“The preliminary trial of James Wall, for shooting at Rosa Zoeller with intent to kill, took place at the police court yesterday. Mr. Carscallen appeared for the prisoner, and entered a plea of not guilty. Mr. Crerar, county crown attorney, appeared for the prosecution.
“Rosa Zoeller testified : ‘Live at 109 James street north with my husband. Was out for a drive with my husband until 4 o’clock Monday last. I then went to Mrs. Mason’s on Peter street, and Mrs. Mason and Mr. Davis went for a drive with me. I returned shortly after 8 o’clock and was waiting for my mother-in-law. Wall came out of my house. He came over to me and said, ‘You have been out with Davis.’ I said no, and he pulled a revolver from his pocket and said, ‘You are gone.’ He raised the revolver and pointed at my head . I Stretched out my hand to take the revolver. My hand touched his arm and the revolver went off. He then drew the revolver back and held, but I managed to get it. Before I got the revolver, I saw him shake it. I threw it on the sidewalk and called out for someone to take care of it. Wall took hold of the horse after that, and said I had better clear out or he would have my life. There was a crowd around when he said thes. I said to a policeman present : ‘For God’s sake, take hold of him.’
“Cross-examined by Mr. Carscallen : I had been driving with my husband and had been out from 12:30 o’clock. It was about 8:30 when the shooting occurred. The horse was standing in front of my house. After leaving my husband at home, I drove up to Peter street. Mrs. Mason and Mr. Davis drove with me over to Bayview and then we returned to my house, by way of the Beach. I was sitting in the buggy in front of my own house when I first saw Wall. I was sitting alone in the buggy waiting for my mother-in-law to drive her home. Wall came up and said, ‘you have been driving with Davis.’ I said no, and he immediately raised a revolver and said, ‘you are a goner.’ The prisoner raised the revolver and I touched his arm. The revolver immediately discharged. I touched him with my right hand. I was sitting squarely in the buggy and the lines were over the dashboard. Only one shot was fired. No one was nearby.
“James Dwyer sworn “ ‘I was at my door on James street on Monday night; saw my buggy at Zoeller’s door. I heard a report like that of a firecracker, then Mrs. Zoeller who was in the buggy screamed and the horse started to run away. I went over and caught the horse. A policeman had already seized it. Wall also had hold of the horse, by the bridle. Heard Wall say, ‘You had better leave town.’ Mrs. Zoeller called out for someone to take hold of him.
“Maud Evans sworn : Saw Wall come out of Mrs. Zoeller’s house, go up to the buggy and say something in a low voice. Mrs. Zoeller said no. I then saw Wall point a revolver. Mrs. Zoeller shouted and caught at Wall’s arm. The revolver went off. Mrs. Zoeller caught the revolver but Wall held it and tried to shake it from her. Mrs. Zoeller got the revolver and thew it on the sidewalk saying, ‘For God’s sake, take it.’
“Cross –examined by Mr. Carscallen : there was only one shot fired; I saw the flash under the buggy as it left the revolver. My sister was standing beside me from the time Mrs. Zoeller pushed Wall’s hand away till II saw the flash, about two seconds.
“Constable Walsh sworn : ‘I heard the shot and a scream immediately afterward; saw the horse running away and ran up and caught it; a man came up to the other side of the horse’s head as I caught it; Mrs. Zoeller was in the buggy; the prisoner came up to the buggy and said, ‘You had better leave the city before tomorrow.’ He shook his fist at her, cursing at her the same time. I went around to arrest Wall for making use of profane language. Mrs. Zoeller called out to me to take him. He started to run away, and I followed and caught him. He turned around and struck at me, but I held him off. I asked him who fired the shot and he said it was none of my business. I asked him was it the woman in the buggy, and who she was. He said he did not know who she was nor who fired the shot. I took him into a store and looked for a revolver but he had none. He said his pocket was on fire and that a cigar had burned it. I examined his leg and found a flesh wound evidently caused by a revolver. I asked him what had caused it, and he said, ‘It’s none of your business, find out.’
Cross-examined – When he pulled out his posket, the bottom part was on fire. His leg was also bleeding. The wound on his leg was three or four inches long. There was a hole in his trousers below the bullet mark in his leg, apparently made by the bullet passing out. There was no other hole in his trousers.
“O. C. Evans testified that he found the revolver and gave it to Detective Campbell. He heard the woman shout but did not hear the report of the shot. Detective Campbell mentioned the revolver and said he got it from Evans.
“The prisoner was committed for trial at the next assize, bail not being applied for.”
“The Wall Shooting Affray : Jimmy Wall, the Prisoner, Committed for Trial at the Next Assize”
Hamilton Spectator June 25, 1885.