National Republican., 1873-09-30

and Recommended TO the Mercy Of the
Csurt. b..
the trial OF Michael Kane, indicted for the
murder Of his brother, John Ktnc, In March
last came on for trial In the Criminal Court yes
terjay morning, before Mr.. Justice Macarthur.
Tho accused and his father sat beside his coun-
sci, Mr; Hine, and Mr.. Harrington appeared for
tho regular panel was called and the follow.
Ing Jurors obtained:
TIE JURORS.
John n. Dale, John y. Cook. Thomas 8. Barr.
James Beckett, Zachariah Hagan, Geo. Wahl,
BENJAMIN Z. Beers, wm; Lucas, Geo. W. Calvert,
The case was opened for the Government by
the case.
witnesscs, who testified that wound below the
shoulder OF the deceased was the cAuse OF his
death.
tined that In March last the accusei came TO her
house and demanded rent. The deceased re-
fused, alleging that Johns father had TOLD him
not TO pay any one but himself. Michael said:
out OF you." Soon afterwards his father came,
Michael having gone, and John said he wanted a
receipt before he paid the rent. After awhile
NE Isoept sss Ss'h nCt Mh rs M %
yelled out: "You are id liar; II Is right by
my schooling" John then bent down and seized
piece OF wood. As he did so Michael fell upon
hin and stabbed him In the back.
Emma Woods (colored) testified that she was
domestic IN the house OF Mrs. Kane, and on
the evening OF the 9Th OF March Michael came
and asked John for the rent, aud that John re-
fused, saying that he would pay no one except
his father. Soon after the father came after the
rent, and John asked for receipt. Mlcnael came
with receipt A dispute occurred between the
brothers as to whether the receipt was proper
| one, during which the deceased stepped down to
| get m,ssile OF wood, and the accused stabbed
| him In the back.
Frank Lochran testified that on the day OF the
| homicide saw defendant put something In his
| In cut his heart ont"
The prosecution here closed, stating that they
would not ask ayerdict higher than for man
| slaughter.
Coenenns Kane, father OF the defendant aud
deceased, testined to the circumstances 10 detail
aud said that Michael had not been In a difficulty
| before.
Hugh Diguey testified that Hannah Kane said
on the night OF the Inquest that II it had not been
for her John would have put Mixes daylight out
Charles McNamee testified that he was present
| ct the hospital when the deceased was about
dying; saw him sign u paper; Identified the
A recess was here taken until o'clock.
shortly after O'Clock the court resumed It's
session, and the defence called the following
| witnesses:
Dr. ]. L. Boyle. Witness was called TO visit
John Kane-once on occasion OF cut on his
shoulder nj home. AMI afterwards at Providence
| hospital, where an operation was performed.
This was to tie the pOsterior circunlfiex artery,
which supplies the head Of the upper bone OF
the arm, and stop q secondary hemorrhage.
Witness told him aud his father that he would
die certainly without the operation, and that In
me operation me chances Of ~, were small, He
for death. IL was under these circumstances
mat he signed the paper IN question-the dying
MT. Hine then offered to read the paper.
Judge Macarthur saii he an not soc why, In
principle, q dying declaration. which Is conipe-
tent for the prosecution, Is not equally compe-
Mr.. Harrington said that tho adJudsed cases
were directly contrary. Sleh a declaration
would he competent eyldcnce for the prosecu-
ton, hut not for the defence.
the case upon 1rst Impressions, and would admit
the document.
Mr.. Hlne said it woulJ be seen by the sigma.
sare thst m y, me indictment was deiee!iye. q the
killed his brotherl
The following paper was then read In evidence:
TIE DYING DECLARATION.
Before the undersigned notary public In and
for the District OF Columbia personally appe ared
John Kane, who declared on oath that up TO The
time OF tho alteration between himself and
brother there was the greatest good feeling, fel-
iowship and love existing between them, and
that what occurred was the result OF instant
temper. without premediiation or intent.
sworn to before Charles W. McSaaee, April
4, 1873.
Edward Slmms: Witness knew Michael Kane
very well. Ills reputation In the community Is
not OF good and peaceable boy. Witness had
known him for fifteen years.
Mr.. Iline announced that he closed his case
here and was willing that the case should 20 to
the Jury.
Mr.. Harrington also was willing to submit the
case to the jurv without argument, with such
Instructions OF the Court as To the law of bolni-
eide. The prosecution had already given the
accused the benefit OF every doubt. IL was GER
talnly case OF manslaughter.
Mr.. Iiine said II certainly was not q case OF
manslaughter, and submitted certain iustruc-
tons which the court granted.
The Jury then retired and soon returned Into
court with verdict OF guilty OF nanslaughter
with Recommendation 10 the mercy OF the
Court.
The Court said the recommendation should be
considered, and the accused was sent back TO