Marietta daily leader. (Marietta, Ohio) 1895-1906, 1898-08-27
The Legal War Proceeds Fought By Both
Sides in Earnest.
COURT CAREFULLY DECIDES OBJECTIO Ms
Friday Taken Up With Examining Eye
witnesses to the Crime. Victims
Clothes identified and Of
fered AS Evidence.

ne LedueT lTOm Udy W udy VIII
give a report of the McSweeney trial
| in a short and concise manner The
story of the murder as being brought
| out in the trial is the same as is
known to all readers of the Leader.
The State is piling up all the damag-
ing testimony against the defendant
that the story of the crime has told
to ALL and it will take strong evil
dence from the defense to crush it.
Interest in the case under trial does
! not seem to be so great as IT was
thought that it would be. The court
room is only partly filled and the aud
ience is a quiet and orderly one.
1t seems that the majority of the cit
zens have but little interest and their
minds are made up as to the guilt or
innocence of the accused and only
care for two points in the trial-the
order of the court and his charge to
the jury and the verdict There is
wide scope Of opinion as to what the
verdict will be and all sorts of ex-
pressions are heard.
A fair sized audience was present
when promptly at $50 Sheriff Meal
lister called for order.
The counsel for the defense imme-
diately took the witness who was on
the stand Thursday evening when
court adjourned and the cross exam
ination was taken up. In answer to
the question When did you come to
Marietta" he stated Il have voted
here twice" mo, mean when did
you move here" Il moved here in
1896" After following a line of testi-
mony which was foreign to the case
for some time, the Court interposed,
and the defense asked, When did
McSweeney board at the same place
with you?" In November, 1897"
The witness stated that on several oc-
casions he heard McSweeney make
threats on the life of Mason and he
was always in a nervous state Of
mind and body. Il always thought
he was out of his mind"
j. L. Guyton was called by the State
The witness testified to being present
at the trial of Morgan McSweeney at
Squire Guyton's office, charged with
incest He heard McSweeney make
threats to kill Mason if be did not let
his, Mcsweeney's, family alone.
Daniel Kerrs, Stone street, West ,
Side, was called. The State here fn- !
ished the cause and motive for the
killing and started to give evidence on
the killing. Kerps testified to seeing !,
Morgan Mcsweeney on the evening of
Jan. 21, the night the murder was
committed, at 0 o'clock, sun time,
He was on the B. & D. R. r. tracks
near the old paddy house at the cor
ner of Pearl street and the railroad /
track. He was alone and standing. /
Witness asked him If he was going |
down the track. He said no, but then
added he believed he would take a !
short walk. They walked along the |
railroad track, talking about work |
-ney proceeded to the Mile Run road
and along that TO the church. Wit
ness asked II he was going to church !
McSweeney said no. Saw McSweeney
again on his way home from church,
sitting on the end of a tie under the
electric light at the end OF Pearl street
Witness stated that this point was a
place where the men and boys Of the
neighborhood collected and talked.
Witness saw Mason on Pearl street,
going toward the railroad and stated
he had something in his hand which
sparkled. Did not know what it was.
Arthur Monroe testified that on his
way home on Jan. Il about nine
o'clock in the evening, he saw Nc
Sweeney sitting oa the railroad track
at the end Of Pearl street. There
were at least dozen people there.
Saw Mason coming along the track
with Mary McSweeney and turn down
Pearl. McSweeney got up and follow.
ed. Did not see them again that
night.
Chas. Harris saw Mason at charch,
also saw McSweeney on the railroad
track at Pearl street. whiting. He
was alone. He saw Mason and Mary
McSweeney, closely followed by Frank
Gilpin and Maggie McSweeney turn
down Pearl street from the rail road.
Saw McSweeney get up and follow in
a few minutes. Saw Mason run back
toward railroad, stagger and fall.
Witness with others ran to his aid,
and helped to carry him ,,n undar IN q