, 1873-02-05
nth. something in it.; could not tell
ThAt that arrna$hin0 cn,113

what that something WAS could
not tell who fred the shots Rafferty, asked the
officers to take drink when they frat came in !;
they answered "Aftor 5 while !" Rafferty, offered
her treat, and the officers drank with her; Raj
ferty appeared to be getting over the effects Of
drunk would not swear that he was drunk,
and would not swear that lie WAS sober.
sERuEAET F1TzrATRIcK's
testimony was US follows: Saw Rafferty, the next
evening after the murder of O'Meara it WAS on
the banks OF the canal, about sixteen miles from
Chicago; he appeared to BIO sober; heard him
tell Detective Simmons that it Was the devil
who made him kill 0'Meara-
OFFICER MAuoSET
testified that he arrested Rafferty, on the evening
after the murder, about four miles from the
Summit, on the Illinois aud Michigan Canal.
Officer McKinty and Detective Simmons were
sworn, but their testimony was unimportant.
THE CASE RESTED.
At this point tho States Attorney rested bis
case, and the defence offered thoir eridoneo
JUSTICE BASyoN
was sworn with reference to the warrant which
Officer 6canlon had attempted to serve on Aa1-
ferty. He could not say that no had issued tae
warrant. The signature attached to It was his,
but he was unable to state that he issued tho
document to tho complainant, He sometimes
signed blank warrants, and gave them to tho
Sergcants. Tho warrant for Rafferty, might have
beon one Of those; he was not certain Of that,
DAVID DONOVAN,
whoBo name appeared on the warrant as COM
p1ainant against rafferty,, WAS called and sworn:
11r Small, counsel for Rafferty,, said he proposed
Justices 10 Chicago to issue blank warrants to
Scrseants who filled them up whenever they
saw fit. Donovan testified that lio did not go
before Justice Banyon aud complain against
rafferty,. He went to Sergeant Hood, however,
and asked HIM for o warrant for the arrest Of
Rafferty,, who had beaten him. His head WAS
badly cut when he called to 500 the Sergeant.
SERGEANT EDWARD HOOD
testified That ho saw David Donovan on Sunday,
the 4th Of August, he complained about naf-
forty, and asked for h warrant; witness filled up
q blank warrant signod By Justice Banyon; it
WAS customary for two or three years to hayo
blank warrants in the station the warrants were
in witness' possession; Uitneas filled them up
under circumstances could not swear that tho
police Of his station knew that le had blank
warrants in his possession; never held couvcr-
sation with Scanlon relative to the legality OF
the warrant for the arrest OF HaHorty; could
not say where Olllcsra Onfcara and Scanlon
were when the warrant was filed out; Justice
Danyon wa8 not in the station when tho warrant
was issued; did not suppose that it was unlaw-
full to fill ont warrant did not tell any otaicors
that warrants 80 issued were Illegal
PATRICK GARLAND
testified he knew Rafferty, for Homo months pre-
vious to the murder; Saw him in O'Brien's
saloon on tho evening Of the murder; he was
drunk; could not say that he has not told
States Attorney Reed that he did not know
whether Rafferty, was drunk or not; did not SEQ
Rafferty, shoot.
THOMAS M'ounK
testified that ho saw Rafferty, in Mrs O'Brlen's
saloon on the night Of the murder; could not
say that he WAS drunk or sober; did not see Linn
shoot; witness WAS pretty full himself, at the
time.
DANIEL o'un1Es
testified that he owned the saloon where