The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-09-15


witnesses for the state, but only sufil-
Client were called for the purpose Of
holding the two prisoners The two
principal witnesses were Constable John
Short and James Hannah, the Market
street cigar man, and the testimony Of
shorts was in conflict with that OF
Humans regarding the man who fred
the fatal shot.
officer Short repeated his previous
statements that when he heard the
shooting on Market street, and turned
around to whence came the reports, he
saw johnson out in the street, Jump
ing around and firing at man on the
pavement" Mr.. Hannah was positive
that he saw the revolver in DevInney's
hands, raised to fire, while voice he
supposed was Johnson's, cried, give It
to him" The other Witnesses were DR..
Arpbrecht and Mr.. Conan. Their evil
dence had no bearing as to the identity
OF the man who ended Charles Nc
Laughlln's earthly career.
The prosecution was conducted by
Prosecuting Attorney W. C. Meyer, who
was aided by John A. Howard. The de-
fendants' counsel was Sam o. Boyce,
who was assisted for the occasion by
John B. Wilson. the latter merely tax
ing notes for Mr.. Boyce's benefit.
At $50 o'clock, Jailer Mccormick
brought in the prisoners. Devlnney be-
trayed signs of nervousness Johnson
being cool as a cucumber. and their
countenances still bore traces Of the
fight with Mclaughlin, day or two
previous to his death. They sat to-
ge.her, at the foot of the table used by
the reporters and Messrs BOyce and
Wilson. Justice Dunnlng sat at the
head of a "round table" around which
were clustered the lawyers for the pros
ecutIon and stenographer schrader.
SHORTS TESTIMONY.
John Short was the first witness call
ed. He was asked the usual preliminary
questions by Mr.. Meyer as to his busi-
ness, his knowledge of the prisoners,
etc. Mr.. Short said he saw the prisoners
on Market street, near the creek bridge,
September Q. His attention was called
to them by the sound of shots. He saw
Johnson out In the street jumping
around. Mclaughlin was firing also.
johnson shot until Mclaughlin fell.
Later Johnson walked to Devlnney, and
gave the revolver to the latter. The
men then walked down South street.
The witness was standing in front OF
Fishers foundry. He heard two shots
before he turned around and gazed on
the scene Of action. Devinney was on
the pavement, johnson in the street.
witness saw Johson firing. Witness
was certain he saw johnson fire two
shots, He saw him firing At man. and
the man firing also. Didn't know the
man was Mclaughlin until later. The
man ON the pavement appeared to be in
distress, and wasn't standing erect
He fell near the street car pole on the
pavement in front of Brinkmyer's pho
tograph gallery. Witness wasn't GER
tain how many shots were fired. He
had made no examination Of the bill
board or fence to ascertain where bull
lets struck,
To Mr. Meyer, ohcer Short related
other testimony. most Of which he gave
a. the coroner's inquest. He saw De-
vlnney put the revolver in his pocket,
after johnson handed 1t TO him. Wit
ness left the east side OF Market street
to very near where the men stood. Wit
ness went into Mehen's saloon, got n
revolver and followed the prisoners, but
los. sight of them until ne saw them
in the jaIl. Witness didn't see Devln-
ney do anything with the revolver after
johnson gave It to him. Witness reach
ed the county jail before prisoners were
locked up. He didn't examine Nc
1aughlln's condition closely; noticed a
stream of blood flowing from his mouth
Witness again stated he didn't know the
number OF shots fred.
Attorney Boyce them cross-exnmined
the witness, first asking him as to his
certainty as to the time OF the tragedy,
about 2:S0 y. m. Mr.. Short was interro-
gated as to the number OF shots hred. he
again dIsciniming dednite knowledge.
McT,auEhlin's position was opposite
where the billboard and photograph
gallery connect. Johnson was In the
street when witness turned around.
Witness frst saw johnson, and then
MCLAUGHLIN, both uEng revOiverS.
Witness didn't see either Crnlg or
Young, or Frank Mclaughlin. Devln-
ney stood ten or fifteen feet on tho pave
ment, north Of Mclaughlin, and look
ing at the shooting going on. witness
got fun view OF Devinney and didn't
see anything In his hands, The nnalr
occurred so quickly that wltnes9 could
not tell how long he stood before he
walked across the street. Devlnney and
johnson started north. Witness saw
Mclaughlin faN on his shoulder and
face. There were no distractions be-
tween the witness and the participants.
Don't you know Mclaughlin never
fell. Mfr. shorts?"
mo slr,' answered Mr.. Short, ~
know nothing OF the kind"
Witness again stated that Johnson
walked from out In the street. to tho
west side OF the pavement, where he
Joined Devlnney, johnson handing DE-