Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1905-09-21
Mclaughlin Murder Trial.


in Clinton township on May >, last
AT the Commonwealth table are At
torneys Bowser and Wise. associated
with District Attorney Walker. Nc
Laughlin is defended by ]. NJ. Greer,
Joseph B. Bredin and W. 2. Murrin.
All Monday was consumed in selecting
jury and when evening came the
venire was exhausted and only seven
Jurors had been secured. 1t then be
came Sheriff Gibson's duty to call tails
men from the audience, bat the At
torneys for the Commonwealth at once
objected giving as their reason that
the Sheriff and Mclaughlin, the de-
fendant, were full cousins. Judge
Galbreath sustained the objection and
after some delay in waiting for the
Coroner, who was not present, the
Judge ordered a new venire OF forty
men drawn and deputized ex-Sheriff o.
C. Redic and Court Crier Criswen to do
the work. All Monday evening the
two deputies were busy selecting their
forty and summoning them to be
present Tuesday morning The selec-
ton of jurymen then proceeded and
was finished Tuesday afternoon, the
iurv as empanelled being Richard
Black. of Slipperyrock; Harry Cooper,
carpenter, of Evans City; Daniel Dun
bar. farmer, Forward twp; w. P
Martin, farmer, Venango twp; w. A
Smith, farmer, Donegal twp; George
Slentz, laborer, Butler; and Madison
Wick. laborer. Butler, out of the reg
uIar yenire, and J. B. Black. John +.
Lowry, john s. Jack, ]. NJ Porter and
Barney Kemper, all of Butler, out
of the special venireS. A second speclal
venire was necessary Tuesday after
noon before the jury was completed
As each Juror was called he was told by
Clerk Christley to look upon the prison
er. the prisoner was in turn told TO look
upon the Juror and was asked If he
challenged, one of the anti-deluvian
customs. The juror was then sworn
and was put through course OF ques--
tions. first by the Commonwealth and
then by the defense, which generally
resulted in his being challenged by one
or the other Twenty peremptory cnal-
lenges belonged of right to each side,
and as many as necessary for cause.
The two most general causes assigned
for challenging were the juror stating
he had formed an opinion which would
be hard to change, or that he was op-
posed to capital punishment.
Nearly everyone in Butler county is
familiar with the circumstances OF the
affair for which Mclaughlin is being
tried. He and William J. Hemphi!l
lived on adjoining farms two miles south
of Saxonbure. A few days before the
tragedy Hemphill had Mclaughlin ar
rested for shooting his chickens when
they would cross over the road from
Hemphilrs land onto Mclaughlin 3,
and a hearing was had on the case be-
fore Squire Keck of this place. On the
morning in question Hemphill was at
work on his house with two timers and
stone mason. Some of his chickens
were over on McLaughlin's property.
The latter came from his house with his
gun and shot two chickens. Hemphill
left his work and crossed the road and
fence into McLaughlin's field. he was
supposed, by his friends, to have in
tended to drive the remaining chickens
out of the field to his own land, but
Mclaughlin claims he picked up club
and attempted to attack him. When
the men were not much more than
twenty feet apart, Mclaughlin fired
barrel of his gun into Hemphlll 6
side. killing him almost instantly. Nc.
Laugblin went to his house, changed
his clothes. came to Butler, and sur
rendered himself. Passing through
Saxonburg he told Squire Lensner and
others that he had killed Hemphill in
self defense.
Mclaughlin is a son of John Nc
Laughlin, who was once Sheriff OF
Bntier county. and a nephew Of Dunlap
Mclaughlin, who was States Attorney
at the time Mohawk was tried for the
Wjgton murder, and Of James Nc
I,auphlip. who was once Prothonotary.
An held Office between 1910 and 1850.
He ia a cousin of Sheriff Gibson and of
Judge Bredin and Joseph Bredin.
Hemphill was successful as farmer
and in the gas and oil business. He
was married to a daughter OF Henry
Knoch of Saxonburg and left large
family.
District Attorney Walker opened the
case for the Commonwealth, making a
brief statement Of the facts as the prose
cution expected to prove them.
DR.. Z. b. Mershon of Saxonburg was
the first witness called. He testified
that on the morning Of May 5 he was
summoned to the Hemphill house. On
the way down he passed Mclaughlin
on the road. Mclaughlin was driving
very fast toward Saxonburg and he was
driving fast toward Hemphilrs, Nc
Laughlin yelled, go it, Doctor" and
something else which the Dr. could not
catch. Arrived at the house he found
Hemphill dead. On examination he
found wound made by charge Of
No. s shot in Hemphill's side, three or
four inches under the armpit. The
wound wss five and one inches back
from the breast bone and was circular
in form and five inches in diameter.
The charge had entered the side, fol
lowed back along the ribs an inch or
two. penetrated through the ribs,
breaking three, aud taking an upward
course through the right lung, which
was badly torn. Two or three entered
the aorta and two or three were found
imbedded in the wall Of the heart.
Thirty six shots had passed through
the right forearm before entering the
side. There was hole in the side in
which finger could be inserted. Dur
ing close examination and cross. ex.
animation the Doctor held that Hemp
hill must haye been in STOPPING or
crouching position as though he had
juked with his right arm raised either
in protection of his face and head or TO
strike blow. This was indicated by
the course Of the charge The shot had
been fired at q distance OF about twenty
five feet. He stated the houses were
quarter of mile apart by the road.
The place where the shooting occurred
was IS or 50 feet from the road and 40
or 120 feet from Hemphill's house.
Tuesday night the jurymen slept on
cots placed in Grand Jury room and
that will be their place of residence un-
til the trial Is over. They are taken to
a hotel for their meals
Wednesday morning the case opened
with Court room not overly crowded,
most of those present being from the
southeastern corner of the county
Mrs Hemphill and her children sat
back Of the counsel for the prosecution,
and Mr.. McLaughlin's family sat back
Of him
County Detect We Hoon was the first
witness called in the morning and was
placed on the stand by the prosecution
to testify as to the locations Of the shot
marks on the shirt which was shown
the jury Tuesday when DIR. Mershom
was on the stand The shirt was placed
on Mr. Hoon and he indicated where
the abota had atruck Mr. HenphilI