Year: 1879

| Nhu Ahe SaHe NiSen tD tn6 Jury -
| Waiting for the Verdict.


Specially Reported Tor the Republican.
New CASTLE, Dec. 10th, 10.


Mr.. Bird, counsel for the defendant
submitted list Of cases decided in diff
fsrent states where a man has defend
ed himself in his own house. At II 80


Mr.. Bird commented his address to the
Jury. You are trying this case, his
fate be it whatsoever it may is in your
hands, for you and You alone are the
Judges in this case. Your duty is tc
sit in that box and hear the witnesses
give their evidences. II it conflicts
you can only reconcile it; If it is false
you and you only can say no statement
that | make or my learned friend oan
make; no statement Of facts that their


lIonors make can influence you, as
the jury and the jury alone are the
judges OF the facts; you apply the law
to the facts as the court shall lay them
down but the facts are yours and when
you have this man in your charge you
gentlemen are alone to stand by him
and all the testimony delivered in this
cause.


Hugh Dugsn is charged by the State
with the murder of Richard Rowe.
Have they shown itl Speaking OF
malice Mr.. Bird said | want you to fol-
low me in this question OF malice. Was
Hugh Dugan laying in wait for any
body Was there syllable Of testi-
mony that Hugh Dugan had grudge
against McGahey or Rowe? If so toll
me what it was. There are other ways
to test malice. Let us take the facts.
Where was this man' From the morn
ing up to the afternoon everything in
that house was peace and quietness.
The man was in his own house; the
doors were locked. Is that laying in
wait Are these grudges or threats
II a man comes to your door and knocks
and you don't want him, he knocks
sgainssand says, wf you don't let me in
| will kick your d--n door in" Put
yourself in your own house each one Of
you; don't think of Hugh Dusan, think
OF the outlaw and villain Gas shall
prove him to be)as he goes to your door
and says, "If | get in l will lick you in
ten minutes" Finally the door
is opened-by whom not by Hugh..Du-
gan. You are in your house and open
the door and come in and say you
s--n of Abb anl follow up.


The counsel for the State don't pre-
tend to say that there was any malice
before that. When man enters your
house under such circumstances, what
would you have done? know If be-
lieved the man intended to execute his
threats and overpower me, | should
have pistol by my side. After Nc
Gahey had got in Dugan's wife had to
hold him to keep him from hitting the
prisoner again. What kind of malice
do you call this' 1t is kind Of malice
| never heard of. And say to you, if
you would have done different than he
did when he got his pistol in his pocket,
then you would have done what ninety
men out hundred would not have
done. II the prisoner had malice in
his heart would he not after he had seen
he killed Rowe have fired and killed
the man he had malice againstY In
this case there is an utter absence of
murder. In regard to Patrick Nc
Guirs, the witness for the State, will
say if that man was not drunk then it
was the best imitation OF drunkenness
that ever saw.


When Dugan first picked up the
pistol did he open his mouth. No,
there is no evidence except McGahey
said he called Kim s--n Of b-h.
| will have something to say of this
man when come to him. Do you be-
lieve he wanted to seek quarrel with
Hugh McGahey; McGabey never utter
ed anything Of the hind about Ash
of b--h before The Coroner's inquest,
but when he appears on the stand in
this Court room, he sees himself in q
tight place. Hugh Dugan never said any
thing, J. Gavin, Martin Coleman, Char
les Foster all say Hugh Dugan never
opened his mouth after McGahey got
in.


Levi C. Bird, Esq, continuing his.
remarks for the defence in the Dugan
trial, said that he believed that when
Dugan held the pistol down it went off
accidentally; it went Off without his
intention. II a man comes to my house
and knocks at the door, have | not
right to defend myself! | would pick
up the first thing could get my hands
on and knock him out Of the house as
l would mad dog. II you believe the
shooting was accidental, then gentle
men, give verdict in his favor. Par
don ma for taking up so much Of your
time, as | have got mans Happiness,
a mans life, at stake if you
blame me think of him ; think Of his
sisters who stand my his side; think
Of his home and bring in verdict of
not guilty.


As long as Hugh Dugan lives he lives
with the misery and pain upon his soul
that he was the cause of Richard Rowe's
death.


At l.35 court took recess until 3
o'clock.


AFTERNOON SESSION.


Court re-assembled at 3 o'clock when
Levi C. Bird, Esq, resumed his argu-
nent for tie defence. In referring to
he character of Edward McGahey he
said that he had produced evidence by
well known citizens to show that his
character was bad and that he was a
man not to be believed on his oath.
Counsel for the defence said he could (
have filled the court room with wit
nesses to prove that McGahey's reputa.
ion for truth and veracity was bad c
but that the six witnesses he produced .