The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-09
MR BoYcE's PLEA.

testimony OF William Craig and Frank
Mclaughlin, with reference to the kick
ing administered 10 Johnson near Par
Ker's row. Mary Adams and Dode Mar
shall and other inmates Of the Parker
block testified that they saw three men
running away from Johnson. after they
had beaten him and DevlnneE.
Mr.. Boyoe said that Devlnney's un-,
conscious condition gave the lie TO the
testimony Of the state that the Nc
Iaughlins hadn't Kicked the Defendants.
Very likely, said he, the attorneys foe
the defense may attack Annie Riley's
,nanner Of life. bur that fact has MOTH
fng 10 do with her telling the truth; be-
sides. she wasn't voluntary witness,
hui was brought here from Ohio and
she told nothing but the truth.
Craig was at the Parker block an
hour or two before the killing Of Charles
Mclaughlin, and Mr.. BoEce said Craig
lied on the witness stand relative TO the
conversation he had with Annie Riley
then and there Anime Riley Bwore that
craig asked her where Johnson and
DeyInney were, When she answered
that she DIDN'T know, Craig said she
lIed. She saw revolver in the hands
az the immaculate innocent" WIN
Craig, held behind his back. Then AM
mite Riley indicated with her fingers to
johnson that Craig was armed and
Johnson kept within doors. Mr.. Royce
emphaticalIv asserted that William
Craig, who knew the effect OF the Con-,
culsion to be drawn from his presence
with revolver at the Parker DOCK 50
close to the hour the tragedy occurred
81. III I
identified Craig as the man Mt the gate,
although she knew nothing OK the
tragedy. The proofs were clear said
Afr. Royce, that Craig didn't have the
gun in his pocket, but had 1t IN his
hands behind his back, so he could use
st on the instant.
johnson not gun from his brother
in-law because on Wednesday night
Charles Mclaughlin assaulted him
without reason. He got a gun because
within twelve hours after that VIII
Craig was inquirlng after the prisoners
and making threats. Annie Riley swore
that Craig used language to her at the
back porch which would indicate that
he Intended to Kill Clarence Johnson or
Hugh Devinney. Clarence johnson
sWears that he saw Charles Mclaughlin
peeping around the corner while Craig
was at the porch. Johnson may have
been mistaken, and the immaculate
Craig" says he didn't see Charles Nc
Laughln there between II ana u
o'clock.
The state In rebuttal seeks to show
that Charles and Frank were about the
Hobbs glass house before noon. and got
their dinner at home. Either Mrs. Fer
rls, Mr., Reldel or Mr.. VIM is mista-
ken. one OF the witnesses says he saw
Charles Mclaughlin on Thlrty-siXth
street at 1906. Mr. Rledel corrpborates
this statement. There was 'discrep-
ancy though, said Mr. Royce, In the
statements of Reidel and VIM relative
10 the conversation OF the McEaughliRs
as to the beating Charles Mclaughlin
received. And Mrs. Ferris testified that
at the hour named she saw Charles Nc
Laughlin going north on the Termina!
tracks, so that either AIRS. Ferris Is
mistaken, or Reidel and VIM are. Mrs.
Ferris IS positive as to the time because
she looked at the clock and It was near
the noon hour. Mr.. BoFCe said there was
conilIctlon beyond his power to recon-
Gle in the efforts to prove an abb TO.
Charles Mclaughlin, In connection
with the scrap" The state had failed
10 establish this alibl, argued Mr..
Boyc4 at some length.
Mr.. Royce then referred 10 the agh.
on Wednesday night, the fight on
Thursday morning and the presence OF
Craig Mt the Parker house Friday at
noon, and he spoke OF the routes taken
by the McLauuhlin brothers. Craig and
Young on Friday. and asked why they
went 10 Twenty-fifth and Main streets
Mt n. m. He said they were hunting
FOR Johnson and DevinRey to do them
up" John Blattner swore that Charles
Mclaughlin had got gun 10 kill clar-
ence johnson at the first opportunity.
Mr.. Boyce disputed Thomas Lynch's
testimony as to what the witness claim.
ed to have observed from his position
at the Belmont blast furnace.
Why didn't the McLuughllns invoke
the aid OF the authorities for protection
against Devinney and johnson instead
OF armlng themselves? inquired Mr..
Boycc. 1t was all right to say they had
appealed 10 the police In vain, but there
were dozen justices of the peace.
Their visit 10 the Parker block the daV
of the tragedy disclosed their motives,
rs well as the long and clrcultous route
they took that dag. The speaker Vehe.
rnently denied the statement that De-
Vinney got gun in Duffy's saloon.
At this juncture Mr.. Boyce and Pros
ecutinE Attorney Meyer engaged IN a
discussion on Martin Kemp's testimony,
Mr.. Boyce claiming that the state was
afraid to inquire into Kemp's veraclty.
The court stopped the repartee, and
Mr.. Royce went on 10 argue that the
jury couldn't believe Kemp on the wit
ness stand. Kemp swore thai Johnson
had said TO Devinney in Duny's saloon.
"there they go; let's give 1t TO them"
Kemp said he repeated this remark TO
Duffy and to Jimmy Manley, but Man
ley swore that he hadn't seen Martin
Kemp that day, and "Stoney" Dufiy, a
witness for the state, also eontradtcted
Kemp. Duffy testified that he never
heard one word OF Kemps alleged
statement. Turkey" Burke who served
the beer TO Johnson and Devlnney, new
eF heard a word OF the statement quot
ed. And greater than all, Kemp. when
called back 10 the stand, swOre that he
hadn't said u word TO Burke about
there they go; let's give It to them!"
The reason Devlnney and Johnson did
not see the McLaughllns until they we're
on the scene OF the tragedy. arguedNMr.
Royce, was because che prisoners wore
their hats down low over their fore
heads 30 as 20 hide the bruises on their
faces and the black eyes they had been
given In their fights previously. Their
first intimation OF the nearness OF the
Mclaughlin brothers and Craig and
Young. was when Craig cried: There's
the -- - -. give n 10 thcmi"
And the state hadn't produced witness
10 show that Charles McI.uughlIn or
Craig hadn't fired the first shot, or that
Johnson had ilsed It. The defense
TLa o1;cLG oovoL ro,,