The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-09
CAPTAIN DovENER.

The evening session began at Z
o'clock, and Captain Dovener made out
strong case for the defendants He
used plain language throughout his adj
dress, and held to the theory that the
Mclaughlin boys and Craig were the
aggressOrs in the difficulty At Parker's
block, and the shooting which resulted
In Charles McLaughlin's death
Captain Dovener opened by defining
the various degrees OF murder ard OF
manslaughter. voluntary and unvJlun-
tary, and he Informed the jury that the
guilt of the prisoners for any degree oil
murder or granddaughter must be es-
tablished beyond doubt. II wasn't
sufficient that the preponderance OF evil
dence was IN favor OF one OF the propo-
sltIons.th guilt must be proven beyond
doubt.
What was the cause OF the death of
Charles Mclaughlin? asked Captain
Doyener. death generally regretted. II
vas said bg Johnson that on the even
ing of September Z, that Charles was
one OF three persons who assaulted him.
That Charles Mclaughlin engaged In
the assault on Johnson proved him
guilty OF assassination. for striking
man from the rear Is assassination. The
deceased had gone out Of his route home
that evening, and with Frank and John
Bachman met DevinneY and johnson on
Main street, near the Belmont mill. The
fight was started oy Frank McLaugh-
Inns vile eplthet. followed by one OF the
party striking Johnson. The McEauEi-
lin crowd fled from the scene, which
showed the truth OF the saying that the
guilty flee. The prisoners didn't flee be-
cause they hadn't violated ant iaw,
The Jury mustn't consider the charac-
ter and reputation OF the prisoners.
Captain Dovener next attacked Frank
McLaughlin's testimony as to the meet
ing with James Mclaughlin the night
of the first fight. They met on Thirty
first, and one OF them said, We'll at
tend 10 them" Then at 2 o'clock the
following morning. Thursday, THE
glass not bad at the Central glass
house and Frank found II uppOrtune to
start for the Parker block The captain
asserted that the subsequent meeting OF
Charles and Frank Mclaughlin and
Craig, early Thursday morning was
prearranged and not coincidence.
How was II that Charles and Craig
knew where to meet Frank returning
from the Central. where "the glass got
bad" 50 strangely that eventful MORN
ing. All the circumstances show that II
was Charles, and not james. who was
mixed up In that morning visit. The
captain said that In murder cases II the
defense falls TO prove an abb when 1t
was set UP. the failure Is looked on as
an evidence of guilt. And the state had
failed to prove the alibl claimed for
Charles Mclaughlin, for the fight at
Parkcrs row.
Frank and Charles and Craig had
guns on Friday morning, claimed Cap
tain Dovener. when Craig went mp to
the back porch and asked Annie RILEY
ns to the whereabouts ~ DeVinneH and
Johnson. Craig evidently WAS put up'
to do this. by Frank and Charles who
we're hiding nearby. Craig denied he
had n gun. but Maggie Kahn and Annie
Riley testified otherwise. Now when
Johnson stepped ont he didn't try to
kill Craig. hut merely asked whore his
hat was Johnson had Charley Nc
Lnughlin's hat on, fact which proved
that Charley got Johnson's In the light
previous Md johnson, turning his
eyes from Craig, noticed Charles Nc
Llughlln peeplnR around corner that
Friday morning Mrs. Ferris EWore that
she saw Charles and Frank on the Ter
mimi tracks that day near the hour OF
noon. In striking contrast, Johnson and
Devlnnry didn't 40 around the town
nslslng where the Mcl.auEhilns were. or
n they were at home. or exhibiting pis-
tolls aud making threats as Craig did
After discussing the abatement that
the Mclaughlin brothers went home at
noon, Capatin Dovcncr traced thcl.
footsteps after dinner They went 90 the
La Belle landing, where the cOnvcTs1-