The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-11-23

Joe arguing. Nick came over to Joe
and ordered him OUT. and then grabbed
him By the collar tearing 1t and his
shirt. Others helped put Joe out. and
rs he was showed out OF the door he
grabbed fence palinc. and pulled 1t
or. He wanted to go in and get NICK
fTe went in and they talked across the
table. calling him names.
Gus walked over toward drawer
in the counter and Camr back holding
the gun in his hand. -, STOOD there.
and Nick said something over his shout
der in foreign language and Gus fired
Joe fell. and ! went out for fear there
might be further shooting. Gus came
out of the door and started walking
toward Wheeling. I started after him
and. when he started up the hill toward
the mine. l hollercd at him. II" came
down without looking back and went
down tho river road. In the meantime
an automobile came along and jumped
on the running board. telling the driver
TO go for Wheeling as there had been 4
murder I stopped at the water works
, and called the police and told them OF
, the shooting. When l came out, the
patrol was there. and thew had Gus
when questioned he declared Joe had
not thrown any balls at any one in the
room during the fight"
Mr.. O'Brien cross-questioned Mr.
Schilling. delvinE ut once in the tcsti-
mony given by tho witness at the in
Guest and at the preliminary hearings
He asked about Se throwing Of pool
balls. which Mr.. Schilling said he did
not soc whercupon Mr OBrien read
from the record Of tho preliminary hear
ing the following question and answer:
Did Joe have anything in his hand"
He picked up I few pool balls"
What did he do with them why
he throwed them"
Mr.. Ol;ricn's next question was
Have ycu told all YOU know about
this case" Was 4 chair used by Vi
SOCK SChll!n& replied. ~ chair was
swung BY the murdered man after his
shirt had been torn" he declared that
Nick and Joe. :ir. O'Eri"n then re
ferred TO III" former testimony. show
ing where Joe has swung the chair IN
tn" air when he found he could not get
i fight with Frank.
Schilliug then Stated he was wrong ia
the first testimony given.
He was then questioned about tho
liking with NisoCEi after he had been
elected from the pool room. Tho wit
ness declared the dead man sad Il am
going in there to get Nick "a come out.
can lick him the best day he lives
MIR. O'Rricn then again referred to
the throwing Of the pool balls and con-
tradicted several statements made be-
fore by Mr.. SChillinS TO which the wit
ness replied when YOU ask questions
like that. You get Il man all bawlcd up.
and don't remember what l diu SAY"
''Whero did Gus get the gum" Mr.
O'Bricn thea asked. 10 which Schilling
replied. In the drawer or the truck,
don't know which"
II was at this point the defense I'm
ishcd questioning him. and Mr. BoyCc
asked for Ar. bRricn'S notes of the
preliminary hearing, and the jury was
excluded from the room during the
argument.
state Rests.
The state then rested. Judge Alan II.
Robinson requested the defense begin
calling witnesses. hut Mr.. OEricn OBJ
jcctcd. declaring It was too late. Court
was then adjourned until this morning.
County Physicians Testify.
Or. II. Il. Copeland. county physician
was the first witness called after the
return Of II" jurors from the scene o.
the alleged murder. He testified rs 10
the autopsy performed by him AZ tn"
OlZsta Undertaking par!orS on tho South
Side" He described the cause Of death
stating it was due TO hemmorhage OF
the brain caused by - calibre bullet.
DR.. c. W. Cltcrt. county physician,
was next called and SuhS;autiatrI Dr.
Coprlands report OF the autopsy. He
read his record of the autopsy. and dcs-
crGbcd the dead man. Joe N!soCk!.
vi.
lors at Forty-third street. followed Or.
Olfert to the stand. and told Of securing
NisockiS body following which Detective
William. Chip" CrumbacNcr was placed
on the stand.
Mr.. Crumbackcr told OF receiving tho
call Mt police headquarters telling of the
shooting at RiChland. and Of being or
dcrcd to go TO IN" scene in the city po-
lice Patrol. lie declared Roy ESchcn-
baugh was the driver. while nc was ac-
cotnpanird by Officers Johnson and
Rinc. riCkcd up on Market street.
I'VE were going north along the river
road, a short distance past the water
works when VIC saw n movement in The
weeds and later saw that II was 4 man.
said Mr.. Crumba cker. AS We turned to-
ward the right we saw the man plainly
In tho glare Of the headlights ] jumped
off the running board and covered him
with my gun. asking him Did you shoot
that man At Richland:' and h" answered
Yes I asked him whore the gun was
and ne replied II WAS in his pocret.
started 70 search him. calling the other
officers TO cover him and when he saw
them in uniform. nc reached for his hip
pocket whore found tho gun. ordered
him TO draw his arm away and Got tho
gun out Of his pocket"
The gun was presented h. Mr.. Mckee.
and identified by Mr.. CrumbacRer. d"s-
Crib!nE n rlt on the side OF It, IT was
offered for evidence ~ well as q cham
Dor of cartridges He then told Of going to
the scene of the murder and OF taking
Joe VlSocki to tho North wheeling Hos
pital and Of making n second trip to
tho pool room with Chief OF Portce Fra
z!er He testified as 10 finding a broken
chair. the broken pool cue, and the fence
pailing with which it is said the dead