The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-01

Yesterday afternoon at 1880 O'Clock,
the trial Of Johnson and Devinney,
charged with the murder Of Charles
Mclaughlin had advanced to the stage
Of taking testimony, but Judge Hugus
at this point adjourned criminal court
until this morning at . o'clock. The
first witness this morning VIII be DR..
W. c. Armbsecht, the county physician.
who made the customary examination
Of the body just after the killing.
During the day, much was accom-
plished The striking Of the jury came
frst followed ~ the conducting Of the
jury to the scene Of the murder and
other places which will have a connec-
tlon through evidence to be introduced
by both sides. In the afternoon, the
opening statements were made by
counsel for the state. by MessrBl Meyer
and Howard and for the defense by
Captain Dovener
The striking Of the jury resulted In
the following eight names being struck
OF: Daniel Walton, Joseph Straub,
Frank Porter, A. s. Bell, G. L. Shook,
Caleb Sylvis, S. B. ullun and P.
Daugherty.
This left the jury Of twelve as fol-
lows: Edward Ramp, ]. P. McCam-
mon, George Oldham, II. C. Smith, Day-
I'd Wilson, Jacob Otto, NorYal w.
Pogue, Charles Becker, Joseph s.
White. John Hercules, w. II. Kasley,
and F. ]. Kenamond.
The Judge, jury, court officials and
counsel for both sides then personally
inspected the several localities in the
city that have q bearing upon the mat
ter at issue. First, the scene of the
killing, on Market street near the creek
bridge, was visited. Then the Parker
block, at the corner Of Main and
Twenty-flfth streets, South Side, was
looked at. The inspection was finished
at noon, and further consideration was
postponed until 2 p. m.
THE AFTERNOON SESSION
AT the afternoon session, the Wit
nesses were called and sworn. They are
as follows:
For the state-Frank Mclaughlin,
Sam Young, WIN Craig, Peter Corner,
III. Gump. John Charleston, John NJ.
Short, g. B. Caldwell, L. G. Nixon,
John u, Henry. James II. Hannah, II.
II. Alexander, q. NJ. Gill, Henry Deir-
niger p. sDaiier, J. q. Powell, Theo
Bsinkmeger, Ed Hughes, VIII Brlce,
Lizzie Foley, Gussie WillSie. W. B,
Strong, Jacob Taylor, Pet Ritz, Mrs.
Whitney, OF Pittsburgh; Laura Scrog-
gaHis. George Conrad, Ed Moore, Albert
KunIkle, Charles Carrigan, John Long,
Abe Boston, Ed, Kenny, Bernard Nee
han, Louis N. Britt, Clarence Belle
. vile, DR.. Armbrecht, John Flading, Carl
Dehner, A. I. Kurner, r. II. Theirs,
Louis Theirs, Andy Robinson, Fay
iShsiVer, John Bachman, Elzie Duncan,
Henry Knopp, Richard Boeckner, Ed
ward Falstick, Thomas Lynch and Pee
ter Conner
, For the defeuse-AIrs. Joseph Combs,
Mrs. Emma Parker. William n. Hand
Ian. Anna Riley. Thomas Mccain, Ed
ward Daily, Bert Frazier, James Mons
roe. Thomas Coffee, Meta Neuhardt,
Thomas Burnett and Patrick Conley.
The first statement OF the case to the
jury was made by Prosecuting Attorney
W. G. Meyer, whose sketch OF the
events leading up to the murder, was
graphically told. After leading up to
the point when the attack on the Nc
Laughlins began in front Of the little
photograph gallery on Market street,
the prosecutor stated that the first shot
was fired BY Devinney, and then john
son swung out into the street opposite
Charles Mclaughlin, firing rapidly as
he went The McLaughlins were at
tackled without provocatlon, and after
the murder Devinney and johnson
walked unconcernedly away, nobody
daring to interfere with their move-
menta. The motive that actuated the
pair was revenge. In this connection,
4 a., ,stU
the jury the bad reputation OF the de.
fendants, but the court interfered, and
after long discussion during which the
jury was removed, the court held 70 its
view that such matters were NOT od-
nissible in the statement TO the jury.
Continaa1g, Mr.. Meyer told of threats
made by Devlnney and Johnson TO do
bodily harm 10 the Mclaughlin boys
and their associates. 1t was commended
that Devinney and Johnson had been
guilty Of murder that was premedita-
TED.
CAPTAIN DoyENER SPEAKS.
For the defense, the statement was
made by Congressman Dovener, He
commended that the trouble between the
parties was started through the at
tempts Of a Mclaughlin to take wo-
man from Devlnney.
Captain Dovener detailed at length the
events OF the day that led up to the kill
ing OF Charles Mclaughlin. The Me-
Laughlin boys and Wilhnm Craig, he
claimed, laid in walt for Devinney and
johnson and knocked both OF them down
and began kicking them; this was at
the house on Twenty-tifth street.
This deed was done by the good boys"
spoken of by the prosecution.
Again, on the following day, Thurs
day, the McLaughlins went to this same
place, hunting for johnson and DeVin-
ney. johnson slipped out of the house
and went TO his home Friday morning,
for a hat and at the same time secured
a Observation-Disclosures to officer Devlnney,
Going back TO Twenty-hfth street,
johnson went inside, but was seen by
VIII Craig. These boys asserted their
Intention while in this house to invoke
the aid of the law against the four who
held them prisoners, Brigham Young,
Frank and Charles Mclaughlin and
William Craig. on their way to police
headquarters they met the mclaughlin
crowd, and II would be proved that Will
Craig fired the first shot and Charles
Mclaughlin fred the second shot. The
state would prove justification and self
defense for the prisoners. II this Is
shown TO be true, or shown beyond rca-
sonable doubt, It will be the duty and no
doubt the pleasure OF the jury to find
these men not guilty.
HOWARD FOR THE STATE
Mr.. John A. Howard followed for the
state The jury had been taken 10 the