Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-08

animation by Mr.. Dryden, witness SAID
after he had notified Mr.. Tallman and
left him in charge of the body, he
started for Hess house, met Mr.. Hess
on the road, went back to the body
with him, and found Mr. Tallman still
there. Tallman, Hess, Vincent, Bay
less and witness removed the body on
Mr.. Hess sled, witness going after the
sled and driving it up to where the
body lay. The body was taken to the
wagon shed of the deceased before the
Coroner came, and before an examina-
ton had been made by the doctors.
The Coroner came sometime later in
the afternoon, and the Inquest was held
in the shed. After that was over the
body was removed to the house. The
Coroner opened deceased's shirt and
looked at the wound, and witness saw
the wound. Witness was not there
when the doctors made the examina-
ton. The wound witness saw was on
the breast-he did not see the wound
in the back. Witness saw the Coroner
put his little finger
INTO THE WOUND.
Q.-Could the wound you saw on the
breast have been made by a revolver
of large calibre? Al would not say.
Q.-Could it have been made by a
pistol shot? Al don't know.
Q.-State whether Charles Hess,
with whom you lived, was suspected of
the murder of Henry Kiel? (Objec-
ton; sustained.)
Q.-You may state whether or not
Charles Hess was accused of the MUIR
Ger of Henry Kiel? Collection; sus-
teined)
Q.-You may state whether or not,
after Charles Hess was suspected OF
the murder of Henry Kiel, he commit
ted suicide? objection; sustained)
Q.-You may state whether Charles
Hess committed suicide? COLLECTION;
sustained.)
Mr.. Sommerville-These questions
are getting worse and worse, Your
Honor.
The Court-The objection is sus-
tanned.
Mr.. Dryden-Your Honor, we wish
to offer to prove that Charles Hess was
accused of the murder, and that short
ly after that accusation he committed
suicide; and we also desire to prove
that in a certain saloon, on Water
street, on the day before Charles Hess
committed suicide, or shortly before
he did so, he was asked why he MUIR
dered Henry Kiel, and he said:--(ob-
jection)-to which question he made
no reply, and shortly afterwards, per-
laps the same day or the next day
Mr.. Sommerville-Or the Gay be-
fore
Mr. Dryden-Much obliged, gentle
men. (Resuming) He
COMMITTED SUICIDE.
(Objection.)
Q.-How long die Mr. Yost remain
in Monroe county, O., before he re-
turned to the home Of Mr.. Hess? A
When was this-before or after?
Q.-Before the death of Henry Kiel,
you have testified that Mr.. Yost went
to Monroe county, o., and was not
present at the inquest. How long did
he remain away? Al don't know if
he came back that fall, or not until
spring.
Q.-Then he was gone some months?
Ayes.
Q.-You say there were two trees
ed? A.-There are several trees along
the road there.
Q.-Are there not two locust trees
along the road, near where the body
was found, cut or barked? Al
never noticed them.
On redirect examination, witness
said a stranger had gone along the
road about eleven O'Clock. He was not
armed, and had nothing in his hands.
To Mr.. Dryden, witness said he saw
no arms on the person of this man, as
far as he could see. He had no rifle or
gun.
To Mr.. SOmmerville witness said Mr.
Yost was with him, in the stable, when
Kiel passed. Yost and witness had
gone to town that morning, but they
did not return together Mr. Yost
came back about ten or eleven o'clock,
with Mr.. Limbaugh, after witness got
back. Witness saw Limbaugh at the
Reymann brewery, and he also saw
Yost and Limbaugh come home.
The defense here moved to exclude
the entire testimony of the witness on
the ground that
THE CORPUS DELICTI
had not been proved, which motion
was promptly overruled. The defense
tuSu lul lHcl luONSu W tACIuuc dli lul
Their testimony until the essential fact
Of the death of deceased had been es-
tablished. This motion was also over
ruled.
Jacob Yost was then called for the
State, and was examined by Mr.. Som
merville. He said On the second day
of November, 1896, he was at Charles
Hess in Stackyard Hollow, where he
had been for few days. On the day
mentioned he came to town, about Z
a. M, with John E. Smith, the pur-
pose of his trip being to get some
money from the Terminal Railway
Company, for which he had been work
ing. He returned home about ten
o'clock in. the morning, with William
Limbaugh, meeting the latter at the
Reymann brewery. Smith went home
before. Witness saw Henry Kiel go
past Hess between eleven and twelve
o'clock in the morning. He had a one
horse milk wagon, with a COW attached
to it, behind, and he was going up the
hill towards home. Witness next saw
Kiel after he was dead, about fifteen to
twenty-five minutes after witness first
saw him. The body was lying on the
road. John Smith went up to it with
witness, after a lady had come down
and said there was man lying there.
who looked like Henry Kiel. After
going to the body, witness went I'D to