Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-03
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and Examined it, for future testimony.
The Sheriff was then placed on the
stand and stated the condition Of the
weapon. He stated he found three
loaded cartridges, as follows: One at
the trigger. and going around to the
right, one blank cartridge, two
cartridges, and blank making five
chambers in ALL The revolver was
marked .32 calibre, and had a chip
broken off the right side of the handle.
1t was double-action Smith & Wesson
revolver.
MARTIN KEMP.
This was another very important
witness for the State Witness was
employed as a bartender at Duffy S,
and was on the curb outside at the time
of the shooting. Witness walked down
and saw the man lying on the pave
men, and came back up; he had known
both defendants 'as long as I knew
myself" Witness saw Johnson at the
Duffy saloon door and saw Devinney
come out; Johnson called him out. He
said: Come on, there they go; lets
give it to them" The Mclaughlin
boys were then at Haley's corner, on
the south side of Market street. Wit
ness knew the Mclaughlin boys when
he saw them, and saw them go down
the street. When the Mclaughlin boys
passed Duffy's, Johnson was IN Stops
door, looking in the saloon. Wniie
Johnson was looking in next door, the
McLaughlin,s passed and Johnson saw
them, and ran to Duffey's and called
Devinney out, and said There they
go, let's give it to them" and then
they started down after them.
On cross-examination, witness said
he didn't just know the Mclaughlin
boys, but everybody said it was them.
He thought there were four in the
party, but he was not sure. At Capt.
Dovener's request, Frank Mclaughlin
was brought in, and witness said he
was one of the men he saw pass Duff
fy's. Sam Young and VIM. Craig We're
also brought in; Craig was promptly
identified but witness said although he
knew Young, he did not know mis-
name. All three were in the party,
however Nothing was said by the
party to Johnson or by Johnson to the
party, when they passed. When john
son ran to Duffy's and called
te Devinney. Witness said moth
ing, but he told Duffy there
was going to be trouble down
there. Witness was only summoned
as witness yesterday. When witness
told Duffy about the trouble he ex-
pected they all went out in the street.
Witness supposed if the parties had
met at Duffy's the trouble would have
occurred there. Witness happened to
say, in reply to a question: IF | was
going down street, and you were be-
hind me, l would not know YOU
Capt. Dovener-And l wouldn't want
you to know me-if it was dark.
Why"
Because something might happen"
ooh, don't think there would"
Witness was on the pavement be-
cause he had just come from home.
Johnson was looking into Stops
saloon when the party passed; they
kept on going; the door sets in, and
Johnson was in the recess, and when
Johnson turned around the party Of
four were about at the railroad track
on Sixteenth street, or over by Healy's,
and were going on down. Johnson
ran to Duffy's and called: "Come on,
there they go; we'll give it to them"
Devinney came right out. Nothing
was said, but the two started down,
walking, Eat a pretty fair walk" Wit
ness could not say just how far the
party were down the street when De-
vinney and Johnson started. II saw
enough just outside the door to excite
me-"
Q.-What did you see? ADO you
want me to tell?
Q-Yes? Al saw Devinney give
Johnson a gun.
Witness said that took place outside
of Duffy's saloon. Johnson said: Give
me the gum" There were lot of
other people on the street at the time.
Witness did not think he knew l.. G.
Nixon, at least by sight. Il told Duff
fly there was going to be trouble down
there, for l saw Claud give Bandy a
gun, and then Duffy walked out and
looked down the street" There were
two or three parties in the saloon
when witness told Duffy, but he did
not remember who they all were He
thought James Manley was there, and
might have heard the remark. Some
I of them went out and down street.
Witness didn't speak to defendants.
Ou I6ulItCJ WilIl0SS Sdiu
Duffy's was the fourth door from Six
teenth street, and Stops saloon was
next south of Duffy's. Witness didn't
speak to Devinney and Johnson, for
reason, which he was not allowed 70
give, the objection of defense beis &
sustained
FRANK M'LAUGHLIN.
Witness was brother of the dead
man, and was the oldest of the family,
glass blower by occupation, and wol ksd
at the Central his brother Charles
worked at the Crystal; there were
three sisters-six in the family in all.
Witness was at the scene of the shoot
ing, and Craig and Young were with
witness and his brother; James Nc
Laughlin was home in bed. The four
had walked down Market street, some
times changing positions, but at the
time of the shooting Charles and Craig
were in front and the others a few
steps behind.
Odd you know the defendants
were nearby? A.-No.
Witness said the first thing he knew
some one said: Put it 70 them" he
looked around and saw Johnson with
revolver, and ran into the gallery and
tried to get into the dark room. There
wac n man in there and witness ran