The daily gazette., 1883-03-01
PLEA OF SELF DEFENSE
PROPOSITION OF cRoNEv,s
COUNSEL.
CLOSING EVIDENCE FOE STATE,
After Heartng Twenty Witnesses tine state
Rests and Col. Whiteley Opens for tlie
Defense-The Interest Increasing.

The interest in the Croney case appear
rapidly on the increase and both session
were largely attended yesterday. particu
larly In the afternoon, when all the aisle
excepting the centre one were crowded Will
eager listeners, cranipg their tiecks TO catcI
every word uttered within the bar. Tn
prisoner appeared TO be getting accustomed
to his position and occasionally smiled a
side remarks of the counsel and pectllarl
ties Of the witnesses.
The State rested In the middle OF tn
afternoon, the defense being opened by Col
Whiteley IN a twenty-minute address, IL
which II was shown that the plea of self
defense would be put up.
Andrew j. Conner, known as the sick
witness, was first called and quickly
examined. He was evidently suffering
much and was allowed to be seated during
his examination. The first decided differ.
ence Of opinion took place during the
examination Of the second witness for the
defense when the Chief Justice threw seine
what of boomerang into the camp of the
defense which for q minute or two delayed
the questions Of Mr.. Bird.
THE EVIDENCE.
DIR. Howard 0glo being sworn said that
he was called to see Mcguire after he was
shot and found him about o'clock living
on bed In house on Logan street near
Maryland avenue with his clothes stilI on.
Mcguire was suffering greatly and was ex-
cited. The wound was gun-shot wound.
With other physicians he made a
post-mortem examination and found
that the ball had passed obliquely inward
and downward to the pelvis bone, where 1t
was detected and lodged in the muscles OF
the leg. Tho wound caused death and the
toH fwOu tnfa wkaas y.
evening of November and the post mortem
examination was made the next day. The
deceased was as fully q developed man as
witness had ever seen. The ball was not
found, as It was thought unnecessary to
'mutilate the body.
DIR. J. P. Lukens, testified TO having been
called 10 see Daniel Mcguire about O'Clock
on the morning OF November 8. He de-
scribed the wound the same a. spoken of by
DIR. Ogle, and said death resulted from the
shot. 1t was very evident that the man
had been drinking, and the excitement
under which he was labOring was both from
drink and suffering.
Alexander White, sworn-As he kisaed
the book he remarked, 'according to the
best Of my recollection" Have known Dan
since he was boy;was in Witsil's store; was
there short time when Mulcahey entered
while we were talking Croney interrupted,
and told him his remarks wero altogether
of the subject; Daniel began telling his
grievances at tho last election to the house,
but principally to me.
Witness then described In very verbose
and exhaustive manner, which raised
numerous smiles on the face Of court, bar
and audience, the whole occurrence of the
dispute between Mcguire and Croney and
the subsequent shooting. All parties in
the room, he said, were quiet and orderly,
and had no disposition to interfere with either
Croney or Mcguire. On several occasions
an effort was made to quiet Dan.
Cross-examined--W -Witsil told Croney to
behave or 20 out; can't say that Mcguire
cursed Croney; Mcguire was more excited
than any man in the house, as he appeared
under the influence of liquor; Mrs. Witsil
tried to paciiy Mcguire; think II 1t had
not been for Russell Dan would have stayed
10; In my opiRion Russell was the cause Of
the whole trouble; Russell said, 'Let him
go out" and repeated that Dan should go
out and whip Croney about minute after
Mcguire went out the shooting took place;
Croney was not abusive In his language,
and the only remark he made at all cranky
was when he flrst interrupted me; what he
said first was to me;don't know whether Dan
was In the room or not when Croney spoke;
to the best Of my knowledge Dan came In
afterwards.
Tho witness continued talking when .
question was asked, In steam-englne
fashion, hardly giving counsel an oppor-
tunity to get In a word sideways. He was
asked how many days he had beel present,
and the wordy and grotesque manner in
which he tried to explain how long he had
been In attendance convulsed the Attorney
General and several others with laughter,
while the entire audience murmured with
suppressed merriment He was finally al
lowed to step down, the Clerk In sheer
desperation giving up his efforts to obtain
the necessary information.
Thomas McAvallly, young man, who
was also present in Witsifs cigar store on
the night In question, gave his version, with
| but few unimportant variations from the
testimony of other witnesses, of the conver-
satIon or quarrel between Mcguire and
| Croney, ending In the shooting. He started
/ 10 run after Croney when the shots had
been fired; he followed, with Russell, as far
as the gas house, but saw nothing Of Croney.
Cross-exAmined-I left the store with the
rest To see what was going on; RusselPs re-
mark had nothing 10 do with my going out;
Dan was loud-spOken man, and | meyer
| saw him create disturbance In my life
| when Croney fired his two shots he turned
| and said to Russell, .Hold on, Dick, ! have
| one for you"; when CroDey started to run
| Russell started also.
Harry Taylor, sworn-Know Croney and
l knew Mcguire; l arrived at Witsil's about
| midnight; had cigar In hand and went in
/ and lit IT.; went out and stood on the curl
| smoking; in short time CFoney aud Witsi
| came out, the latter shutting the door aftel
l him and saying, "For Gods sake, John
don't raise any fuss around here; he ther
added, 'you better go out home; Croney
said ,"l'll be damned If 60, "and stood witt
his back TO the front of the store; by tha
time quite q number came out, Mcguire
being about last; Mcguire passed around
the crowd and went TO Croney, putting hii
hands ON his shoulders; was standing OF
the opposite side of the door from Croney
and could only see Dams left hand; DaI
said something about Croney not being d
man to fight him; there was flash and |
report Of pistol; then In second or TIVE
there was another fash j thought 1t wa
getting too hot for me and | went dow
Madison Atreet; Dan walked into the store
and did not sec him again until he was Il
his cofiu.
On cross-examination witness merely re
iterated his direct evidence. He said tina
he thought when Dan came out he said
Where Is he"
| William Baily, boy about Is years o
age, was sworn-He stated that he was Il
Witsils cigar store with his father, q wit
ness examined on Tuesday. He saw tn
trouble In the pool room and heard the con
versation about the smart men of the Unitel
states, and when the crowd rushed out b
went out also. When Russell told Dan h
90 out Brickle tEied to keep Mcguire 10