Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1858-03-30

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that Pagan intended to whip him heard Fa-
gan say so over month before don'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.
John Humphrey s5corn-Went to Rooney's the
day after Pagan was killed; number of per-
sons were there considerably excited the dead
body of Pagan was there; Kenan was there
tied; witness asked him what he had been do
ing this for; Kenan felt bad and cried, and said /
he did not mean to XII. him, but meant to cut
him ;.'Kenan felt very bad asked him how
1t commenced She replied in some words about
Lawless' family; that F. asked him to go ont
that he did so, but had not the least idea of Kill
ling him; witness found prisoners hands badly
swollen, and had the rope Ioosened, pledging
himself that Aenaa would not leave if he prom
ised not TO; witness tied kegans arms an !. legs
SO that the rope would not hurt him At wit
ness suggestion they hunted for the knife; it
was found with ice and blood on it wines
examined body and found the wounds as above
described.
Cross ETani'ed-Had known prisoner two
years or more; spoke well of him, as honest, in
dustrlous and peaceable thinks keenan, was
frightened when he first saw him at Rooney's
Rooney stormedssome saw considerable Of
bruise about Kenan's eve, with blood about his
face.
DR.. Charles f. Chambers suorya- Saw the
wounds on Pagan day after he died thinks tn
one on his thigh would have caused death very
saon others might not could not tell much
about 1t as lie did not examine them particular
".
William Carey srorn.-Says he found the
knife the day after Pagan was killed. 6 or 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 the
prosecution. The first witness introduced by
The defence was John Trainer who testified that
he had known defendant since he was little
boy, and before he came to this country also
knew Pagan WAS at Rooneys on the night of
Fagans death there was drinking and card
playing they drank several times; witness
was sitting between prisoner and deceased
tEey were talking about sparkling the girls
suppose it was Lawless girl heard F. tell X
that he (h.) was not as welcome there as him
self; that tho girl would not allow him to
wipe her shoes Kenan replied that he was as
much respected there as Pagan was; Pagan re-
piled 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; keenan, replied that he not lit
to do ii there WAS talk of betting soon after
Pagan got up and asked Kenan to go out with
him, that he wanted to speak to him Kenan
followed him out, aed witness thinks closed the
door; witness went on with the crowd found
parties hold Of each other others tried to sep
arate them saw them fall helped carry Pagan
IN kenan helped put him an the bed, and said
he was bleeding. Witness went to Patch Grove
with Pagan same Cay he was killed Pagan
went ahead when they came TO icy place i'll
the road, and remarked that some man would
be killed. Witness heard Pagan tell Kenan at
time they 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 E1lnaa,adiion.-Saw Kenan strike Pagan
twice when they went out; heard Kensn say
as they were pulling him off of Pagan that be
would kill HIM before he would let him go
heard no anger about the mittens at the time
dispute at Roony's Kenan appeared angry
witness did not go to the door until some one
said they guarding. On the ice, Pagan
sad he would go on first; somebody would be
Be- killed; had not been talking about Kenan.
Direct illness recollects hearing defendant
ask Small to go home with him while at Room
ey 5, before the fuss commenced
George Ballentine Sseorn-Testlfied to the good
ch of 'Io loi
five years. Declined to become kenan's bail
after the killing Of Pagan, because of the feelings
against him in the neighborhood thinks he had
said 50 himself
James Balentine also testified to the good char
actcr of the prisoner up to the time of the killing
Of Pagan.
Several other witnesses also testified to the /
good character of the prisoner, and to his good
conduct since his arrest.
The above is all the testimony Of importance /
We have omitted portion, when the same thing /
was proved by number of witnesses, and such
as considered immaterial
The case was managed on the part of the pros
ecution by Messrs Dunn d Mess~lore, and for /
the defence by Messrs Crawford d Frost. The |
council on both sides displayed much skill /
and ability in the examination Of witnesses, as
well as in addressing the jury
The argument opened to the jury on
the part of the prosecution by l. {. Mess
more, Esq, who spoke for about tive hours in a
very clear forcible and convincing manner. Mr.
Messmore was followed by Geo. L. Frost, Es J.,
who occupied about the same length of time, in
one of his best efforts. Hon. Samuel Crawford
closed the argument on Tuesday evening, on
the part Of the defence, and though we were not
present, We were told that he spoke for about
three hours with a clearnesss, eIoquence, and
precision rarely witnessed in our criminal courts
Judge Dunn closed the argument for the prose
catIOn on Wednesday, f1rennnn- in his usraI lnnI |