Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-11-19
The Fatal Shooting Of +. A. Kennard.


Trial Of FrarHer for Murder.
Yesterday. in the Criminal Court, Judge
Macarthur the trial OF the case of John Fraw-
ner, for the murder Of Thomas A. Kennard
on the 9th of July last, for alleged intimacy
Attorney Wells and q. Il. Wells. jr, for the
government, and Messrs. ]. R. Mcconnell
and A. X. Browne for the defence.
,bsse r G,osed his s sTgnmens aSo1t
behalf of the prisoner.
CLOSING ARGUMENT FOR THE GOVERN
Mr.. Wells. about ais O'Clock, commenced
his closing argument, urging that q verdict
of murder be not given, but one of man.
slaughter; There was no legal justification
any act OF adultery, nor was there any evil
dence that 1t was committed. The killing
was done while Frawner was cool, and
months after he had been warned of the
adultery. The rule was that whenever you
detect the seducer in the very act ofadultery,
then and there. at that very moment, draw
and STAY him in his crime. But this was not
such case. Mr.. Wells then reviewed the
evidence, and at AIS O'Clock gave way To ad-
To-Day.
The trial was resumed this morning In the
presence OF very large assemblage OF spec
tators.
District Attorney Wells resumed his argu-
ment, calling attention to the statement of
Frawner as 10 the shooting, as also TO the
statement OF kennard, stating that they
could take either as true. The defence
locked on Shadwell's testimony as most i'm
portant, and the reason was apparent. He
had sworn TO fact not referred to by others
knife or something glittering in the hand
OF KennaId. He claimed that Shadwell was
l20 yards from Kennard at the time, aud
Erawner was between them. The truth was
that Shadwell did not see the knife, and that
he was mistaken in his testimony. He
claimed that the only reason Frawner had
for KILN kennard was what he said that
he would do it for-for following him. The
law in this case says that the accused is
guilty of manslaughter. The counsel spoke
in their own hands, but he looked forward to
the day when every one would rely on the
protection of the law. Mr.. Wells asked il
they could say on their oaths that there was
provocatiOn enough for the killing.
Mr.. Wells closed at 10H O'Clock, and the
defence offered certain prayers for instruc-
lions.
Judge Macarthur said that he had no OBJ
lection to granting the prayers and he pro-
ceeded to charge the jury.
THE CHARGE TO THE JURY.
After defining murder, Judge Macarthur
sai id that malice may be inferred. II man
kills another with deadly weapon, although
he has made no previous threats, the law in.
fers from the character of the weapon used
that the act was committed with malice. 1t
is quite clear as the defence claim that if
from the whole circumstances there is reas-
enable hypothesis that the act was commit
ted without criminal intention, the crime
becomes one of manslaughter, or the hOmi-
cidei is Justifiable homicide. If the act was
committed in the heat of blood, the killing
is manslaughter, and If the circumstances
Justify tiff IL was committed in self-de-
fence-it may be justifable homicide. After
referring to the circumstances OF the meeting
and the shooting, which showed that at the
time Frawner was retiring and Kennard fol-
lowing up, he asked was the act murder or
manslaughter? He thought that under the
circumstances ne would have great hesitan-
cy II he was on the jury in bringing in a ver-
diet of murder. and the court would be salts
fed If the verdict should not be of murder.
II was unfortunate that the law here does
not classify murder as in other states, for in
his eXperience here there have been several
cases in which such classification was needed.
Judge Macarthur referred TO the plen of
JuStinabie homicide, and said the counsel
had insisted on what is recognized by no law,
and which has never been promulgated by
any court, although il may have been acted
upon by juries in some instances on their
own responsibility. The counsel says that a
man is justified in Staying an individual
who invades his domestic peace. There are
cases in which an act of that description Is
eXteDuated by the law, and that is when the
husband Stays the seducer or the adulterer
at the time the act takes place, or so soon
after il that he may be supposed still to be
under the heat of ungOvernable passion,
which such an act is calculated TO produces;
but further than this the law does not go.
The law Will permit any man to shoot a
burglar whom he may find in his house in
The night time, and IL is justifiable; but the
law will not permit him to go out on the
highways or the public streets of city and
shoot down any man whom he may choose
TO accuse of being a burglar. The
law in such cases reserves the retribution to
itself and looks upon acts of that kind as
murder; and SO IL is with any criminal act
You may when you find a person in the act
of robbery. when there is no way of pre-
venting ii other than taking his life, slay
him on the SPOT; but officers of justice and
the individual who has been deprived of his
property by the robbery Will not be permit
ted afterwards to go out and shoot him down.
IL this principle is TO prevail in any case, 1t
other; but society is left without the prOtec-
ton of the law, and subject to the violence
OF individuals and to the vengeance of those
who suppose themselves to have been in
Jured. The court then referred TO the plea of
self-defepce, and said that they should con-
slider the circumstances. When the party is
a reasonable man, not an unreasonable One
nor bold, courageous man to the last extent
on one hand, nor timid, nervous one on the
other. but reasonable man, having good
ordinary Judgment, and should under the cir
ing danger, he may slay his assailant and
the act would be justidable.
The jury retired at IL 4 o'clock.
WAITING FOR THE VERDICT.
Judge Macarthur from the jury. and in
few minutes thereafter they came into court.
The court said that he had been informed
some OF the jurors, and If he knew what par,
ticular point they desired light upon be
would give IL.
A juror said that the misrepresentation was
as TO the definition of murder and man
slaughter.
The court briefly instructed the jury that
murder was when the act is premeditated,
and manslaughter is when the slayer, in the
heat OF passion-not with a settled purpose
or design-takes life.
Mr.. Beall, a juror, asked as to the prayers
offered by the defence, and the court read
Them, repeating what he had said when the
the case was given to the jury, and they re-
tired again at 1:43 O'Clock.
The jury were still out at 3 O'Clock, and the
opinion about the courtroom was that they
would not agree on a verdict,
REAL ESTATE SALES.-Messrs. Durcanson
Bros, auctiOneers, sold yesterday for VIM.
Redin Woodward, trustee, lot ., in square %,
having front OF 10 feet IL inches on 18th
street. near X street northwest, and running
back Dos feet, in all 1882 square feet of
ground, To VIM. j. Sibley, for 1lJh cents per
square foot.
Huyck Addison have sold for F. ]. Jones
10 Rev. j. w. Hoover, lot p, in w. w. Corco-
rams subdivision OF lots in square No. ii6,
improved by three story ten room brick
resi for- =