Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1858-04-10

| I OF MONTHS, known kenan 3 years
went 10 Rooney's with Pagan at Fagan>
request; several persons preseiit were play
ing cards for whisky; witness played AMI
lost twice; cost him so cents; Pagan
J, treated; thinks they drank six or eigh,
times round; difficulty rose as witness SUI !
posed about trading mittens; saw Fagan
| lift his hand, and kenan square himself;
did not hear theiii speak parties had been
III the habit of visiting at his fathers
house heard Fagai SLY he could whip
keenan,, and could take miltens from him,
and if he was anyhere but in his fathers
house he would do so; never knew of any
other difficulty; heard Pagan ask KeIian
to 60 out; saw them have hold of each
other out of the door; saw them fall, Ke-
nan on top; heard neither of them speak;
keDan assisted in carrying Pagan in; heard
keenan, say Pagan was bleeding; Kenan
felt troubled about it; saw Rooney knock
Kenan down init him over the eye; left a
mark; saw no disposition on the part of
kenan to get up a row; witness knew de-
ceased did not like Kenan; heard him say
$50; and III derstood him that when be got
ia chance ne would whip him; don't know
which struck first out of the door: saw
kenan tied solid; Kenan was we'll be
haved, and respected by witness fathers
family.
Direct resumed Witness did not tell
keenan, sllat Pagan intended to whip him;
heard Pagan say SO over month before !;
didn't know that all drank on the night of
the killing; none SO much intoxicated as
to prevent their walking straight; Pagan
and Kenan both drank. -
Join Humphrey swo,m.-Went to
Rooney's the day after Pagan was killed;
a number of persons were there, consider
ably excited; the dead body of Pagan
was there; Kenan was there tied; witness
asked him what he had been doing this
for; keenan, felt bad and cred, and said be
did not mean to kill him, but meant to
cut him; Kenan felt bad; 1 asked him how
it commenced, he replied in some words
about Lawless' family; that f. asked him
TO 90 out; that he did SO, but had not the
least idea Of killing him; witness found
prisoners hands badly swollen, and had
the rope loosened, pledging himself thai
KEENAN, would not leave if he promised not
to-; witness tied Kenans arms and legs SO
that the rope would not hurt him. AT
witness suggestion they hunted for the
knife; it was found with ice and blood on
it; witness examined body and found the
wounds as above described.
Cross eramiaed.-Had known prisoner
Two years or more; spoke well of him, asI
honest; industrious and peaceable; thinks
kenan was frightened when he first saw
him at Rooney's; Rooney stormed some
saw considerable eff bruise about Kenans
eye, with blood about his face.
DR.. Charles r. Chambers sworp.-
Saw the wounds on Pagan day after he
died; thinks the one on his thigh would
have caused death very soon; Others
might not; could not tell much about as
he did not examine them particularly.
' William Carey Sgora.-Says he found
the knife the day after Pagan was killed,
6 or s feet from the door, in the snow;
thinks the knife shown him the same one
knife was bloody when found.
This closed the testimony on the part
Of tue prosecution. The first witness iu-
troluced by the defense wasJoAn Trainer,
who testified that he had known defendant
since he was a little boy, and before he
came to this country; also knew Pagan;
was at Roney's on the night of Fagan's
death; there was drinking and card play
ing; they drank several times; witness
was sitting between prisoner and deceas-
ed; they we're talking about sparkling The
girls; suppose it was Lawless' girl; heard
+. tell K. that he Ky was not as welcome
there as himself; that the girl would not
let him wipe her shoes; Kenan replied that
he was as much respected there as Pagan
was; Pagan replied that they would not
allow him (K.) to carry out their poe !;
Pagan drew his hand, but did not strike,
but said he would give him slap in the
face; Kenan replied that he was not fl
to do it; here was talk IF betting; soon
after Pagan got up and asked Kenan to
90 out with him, that he wanted to speak
to him; Kenan followed him out, and wit
ness thinks closed The door; witness went
out with the crowd; found parties hold of
each other; others tried to separate them
saw them fall; helped carry Pagan in
Kenan helped put him on the bed, and
said he was bleeding. Witness went to
Patch Grove With Pagan same day he was
killed; Pagan went ahead when they came
to an icy place in the road, and remarked
that some man would be killed. Witness
heard Pagan tell Kenan at a time they
were talking about trading matters, that
he would wipe the streets with him if he
/ thought it worth his while. Witness
! further testified to the good character Of
Kenan.
/ Cross examiaed.-Saw Kenan strike
! Pagan twice when they went ont; heard
Kenan say as they were pulling him of Of
/ Pagan that be would kill him before he
would let HIM go; heard no anger about
the mittens; at the time of dispute at
Rooney's Kenan appeared angry; witness
did not go to the door until some one said
they were quarreling. On the ice, Fagan
said be would go on first; somebody would