Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-11

trial will rely upon establishing an
alibi in the cases of Mooney and Fri
day. This much was indicated in the
opening statement to the jury by Col.
w. w. Arnett, attorney for the de-
PENDANTS. 1t is the defense which was
anticipated by the State.
The opening statements to the jury
were made Immediately after court
convened in the morning. Judge
Hugus decided that the trip to The
scene of the murder should be made
in the afternoon. Prosecuting Attor-
ney w. P. Meyer opened with a plain
statement, covering the evidence as it
has been published in the Register.
He recited the fact of the murder, and
the capture of Mooney and Friday out
Caldwells run; of the tracks in the
SLOW; of the handkerchiefs found on
the defendants, and believed to have
been used as masks; of the balls
found on the Hervey premises, ard
OF the reVolVerS secured from the pris-
oners. He added that the State ex-
pected to prove that the murder was
the result of preconceiyed plot to
rob the Hervey residence.
Col. Arnett outlined the plan of de-
fense He dwelt upon the gravity of
the crime of which Mooney and Fri
day are charged, and the Importance
of establishing their guilt beyond
reasonable doubt. He said the de-
tense could make no statement beyond
al emphatic denial that they attempt
ed to rob James Eervey, and that they
murdered him. He expected to show
beyond all doubt that the defendants
were in the city at the time the crime
was committed. He asserted that 10
credible witness could say he saw the
two men in Elm Grove during the af-
ternoon or evening of the day OF the
murder.
Col. Arnett asked the jury to con-
slider carefully the character OF testl-
mony to be offered by the State, to
establish the fact that the conspiracy
was Matched in a Wheeling saloon,
and he predicted that this evidence
that the defendants were in Wheeling
at $50 o'clock on the night OF the
murder, a fact which he proposed TO
establish by half dozen credible W.T.
nesses Referring to the arrest, Col.
Arnett explained that Mooney drew
his pistol because he feared arrest up
on another charge. In concluding ne
asked the jurors not to permit the
mast character of the defendants to IN
f1,lence them in reaching verdict, but
TO be guided, as they should be, solely
NV the evidence which would be pre-
scented to them. The law says they
should be presumed to be innocent un-
til their guilt is established.
John A. Howard followed Col. Ar
nett, and replied to number OF state
ments made by counsel for the de-
Tense. He said that homicide COM
mitted while in the act OF robbery
murder in the first degree,
and he said the State expected That
verdict against Mooney and Friday.
They went into Hervey's house mask
ed to rob him and then shot and KILL
ed him. Two hours later they were
arrested with the masks on their per-
son.
Referring to the anticipated attempt
of the defense to establish an alibi he
said a failure to do so should count
against the prisoners. He expected
the defense to attempt to show that
the prisoners were in saloon on SIX
teenth street, and went out Caldwell
run, where they were arrested. Inc
State would disproye all this, and show
that Mooney and Friday crossed the
hills at Elm Grove and came down
the run. Col Arnett had explained
defendants show of fight when ar
rested by stating that they feared ap-
prehension on another. charge. Mr.
Howard called attention to the fact
that it was not stated what the other
crime was.
When Mr.. Howard concluded the
first witness was called-Henry Her
yey. a brother of James Hervey. He
told the story of what happened at the
Iervey home on the night of the muir
der Mrs. Mccartney and Miss Gil
fllal Were-other members of the lam
lily in the house. Witness was sitting
in a front room with his brother and
cousin. Miss Gilfllan was in her
room up stairs. His attention was at
tracted by a noise in the hall, which
sounded like it might have been an
explosion.
Witness went to the front door
where a man, his face partly concealed
by a red handkerchief, met him with
a raised club and ordered him to keep
quiet. James HerYey rushed past him,
placed his hands against the man and
pushed him out Witness ran up stairs
to his room and heard a shot, quick
ly followed by two others. He ran
down again and his brother was lying
on the floor of the hall dead. The
murderers had fed. He thought there
were two men but was not certain
The man he met was larger than MS
brother and wore dark clothing, and
a dark soft hat. Witness said Mooney
in size and general ap-
pearance with the man, but he could
not positively identify him.
Resuming his narrative Of the crime
witness said he found his brother was
dead and summoned the rest of the
family. He found bullet in the sit
ting room. which had glanced and
fallen to the floor. Another bullet
mark was found on the right side of
the door. He also picked up three
cartridges outside the house, which he
gave to Sheriff Richards. The club
used was a paling from the carriage
house. The club and cartridges were
identified and offered in evidence.
Witness was cross examined by Col.
Arnett He said his brother lanes