Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-09-29

GUILTY OF MASsLACGHrE2.
This morning In the Criminal Court, the trial
l Of Michael Kane, charged with the murder OF
4 bis brother, John Kane, on the 18th of March
last, was called--Mr. Harrington prosecuting,
i with Mr.. L. G. Hine for the prisoner. 1t will Be
remembered that the brothers had dispute
about rent, during which Michael stabbed
death Of the latter within few DAYS tseTsas sse
1 Messrs. John II. Dale, John j. Cook, Thomas
s, Burr, James Beckett, Zach. Hagan, George
| Calvert, Louis Spanier, Louis Kettler. and
Thomas Bruce were selected as the jury.
| THE TESTIMONY.
OTs- j. r. Hdrtt1dn and James r. Riley testified
| to the wound being below the left shoulder. and
that 1t undoubtedly caused death.
Hanrsh kane, the wife Of the deceased, tssti-
FED that on the 26th of March Michael came 20
the house and demanded the rent and John re-
fused to pay it, because his father had in struct-
ed him to pay Him only; Michael said, .sYes,
IN you, II II was mine would beat il out
OF YOU Michael went away, and shortly after
wards the father came in and asked John for
the rent; John said he would not pay it un-
less he got receipt Michael came back with
a receipt; and John said IL was not right;
Michael replied, you're a id liar; It is
right, according to my scooling:" John stoop-
"a 10 PICK up piece of wood, when Mich ael
plunged knife in his back.
Cross examined:-When Michael first came a
dispute arose, during which John threw a wash
basin at Michael. John also had some words
with his father and said if he come into his
house without knocking he would shoot him
witness has been travelling around with her
rather and mother; she is a gipsey. The piece
ling wood.
Emupa Wood, colOred, employed as servant
By Mrs. Kane at the time, corroborated her
testimony in the main.
Frank LOchrdR testified that on the day of the
homicide saw defendant put something in his
P IiS ana say, us he puts his hand upon me
The prosecution here closed, stating that they
would not ask verdict higher than for man
Cornelius Kane, father of the defendant and
deceased, testified to the circumstances in DETAIL
and said that Michael had not been in a diff
Guilty before.
High Di1aey testified that Hannah Kane said
on the night of the inquest that if it had not
been for her John would have put Mikes day
light out.
Charles McNdlcee testified that he was present
at the hospital when the deceased was about
dying; saw him sign a paper; Identified the
The prosecution objected to the introduction
Of the paper, and the objection was sustained.
A recess was here taken.
After recess, DR.. Cornelius Boyle testified that
he attended the deceased, and described the
wounds; informed him that he would die If an
operation was not performed. and that tn
chances Ufrecovery were slim; the deceased sent
for priest and made statement in writing.
Mr.. Hine proposed to read the statement to
to the jury.
The Judge said he would admit it, although il
was the first time he had heard Of dying decla-
ration being offered in behalf OF the defendant
The paper in question was read. The dying
man states that up TO the time OF the alterca-
ton there had been the greatest good feeling
between them, and that the homicide was the
result oftemper.
Mr.. Edscard Simms testified to the good char
acter OF the accused.
The court charged the jury that If they be- |
1eyed the prisoner had reason to believe that |
he was in danger of great bodily. harm at the |
time, they should acquit; and in determining |
TINS they should take all the circumstances into |
consideration.
GUILTY OF MAEsLAUGHTER.
The jury retired at 2H o'clock, and in fifteen \
minutes returned with a verdict of manslaugh- |
ter, with recommendation to the mercy of the |
court
Mr.. Hine moved for a new trial