The daily sentinel., 1906-10-04
THE MGARVEY
MURDER TRIAL
Continued from First page)

pletely recovered consciousness. but
recognized his mother, in periods OF
semi-consciousness AT 11:40 O'Clock
Thursday night. the patient passed
away. DR.. Bull did not arrive at the
Jail until after Innes had received
attention from the prisoners.
E. p. Shellenberger, the next wit
ness called by the state, stated that
he was called to the Jail Wednesday
about ten minutes of five O'Clock and
found Innes lying on his back, his
head next to the bars. in an uncon-
seious condition and suffering from
convulsions. He assisted in caring
for Innes until the physicians arrived.
Mr. Shellenberger saw the club used
by the murderer, and identified 1t in
the court room. On cross-examina-
tion, the witness stated that he was
told by lady. who heard the cries of
the prisoners, that there was some
thing wrong at the Jail He did not
see the hands of the victim tied. but
testified that it looked as though his
arms had been tied to the bar by a
hemp string.
Charles Van Horn, a boy aged 16
and the only witness to the actual
giving of the blows, was next called
His testimony was most valuable to
the prosecution. He testified that he
was in the corridor of the jail
and Innes and McGarvey were in the
corridor at the time He pointed out
McGarvey as he sat by his council.
Van Horn stated that he was going
upstairs to get cup to get a drink
sometime after four o'clock. While
Garvey say. Eddie. I got the drop
on you" and the boys attention be-
ing aroused by the remark, he has
tened down to see what was trans
piring. and arrived on the scene in
time to see McGarvey strike Innes
over the head two or three times with
heavy stick. According to Van
Horns testimony. McGarvey tried to
tie his victim with his suspenders
but failed to make him let go of his
was sitting down with his legs cross
ed, looking through the bars watch
ing game of cards. His hands We're
on the bars. Van Horn testified that
he did not see the first blow struck,
but saw McGarvey strike Innes twice.
After taking the gun from Innes, Nc
Garvey drew the weapon on all the
prisoners and said, ''If you do any
thing, / Will shoot you full of holes. ="
Then McGarvey. having secured the
gun and keys from his helpless vic
tim. got a coat and jumper from un
der some blankets and a hat and un-
locking the door, went down stairs
and made his escape. Van Horn tes-
titled that when he saw Innes, his
head was hanging Imply upon his
tied with a hemp string to
the other arm When Van Horn saw
the two blows struck, Innes was al
ready unconscious. Van Horn. de-
spite his age, told a very straight
story and proved a good witness for
the prosecution. He showed but lit
tie embarrassment on the stand, and
cross-examination failed to shake
him in the least.
Harry Roberts, who was also con-
fined in the county jail at the time OF
the killing. testified that at the time
he was playing cards with Robert
Kennedy, Christian and Frank Lane.
While Roberts was not an eye wit
ness to the blows, he saw McGarvey
an instant later with revolver in his
hand. and heard him say, ED, 4
have got the drop on you" Roberts.
upon learning that Innes
was hurt, ran from his cell up to the
hydrant and soaked his handker-
chief, and Fastening to the side of the
suffering man. bathed his
face and otherwise assisted him until
help came. Innes was sitting with
his hand clasplng the bar. uncon-
scious and limp, he still sat, appar-
emily in the same position in which
he was when the blows were struck.
The witness testified to hearing some
sounds which might have been the
blows. His efforts to unclasp the
hand of Innes from the bar of the
cage were futile. He heard McGar-
vey say, 81 will fill you full of holes. "
and saw him with revolver in his
hand Roberts stated that when heI
reached his side, Innes was not tied
The witness was not cross examined
Henry McLere, another of the pris-
oners, was called for the state. Ac-
cording to his testimony. he was sit
ting reading when he heard wha'
sounded to him like blows. He ran
TO a place where he could see and saw
Innes crouched. Heard McGarvey
say, 81 have got the drop on you and
the first man that interferes or says
a word. / will shoot" Witness saw
McGarvey 60 out of door 1t was -
or IA minutes before assistance came.
LeClere's testimony was substantial
ly corroborative of the evidence given
by the other inmates of the jail.
w C. Christian. also confined In
tba iail testified He was in his cell