The daily gazette., 1879-12-10
pun lent proyocation for the act. 1,
conclusion he called his first witness.


conclusion he called his first witness. I
Joshua Spence, swOrn-Live on Four !!
teenth strset between Head and Clay |
mont. one square aek of DuRan's house |
AN an iron worker in Seidel Il Hast
ibgs' work remem Der the day of Rowe's
Inur der was sitting under the tree IN
the shade asleep my little boy awaken
al me and | saw q man on thirteenth
street demanding admittance into Du-
gab's house he said If they didn't admit
him he would burst the door In It was
Edward McGaughey he also went mp
to the window and said to some one in
side, ID you, can lick you In two
minutes !" after o bit the door opened
and McGaughey went in, and had been
In there about u minute when l heard
the report of the pistol another man
with me said "lets go down !" this man
went down, and AZ he went Dugau ran
out saying, Objected to but overruled,)
.'for Gods sake some one come here,
have shot man y 1t was not over five
m nutes after l awoke before McGau-
| ghey gained admittance I did not no.
tice that he had anything in his hand
he had not been in more than two min
utes when the shot was fred.
CrOss-exami ned-The tree under which
| sat is about go or 20 yards from Du.
gan's house did not see McSsaughey
use any violence in trying to get in.
Mrs. Mary McGaughey, sworn-Am
the wife OF Edward MtGaughey have
been married between . and 10 years
have three children living myth husband
ioes not live with me now.
The Court-"Mr. Bird, what is..the OBJ
ject Of this testimony.
MIR. Bird-"To lmpeach Edward Me-
Gaughey's character"
The Court BY his own wife ?'
Mr.. Bird-"l intend To show a state of
acts from which the jury can learn the
true sharacter Of McGaughey."
The Court-"Show your authority"
| Mr.. Bird began to REM onstrate but
tould not get the Court to allow the evil
ience to be admitted.
Resumed-Saw Rowe lying under the
trees above my house, that day between
and 10 o'clock i next saw him when
he was dying live three doors from Du-
yan's house on Head street have seen
Dugan and Rowe together often and the
relations between the two appeared
friendly, Objected to but withdrawn),
Saturday morning l went into DuRaD' Is
Lohner and another woman there, lob
jected to) on Friday, the day before the
shooting, J. returned the pistol to rs.
Dugan /; it was then loaded she put it
IN a cigar box behind the bar caution
e'i Mrs. Dugan about leaving il around SO
carelessly
Q.-why dii you do that? Objected
to, but withdrawn.)
A.-Because 1t went off very easily;
my husband told me SO; ] did not see
The pistol after l returned it.
A recess was then taken at 90 O'Clock
to 8 o'clock.
AFTERNOON SESSION.
Court reassemble at 2 o'clock.
Mrs. McGaughey, recall, d-Dugan's IS
} house was closed between IL and IL
o'clock; he closed it.
Mr.. Bird enueavored to question the
witness with regard to her sobriety, but
the Court refused to allow the ques-
tioD.
Officer John Cloud, sworn-I have
Known Mary McGaughey for five years
and have never seen her under the infiu.
, ence of liquor.
Charles II. Foster, COL, sworn-I wa.
, In Dugans house the afternoon of the
| shooting; Mr. Rowe took me in, and the
! | house wh5 UiosoJ Up at tho time; while
, We were there McGaughsy came outside
aud wanted to get in, saying he'd kick
, IT knock the door in; Rowe opened the
AZ We went out the door / heard the ris-
l tol go of, and then McGaughey camt
| ont of the house and ran home.
Gross examined-As soon as Rowe
| said for us to 20 out we started and went
out through the Head street door.
) Martin Coleman, sworn know John
Caven; he was not in the house that llay
{ no one was in the house but Rowe, NJ RS
Dugan. Mr.. Dugan, Edward NJ &C aughey
; | and myself when the shooting occurred
could see all in the sitting room.
Q.-Did you hear McGaugboyss cal
Dugan any names, and If so what?
Ale called him f. of a D. al
2 he hit Aim.
David Wells corroborated Joshus
Spence's testimony. Mrs. Bridget M G
3 Reowan testified that she lived mex
ioor to Mrs. MeGaughey and never
1 knew her to drink. James Early stated
that he saw Dugan in the city cells, ant
he hid blue lump on the forehead
DIR. Howard Ogle testified that eigh
months imprisonment on man woulc
I have tendency to weaken him. Julius
I krauspe, a gunsmith, testified that pis'
e tel would go off easier after it had beer
. cleaned than before.
; John Davis testified that McGaughey
told him that he did not hit Dugan, and
i had no trouble with him, and afterwards
admitted that he did have quarrel.
e VIM. Fl. Quinn, sworn.-McGauehey
testified before the Coroner's jury tba;
! he pushed Dugan;would not believe him
p on his oath.
James l.. Hawkins, M orris Carberry
John T. Davis and William Williamson
I swore that they would not believe Nc
u Gaughey on his oath.
Mr.. Bird now proposed to show the
l character of Edward McGaushey fol
|
for his authorities, and Mr.. Bates oh
A jected.
Mr.. Bird then cited, "Archbold on
. Criminal Pleading. and Practice" page
= 797; "IX Yerger, XXI Alabama;'
f "Archbold, page 4Ol. xvii Michigan;
"III Alabama" p. 69l.
h The court refused to admit the testi
mony, although in this case M,Gau
ghey was really IN the place of the vic
4 tim as the shot had been fired at him.
!, He then rested the case.
In Offering rebutting testimony Thorn.
ss Rowe was called by the State, and
d testified that McGaughey's character
II for truth was good; Mrs. McGaughey
|, was drinking woman and he had ia
a ken drink with her yesterday. Patrick
= Mcguire testified that McGanghey's
!, character for truth was good. Lewis
Widdeman testified to tho same effect
J. and that he had seen Mrs. McGanghey
l often drink. Sylvester Reeves testified
It that he had never heard McGaughey's