Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-12

was first attractede by a crash, fol-
lowed by noise in the hallway. 1t
sounded like the door had fallen.
Witness started to the door, and had
almost reached It when she saw a
man standing in the doorway, with a
raised club in his hand. On mis- face
was red handkerchief. which covered
the lower part of his face. .
Did you ever see the defendants
before to-day"
Al saw them yesterday.
She described the man who entered
the house as large man.
Q.-Is either defendant the man?
A.-The larger man Mooney cor
responds in size and form. | did not
see his face.
Witness continued her narrative. She
knew the mission of the man when
she saw the mask. and she was ter
ribly frightened. She turned and ran
from the room. She heard three shots
fired. She expected the others to be
killed, and wanted to get outside to
give the alarm. She found James
Hervey lying in the hall, face down.
ward, dead. Henry Heryey blew the
horn, and Miss Gilfillen screamed. 1t
| seemed like a long time until some
body came in response to the alarm
which was sounded.
Wore a Red Mask.
Witness said there were three shots
fired. She failed to identify the
handkerchief, saying she just knew
that the face was covered with some
thing red.
Q.-Was there but one man?
At is my impression that there
was something at the shoulder of the
man who stood in the door-right at
his shoulder.
Q.-Who gathered up the plaster
that fell to the floor, and what, if
anything, was found?
Al gathered it up. A bullet was
found.
Witness said another bullet lodged
in the frame of the door. This con-
cluded her direct examination. Col.
Arnett then took the witness. She
said she saw nobody at any of the
windows, but thought she heard a
noise in the yard before the crash
at the front door.
Q.-You had no view of the face
or features of the man?
A.-No, but / remember distinctly
that there was something red over
| the lower part of his face.
Odd you notice his apparel?
Al Just remember that his gen
eral appearance was dark all the
way down.
Q.-Was the man taller or shorter
! than James Hervey?
Ale was at least as tall, and he
| was heavy.
Witness repeated that she was under
| the impression that there were an
other man at the shoulder of the man
| with the club. The man said twice:
BE quiet"
the hour?
Al judge it was half-past eight
when they were there.
Man With "a White Mask.
Miss Gilfllan. the next witness,
was another occupant of the Hevey
residence on the night of the MUIR
der. She went to her room about 8
o'clock, and from this fact fixed the
hour of the murder as about $3.50
o'clock. The noise, at the door and
in the hall attracted her attention.
She next heard a shot, and going into
the hall saw a man standing on the
third step from the second story land
ing His face was covered with some
thing white, and he appeared to be
leaning forward, looking down into
the hall below. She could only be
positive that she heard two shots
fired. The man on the stairs said
nothing Witness would not undertake
to describe the man. When she saw
the white covering over his face, she
was frightened. AS soon as she caught
a glimpse of the man she closed the
door of her room and locked it. She
described the movements of Henry
Hervey through the hallway until she
heard him cry out that James HeVey
was shot.
Witness said James Hervey was
dead when she got down stairs. He
was lying face downward in the hall.
She told about sweeping the plaster
and dirt from the floor of the sitting
room, and the discovery of the bullet
among the dirt.
On croSs-examination, witness said
she saw the man on the stairs before
Henry Hervey passed her door On the
way to his room. The first time she
opened her door was after hearing
two shots fired; the second time when
Henry Hervey passed through the
hall.
The Autopsy.
DR.. John P. Carter, of Triadelphia,
was next called. He testified that he
received a telephone call to go to
James Hervey's resident, about 80
o'clock on the morning of March I'd E.
He described the bullet wound in the
face, Commissions ON the face and head,
and a cut in the scalp an inch in
length. Later in the day he assisted
in the post norton examination. The
flesh was black about the bullet
wound in the flesh. The ball lodged
in the back of the neck on the oppo-
site side of the head, after passing
through the brain. The ball was some
what battered, and two small pieces
of bone were imbedded in it. The
ball was identified and offered in evil
dence. James Hervey's death was
caused by gunshot wound. The
broken cartilage in the nose was prob
ably caused by blunt instrument.
D. S. Thornburg took the stand. He
lives between the Hervey residence
and Elm Grove. He went to the Her.
vey residence sooa after the murder,
and saw Hervey lying dead on the
floor. He found evidences of a strug-
gle in the room. The protection for
a large window was bent.
The next witness was J. S. Creigh-
ton, who lives at the mouth of Peters
Of ~