The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-25
Dr.. M. F. Bailey Arrested And Fined
This Afternoon for Carrying a Revolver
Sensational
Affair Heard
Before Mayor

Df Mrlard F. Bailey was arrested
this afternoon in his office by Chiet
shumaker on warrant sworn out by
sI & Fleming, charging the defend
ant with carrying revolver. e. A
vincent. attorney for the defendant
made a motion to quash the inforna-
lion and warrant Motion overruled.
u. s. Fleming was the fist witness
examined. The witness SAID that he
saw the defendant with revolver to-
day The witness said that he heard
that the defendant was carrying gun.
The witness was going home 10 dinner
and near the Marietta Hotel he cross
ed the street to talk to Nose Higgin-
gotham about some matters: that they
were to look after Walter Fleming
told the witness that Bailey was car
irving a pistol to shoot the witness.
Fleming saw Bailey come down from
his ONCE and walk towards the cor
ner OF the Peoples 2ank of Fairront.
The witness told Mr. Walter Fleming
and Mr.. Higginbotham tnat he WIS go
ing to see If Bailey had revolver.
ne went over the where BAILEY was
and asked him II lie had d reVolver
waiting for him. The witness trust
BaiIey's coat aside ana saw revolver.
Bailey turned and ran and the Wit
mess ran after him. The witness said
that he was sure that Bailey hat a
revolver He was carrying 1t in his
oyercoat pocket He said Tat while
Bailey was running he tried to get the
pistol out of his pccEct
Walter Fleming was the next wit
ness. He stated that he saw the de-
fendant between ten and eleven clock
today at the Marietta Hotel in the
telephone room. I'e said 'hut every
time that he passed. the defendant
he would run his hand down md shal;e
the revolver. He saw him mex: wnen
he came down from his Office. lie
saw the defendant have gull then
and was trying to get it out of his
right hand oyercoat pocket. lie was
with Nose Higginbot:am at that time.
Bailey ran back towa.ds his Office.
The witness said that he corld see
the gun down to the trigger. He lid
not see all the gun. but saw enough
of II to see that 1t WAS gut. The at
torney for the defeniont brought out
the idea that It was speculaI.. The
witness was sure that It was a gun
that he saw.
Moses HlggInbotham was the next
witness. He said that ne saw the lie.
fendant with gun - dag. He said
that he did not see i. S. Fleming as
sault the defendant today.
City rested It's case.
Millard F. Bailey. The defendant.
then took the stand he said that he
was here today on his regular week
ly trip. He said that he knew T. S.
Fleming. He said that he thought
that he and Jack we've on Gnod tel ms.
He was going to dinrer to-luy wacn
near the Peoples Bank lie saw l.. s.
Fleming start over the street from
the Marietta Hotel. He said that Flem-
ing was followed hy Walter Fleming
and Nose Higginbotham. He sa'l
that Fleming grabbed ut him. The
defendant jumped back He said that
Fleming threw something at him
which the defendant took TO be a
blackjack. Bailey sai,! that he car
ried nothing but speculum He de-
MED carrying revolver He said that
IL he had had a gun IN his pocket to.
day there would have been different
tale to tell There we're several times
when It looked as II there would be
some trouble but nothius came out OF
it. The witnesses for the city said that
Mr.. Fleming did not throw anything.
He said that he gathered up the spec
ulum as he was gong to move anil he
just jammed It in his pocket He said
that he was carrying the Instrument
in his hip pocket. sIia Overcoat was
not disturbed, he said.
Miss Mary Barker vas stenogrark.
er in the case.
Mayor Arnett fired Pr. Bailey tVen.
ty.five dollars and costs Tie defend.
ant gave bond in the sum Of SIS and
appealed the case.
swore out Warrant.