Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-05
THE CHAIN OF EVIDENCE
CONNECTING BARNEY DEvINE
WITH TEE WARWICK MUIR
DER is BEING FORGED
In ST. GAINESVILLE COURT.
second Day of the Trial of the Sec
ond Prisoner Accused of Compile
city in the Crime-Important Cir
c~umstantia1 Evidence offered for
the Prosecution During the Day.

The trial of Barney Devine was re-
eumed yesterday at st. C%lairsville with
q large attendance. The case yester-
day was more interesting than on the
previous days, the witnesses nearly all
giving important evidence. The de-
tense is making a strong fight, while
the prosecution is making a strong
and important legal battle, and so far
has more than held its own.
The trial opened yesterday with the
reading of Barney Stevens testimony
In the Stevens case, by Court Stenog-
rapher B. Bumgarner. John Rutter
testified that neither Devine, Stevens
nor Taylor slept in the GAINESVILLE
glass house on the night of the Sth OF
April.
William Hamilton, colored, testified
about three parties coming into the
glass house cave on Sunday morning
and then leaving for the B. & o. tracks
to catch a freight train. He saw one
of them catch hold of a car. The 9TH
er two came to the ave between five
and six o'clock. He identified the par
ties. On cross-examination, he stated
that he had never talked to AL. Stew
ems; had talked to Detective Mccoy
and had talked to VIM. Garner; told
him what he knew about the case; had
never been promised any of the re-
ward; described the parties coming to
the cave; the older one said: Lets
us all get OUT" saw one catch hold of
a car of the freight train. Witness
thought both men had mustaches. He
stated that he went to the glass house
about 4 o'clock in the morning on the
Sth of April, Sunday morning, and was
at work taking out cinders. Had not
been up stairs and did not see the
men until they came to the cave.
Hamilton was severely cross-examined,
but did not vary from his direct ex-
animation.
James Anderson, editor and proprie-
tor of the Bellaire Independent, identi-
fed his paper of April 9Th, and stated
that his paper was delivered by car
rier boys, and that each paper sent
to GAINESVILLE had a name on it, and
that he had no subscribers at Somer-
ton. Witness said Edward Monnahan
was a subscriber to his paper at the
time of the murder.
Edward Monnahan said he was in
the saloon business at Bellaire. He
identified Barney Devine and said he
was in the saloon on the afternoon
OF April 9Th with others, and in the
back room. He kept the papers on a
table there, and the trio bought bot
tied beer. Witness said they were in
his saloon Friday and Saturday, and
again on the following Tuesday, and
that on Tuesday they were reading
the Wheeling Register and denounced
the murder. On cross-examination,
he described his bar room, and said
that the Bellaire Independent was
brought to his place by a carrier boy.
He learned of the murder through the
Wheeling Register.
George Mccormick, of GAINESVILLE, a
turnkey at the city prison, stated that
when Barney Devine was arrested he
did not know what for. Devine asked
him if he would be taken to Cambridge
OF GAINESVILLE. Witness knew Matt
Taylor; had seen him last July and
not since; described Taylor as about
five feet six or seven inches, heavy
body, light legs, broad shoulders, and
very dark complexion. He had not
seen Taylor since July; he walked
with one shoulder down. Devine did
not know what he was arrested for.
John Millerfi teaser in GAINESVILLE
glass house, was at work on April Sth
and had not seen Stevens or Devine.
He described the factory, and said
tramps often slept there, and some
times washed up stairs; they could
sleep in the factory without his knowl-
edge. Witness said he always worked
on Saturday nights.
Squire Rinehart was recalled by de-
tense, and asked if any flowers were
In flower bed and what kind of a
fence was around the yard. He saw
no flowers, and the fence was of pal
ings.
Marshal Blowers, of GAINESVILLE, tes-
titled to his knowledge of the city and
of the lumber yard of Rogers Bros.
He worked in the yard several years.
He identified a piece of Irvine taken
from the yard, also the knot, and said
they only received lumber from one
firm that tied their lath with that kind
of knot. that IL WAS machine tied