Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-13

SnO"-SIar witnesses 0O OA
the Stand To-Day.
The State is making a remarkably
strong case against John Mooney and
Frank Friday. 1t has been shown that
men answering their description conf
mitted the murder; that defendants
showed fight when they were arrested;
that Notwithstanding it was cold
night their clothing was wet from pers-
piration; that handkerchief CORES
ponding in color to the masks worn
by the murderers were found upon
their clothing; that three charred
chambers were found in MONEYS re-
yolver, indicating that three shots had
been recently fired; that the shoes worn
by the prisoners fitted accurately into
the tracks in the snow on the Her
vey premises, and on the road leading
to the point where Mooney and Friday
were apprehended.
Yesterday the chain of circumstan-
tial evidence was further strengthened
by the testimony of a number of wit
nesses who Swore positively that
Mooney and Friday were in Elm Grove
as late as six o'clock on the afternoon
of the day the murder was committed.
This evidence will make it. extremely
difficult for the prisoners to establish
the alibi which is understood to be
their defense. To this testimony is
added the story of another witness,
who swore positively that the men
passed him on the railroad track east
of Elm Grove shortly before eight
O'Clock, and that they were going in
the direction Of the Hervey home. An
other witness saw two men pass his
home at ten o'clock about a mile be-
yond the place where Mooney and FRI
day we're arrested.
The testimony to-day promises to be
the most sensational of the entire trial.
Kittie st. Clair will swear that she
heard the plan for the robbery OF Her.
vey concocted in Dukes Reilly's sa-
loon. Reilly and his bartender, John
Lynch, may also take the stand.
Foot Prints in the Snow.
When court convened in the morn
ing Sheriff Richards continued his di-
rect testimony as to the fitting of the
shoes of the defendants into the tracks
in the snow about the Hervey prem
ises, and along the county road. He
was cross-examined by Col. Arnett,
stating that he measured the tracks
up the hill by the poor house, but did
not measure the tracks in front of the
Hervey residence for the reason that
many other persons had walked there
For that reason he measured only the
tracks where he thought no other per-
sons had tread.
Q.-Some persons guided you to
these tracks?
Ayes.
Q.-Then somebody else went over
them?
Ayes, there was. l know nothing
about what happened at the house be-
fore 1 got there.
Sheriff Richards denied that he had
any feeling in the matter, except in the
line of his duty as an officer. He adj
mitted that his first impression was
that but two shots had been fired. His
examination of the pistols was confined
to seeing whether they were loaded.
He did not know whether the pistols
had been recently loaded and fred.
The wind was blowing on the night of
the murder, but not violently, so as to
cover the tracks in the snow. If men
were securing the country hunting for
the murderers he did not know it.
Juror Frank Stanton asked witness
if there was any popularity about the
shoes except size and form to which
witness replied negatively. The next
witness was Police Lieutenant Dan In
gram.
How the Shoes Were Secured.
Witness told how he secured the
shoes from the prisoners. Friday made
no objection Mooney was afraid of
catching cold, and witness secured an
other pair of shoes for him. No
threat or promise was made in order
to get the shoes. He got them at IL: 80
o'clock, took them out to Elm Grove
and gave them to the Sheriff. Witness
said the men were both damp when
fthey were brought to the building.
That was at 1905 o'clock. The revolt
vers were given to witness, who I'M
loaded and reloaded them. He did not
know that two cartridges were miss
ing until noon Thursday, when the
Chief told him A search of the draw
er was made and the cartridges were
found by Lieut.. Devinney.
Chief of Police W. NJ Clemans testi-