Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-01-05

Clarence Johnson and Hugh Devinney,
convicted of murder in the first de-
gree for the shooting of Charles Nc
Laughlin, on the 9th of September last,
were resumed before Judge Hugus yes
terday morning. Captain Dovener, of
counsel for defense, was the speaker,
and his address to the Court occupied
about two hours at the morning ses-
sion and the same length of time in
the afternoon. The attendance of spec
tators was large, particularly in the af-
ternoon, and there is no sign of fall
ing off of public interest in the case.
The prisoners, who have necessarially
been in Court during the past two
days, show no outward signs of mental
distress, and their appearance is not
essentially different from what it was
during the trial. Johnson in particular,
followed the arguments both days with
every show of interest and with evil
dent understanding.
Captain Dovener began his argument
yesterday morning with a review of
Mr.. Towards address to the Jury, and
said before he concluded he proposed
to show the opinion of the Supreme
Court regarding addresses of the ma
ture made by Mr.. Howard. Without
entering upon this matter at once. how
ever, the speaker passed to the motion
for change of venue, explaining why
the motion was made, and arguing that
the Court erred in denying the request
of the defense. The Captain next took
up the newspaper feature of the shoot
ing, as bearing upon
PUBLIC SENTIMENT,
and produced quite number of news
papers from which he quoted, the Reg
lister in particular coming in for con-
siderable share of attention. He read
the head lines in the Register of Sep
TENDER 10, 1898, and said the Register
evidently knew more about the case
than the counsel for the State. He ar
gued that it did not matter whether the
newspaper accounts were true or not
Granting they were literally and abso-
lutely true. if they created prejudice,
there was ground for change of
venue, and said this was evidently the
fact by the statements of one hundred
and eighty veniremen out of two hun
dred summoned that they were preju-
diced.
The Captain then proceeded to an ex-
haustive review of the evidence, and
set up the claim that William Craig
and Frank Mclaughlin were utterly IN
worthy of belief. He also set up the
claim that defendants had been depriv-
ed of constitutional right in that they
had not been informed of the nature of
the accusation against them. He
thought the instructions were errone-
GUS in details which he pointed out. and
that the State had utterly failed to
prove its allegation of conspiracy.
1t was also his opinion that there was
a fixed and deliberate purpose on the
part of Charles Mclaughlin, Frank Nc
Laughlin and William Craig to perse-
cute, beat and hound the defendants,
even to the point of death, and he spent
much time in going over the evidence
german to this proposition, concluding
at about twenty minutes of one o'clock.
when Court adjourned until half-past
two.
AT THE AFTERNOON SESSION
Capt. Dovener continued his review of
the evidence, there being a very fair
attendance of spectators in the Court
room. He began by reviewing the evil
dence relating to the episode at the
Parker block, when Johnson is said to
have beckoned the McLaughlins back.
as they were going up Main street on
the day of the shooting, contended
forcibly that no such thing ever oc-
Gu red, 'and yet, upon the evidence of
such creatures as these, men are con-
denned to die! ANY witness
who says there was a man on that
pore b, that afternoon, simply liedi"
The Captain accounted for the Nc
Laughlins being overtaken by defend
ants on the theory that the McLaugh-
Inns were simply walking leisureIy
along the street, with no particular
purpose and taking their time, while
the defendants had a purpose and
walked fast, that purpose being to ap-
peal to the authorities-first the police
and afterward a Justice of the Peace.
and in the course of this object they
overlook the McLaughlins on Market
street, but without intent to meet
them. When the McLaughlins were
overtaken defendants had determined
to go to Justice Larue rather than the
police, and were going in the direction
OF his Office when the McLaughlin's
were overtaken. Therefore, said the
Captain, 'the State claims these de-
PENDANTS were following the others, and
not only that, but with the
INTENT TO MURDER
Charles Mclaughlin" He read from
the testimony of Frank Mclaughlin as
to this episode, and made running COM
ments as he did So pointing out dis
crepancy between Frank McLaughlin's
evidence and that of Samuel Young and
William Craig, the particular point be-
ing as to in what order the four men
We're walking down Market street Just
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