Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-04-20

briefly reviewed the facts in the case
and made an eloquent add ress TO
the jury.
Mr.. Pitzer was followed by Attor-
ney s. w. Walker in a short opening
address to the jury Mr.. Walker
spoke of the facts in the case from
the point of view taken by the de-
Tense. He spoke of the defendant as
having been q peaceful man whose
nast life was an open book 70 all his
nelghbors and friends. He referred
to the cause leading up to the shoot.
ing and in an eloquent manner plead
ed with the jury for his acqnittal on
the ground that he was justified in
doing the shooting and also on the
grounds that he did it in self defense.
After the conclusion of Mr.. Walker S
address the examination of witnesses
was begun. There were "a witnesses
summoned for the State and l6 for the
defense.
Dr. VIM T. Henshaw was the first
witness examined He stated that he
was called on to examine Joseph s.
Hess Dec. 9 and that he found four
bullet wounds in his body. First
wound on the right side. He probed
Tor it, but could not find it, The
second was on the middle third of
| the eighth rib, the ball taking down
ard course under skin, easily probed
and removed on right side of abdo-
men. The third, wound at inner
and middle third of the left fifth rib !,
the ball taking course forward just
under the skin was extracted two
| inches from the left nipple. The
fourth, a wound at the fifth cervical
vertebrae and to the left Of the spinous
process. This ball rebounded and was
taken from the collar of the shirt
The next morning DR.. Baker went
with me and we extracted those balls,
dressed the other wounds and gave
him hypodermic injection of NOR
phine. The first wound was the fatal
wound. He then told of his death
and post mortem examination.
DIR. N. D. Baker was the second
witness on the stand. He gave about
/ the same testimony as DIR. Henshaw
George Hess, the fourteen-year old
son of the murdered man, was the third
witness to testify. He said he and
his father had gone to his grand faith
er's home to get heifer and they
/ left there about 2 O'Clock in the af-
| ternoon for home. Going down the
! mountain, he said. we met a buggy
in the road with two people standing
beside it. My father walked up and
said How'd do gentlemen" or good
evening gentlemn' and Harry Lord
shot and my father ran. Edgar Lord
then came around from behind the
| buggy and said "give him H. Har-
ry" Edgar also had revolver in
his right hand. Harry Lord shot
three or four times. The Lords kept
on running after my father about 200
yards, but did not catch him. My
father ran to an old saw mill about a
quarter of mile from home. He was
then grooming and very weak.
AT this juncture recess was taken
from one until two O'Clock.
Tuesday Afternoon.
The trial was resumed Tuesday af-
ternoon at 2 O'Clock, when George
Hess was cross examined. The cross
examination did not bring out any
thing new.
! Goldie Hess. testified that while
going towards his fathers house on
the morning of December 8 he saw
| the two Lords in the woods west of
Edgar Lords's home and that after
he had passed them he heard three
shots fired from revolver or cat rifle.
Charles Minghini stated that he and
George Hess had visited the scene of
the tragedy on the Monday morning
after the shooting occurred and that
he found five unloaded revolver shells.
luItt SutltS WtIt VI Out uidht anu
two of another.
Hamilton Ranev, the next witness
ON the stand, said he had a converse
ton with Harry Lord on the street the
Saturday previous to the shooting.
They walked into Stewards saloon.
where Lord asked him if Joe Hess had
ever said anything to him about his
wife and he replied to the contrary.
Lord said that Hess was down to his
home with his wife when he was sick
and said further that if he ever came
back he intended to. kill him.
Chas. Mason was the next witness.
He said he had seen Harry and Edgar
Lord in the turn on the road on the
day of the shooting. Their horse was
standing in the road.
Benjamin Nicodemus testified along
the same line.
Afapzo Stewart fold Of baxv Hoes