Daily Republican., 1879-12-10
Saturday morning as noticed Dugan
closing it as passed by.
Cross-examined-I am a cousin TO
Mrs. Dugan.

JOHN CLOUD
sworn-Am q police officer; my beat is
in the Ninth Ward; have known
Mary McGahey four or five years;
have been in the habit of seeing her
nearly every day in that time; to the
best Of my knowledge have never seen
her under the influence of liquor.
Cross -examined-I saw Mrs. Nc
Gahey at her own house as passed by.
CHARLES H. FOSTER, (CoL.,)
sworn: remember the day Mr.. Rowe
was shot; | was in the house on the af- '
ternoon of the shooting; | got in by
means of Mr.. Rowe; in the room were
James Levin, Mr.. Rowe and myself;
heard McGahey try to get in; also
heard him say "if they did not let him
in he would kick or break the d-n
door in; did not see him; Mr.. Rowe
said it was McGahsy; Mr.. Rowe opened
the door and let him in; when the door
was opened Mr.. Rove told James Levin,
Martin Coleman and myself to go out.
heard the
DISCHARGE OF A PISTOL.
Just as was going out saw McGahey
come out of the house ana go around
the corner into his own house.
Cross ss-examined:-I could not say we
went Immediately out when Mr.. Rowe
told US to go; the door was unlocked,
but | know not who unlocked it; We
went about fifty or seventy five yards
to where my son was cutting sods.
MARTIN COLEMAN
Recalled never knew John Levin as
he goes by the name of Slash he was
not in the house; when McGahey came
in the room no one was with him.
Cross-examined-l was standing in
side the counter in the bar-roOm and
had full view of the sitting room.
Re-examined by Mr.. Bird-Just at
the time McGahey struck at Dugan he
said you s-n of b-h.
DAVID WELLS
Sworn: reside at 727 East Seventh
street; remember the afternoon Rowe
was shot; was under some trees near
Dugan's house; saw McGahey there;
he was standing by the window; saw
raise his hand up and say something;
he went to the door and swors he would
"kick it in"
Bridget McKeever testified to Mrs. Nc
Gahey being hard working woman,
and that she never saw her drinking
any.
James Early testified to selling Du-
gan shortly after he was in the Hall /;
he had one small mark on his forehead,
blue lump.
DR.. Ogle testified thata prisoner be-
ing confined in prison seven or eight
months naturally in that time becomes
rather weak.
julius Krauspe testified to cleaning
and oiling the pistol.
John Davis testified to hearing a con-
versation with McGahey in the presence
of Mr.. Clare when McGahey said 81 did
not strike Dugan and had DO quarrel
with him." McGahey afterwards said
"that he did have quarrel with Du-
gam"
William II. Quinn, James l.. Haw-
kins, Morris Carberry, John G. Davis,
William Williamson, and John Davis
testified to knowing McGahey and his
reputation for truth and veracity was
bad. They would not believe him on
his oath.
Mr.. Bird wanted next 10 prove Nc
Gahey's reputation for being quar-
relsome man. He cited several author
tiles but it was not admissible.
At 5.35 counsel for the defence closed
its evidence.
Counsel for the State called Thomas
Rowe, Patrick MCGUIRE, Lewis Widde-
man and Sylvester Reaver to the stand.
They testified to knowing McGahey and
that his reputation for truth and vera
city was good; they would believe him
on his oath.
When Patrick McGaire was about to
testify Mr.. Bird objected stating that
witness was incapable of being heard
as he was intoxicated. The witness
stated he was not intoxicated, but his
eyesight was bad. This announcement
caused several to look at one another
and cast smile towards Patrick.
COUNSEL TALK FIR THE STATE.
At 4.5O Deputy State Attorney Coop
er opened his argument for the State,
and stated that the law applied to
this case was well defined and settled.
The law he said, presumes malice afore-
thought from the act of the killing and
that the burden rests upon the prisoner
to show to the contrary. Here is con-
test which has not been presented to
this court before; a case where one man
shoots at another and kills third par
ty. the intent with which the shot was
fired fixes the grade and crime. If the
prisoner at the bar shot at Edward Nc
Gahey with malice aforethought and
shot Richard Rowe he is guilty Of muir
der in the first degree; the statues thus
differ very materially from the sta
tutes ofother States. He tnen cited
long list of authorities.
At $50 Mr.. Cooper commenced his
address to the Jury saying they were
now approaching the end Of long and
interesting trial. The pris- I
oner at the bar is charged with 3 crime
for which if found guilty he must suffer
death. The charge is very serious
cne and he felt the responsibility
which rests upon the Jury, and on be-
half of the State he intended to fully
present the case to them. You have a
duty to perform, not as the learned {
counsel told you to ''save the life of
the prisoner" but it is your duty to
see that the laws of your State are up
held and vindicated. II you feel in
,lined to pity the prisoner at the bar
think of Richard Rowe and his bereav- =