The daily gazette., 1879-12-10
FIRST EDITION.
DUGAN'S DILEMMA.
The Trial Nearing the End
Evidence Closed and argument
Opened.

THE SECOND DAY OF THE DUGAN TRI-
AL ToNIsmING PROGRESS MADE
WITH THE EXAMINATION OF WIT
NEssEs-THE EVIDENCE ALL IN AND
ARGUMENT COMMENCED.
Specially reported for the Gazette.
NEw CASTLE, Dec. 9.-IIugh Dugan,
OH trial for his life in the Court of Oyer
and TeIminer here, was brought into the
court room this morning almost before
Crier Smith concluded the ancient for
mula Of '.God save the State and our
honorable Court" in opening the days
work in the halls OF justice. The trial
was at once resumed.
During the day the case progressed
rapidly, a..d to the surprise of every one
the evidence was all in an hour before
the evening adjournment. The tesii-
| mony in reference to the killing was
confined to two witnesses, and the pros
| ecutiOn called but few w,tnes es Oh O.her
matters, and examined them br e1y.
The defehse was shorter than had been
expected and not so strong, SO far as tes-
timony is concerned. There was much
character testimony introduced.
| Edward McGaughcy vas the first wit
ness called. He tc,liii that he lived In
the Ninth ware of Wilmington, and re-
membered tue killing of Rowe. Sub
stantially his evidence as TO this effect:
| First saw Rowe that day, between 1 and
5 o'clock, at Dugan's house; my broth
er, John Cavern, (sOmetines called
Gates McGaughey, and really half
brother of the witness
went with me; found the door locked
and the front shutters closed, ,and remark
ed that the place was shut up; went to
the window OIL Thirteelth street, which
was half raised, and at which Dugan
was sitting, and asked him what was the
matter that he had shut up, and he said:
"rbe old woman and had fuss, AID
made her close the C. d place
up" stayed at the window four or five
minutes, and looking III saw the Negro
in the bar room; remarked 10 Dugan
that he might as well let me in as the
negroes, for had as good right as
they; told Dugan that wanted in, and
he answered that the place should not
be opened that day; then said was 60
ing to try and get in; heard Mrs. Du-
gan's voice say "why, of course, let him
M" went to the Heald street door aud
failed TO open IL, and then went over TO
the pump, and, while there, some one
opened the Thirteenth street door and
said, "here, Ed. come In this way;"ceuld
not say who opened 1t, but saw Rowe at
the door and thought il was his voice;
at once went up the steps and Rowe
stood in the lutte entry, with ore hand
on the knob of the door; Dugan still sa.
at the window; Rowe said "ballo Ed, ]
have been waiting here pretty near an
hour for you, come here | want you;"
started to follow him into the sitting
room, and was crossing the sill of the
door when this man, Dugan, sprang up
and ran toward, as If 10 hurt me, saying
"you son OF b--h, ou have been trying tt
raise a row with me, and I'll settle il
with YOU now," to keep him from com
ing To me, put out my hand and hit al
J him he passed me and went into the bal
room; Rowe went across to the centre
of the room and ! went to him and W.
stood face to face with Rowe's hands OF
my shoulders and his back TO the sitting
room door; we had a talk about som,
work he wanted me to do along the Bran
dywine race, putting up fence alont
the swimming place we spoke about th'
money council had appropriated for th'
work, and other things, and after bit
saw Dugan come back to the door,an
standing there lean his shoulder agalns
the lam of the door; did not pay mucl
attention and took my eyes OIL OF hin
and heard nothing more until heard th'
crack of the pistol and Rowe fell back
. shot in the side of the head; l did no
see Dugan for bit and went to Rowe
, and said she has killed you Dick;' Du
. gan came in and said, ''Dlck, I've killed
YOU :" Rowe was not dead yet started
. to 70 out and my brother caught me b.
the arm and said, "come out or he'll XII
. YOU too" l then went out and to IN.
home. ,,
Cross-examined - Question, When
, do you liveP
Objected to by Mr.. Bates, who said Tia
defense had no right TO inquire into tn
, habils and life of the witness.
Mr.. Bird stated that he intended t.
show that McGaughey was utterly un
worthy of belief; he would take him
his own word, saying that he had intend
ed to 90 to Dugan's to raise row tha
Dupan had turned him out of the hous
that morning with some prostitute com
panions.
MIR. Bates held that the witness coul,
not be questioned with regard to hi
!, habits. -, :,
| TIE court decided that Mr.. Bird
question was proper and that he coul
$ 20 to any extent that tended to effect ID
! credulity Of the witness, but not hi
character.
Cross-examination resumed. 81 sta
a most of the time on Jessup's roat
but don't live there 60 to see Woma
= named Mrs. Lohner; l have vile an
&c three children over Eleventh stree
! bridge; have contributed to their SUI
J. port during the last six months but don
=; know how much; more than 70, an
=. =. part of what earn; have lived wit
: NV wife for three months after the shoe
ing; did not see the pistol when 1t wa
fired while Dugan was in jail Mr.
Dusan gave me the pistol and asked n
r. to get it fixed; got it fixed perhaps
" month before the shooting; my vile r.
,e turned it to Mrs. Dugan, the day befol
r the shooting. a,
ts O.-Was it not because you put u
pistol to your wife's head and threatene
TO shoot her that she returned IL T?
A.-NO.
as -O.-Did you not put it to her hea al
he saw if she opened her ID mouth you
be blow her brains outp
y, A.-No, did not use those woraS
1t was in fun, and had it so IL wouio LII