Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-08-12
COURT IN FARO DEN
TER JUDGE Was ARNED AND 50 WIRE
TIE SPECTATORS
The Psasg scsnss Of California Still Being Enacted
IN Sens Of The Back fowns-Ths Court ard
Attorneys Smoked and the Prisoner Was
Leis Alone While the Constable
Vas Hunting for Witnesses.

The examination OF Malcolm McDou-
gald, charged with killing Michael Len
ahan, opened without formalitv in the
principal gambling house in Truckee
last Monday. John Burdette, the. old
time faro-dealer and friend of the dead
man, was on hand early to see that the
murderer got his deserts.
There is q large arch between the
main room, where the faro tables and
the poker tables are located, and the
saloon with its bar and piles OF barrels
and boxes. The prisoner lounged against
the wall and the witnesses and specta-
tors distributed themselves over the
barrels. A stnd-horse poker table ac-
eommodated three. As the room filled
up crowd gathered in the archway,
greatly to the distress OF the bartender,
whose view OF the proceedings was
thus interfered with. The side coat
pockets Of everybody bulged portent-
ously. Truckee has given up as ex-
ceedingly unhandy the hip-pocket sys-
TEN Of carrying q revolver.
II was 10 o'clock when his Honor JUS
tice Leggitt took the dealers place at
the faro table, which served as judi
cial desk. Opposite him sat the two at
torneys and reporter, while the man
whose life was staked on the legal cards
In the Judges hands, so to speak, main
tanned an air OF indifference, still loung-
ing against the corner Of the arch.
District-Attorney Nilon stood ready
10 make his play, but counsel for the
defendant, Mr.. McGlaShan, first lighted
his cigar and rendered the still burning
match to His Honor. The Court tilted
back in his chair, and having got the
cigar well lighted turned to the District
Attorney and told him to proceed.
Just at this point old John Burdette
rose in his place at the back OF the
room and notified His Honor that he
was Lenahan's friend and things would
have 70 be done right.
This speech brought out six-shooters
all over the courtroom, and threats OF
lynching were muttered in the direc-
ton of the bar. Justice Leggitt simply
shifted his cigar 10 more determined
angle, placed his hand on the little
shelf at the back OF the table, where
drinks are sometimes, and drew forth an
elegant black shooter of SO calibre.
''Order must be preserved in this
court" remarked the Justice. EVERY
body will get his rights, but II there is
any disturbance In this room l shall not
hesitate to enforce order at the point
of the pistol if necessary"
Old Burdette expressed himself salts
fed that the Judge intended to put up
square game, and the pistols were re-
turned to the side pockets and the trial
proceeded. Once only, when witness
for the prosecution reflected too severe
" upon the dead man, did cid Burdette
rouse himself and enter an emphatic
protest. The Judge got the drop on
him with the big tevolver, however, and
suggested that he sit down. Burdette
knew his man and there was no further
disturbance.
The story of the killing as brought
out by the witnesses was in substance
that Lenahan had quarrel with Nc
Dougald on the night Of the 4th Of July.
He drew a pistol, but it was taken away.
Then McDougald went up to Lenahan's
saloon, told him he intended TO be
friends, set up the drinks and they
shook hands. During the latter cere-
mony, McDougald, who is an immensely
powerful young fellow, nearly jerked
the arm off Lenahan, who was smaller,
Older and sicKly. Soon after, however,
Lenahan came into McDougald's saloon
with another pistol In his hands. This
McDOugald snatched from him, and at
the same time knocked him down. He
either hit him when he was down or
did not, according to whether the man
who tells it was Lenahan's friend or Me
Dougald's. But when they picked Lena
han up McDougald led him TO the rear
of the saloon and helped wash the blood
of him. Somebody said Lenahan had
another pistol and there was another
row.
OF course there is the same diversity
of evidence as to whether McDougald
dubbed him with the pistol or not while
he was washing off the blood. At all
events they took Mike Lenahan home,
and a doctor sewed up his cuts and
treated him for fractured skull for
twenty-four hours, Then another doc
tor took the case and treated him for
delirium tremens until he died. The
first doctor testified that Lenahan died
from an injury TO his brain; the second
that he died from delirium tremens.
autopsy, though they found a small
puncture that went through the outer
skull.
1t was noon by this time. Court adj
journed to the bar, aud His Honor left
the records with the barkeeper for safe
w. The constable went out to look for
witnesses, leaving the prisoner alone.
Nobody minded that. Your Californian
who has killed his man is too honorable
to take advantage of such liberty. The
old pioneer epoch of the Pacific coast is
not ended yet.
MeDougald passed the time pairing his
fngernails, stroking his little mustache,
and carefully arranging his bang so as
to make it hang quite low on his fore
head.
When court opened again the Justice
asked:
Have you any witnesses, Frank?"
Frank is the District Attorney. He
said he didn't think he'd put on any
more witnesses.
The defense then called Mr.. Fogarty,
a neighborlng saloon-keeper. Mr.. Fo-
garty came In In his shirt sleeves. He
testified that Lenahsn came to him one
night and asked him for a pistol. He
handed him a Colts double-action, 3s-
caliber, Of which he said there were
always a brace In convenient place
behind is bar.
The pistol that was taken from Lena
han was shown TO Fogarty. 81 think
that's my gum" said the witness.
"If were you, Judge, I'd tag it and
mark it exhibit l." suggested Mr.. Nc
Glashan. But the Judge knew trick
north two of that He nut the Yeannn