The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-02-10

Hugh DevInney and Clarence Johnson
have been sentenced to hang for the
murder OF Charles Mclaughlin. The
date of their execution, fixed by Judge
Hugus. of the criminal court, is Friday,
June Q. 1899.
However, 1t Is possible the execution
will not occur on that date, for the de-
Tense Intends making every effort In the
higher court. First they will prepare a
bill OF exceptions that will be presented
before the circuit court OF this county,
and IL that tribunal does not reverse
Judge Hugus by granting the new trial
demanded. Messrs. Dovener and Boyce
will take the case up to the West Vir-
Gin!a supreme court Of appeals. These
proceedings mag not be completed in
the period ending June . next, and in
that event the criminal court will be
asked for q stay of execution, which, OF
course, will be granted readily, as there
is no desire on the part Of Judge Hugus
to place any obstacle in the path of the
defense in their cndeavor to save the
necks OF the two Young men who have
been convicted and sentenced to the eX-
IRENE penalty for the murder OF Charles
Mclaughlin in this city last September
Very Impressive.
Very impressive was the scene in the
criminal court chambers yesterday at
ternoon, shortly after O'clock. when
the decision in the Devinney- johnson
new trial motion was scheduled to be
pronounced by Judge Hugus. The prls-
oners, Clarence johnson and Hugh De-
Vinney, were brought into the court
room by Sheriff Richards. and topk the
seats they occupied SO many days dur
Ing that trying trial few months ago.
which ended in their conviction. They
were apparently Indifferent 10 what
might be Judge Husus' decision. and
doubtless had been told there would
likely be no reversal in the criminal
court at least, and that thei:. hope was
in either the circuit court or court Of ap-
peals.
The court room contained few specta-
tors, and these were mostly city and
county building officials who had learn
ed only half all hour before that the
judge would announce his decision on
the new trial motion. For the state,
Prosecuting Attorney Meyer and Frank
". Nesbltt were present. and for She
defense Congressman Dovener and Mr..
Sam Q. Boyce were on hand TO care for
their clients interests.
There was delay OF 4 few minutes
owing 10 the absence Of Mr.. Boyce. but
at 3:15 he arrived, and then the judge
began reading his decision on the de-
lenses motion for new trial. Almost
from the opening sentence it could be
learned that the motion would be de-
MED. 80 When TIC court in conclusion
formally overrulci the motion there was
no surprise cvinced by prisoners. law
yers or spectators. Judge Hugus' decis-
ion In detail is given below.
At the conclusion Of the decision.
Judge Eugus turned to Devinney and
Johnson and requested them to stand
up, and then asked their If they had
anything to say that would tend to
show cause wig sentence should not be
passed upon them.
Nothing TO Say.
As usual, Johnson was the spokesman
for the pair. He said:
Nothing at this time
Then the judge passed sentence upon
the two men. which was that they shall
be hanged Ii the county Jail OF Ohio
county on Friday. JuneZ9. 1899. As he
pronounced these fateful words. Judge
Husus was visibly affected. but so far
as could be seen. neither Johnson nor
Devlnney showed any emotion. George
Devinncy, Il brother Of Hugh. VINO was
present, showed the emotion he felt.
The courts language in passing SEN
tence upon the pair, Is given in full
elsewhere.
After sentence had been pronounced,
the prisoners were returned TO the coun-
~ Jail, but were brought back into the
court room ut the request OF Judge Hu-
gus when Captain Dovener had stated
lIe!would have something to say in re-
gard to stay OF execution. Upon their
arrival. Captain Dovener said it would
probably be necessary to ask for q stay
OF execution before the defense had cx-
hausted every legal effort to save their
clients, and It was agreed 10 that when
eyer 1t is found necessary the criminal
court will grant the stay.