The daily gazette., 1879-12-09
FIRST EDITION.
Rowe's Tragic Death.
Hugh Dtgan on Trial.
u
Martin Coleman Tells his StO. Y
PistOle6 into TT. nity.
PistOled into TT. ,nity.

IHE KowE-DUGAN MURDER TRIAL UN-
DIR WAY AND THE KILLING OF
COUNCILMAN ROWE, AS COLEMAN RE-
LATEs 1.-THE BLOW BEFORE The
sHoo1ING- HOW HE Held THE PIs-
toll.
Special CORE sponderce Ct the Gazette.
NEW CASTLE, Dec. &. As duly an
nOunccd In to-day's GAZETTE, the jury
had been empanelled in the Dugan case
and the indictment I, ad VIXEN court ad-
journed at l o'clock. Th- empanelling
Of the jury occupied an hour, and before
the necessary number was secured fifty
jurymcn bad Oecn ca led. The following
| were challenged by Mr.. Bird, lbe de-
fendant's counsel:
John z. Vandegrift Frank j. Penning-
ton, William Clark, Thomas Toy, Jacob
| Wright, Taylor Graves, John Atkinson,
Henry Frazer, John Cozzip, William
r. Dayati, Elwood ii. Mousely, 1beo-
dore +. Armstrong, Llwood w. Hus-
| bands, William X. Bow mau, Goldsmith
| e. Naylor, ID. BainarG Ferris, Henry
Kendall, Joseph W. Brooks, Edward d.
Rice, James Riding.
The following ha expressed AN opin-
ion as to the prisoners guilt;
Marcellns Price, Jr., James Kennedy Z,
William &. Hawthorne, Enos Ranbo,
Robert Cottingham, james X. Smalley,
Edward Graves, John Diehl, James
Wright, Louis Miller, Mccoy Yearsley,
John W. DsviJ son, Samuel q. Thomas,
Edgar K. Caun, John McDormitt.
The following had conscien ious scru-
pies Michael Mulligan, James 7. Web
ter, John w. Mackey.
| The Jury was as follows: George L..
Cloud, Robert p. Dennison, Samuel
uirst, William r. Derrickson, William
ID. Miller, Sr., Charles Newlin, Richard
Maloney, James Harkness, William
Dudley, franklin Eastburn, Anthony
Reybold.
| FAIRLY UNDER WAY.
| Court reassembled at o'clock, and
| Hugh Dugan was brought into the court
room and his trial commenced in earnest.
Levi G.. Bsird, ESQ, is counsel for the
prisoner and the state is represented by
Attorney General Cooper and
George ii. Bates, Esq, the latter acting
Ia place of Mr.. Gray, who had been eX
cused on account of having b. Ell retain
ID by Dngan before his appointment to
office.
| THE STATE OPENS.
Mr. Bates made the opening address.
Briefly he spoke to the court, stating that
the indictment had two counts the first
charging Hugh Dugan with .be murder
OF Richard ii. Rowe according TO the
usual form, and the second with the
\ murder of X chard II. Rowe, while at
tempting to kill Edw ard McGahghey.
The attorney then addressed the jury,
saving il was not necessary for him to
say anything 10 the jury respecting the
grave character of the duty which de
yolyed upon them as citizens of the Sta c
in trying the case before them. And yet,
he thought, where men are charged with
a grave aud solemn duty as were those
irving this case, il was not amiss fol
them all, and certainly not for the jury
TO bring to mind clearly and distinctly
the true sense of that duty. The jury
had been empanelled to try the prisoner
at the bar, charged With one of the high
est crimes known TO the Law at all
events, a crime involving the most st.
we're punishment known tothe law. The
inv, he felt sure, would approach the
duty with a full sense OF what II de-
manded and would do no more less thar
Justice to the prisoner aud to he State,
MIR. Bates reverted to the law govern
ing murder cases, saying that in this case
the grade most to he cOnside:ed was
murder in the first degree-the highest
Grade of felonious homicide. He, how
ever, felt that it was his duty to briefly
state the different kinds OF homicides
but 10 doing so would be careful to give
the law as laid down by practice at this
court. Homicides were divided INC
,hree grad. .s-just fable, excnsable ant
felonious. The latter was the one viii
which the jury would have chiefly Il
deal in rendering verdict in the case or
trial. He would describe the Others thai
the jury might distinguish. Justitiablt
homlcides were such as committed with
out an intention or desire TO XIII, al
when person is killed under warrant o.
the law excusable homicldes were those
committed by maladvertance or In self
defense; felonious homlcides are Those
committed without warrant OF lhe la"
and not ia self defense. The lowes
Grade is manslaughter and the highes
murder the ingredient of malice sep
arates the two. Mr.. Bates went on a
great length to speak Of malice and salt
that at tile time the deed was done, i
the person who did it had the intention
of murder aud killed some one rot in
tended o be hunt, the matter of malice
would remain the same. After review
ING the case at some length Mr.. Bate
concluded and proc eded to call the wit
nesses.
rur SrENE on THE MURDER.
Myers G. Conwell, City Surveyor o
wi mington, was first called, and he ties
iitied that he made plot Of the premise
at the southeast corner of Thirteenth AM
Head streets when the shooting tool
place. (The plot was shown, and tn
witness took it and described the preml
: ses TO the Jury, at some length.) TIN
, house fIonted on Head street, and, OF
the o. ound plan the main building con
, sisted of The bar loom and sitting room
' | with kitchen i'm the rear. The a
r room fronted on Heald street, and com
!. municated with the sitting room by
. door that opened b-hind the bar. Thl
door opened into hallway, aud door
I also lead out on Thirteenth street iron
here and into the sitting room. Th
I space from the front of the building T.
. the back of the sitting room was thirty
: one feet.
3 Mr.. Conwell was cross-questione'
..,I ln In