Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-03

1888, 114O 1t42 MlRKET ST.
man? Aft you had known him as
long as | have, you would have known

man? Aft you had known him as
long as have, you would have known
him, too.
THE COURT ROOM CLEARED.
| Witness said the side of Johnson's
face was toward witness. He saw
Craig run. Charles and Frank Nc
Laughlin were there. Frank ran in
the photograph gallery. Witness said
if Capt. Dovener would see man going
back in his hip pocket he would run,
too. Here the audience laughed, and
the court having many times warned
the audience that order must be main
| tanned, at one minute after three or
dered the sheriff to clear the court
room of all spectators, and this was
done, the trial being interrupted until
it was accomplished and the doors clos
ed. At 3:05 Capt. Dovener resumed
his cross-eXamination.
When witness heard the first shot he
went back through the building and
came out between the saloon and the
parsonage and came out through the
front gate, and it was then he saw
Craig running eat pretty good" clip
The shooting was then all over Wit
ness had never testified before Wit
ness saw James Manly where McLaugh-
lin lay, and spoke to him. The man
who fired the first shot was going from
the middle of the street towards the
curb.
JOHN DUFFY.
Witness saloon was at 1881 Market
street. He knew defendants, and ere
membered them all my life, pretty
nearly" Witness heard of the shoot
ing, went out on the street, and saw
crowd going towards the bridge. Wit
ness went down and saw the wounded
man on the pavement.
Odd you seen the defendant, De-
! vinny, that afternoon, before that? A.
Yes.
Q.-Where? Ain my place of bu-
siness:
Q.-Talking to him there? Ayes.
| Q.-Do you remember what occurred
before he went out? Ale went out
by himself.
Q.-Do you know BENZ. Frazier? A.
Yes
Odd you see him there? A
No; not till that night.
Q.-Was Devinney called out of your
saloon? Ale was called by some
one.
Odd the person come in, or only
come to the door? Ale only came
to the door.
Q.-What did he say? A.-"Come
on, Claud."
Odd you recognize the voice? A.
No.
Q.-Do you know whether or not it
was Johnson? Al don't know.
Witness did not know who was in
the saloon at the time; witness did not
see a man named Boston there.
On cross examination, witness said
he saw Devinney had been beaten up,
and he said the McLaughlins and others
had done it. and he was going to have
them arrested. Witness did not see
Johnson in the saloon.
On redirect examination (cross as
to Capt. Dovener's question as to injur-
ies), witness said he did not know
what else defendant said he was going
to do, and did not know Devinney had
a revolver, but did see his wounds and
ask about them.
Defense objected to Mr.. Towards
question as to the revolver as not be-
ing warranted by the cross-examina-
ton, but before the matter was set
tied recess was taken. When Court
reassembled the matter was argued,
Capt. Dovener maintaining his exam
ination was proper INSTRUMENTATION,
although not refating to matters
brought out in chief, while Mr. Howard
held that the enquiry was not cross,
but direct, and that the State had the
right to cross-examine upon the points
brought out The Court held the State
had the right to enquire as TO facts
| hrn1 oh NV in ho
saloon, but that anything about De
vinney having revolver must come
up in another form. The jury came
back at $50, and Mr.. Howard asked
witness what YVES first said about the
McLaughlins, and the answer was that
witness noticed Devinney's face and
asked who did it, and he said the Nc
Laughlins; he did not say which one
Witness came in from dinner. and
said: 'Ah, ha, you got it" and he said:
Eyes. l got it pretty bad Il asked
him who did it, and he said: The Nc
Laughlins: he did not say which one.
l told him his face looked very bad"
Nothing was said about a revolver, or
about Johnson coming there.
Q.-What was said or done there
about a revolver? A.-Nothing at all.
Q-f1dNe you UOL ISidted COH-
versation between you and Devinney,
and said something about a revolver
in it? (Objection).
Q.-During. that conversation did he
not show you revolver and ask some
thing about it? A.-No. sir.
Odd you not during that CONVEX
sation in your saloon, see revolver?
A.-No, sir.
Odd you go and get your revolt
yer? Al never owned revolver
since have been in that house.
Q.-Did you go and get a revolver?
| A-No, sir.
Q.-And you have been joint de-
PENDANTS in this Court in felony case,
Collection: sustained.)
WILLIAM MCCORMICK.
Witness is county jailer. and knew
defendants; saw them when they were
brought to Jail. but he did not see a
revolver taken from either of the de-
PENDANTS; he had a revolver he obtain
ed from Deputy Kindelberger, in the
Jail Office soon after the men were
brought in; the revolver was just as
IL u-ac than md tho cylinder had not