The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1881-09-03

PRISONERS IN COURT.
The Eayettc County ylurdcrcrs
Hnven Hearing md Are Adj.
mitttd to Rail With One Exs
ception.

At an early hour last Friday morn
ing, the streets of Uniontown were
thronged with people from different
localities who came to witness the
hearing of the parties charged with
the murder of Maurice Healey. SO
dense was the crowd that a great
many were unable to gain admittance
and were compelled to retire without
even getting a glimpse of the prison.
ers. There has been no criminal of
Tense committed in this county for
years, in which so much interest has
been manifested by the citizens gen
orally, as that of the Healy murder.
Many of the business associates of
Mr.. Healy were in attendance during
the hearing.
AT 10 O'Clock Sheriff Hoover and
his deputies entered the court room
with the prisoners and conducted
them to their seats. Col. L. b. Sea-
right, Judge Campbell and N. l..
Dukes appeared rs counsel for the
defendants. District attorney John
son, assisted by Boyle and Mestrezat,
as private counsel, appeared for the
commonwealth. Before proceeding
to hear the evidence Judge Wilson
made some very judicious and appro-
pirate remarks in regard to publish
ing the proceedings of a hearing which
was necessarily ex-parte.
The examination of witnesses on
the part of the commonwealth began,
and continued until noon. The ex-
animation was resumed at 2 o'clock
p. M, aud continued until between
three and four o'clock, when Mr..
Boyle stated that it was desirable to
have the testimony of one or two wit
nesses that the prosecution were UNI
able TO have present that day but
would endeavor to have them present
next morning, whereupon Judge Will
son directed the sheriff to take the
prisoners back to Jail and bring them
into court ut 9 o'clock on Saturday
morning. At the appointed time the
prisoners were again brought into the
court room and several additional
witnesses were called and examined.
A good many witnesses were called
and examined during this prelimina-
~ hearing, but the evidence elected
was not generally of a very positive
character. The general tendency
however seemed to indicate that the
prisoners were seen on that fatal
evening in close proximity to where
the murder was committed. One wit.
ness testified to seeing two men an
swering the description of two Of the
prisoners walking up the furnace
railroad track with Mr.. Healy and
shortly after they passed heard pistol
shots, accompanied by the exclama-
ton, "Why, men, would You do that
to me-" Other witnesses testified to
seeing one or more Of the prisoners in
the near vicinity of the murder, both
before and after the time the deed
was committed. The testimony of
another witness was that on certain
occasion one of the prisoners said to
the witness: ''They say / killed
Healy, somebody might kill YOU" or
words to that effect.
; Mr.. Boyle, private counsel for the
prosecution, in reviewing the evil
dence stated that the commonwealth
would not claim sufficient testimony
had been produced against Martin
Donahue to hold him for trial, but
that the evidence against Patrick
Dolan, Jas. Mcfarland, John Kane
and John Collins, certainly was Of
such character that they could rot
be discharged. Mr.. Boyle also
claimed that the testimony showed
that James Rogan, was seen in com
pany with Dolan and Mcfarland, and
his action was such rs to show that
he had knowledge of what was going
on and ought to be held for trial.
Further that Bernard Flood and Mi
chael Dolan ought to be held for trial
as the evidence showed that they were
both seen in the neighborhood of
where the murder was committed
Mr.. Starlight, counsel for the de-
PENDANTS, claimed that the evidence
against James Ro9an was very slight
and would not warrant his being held
for trial
AT the close of the brief review of
the testim ony of the counsel respec-
lively, Judge Wilson proceeded to
render his decision without making
comments, as the evidence was ex-
parte and would go before jury. |
The court decided that there was not |
sufficient evidence produced against
Martin Donahoe to hold him for tri-
al. That the evidence against John
Kane was of such character as to
preclude him from giving bail, and
that he be remanded to Jail to await
his trial. That the evidence against
all the other prisoners was sufficient
to hold them for trial but was not of
such character as to preclude them
from being admitted to bail. The
of bail fixed by the court is
as follows: Patrick Dolan and
James Mcfarland five thousand dol
lars each, John Collins three thous-
and dollars, and Michael Dolan, Ber-
nard Flood and James Rogan five
hundred dollars each. After making
the necessary order in regard to bail
Judge Wilson directed the sheriff to
take the prisoners to Jail. The hear
ing closed about II o'clock SATURDAY. |