Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-02

ana llarlet; Ben axlsr ~ With y
then; he came from down Ia there.
somewhere; did not see him
come out OF the house, but ne came up
the street-up Main street, but don't
know whether he came out of the
Parker block or not. Witness said he
| had not talked to any one about the
case since the morning session. Re-
Stunning, witness said Frazier came up
with the party as far as "Stoney' Duff
fy's saloon, opposite the pOstOf6ce;
they came up Main to Sixteenth, and
then to Market; then Frank McLaugh-
lin talked while to Frazier, and then
the four, leaving Frazier, walked to
Tenth street, then over to Main, down
Main to Eleventh, back on to Market,
and down Market street, coming
down home; started from home when
II first went down Twenty sixth street;
/ have told all that took place at the
corner of Twenty-fourth strect-John>
son was at the door and mOtioned like
this (illustrating). The evidence
given by witness before the coroner's
jury was partly read to witness, and
it appeared in 1t, that witness said he
."did not meet Charles Mclaughlin,
but met Frank at the Belmont" Mr..
Howard objected to having this par
ticular portion of the evidence singled
out, and submitted the transcript to
the Court Mr.. Dovener was allowed
to proceed, and read another answer
of witness, when he said: These peo-
pie came out and shook their fists at
u.s." Witness said he did not make
that answer, and "did not think" any
one shook a fist at the party. Capt.
Dovener, continuing, read another an
swer of witness, to the question, "Tell
us who it was" "That is more than
know" and witness said he didn't
think any one shook his fist, but
thought he had made the answer. The
Captain then wanted to know why he
gave that answer, and this was object
ed to, and allowed. Witness said he
saw no one shake fist, and Captain
Dovener said he would let the matter
rest there Witness was then led back
over the route of the walk up town
by the party of four, and when his
attention was called to his statement
before the coroner that they came
down Main to Twelfth street instead
Of Eleventh, witness said he had made
mistake in the street, and that Craig
had made the same mistake, and had
said so. He discovered the error two
or three weeks after the inquest,
when he was thinking over it, by him
self. Witness was then taken back to
Ben Frazier's appearance, and he said
the first he knew of Frazier was when
he came up the street; before the cor
Oner witness said: 1--WE four started
up street, and another fellow came out
of the Parker block" In explanation
of this witness said he saw him right
by the block, but did not see him
come out.
Witness said the four were walking
abreast, at Sixteenth. When he heard
the words spoken witness and Charles
Mclaughlin were together and the 9TH
er two in front. His attention was
then called TO previous statement,
On direct examination, and he said: Il
think / was next to Charley; | couldn't
just say where the other two were. |
next saw Charles Mclaughlin in front
of the door; / suppose he stepped back
to the door; l did not see a revolver
in his hand then, but he walked over
to me, and threw the revolver down;
when he walked over to me he had his
arm up in front of his face | did not see
the revolver until it fell down. am
positive Of that. did not see Johnson,
except his legs, while the shooting was
going on.
Q-Tell this jury how you know it
was Johnsons voice, saying Give it to
them" if you did not know him? A
1t was the same voice l heard at Twen-
ty-fourth street, calling to US.
Q.-When you heard Give it to
them," what did you do? Al walked
on.
Q.-How far did you go? About
two steps.
Witness was then confronted with
his evidence before the coroner, when
he said he stopped" and he said he
kind of stopped and turned around, and
then got behind the telegraph pole.
When he turned around he saw the
shooting; the parties who were shoot
ing were in the street-just stepping
off the curb-stone. Witness did not
know how many shots Mclaughlin
fred.
Q.-Who else had a gun in that
party? Al don't know.
Q-Don't you know that William
Craig fired the first shot that was fired
on the ninth day of September, 1888,
in the city of Wheeling, at the point
you have detailed? Allow do you
want it answered?
Q.-According to the truth. A.-No.
Q-Would you have answered it diff
ferently if I had asked you? A.-No;
l don't think would.
Witness did not see Craig during the
shooting, and did not know whether he
shot or not.
Capt. Dovener asked witness a great
many questions, mainly based on the
evidence before the Coroner's jury, as
to details of the actual shooting, the
positions of the men, etc, and this part
Of the examination occupied consid-
cradle amount of time. The net result
was that witness said he had changed
his mind, since the Coroner's inquest,
as to the relative positions of his COM
panions.
Witness was asked whether the shot
which hit the door of the photograph
gallery could have been fred by any
one in the street and north of the door,
had the door been open, and witness
said he did not know. The only re-
volver seen by witness at any time was
~ II III ltyN'