The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-08

THE FIRST sHoTs-aiR. HOW
ARDS SEVERE cRoss-EXAAl1-
NATION OF THE PAIR.
II is possible that jury in the DeVIn-
nev-Johnson murder trial will retire
tbis evening to consider its verdict, but
q e not probable, neither is It at all de-
sIrable. II is not probable because It
is NOT likely all the eloquence that has
been stored up for their respective I'm
teres.s by Messrs. Dovener and Boyee
and Howard nud Meyer can be mater
ialIzed In one day, and 1t Isn't desir-
able because juries getting case at
The close Of the dag generally do not
give the matter Mt issue the full and
complete consideration that is given
when they retire to consider their YER
dict early In the day: unconsciously,
they would feel disposed to hurry along
10 the point OF a verdict at one sitting
50 as to be relieved of their unwilling
task. SO It Is likely the arguments will
run over into Friday morning, and
probably by room the jury Will have
the fate Of Devlnney and johnson IN
their hands.
The feature OF the trial yesterday was
the placing OF the two defendants,
Hugh Devlnney and Clarence johnson,
on the witness stand in their own be-
half. They told substantially the same
story. and people who feel disposed 90
believe gil they say must come TO the
conclusion that they were cruelty per-
secuted and bounded incessantlv by the
Mclaughlin boys and their friends. The
cross-exaInination of the pair was In
the hands of Mr.. Howard. and It was
severe and of great length. There we're
no fatal admissions, and at points
where the questions OF the states coun-
sci were lnconvenient OF satisfactory
reply. the defendants fell back 0pon
their failure TO remember or to point
blank denials OF what had been
brought out that tended to show the
persecution and bounding were on the
other side OF ithe fence.
At $3.50 O'Clock this morning the
LAWYERS Will have their instructions to
the Jury ready to submit to Judge HUI
gus, Arguments will begin shortly at
ter their presentation. Arguments VIII
be made by all the lawyers Interested,
AIessrs. Dovener and Boyce for the de-
Tense, and Messrs Howard and Meyer
for the state.
CLARENCE JOHNSON.
Court convened for the morning ses-
sion al $50 o'clock The Jury seemed 10
have recovered from that tired feel
ing" with which they appeared to have
been afflicted the evening before. In an
flclpation OF johnson and Dvlnney be-
ing put on the stand in their own be-
half, the court room was crowded to It's
Capaclty Clarence Johnson, who un-
doubleday is the smarter of the pair,
was arst put on the stand. and his ex,
animation and cross-eXamination Iastea
through the morning
He said ne was twenty-nine years OF
age; was acquainted with Frank and
Charles Mclaughlin, but did not know
Craig and Young, companions OF the
Mel, qughNn boys, The witness fret
told OF the Wednesday night night on
Main street, near Twenty-secOnd. He
and Devinney met Charles Mclaughlin
who was accompanied By John Bach
mann, and PLEASANTLY uccosted them.
AtcLaughlin answered with an oath. Nc
IauEhlin, he said, struck the first blow
hitting Devlnney. Then he and Devln-
ney closed In on Mclaughlin, and the
latter knocked Mclaughlin down. De.
Vlnuey got UP when the witness told
him 10 desist. after which they went up
town 10 Aieehan's saloon. Later IN the
night, said the witness, he and his COM
nnnlou got two bottles of beer AZ Bar
tolls saloon, and started for the Parker
block. Yney met Airs. Combs, ana the
witness began to open one OF the bottles
,..fth fhpn gOmp One puU1e
uD behind aud knocked him down. HIS
assallants were Frank and Charles Nc
Iaughlln and VIII Craig, who kicked
MIN as he lay on the ground. CRAIG
4ramped on witness hand to secure the
knife with which he had been opening
the bottle OF beer. Craig also pounded
him with q brick, and his body was
bruised all over as a result OF the as
sault. At this point woman said,
Here comes the police" and after Craig
had kicked the witness in the stomach
his ASSISTANTS ran away. The assertion
that the witness had run after the Nc
Iaughins was untrue. He went Into
Mrs. Combs rooms, where Devinney
and Mrs Parker had already gone. De-
yinney was stretched out on the lounge
ana Mrs. Parker was washing away the
blood on his face.
Continuing the witness denied that
he had Threatened to XIII the McLaugh-
ling II II took MIN twenty years, US al
legged. He had yelled, Don't KICK me-
feilnws. don't Kick me-" AL this Oc-
CURED at 2:30 a. m. on Thursday, the
day before the killing lie and Devin-
ney STAYED indoors at the Parker block
MI of Thursday, until p. m. when the
witness went home for anoather hat his
own having been taken during the fight
with tho McIaughlins ON his way
back to the Parker block hss;opped at
tho Deyinuey home and took n revolver
ne saw there He took The gun for pro-
tectlon against the NIcLaughllns. and
stated he was afraH OF them. They had
beaten him once and he was afraid they
would do II again.
ON Friday morning the witness saw
VIII Craig Witness came out OF Mrs.
Combs hOuse and had. "a coffee pot In
his hand. He asked Craig nbout his
hat. ana craig said, I'm hat you" While
thls was going on he saw Charles Mc-
Iaughiin peeplng around from the cor
nar Of an alley fence near by. Craig
held his hands behind him while talking
with the witness.
Half an hour later. $50 A. m, he saw
Charles Mclaughlin, WIN Craig and an
other standing nj The corner on Main
street They talked OF breaking down
the front door, which was barred With
u poker. but one OF the crowd advised
caution because they might shoot come
"klds." Then they talked OF going
around to the rear ana breaking in the
door there. Thcreupon, the witness
barred the rear door The people on the
outside, however, disappeared without
having made an assault upon the place,
a little later. Ben Frazier came In and
they had dinner officer Bnbh came in,