Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-09


Oratorical Pyrotechnics Defense
Had little the Better OF it Ia the
Way of Judicial Rulings Wit
misses Describe the Scenes That
Attended the Shooting ARRAY Ia
which Thompson Lost His Life.
Special to the Register.
Parsons, W. Va, December Sine
fiercest fighting that has characterized
the Eastman case SO far, perhaps, took
place among opposing counsel to-day
The State was closing it's case and
seemed to have concentrated it's stronS-
est evidence for the final day.
The defense, on the other hand, ap-
peared to have anticipated the efforts OF
the State, and stubbornly and, it might
be truthfully said bitterly contested
everything offered or undertaken by the
prosecution.
The honors have been about even, or,
il the ruling Of the court be taken for
a criterion, perhaps little in favor OF
the defense, for they seemed to score
more victories in that respect than tie
State.
S. w. Grogan took the stand this
morning and said that at the time CT
the shooting he was standing on the
freight platform, at the station, in Par
sons, which brought him upon a level
with a window Of the car in which the
trouble occurred. He saw all the shoot
ing The first thing he saw, according
to his testimony, was two streams OF
fire shoot out from the Elkins end OF
the car toward the Davis end OF the
car. before any flashes were returned
from that direction Eastman told wit
ness. witness said, in the Jail, that he
stood in the Elkins end Of the car. The
witness said the first two flashes were
followed by sharp and distinct reports
pause, and then the firing became
indiscriminate.
H. D. Cole swore that Thompson
dropped into a seat just two or three
seats in front Of him, in the car AS
he was in the act of sitting down East
ham struck him in the mouth, the wit
ness said, badly bruising his upper lip,
and Thompson being forced backward
by the blow, sank into the seat. After
the blow, Eastman, according to Cole,
took a step or two forward, in side
long way, never taking his eye off
Thompson, then turned full toward
him, and thrust his right hand into his
right side coat pocket. Thompson, the
witness said, arose between the seats,
facing Eastman. AS he got up, he drew
a revolver from his hip pocket, and in
a hesitating way stood, holding it down
at his side until somebody shouted:
PUT up that gum" when he changed
its position around in front of him, held
it up close against his body and COW
cred it with his other hand. While he
held it SO, the witness said, the first
two shots were fired, and Cole AYERS
they never came from Thompson's pis-
tol. for he was looking straight at it
when the shots were fired. Then
Thompson stepped out into the aisle
and both parties began a rapid shoot
ing, Thompson, according to the wit
ness then firing for the first time.
Cole is a .jeweler and occulist, and was
an unusually intelligent witness.
Ex-Judge J. T. Hoke identified an en-
try on the courts records as one pre-
pared by Mr. Daley, now counsel for
the defense, in an injunction suit while
witness was on the bench, which order
recited a multitude of murderous
threats made by the prisoner against
the Thompsons. The judge also testi-
fed that he advised Frank Thompson
in view of these threats that he had
better keep out of Easthams way, as
he believed him in danger and indi-
rectly sanctioned Thompson's arming
himself as he thought the circumstan-
ces justified it.
Charles Campbell, a constable. alleg-
cd that Eastman told him while he had
him in charge at Davis, after the shoot
ing, that he always shot a man in the
stomach, as such shot was almost
sure to be fatal, and also slowed him,
so the witness said. how he shot
Thompson through his pocket and the
advantage he gained over him by that
sort Of shooting.
Then Albert Thompson took the
stand, and the father of the victim told
Of the trouble from first to last.
In Mr.. Thompson's testimony the de-
Tense broke in frequently with oAise-
tons, and Mr.. Howard, for the State.
became aroused and charged the de-
Tense with resorting to that subterfuge
to prevent the witness from telling the
story in his own way.
This awakened the ire of Mr. NcCor-
mick, and these two gentlemen engaged
in spirited setto which finally involved
Messrs. Dayton, Davis. Arne,t and Daley
and called for the intervention of Judge
Holt to restore order.
Mr.. Dayton also made some severe STRIFE
lures upon Mr.. Daley this afternoon. for
what he called his equivocal position in
this case, having been the regularly re-
tanned counsel for the Thompsons ZIP to
the tragedy.
This brought on another hot quarrel
which had to be stopped by the Court
The State has rested and the. defense
will begin tomorrow.
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DWELLING RrRNED