Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-06-23
THE HAHN TRIAL
Opened at Aoundsville Yesterday
Morning.
All the Evidence on Both Sides Adj
duced, and the Arguments of
Counsel Commenced The Case
WillGo TO the Jury To-Day.

It-~EiLds d. -UOuA1c sAl4t JOIN HAM
was tried before the Circuit Court for
the murder OF Oscar HamIin at Ben
wood on the 4th OF last March. The
trial was opened promptly al 9 o'clock,
and the following gentlemen made I'D
the jury: J. r Logan, Robert Walker,
J. K Lindsey, Glenn Jefferson, ". L.
Brown, ]. W. Crow, William Anderson,
F. Cats, A. J. Adams, Bud Cain. c. H.
Logston and Joseph Hilton. After the
jury had taken their seats the prosecut-
ing attorney in a few remarks gave
history OF the case, informing the above
named gentlemen what they intended to
prove and some OF the evidence taken
at the coroner's inquest He was fol-
lowed by Attorney Caldwell for the de-
tense. who outlined the case and short
~ afterward the first witness was cali
ca Tor the State. This was Thomas
Wearns, young boy aged about fifteen
years. His testimony was as follows:
On the date OF March in company
with Oscar Hamlin and John Kuntz he
was engaged in a game called shin
ny" hear Vance's store, in Benwood
After the game was over all three re-
paired TO the end Of the boiler house OF
the Wheeling steel works and it being
a little cold they sat down by the boil
ers 10 get warm. They had been there
about fifteen minutes when young
Kuntz saw Hahn, who is the Waterman,
coming in their direction. He inform
ed the others, but Hahn saw the action
and threw q stone, which knocked
Kearns' cap off and struck Hamlin on
the head. Both Kearns and Kuntz got
away, but Hamlin, who was struck, was
rendered insensible Hahn then came
to the place where the boys were sitting
and found Hamlin lying on the ground.
He told Martin Blake that the boy must
be hurt, and asked him to help him
carry him to the hospital Hamlin's
head was covered with blood and he
used hose near by to wash his face.
Being cross examined he stated that
kuntz ran away first and he followed.
Hahn did not tell him to get off the
premises before he threw the stone. He
had seen other boys driven off the pro-
perty, but said that Hahn had never
used abusive language in his presence
and had never thrown stones at any
body before He saw Hahn pick up
something 10 throw, but could not say
what it was. Witness said he met Po-
lice Officers Brannen and Carey on the
road close to the works, but did not in
form them Of the affair on account Of
their being scared.
The next witness was John Kuntz,
i in
giving his testimony stated that he was
with the other two boys and was in the
game of Skinny with the other boys and
corroborated the testimony in chief as
given by young Kearns. He first saw
Hahn carrying long rod which he had
dropped and picked up stone or some
thing which he threw al them. He
then ran towards the Baltimore & Ohio
railroad, and waited behind pile Of
logs until Kearns came up. He noticed
his companion was white about the
face and asked what was the matter.
Kearns replied that Hamlin had been
hit. and both then went to Vance's
store. On cross examine ton he did
not see Hahn pick up anything. but
supposed he intended TO hit him with
something Hahn never threw at him
before. but he had seen him chase boys
away from the works before. He also
stated that he had heard Hahn warn
boys to keep off the stone wall. The
bows had often played on the company's
ground, but this was his first time to
be warned to stay away.
Justice A. O. Lacey was next sworn,
but his evidence was only that he saw
Hamlin at his home after the accident,
and about three or four days before the
victims death.
H. C. Brannen, former police officer,
was then placed On the stand, and ne
testified as TO being near the works at
the time Of the affair. The first he no.
t;ced was the boys, young kearns and
Kuntz, running from the works to the
railroad, and he saw large stone roll
ing near their heels About an hour
afterwards he picked up the stone, hav-
ing in the meantime seen Hahn and
Martin Blake pick up Hamlin and wash
his head He asked Hahn what was
the matter with Hamlin and the latter
replied that he did not know. Officer
Gary was also in Brannen's company,
and he made the remark that he would
not tell If he did know. Brannen then
asked where Hahn picked Hamlin up
and he replied on the tracks at the
boiler house Both officers then went
to the works, where they Slade an ex-
animation and found out thet true state
Of affairs.
DR.. Alley was the next witness and
he testified as to the wound and that
ii was caused by a stone or some
blunt instrument He made very
careful examination and was assisted
by DR.. Eskey and DR.. Downing A
part of the skull was fractured and
large piece of the bone was taken out
which was used as evidence. Thomas
Kearns was here recalled and identified
the cap worn by young Hamlin. After
this the State rested. and the defense
introduced their first witness. This
was Frank Lowe, another Waterman
at the mill. He stated that the three
boys mentioned were about the mill
frequently and that they had often
stolen property belonging to the COM
pany. They had been warned repeat
eddy to stay away but paid no atten-
ton He had also seen Oscar Hamlin
personally carry away stuff.
VIM Blake was next introduced. but
as the defense wanted to prove more
about the bows being troublesome about
the place, the Court would not allow
the testimony to be introduced. The
same was also applied to witness. VIM
Carey. The defendant. John Hahn was
next on the stand, and his story is as