Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-08

M StAh0 WI AIAo
Former Statements-Closing Evil
dcnce for the State.
At st. Clairsville yesterday, in the
Court of Common Pleas, the trial of
John Devine, alias Barney Devine,
alias Edward Turner, for the murder
OF Clarence Warwick was resumed. A
large number of witnesses were exam
ined and two very important ones, one
being Miss Ada Margua, a girl who
lived at the Warwick home; the other
being Devine, the defendant.
Near noon the State rested its case,
and the defense Immediately commenc-
ed to examine their witness. Devine
showed signs of vousn This
makes the third time he has testified.
first at the preliminary examination at
GAINESVILLE, then in the trial of Ohio
VS.. Leonard Stevens; and yesterday in
his own defense. During these diff
ferent times he has changed his testi-
mony in many ways, and now will be
confronted with the different testi-
mony. Devine claims his recollection
is better now than at previous times.
At the time of adjournment of court
Devine was still on the stand, under
cross-eXamination by Judge briggs.
The first witness yesterday was Miss
Ada Marqua, who testified that she
lived at the Warwick home at the time
of the murder, and told who was at
the house. Miss Curry, aged II; Mrs.
Elanor Warwick, aged 49,; Clarence
Warwick, aged IA, and herself. Miss
Curry slept down stairs in the sitting
room, and was very deaf. Described
house and yard. On the night of
April 18th she first heard the murderers
down stairs. They then anne TO the
room where she was sleeping. There
were two men, one with a revolver and
the other with a large club. They told
her and Mrs. Warwick to keep quiet,
and asked if any one slept down stairs
besides the old lady and wanted to
know where the men were, said:
1--WE will kill you If you don't keep
still" They then went to Clarence's
room. Heard Clarence say, Get out
OF here" then heard report of revolver.
Witness jumped Jul of bed, ran into
tuC Adll, anu louId ~ CLSC ECtWOOA
the two men, and took him by the arm
and said: Come into our room" One
OF the men said, HE is not hurt
much" Clarence did not speak. She
helped him to bed, and he fell back
and blood ooZed out of his mouth. He
died in a short time. The men came
back into the room and asked several
times where the money was. They
went to her trunk and went through it.
She gave them her pocketbook, which
had a fve-cent piece and a penny in it.
One of them remarked it was a big
amount. From this Dom they went
across the haIl and then down stairs.
The men were masked with hand
kerehiefs and had caps on, pulled down
over their eyes. They came back up
stairs and tied them. Man with the
revolver tied Mrs. Warwick first, and
the man with the club tied witness.
Her hands were tied behind her back
with her veil, and the sheet was torn
up and Mrs. Warwick was tied with
strips of it. Her ankles were tied with
pieces of sheet and Irvine. Identified
piece of Irvine, and stated they were
Z placed on chairs. One man resembled
Stevens. The other was shorter, and
had square shoulders. Mrs. Warwick
said, Il would not cared, had you not
killed my boy. The men said, 1T is
not your boy" Mrs. Curry's room
was badly torn up, and the window on
the west side was up. All had been
down in the evening, but not fastened,
and the front door was locked.
The men left about n O'Clock.
Miss Marqua said she got loose by
picking the knot loose with her fin
gers. When they were being tied, n
said, Mike, tie the other" The men
examined the bed and all the furni-
ture. Witness got loose about n
O'Clock, and left the house at daybreak
on horseback. First wene to Jesse
Warwick's, father, of the boy, and told
him the horrible news; then to Squire
R%inehart's, and then on to Somerton,
and returned to the house about nine
O'clock. She laid Clarence's feet up on
the bed and covered him up. He was
about IA years old, and was 5 feet 8
inches tall, and weighed about 145. He
had been weighed just a short time be-
fore the murder.
Cross-examined by Attorney Law
renee, witness said she was % years
old, and told where she had lived prior
to living at Warwick's; was a witness
at the preliminary examination; did
not know who called her; was also a
witness in the Stevens case. Only n
talked, the II with the revolver.
They were different in size. Witness
was asked many questions about an
swers given at the preliminary examin-
alton, and the defense wanted to sub
nit her testimony, but the State object
ed. Witness had been to GAINESVILLE
and Cambridge to recognize different
parties, but had never stated she
would not know parties if she saw
them. Did not know what color their
landkerchiefs were. Did not say at
Cambridge they wore polka dot hand
kerchiefs. Witness described the men
again. One carried a lamp. When
they came to her room and asked about
where the men were, Mrs. Warwick
sold, up stairs" and then said: "Oh,
there is none" and fell back on her
pillow. They got $500 in money from
Mrs. Warwick and also took Clar-
ence's watch. She was not dressed
when Clearance was shot, but dressed
while they were down stairs. Many
people were at the house when she re-
turned. She did not tell Mr.. Evans,