Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-08
EVIDENCE AL
BEFORE THE JURY.
Continued from First Page.

the Combs house. Benz. Frazier left
the house about one o'clock Friday.
witness saw him; he went out the
back way; witness did not see which
way he went: witness and Devinney
left half an hour later-Went our the
back way and up Main street; VIII
ness did not see Mclaughlin or Craig
that afternoon until they met on Mar
ket street, and did not know Wnere
they were; witness was never on MRS.
Combs front porch; known OF no one
else being there that afternoon When
witness and Devinney started up Town
II told Deyinney: we had better nave
those fellows arrested! they're arouno
here. and we don't know what tney "a
do We came UP to Sixteenth street
and went into Duffy's and got a glass
of beer. l saw Benz. Frazier no more
that day. We each got a glass OF
beer; Devinney drank his beer and !
took sip il mine and put 1T BACK: !
went out to the vestibule and called
to Deyinney to come on; we went 10
sixteenth street and l said to go up
to the chief, but Devinney said we
had better 90 to a squire, and we
started to Squire Larue's, at twenty
second street; We met them at the
photograph gallery; Craig SAID;
There's the -; let's give 1t TO
them; and snapped at us; he snapped
his gun several times; it went on, ana
the bullet hit me in the leg; Charles
Mclaughlin also shot; | said to De-
yinney: Look out, they're going to
give it to us!' Devinney tried to pull
out a revolver. and just as he did l
snatched it out of his hand: it was
the revolver I had got, and give
it to him on the stone bridge; tired
with my left hand because l had no
use OF my right hand. Before we
came up l spoke about going up and
having them arrested, and he said he
was ieery to go out, and | said come
on, I've got a gum and on Main street
/ gave it to him. | was going 10 get
a warrant, and did not want to have
a gun in my pocket. l fired five times
and then went up Market street. l
fired at William Craig"
Witness knew Martin Kemp, but did
not see him at Duffys saloon; witness
did not stop in any door below Duffy's;
never left Duffy's until Devinney
came out.
After the shooting witness walked
down South street, dumping the shells
out and put the three cartridges he
had in; he did it for precaution; knew
no one was killed then; went to the
chiefs Office, and Devinney asked II
the chief was in, and lady said
no, went down stairs, to the lower
hall, to the water closet, and then
started to go out in the alley, back OF
the City Hall. Witness said: Lets
go to the sheriff. and they met Kim
delberger, and told him: Lock us
up" Witness gave up the revolver.
Q.-At the time you fired those five
shots did you believe your life was in
danger? A.-Certainly, there was two
men shooting at us.
CROSS EXAMINATION.
To Mr.. Howard: The four men
were near the gallery, and we were
going down street; when l first saw
them they were following us; l was
lust above the shoemaker shop, and
LEY were about at the gallery-the
zoe adJoins the gallery; = had my
q q sfiSxn over my face, on account Of
by eyes being black, and when +
keard: There's the -, give it to
'them!' l looked up and saw them. I
believe Frank was nearest the wall,
Claig next to the curb, and Charles
next to Craig. l did not know Young,
but he was next to Charles. Craig
had revolver in his hand, when we
were a couple of yards north of the
shoe shop; there was nothing l know
OF to prevent our seeing them from
Sixteenth street; we were going that
way, but were not looking in that
direction; have no recollection of
cQinc oil 1T inc
then; l had my hat down over my
eyes; we stopped about a minute at
Klari's corner, we walked at my usual
gait, and Devinney kept up; we were
talking about having them arrested,
going down.
f Q.-You tell this jury these four
men were lined up little south OF
the photograph gallery, facing you,
facing north, and Craig had a revolt
yer in his hand, and you and Devin-
ney were walking down, and did not
see them? objection, overruled).
A.-No sir, l don't say that at all; I
lsay l never saw them until Craig
halloed; we were a couple of yards
north of the shoe shop; they were
about two yards south Of the gallery;
when | heard Craig speak they were
AoSlAS -luSy Hdu JUST tuIucu
around facing us; l threw my head
up when I heard the remark
never saw them turn around; they
were just about facing us when l
looked up; there was nothing behind
us that / know of.
Q.-Craig fired the first shot? A
Yes, he hit me right in there.
Odd he fire a second shot? A.
Yes; think he fired about three; I
don't know what direction the second
shot went; Charles Mclaughlin also
fired; when Craig fired l said: Look
out, they're going to give 1t to us!"
and / ran out in the street and fired
five times; when he fired the second
time Craig jumped out in the street;
he ran at about the third shot, but l
could not be positive, for a good deal
of shooting was going on-there were
three of us shooting; l don't know
where he ran; think he ran south;
Charles Mclaughlin backed towards
the wall; think Devinney was on the
sidewalk; l would not be sure about
Frank going in the, gallery; don't
know where Young went; | fired the
five shots right toward the curb, and
did not aim at any one.
Didn't try to shoot any one?
Al don't think l did, for l didn't
aim at any one.
Q.-Why didn't you shoot at Craig?