Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-11-17
The Fatal Shooting OF T.. 4, EauuarJ.


ieve1 j. .roTs selected mp 10 yesterday an
eaI.a ia the box. and ire prisoner Vas in
court promptly on the hour.
THE SELECTING OF jury
"" proceeded with-teu additional tdlesmen
.aying been drawn and summoned to appear
this morning from which TO secure the re-
naming Juror. samuel e. Middleton was
sworn and answered that he had COnscien-
t'Us scrpples; Robert Il. IversOn, colorei,
THE JURY SWORN.
The jurors were then sworn in n body. as
follows: Thomas Il. Line, James s. Topha N,
Albert Parker leelored), Charles Klnman,
James Thompson. John a. Selby, Walker
Lewis lcolored), Art2xerXes f. Ofutt, Rich
ard j. Beall, Charles Champion, Charles y.
UFpeTman, and l. bert T. I1ersOn (cOlored).
District Attorney Wells briefly opened the
case, stating that they expected TO prove
that the killing was with malice efore-
thought and If they SO proved they would
claim = verdict OF guilty.
The defence reserved their opening.
TIE TESTIMONY OF THE DOCTORS.
In. IS. 4. D5g3caHsOn was frst sworn, and
testified ts.at on the night OF the 9Th of July
he was called and made an examination OF
the wound OF the deceased tEennarl:) found
a pistol wound i'm the right side of the body,
seven inches from the navel. Tue bail peue-
tratCd and perforated the bowels, and wa
found about one inch from the spinal coll
urnn. IL was about ten minutes after the
occurrence hat he first saw the deceased.
Witness producer the b all, and applyi X it
70 the ptstOl-a small single barTeled one
found IL 10 MT the weapon-I From the Gocts
- hours after the shooting. Cross examined
by Mr.. McConpeli:-The deceased appeared
To be nervous, having been drinking few
days previous. He was cheerful, and never
believed up to a little time before bis death
that be was going to die. Deceased said that
he and FTawner had had some difficulty, and
he followed r. and had some conversation,
and he M made movement 10 strike him,
When r. fired the pistol.
A question as To whether Kenner1 did not
say that he did not blame Fra wner was ruled
ont.
Dr.. J. f. HG7igG,, testified to having made
the post nOrtem examination ON the morn
ing of the 3lst of July, at tine house on !
street, between Sth and 9th, and he described
the course OF the ball. He had 10 doubt but
that the wound caused death. The deceased
was well built. robust man, weighing about
height. There was nothing to show that ne
had been using Intoxicating liquors to eX-
cess.
JOHN W. HEALY
testified that he was present on the evening
Cf the sath Of the deceased or the day be-
fore. The deceased then made a statement
To tie Assistant District Attorney. which
wa witnessed by MIR. Martin and himself.
The District Attorney offered the state
mert in evidence.
Tie court asked If the foundation had be n
laii.
The District Attorney said that the paper
would show that the deceased thought tlat
he was dying.
The count questioned the witness, who sad
that the physicians had tie IN in cOnsuita-
ton. and Informed him k that he Womb
live but few hours. Up to this time Ken
marc. did not think that he was in danger,
KENNARD's DYING STATEMENT.
bat j. MdTtta swoTn.-Witness was pres
eut when kennard died; he ma te a sta te-
ment about two hours before his death. He
was then in a critical condition; don't know
what he said about dying then; il was with
difficulty that they could hear him.
Dr.. DtlcdpSOH recall ed.-Kennard'S voice
at this time was almost inaudible.
Jas 4. -HcDctHt, detective j. Witness was
~ 4. 49, ~. ~.
Chas. g. Fisher, then assistant district at
iOTney, took his KS statement. Kennard
lad been informed That. he would not i've
iOEg, and he was then very weak. Don't
think II was the physicians who Informed
keInard OF his dying condition; other per
sons knew as well as they that ne was dying
thOS. q. Fisher, who had been summoned
from Jallr) was swOrn.-Witness was in July
assistant United States district attorney;
was AT deceased s bedside about four hours
before his death; took his dying statement
a few minutes before his death; some one
asked, do yOu know that you are dyIng?'
81 something TO that effect, and he answered
M the affirmative. Martin, Healy, McDe-
Wit, Jay Tor and others were present at the
time. Cross examined by Mr.. BrOwne:-Ken-
uaTd's articulation was indiStinct and some
what muddled. The paper is in his hand
Wiling. cut not ia the usual style. Witness
was excited. and while there with others
"a sDk three or four bottles OF wine.
The Court ruled that the paper could be
received, and witEeSS read 1t as follows:
u met FrawueT at The door. He asked
nIe what l was doing with his wife, and ii |
siew the woman was with was IHs wife. /
her home. aud would do So He then said:
&C d. yOu, will Kill YOU. | will send a
bullet through your head ! then said: Il
Co lot want on 10 act so, hut behave yO,Ir-
self, or / viii have you arrested" He then
followed me from the door and said: II Will
shoot -. put 4 bullet in your heart. ami
hrod a shot at me. which shot caused the
wound ia my side from which 1 expect To
die. This Goth day Of July, y. ID, 1875.
CHAs. q. FISHER.
Witness: John W. Healy, VIM. j. Martin"
The defendant moved 10 strike out the
statement and the motion being denied an
exception was noted.
Messrs. Healy ana Martin testified that
The statement was correct, and that they
signed IL at the request OF Mr. Fisher.
IHE ARREST OF FRAwNER, AND HIS STATE.
MEST.
n. McDCrin was recalled and testife! that
the statement was correct. When X. was
first asked, lie said, don't bother me-" but
when informed that they wanted the state
ment TO be used against the man who shot
him, and asked If he wanted the man prose-
cuted, aud Kennart said, "Of course do'
and made the statement. Witness, with Of
ficer Safell, arrested defendant in corn
field about a mile from Fairfax G.. H.. at
day break on July 29th. Frawner when ar
rested stated that kennard was advancing
on MIN and he told him to go back, but he
kept coming up and he shot him. lie said
that he had told kennard about going with
his wife, and he was not able To cOpe with
NH ne IuI lltE Sdlu mat ne was AFRAID Oh
Kennard. because X. had killed a man in
Baltimore under like circumstances.
By the COuTt.-Witness thinks that Ken
DaTd was delirious. because when ne went
there he was calling, Charley, Charley
come here. On! Doe DOc,' &c.
DT. DtG,cGtSCH recalled.-WitnesSl left about
g o clock, and deceased was then little
Eighty IN mind, but he could give rational
aDsW erS to direct questions. When witness
lett he considered him in a sane mind.
THE DIVING STATEMENT RULED OUT.
The court said that III was doubtful whether
the deceased was then in condition TO make
a dying declaration, and he would give the
defendant the benefit of the dou bt. He would
therefore rule that the paper should no: go
III evidence.
THE SHOOTING.
lanes TCytOr testified ahat he did not see
The shooting, being in the hall when the shot
was fred. kenBaru came in and said he had
been shot.
By the Court.-The shot was fred between
: and O'Clock p. m, on the 9TH, AMI Kel-
nard died about G:Ij or the }0th.
Mr.. Brown here submitted a diagram,
showing the location of the house, the point
Of shooting, &c, which was examined by the
court.
THE GOVERNMENT CLOSES ITS CASE.
The government here closed.
Mr.. Browne said that Mrs. Frawner was a
witness before the grand jury and on whose