Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-11-18
The Fatal Shooting Of T. A. Kennard.
TRIAL Of Frasrner for Ma RIDER.

merit, and Messrs j. r. Mcconnell and A.
X. Browne for the defense.
PLAIN TALK BY BY THE COURT.
Mrs. Ollie Martin was on the stand, and
the offer was made to prove by her that
criminal Intimacy existed between the de-
ceased and Mrs. rawner, and that Kennard
had mede threats towards Frawner. This
offer was discussed At some length, and the
Court said he would rule 1t competent for
the defendant 10 prove that recently, or
In threats against F.'s life. In regard to the
other propositions, which had given rise to
so much debate and cOntrarlety OF opinion
man may assault another whom he intends
10 accuse of invading his domestic peace, he
would say that the only circumstances in
the eye of the law which may justify man
IN resOI ting to such q remedy is where he is
acting under an impulse and in excitement
which is uncomfortable, and which is caused
by Witnessing the act itself, or which may
be presumed 10 exist in his mind, TO render
himself almost incapable of self control by
the recent occurrence of the event. In that
case, any retributiOn, If terrible, must at
least be instantaneous and almost cotempO-
raEeOus with the act. The Court was not
disposed tO extend the law further than this
however. and give license 70 shoot down
nybody they choose to accuse of Invading
tnelr domestic peace, and much less, he
thought, the case would appeal TO the law
II the woman was as much to blame as her
seducer.
TESTIMONY FOR DEFENCE
Mrs. Martin resumed and said she resided
at 3lS Pennsylvania avenue from May until
the latter part OF July, Mrs. +. occupied q
room next To hers. Heard disturbance in
the room occupied by Frawner and his wife
one night, and heard kenuard threaten to
throw Fr3wner out of the window. (fourth
StOry.) and then heard him Stra1gle F'rawner
Witness had heard Kennard make threats
against the defendant before this time,
had conversation, on the latter part of
June, with Frawner. and told him that Ken
nsrd had threatened to take his life IL he did
not cease haunting him at his office and else
where in regard To his (Frawner's) wife.
y. II. Doris. swOrn.-Witness is a clerk In
the AdJutant Generals office, War depart
ment, and deceased was clerk in the room
with witness. Knew his handwriting per
fectly. Witness recognized the writing OF
deceased In several letters shown him by
Henry Sh0o'iCeii, swoTn.-Witness lives on
me northwest corner of 9th and / streets.
witness examined the chart and explained
the Location OF his hOuse) FrawneT had q
room in this house at the time OF the homi-
eide, and on that evening came home from
MS work; witness was sitting on the porch
when Frawner came home and he sat down
aud talked TO him; while talking. Kennard
ara MIS-. trawner got of a car at the corner,
r2Wner remarkiDg to witness. There's nv
VIE now deceased and Mrs. Frawner then
entered lay Tors house, and Frawner said TO
witness that he was going to get his supper.
IN about two hours after this witness came
out of his house and saw Frawner standing
uDcef lamp post on the opposite corner; at
the same time the door at the Taylor house
opened and Mrs. Frawner and Kennard came
out; FTawner walked up TO them. Some
conversation followed, when Erawner start
ed to walk away, the latter following him;
FfaWner stopped, and kennard struck at
him; Frawner then stepped back and fired;
The distance between the two when the shot
was nreo was hfteen or twenty feet; Kennard
walked back to the house again, and Fraw-
ner walked back toward the house where he
rOOIned. Cross-examined :-Frawner'S words
as he retTeated from Kennard WERE "DOn't
shoot
glitter in kennard's hand when he struck at
defendant. but was lot certain whether it
Wes ring or knife.
,Jt4ji,oI Smith, sworn:-Witness resided in
mouse No. 3lS Pennsylvania avenue last
June; knew o. threats made by Kennard to
r rawner and other persons to whom Mrs.
fIaWner would be talking; did not know
hennard intimately; occupied a room adj
Joining that OF KennaTd and Mrs. Frawner.
MIR. Browne said he intended to prove by
his witness the criminal relations between
kennaTd and Mrs. Frawner.
The Court said it came under the previous
fnllng. and the witness was excused.
Mrs N0ffhelrs, swnrn:-Witness carried a
message from Mrs. Taylor to Mrs. Frawner
)n The day of the killing, asking Mrs. Fraw.
Der 10 come up that evening TO meet gen
.leman.
nony as irrelevant, and the objection was
sustained.
SsTqeoft BrosndLapI sworn.-Witnezs went
% IaylOrs house an hour after the shooting
was out witness sat down and famed Ken
ISru- hennard stated that he and Mrs. f.
itaIfed out together, when Frawrar came
icIoss me street and met them, saying to his
SlIe, what do Won go with that man for?Y
ne replying, "I'll go with whom / please"
Hehnaru SAID TO- Frawner, GO away from
Ter, You loafer, or I'll have you arrested;
oH Iau me arrested once, and nOw's my
ime." Frawner said, as he turned on pat
lis light out anyway" This was keanards
to Witness
Iteia. EckioD swOrn.-Witness was present
With Kennard shortly after the shooting and
leard DR. Duncanson tell X. that the wound
was slight one.
Mr.. Dyer, Mr.. Moran, and Mr.. Drew testi-
led TO the good character of the accused.
The District Attorney said that ne had never
'tsr any rebutting testimony on that point.
The court adjourned until this morning,
allowing the jurors TO separate.
To-Day.
The court convened at ten O'Clock this
morning and the prisoner and jurors were
romptly al their places.
Mr. Browne, for the defence, offered the
following letters, stating that they showed
threats and were proof Of the criminal init
macy:
blue EYES" TO HIS DARLING.
WASHINGTON. May 18th, 1875.
Nh OaCT' Darling: Twice happy was this
morning on receiving two letters from you.
| he hrst thing on going to my room was to
etters come, and j got all three; so they
wanted me 10 divide. could not see ii. Two
vas from my pet and the other one from
baltimore. Sweetness, wasn't / angry last
evening. i went to the p. .. to get letter
and waited some half honr, only to be disap-
pointed; but / knew that there must be
letter for me, and friend MeClelland said,
being on the street, you will get ii to-mor-
roY. Pet, ! wrote you letter on Sunday
11ght-l felt so lonely and miserable-beg-
ging you, for Heavens sake, to come back to
me, and intended TO send IL to you in the
bnt after reading il over and TAX
ing everything into consideration, conclud-
I'll not 10 send IL, for knew IL would worry
you and make you uneasy, and knew your
mind bad enough 10 contend with, so de-
stroyed 10, and am now glad of 1t. Babe |
knew you would get home by 10 o'clock for
went back and asked Mr.. Burk at the DEPOT
and he told me. o, darling, | am so glad
that you were received with SO much kind
ness on your arrival at home, so now be a
nee, sweet, good girl. and let them feel your
appreciation. 1 knew that they would not
20 back on my heart broken Emma, and
am so glad to know that you are
happy and your mind at ease once
more, and l hope forever. Oh. Pet.
you never knew my thoughts when /
used 10 watch and gaze on your lovely face
IN your recent trou bles, and pitied you from
The bottom OF my heart, but saw resolution
depicted in your cOuntenance, and knew and
lelt shtTe would carry this out TO the bitter