Q. "The first shot he fired, was over the faro table, was it ?"

Ans. "Yes."

Q. "Did you keep your eye on his pistol ?"

Ans. "I did all the time till he fell ?"

(Question by defence:)

when this was going on?"

"Was McGehean in the room

Ans. "I did not see him."

It will be seen the state called this witness for the purpose of showing that Myers did not shoot himself as Brewer and Sheely had sworn he did, and that he did not draw his pistol from his front, but his back pants pocket. To prove that Brewer and Sheely were right in their statement, the pants were produced, and shown to the Jury, and it was found that this back pocket was a handkerchief pocket, only three inches deep, and would not hold the pistol, as it fell out as quick as it was put in. Schwab, at the preliminary examination, said, that when the difficulty occurred, he was sitting down playing. cards, with his back to Myers, and was slow in turning around, and that he thought he heard a shot before he saw Myers draw his pistol. The amount of it, is, that Pete Schwab did not see Myers' pistol till after he shot himself. Then it was that Schwab caught sight of the weapon. Schwab says Myers only shot three times, but there were four empty chambers in his pistol. Then the

shot Garver fired made the fifth, and all who were in the room agreed that this was the number of shots that were fired in the room. During McGehean's imprisonment, Schwab gave his theory of the way in which Myers and Sheely were shot. This was published in one of the Cincinnati papers. It was to the effect, that Thomas McGehean first shot Myers, then ran north towards the door and shot again, this time shooting Sheely. His object in doing this, most likely, was to keep the public indignation directed against McGehean, as many people declared that Peter Schwab himself should have been arrested. It was well known that he and Myers had a violent quarrel shortly before the death of the latter.

CHAPTER XXXV

DEATH OF VALLANDIGHAM-NAMES OF THE PERSONS THAT COMPOSED THE JURY. AT LEBANON-THE JURYMAN HITESMAN.

E have now laid before the reader all the evi

WR

dence of any importance that was adduced at the different trials of Thomas McGehean for the alleged murder of Thomas Myers. From first to last McGehean's attorneys contended, that Myers had accidentally shot himself. At the trial at Lebanon, after the witnesses had all been examined, it had been arranged among McGehean's attorneys that Mr. Millikin should make the first speech to the Jury, for the defence, and that Mr. Vallandigham should deliver the final address. It was in the preparation of this address, which was expected to have been the greatest achievement of his life, that Mr. Vallandigham met with an accident, which most unfortunately deprived him of his life. He shot himself, accidentally, while illustrating to a friend how Thomas Myers had shot himself.

Mr. Vallandigham had displayed more than ordinary interest in this case, not only on account of its magnitude, but because his indignation was aroused at the untiring efforts to persecute McGehean, prompted by personal en

mity, and the willful and malicious perjury of some of the witnesses against the latter. The death of Mr. Vallandigham was a terrible misfortune to McGehean at such a critical time. But even this unfortunate accident was used by the newspaper reporters as a means of still further inflaming public sentiment against McGehean, by charging him with being the cause of Vallandigham's untimely end. Thus they encouraged, not only McGehean's enemies in their persecution, but turned against him many of Vallandigham's followers, who, previously to this, felt friendly towards him, but now began to clamor the loudest for his blood.

The newspapers had so misrepresented the facts, in regard to McGehean, that it was a very difficult matter to obtain a Jury in Warren county, as many came into Court believing that the defendant had killed several men, and supposing that there was no doubt as to his having killed Thomas Myers. When they were called as jurors, and when the question was put to them: "Have you read or heard anything in this case to induce you to form any opinion, with regard to the guilt or inocence of the defendant?" they would cast an indignant glance at McGehean, and say, 66 My mind is made up." What a shame it is that men should allow their minds to be so influenced by reading the statements of corrupt reporters, when it is so well known by those who have had experience with them,

that they can be hired to prefer and publish false charges that would disgrace their own grand-mothers. After having called some fifty or sixty men, the following twelve were selected to hear and decide whether the defendant was guilty or not:

Simpson Nutt, John Dunham, Charles L. Wilkerson, Eleazer Downey, J. C. Hitesman, L. H. Price, Adam B. Hathaway, Barnard Verbryke, Cephas Guttery, John Simonton, Levi Hardsock, Wm. F. Hayner.

One of the above mentioned Jurymen acted rather suspiciously. Mr. J. C. Hitesman visited McGehean in jail, and talked sympathetically with him, in regard to his trouble. While the sheriff was selecting Jurors from the by-standers, Hitesman managed to occupy a very conspicuous place in the Court room. Finally he was called. He said, in answer to questions, that he had not read nor heard anything, in regard to the case, to prejudice his mind for or against the prisoner. Here Mr. George Sage, one of the State's lawyers gave him a sharp look, and said:

"Now, sir, have you not been up to the jail talking to the prisoner ?"

"Well, yes, though we did not talk about the case."

Sage looked at him as though he would challenge him, then says:

"Take your seat for the present."