The Providence news. (Providence [R.I.]) 1891-1906, 1891-10-29
D0N0GHUE ON THE RACK
His Trial for the Murder of John Nc
EIevy begun to-day.
THREE JURORS CHALLENGED
Donoghue Persists In His Plea OF Not
Guiity-Ihe Jury Taken to the Scene
of the shooting-Attorney General
Burbank States His Side OF the Case.

After Christine Jansen had been acquit-
ted of murder and discharged from GUS
tody in the criminal court this morning
and James +. Lynn had pleaded nolo con-
tendere and been sentenced TO life inn
prisonment, James Donoghue. alias James
Donahue, the third person indicted for
murder by the late Grand Jury, was
brought up from the cell
The indictment charging him with muir
dering d Ohm McElevy On the night OF Aug
% at Coles Village, was read TO him and
he persisted in his plea of mot guilty"
Then he took his seat and the drawing
Of the jury TO sit upon his case began.
1t took fully an hour 10 complete il and
then it was made up as follows: Arthur
w. Pepper, Providence, foreman; w. A.
l.. Mathewson Daniel Smith, Smithfield ;
Simeon &. Allen, North Smithfield; Ziba
NJ. Aldrich, Pawtucket; Everett A. Nose,
Lincoln; Morris A. Evans, Cumberland !;
Henry ;. Green, Woonsocket >. h. Will
bur- Joseph b. Rounds, Russell 3 Young,
Scituate Edward ;. Randall, Foster.
After the jury had been dnly sworn and
Clerk Webster had said the formal, May
God give you speedy deliverance," TO the
prisoner, Attorney General Burbank
stated the case TO the jury, which was in
substance that John McElevy was a
boarder in the prisoners house at Coles
~
the present year Donoghue said 10 McElery
got into an alteration in the house and
aft r spirited quarrel McElevy went out.
He returned after a time for his hat and
coat, so il is claimed by the state, and the
qtarrel was renewed; that il terminated in
Donoghue striking McEleyy with pistol,
finally shooting and mortally wounding
him.
At this juncture, Judge Wilbur eX-
planed that by agreement of Attorney
General Burbank and Attorney Stiness
for the prisoner, the court had given per-
mission for the jury TO visit the premises,
so that they might better understand the
case, as regard location. The jury was
then taken in charge by Deputy Sheriff
Thayer, and with the counsel on both
sides, were taken TO the scene of the fatal
ity.
On the return of the jury from visiting
the scene, Capt. Stevens of the Third Po-
lice Station, who arrested Donoghue on the
night of the shooting was the first witness
called for the State.
He had heard of the trouble and went
over to Coles Village In the yard in
front of Donohues house he found body
which was identified as that of McElevy.
He saw no signs OF trouble in the yard: the
earth was not disturbed There were blood
stains on the steps and landing.
After the arrest of Donoghue told wit.
ness about the tumbler early in the even
ing, after which McElevy had gone away
Later he had returned and assaulted the
prisoner, who tried 10 fight him off at
first, but when this was not effective he
drew a revolver and fired three shots over
McElevy's head. The latter made another
assault on him then and Donoghue had
punched y him in the face and on the
head with the revolver, and finally, as u
last resort, had fired the fatal bullet at
him.
board of the house. Ii was "A tive-shooter
with four chambers empty, which corrObo-
rated the prisoners story that he had fired
four shots altogether. Donohue told
Capt. Stevens that he had the revolver in
his pocket, and did not go up stairs after
it. Witness was still on the stand when
the court adjourned at / o'clock for
lunch.
Fine line Of Specials at NJ. r. BOYLE's
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