Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-04-15
BOTH THE DEFENDANTS
IN THE MURDER CASE
WE'RE PUT ON THE STAND TO
SPEAK FOR THEMSELVES
YESTERDAY.
ALL THE EVIDENCE
HAS BEEN SUBMITTED.
THE ARGUMENT FOR THE STATE

THE ARGUMENT FOR THE STATE
Begun Last Night by Mr.. Meyer, the
| Prosecuting Attorney A Very
Clear and Concise Statement of
/ the States Evidence Submitted to
| the Jury-The Testimony of Fri
day Did Not Carry Anything Very
| Convincing With 1t in the Face of
the Strong Circumstantial Evil
| dence-A Very FIimsy Story-Moon-
| ey Made a Much BETTER Witness.
/ The Arguments Will Be Concluded
TO-MOrrOw.
| With the exception of one witness,
who may not be put on the stand, the
evidence in the famous Hervey murder
case, in which John Mooney and Doc
Riley, alias Frank Friday, are on trial
| for their lives, has all been taken. A
night session was held last night for
the purpose of taking the evidence of
| several witnesses for the defense. They
did not arrive in the city and the occa-
sion was utilized for the opening argu-
ment of the State, which was made
by Mr.. Meyer, the Prosecuting Attor-
ney. During the three sessions every
seat and all the standing room in the
court was occupied
John j. Reilly was the first witness
to take the stand for the defense at the
morning session, and in reply to dues-
tons by Col. Arnett said he saw Friday
in n ic So I,o II.
on the evening of the murder Friday
| remained about until nearly eight
O'Clock. Witness knew Friday as DOC"
| Riley. Witness did not know Mooney
| Asked on cross-examination how he fix
ed the day as March LIST, he said it was
the day he fired James Forsythe out of
the saloon. Reilly was put through a
| long and close cross-examination as TO
his record as prize fighter, his bust
ness as saloonist, his facilities for
furnishing temporary quarters for
street walkers and the males accom-
| panying them, the game run in the
saloon, the character of the men who
| frequented and loafed about the place,
ETC., the whole making up an interest
ing but exceedingly long story, and one
not at all to the benefit of witness
standing as a cltlZen.
He was followed on the stand by
Thomas Lynch, the bartender at the
Reilly saloon. On direct examination
he said he saw Friday in the saloon fire.
quently, and remembered that he was
there on March 1st, both in the morn
| ing and about half-past five in the af-
ternoon. AT the latter time Friday was
| in a room with two men and three
girls. The latter were Jeanette Bur-
Wrinkle, Jane Carroll and Mable Gerry.
John Baker took witness place behind
the bar at half-past five. On that day
| Kittie St. Clair, who had been about
| the place, generally drunk, for a week,
was looking for a revolver with which
| to shoot Dukes" Reilly. Witness said
he never heard anything discussed
| about the house in the nature of a
| lob" duplicating the defendants.
| On cross-eXamination witness said he
| could not say Mooney was at the saloon
on the LIST of March. Witness said he
went home at half-past five, and came
| back about seven o'clock. Then he did
not see Friday, but he paid no atten-
ton to who was in the bar. The cross
examination of this witness was pro-
| longed until the noon recess.
When the court resumed in the after
| noon Colonel Arnett put Friday on the
| stand On cross examination the de-
| PENDANT was subjected to rigid ques-
tioning by Mr.. Howard. He became
| badly mixed at times, and was not able
| to give an acceptable account of his
presence at Fettes when arrested.
After some few preliminary ques-
| lions. Col Arnett asked:
Weren't you in Elm Grove on Feb
ruary 26?"
| mo, SIR
"You heard what Miss Strahle said.
| Was that true?"
| mo, sir.
Tell the jury where you were on
that day"
Il was in Parkersburg that day"
| do you know what conductor or
| brakeman you came back WITH"
mo, sir. l was talking to the brake
| man coming up. | got here about Z
| o'clock, l think, on Monday morning"
Where were you on Tuesday,"
Il was in bed till 4 o'clock in the
afternoon on Tuesday"
Were you in Elm Grove on March
LIST between and 6 o'clock in the
NO sir
: t'Was John Mooney out at Elm
| Grove with you at that timer"
NO sir. was at Reilly's place at
that time"
when did you go to Parkersburg
"On the morning of the twenty-third
on the 10 o'clock train"
who did you see?"
my niece"
"Who is she?"
Mrs. Henry O'Neill."
You came back from there on the Z
o'clock train?"
Yes, sir"
Did you pass any one going from
Elm Grove to the HerYey residence On
the evening of March / ?"
II never was there in my life"
Did you ever cross the hill from
Elm Grove to this city,"
mo, sir"
do you know where Mooney was
that day."
No, sir
do you know where he lives?"
mo, sir"
Were you on the motor platform at
90 IA