Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-04-24
IMPORTANT CASE
ON TRIAL IN THE CIRCUIT COURT, YBSTER'
DAY.
The Cause that Of the State v A. R. and LYDIA
KcOahoD, Indicted for ExtOrtion-The
Evidence Adducsd for the State.

Before Judge PAUL, in Part Two OF the
Circuit Court, yesterday afternoon, the case
of the State V. A. K. and Lydia McCahon,
indicted for extortion, was put on trial be-
fore the following Jury: William Blum,
Charles II. Senseney, f. l. Stone, nj.
Prayer. Geo. Williams, W. f. Butler,
Oliver Morris, G. Staub, Philip Winters,
James Dickey, B. W. Roberts, and Charles
Bigelow. Captain Dovener and Col
Arnett appeared for the defense, aud Col
White assisted Prosecuting Attorney
Howard. After the jury had been sworn,
Prosecuting Attorney Howard read the In
dictment, which set forth that in February
last. the sum of $50 WAS extort-
ed from Hermann DAiler upon the
charge that he had attempted to commit
rape upon Mrs MCCahon. Mr.. Howard
said he expected 10 Prove that MIR. Dsiier
was at Mr.. McCahOn's house in an intoxi-
Gated condition that Mr. McCahon left him
alone with his wife; that Mr. Dailer had
some conversation with Mrs McCahon,
and that later he was told he had attempt
ed to commit rape, and that MIR. NC
Oabon went before Justice Marion and
made an affidavit charging Mr. Daiier with
the crime, which affidavit and charge was
afterward suppressed upon payment oil the
sum of money named.
Captain DOvener stated the case for the
defense, saying that ne expected to prove
chat Mr.. Dailer and Mr.. McCahon were at
the latter's Office and Mrs. McCahOn left
her home and went to that vicinity on bust
ness. Then Mr.. DAiler saw her, ard alter
she left to return home Mr.. Dailer said to
Mr.. Cahon, "I'll be back in few min
utes; sou wait here" and then followed
Mrs. McCahOn home and insulted her.
Afterwards Mr.. Dailer was anxious to Tx
the matter up, aud Mr.. McCahon and his
wife reluctantly consented. Mr.. Dailer
made an ample apology, and afterwards,
in the fullness of his gratitude, presented
Mrs. McCahon with $50.
Mr.. Dailer was the first witness sworn
for the State. He said he had gone to
Mrs. McCahon's house Yhile drunk, and
had made a certain definite proposal TO
Mrs. McCshon. She wss insulted. He
then went TO Mr.. McCahon's office, and |
his son came in and told his father what
had happened at the house. Mr.. Nc
Cahon YVES angry and told witness he felt
like hitting him on the head with q chair. |
Witness LEFT, and in week or more went
10 McOahOn and apOlogized. After talk
ing awhile, Mr. McCahOn said witness
would have TO see Mrs. McCahon and
apologize to her Both men went TO the
house together. Mrs. McCahon WAS ont,
and her husband went to look for her. She |
came back while he was gone, and witness
apologizsd. She said fomething about |
suing. and witness said: For
Gods sake don't do that" She
then said if witness would pay her 500,
nothing more would he said about It, |
Witness WAS Satisfied to get out of 1t on
that basis. Mrs McCahon first mentioned |
the money. Witness thought Mr.. Nc
Cahon was present then. Witness then
left. The money WAS paid the next day. |
Witness reminded them the bargain wac
that nothing more should be said about the
matter, and they assented.
On cross-examination witness admitted |
be had told Robert Wells, yesterday, he
was anxious TO have the matter fixed up, |
and that Mr. McCshon and wife were not
to blame. Mr.. McOahon had never asked |
witness for money. In reply to questions
witness went back over the whole story OF
his insult TO Mrs. McCahOn, her husbands
anger, witness apology, the payment OF
the $50, &c, but witness said he didn't
offer the money, until Mrs.
McCahon asked for il. "Mrs McCahOn
said she'd take $50" and witness said he
was we'll satisfied to pay it. Witness
didn't know who started the prosecution.
He was simply summoned before the grand
jury.
A. f. Delbrugge said when McCahon
found out about the Insult he was very
mad. He said: "If / had revolver I'd
shoot the --." Witness was pres
ent when the $50 was paid to Ms. Nc
Cahon She counted the money and said
it was all right. Dailer said: II want
nothing more said about H. it's settled
dead" ''She said 'All right" McCshon
said he would get the affidavit and burn it
up. /
Justice Mauion said Mr. McCahon had
made an affidavit, and it vas subsequently
burned. A warrant was issued on the
affidavit and given to special constable
Frank McSherry. 1t had never been re-
turned.
Before the State concluded Court adj
iourned until this morning
In the condemnation proceedings Of the
Wheeling aud Harrisburg Railroad Com
pany v f s. Thompson and J. n. Cam
den, her trustee. Henry Pebler, John Peb-
Ter and VIM. Peb er, heirs Of George !
Pebler, deceased; Martin Pebler, their
guardian, and S. G. Smith, guardian ad
Item, Sophia Wolkenauer aud husband,
the Standard and Penn Mutual Building
Associations, and others, it was ordered
that the Commissioners heretofore ap-
pointed, II. M. Harper, II. X. List, w. |
Simpson, Martin Thornton and Geo. X. |
Wheat. meet et the office of the Clerk OF
the Court on the 26ih inst. and discharge |
the duty deyolvirg upon them.
The matter of the last will of Catharine
Joyce was argued and submitted.
In Part Two, Judge Campbell, in the
case of the Manufacturers Insurance
Company V. D. f Stalnsker the demur-
rer of defendant was overruled. The de-
PENDANT will offer special plea Saturday.
The case Of Elvira Campbell and W. s.
Campbell, trustee V. the City, and w. s. |
Campbell and W. S. Campbell, trustee,
and TheodociG McLoOmis v. the City, were
struck from the docket.
Two divorce proceedings were instituted.