Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-04-25
NOT GUILTY.
THE CLOSE OF THE CASE OF THE STATE v
A. R. MCAHON AND WIPE.
The Jury Out About Thrss-Q Quarters Of an Hour-An
Outline Of the Testimony and the
Arguments.

The hearing Of the case of the State ".
A. R. and Lydia McCahoD, charged with
extortion, was resumed in Part One of the
Circuit Court, yesterday morning. The
State opened with s. o. BOyce on the
stand. He was followed by John Cooper,
the witness who failed to appear on the
previous day, and for whom a rule had
BEEN issued. Mr.. Cooper said he was in
Justice Manion's Office when McCabon
and S. o Boyce were 10 back room. He
heard Boyce say: "If you're after money,
l don't want anything TO do with 1t; II
you want to prosecute him, I'll help you"
Later he heard McCshon say: III we push
him he'll squeal" Mr.. Joseph Bhenipg
and one or two comparatively unimport-
ant witnesses closed the case for the State,
it then being bout noon.
Constable Frank MtSherfy was the first
witness called for the defense, ard was
followed by Robert Miller, at the conclu-
sion of whose examination Court adjourn
ed until afternoon. Mrs Frank Luiz
WAS the first witness al the afternoon SEES
sion, and was followed by Mrs Mary
Kemple Mr.. McCahOn was then put on
the stand. His general story OF The cir
cumstanCe5 connected with the insult
offered his wife, by Mr. Dliler. Was rot
materially different from that detailed by
the witnesses for the State. lie denied
emphatiCally, however, that there had
been any im roper motive on the part Of
either himself or his wife, In accepting
the money. He admitted there wns a con-
siderable degree Of intimacy between him
self and Nr. DAiler, and the latter bad
ffequfnily becn taken % Mr.. MoCihoo's
house by that gentleman He went OVER
the circumstances Of the in-uli, the preps-
ration Of the affidavit, Sc and detailed his
anger when be heard from his son what
Mr.. Dailer bad done. lie Was followed
by Mrs McCshon, who WAS specific in
saving she did not first mention money TO
Mr. Dailer. She said Mr.. Diiler told her
be would rather give $500 than have the
matter yet out, II would ruin bis bust
meas. and almost break his wiie's heart
He could not give her what he felt he
ought To, but he would make her present
Of $50, and handed her the money.
This ended the testimony, and at half
past three Col. White opened the argu-
ment for the State, making strong speech
to quite n large audience The Col
onel was particular to call the attention Of
the Jury 10 the fact that Mr. DIiler bad
been accused by Mr.. McCahon OF attempt
ed rape, when according TO the evidence OF
the defense itself, be had merely made a
proposal to Mrs. McUshon-solicited her
very different thing from attempted
rape He told the jury that he hoped they
would fad way to let Mira. McCahOn go,
but that they would properly punish the
msu who deliberately Set about TO obtain
money for an insult 10 the honor OF his
own wife
Col White was followed by Col. Arnett,
for the defense, who was in turn succeeded
by Captain b. B. Dovener.
Captain Dovener made a strong and
convincing q gument for the defense, and
when he concluded Prosecuting Attorney
Howard closed the case in IA clear and
comprehensive way.
The jury went out about SIX O'Clock,
and after On absence Of about three.quar-
ters Of an hour returned a verdict OF not
guilty.
In Part Two, Judge Campbell, argu-
meDts were partially heard in the case of
James NJ. Russell V. Stephen Wilcox.
In the case of Anna l.. Morgan V. Albert
Morgan, the rule issued against defendant
vas discharged, and the case continued.