The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-04-11
The SCENE
VISITED BY
THE JURY.
Jury, Judge, Lawyers and Prisoners
Make the Trip to the Hervey
Homestead and
VIEW The SURROUNDINGS.
Opening Statements by Msssrs. Mey-
er, Arnett and Howard-Henry
Hervoy Testi1es.

The feature Of the trial OF Mooney
and Friday for the murder of Jamea
Hervry. yesterday. was the visit of the
jury, accompanied by the prisoners,
Judge Hugus and lawyers to the Her
vey homestead beyond Elm Grove, at
the rs" bridge. The party took spec
ial car on the Wheeling & Elm Grove
at $3.50 o'clock. and went through with
out change OF ears. About an hour was
spent at the scene Of the crime. the jury
visiting both the residence and the car
rage house and went over the route
taken by the murderers both in APP
preaching the house from opposite d.
rections. their walk over TO the carriage
house, where thay secured one of the
bludgeons, ana to the from: gate where
paIing was wrenched loose as bludg
con for tn. other The bullet hole in
the ceiling of the sitting room, the
broken door and other evidences of the
violence done by the murderers were in
spected by the jury AT o'clock the
party returned, and court then adjourn
ed until 9:15 o'clock this morning when
the taking of testimony will be resumed.
Opening Statements.
At the morning session of court, the
opening statements to the jury were
made by Mr.. Meyer for the state, ard
Colonel Arnett for the defense. MIR.
Howard replied to statements made BIZ
Colonel Arnett.
Mr.. Meyer made an exhaustive state
ment, completely covering the ground
He told of the tracks through the snow
and their correspondence with the shoes
of Mooney and Friday, the finding of
the handkarchlefs used as masks. the
fact that the revolver used by Che MUIR
derers fired ball OF the same callbre
as that which killed Mr.. Hervey, the
fact that the revolver had recently beeH
fred three times and was still warm
whtn taken from Mooney after his cap
turc on Caldwells run, and said the
state would bring in evidence to show
how the plot to rob the Herveys was
Matched in this city. He demanded the
full penalty be inflicted upon Mooney
and Friday for the crime.
Colonel Arnett, for the defense, sala
his clients did not try to rob James
Hervey nor did they murder him. he
would prove an abb in their favor;
they were In Wheeling at the time the
murder was committed. He cautioned
the jury against believing witnesses
who would testify to u conspiracy with
out carefully lnquiring into their repu-
tation. The defendants were in Riley'5
saloon at $3.50 the night OF the murder.
He said Mooney resisted arrest because
he though. there was another charse
against him.
Mr.. John A. Howard for the state,
took up the claim of Colonel Arnrti
that Mooney was at Rley's saloon uh-
I'll $3.50 p. m. and that when Mooney
and Friday were arrested they were &C.
ing out Caldwell's run to Fette's bowl
ing alleys, and said the fact was that
the roads part at Fette's, one going oil
out the run, and the other over the hills
to Elm Grove and it was in the latter
road beyond Fette's, that the pair were
arrested. Thus it would be seen that
they were not going from town 10
Fette's, as Colonel Arnett would have
the jury believe.
Detailing the circumstances attending
the commission of the crime, Mr. How.
ard said it was first degree murder and
nothing else
AT the conclusion of the opening
statements. the first witness. Henry
Hervey. brother Of the murdered man.
was called. After giving particulars OF
the age OF the victim. members of the
family, etc, the witness proceeded TO
give an account OF the murder, substan-
tally the same as that published in the
newspapers the morning following. ON
cross.axaminatlon the witness said he
could not positively identify Mooney as
the murderer.