Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-09
h|u|GAN, NlK|A ( CO.
1888, 1t4O 4 1142 MARKET ST.

took a revolver! I'll leave it to you,
and you, and you, and each one of
you: would you not have done it?
They talk about a knife! If instead
of knife he had had a revolver, and
had shot the life out of Frank Nc
Laughlin and Charles Mclaughlin and
Craig, would he not have been justi
fed, although he was only In danger
of great bodily harm. Are
you going to take the evidence of these
boys, in danger of life and liberty,
corroborated by every one, or that of
Frank Mclaughlin, who tells you one
thing, Craig, who tells you another,
or Lynch, who yet tells you another?
Which will you do? / want
to know if you would send a man to
Jail for two minutes on such testi-
mony?"
Capt Dovener had Mr.. Boyce look
I'D the evidence, and read the peril
nent paragraph, concerning the matter
Of which he was talking. Tell me that
you will rob any man of life or lib
erty, in a case in which you have to go
beyond reasonable doubt, on such evil
dence as that! | don't believe
there is a man on this jury who don't
believe if Frank Mclaughlin or Craig
had not been living, or had not done
what he did-Charles Mclaughlin
would be living to-day, comfort to his
sistersi" who was carrying
revolvers? Frank Mclaughlin, Charles
Mclaughlin and Craig. What was the
excuse? They had to have one, and
they said that Johnson said: I'll put a
hole through all three of you! That
furnished the excuse. James dldn [
have a revolver because he wasn't at
the fight. Why was not James
Mclaughlin put on the stand, except
that he could give no excuse for being
on this side of the river.
Frank Mclaughlin said there were
four persons on the porch, Craig says
there were three, Lynch says there was
no one. Who is right! YOU
are not to guess mans life away, but
must have evidence. Where is the evil
don an 90
At a quarter of nine Capt. Dovener
reached, in his argument, the events
Immediately preceding the shooting,
commencing with the visit Of Johnson
and Devinney to Duffy's saloon and the
evidence of Martin Kemp. Kemp was
handled little roughly, in a smiling
and humorous way, and in doing this
Capt. Dovener said nothing was
said about revolver or give
it to them!'' until witness
got mad at the Captain. The
speaker said: There almost appears
to have been conspiracy in this case
to swear away the lives of these men"
He appealed to the jury to put them
selves in the place of the defendants,
after having been threatened. If the
purpose had been to kill, the shots
would have been in the back, but the
shot IN this case is not in the back.
The shot came from the right, through
an outStretched arm, and into the body.
* If these boys had the DISPOSE
ton, and had approached these men
lined up'-and James Hannah says
something nobody else says-l know
him to be truthful, but he may make
a different statement under excitement
they would have shot in the back,
but no one was shot in the back. -
The shot in McLaughlin's trousers is
on the inside of the left leg. Tell me
who fired that shot" The Captain
thought Mclaughlin shot himself in
the leg as his arm fell, and he also
called attention to McLaughlin's hat,
said the shot in the brim came from
the under side. and could not have
been fired by defendants. rs there any
position you can imagine 'Ghaf4es, Nc
Laughlin to be in that these boys could
have fired that shot?'
The Captain called the particular at
tention of the jury to two men, with
black eyes, and bunged faces, one I'M
able to use his right hand, and with
one revolver, going after four men.
three of whom had revolvers. 1t was
his theory that Craig and Charles Nc
Laughlin fired first, and that one Of
the shots hit the gallery door and an
other the edge of the door frame, and
a third in McLaughlin's leg. and a
fourth in the billboard across the
street.
The silent evidence we have
brought here shows that somebody
fired at these boys, and the shots in
the door and the edge of the door and
in the pants leg show il.
Where is Frank McLaughlins reyol-
yer? Why has it not been produced,
to show he did not fire? Echo answers
why"
Captain Dovener spoke until about
ten o'clock, making a strong EXPOSE
ton of the case for defense, and being
listened TO with the greatest interest
by at least five hundred people. At
the conclusion of his address Court adj
iourned until this morning at half
past nine o'clock, when Mr.. Howard
will close the argument for the State,
and when another large audience will
be present This afternoon and to-
night will be a wait for the verdict