The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-04-15
THE BLACK.McKAIC HOMICIDE

THE BLACK.McKAIC HOMICIDE
The Trial at Frederick..Third Day.
Cor. Cumberland News.
FREDERICK, April 10, 1871.
Court opened at 0 o'clock; trial rosum,
ed ut O9O.
EVIDENCE FOR TIN sTATR-coNTINUED
7. Cook Hughey called and sDorn.-Ex
amined by Attorney General Jones.-Re
side in Cumberland; have lived there Q
little over five years; was there in the
month Of October last; am an attorncy.at.
law; was acquainted with the prisoner in
October last; was passing from my dwell
ing to my office, and as passed the drug
store Of @. G. ShriVer s. Co., Mr.. Black
was standing in the door; did not Iecog.
nlze him as | passed but turned and saw
that il was him; then went back and
spoke to him, thanking him for tho kind
ness he had shown my mother In Balti
more the previous week, in procuring O
hack and escorting her to the depot in
that city; reside on Bedford street, about
four squares from Baltimore street; my
office is on Washington street; Il was
about half.past seven when I passed; l was
hurrying to my Office; court was in session;
as we separated, Black stepped into the re-
cess of the drug store door; when | saw
him he had both hands in his oyercOat
pockets; In shaking hands with rue he eX.
tended his left hand, keeping his right in
his pocket. Q.-Did that fact make an
impression on yonr mind at the time:
Alt did, sir; Mr.. Black was a very
clever and polite gentleman, and thought
it unusual Tor him to offer his left hand.
OBJECTED to) Odd you see anything
in Mr.. Blacks hand or pocket? Al
did not, sir. The pocket was bulged out
as If filled with something.
CroS',Esamincd By If. Seys4r-Q.-
Are yOu not near.sighted, Mr.. Hugllcy
A-No, sir; my eyes are weak; my sight
is perfectly good; wear glasses because
OF weak eyes; merely spoke to Mr..
Wickard rs | passed his store, saying
that's Black, isn't II ?" I Thought his
manner strange because he extended his
left hand and kept tho right in his pock'
ct, and because Ofhis abrupt termination
Of Our conversation.
STATES EVIDENCE CLOsEp.
Al the conclusion of Mr.. Hughey's evl.
dence Attorney General Jones announced
to tho court that the State would hero
close It's testimony for tho present, reserv-
Ing the right TO Oler rebutting testimony
Mr. Seyster addressed the Jury giving a
history Of the parties from the beginning
Of the late war until the time of the
tragedy; lie also gave a full account Of the
fatal rcncontre; and claimed that the
prisoner acted in pure selEdefence In
shooting McKaig, which, he asserted,
would be proved by witnesses for the
prisoner. During his recital Of the rela.
lion sustained between the deceased and
Miss Black, he informed the jury that the
child born to her In June last was now In
this city, and would be produced In court
at some time during the trial. Mr. seys.
ter spoke exactly one hour and nineteen
minutes.i
EVIDENCE FOR DEFENSE.
Examination conducted by Mr. Seyster,
Laurence lKilSon.-Am q farmer; live In
Allegany county, seven miles from Gum.
berland; knew McKaig and know the
prisoner; saw them together at Ferguson
& Cruzen's saloon, on Wednesday even.
lug Of the Fair in Cumberland, 1870;
think 1t was the 9th. Q-What was said
and done by them on that occasionP lob.
jected to by Mr.. Whitney, Question
argued by Messrs. JonesWhitney, Seyster,
Nelson and Noorhees-Occupying nearly
two hours time. Objection overruled by
the Court, who decided that the question
was admissible in the theoryof self defense;
and that this circumstance was one Of a
connecting link In the attempt to establish
that theory After consultation among the
counsel for defence Mr.. Voorhees, announ.
ced that they had concluded to withdraw
the question Mt the present time, and
would also waive the testimony, so far as
given, OF the witness. The question
would be put at another time to establish
certain connecting links.
Cross Examined By Mr. Whitney as 10 the
date and hour Of the meeting in the sa-
loon.
An&-It was about sundown.
Charles n. Madore.- Reside in Cnmber.
land; knew W. W. AIcKaig by sight
know the prisoner at the bar-personally
acquainted; was In Cumberland on the
morning Of the shooting, and saw it f; was
in my shop; had my back turned when
heard the first shot fired; went to the
window and saw McKaig in the street
with a revolver in his hand he staggered
to the curb Of the pavement opposite,
when Black fired tide second shot; the
pistol fell from his hand after the first
shot, about ten feet from the curb; DR..
Smith, Mr. MOorehead and carried the
body into the office; when we got him
there l unbuckled a belt he had around
him, and he had revolver in holster in
the belt,
Cross Erdmined.-Only knew McKaig
to speak to him when passing; knew
Black well; went to school with him; It
was between hali.paSt seven and eight
o'clock; I had not gone to work yet; gen.
orally go to work about that hour; the
window was not raised; the size Of the
glass in the window ls, l think, 12xlG; a
young boy Charley Clark) was In the
shop waiting to have his measure taken;
| was behind the counter strengthening
up things, as l generally do Monday
morning; after the second shot l ran
around the counter to the door; McKaig
seemed to be coming toward my door,
and l thought he was coming in; I fiSl
saw McKeag coming across the street in q
kind of a trot, with his face toward me;
he was only off the pavement step OF
two when l saw him; was in a
stopped position, his head hang,
ing; his revolver In his right hand, which
was straight down by his side; four shots
were fred In all; saw three; the second
shot was fired when no was coming
across the street; Black was close behind
him |; about ten or fifteen feet; the pistol
was dropped about ten or fifteen feet from
the snOt where tho holy RFtprRRFfls lav