The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-11-17
RELEASED.
THE RUsHvILLE SENSATION.

THE RUSHVILLE
THE EVIDENCE AT THE PRELIMINARY ExAMI-
NATION-CoNFLICTING TRsTIMoNY-AN IN
TEREsTING STORY TOLD By THE
THE ACCUSED RELEASED
At IL o'clock Saturday night, after the
preliminary examination and the arguments
in the Patrick Dever case were finished at
Rushville, the justice released the prisoner.
The evidence given in the preliminary ex-
animation makes an interesting story at
least. 1t is also of such a conflicting nature
that the affair is enveloped in more nys-
terry. The examination began at 10
O'Clock hat morning before Thomas
Poe, justice of the peace, in the
Civil Circuit Court room at Rushville. MIR.
Frank NJ. Smith, a citizen of Rush county,
swore out the affidavit charging the father,
Patrick Dover, with murder in the first de-
gree, on which the warrant was is
sued for the arrest, which took place
Friday morning. During the coro-
ner's inquest, and throughout the ex-
animation the prisoner maintained
that stolid appearance that was exasperating
at least. During the examination he sat
with his head hung down the entire day,
with the exception OF once or twice when be
raised his face to answer questions put to
him by his lawyers, Messrs. Ben l.. Smith
and Geo. b. Sleeth. He has a mean face.
He has q low forehead owe his cold grey
6NGS.d 0u Will lis ldC6 IOukuCnCu Nv ulcSlDd-
ton presents a very forbidding appearance.
He is about fifty years old. The first wit
ness called was Coroner j. III. Spurier. His
evidence was of a strong circumstantial
character
AGAINST III PRISONER,
He testified that the girl was shot back of
and below the right eye to the depth of four
inches, the balls inclining upward from a
quarter to a half an inch. The witness was
asked plainly if he thought that she could
have been shot as is claimed by the
defense, and answered that she could not. He
further testified that Dever did not show
any signs of grief during the inquest, but
remained in a small side-room during the
sitting of the jury. The next witness was
an important one, in the person of John
Dever, aged twenty years, the son of the
prisoner. He said that his father came
home that evening Tuesday, from
Connersville at 6 o'clock. He
was not drunk, although he
NIGH nave been drinking while in Con-
nersville. At the supper table he did not
show any signs of being angry. Mary, the
daughter who was killed, worked in Con-
nersville, and had come home the same
evening. 1t may be here said that it was
not learned I'm the examination whether the
father and daughter came home on the same
train or not. He testified that there had
been no quarrel, but the evening had
been spent pleasantly by all. O'Keefe
and himself went into town (Vienna) after
supper and returned home about 9 o'clock.
When they got home they found DeVer re-
pairing his
IVORY REVOLVER
with a screw driver. He was standing up
by the side of the table on the opposite side
from which Mary was sitting. The mother
was off by the side of the stove, Winnie, the
younger sister, was near mother, and
OyIZoafa t0oE q Soot ohOn% fOur foaf from
Mary, while the witness stood about
two feet behind O'Keefe. No one spoke
as the witness and O'Keefe came in. About
five minutes afterward the accused said to
the witness, "You've spoiled this pistol
coon hunting, and it amt worth a d
any mOre;' and at that threw it down on
the floor violently. 1t exploded as it struck,
and at the same time the light went out in
the lamp. Winnie, O'Keefe and
the prisoner started for the
are you hurt?" She answered that she was
not, and came to the door, where she struck
amatch. AS she did this the father said, SIS
any one hurt?" By the light OF the match,
and just as the mother asked, "Where is
Mary?"the witness saw herlying on her side
on the floor, with blood around her + sad.
He went to her and lifted up her head, Shen
he discovered that she was
dead. They did not hear her
fall or make any noise whatever. The wit
hCco BAChO0 up bhO 1ONOlNClg dAlQs III VCOll-
pany with O'Keefe, carried it out of doors,
where ne threw it to one side. He and
O'Keefe went for the ~neighbors, and when
they came home the father appeared nearly
morning the father went to Rush
Vile to buy a coffin. John
O'Keefa, the young man who was
present at the time and who boarded with
the family, was the next witness. In regard
to the shooting he corroborated the former
wifnQoa QxaQflu Tn thr0xuin0 TIM rouOluar
he said the old man swung 1t over his shout
der, and hat he plainly saw him do it. hi
never heard the father quarrel with Mary.
Winnie Dever, the IA year old daughter OF
the old man. was next called, and told
such a straight story in a convincing way
that it had a visible effect on the large crowd
in attendance On the examination. She
said hat her father took the pistol out of a
drawer alter sur per, and with the remark
that it was st. MARITIME night, went to the
o and fired of one charge. He snapped
several caps afterwards, but il would not go
of, and then came Lack into the room to get
some fresh eap5. He tried to shoot
1t again, but it VIC ala not explode. He then
said. "John has $ poilt it coon hunting, and
I've got TO get it repaired" The mother
then put it in the 1rawer at his request. He
afterward got tho serew-driver and COM
menced fixing it. She
SAW THE PISTOL THROWN
also. Samuel Ochiltree, the operator at
Vienna, was the next witness. He
testified that he was passing the
house in company with Mr..
Jesse Clauson and heard loud talking. He
asserted that he heard the father angrily
telling Mary not TO go down to the telegraph
office as himself and Clanson were men of
bad character and would ruin her. The ex-
act language is too vulgar for publication.
Clanson corroborated the statement of the
above witness. They went on after hearing
these nice remarks about themselves and in
hve minutes afterward heard the report OF a
pistol. They went back to the house and
found the old man walking the floor.