Daily Republican., 1879-12-11
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OUR COUNTY COUxT.

states Attorney closes his A rgu.
ment-Lcvi q. BIRD, Esq, II Argu.
Ing for the Defence.
specially Reported for the Republican.
Nsw CASTLE, Dec. 10th, 1879.
Court opened this morning at 10
o'clock, Chiet Justice Comegys, Judges
Houston, Wooten and Wales on the
bench.
The jury In the Dugan homicide case
was brought into court, and the trial
of Hugh Dugan was resumed.
Deputy States Attorney Cooper con-
tinued his argument for the State. MIR.
Cooper said when we separated last eve
ming was presenting to you the crime
of murder in the second degree. ! had
gone over most OF the facts Of the case
as to what occurred on the outside Of
the house. shall now throw aside all
the conversations or gestures that pass
ed between McGahey or Hugh Dugan.
shall therefore this morning reply
very briefly to the assault. You will
recollect that but two witnesses spoke
OF the assault between the prisoner at
the bar and Edward McGahey. The
first witness who spoke Of 1t was Martin
Colepau. He said when McG shey
passtd into the sitting room he said to
Dugan you s-n ofa b--h and struck
and bruised Dugan.
McGahey says when Dugan rushed
towards him, Dugan threw his hands
up and said "you s---n of b--h have
got you now" McGahey said "you
d--n fool 60 away" | don't want to
have anything to do with you.
Mr.. John Caven says distinctly that
he does not recollect seeing McGahey
strike blow; all he saw Was Dugan
running toward McGahey. Even look
ing at it in the light OF Martin Coleman's
testimony II is not a sufficient light to
warrant the prisoner at the bar to act
as he did. There is evidence in this
case to show that the man was deprived
of his reason. On the contrary we
shall show that he acted in very care
full manuer.
There is not one scintilla Of evidence
TO show that the prisoner was in q heat
If passion, but on the contrary that he
acted in most deliberate manner. If
Dugan had been in heated passion
he had time to cool down and to think
what he was doing.
expect the counsel for the defence
will have a great deal to say about Du.
gan's place being his house, his castle.
can go to your house, looking at it in
criminal light and can demand ad-
mi,tance; if you teh me that you will
let me in and go in certainly you could
not shoot Inc for that. In this case
there has not b4en particle of testi-
mony to show that McGahey used any
violence in going to the door or in get
ting in, beyond the little skirmish at
the door which amounted to but little.
The defence have set up in this case
ons of the most singular defences heard
OF. They first say it was by accident
the pistol went of SO easily and that he
did not intend to shoot the man, and
in the very next breath say 81 shot
him and did it on purpose" If that
shooting on that day was accidental
then the going to the shelf was acciden-
tai. The prisoner at the bar has been
in prison for the last six months and
the learned counsel for the defence
has had ample time to bring witnesses
here to speak against the character OF
Edward McGahey.
The defence could only get some five
or six men to testify against McGahey,
and one Of these men lived nineteen or
twenty squares from McGahey's house,
yet he knew all about his character in
the neighborb ood in which McGahey
lived. The State taking by surprise
with but few moments notice went
out from the court room and produced
four men to testify about McGahey's
character being good. These witnesses
were all respectable. Poor Patrick Nc
Guire was as sober as any man in this
court room. From his appearance at
the stand he did BOT show sign Of
being intoxicated. The only reason Of
his tottering ON the stand was because
his eyesight was bad.
After reviewing the testimony OF the
different witnesses, Mr.. Cooper hoped
the jury would, after viewing the evil
dence in the case, come to the conclu-
sion that this man deliberately, wilful-
ly and with premeditation killed Rich.
ard Rowe.
Mr.. Cooper closed his argument at II
o'clock. Mr.. Bird, counsel for the de-
fence. is at this writing (ll O'Clock
addressing the court on the law in the
case, and is citing different authorities.