Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-06
STATE RESTED YESTERDAY (,
And The Defense is Now Placing Its
Evidence Before the Jury.

4
THE SESSION OF YESTERDAY MORN
ING A RATHER SHORT ONE-THE
JURY PAID A VISIT TO CERTAIN
LOCALITIES CONNECTED WITH
THE TRIAL-QUITE A NUMBER OF
WITNESSES DISPOSED OF IN THE
AFTERNOON = A SUMMARY OF
THE TESTIMONY BROUGHT IN.
Yesterday mornings session of the
Criminal Court, in the trial of the case
of State v. Clarence Johnson and
hugh Devinney, was unusually short.
The State rested it's case just before
eleven O'Clock, calling but one witness
during the morning, and then the jury
was again taken to the scene OF the
shooting and to the rear porch OF the
residence No. SO Twentieth street,
across the creek from the Terminal
depot, and to the Shorts residence,
further up Twentieth street, from both
of which places witnesses had testified
for the State they witnessed the
shooting or observed persons or Incl
dents connected with it. The trip
over, the jury returned to the Court
House, and recess was taken until
two o'clock.
The first witness called by the State
when Court opened for the morning
session was Thomas Lynch, fireman
at the Belmont. Witness was at Main
and Twenty-fifth streets on the day OF
the shooting, and saw the McLaugh-
Inns, Craig and Young pass up on the
east side of the street. The party
stopped short distance from Twenty
fOW y street. Johnson, Devinney,
Benz. Frazier and two women were at
the Parker block. Johnson was at
the Twenty-fifth street window OF the
house. The Mclaughlin. party turned,
and Johnson shook his fist at them.
Johnson had on a straw hat and
light vest, but no coat. Johnson LETT
and went up Twenty fifth street out
OF sight of witness, and came back with
a coat on, and then he and Devinney
went up Main street. Frazier had
Joined the Mclaughlin party, which
could still be seen by witness when
Johnson and Devinney started north,
following after them.
To Captain Dovener: Witness had
not talked with any one yesterday
about the matter; he was summoned
Monday. When witness first saw the
Mclaughlin party they were north OF
Twenty sixth street. At that time wit
ness did not know Young and Craig.
Witness afternoon was called to them
by his having been informed there had
been a fight Witness was summoned
on the first day of the trial, but did
not report because Clerk Henning had
told him there had been some mistake.
The McLaughlins did not turn around
to look at the Parker block until they
had been called to. 1t was about
twenty minutes after one o'clock in the
afternoon of Friday. The Parker wo-
man was the one who called after the
party. When Frazier started after the
mclaughlin party witness walked to
Twenty-lifth street to see what would
be done. At TwentyfOurth street the
party stopped in response to a motion
| made by Frazier. Witness did not see
Frank Mclaughlin and Young on the
west side of Main street; he would
have seen them had they been there.
Sam Young was brought in, but wit
ness could not identity him as one OF
the party that afternoon. The Parker
woman stuck her head out of the win
dow of the house when the Mclaughlin
party were about forty feet north of
Twenty-tifth street, and motioned for
them to come back. They saw her and
Frank Mclaughlin turned sideways
and motioned for the woman to come
up there. johnson, Devinney and an
other woman were standing in the
window on Twenty-tifth street and
could be seen. Johnson was nearest
to the corner and had his fist clenched
and up. He did not notice whether the
fist was swelled up. The witness said
he was certain that none of that party
can out of the house onto the porch.
The Mclaughlin party stopped for
about ten minutes on the northeast
corner of Main and Twenty-fourth
streets. The witness didn't know why
they stopped there. The last he saw
of them was at Twentythird street.
They were then going on up.
Q.-Don't you know that Devinney
was lying on lounge in the back
room? A.-No, sir; he was not
Q.-Don't you know that Johnson
didn't have hat and that when he
went away he wore Devinney's hat, and
that when he came back he had on a
straw hat? Ale had on straw hat
all the time. I'm sure of it.
The State here rested.
The defence called Thomas Lynch,
but he was not present, and Will Craig
was called. Witness knew Clarence
Johnson and identified him; saw him
| on the night Of Thursday, September
Sth, at Steinackers saloon; they met
! in the yard; Johnson playfully took
witness revolver out of his pocket and
| fired shot from it.
Q.-That LETT six? A.-No, it left
| five.
Didn't you tell the jury yester-
| day that there were only five shots in
it when you got it? A.-No, did not
| Didn't Johnson say it was dan
gerous looking thing? A.-No, he said
he could eat such a thing as that.
Witness knew John Blattner and had
met him at the La Belle landing on the
Thursday afternoon after the fight; but
| he didn't know that he had talked to
| Blattner about his shoes.
Q.-Didn't you tell Blattner you
| pretty nearly wore your shoes out kick
| ing Johnson? Al was not certain
that l did, in fact I'm pretty sure I did
not.
Didn't Blattner warn you not tc
go there? Al don't remember
| whether he did or not. l won't say
he did not.
| Q.-Didn't you tell Blattner you were
| ooino III, ihera To skin TOhnSOnp 4 -