Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-09

IN THE EVENING-MR. JOHN A.
HOWARD WILL CLOSE FOR THE
STATE THIS MORNING.
The closing scenes Of the
murder trial are approaching.
This morning Hon. John A.
Howard will make the concluding
argument on the part of the State,
and the jury will probably be given
the instructions at the opening of this
afternoons session and will retire.
Then will come the weary waiting for
the verdict, with the lives OF two
men trembling in the balance.
When Court opened at half-past
nine O'Clock yesterday morning, Pros
ecuting Attorney Meyers began the
opening address on behalf of the
State. At the soutset he dwelt upon
the responsibilities of the jury, and
explained with detail the criminal law
of the State, which, he said, favored
the prisoners at the bar, they receiv-
ing the benefits of all doubts, and the
State having no right of appeal. The
law was humane, and being cast upon
those lines, the State could not ask
for another trial, no matter how griev-
Gus the error. If the case was proven,
therefore, there must be a correspond
ing verdict, and sympathy must not
enter into the matter.
Mr.. Meyers then took up the evil
dence in the case, and passed 1t in
review. The picture of the shooting
on September 9th was dark one.
Charles Mclaughlin, deserted by his
friends, stood on the sidewalk Of Mar
ket street alone, until he was shot
down. The desertion of his friends
was excusable, because they also were
in danger CT their lives Mclaughlin
and his friends did not attack; they
were on the defensive. Had they at
tackled they would not have run. The
crime was carefully planned, and de-
PENDANTS took counsel with each 9TH
er, but not with Almighty God, for
they did not believe in Him. They
were content to take chances, as they
had taken them before. (To this
statement by Mr. Meyers Captain Dov-
ener objected)
Proceeding, Mr.. Meyers said the de-
tense claimed self-defense. Therefore
the burden of proof in that regard was
upon them. Have they done it?
There are a good many obstacles to
overcome before you can believe in the
theory of self-defense." Mr.. Meyers
witnesses who described the various
events connected Immediately with the
shooting, and in doing this summar-
lied the testimony of James Hannah,
John NJ Shorts, John Charleton, Will
liam Brinkmeyer Mrs. Scroggins, An
drew Robinson, Frank Mclaughlin,
Louis Theirs, William Craig and 9TH
ers, minutely describing the state
ments of each, and drawing conclu-
sions therefrom favorable to the opin-
Ion and theory of guilt. He follow
ed this with the statement that if the
jury believed the testimony of the de-
PENDANTS the State had no case what
ever. The State had presented the
evidence of eleven eye-witnesses of
1.-THE shooting, and their evidence was
irresistible He said the McLaughlins
and their friends walked up street
peacefully, while the defendants fol-
lowed them, stopped at Duffy's saloon,
and waited for them, saw them pass
and followed them. The only inter
probation of that action was intention
to commit murder, when viewed in
the light of what followed and he
elaborated this idea, and quoted the
evidence of various witnesses, not
ably Kemp, to prove his stand and
theory. Further on Mr.. Meyers said:
Il challenge the defense to show any
provocation except what was said by
the defendant himself l challenge
them to prove that the Mclaughlin
party was lined up in battle array
when these hounds crept up behind
them and shot them in the back. Be-
fore or you have right to take the
life of man we must believe our
own to be in danger, and there must
be no way to escape The defendants
selected good place to make their
attack. They saw they would have
clear field to fire. Frank got away
and Craig got away, but Charley could
not escape. He was in trap. His
life was in danger and he drew his
revolver to defend himself, which he
had a right to do. He could not have
run away; he would have been shot
down.
"Assassinated! That's the word;
assassinated. He was shot at from
behind. The State of West Virginia
does not prosecute for the sake of
prosecuting. 1t prosecutes to discover
who did the shooting and to learn the
facts. 1t therefore places you twelve
men in the Jury and present to you