The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-12
THE MCLAUGHLIN KILLING.
A Case of Self-Defense Established,
and Mr.. Cox Discharged.
Story Of the Accused - His Account Of the
HOmicide-A Severe Gross EXAMINE
tiOn-Scenes in Court.
San francisco Chronicle, Jan. 6.

San francisco Chronicle, Jan. 6.
The preliminary hearing of Jerome B. Cox for
the killing of Charles Mclaughlin, the capitalist,
resulted in his dismissal, yesterday afternoon,
by Police Judge Lawler, the ground of self
defense. The examination was resumed at 10
o'clock. Drs. J. G. McNulty, L. L. Dorr and
J. H. Tyrren testified in behalf of the prosecu-
ton, regarding the wound in McLaughlin's neck.
Tully r. Wise, attorney of the deceased, was
then recalled, and gave testimony on some minor
details, and the motion of the defense to dismiss
the charge against the defendant was submitted
without argument on either side.
Judge Lawler deliberated moment, and said:
"Geutlemen, do not feel warranted in granting
this motion. There certainly is evidence sufficient
TO show that a crime has been committed.
must deny the motion. / consider it unneces-
sary to give my reasons at this time"
Mr. Cox's counsel consulted for moment and
then asked for the usual noon recess, that they
might decide upon the course to be next taken.
After the recess the counsel for the defense
stated that they wished to continue the examina-
ton, and would put the defendant on the stand
to tel his story of the affair,
-s.. COX TELLS HIS STORY.
Captain Cox was then placed on the witness
stand, and being sworn, made the following
statement in reply to the questions asked by his
COUNSEL II was born in Virginia. Dec 4, 1927;
when about six years of age [ moved to Indiana,
whore was educated 1 went into the hardware
business until 1852, and then went into railroad
contracting in Ohio, Pennsylvania and Missouri
until 1861, when the war broke out" He then
related his war record which has been already
published, and then narrated his coming to Cali
fornia and his first connection with the deceased,
about seventeen years ago whenh he, with others,
took the contract to build the Stockton & Copper
opols railroad and the years of litigation fol
lowing, all of which has been published in the
Chronicle.l He then continued "On the morn
ing of Dec. l3 left my home at 1917 Hyde street
about o'clock and went down to Mr.. Delmas's
Office, where [ obtained exhibit concerning
my suit with Mclaughlin; | remained there
some time chatting with a clerk and then
started to go up Suffer street, but did not 90: |
then went along toward Washington street and
up to Mr. McLaughlins office; my object in going
there was to get some money on account, for
was IN great need and Observation-Disclosures:
when left home in the morning my wife had
only 81 and this was all the money | had in the
world; had never been to McLaughlin's office
before. and when | went in | saw a young man
whom have since learned Mr Rhodes
would not have known the way 20 MIR Nc
Laughlin's room had not this young man directed
me.
''When went into McLaughlin's room he was
sitting with his back to to and feet to the
fire in a gas stove. l said, Hello Mae! | would
like to have few moments conversation with
you, and he said, All right, close the door
tried to close the door, but could not, and told
him so, and he then said, We will go into anoth-
er room, and he led the way out into another
room, now known as the south room; | followed
him; had never been in the before, and
Mr. Mclaughlin sat down in his chair, facing
the north"
Mr. Delmas-When Mr. Mclaughlin sat down,
what did you dot
Mr. Fox-I object; that question is leading
Judge Lawler-You may proceed.
mclaughlin did not ask me to sit down. and
/ told him that came to see him about the letter
which he had sent to DR.. Burgess, and to see if
could get some of the $40 900 which was ad-
mitted to be due at the time contract
closed, and told him that my family desti-
tite; Mclaughlin said, Yes and afterward said,
Il won't pay you a cent until / settle in full:
then said, Have you no humanity about your
and he said, Don't you talk to me in that way
and turned about, putting his hand toward his
right hip-pocket; l said, None of that and he
sprang toward me, when | fired the first shot,
which passed through his neck; we then cnched,
and do not know whether he pushed me or not
but realized that it a struggle for life and
fred the second shot; in the struggle, felt some
thing in his pocket which took for pistol he
grabbed the pistol, and l fired again after ]
pulled my pistol away from his grasp and he was
reaching back with his right hand; he
called and Mr. Rhodes came in; Mclaughlin
looked pale and staggered and said you
dog you shot me, and / said, Il warned you and
you approached me- He then said, Approached
you, you dirty dog; who are youF l then helped
Mr. Rhodes to assist him to the next room Not
one shot was fired from behind. / thought if he
would get hold of me he would kill me, and /
acted in self-defense. l had no luminosity to-
ward him, but did not have any high opinion
good feeling for the man. L did not carry the
pistol to use Mclaughlin. and the statement
that watched the Office until he was alone can
not be correct, as | did not know anyone in the
Office except Mr. Wise.
THE oss-ExAMINATIoN.
Being cross-examined by the counsel for the
prosecution, the witness said II left my home
and went to Mr. Demass office between and
10 o'clock and chatted with clerk, and then
went to Mr.. McLaughlin's Office to get an exhibit
in the case of Cox VS.. Mclaughlin, for new
complaint, which was already prepared 1 got
one exhibit in Mr.. Demass Office and sent it to
Mr. Hightons Office by boy. l walked up
Montgomery street. talking to man, for two
or three blocks. cannot remember his name
or the subject of the conversation l then
crossed the street from him to see man, but he
was not the one l thought he was 1 cannot
mention the name of any man who met me. 1
called on Mclaughlin without the knowledge
of my attorneys. 1 never called on him
before in his Office but met him in other offices
in John B. Feltons Office in Court block: this
was about ten or twelve years ago and was
while the case was in the Supreme Court can
not remember the exact date: there were other
persons met him besides my lawyers; / carried
the pistol about month and think that / carried
1T every day, probably for more than month; i
also carried pistol about the time of the last de-
eision of the Supreme Court, and the pistol is
the same one carried then. had permit to
carry pistol, but it was revoked in February or
March, 1883. did not have the pistol on me in
reference to Mr.. Mclaughlin, but in reference to
Judge Ross, of the Supreme Court 1 did not
attack Judge McKinstry; had slung shot and
pistol on me when was arrested; had been in
formed that Judge Ross told his life was in
danger and that he might be shot down; feared
had ,,,eo,