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

OAt POAAIo U4CAO 4Ol06 ASeA0 AAA>S S@AS
city to arrest all strangers or suspic-
ious characters. He was present when
the red handkerchief was taken from
Mooney and the white one from FRI
day.
Lester Smith was the next witness.
He was at the Elm Grove town hall
when he heard of the murder. In COM
pany with about twenty others he
started for the Hervey residence. He
secured lantern and made an exam
ination of the foot prints in the snow
on the premises There were two
tracks leading to the railway and join
ing east of the S bridge. He follow
ed the tracks along the railroad. They
left the railroad near the Elm Grove
school house, where it looked like
barbed wire fence was crossed, and
followed the pike until the tracks were
lost. One Of the prints was larger, the
other smaller than the shoes worn by
witness.
An Accurate Description.
The tracks about the premises led
the witness to infer that the smaller
man stood by the window on the Tri-
adelphia side of the house, and the
larger man on the porch by the win
dow. The impression of footprints on
the ice showed number of nails on
the outside, and only two on the in
side of the heel, and the shoes cores
ponded. The most distinct impressions
were on the railroad ties, because there
was no ice on them. The larger shoes
had a single row of nails around them.
On cross examination witness said
he and the others endeavored to keep
at safe distance, in order not to dis
turb the tracks in the snow. There
were four separate tracks from the
railroad, two up, and two down the
bank. The tracks extended about a
hundred yards in the direction of Tri-
adelphia The imprint of the nails in
the ice was so distinct in some places
that witness could count them. Wit
ness found that the tracks turned af-
ter going toward Triadelphia, and for
that reason did not fit the shoes in
the tracks in that direction from the
Hervey residence.
E. C. Burkham was the first witness
called in the afternoon. He also tes-
Titled to the examination of the tracks
in the snow, his evidence corroborat-
ing that of Lester Smith. He identi
fed the shoes. He also examined the
revolver on the following day, and as
certained from the powder stains up
on it, that three chambers had been
fired.
Q.-Is that the Only way you can
tell?
Ayes.
Q.-Have you had experience in that
way? 7q
Ayes, all my life l hunt a great
deal, and keep my guns very clean.
In reply to further questions witness
said he. did not know when he discov-
cred that the chambers had been used,
that more than two shots had been fir
ed the night before. The evidence as
to the tracks in the snow was not
shaken on ross-examination.
The Rev. Mr.. Fullerton gave COM
paratively unimportant testimony con-
corning the finding of the bullets.
Positive Identification.
Edna Stobel, young girl who lives
in Elm Grove, identified the prisoners
as two men she passed on the road at
Elm Grove on the Monday or Tuesday
of the week in which the murder was
committed She could not be positive
as to the day, but was certain it was
not on the day of the murder. Her
Identification was fairly good.
Silas Freeze was called. Witness
said he lived on the right hand run
road" about mile from VIM. Fette's
place. He is employed at the La Belle
mill. On the night of March LIST,
about ten o'clock, he saw two men
passing in the direction Of Fette's.
Q.-Can you identify either of the
prisoners as one of the men, or both
of them?
A.-No,' 1 did not get close enough
to them to see their faces. They were
going toward the city. medI ESQ
Joseph Herdon, proprietor of the sa
LOGON at Elm Grove, was the next wit
ness. He positively identified the
men as the two men who were in his
saloon between four and six o'clock on
the afternoon of the day the murder
was committed. He said one man wore
a soft SLOUGH hat, and the other man
a stiff hat. His positive testimony
was not shaken by the searching cross
examination conducted by Col Arnett.
How do you fix the day. he asked.
Alt was the day of the murder.
Q.-Who else was in your saloon at
the time?
"A man named Wilson, strang-
er, and my bartender. I don't know
where my barman is now.
Q.-How long did they remain?
A-Tbov ctavad aho,,t ard