Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-08
character and previous crimes Of de-
PENDANTS, laid aside earlier n the morn
ing. The matter was argued. and then
Court adjourned until p. m.


At the opening Charles Seamon was
sworn for defense, instructed not to
talk, and excluded; he was not called.
Evidence as to other crimes was ruled
out.
Clarence Johnson then resumed the
stand.
To Howard: Witness knew Charles
Mclaughlin and Frank to see them,
but did not know James; had never
had any dealings with or talked to
them before the trouble; called Devin-
ney out of Duffy's before the shooting;
was never on the front porch of Mrs.
/ Combs in my life, to my knowledge;
was not on that porch in fight with
Van Mort, two years ago."
Odd you not testify about being
on that porch? Ayes, and I say l
was never on that porch; you asked me
if l ever had any trouble with Van
Mort ON that porch, and / said / did
not, and didn't.
Odd you not testify on your oath,
on another occasion, or the subject Of
a fight between you and Van Mort, at
the Parker block? Objection; sus-
tained)
Odd you not testify. on another
occasion, that you cut Van Mort on
that porch because he pulled OFF a
part of that porch to hit you with ?
Al never cut Van Mort at that
porch. objection; sustained.)
Odd you or not, testify, on oath,
about that matter? objection. sus-
tained.)
Q-Are you saying now, On your
oath. that you didn't testify that you
cut Van Mort on that porch, or are
you testifying that you didn't cut him
at all? objection; sustained.)
Didn't you break Pot Clues leg
at the Parker block? objection; sus-
tained)
Q.-How many times have you ap-
peared as a witness in this Court?
/, objection; sustained)
Q.--Were you not witness for Hugh
Devinney, this other defendant? A
No, sir.
Q-Were you not a witness and
didn't you testify in a case when Hugh
Devinney was being tried for felony ?
A-No, sir. objection; overruled.)
Q.-Were you not witness in this
Court, and didn't you testify in a fell
ony case, in which his brother, Jack
Devinney, was being tried? (Objec-
ton; sustained.)
Odd you testify in a case when
Stony Duffy was being tried? Job
lection; sustained.)
Q.-Where were you Tuesday night,
before the trouble? Al don't re-
! member.
Q.-Is it not true that you were down
Of bo ,;u hon
who was afterwards robbed there? A.
No. objection; wrangle; sustained.)
Q.-How many times have you been
in this Jail? About three times.
Q.-Have you not been in this Jail
more than three times? Al think
not.
Q.--How many times were you in the
old Jail? Advice.
Q.-Is it true you were in the old Jail
before you were twenty years old? A.
Yes.
Q.-You were raised in the neighbor-
hood of the Parker block? A.-No.
Q.-You were raised in the Sixth
ward? Ayes.
Q.-Below Twenty-fourth street? A.
Yes
Q.-You and Devinney have been as
ISOLATED since boyhood? A.-No; we
were not associated much together
my sister is married to his brother;
during the past three or four years we
have been good deal together, around
the corners from the middle of June
to September, | was in Mrs. Combs
house several times; he was there two
or three times; we were not there all
night frequently.
Q.-Isn't it true that for ten years.
since you were nineteen years old, that
you and Hugh Devinney, and Jack De-
vinney, and "Stony" Duffy, and Sim
my" Larue, and Andy Gavin have been
close associates? A.-Yes; and dozen
others; they were all raised down
there; some l associated with, and
some l didn't.
Q.-Do you know the man Kalk-
wright, who is said to have been rob-
bed at Twenty and Main
streets? A.-No, sir.
Defense objected, and Mr. Kalk-
wright, whom Mr.. Howard had asked
for did not come in.
Q.-You have been in this Jail with
the other defendant, Hugh Devinney,
before this shooting? A.-No.
Q.-Were you ever in the old jail
with him? A-No.
Q.-Were you in jail with Jack De-
vinney? objection; overruled.)
Q.-Isn't it true that on January 8,
1898, you were indicted by the grand
jury for felony? Collection; sus-
tained)
Q.-You have been twice in this
Court, in Jail, on a charge of felony.
haven't you? objection; sustained
HUGH DEVINNEY.
To Boyce:-Witness described the
fight with Charles Mclaughlin. at
Twenty-second and Main streets, at the
time Charles was with John Bachman.
and Charles Bachman said Go to
hi" Il asked him what he meant.
and he said: Anything you WANT he
hit me and staggered me; and we got
into it; we saw a crowd coming and
we thought the police were coming.
and We ran; they took our hats. and
left old ones; I saw them no more that
night; it was Wednesday night about
nine o'clock; we went up town and
stayed until about twelve o'clock: we
went down to the Belmont mill. and
got drink, and then started up Tween
ty-sixth street; we went to Bartollis'
saloon; I stayed outside, and Johnson
went in and got two bottles of beer
and some sandwiches. we want IN III