The daily gazette., 1879-12-11
FIRST EDITION.
OUR COUNTY COURTS.
Dugan's Ti'a' tnde d.
The Algt ments and the
Charge.
TIE CASE CLOSED LAST NIGHT.
TIE CASE CLOSED LAST NIGHT.
THE THIRD DAY OF THE DUGAN TRIAL
-THE JURY GETS THE CASE AT
$50 O'CLOCK LAST EvENING-THE
JUDGES CHARGE TO THE JURY.
Specially reported for the Gazette.

Specially reported for the Gazette.
| NEW CASTLE, Dec. l0.-1he Dugan
trial, so far as court room proceedings
are concerned, closed tonight at $50
o'clock, and nothing now remains but
the rendering of the verdict, which may
consign the prisoner to jail for life or
may sentence him to death upon the
scaticld.
MIR. BIRDS SPEECH.
Concluding his address to the Court
| 11,34, Mr.. Bird turned TO the jury and
commenced to address them in favor Of
the prisorer. His address lasted until
noon and was then suspended; at the
Resembling he coninn d until 40 o.
clock. The argument was one OF the
ablest of the kind ever made at the New
Castle bar.
Mr.. Bird, in opening, said that the
jury alone had the facts from which to
Judge In this case the State has Lot
seen fit to abandon the first count of the
| indictment charsing the prisoner with
Richard II. Rowe's murder, and yet the
two men were the best Of fiiends. H.
the killing, the matter Of malice was
wholly lacking. Mr.. Bird spoke at
great length upon this point.
He then said that the defense had two
theories first that the shooting was ac-
| cilental and without intent; second that
| it was done In self-defunse. The first
theory he fortified with the facts of the
pistol being cleaned and the way in
| which Martin Coleman said it was held,
together with other forcible arguments.
lie then took up self-drfense. Dugan
was Just out of jail and physically weak.
McGaughey came TO whip him. lie
wanted drink-he wanted drink o'
blood. Mr.. Bird then spoke upon the
right of possession and at l.3o his re-
ina ks were suspended and court took a
recess to 3 o'clock.
When court rea,s' mbled Mr.. Bird re-
sumed his argument. He said he had
fully explained the theories Of self de-
fense and accidental shooting, but the
Jury might not be sa istied with that,
and he would have to look for some
other ground and that ground would
be manslaug hther. Reviewing the
facts, he said the man could not be IN
anything else than hot-blood, and he did
not have sufficient cooling time.
At 3.4l Mr.. Bird proceeded to 60 for
McGaughey and for the next forty-hVe
minutes he gave him an overhaullng,
the like of which has not been heard III
the courtroom for many years. Ills
brother, John Gavin, was not much bet
ter.
Mr.. Bird concluded at APT and Mr.
Bates al once commenced.
MR.. BATES ARGUMENT.
There was no provocation in tins case
to reduce the crime from murder te
manslaugh.er, Mr.. Bates argued. and inc
Court would define what constituted
legal provocation. He had listened tt
the testimony an1 the argument, ant
could not realize that he was pursuing
wrong course in prosecuting the case
The defense had brought in two or three
things that did not bear upon the case
and one of these things was the friend
ship alleged to have existed between
Ducan and Rowe. The jury would sim
ply have to look at the crime as 1t woult
have been had McGaughey been kll'ed
for he was the intended victim.
Mr.. Bates now turned his attention u
Edward McGaughey, who had been 81
much villified by the defense. we az
all familiar, said he, with the old max
i'm, that "when the case gets very bat
the Attorney goes for the prosecuting
Witness" and that is what the counse
for the defense has done most complete
ly.
The case was getting very bad, and HI
had to 20 for some one. Mr.. Bates wen
ON at some length to support McGau-
shey's testimony, and coming back u
the counsel's attack said that it nigh
have been better for McGaughey had III
been kilied-then be would have escaped
all this abuse, and the counsel woult
have turned upon Rowe had he beer
here. But the story is not, do you be-
Iieye the man on his oath but do yol
believe the tale he tellsp During TIN
rest of his address Mr.. Bates frequentl!
; alluded to McGaughey, and by humor
satire and ridicule, evidently succeeded
in great measure, in eradicating from
the minds of the jury the bad impress
J ion that MIR. Bird had left concerning th
!, witness. The speaker continued at grea
] lenoth to review the testimony, an
spoke with much force in favor Of con
, yiction until 7 o'clock, when court tool
, a recess for an hour.
: THE CHARGE OF THE COURT.
, At the end of the recess, court reas
3 sembled and the court, Chief Justic
e Comegys charged the jury. The coul
: explained in commencing that the indicl
p ment, under which the prisoner at Tn
< bar was being tried, was found at tn
o present term of the court OF Genera
Sessions of the Peace, and consisted Q
what the lawyers call two counts Tn
first charaing the prisoner with XII
ing Richard II. Rowe, with express ma
ice atorethought, and the second wit
: the killing Of Rowe by the prlsone
: while endeavoring to kill Edward NJ
e Gaughey with express design. Both
|. these charge murder in the first degree
II The court now read the description
l. murder as contained in the statute, an
; said that from this it could readily .
seen that these two cases as cited IN u
Indictment were murder of the first a.
gree,--one when the murder is execute
ee le with express malice toward the victim
The other when the malice toward anotl