St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-14
He REFUSED TO SHAKE.
DAVIS DECLINES the PROFFERED
HAND OF SC&LL0N,
STATES EAU CLAIRE WITNESS.


-;he Evidence All In rgu-
ments Todey-The Case Is Now
just About Ended.
The last day of evidence in the trial
of James Dugan for the murder of
James h. Harris wound up yesterday in
whirl of excitement. To an audience
of large proportion and mixed quality
the attorneys played their last act be-
fore the grand finale, which will occur
today, Mr.. Nye, for the state, occupy
iEg the forenoon for his closing speech,
and Mr.. Davis, for the defense, the
afternoon from 2 to 5 O'clock.
The day was spent yesterday by the
defense in an endeavor to fix Dugan's
alibi more firmly, and by the state in
Introducing rebuttal testimony. Opin-
ions differ somewhat as TO the out
come of the trial. which has been
sharply contested and long. and the
question of the decision OF the jury is
one which cannot even be guessed at.
Testimony has been introduced, and
adverse testimony, just as strongly
sworn to, has been made On the same
point, until it would seem that the QueS-
ton of the point. vital in a few cases,
must be settled according to the
character of the witness, and the man
ner in which he or she withStood the
eros examination. Opinions have been
advanced that Dugan will be found
guilty, but it is well-known fact that
an untried jury are an uncertain guam
tity, and also that juryman, like any
one else. is adverse to taking q human
life. though the means be legal and
warranted. The chances are that the
battle in the jury room will be hard and
long. and that forces will be divided in
opinion in a manner that cannot be set
tied in a fraction of a day. Whatever
the outcome, the state has not once
pressed its Investigation one whit be-
yond fairness and justice, and it is cer-
tain that much of the rigidlty used by
the average prosecution has been elm
mated from the present trial. This is
but giving just credit to County Attor-
ney Frank Nye. On the other hand. no
prisoner at the bar has seldom, if ever,
been better represented or had his case
move vigorously fought than has James
Dugan. Mr.. Davis has proven an I'M
firing and ceaseless worker to open the
way to freedom for his client. and how
we'll he has succeeded will be seen later.
To say that the last two hours of yes
terdaY's trial were exciting is hardly
giving due credit to Attorney Davis,
and especially DR.. H. V. Scallon, who
succeeded IN amusing the large crowd
of spectators and in driving Attorney
Davis to his wits end. besides arOusing
his deep animosity. When the tall and
lean doctor was called TO the stand
mum of excited interest began in the
court room. which did not cease until
the close. After the witness had taken
the oath he adjusted himself in the
chair and faced the attorneys with de-
liberation in every movement. He
stated that he lived at Eau Claire, and
had practiced medicine there since 1881.
Mr.. Davis fumbled a paper in his
hands before opening testimony that
life and death race Of the defendant, if
it withstood.
'Have you ever seen James Dugan?':
he asked the witness.
"Yes, sir' came the response in de-
termined tones.
when did you first see him?"
81 saw him in my Office in Eau Claire
about two weeks before the 4th of July,
1882
Now, doctor, tell the jury the entire
story" said Mr.. Nye, and the crowd
drew long DreathS and listeded as the
witness related the vitality important
incident.
Zone day man came into my office
q /
seat, and he SAID to me: Doctor, l
want you to dress my arm, but before
you do it want to tell you that have
no money. l have watch which l am
trying to sell. and when | do | Will paw
YOU | dressed his arm, and asked
him if some other doctor had dressed it,
He said that one in ST. Paul had. but
that he could not remember his name.
l asked him his name, and he hesitated
and moved uneasily in his chair before
lie answered that he had several. |
pressed him. and he said that they
called him ''Siim Jim," but his right
Dame was Dugan, ana added Near
thur He mixed them up so that |
asked him which. and he said then that
it was James Dugan Macarthur. asked
him if he was any relation of the Dugan
i'll my town,a young man who was suing
the railroad there at the time. This is
one incident that fixes the incident and
name in my mind"
What else did he say?" asked Mr..
NYe, and the witness went on.
II asked him where he received his
injury, and he said that he had been
shot out in Minnesota. He had been
scuffling with fellow for the possession
of revolver and 1t had gone off acct
dentally, but he SAID that another fellow
had interfered when he had no bust
ness to, and had fired shot that was
liable to get him into trouble, one that
might Kill a man."
The excitement was great at this
point. and the sheriff had to rap sharply
on his desk to restore order.
Mr.. Davis then took up the cross
examination, and the fun reigned high
and furious throughout the struggle be-
tween Attorney Davis and the country
doctor. In his testimony under the
ready fire OF the cross-eXamination the
witness stated that lie had never seen
the man until he had seen him in the
court room here.
WHO first spoke to you in regard to
this matter?" asked Mr.. Davis.
"Well. Chief of Police Higg gins, of
Eau Claire, and Attorney Hail for the
state"
"What did Mr.. Hall say to you?"
HE called me up over the telephone"
answered the witness, raising his voice
just pitch above the attorneys.
well, what did he say?'' asked Mr..
Davis, raising his voice still higher.
The doughty physician brought his
voice up 10 concert pitch and shouted
back to the attorney the answer:
lie asked me if | remembered dress
ing a mans arm.''
The shouting contest was so amusing
that the crowd laughed. The attorney,
not to be outdone, pitched his voice a
trifie higher as he demanded:
We'll, what else did he say?''
Nothing roared the doctor right
back, and the audience, judge. jurors
| and attorneys laughed so hard that the
old court house shook. The perform
ance-volce culture on large and Wig
orous scale-was kept up throughout
the testimony, the doctor having the
best end of it TO tha finish. The doctors
testimony during the cross examination
was as follows:
/ 20 no. I