Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-17

Mr.. Howard But let him decide
for himself"
The Court-4The defendant may do
it If he desires.
Mr.. Howard continued his argument
without making any further effort to
get Mooney to place the handkerchief
about him. He went on to argue that
Henry Hervey gave as good a descrip-
ton Of Mooney as was possible, with
out seeing his lace. After going care
fully over the evidence about the prem
ises,/ the tracks on the road, and the
arrest, Mr.. Howard said nothing in the
case was stronger against the defend
ants than their lame excuse for their
whereabouts.
An honest man could have satisfied
the officers and the law as to his reason
for being there. The defendants say
they left the saloon about eight O'Clock,
and after ten they arrived at Fette's.
Their explanation is the most absurd
imaginable. They were to meet a man
named Stewart from Cleveland. They
can't tell who he is, or what they
were to meet for, or why the engage
ment was made for such an out-of-the
way place as Fette's. 1t is very finn
sy. In the first place it is very i'm
probable that travelling man would
make an engagement with Friday. If
he wanted to see him, why wouldn't
he see him at his hotel, or at Dukes
Reilly's, where Friday stopped? They
haven't explained why they went be-
yond Fettes. They had five days to
think UP an excuse, and they say they
were looking for something that they
knew was in Fette's, and they knew
they could not find farther up the road.
Mooney gives another explanation.
He says he saw the police coming, and
went up the road to get away from
them. That's impossible, for he would
not have come back so soon. 1t is not
true because the officers were in the
shadow of the house before the de-
PENDANTS got there, according to their
own statements on the stand. Now,
if any member Of the jury thinks these
men are innocent, he believes that
story.
Mooney and Friday went into the
Hervey residence, robbers; they came
out murderers The reason for making
their escape was imperative. John
Mooney knew the one safe place in all
the world for him was to hurry across
the hills at the poor house, down Cald-
wells run, and into the house of Bob"
Mooney, John MONEYS brother. If
they had succeeded in reaching Bob"
MONEYS house, which was less than
half a mile farther than the point at
which they were caught, there would
have been no trouble in the world to
establish an alibi, to prove that they
were there all night. Mrs. Mooney
swore that John was there at six
o'clock; she couldn't swear he was
there all night.
Mr.. Howard commended the police
for their efforts to guard all the ave-
nues leading into the city. 1t was a
fortunate thing for justice that they
were caught before getting into the
city. If they had Dukes" Reilly's
place would continue to be a resort
for thieves and murderers.
MONEYS alibi rests solely upon the
evidence of "Jinks" Forsythe. Charles
Hughley, John Lynch. Baker, Reilly,
who didn't see him that night. Mrs.
Mooney accounts for him after six
o'clock. links is the only person
who accounts for him after that
links" doesn't know how many days
there are in February, or whether
April proceeds or follows March. They
called only two reputable witnesses
and they refused to say that they saw
Mooney or Friday on March LIST. Mr..
Howard took up the character of the
defenses alibi witness, and submitted
them to a Scathing denunciation.
He then took up the evidence by the
defendants themselves. He discussed
the record of Mooney as criminal,
and said it was not safe to let him
run at large now. He said Fridays
excuse for not revealing his identity
was very flimsy. He didn't want them
to know he was charged with O. crime,
he said. He Travelled under different
names, and everything about him
stamps him as dangerous criminal.
Who is he that jury of his peers
should not know him? What foul
crimes are written in the book of his
life that he will not open it? John
Mooney is a bad one, God knows;
Frank Friday must be even worse, or
he would not hesitate to tell about
himself.
In summing up his argument Mr.
Howard said it was plain case of
murder in the first degree, in which the
penalty is death. Mr.. Howard painted
a vivid word picture of the crime, and
the audience hung breathlessly upon
his words. He then argued that the
verdict should be murder in the first
degree without any recommendation
OF clemency to the Court.
Mr. Howard occupied nearly three
hours in his address to the jury, con-
Guiding shortly after six o'clock. with
demand of the jury for a verdict of
guilty of murder in the first degree. in
the name of fairness and justice, and
for the protection of society. Col. Ar
nett took frequent notes during the
last half hour of Mr.. Towards earnest
pleading.
COL. ARNETT'S SPEECH.
An Earnest and Eloquent Defense