Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-06-14

AggressOr - Was Struck by a
Stone by Young Eberle, But Ply
sicians Testified That the Blow
Did Not Cause His Death The
Verdict of the Jury.
The coroner's jury, empanelled to ex-
anime into the cause of the death OF
AISLE M Prettyman, on Friday last,
brought in verdict which completely
exonerated Frank Eberle, ST., and
Frank Eberle, Jr., who have been con-
fined in Jail pending the inquest.
The jury sat in the office of the cor
oner, Justice Allen acting as coroner on
account of the illness of Squire Schultz.
A number of witnesses We're summoned
and their examination was conducted
by Prosecuting Attorney Meyer. All
the testimony showed that in the fight
between Prettyman and the Eberle's,
on Monday, 9Th inst, the former was
intoxicated and was the aggressor. The
evidence of Drs. Armbrecht and Plant,
two of the physicians who conducted
the post norton examination, showed
that Prettyman's death was due entirely
to natural causes. The jury could not
have rendered any other verdict under
the evidence.
Charles Rayfelt, Charles Hall and
James Reilly were eye witnesses to the
fight All testified to the same fact
without any material variance in their
stories of the trouble. Their testimony
was to the effect that Prettyman was
ve.y much intoxicated on Monday af-
ternoon, between one and two o'clock.
Frank Eberle, Sr., was sitting on a
board and Prettyman sat down in his
Piettyman slapped him in the face.
Frank Elberle, Jr., protested against
this and Prettyman directed his atten-
ton to the boy. In the course of the
fight which followed, Prettyman kick
ed Eberle, Sr., in the side, and Mr. Eb-
erie threw stone at him. but missed
him. The son then threw the same
stone, rock about six inches in diam
eter and weighing about three pounds,
and it struck Prettyman in the region
of the kidneys. 1t was not thrown
with great force-rather jerked than
thrown
Prettyman made no cutlery at the
time, but sat down beside board pile
and started cursing, directing his pro-
family to no person in particular. He
was lying in the sun, and the boys
made shed over him to afford shelter
from the heat. Afterwards he went
around to the opposite side of the board
pile and vomited There was no blood
in the substance which he vomited.
Prettyman asked Reilly and John Butts
to take him home. They declined at
first, but afterwards went a portion of
the distance with him, walking ahead
of him. Butts testified that Prettyman
said he could whip both of them and
kicked at them while they were ahead
of him. Anthony Conner, another eye
witness, testified that Prettyman told
him he was hurt, and asked him to I'M
button his vest and shirt to see if he
was cut, but witness did not do so.
IRE
testified that she was called to Pretty
mans home Wednesday afternoon and
remained there until he was buried.
She gave detailed account of his con-
dition, mentioning the bruises on his
hand, eye and hip, his suffering from
pains in the kidneys and stomach,
swelling in the region of the bowels,
irregular pulse and GOODNESS of his
body. vomiting Of blood at times, etc.
She told of the visits Of DR.. Ford, who
expressed doubt as to his recovery, and
on Thursday night pronounced his case
hopeless.
Thursday night Dr. Ford told Pretty
man, according to the testimony Of Mrs
rown. that he could not recover and
persisted in his efforts to find out what
caused the bruises on his body. After
some hesitation, Prettyman said that
Eberle hit him with a stone. He was
asked if he had not been kicked. and
answered yes" Asked who had kick
ed him, he replied "Buttsie.'
DR.. E. c. Armbrecht, county physic-
ian, testified that he was directed by
the coroner to conduct post mortem
examination. in which he was assist
ed by Dr. E. B. Plant and DR.. r. 0. Nc
Masters. He testified to the bruises on
the body of Prettyman, mentioned in
the evidence of Mrs. Brown. There
was no evidence of confusion on the
walls of the abdomen, but there was
evidence of confusion in the muscles
over the breast bone. The kidneys
were enlarged and the abdomen dis
tended. The heart was dilated on he
right side, and in the cavities there
was a vegetation effecting closure of