Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-06-21

Ux 49, -[Qli3 QA4{ III I'LL IN ~ -
IL this 81 my other State 81 ! murder
easo, iii the rules h propriety havins
been violated one hundred times. Nj.
Howard challenged Mr.. Boyce's charge.
alleging that counsel for defense mis-
quoted the record and this led to q coll
loquy between the two. Mr.. Boyce in
sisted that two-thirds Of Mr.. Howard's
speech was simply threats, abuse and
appeals to passion and prejudice, and
closed by saying the evidence was not
sufficient to carry conviction to any rea-
sonable person that defendants fred the
first shot.
Mr.. Alexander Doolan. Of Doddridge
Assistant Attorney General, followed
Mr.. Boyce, discussing a number of
points, on behalf of the State, among
them the absence OF Annie Riley. Wit
ness for the defendant. He also dis
cussed the demand for a change of
venue, and as to the claim that the de-
PENDANTS were rushed into Court, the
speaker held that society was entitled
to speedy trial of criminal as well as
the defendant. He claimed that there
was no such prejudice in the great body
of the people Of the city and county as
counsel for defense claimed, and held
that mere belief in the guilt of a de-
PENDANT did not constitute prejudice
There could be no pretense that de-
PENDANTS could not obtain fair trial III
the county of Ohio, and said the Court
after reading the record, would have no
trouble in coming to the conclusion that
Johnson and Devinney committed a
cold looded and Gei,5erate murder,
and laid particularly stress upon the
familiarity of both judge and jury with
the localities and places figuring in the
trial. AS to the instructions, he held
that they were substantial copies of the
instructions .iven in the Hobbs case
and others. heretofore sustained by the
Court he addressed.
AS to whether Mr.. Howard, in his ad
dress, according to the defense, excee 1etl
his legitimate bounds, he said that the
Court would not be influenced by state
ments not appearing In the record. and
asked the Court to note what Judge HUI
gus said at the time with reference to
the address, and read from the record
with the claim that Capt. Dovener's OBJ
jections during the speech complained of
were not made to the Court, but to the
stenographer, and that. the Court elm
mated them. The latitude Of counsel in
addresses could not be limited by rule.
Mr.. w. C. Meyer closed the argument
for the State, first calling attention to
errors in the brief for appellates. He
then defended Mr.. Towards address be-
fore the jury, and said it was provoked
by the previous remarks OF Messrs.
Boyce and Dovener, and read extracts
from the stenographic report in justifi-
cation of Mr.. Howard. Mr.. Meyers
analysis Of the evidence, following, was
most careful one, and he impressed
the Court that fragments must not be
picked out here and there according to
citations given by Mr.. Boyce, but must
stand and be considered as whole, and
with that premise he contended that
the first two shots were fired by john
son or Devinney, and that the deceased
did not move finger until two shots
had been fred at him after he had been
followed for five or six squares. Mr..
Howard's speech was not only perfectly
justifiable, but had been passed upon
and approved, not only by the trial
Judge, but by Judge Hervey, to- whom
an appeal had been taken, and who
also held he could find no error in the
case.
Mr. Howard, OF counsel for State,
was the fourth speaker, beginning by
saying he did not believe there was any
thing very serious in the case, and then
addressing himself to the plea that
change of venue was not allowed, he
held that there was no such public
prejudice arising from newspaper re-
ports, as had been alleged. The fact
that newspaper report Of killing is
made, however sensational, will not be
sufficient Of itself to warrant a change
of venue, unless it is shown there is
malice and prejudice in the community
intense enough to prevent fair and
impartial trial. He discussed the ques-
ton of continuance having been re-
fused by the trial court, briefly, made a