Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-12-30
THE EVIDENCE AL IN
AND THE PROSECUTION HAS MADE A
GOOD CASE AGAINST LEONARD
STEVENS.
DEFENDANT ON THE STAND.

On His Cross-Exa inn tion-De-
Tense Trying to Establish an
Alibi, and State Depending for
Verdict Upon Strong Circumstan-
tiai Evidence.
The trial of Leonard Stevens, for the
murder of Clarence Warwick, virtually
closed yesterday afternoon, so far as
the taking of evidence is concerned.
On Monday both defense and prosecu-
ton will examine Charles ]. Lynch,
Esq, who was the stenographer at the
preliminary examination at Barnes
vile. After this examination the at
torneys will make their addresses to
the jury and Judge Hollingsworth will
charge the jury The defense yester
day did not make the showing expect
ed. and in fact many of their wit
nesses were OF much advantage to the
prosecution, and Prosecuting Attorney
Armstrong and ex-Judge briggs
brought out many new things. These
two a0le attorneys have certainly
made strong case for the prosecution.
The attendance, as usual, was large.
The defense did not use more than
half of their witnesses, and the ex-
pected sensational part of the defense,
the Impeachment of the testimony of
Albert Stevens, of GAINESVILLE, failed
to take place. Che prosecution has
produced large amount of evidence
against these men, all circumstantial,
but very strong, and showed the two
men and Taylor were in the vicinity at
the time of the murder.
$ The case yesterday morning opened
with Deyine on the stand. Under a
rigid cross-examination he denied
many statements made at the prelim-
mary examination and got consider
ABLY mixed up on several occasions.
While Devine is said to be very shrewd,
he made poor witness. He acknowl-
edged to having been in the peniten-
tiary twice and in the GAINESVILLE work
house.
lac mother and sister of Devine were
on the stand and testified that he could
not have been at Somerton on April
18th, the time the crime was committed
stating that he came home soon after
this date. They also held up his char
acter, but their testimony was weak
and OF little value for the defense.
John &utter, night workman at the
glass house in GAINESVILLE, stated no
one was about the factory the night of
the murder, but he had seen the pris-
ones and Taylor about the factory.
Nick Schiller. c. & P railroad detec-
tive was the next witness. but knew
very little about the case.
glass house, had seen no one about the
night OF the murder. and did not know
OF any person sleeping in the factory
Or cave that night.
David Wilson and John E. Trunk
and Alex. Davis, workmen at the fac
tory, knew little Of the murder. but had
seen no one about the factory on the
/ night it was committed.
John Butler and Samuel Starbuck,
J farmers in the vicinity of SOmerton,
| stated they had seen strangers around
! the night before the murder. but their
| descriptions OF the men did not tally
with the prisoners.
James WARWICK father of the muir
! de1ed boy, testified as to the supposed
! report OF Mrs, Warwick having been
! PAID an amount OF money just before
| the murder and did not think any one
! had any right to believe this and did
| not think there was much money about
/ the house.
Ross Greer testified as to learning of
/ the murder. Net important
Frank Broom. who was with Devine
! Stephens and Taylor on their western
! trip, stated that they had said nothing
! to him about the murder. These wit
/ nesses were not crOss-eXamined as
/ their testimony was considered of no
! Importance to defense.
/ Squire Hampton, Of SOmert0n, tes-
| titled as to Solomon HOge's store, and
/ when Nh Hoge died, also about Mrs
| Miles store. On examination he
stated that the Hoge store was still
/ often called by that name and that
/ the sign on Miles store room was still
| there, and that Hoge's had been chang
ed to j. g. Shotwell
Nathan Taylor testified that he lived
! three and a half miles south OF Barnes
! vile in Somerset township, about three
| to four miles from the Warwick
| home. Asked: Have you heard it re-
| ported that Clarence Warwick stayed
at home with his father on Saturday
| night?" ne answered: Yes"
! Not cross examined.
Harry McLain lived in Malaga. run
/ hotel and bar. People were going and
coming all the time. Testimony of no
+ importance.
( Miss Nettie Marqua was asked, Did
you have to say one man looked like
he had colored blood in him." She
answered No" She was not cross
examined.
Mr.. Evans. editor of the GAINESVILLE
Milestone, stated that he was a news
paper man and was living in Barnes
vile at the time of the murder, and
went to the Warwick residence on Sun
day. He arrived at the house after
dinner and stayed until after dark. He
found ladder at the portico, tin roof
on portico, but showed no indication
of any one being on the roof. Talked
with Mrs Marqua and Mrs. Warwick.
Talked most with Mrs. Marqua. Took
notes on the important parts.
Did you ask her if the old lady
said I would not have cared had you
not killed my boy and if the men
said. He is not your boy, we know who
he is?'"
Yes"
And did not Miss Marqua say, From