Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-01-06

Her Testimony-AIbert stephens
Makes Good y. illness.
Yesterday was the third day of the
trial of Barney Devine at St. Clairsville
for the murder of Clarence Warwick,
near Somerton, on the night of April
7th. The prosecution made some
strong points yesterday, and have not
exhausted their witnesses. AS usual,
the attendance was quite large, and
as the case progresses the more in
terest is manifested by the people all
over the county.
The mother of the murdered boy,
Mrs. Jessie Warwick, was on the
stand yesterday, and after she had
finished her testimony and left the
room she tainted, and it required some
time to revive her 1t was thought
the nervous strain was too much for
her, and thinking of the loss of her
son and the way 1t occurred was more
than she could stand. After some
time Mrs. Warwick recovered sum
GENTLY to go to the hotel.
The first witness called yesterday
was Albert Stephens, who became sick
the day before and was not able to fin
ish his testimony. On eross-examina-
ton, he told of stevens, Devine and
Taylor being in his place of business
and talking to him about robbing the
bank at Somerton; also other places in
that neighborhood. Witness said they
were in his place of business on
April It'll, and he had not seen them
afterward until at the preliminary ex-
animation. The defense tried hard to
break down his testimony, but Steph-
ems stuck to his original story. His
evidence is considered very valuable
for the State.
Howard Whitaker, cashier of the
Somerton bank, testified to Devine be-
ing in the bank and getting a dime
changed. Mr.. Whitaker identified De-
vine.
Mr. Bishop, of Somerton, stated
that he had seen Devine in Somert0n
ten days or two weeks before the muir
der, and had known both Devine and
Stevens from a year TO year and
half prior to this. At that time they
had come to mis- house for some wood
and a can, and there was third man
with them. He described the other
man as being broad-snouldered, dark
complexion On crosS-examination,
he stated that he saw Devine pass his
home; could not give exact date; had
met Detective Mccoy, but had not been
promised any reward; his only inter
est III the case was that the guilty
parties might be brought to justice.
John Apologize, or Somerton, had
seen Devine at his home last March,
and he went toward Malaga. On cross
examination, lie stated that he was
not positive it was Deyine.
Harry McClain, of Malaga, a town
four miles from Somerton, in Monroe
county, stated that he was in the hotel
and saloon business. He described the
situation of the town. Witness had
| seen Stevens and Devine in March and
April. Were at his place and left, go
ing towards Somerton. On cross
examination, he stated he had seen the
two the Sunday before the murder;
| heard of the murder early in the morn
ing and went to Somerton and to
| GAINESVILLE. He described two other
strangers that had been in his place,
and had been instrumental in having
those two arrested, but they were dis
charged.
Doris Harper, of Malaga, testified
that he was teamster in the oil fields
and made his headquarters at Woods
field; had seen Devine and Stevens
and another party in Woodsield; saw
them in a shed in the rear of Charles
Watts saloon. One was making ring
out Of wire and beads; saw the trio at
Malaga on the following Sunday, sit
ting on the porch at McClain's hotel.
Cross-examined, said he was sober;
never drank a drop of Intoxicating
liquor in his life. Witness had not
talked with these men. He had not
been witness on the Stevens trial.
Mrs. Samuel Rockwell, of Malaga,
testified to seeing three men pass her
home, and identified Devine. Said he
was lame. On cross-examination, she
partly described their clothes. Wit
ness had not testified in Stevens case.
o. B. Poulson, who lived near Som
erton, stated that he was at the War
wick house where the murder was
committed, at about sunrise that
morning, and had stayed at the front
gate and kept people from going in
the front yard, and lat no one was in
the yard while he stayed at the gate.
Had seen Stevens and another party
about three or four weeks before the
murder.
Squire ]. c. Hampton, of Somerton,
said he had acted as coroner in the
death of Clarence Warwick. Indenti-
fed the tarred twine strap. Bellaire
Independent and lamp burner Had
charge of them up until the prelimin-
airy hearing at GAINESVILLE, and turned
them over to Mayor White, of Barnes
vile. and gave the ball to Coroner
Beetham; witness told about the Hoge
and Miles store and how long they
had been out of business; stated that
the Miles sign was still on the build
ang, and that the store room was va
cant. Hoge's store room was occupied
by ]. G. Shotwell and tobacco was
bought and packed there