The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-31
The Cumberland Murder Trial.

INV NlANa0N
What the Defence Expect 10 Prove.
CUMBERLAND, January 2s-Thc court
met promptly at o AM, Judges Alvey,
hlolter and Pearrc on the bench. 1t Is
thought by the counsel for the State that
they win he able to close their evidence
in chief to-day. At01O the prisoner. his
father aud counsel came into court, and
tue Jury being called, the case was pro-
cecled with on the part Of the State.
THE TESTIMONY. u,
DE-. 3. A. Dougherty recalled for State.
The State here notified opposite counsel
that they were about to prove by this wit.
ness and others, the dying declaration oi
the deceased, other than that contained
10 the signed written declaration, reduced
10 writing by Justice j. n. Beall. This
was objected TO by the defence and ar
gued before the Court by Attorney Gen
eral Syester, for the State, and Messrs.
Marshall and Schley, for the defence.
The Court divided on the subject Of the
admissibility, Judges Alvey and Motter
thinking II admissible, and Judge Pearre
dissenting. The .evidencelwas in conse-
quence admitted, 81
Dr. Dougherty-The deceased appear.
ed very weak; was afraid he would die
before the magistrate got there; I asked
him II he knew he could not get welh he
said, ~ know l am dying" twice; l said
you must tell how this thing occurred;
he said, "John Resley did it," he ap.
preached and said, "You s. OF a b.,
did you write that article about my faith.
err" and fired Immediately; then said,
wont you give me a chance? he said,
mo, you s. of q b., l will kill you"
and fired again; the first shot was through
my neck, the second struck me In the
side; he then said, Remember, it occur.
rod on the lower landing" at the time
told Clary to stop he was not speaking,
but had finished the narrative; / said 10
him, say no more about it, think Of where
you are going, and try to forgive him; he
had ceased speaking, but repeated some
things aiterwRrd; l did not tell him TO
stop any more.
Here Mr. Marshall, on part OF defence,
objected to the testimony going before the
Jury, which ground OF influence brought
TO bear on the mind of deceased, prevent.
ing him from making his statement as full
as he otherwise would have made it, and
cited authorities to sustain his position.
The Court overruled the objection, di.
Vlding on the question as before, but ad.
monishiug tho Jury that the question was
for them to decide, and II in their iudg.
ment any part Of the declaration had been
prevented, they could not regard the state.
ment made by the witness. Judge Pearre
delivered dissenting opinion. Judge
Alvey delivered the opinion OF the Court.
The defense reserved an exception to
the ruling Of the Court. ..'.
Cross examination Of DR.. B. A. Dough.
erty-lt was nearly half an hour after
entered the room before / asked Clary TO
make this statement; Clary said the first
remark made by Resley was, "you damn
s-ot b., did you write or publish
that article about my father? p no sad
this was the beginning Of what occurred
between them; he said he made that re-
mark and shot him Immediately in the
neck; after he was shot; Clary said, won't
you give me achancer ResIey said, "No,
ous- Of a b-,I will kill you u and
fired again; ] gave substantially the same
statement before the coroner's Jury; Clary
said no words passed between them be.
fore he shot him in the neck; he then
told me itOccurred on the lower landing;
he repeated, the language used by Resley;
thought this was language not to be re!
peated by q dying man unnecessarily, and
therefore told him to stop il, because he
was repeating Resley's remark, "!.Yons=-
Of b-,1 will kill you'll he atterward
said remember It occurred on the lower
landing; he said he had walked up the
steps after he was Rhot; he said he drew
his pistol after Resley shot him in tho
neck; l let Mr.. Beall into the room after l
finished talking with Glary;I think I told
Clary that Beall had come TO take his ties,
tlmony; | did notremain two minutes al.
ter Beall came In Glary generally spoke
III reply to questions, but sometimes
without Clary used the word "remember"
in speaking ofwhere It occurred; the per-
SonaI relations between Mr.. Resley and
myself have not been friendly since 1869;
since he was turned of the canal by Mr..
dofdon; before that We were on friendly
terms.
James N. Beall sworn for State-l saw
CIsry the day he was shot; took his
declarations; went 10 Darnell's photo
graph roomi found HClary living on the
floor on hlsback; knelt down beside him
on one knee; took hold Of his right hand.
asked him who did II; he said John Res
Icy; he said, Eyes, Beall, am dying, I
know am dying, but IihaYe moro nerve
than all Of themm this is1the original
paper on which ! took his statement, &c
here read the following statement:
sTATEMENT TAKEN BY MAGISTRATE.
John Resley shot me; did 1t without
giving me any chance; shot me on tho same
landing as my office; asked me did you
write that article this morning about my
tatherS ! said I did, he had his pistol
oat; asked him II he was going to give
me q show? he said, mo, you s. Of q
D., am going TO kill you" and fred;
know ! am dying; am perfectly con-
sc'oqs;"-Taken on a7th Of October, 1878
at GsS0PM 49, 800
Had his pistol out when he fret spoke
TO me; ] did not get my pistol out Until
. aver saot did not fire my pistol at all
9uick."-Taken at S:l5 r. n,
James Cayan sworn for State-Am An
gmploye oil the Times Office; was in mid
uIe OF composing room when | heard
shots; went to the door; Clsry had III
3 back toward me, then turned; saw blood
on the side OF his neck; McCardle and
hoover went with him 10 Darnell's door.
WnSSl a., Gown stairs, three or four steps;
st t0s . told me to 60 for Dr.. Dough!
mS, W. Gown 70 foot Of second steps;
nSo s SSS say standing at foot Of the steps;
SSs;sI S u oM y Baltimore street; immel
So S ave Mter McOardle and Witt came
lOHQs thW A man nm :,