Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-01

TO De argued the jury would De sent
out. Mr.. Howard said that was the
thing to do, and the jury accordingly
retired and the point was argued, by
| Mr.. Howard for the State, and Mr..
! Boyce and Capt. Dovener for the de-
! tense, certain South Side robbery
from the person figuring prominently
in the matter, and the State held that
it lead up to the motive because a COM
munication of the fact of this robbery
to Officer Bero led to threats by the de-
| PENDANTS. The objection of the de-
tense to the opening statement by Mr..
| Meyers was overruled, but the Court
reserved it's decision as to the general
| question of motive. When the jury
returned the members were admonish-
| ed they should pay no attention to the
remarks of the Prosecutor, as to acts
of lawlessness by defendants prior to
| the murder.]
| Mr.. Meyers then proceeded with his
statement, covering the matter Of the
imparting of the fact of the robbery
to Officer Bero by Frank Mclaughlin
in a general way as affording a mo-
tive for the subsequent fight on the
! South Side, in which one of the Nc
| Adu6AilA . do OCdICA up w ShO AO"
| PENDANTS, and then to the following
murder. He dwelt upon the fact that
defendants followed the McLaughlins
| and their friends around for a purpose
which was carried out, and then gave
| the jury the usual quotations from the
| law, holding that the shooting must
, necessarily have been a wilful act OF
deliberate murder and that the State
| would be able to establish that fact
| by evidence, and would ask, after the
| evidence was in, verdict OF murder
/ in the first degree. Both men were
| equally guilty, because the State would
| show that both men fired at Frank
| Mclaughlin and that both harbored
| the same murderous intentions in their
minds; but he pointed out that even
! if this were not true, in law the active
| accessory was just as guilty as the
principal, and was liable to the same
punishment. 1t made no difference
who fired the fatal shot-bOth were
| equally guilty.
Capt. Dovener made the statement
| for the defense. At the outset he said
| he would not criticize the duty of the
jury. They had been sworn to do their
| the case, to hear and weigh the evil
dence, and form a judgment upon that
| evidence. One story, he said, was
very we'll told until another was heard.
Months had elapsed since the crime,
! and the mouths of the defendants had
been closed in Jail, while he who was
really praticeps criminis to the muir
| der had been going about the city, tell
| ing his version of the case. The Cap
tain referred to the robbery two years
ago and it's knowledge by Officer
| Bero, and said Clarence Johnson had
| not been within one hundred miles Of
| Wheeling from the December before
! the robbery to the May following, and
| that when Devinney was brought be-
| fore the man robbed, he said he was
not the man. There was a motive,
| however, and it would be shown. On
one Sunday Devinney went across the
| river with a woman named Parker, in
a skiff, and were sitting under the
willows, when the McLaughlins fol-
| lowed, and tried to get the woman
| away from Devinney. She would not
go with them, 'and there threat was
made Well get even with you the
next time we meet" Two weeks af-
| forwards Mclaughlin met Devinney
and Johnson. Both the latter spoke,
| when Mclaughlin said: go to hell"
Devinney turned around, as the men
had passed. and Mclaughlin said
come back and I'll give it to you"
Johnson went back and struck him,
and they had fight. This was Sep
| TENDER 7, 1898, at D. M Mclaughlin
| 10
| street, where Devinney and Johnson
were generally found. The Captain
| then detailed visit by Devinney and
| Johnson to house on Twenty-fifth
| street, where they met Mrs. Combs
and the Parker woman, and remained
| there until 2 a. M, and when they were
| leaving, VIM. Craig and Charles and
| Frank Mclaughlin came across the
| street, having lurked around that
house waiting for defendants, and
standing there without defendants
| having a knowledge of them. Both of
defendants were knocked down, and
were kicked by all three men. I1rs
Annie Riley put her head out of No
| Is Twenty fifth street, and saw the as
sault and hallowed murder" and
! ''police!" while the McLaughlins and
Craig said they would beat the life
| out of defendants, and the words give
! it to them!" were used. One of the
| women ran for the police, and then she
| saw Craig run TO the middle of the
street and get rock to best the pros
! trate men. The wounded men were
| taken into the house, and there re-
manned until Thursday morning. and
| Craig again came on that morning.
about half-past nine, with revolver
| in his hand behind his back, asking for
| defendants. That night Johnson skip
ped out, borrowing hat and going TO
| his home, and he picked up revolver
| and put it in his pocket, because his
| life had nearly been beaten out of him.
| He went back TO the house, and as he
| started to go to the yard, Mrs. Riley
motioned him to go back, for his enc
mics were still watching for him, and
! he went into the house and fastened
/ the door with poker. While in the
| house, after the fight, they told Officer
Babb as soon as they got out they
would appeal to the law and have the
McLaughlins and Craig put under
| bond. These three men and Sam
Young waited about the Twenty-tifth
street house and motioned to the wo-
men to put defendants out, that they
might get at them. On the day OF the
] L