Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-06-24

Number OF witnesses Testified,
II and All to the Eaect That the Of
flcer Was Entirely Jnstfned-The
/ Verdict Of the jury.
4 The coroner's inquest upon the body
/ of Richard Smith, who was killed by
/, Officer James O'Keefe Saturday night,
was held last evening in the Office of J..
w. Schultze. All the testimony taken
i proved conclusively that the shooting
Twas justifiable; that OKeefe acted in
/ self-defense and would have been killed
himself if he had not shot Smith.
The examination OF witnesses was con-
Quoted by Prosecuting Attorney Mes
bitt and John A. Howard When all the
evidence was taken the jury retired, and
in less than an hour returned with the
following verdict:
I'VE, the jury, find that Richard A..
Smith came to his death on Saturday,
June 22nd, 1901, at about .. M, caus-
ed by gunshot wounds inflicted by three
80 calibre balls fred from a revolver
in the hands of James O'Keefe.
THE jury further fms, from the evil
/ dence, that the shooting was justifiable
4
| was in the discharge of his dnry."
The jury was composed OF H. G..
Richards, foreman; Chas. A. Helm
bright, Thos. D. Bennett, Alex Bebout,
Otto Walden, John Scarborough.
/ The post-mortem examination OF
Smith continued from $50 until FIVE
O'Clock yesterday afternoon at Bert
scheys undertaking establishment The
fO1l onH nh
ent S. l.. S. Snragg, j. Schwinn, +. B.
Megrail, E. c. Armbrecht. Reed Bairc,
Eugene 'Hildreth, E. B. Plant and Dr.
| Cracraft.
The hearing was set for seven o'clock,
but Miss Eva Wayman one of the
| principal witnesses, did not arrive, and
| was very reluctant to testify in the
case. A warrant for contempt was is
sued, and she was brought down in the
custody of the sheriff. but the warrant
was afterward nollicd.
Officer OKeefe was the first witness
called, and told the story as published
yesterday.
! Clyde Caldwell heard shots and ran
out in back yard, PARKWAY upstairs;
saw body and described its position.
August Yahrling, proprietor of fish
store, No. 1904 Market street, saw En-
ma 'Swaugor looking for a policeman:
sent Gene Colts for an officer. " nen
O'Keefe went by he (Yahrling) told
him to go in prepared. Later heard two
shots and ran through to the rear of
his store, about thirty-five feet in
length. Looking through the window in
rear, saw O'Keefe and Smith clinched.
From his position could only see
O'Keefe's revolver in the holster, and
could see O'Keefe's trigger finger NOV
ing.
Mrs Louis Swaugor lives in the rear
of No. 1000 Market street. She saw
Smith at four O'Clock, her door being
near Miss Wayman's. She overheard
much of the conversation which was
carried on in loud tone. When Off
Ger Miller took Smith away at 80 p.
M, she heard him say that he would
stay away. Heard Miss Wayman order
Smith away, then saw her run into Mrs.
Winters room, which is over the meat
shop. Smith came out and asked as to
where Miss Wayman had gone. She
replied that she had gone out Smith
! then sat down by her kitchen door a
| few seconds, then going to Miss Way
mans room net Officer OKeefe. who
asked him if his name was Smith. He
replied no" O'Keefe then asked her IL
that was Smith, and she nodded her
head in reply, telling him to look out
for. the two revolvers. Saw the men
clinch, and was positive that Smith shot
| first. When Smith fell, she told Miss
| Wayman, who burst out crying.
Emma Swaugor, daughter of Mrs.
Swaugor, had known Smith for two
years. When she saw him going into
Miss IWayman's room she ran out for
policeman.
Flo Rine lives opposite Swaugor's
side entrance on the corner OF Tenth
street and Alley C. She came across i'm
mediately after hearing shots fired. De-
scribed position of body and the bullet
holes; also testified as to O'Keefe stand
Ing on steps after the shooting.
Miss Eva Wayman delayed the begin
ming OF the inquest until after eight
o'clock. She had known Smith for one
and one-half years. iie had not been at
her house since Saturday, the 18th inst.
She was in constant fear of violence.
thought Smith insane at times; sen.
for officer at $50 D. m. Before that
she had asked Smith to 20 away as
he seemed dangerous.
Detective O'Leary and Officer Weir
testified as to immaterial facts. At this
point Coroner Schultz offered revolver
IN evidence. 1t had been found un-
DER Smiths body. when he was re-
moved by the undertaken The caam-
bers were empty. The gun had opened
In falling to the porch, and the cart
ridges were gathered up by other off,
GERS.
Or. Armbrecht testified as to the post
mortem examination. One bullet enter
ed the abdomen 1t was FOUND by prob
ing. Two other bullets entered on The
left side between the third and fourth
ribs and were located in the back
Both punctured the near,, and either
would have caused instant death.
THE MODERN wa
H.