Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-14

john DdhcI, IH6 Hight UdItcuStDi a.
dukes" Reilly S, was called next he
| stated he knew Friday; knew him as
/ Doe" On the evening OF March Isl
1 doc" came into the saloon at $40
| p. m. and asked for his overcoat,
| which was behind the bar. He gave
i it to him. Doc then took drink
and walked out. Charley Hughey was
| in the place at the time. There was
| perhaps dozen people in the bar al
| the time. Remembered the time Tor
! some of the crowd were going to the
1 show. Didn't know John Mooney;
| has known Friday from seeing him
1 in the place for about two weeks.
/ DOC" had light overcoat.
On cross-examination witness stated
to Mr. Howard that he was in the
/ twenty-first year of his age. Said he
knew the nature of an oath. Ii you
break it you would suffer on earth IN
/ the pen and after death wou would sui
/ fer in heaven. Mr.. Howard then pro-
eeeded to break down the direct tes-
timony, which he accomplished very
well.
Charley Hughey, a former puglllst,
was the next witness. Stated he drop
ped in Dukes" for a glass OF beer
/ between and S:15 O'Clock. knew boJn
defendants. He saw the one called
DOC" in the bar when he went IN.
Shook hands with him. Was only IN
the place minutes.
! On cross-examination said he had
no occupation, having quit the ring
year ago. Had been married but has
J not lived with his wife for over a year.
Just loafs about the city having no
home in particular. Ate his supper
on the evening of March 1st at
| Greenhouses restaurant on Eleventh
street at o'clock. Left there half
! hour later and loafed around until
after eight o'clock when he went to
! Dukes" Noticed the time because
! he had date at s.; 80 with lady at
the corner of Main and Twentieth
streets. The lady did not show up.
Mr.. Howard said ooh, yes, Charlie,
remember you now. You have had
an occupation for the past year, have
! MT you? You're a cheap gambler,
aren't you? That's what you are.
And you don't know where you live!
| Ferdinand Wingerter was the next
witness called He identified Friday
as a man he had been introduced TO
but could not say whether or not he
had seen the defendant on March lst-
! Robert Mooney, a brother of John
Mooney, was the next witness for the
defense. Very little of his testimony
was of Importance. Said when he left
/ home for work shortly after noon he
had left his brother there.
After being dismissed the witness
walked over to his brother and shook
hands with him. After few moments
conference with the Colonel and John
Mooney, he left the court room.
George (Jinks) Forsythe was the
next witnessed summoned Stated
! that he did odd jobs around Dukes"
Reillys place. He knows both defen-
dants On Thursday afternoon between
five and six o'clock he had trouble
there and he was put out. He saw
Friday in the afternoon but didn't
see Mooney. He returned about 7:45
D. m. to Dukes" and in the back room
he met Mooney.
Towards the cross-examination Mr..
Howard asked: How do you know
this was on March 1st?"
Because Lynch was reading to us
from the paper the next morning
about the crime and he said it was
March 1st."
did he start Off by saying March
1st %
We'll, he said it was March 1st
who told you to say that it was March
1st?'
mo one didn't tell me. I tell you Lynch
said it was when he was reading from
the paper"
We'll Jinks what date was the day be-
fore March 1st?"
After long pause. Il guess it was
April 1st."
You're mistaken about thSt. a-an't
you? 1t was February 10Th, wasn't it?"
Eyes, guess it was
"Or was it February 31st?'
Maybe it was. 1 amt got no book
learning"
The witness was then dismissed.
Peter Burnhardt, a B. & o. engineer liv-
ing at Benwood Junction father-in-law of
| John Mooney, was the last witness exam
| ined yesterday for the defense.
| He stated that John Mooney had made
his home with him during the past four
| or five months. He further stated that
| John Mooney had not left his Burnhardt's)
home all <during the month of February.
| After a severe questioning by Mr.. How
| ard, witness finally said he (Mooney)
| might have left, but not to his knowledge.
| A little later Mr.. Howard pressed Burn
| hardt with questions as to Moneys
| whereabouts prior to his return to Ben
| wood.
| Colonel Arnett said: Tell him, if he
| wishes to know very badly
Mr.. Howard asked: Don't you remem-
| Der the time that he Indicating Mooney
and Bull NeDonough killed policeman
| in Wellsburg?"
| Whats that! what's that?" asked Col.
! Arnett, and the crowd laughed
| His Honor stopped the proceedings long
| enough to clear the court room of spec
| tators, stating that to-day no one under
twenty-one years of age would be adj
| mitted to the court room.
| When Mr.. Howard again took up the
i questioning along the same strain, Colonel
| Arnett objected. The objection was sus-
| tanned. After several uninportant ques-
| tons. witness was then dismissed.
| Court was then adjourned over until 8
| O'Clock this morning.
Max L.. Hess. IA Twelfth street.
will have FIVE hundred Easter Lilies
on sale, commencing Friday morn
| ing.
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