Daily Republican., 1879-12-09


Kehnard.
Sullivan Scho6. sd, James Trus,y, Pc
ter Gooseberry, William Prisby, Sarah
u. Frazer, William Bachus, John Clarh
and James johnson were ordered to be
released from Jail IN December 2ith,
Alfred McCracken, James Croker ana
John Brodsn, whose terms expire Oh
december 25th, will be released in tins
to psrtake OF Christmas dinner.
At half past one Court took a recess
until three o. clock.
AFTERNOON SESSION.
Court re, assembled at 3 O'Clock.
On motion of Mr.. Gray, Lewis G.
vandegrift, son of Leonard G. Vauds'
grift, OF St. Georges Hundred, was ad,
mitted to the bar he having passed a
creditable examination before the Com
mittee, Mr.. Vandegritt WAS student
under George Gray, Esq.
Walter Cummins, Esq, gave notice
that he would within four days submit
motion for new trial IN the Harris
ejectmelt case.
The special jurors were discharged
from further attendance at this term OF
Court.
The case Of the State VS. Hugh. Dugan
Ter tue murder of Councilman Rowewas
Resumed.
Mr.. Bates in opening the case for the
State, stated to the Court that the IN
dictment against Hugh Dugan contain
ed two counts. The first charged the
prisoner with murder in the first degree
of Richard II. Rowe.
Secoud-With intent to kill Edward
hcGahey, and in this attempt killing
Richard Rowe. MIR. Bates stated that 1t
was net necessary for him to Say any
thing to the jury respecting the grave
charge Of the duty, which is cast upon
the Jury at this time. The crime Tor
which the prisoner is charged is muir
der, the highest grade Of felonious
homicide aud ne deemed 1t proper to,
present the facts generally, and state
very briefly and in the hearing and
under the direction Of their Honors, the
court, as to what constitutes a felon'
ious homicide. Mr.. Bates said there
we're three grades Of murder. First,
the term justifable homicide, Second,
excusable homicide, and third felon
ious homicide with whichyou will have
more specially to deal in this case.
The prisoner might have shot at
another man and killed Richard Rowe,
yet he was as guilty as if he had shot
at Rowe himself.
At A O'Clock Mr.. Bates concluded his
evidence and stated that he wcuid pro-
coed TO call witnesses
The first witness called by the State
was Myers C. COnwell. Mr.. c. had
drawn plot Of the premises where the
nurder occurred. The plot was pro-
duced and the situation Of the same
vas described to the jury by Mr.. c.
The witness stated that the plot was a
correct one as it was drawn from actual
measurement by the witness. The
plot was offered in evidence.
MARTIN COLEMAN 8 TESTIMONY.
This witness is the one who refused
to furnish bail and though several par
ties offered to 60 his security he pre-
ferred remaining in prison until the tri
al. After taking the oath Martin was
told 10 tell what he knew about the
case. lie appeared to be bewildered
and placing his hand to his forehead,
as though LIE was endeavoring to bring
to his mind the recollection Of the past,
it was several minutes before he was
able to say anything, when Mr.. Bates
asked him "if he remembered the day
Richard Rowe was killedH This re-
mark seemed to refresh Martins memo
ry and he replied that sit was on the
last day of May of thi. year, on d Sat.
urday. After this question was put
the Counsel for the State experienced
no difficulty in answering the questions
propounded to him. Martin proceed
ing in his testimony said IL first saw
Richard Rowe in the afternoon,
about two o'clock, or little after;
when saw him he was in
Mr.. Dugans place; there were
present Mr.. and Mrs. Dugan, Richard
Rowe and myself; ! had been working
for Mr.. Rowe; he left word at my board
ing house that he wanted to see ms; 4
went to hunt him and found him at !
DugaI's; he called NE in there was no
one there at the time but Mr.. and Mrs.
Dugan and Mr.. Rowe; Mrs. Dugan was
getting dinner and invited Mr.. Rowe to Z
take dinner with them: they seemed
sociahle enough in regard to table talk;
Du2an rad hardly anything to say !;
W. stopped there about half an hour
when We left together; we came along
lleald street towards Eleventh; | aud
Rowe stopped in front OF a shade trr" .
about two squares from Dugan's ho1s ;
Rove spoke to me about work, while !
tne,e, two uulOred men came Up and | tr-
maiaed after that about one h0ni, tn"re
IN had q contract with MIR. Rowe
and they wanted iOmc money; Rove
paid the man one dollar about five A
o clock Rove invited them to Dugan's;
We went in the side door on Thirteenth
street We went along behind the
counter Dugan was sitting in the sit
ting room ; Mrs. Dugan waited on Us ;
She came in after We did W. went
through the trap down into the bar
room we all had two drinks when !
McGahey came to the Thirteenth street
side door and wanted to get in ; he
knocked at the door Mr.. Dugan, in a
kind of way said "that
they did not want him in - | heard
talking ~ the window | re-
menbered nothing that was said; ; Nc I
Gahey and Dugan Sad sofue words ;
Dugan got up and se-rued 10 be Ii tie
angry aud came into the bar room Int
said noth.Dg MeGah'y came lack TO {
IA tha silp Annr md saln II lhaN Old nj