The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1895-10-24
M'GONIGLB ON THE RACK.
Charged With the Murder Of His
Aged Father.
CLOUD OF WITNESSES In COURT
Some OF the Points brought Qua In
she Evidence introduced BY the
Prosecution-Defen Row Occu.
plying the stand.

|
the murder Of his father on August 18th,
was taken mp by Judge Graves.
To obtain jury occupied the entire
forenoon, and by holding an evening
session and having special venire Of
eighteen men jury was obtained at the
hour of . o'clock. A number Of citizens
examined were found to oppose capital
punishment and consequently were not
accepted as Jurors. The state has sub
p9naed about twenty witness aud the de-
Tense as many more.
Before the trial began all the witnesses
were excluded from the court room. Most
OF the newspaper men in the city are wit
nesses, either for the prosecution or the
defense, and it is with difficulty that we
are able to give to the public the proceed
ings of the trial.
When the accused, Charley McGoni-
gle, was brought into court, his appear
ance was that of man thoroughly COM
posed, and during the testimony he gave
no sign OF a nervous or excitable tenn pera-
ment. He is represented by Attorneys
Mackinnon & Murane and W. l.. Jones.
Prosecuting Attorney Ira P. Englehart
delivered the opening address to the jury,
in which he depicted the manner Of the
shooting, stated the parties to the ARRAY,
and said he would introduce testimony to
show that Charles McGonigle committed
the murder OF his father. After proving
these facts beyond q reasonable doubt,
he would ask the jury, for the sake of
the prevention of crime and the preservs-
ton of the home, to return a verdict Of
guilty.
The defense reserved their address to
the jury, and the testimony of the prose-
cution proceeded.
J. NJ. Eaves, the complaining witness,
was first placed on the stand. In q
quiet, unassuming way, and in an easy
manner, he recited how, in company with
his wife and daughter, they went to the
McGonigle residence on that fatal night
as neighbors for the purpose of talking
over and TO check the slanderous reports
circulated by Charles McGonigle about
the Eaves family. Mr.. Eaves said that
he knew Charles McGonigle was in the
habit of carrying weapon, and at the
time OF the visit to the McGonigle house
he carried 3S-calibre revolver for self
protection. He then stated that he met
Charles McGonigle at the gate and after
few words McGongle ran around the
corner of the house. Mr.. Eaves then
, walked to the house, where he met Byron
McGonigle, the father of the accused, but
had been talking TO him but few mo-
ments when Charles McGonigle reap
peared at the other end of the house and
called out in a loud voice, "What are
you doing there?' Immediately the dis
, charge of gun was heard, and Byron
| McGonigle sank to the ground with a
groan from the effect of the bullet that
was intended for Mr.. Eaves. After the
first shot was fred Mr.. caves started in
the direction from which the shot came,
but changed his course and ran into the
house and blew out the light. He next
heard Charles McGonigle say to his
daughter, who was Standing in the door,
"What are you doing here?" This re-
mark was followed by shot at the young
lady, but which Mr.. caves received. He
then drew his revolver, fired it at Charles
McGonigle. and fell to the floor. He could
then only remember Of trying to close the
door leading to the yard.
The cross-examination then brought
out the fact that Mr.. Eaves had en-
ployed Attorney Snively to assist in the
prosecution in this case, but the evidence
as given was not materially changed.
Statements that we're alleged to have been
made by Mr.. Eaves at the coroner's in
, quest we're propounded to him. which he
, denied ever having made. This was for
the purpose Of impeaching his testimony,
and will probably be used as the trial
advances.
Mrs. j. M. caves was the second wit
ness called, and she corroborated the
, statements of her husband. In addition,
/ she said that when they called to Charles
: McGonigle at the gate, he replied, "I'm
, your man." and that he became very
angry as they talked to him. He in
serted his hand into his pocket and with
drew it and leveled it at them, as il be
held revolver. When Mr.. Eaves ad.
vanced and said, Don't do anything like
that" he ran around the house, and she
did not see him again until after the first
shot was fired. when he was bending over
his father as if to see where he was shot,
and looking up saw Beulah Eaves stand
ing in the door and Immediately grssped
his rife and on one knee he fred a shot
at her, which struck ]. M. Eaves.
During the ross-examination an at
torney for the defense asked the court to
: remove the witnesses, 80 that no signs
could be interchanged between Mr.. and
Mrs. Eaves. The Judge thought tho sus-
picion was unfounded, but Mr.. Eaves was
requested to retire from the court room.
In the afternoon session the court room
was filled with spectators, many of whom
were ladies, who desired. no doubt, to
{ hear the testimony or to see the accused.
, Beulah Eayes, the I6.year-old daughter
2 Of Mr.. and Mrs. Eaves, was the first wit
ness called in the afternoon. Her testi-