The Register-Leader, November 1, 1922
Gun Turned Into Crowd By Doctor
As the result of an alleged Hallowe'en prank Tuesday evening, Jack Riley [Jack B. O'Riley; Jack O'Reilly], 18, of 325 Mathews street, is in Marietta hospital suffering from a bullet wound in the right leg and Dr. Winfield S. Ross, of 312 Fifth street, is at liberty under bond of $1,000 charged with shooting with intent to kill. The physician is alleged to have fired the bullet which struck Riley and at his arraignment before Mayor G. B. H. Sanford, Wednesday morning, he entered a plea of not guilty and was released under bond for hearing Saturday morning at nine o'clock.
The bullet which struck Riley was fired from a 32 callibre Colt automatic revolver. It penetrated the fleshy part of the right thigh midway between the knee and hip joint and penetrated within a quarter of an inch of the opposite side of the youth's leg. Riley was removed to Marietta hospital shortly after the shooting and the bullet was removed Wednesday morning by Dr. C. A. S. Williams. The wound is not considered a dangerous one and Riley's early recovery is expected.
Contradictory Reports
Contradictory stories as to happenings which led up to the shooting were secured by police officers who investigated the case but it appears that Riley and about twenty or twenty-five other young companions were in the party when the shooting occurred. These boys, it was stated, were in the vicinity of the Mills home on Fifth street, directly across the street from the Ross residence, when someone hurled a portion of a brick on to the front porch of the Ross home. At the same time, it was reported, someone shouted a name at the physician and he appeared on the porch of his home with the revolver in his hand.
The young men fled up Fifth street, it was stated to police, and Dr. Ross gave chase, firing the gun as he ran. At Fifth and Scammel streets the boys turned down Scammel with the doctor in close pursuit. When just opposite the high school building, Riley is said to have exclaimed that he was shot and he began limping. His companions, however, continued to flee, thinking that the boy was only joking and Riley was soon left behind. Dr. Ross apparently gave up the chase at this juncture and returned to his home.
Police Find Wounded Boy
Meantime police had been notified of the occurrence and Patrolmen Mills and Goodman were detailed on the case. On Scammel street they found the Riley boy in considerable pain and suffering from a slight loss of blood. He was taken to police headquarters and then rushed to Marietta hospital, where medical aid was rendered.
After placing the wounded lad in the hospital the patrolmen went to the Ross home on Fifth street and arrested the physician charged with the shooting. He was lodged in the city jail for the night and was released Wednesday under bond. When the officers arrived at the home, Dr. Ross is alleged to have been sitting just inside the front door with an old model single shot rifle of large calibre in his hands. He also had in his possession the Colt 32 automatic and a number of cartridges for both weapons. He showed no resistance to the officers but admitted them without a word.
Had Gun in Possession
The rifle which Dr. Ross had in his possession bore the trademark of the E. G. Lamson Company of Windsor, Vermont, and apparently was a gun of high power. The cartridges for the weapon were of 48 calibre with wooden tips. It was loaded when brought to headquarters.
During the affair which resulted in the wounding of the Riley boy, Dr. Ross is alleged to have fired six shots, police reported. One of these bullets penetrated the home of Susman Ruby, at 325 Fifth street, tearing a hole nearly a half inch in width through the wall of the dwelling, ripped open a curtain behind which one of the sons of Mr. Ruby kept his clothing, shattered plastering on the wall of the closet and dropped into a coat pocket. The bullet was later secured by the police.
Room Was Unoccupied
A son of Mr. Ruby is said to have missed being struck by the stray bullet by only a few moments. The room which it penetrated is used by him as a study room and only a few moments before he had been seated at a typewriter at the desk over which the bullet sped. He had just gone into the library of the home when the shooting occurred. Police stated that had the youth been seated at the typewriter the course of the bullet indicated that he would have been struck squarely in the head.
Investigation of the case by police revealed only the names of three other members of the party in addition to Riley, who are alleged to have been fired upon by Dr. Ross. They are Edward Cleary, of Muskingum Drive; Donald Haynes of Fifth street, and Clayton Porter. It was reported that about twenty or twenty-five boys made up the party.
The Riley boy, victim of the shooting, is a stepson of Cyril Tooley, who is employed at a clothing store on Greene street. He is a student at St. Marys Parochial School and came to this city about six years ago from Bushnell, Illinois. It was stated that the boy has a sister at Bushnell who is seriously ill with tuberculosis and his mother is in that city at the present time. He had been out of school for several days and had been caring for younger children at his home.
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Aged Man Who Shot Boy Sent to Jail for Twenty Days
Marietta Daily Times, January 8, 1923
Court Says Grand Jury Action Kind
A fine of $100 and costs and a jail sentence of 6 months and 20 days, the twenty days of which must be served, was administered to Dr. Winfield S. Ross in the court of common pleas on Monday afternoon. Judge Thomas took occasion to remind Dr. Ross that the grand jury "had at least been kind to him" in that it did not bring a more serious charge against him.
Dr. Ross was in court on an indictment charging him with "intentionally and willfully pointing and discharging fire arms without malice," to which he had formally entered a plea of guilty. Or rather, the plea had been entered by his attorney, W. E. Sykes, who waived reading of the indictment on behalf of his client.
A great crowd filled the court room when the aged man was arraigned, and the unusual spectacle of a defendant making an extended address to the court and to the crowd, was witnessed. The court was interrupted by the defendant in the midst of passing sentence, and the latter asked permission to say a word. The permission was granted, then Dr. Ross launched upon a lengthy recital of his experiences in Marietta during the 23 years that he has been a resident of the city.
In great detail he told of indignities to which he says he has been subjected, declaring that boys and men congregate in front of his home at all hours of the day and night and yell "rainwater" at him. He admitted that he used a gun on the night of Halloween, but declared that he had no intention of killing or even injuring anyone. He said he shot merely to frighten the boys and men who molested him.
The trouble that brought Dr. Ross to his present plight occurred on Halloween when he shot and severely wounded Jack O'Reilly of Matthew Street, an 18-year-old boy, who since has spent many weeks in the hospital.
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Dr. Ross Goes to Jail Friday
Marietta Daily Times, January 10, 1923
Dr. Winfield S. Ross, Marietta physician who must serve a jail sentence of 20 days, upon his plea of guilty to an indictment of pointing firearms, is to report to the sheriff on Friday morning at 9 o'clock to enter the county jail and begin payment of the penalty for his act. He was sentenced late Monday afternoon, and at his own request was granted a stay of sentence until Friday that he might care for business matters that demanded his attention.
The exact sentence imposed by Judge Thomas upon Dr. Ross was a fine of $100 and the costs of the prosecution and a jail sentence of six months and 20 days. The six months' jail sentence was suspended during such time as Dr. Ross desists from any act of violence or from violation of law in the community.
Arrangements are being made by Sheriff Yarnall, it is understood, to commit Dr. Ross to the female section of the prison, where he will have more comfortable quarters than he would find in the general prison, which is well filled with prisoners, the majority of whom are moonshiners and bootleggers.
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