The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-12-07
DEFENSE
THE' CLAIM
OF CHADWICK
Murder Case
Is On Today

& ne case OF the State Of West Vir-
gi1ia VS.. Robert Chadwick began this
Inorhins. There was some dlticulty
iii setting the witnesses together. At
first it was thought that rules would
have to be issued against several OF
tfie witnesses, but this was done only
III one instance. Joe Friedman, a
very important witness in the case,
Is said to be in Pittsburg. Friedman
Is summoned for both the State and
{ for fhe defense. Several jurymen had
10 step aside because Of their opill-
ions in the case. The jury Is COM
posed Of the following men: Warren
Deyault, William Bailey, David G..
4 Smith. j. s. OFT, Jesse Floyd, William
BIcIntire, Eliza Norris, ]. 3. Michael
Milton Cook, Gordon Curry, s. r.
Gooch and Calvin Moran.
fhe witnesses in the case are: Char
ley Moten, Clarence Lee, Joe Fried:
man. John Smith, Benjamin Jenkins.
John Preston, T. B. Clayton, Leon
Rubin. Monk Jackson, ]. s. Henry,
us. Lomack, Leslie Cunningham, Dr.
q. b. Henry, DR.. w. H. Sands.
The opening statements were very
brief. Prosecuting Attorney Lowe
made the opening address for the State
: ana Attorney William ]. Reed for the
defendant.
Prosecuting Attorney Love said
that the defendant was charged with
the shooting and killing of Thomas
Lyle at the Jackson Street Hotel or
restaurant. The quarrel that resulted
I'm the murder Of Lyle commenced owe:
y the payment Of some money. the
men talked about fighting. Chadwick
stated that he was not able to fight
Lyle. Chadwick left the saloon and
went to a pawn shop where he had a
nistol pawned; he returned and re.
newed the quarrel. Chadwick asked
Lyle whom he alluded to. Chadwick
told Lyle that he was ready to- fight
z Lyle said. mo, viii not foht you
now. you haNe got gun The pros
ecutor stated that the men Went out
y on the street and the Quarrel was re-
q newed. Lyle said that he wonll fight
the defendant fair. Lyle picked up a
brick and Chadwick fired twice at
Lyle. After the shooting, Lyle went
back to the saloon and laid the brick
down. He then walked Up to DR..
Kurst i porch and waited for the am.
bulance of the City Hospital
In the opening statements to the
Jury Attorney William ]. Reed said
b that the taking Of human life Is a
4 terrible thing. But from what he couli
learn from the statements and the ap-
pearance of the defendant. no one re-
grets more than he the unfortunate
ending OF the personal encounter OF
the defendant and Thomas Lyle. The
attorney said that If the evidence turns
oht as represented to the counsel
Chadwick should not be convicted. He
stated that out on the street Lyle was
the aggressor; that he picked up a
brick and in threatening attitude
sraised the brick over Chadwick. So
close was he to Chadwick that the
powder from the shot fired burned his
clothes. Chadwick said that he
thought that Lyle was going to kill
him when he fired. That in firing
Chadwick did not aim at any vital
part Of the body but as he thought at
,S.5yle's leg; he only wanted to dis
able him. The other shot hit the
ground. There was no intent on the
part Of Chadwick to kill his asailant,
hut under the circumstances Chad
wick was justified.
Or. G. o. Henry was the first wit
ness called. He stated that he was
called to the City Hospital and found
Thomas Lyle suffering great pain. He
made a superficial examination OF the
man and found two wounds, one In
the abdomen and one in the hip. He
took them to be wounds from a bull
let. He made an examination and
found that an operation was neces'
Concluded on Page Four.)