Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-07
1888, 114O & 1i42 NJ .RKET ST.

| ined the question extensively, and had
| found no authority. AS to instruc-
| ton by the Court, he thought there
| might be postponement, in proper
| case, until the witness could be in
structed as to the nature of an oath.
/ Replying, Capt Dovener said if the
witness was Of material Importance,
the Court should instruct and admonish
the witness. Mr. Howard denied
the statement that there was author
ity for that, and Capt. Dovener said
he could produce them if given time
The Court asked the witness a num-
Der of questions about her family
what school she attended, how long,
where she lived, and so on, the wit
ness answering promptly and intelli-
gently. Witness said if she swore to
tell the truth she ought to do it, and
| If she did not it would be a sin and
she would be punished
To Mr.. Howard, witness said she
did not know what an oath was, but
you ought to tell the truth when you
take it."
Q.-Suppose you don't take it? A.
You ought to tell the truth anyhow
Witness did not know what punish
ment was, but Our Lord" would pun
ish those who committed a sin, and
not to tell the truth would be sin.
Q.-Who do you mean when you say
Our Lord?" A.-Jesus Christ.
Capt. Dovener: That is a question
upon which doctrines are based.
Witness did not know there would
be any other punishment. The Lord
would ich how OFF h,,+ oh
knew of no other punishment.
To Capt. Dovener she said she might
be put in Jail If she did not tell the
truth, and would tell it.
The matter was then argued, Mr.
Howard saying a new rule had been es-
tablished by the Supreme Court in
State VS.. Merchant and that the wit
| ness must have moral and legal re-
sponsibility; the old rule had been alb
rogated. The child at bar did not even
know what an oath was. The court In
terrupted, however, to say it was evid-
emily an intelligent little girl, admitted
her testimony and the jury was
brought in.
To Mr.. Boyce: She lived on Twen-
ty-ffth street before she moved to
Seventeenth street: they lived on
Twenty-fifth street five years, and NOV
ed on Monday she did not know of a
man beng killed, or of a fight near her
house; did not know what month this
was, or last month; lived at No. 20
Twenty-fifth street; she knew Mrs.
Riley; a man was talking to her, and
he had a revolver.
Q-Would you know the man? A
I don't know if l would or not.
William Craig was brought in.
Q-Was that the man? Ayes,
sir; when I saw him he had on a brown
dicer and brown shoes.
Witness said he was out on the pave
ment in front of Miss Annie's, playing
Jumping a rope; he had a revolver
behind him; Il went past him and saw
a revolver, and it scared me- that's all
l know about it,
To Mr.. Howard witness said she did
not know when it was, but it was sum
mer time. Il think it was last sum-
mer; | said nothing about it; l did not
tell Mrs. Riley; l didn't tell no one
about it; / told my mother that day
and she told me to hush up; l told her
right after I saw it; | never talked to
my mother about it any more, nor to
any of these men; the man came to the
door and gave me the summons; | don't
know the man; would know him if |
saw him; he said: There is the sum
mons, you're Witness I told my
mother l was a witness; the man told
me to come up to the Court House at
half-past nine: there was no one there
but me and Miss Annie and the man:
Mary Anderson was not there; she is
black: she lives across from us: I would
have seen her if she was there; no one
talked to me; nobody did: Mary Ander-
son got a summons; | got my summons
first mamma got me ready. and / went
to Mary Anderson, and she took me up;
did not talk to her; we were up stairs
two or three days.
To Mr.. Boyce witness said he never
saw Capt. Dovener or Mr.. Boyce before
Mr.. Howard then moved to strike out
the testimony: overruled
MARY ADAMS.
To Mr. Boyce: Witness lived at No
IA Twenty-ifth street, over Mrs
Combs; knew Johnson, but not Devin-
ney; did not know the McLaughlins or
Craig; remembered the shooting, but
not the time: heard it on the day. dur
ing fair week; knew off a fight on
Twenty-fifth street. the morning be-
fore; her attention was attracted by a
woman crying; got up and looked out:
three men were fighting; did not know
them at the time but the man she after
ward found out was Johnson was on
the ground: he was not exactly lying
on the ground, but they had him down;
did not see them kick him. did not see
Devinney.
To Mr.. Howard: Did not hear
Johnson say a word: last she saw Of
him he was standing On the pavement:
he went in the house: did not hear a
word, or see any one strike him or kick
him: witness was with Dode Marshall:
had lived there over a year: knew
Johnson three or four years; made her
living by prostitution.
To DoveDer: That does not effect
my telling the truth.
THOMAS M'GANON.
To Dovener: Knew Frank McLaugh-
lin: on the day of the shooting witness
saw Frank and Charles McLaughlin
at Ford's crossing: they told witness
they had trouble with Devinnev and
Johnson: they made no threats: 81 told
them they had better stav away from
Devinnev and Johnson: they made no
reply: 1t was in the afternoon: I saw
the corpse go down afterwards: the