Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-04-20


YESTERDAY AFTERNOON AND
EVENING REMARK BY HOT
FIRE ALLEGED TO HAVE BEEN
A COMMON EXPRESSION AL
WAYS SPOKEN IN JEST-EVI-
DENCE WILL BE SUBMITTED TO
JUDGE JACKSON AND PASSED
UPON BY HIM.
United States Commissioner George
Boyd conducted the hearing of Julius
Hotfire and Joseph McCrea yesterday
afternoon and evening. in the Federal
Court room, in the presence of q large
number of friends of the accused men,
and strike sympathizers. Wm Erskine,
Esq, appeared for the prosecution, and
sat at table beside Chief Deputy
Marshal Randolph. Attorneys NJ. #.
Dryden ard Chas. Schuck represented
the defendants. Hotfire was first called,
and plead not guilty.
The witnesses were called. sworn and
excused. The prosecution called N. NJ.
Drummond, OF Huntington, deputy
marshal, who testified that he was ON
a North Wheeling car, which passed
saloon near the terminus of the road.
Hotfire was standing In the door, shak-
ing his first and muttering something.
When the car returned, defendant said:
Get off the car, you ---- ---,
and I'll clean you out." Witness got
off the car and followed Hotflre, over
taking him ON narrow walk beside
Agnic's saloon. Hotflre picked up
shovel, but wintess lodged, and knock
ed it from his hand. After his arrest
Hotflre said in threatening manner
that he could clean out all the men
one at a time. Witness testified that
there were generally distractions on
the track at that point. Defendant
shook his fist at witness. and said:
you, man with the cap. get of here.
Another of the men who were on tho
car gave substantially the same testi-
mony as other witnesses for the prose-
cution.
The defense introduced number OF
witnesses to disproye the charge that
Hotfire used profane language. All tes-
titled substantially to this effect-that
the words defendant used were, What
kind are they?"; that this was famil-
lar expression, growing out OF It's fire.
quent use on fishing excursions up the
river a few years ago; that 1t Is fire.
quently used in friendly way, as =
Joke" and not an insult. Commis-
sioner Boyd asked questions with the
intention of learning whether the re-
mark was intended TO apply to any
person ON the car. but got no satisfac-
tory replies.
VIM. Feeny. John Foley. Thos. Bar
rett, Mike Agnic, Thomas Kelly, Frank
Sweeney and James A. Barrett testified
substantially as stated above. With
one or two exceptions all were stand
ing in front OF Agnics saloon when the
arrest was made. None OF them
heard the language testified to by witt.
nesses for the prosecution, and none
saw Hotfre use shovel as a weapon.
Mr. Dryden asked several questions
of witnesses, touching the character Of
the accused, and upon cross-examina-
ton Mr.. Erskine followed the same
line of inquiry with a view TO estab-
fishing the fact that Hotfire had been
charged with incendiariBm In connec-
ton with the burning OF Schultz's con-
fectionery. and that he had served
term in prison. Several questions were
rusd out. and others which were al
lowed, were excepted to by Mr.. Dryden.
Mr.. Erskine met with Indifferent sue
cess.
John Foley, who had testified TO the
good reputation of Hotflre. was re-
called. To Mr.. ErsIine he said he
thought Hotfre had been arrested and
convicted, but upon cross-examination
he testified that his recollection was
not clear, and he rather thought others
were convicted, but Hotfre was ac-
quilted.
This concluded the evidence. and
court took recess. AZ 7.30 o'clock the
case of Joseph McCrea was called.
Deputy Roberts testified that he made
the arrest at Sixteenth and Market
streets. McCrea had applied vile cpl
thet to him, told him he looked hungry,
and invited him of the car. On cross
examination he said Mccrea also shook
his fist at him. Deputy James Troy
corroborated Roberts. except az to the
use OF the epithet and McCrea's resist
ance. Defendant had used the words
"scab" and 'sbIacksheep." George Wit
tam. conductor ON the car, gave sub
stantially the same testimony.
Where is your homer" asked III.
Dryden.
philadelphia"
How does 1t come that ron are
working here?"
Some fellow blacksheeped me out