The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-04-17

Mooney Smiled
III you recommended the penItan.
tlary for these men. John Mooney viii
coon get out" said Mr.. Howard, at
which Mooney smiled little. and The
crowd was ready to litter but the
courts gayel came down In remon-
STRANGE.
Then Mr. Howard, picking from the
table in front Of him, held up to the
jury in succession, and with brief ex-
plantations, the shoes, red, blue and
white handkerchief taken from the
prisoners. He also displayed Moneys
black SLOUGH hat and the two revolvers,
The fact that Heryey was killed by u
3s-ealibre revolver. which correspond
ed to Moneys gun, was insianced; also
that the cartridges found in the prison
er's pockets at the jail and the two
found at the gate Of the Harvey resi-
dence, us well as those In Moneys re-
yolyer. were Of the Peters" make.
Fridays revolver had similar cart
ridges. The pistols owned by the Her
veys were Of S2-chlibre, SO the cart
ridges found at their place after TIE
murder did not belong to the inmates.
Twenty cartridges had been submitted
In evidence, said Mr.. Howard, ana h.
accounted for the three kinds, ~. NJ
C." IS. 81 W. and Peters" because
they were bought from a promIseuous
assortment in Uncle Ben's" junk shop.
The 5ge4&-r maintained that IN Ia
struggle in the Eervey hall, some care
ridg.s ro!.Jl out Vi tha pockets Of
Moo..ey,
II MAS testified 10 that y large man,
wearing LACK fel. hat ana a red
handkerchief. Hilled James Heryeyi
also, that man WEARING peculiar
shoe, such as shown in tha case, was
one OF the two men. Tae tracks SO
made were fitted by shoes tIken from
Mooney ard Friday. Mr.. Howard, in
his concise analysis OF tbs evidences Of
the defendants gdHt, demonstrated
that tbs broken pI!!ng, found in ;he
Hervey home. and said to have bsca
used In tha assaults. ana which had
notch Whitfield on it. was hacked By
dun knife, such as was taken from the
prisoners, and which Mr.. Howard ot-
fered for the jury's inspection.
Another fact was established by the
state. continued Mr.. Howard. james
Hervey was killed. by one OF the three
shots from SS-calIbre revolver. Two
hours later John Mooney was arrested
having a sS-callbra revolver. out OK
which three shots had been fired.
To say all the links In the chain wera
condolences was absurd argued Mr..
Howard. Mooney ana Friday were seen
in Elm Grove the Afternoon Of the muir
der a large and a small man. c. S.
Terrin. John Anderson. Joseph Harden,
and John Mitchell saw them. Al 7:l5
p. M, Witness Park saw the large man
there. At p. M. Charles a. RobrechJ,
who was summoned as juror, but said
he would make a better witness, saw
two men OF similar description golng to
the Hervey residence.
Also Direct Evidence.
In claiming there was also direct eyi-
dencc, Mr.. Howard invited Mooney 10
stand up with the red handkerchief
across his face. In behalf OF his clien5,
after moments conference with Moo.
ney. Colonel Arnett agreed. but Mr..
Howard did not repeat his offer. TIL?
point sought was that Henry Hervey
could recognize Moneys form, not
withstanding the covered face. Mooney
was described by the witness as big
man, which was about all any one could
say, leaving out thu face.
AIR. Howard regarded as fllmsy the
explanation of their presence on the
road at Tatte's, given By Mooney ana
Friday, 1t was highly improbable thas
Stewart, n Cleveland travelling man,
would fig on such an out-of-the-way
place for an engagement. The prison.
ers hadn't explained why they wera
found beyond Fetta's bowling alleyg.
They had not telegraphed or sent Tor
Stewart to corroborate their story. Tbs
story was falsahood, pure and simple,
Honest, innocent men could have easily
explained why they were on the road,
leading from Elm Grove. The story o.
Mooney differed with Fraay!s US to
why they were out the road beyond
Fette's. after he saw the poor explain.
alton given by Friday who pracadel
him on the stand, coatended Mr.. How
ard.
The one safe place for John Moo
ney In all the world he knew was Ut
the home OF his brother, Bob Mooney
on Chapline street. near Twenty-ninth.
SO Mooney and Friday were hurrying
along to this house, for Fattes il you
Will remember Is ut the head OF
Twenty-ninth street You may cru-
else the chief of police and the sheriff
sometimes, but their vigilance IN
guarding all The avenues OF escape re-
suited In the arrest OF the murdarrs
before they got into the city, Mooney
and Friday had only n shor, distance
more TO go and they would have go5
to Rob Mooncy'sand then an allbl could
have been shown, or II they could hnya
got to Reilly's saloon, the slma result
would have followed, Fortunately.
the police were too soon for them, and
headed them or"
Taking up the attempt to show an
alfbl, Mr.. Howard said that Mrs. Robert
Mooney said she didn't see Mooney that
night after c o'clock. Neither did any