Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1898-12-11


THE CASE WILL BE LONG DRAWN
OUT IN ANY EVENT, AS COUNSEL
| FOR DEFENSE WILL EXHAUST
EVERY LEGAL MEANS AT COM
NAND TO GET A NEW TRIAL.
| AS upon Friday night, the chief topic
for discussion throughout the city,
yesterday, was the verdict in the case
of State v. Clarence Johnson and Hugh
| Devinney, for the murder of Charles
Mclaughlin. There was very little
comment upon the nature of the YER
dict, but many expressed surprise that
it should have been arrived at SO
quickly, this largely arising from the
| fact that in serious trials in this coun-
ty it has generally taken the jury
couple of days to reach a conclusion
ent case the speedy verdict was facil-
itated by the fact that the entire jury
! was for conviction in the first degree,
| and there was but short discussion
as between the extreme penalty of the
| law and confinement in the peniten-
tiary.
Friday evening the prisoners were
visited in Jail by their counsel, and
| yesterday morning when the Criminal
Court met, Mr.. Boyce again met them,
Captain Dovener being confined to his
room by a bad cold, symptoms of
| which made themselves manifest dur
| ing the last few days of the trial.
| When Court convened Judge Hugus
| called up the motion for new trial,
and Prosecuting Attorney Meyers an
nonced that the State was ready to
proceed, but Mr.. Boyce asked for
| delay until Captain Dovener could be
present. The Court then allowed the
| matter to go over until Monday. 1t
was thought at the Court House yes
| terday that arguments on the motion
would not be made at this term of
Court, but that on Monday the Court
| would simply designate a day of the
January term for the hearing. If this
is done, Captain Dovener will probably
leave for Washington Monday night.
| In the event that new trial is refused
by the Criminal Court, the defense will
appeal to the Circuit Court, and if
again refused, will then take the case
to the Supreme Court of Appeals. Mr..
Boyce, of counsel for defense, stated
yesterday that the matter of a new
trial would be pushed energetically,
and that every resource or the law
would be exhausted on behalf of the
defendants. Counsel naturally feel
| that the verdict was an excessive one,
| and equally naturally, will put forth
all their efforts to have it annulled and
a new trial awarded. To this end an
| extensive bill of exceptions will be pre-
| pared, much of it's contents relating to
| the address to the jury by Hon. John
A. Howard, of counsel for the State
| The record in the case will be a
voluminous one, as seventy-four wit
nesses in all were examined
During yesterday Mr.. Devinney, faith
er of one Of the defendants, called
upon his son at the Jail and had short
interview. Enquiry at the Jail last
| evening resulted in the information
| from William Eaton, one of the pris
| oners, that the defendants had been
| very quiet throughout the day, having
little to say to any one or to each
other. The deputy jailor on duty said
the men appeared to take the situation
| allied the serious position in which
| they were placed. The prisoners will
be brought into Court again Monday,
when the matter of the new trial will
come up, and there will probably be
quite a large attendance of those who
have taken an interest in the case from
| the first, and who crowded the Court
room each day of the long trial
| In the regular course Of events moth
! ing definite can be done with the case
for some time, and even if a new trial
was awarded by Judge Hugus, it would
| scarcely take place before February.
! If refused, and the matter should go
on through the Courts, it would posi-
| bly, be midsummer before final de-
cision was arrived at, and then, if the
new trial was awarded, it would drag
| along until next fall, eight or nine
months away. In any event, a consid-
cradle amount of time must be con-
| sumed.
| We haze q line of handsome brooches