Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-08-12

saloon. He knew that when Lenahan
was knocked down his head hit against
the iron railing before the bar, but
when questioned as to whether McDou-
gald struck Lenahan while he was on
the ground his memory failed him. He
said that people crowding around OBJ
structed his view so he could not tell.
On cross-examination he remembered
that he went to McDougald and asked
him IL he would go out TO the plaza and
shoot TO finish with Lenahan. Nc
Dougald said he would not, that he was
not anxious to kill somebody or be
killed himself.
He was asked why he suggested that
to McDougald, and then he remembered
some more. His boss was angry about
the fight, and Anderson asked him II
Lenahan would go out on the plaza with
McDouRald. Fogarty promptly answer
ed that Lenahan would.
Pretty soon the constable came back
with DR.. Curless, the delirium tremens
physician. He is large, stout gentle
man, with one hand in splints. He was
very much fustered at having been
brought there.
SIS it not true" asked McGlashan,
when everybody had his cigar lighted,
and his feet as high as possible; us 1t
not true that you, on the authorization
Of the District Attorney, directed the
grave-digger to have the body OF Mr..
Lenahan exhumed by o'clock Sunday
morning?"
what does this mean?" sputtered
DR.. Curless. "What In hell are you
trying to get at? Read the question"
DR.. Curless sputtered some more, but
finally dumped half dozen kilograms In
His Honor's lap.
The digging up Of Mr.. Lenaban's re-
mains was frustrated by old John Bur-
dette, who drove off the grave diggers
with his gun and the remark that he
would make lead mine OF the first man
that disturbed shoveful OF the sod
above his dead friends body.
The District Attorney objected to
having the letters read. He said they
had absolutely nothing to do with the
case.
Then Mr.. McGlashan got eloquent.
He denounced the attempt to hold a
secret autopsy at o'clock on the morn
ing OF the holy Sabbath day. He in
sisted that the reason for it was the
fact that the prosecution knew 1t had
died from a wound at all. DR.. Cur!ess
had sworn that death resulted from de-
lirium tremens.
Doesn't this physician know the
difference between delirium tremens
and a broken head?" he Numbered.
'Are they not both common in True
keep"
He cast his cigar clear out into the
middle Of the bar-room, so earnest was
he, but the Court ruled the kilograms
out.
II don't think you will adhere to
that ruling, Judge" said the attorney,
and he began his argument over again,
but the Judge was steadfast.
The next witness was John Leach,
who also told how Lenahan came to get
a gun from Fogarty.
LET us have that gun, judge" said
Mr. McGlashan, reaching out his hand.
Certainly" responded His Honor,
courteously. "as soon as get this chew
OF tobacco cut off," and breathless ST.
lence followed, broken only by the click
of ice and glass as Mr.. Fay mixed cock
tails.
The Court sawed with a rusty jack
knife at an obdnrate plug. The lawyer
impatient to get on lent him another
knife, and soon the wheels Of justice re-
volved again
Leach was another one Of those that
could not tell what happened while the
blood was being washed from Lenahan's
face in McDougald's saloon. He was
the last witness, and then the lawyers
began to talk. The bartender, who
had almost worn himself out racing
from the arch back to the bar to wait
on customers and then back again TO
listen to the trial, gave up when the ar
guments began. He hired a substitute,
and after that he listened to the thun-
ders of the attorneys in peace and COM
fort.
At the close of the arguments Justice
Liggett held the defendant for involun
tary maRslaughter and fixed his bail at
$1,000.