The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1878-02-28


. tradictsd Dennis MoGhee in one or tive
things. He denied having taken any
part in the ight.)
VIM Copenhaver sworn Was there
and saw the trouble, but took no part in
it, Nothing new.
VIM McGonigle sworn Was with the
parties when they were arrested. Edgar
proposed that if the parties would 90 back
he would half sole Dugan's boots, and sci
up the whisky Conrad proposed that
if they were fined, he would pay the
fines. Was at the place and saw the
general row, but took no part in it, As
sisted to get Billy Carr to the house after
he was wounded.
Ellen McGhee. This witness is a sister
Of Dennis McGhee. She is l6 years oI
age. The only material point in her tes-
timony was, that she was in the middle
room when the fight commenced, and
that no one went out through that room
when the fight commenced, thus contra
dieting Edgar, who testified that he got
out that way. She said that a lamp was
used in the bar-room that night, and she
lighted it after the fight. A lamp was
used, and not a candle. This contradicts
her brother Dennis, who testified that he
used a candle, and had no candlestick,
and put some melted tallow on the coun-
ter and set the candle on it, and it was
knocked off when the fight commenced.
She said she did not know Of any candles
being in the bar-room.
Hannah McGhee. Am sister Of Dennis
McGhee. Was in the barroom soon af-
ter Edgar and the boys came there. This
was about twelve o'clock. They were
drinking in there. They used a glass
lamp in there. Itwas burning all the time
in there that night When the fight
began they all went out the front door
Neither Edgar nor any one else went out
the back way. There was a candle in the
sitting room, but it was not taken into
the bar room, as I saw. There were can
dies about the house. (This witness tes-
tilted that it was a lamp which was burn
ing in the bar-room when the fight com
menced, and the chimney of the lamp
was knocked off and the light was put
out. and after the fight she saw a candle
in the barroom. Her sister testified that
she had lit lamp in there.)
Ed. Kerns, and several other witnesses
were examined, and several were recalled,
but nothing new or material was elected
After the arguments, and the charge Of
the court, the jury retired, and in about
half an hour returned a verdict Of not
guilty against Michael McGhee, and a
verdict against Dennis McGhee OF guilty
Of cutting with intent to wound.
State Of Ohio VS.. Dennis Dugan. This
was an indictment for cutting David Ed
gar with intent to kill. 1t was the same
transaction as the case against Dennis
McGhee, and the same evidence was Civ
en- and we will not repeat 1t here.
The charge Of the Court was the same
in both cases, and was very able and
clear. The Court charged that it is not
necessary in making an arrest, to read
the warrant, nor is it necessary to lay
hands on the accused but it is necessary
to give notice that the party making the
arrest is an officer. If the parties in this
case consented to return with the officers,
it did not make any difference whether
they refused to be taken to the calaboose
or not; if they consented to 60 with the
officers to their boarding house, and be
guarded there, and the officers consented
to the arrangement, it was an arrest to
all intents and purposes.
In engaging in a conspiracy, express
words are not necessary. If one propose
to 60 and rob house, and others 60
along, although only the one spoke-if
others 60 and all participate, it is con
elusive that there was tacit agreement.
When the conspiracy shall have been
established, then, in carrying out the
common design of the conspiracy, the
acts Of one are the acts Of all and if the
conspiracy be established, then il makes
no difference whether the defendant now
on trial actually struck the blow or not
if any one Of the conspirators, in pursu-
ance of the common design, struck the
blow, then it is the act of the defendant.
If no conspiracy be proven, but if the
defendant actually did the cutting him
self, then he is guilty.
The jury retired, and in about two
hours returned a verdict Of guilty, as
charged in the indictment.
State of Ohio VS. Dennis Dugan. In
dictment for cutting Harvey Wells with
intent to wound.
The FIRST witness called was Tom.
Duffey On the 10th Of January, 1878.
witness saw Dennis Dugan, Ed. Kerns
and another man talking near the shaft
at Wells furnace, and shortly afterwards
saw them at the Office of Wells, in Wells
ton, and other parties came in. Barney
McGhee asked Wells something about
their pay. Wells asked McGhee if he
had not paid him. McGhee said he had
got his pay. Dugan then began to talk
about his pay. Wells said he had paid
his (Dugan's) partner. Was not MeGhee
his partner2 Dugan said he did not do
business in that way Wells began to
get mad, and ! went out Heard loud
talking in the house, and looked in at
the window, and saw Dugan with a hatch.
ct in his hand, and Potter with a shovel.
Potter is the store keeper for Wells
Saw Allen, the Marshal, coming Then
l went away. Then saw Allen and Dugon
over towards the hotel. | then came
around to the front Of the store, and saw
o Barney McGhee, Kerns and Bill o Rourke
in front of the store, and Wells was just