Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-09
ARGUMENTS BEING MADE
AND THE FATE OF BARNEY DEvINE
WILL REST WITH TWELVE
JURORS.
EVIDENCE FOR THE DEFENSE
offered ON the Last Day-Many wit
nesses Were Examined Yesterday.
Defense Made a Strong Effort to
Establish an Alibi-Prosecutfng
Attorney Making His Argument.
No Night Sessions win Be Held.

Yesterday at ST. Clairsville, both the
State and defense rested in the case
of Ohio vs. Barney Devine. The trial
started last Wednesday and has occu-
pied the court ever since. During this
time large number of witnesses on
both sides have been examined, and
the defense have not allowed any thing
undone that would have a tendency to
show the innocence of the defendant.
Their course has been to prove an alibi.
The State has been very active and
has made a strong case, and have link
ed their evidence we'll together All
the evidence is circumstantial. The
case will likely go to the jury to-day.
Counsel for the defense has filed a
number of requests to be read to the
jury before the argument is made.
Judge Hollingsworth has been request
ed to prepare his charge in writing.
During the trial the defense have taken
a number of exceptions.
Court convened yesterday morning
with Barney Devine on the stand I'M
der cross examination by Judge briggs.
Devine stated that on the night of
April 18th he slept in a glass house in
GAINESVILLE on swinging board, and
had spread papers on it; thought they
were Cincinnati Enquirers, but one may
have been a Bellaire independent; that
Bill Hamilton, colored man, woke
him up; other men were sleeping in
the factory. They left the factory and
went out on the railroad and got
breakfast. Did you not say at the
preliminary examination that a woman
cooked your breakfast" Devine an
swered that he testified at the prelim-
mary examination without thinking
about the trial, and at that hearing
had not asked to get on the witness
stand; said he was not worried and
did not remember what he had said at
GAINESVILLE, but was telling the truth
now. He stated they went to Quaker
City for supper; told the boys Barnes
vile had been pumped dry; said he
had money to buy meals and did not
know restaurants were open on Sun
day in GAINESVILLE. "Why did you
leave GAINESVILLE when you heard of
the murder?" Witness said he had no
reason for leaving. He became much
mixed up on his Sunday trips april
Sth) and on what he had testified at
GAINESVILLE. He had gone to Zanes-
vile; was not back to GAINESVILLE after
murder; passed through on his way
to Bellaire; had left overcoat at Al.
Stephens saloon and Taylor got it for
m an n
ton, he stated they had come to
GAINESVILLE to do a job, had made up
their minds on Saturday Devine ex-
hlblted right foot to jury; had hurt it
nm GAINESVILLE twenty-six years ago in
railroad accident; exhibited an old pair
of shoes that he wore at the time of
his arrest. His mother had bought
them at GAINESVILLE. His foot showed
his toes had been partly mashed off;
on the right old shoe said sole had
been broken across the ball of foot,
and he had tackled piece of leather
over it; said his toe always struck the
ground first. The shoes were examin-
ed by the jury. On recross- examina-
ton, said he made none of these trips
with any motive in view. He was
shown his right shoe, which showed
the sole had bene worn off except the
toe, which was scarcely worn. Wit
ness said the toe had turned up.
Katie Shaver, of GAINESVILLE, sold a
loaf of bread to a stranger on Sunday,
April Sth.
Miss Bundy, who lived east of Barn
esville, did not remember two men be-
ing there on Sunday, April Sth, for a
drink of water.
Fred Woke, of Newark, knew Matt
Taylor and described him; also knew
Stevens.
Mrs. Thornburg, Of GAINESVILLE. had
given a tramp some biscuits on Sun
day, April 8th; could not describe or
identify party.
Charles Fisher, Of GAINESVILLE, saw
Devine Sunday, April 8th, at Cobbler's
crossing with two other men. AS he
approached, all got up and went be-
hind pile of cross ties out of sight;
had two dogs with him.
David M. Wilson, of GAINESVILLE,
teaser at glass house, testified to
tramps sleeping in factory.
Alex. Heron, of GAINESVILLE, worked
at glass factory, knew of tramps sleep
ing there.
VIM. Rogers, of GAINESVILLE, worked
for T. & A. Rogers; did not know if
Irvine around lath was tied by machin-
cry or hand.
Geo. Collpitz, of GAINESVILLE knew
Albert Stephens who talked to him
of murder ten days or two weeks be-
fore. arrests were made.
Edward Monnahan, of Bellaire. was
asked if Albert Stephens did not say
to him: Il belong TO the order and
these fellows are no good, and the or
der has turned them down. 1 know
the thieves and they are no good, or
did he not say this in substance"
State objected and was sustained.
Jessie Sweed, colored, of Quaker
City, and Mr. Clark. OF Cambridge.
were asked the same questions, but
States objection was sustained and no
answers given.
James Mcdowell rode in box car with
three men from Cambridge, but could
not identify either Stephens or De-
vine as the parties.
Charles Mint, of GAINESVILLE, did not
know defendant
Howard Luckett, ex-Mayor of Cam
bridge, was asked about what Miss
Ada Marqua said about handkerchiefs