National Republican., 1875-11-19
TIE rRAvxER TRIAL.
rsstimsny clossa-Arsumsnts Of Counsel
Begun,

Tsstimony Clossd-Arguments Of Counsel
Begun,
The trial Of John Frawner for shooting Thos.
A. Kennard, In July last, was resumed in the
Criminal Court tJudge MaeArthur) yesterday
morning at 10 O'Clock; ]. R. Mcconnell and A. K:
Browne for the defense the District Attorney ana
H. II. Wells, jr, for the Government.
FraWner was brought into the courtroom
promptly on time, looking as though he had not
enjoyed very good nights rest. His face bears
. nervous, care-Wern look, probably as much the
effects Of anxiety as to the result Of the trial as
Of close confinement. Mrs. Frawner, who has had
an interview with her husband during the recess
drinking water, and In other ways very attentive,
dtd not make her appearance yesterday.
dencc Of the criminal intimacy between Kennard
and Mrs Frawner, auumber Of letters (published
in full at the time of the homicide in THE REPUB-
which he calls her aMy own Darling, !" "Pet,"
"My Heart-broken Emma" Babe and In
which he says; "If 20 in my trunk there are
there is your sweet-smiling face watching me, and
II look over the bed there is your lock OF nair
% %n blue let
ter, II will be remembered, he says:
'Oh, Pet, you never knew my thoughts when
your recent trouble, and pitied you from the bot
tom Of my heart, but saw resolution depicted IN
your and knew and ie.5 S IrS MO91 %1
your case and be happy woman again, and y,
darling, look we'll before you leap again, and do
worthy OF IT, Rs that villain has done for the last
six years. do not think he will bother me, for q
man that would strike defenceless woman isnot
apt to come after man." .. ....
This letter ends as follows:
sit is now twenty minutes past eleven o'clock,
Of mix. viii tell ollie about the pattern and
take It over to the milk-house; give my love to
Mollie, tell her TO write me my letter and perhaps
7 .-frraa min hau
Answer this and and destroy his letter, and then
they viii be nothing. Yours truly and only. ),
Another letter begins as follows:
. 'EADJUTANT GENERALS OFFICE,
s'WAsHTNGToN, May q, 1875.
any OwN SWEET DARLING: Happy was this
morning in getting two letters from you. know
the country looks gloomy and desolate TO you;
but darling, make the best Of It and keep up your
spirits Do not falter or be doWn-bearted, now
that your way seems 20 bright and clear"
Further aleng In this letter he says:
sob, pet, forgive me what am going to con-
about you that got to drinking and got tight,
and have Just got TO work to-day; but VIII not DO
It again. because T. alwsys makes ne feel worse
face and help dress me now. No, no; am friend
less and helpless"
Speaking Of information given him by Detective
McElfresb, TO the ehect that FraWner wished to
have them (Kennard and Mrs. Frawner) caught
together, so that he could procure divorce, he
ply before he does, and make him pay the court
fees. So you had some one TO press you In their
Sye &
is not that man that lives on this earth that shall
ever call you by that name If cannot. think
have stuck BY, and am still willing to stick BY
you. II cannot call you wife no one shall have
: = This morning Ella told me about Mrs.
st capturing some papers, letters, So, from
her husband. do not know what Annie Is think
him She will not take any ones advice TIL It is
too late, and then she will regret It all her lie
Ny darling has plenty y;,b 81 nerve nod and
bye, and may God Almighty watch over and pro-
tsct you is the ferVent wish Sf y your M vvrn povp
The following note, written evidently in haste
with pencil on small scrap Of paper, It will be
seen, is dated July 2s, the day after the shooting
occurred:
uDKAR EMMA: Can't 20 out to-day; will as soon
able to go out in day or two. Be good girl. I
will come as soon as ! can. Please send me my
spectacles. Tom, I will see you as soon as POSI-
On the back Of yellow letter-sIze envelspe,
among these letters, was written in pencil: 81
can't help loving her; she has my whole heart
perfectly happy and contented with her. II she
will only prove true 10 me will 70 her."
The GoVernmenf, o1lecting to these letters being
by the court. The defense then called several
more witnesses.
Mr, leighton: Was clerk Of the Police Court in
May and June last. Frawner came to witness
twice for warrants for the arrest of Kennard for
adultery. This was three or four weeks before
Gross examined: No warrant was issued. [wit-
ness explained certain marks on warrants shown
him by the District Attorney, one Of which, "N.
p" meant noIle Pros.l The papers shown wit
nets are the only papers in the case, and are the
original papers.
Benjamin Ford: Is employed in the Engineer
Bureau Of the War Department, and was &C
quainted with Kennard. -Four or five days before
this homicide witness met Kennard coming out
q bowie-knIfe for him. The knife blade was
about ten inches long, the handle Of buckhorn.
Witness cleaned the knife up nicely for Kennard,
H. II. Clapp: Knew Kennard when he was en-
ployed at the Government printing office. De-
ceased was, during that time, considered quiet,
Howard Brooks Lives at 80 Third street, and
has known Kennard about twenty-five years; has
always known him to be Wild, reckless youth;
N. A. Dubois: Is an employee of the Govern
ment printing office. All that witness knows re-
has heard from others. Had heard persons say
they didn't care TO be In his (Kennsrd'D company
much.
Charles H. Parkinson: Is plasterer, and knew
both Frawner and KeDnard. Had heard deceased
spoken Of as lone Of the boys" or one who, when
SELF Gould not cali Kennard exsetly "rounder."
HrzTrer's reputation as man OF peace has 81
ways been very good.
VIM. II. Martin, recalled: Some two @ three
yersation with Kennard In regard TO FraWner's
wife. Deceased stated 70 witness that he would
he would break any one's neck who attempted TO
do SO. FraWner had threatened 70 shoot him, but
he (k1 had Put away revolver be had been
carrying, saying that he did not want a revoiyer
.or such an insxnihcsnt man ss FraWner. III he
I'd vent 70 Interfere with him he would break
him In i've.
years, and so far as he knew the character Of de-
ceased was good.
The defeHse then closed. II
4. z. Hotchkiss, (caIled BY the Governms.at for
rebuttsl Of testimony given by c,,anss isn on
Wednesday, Saw the shooting. 90 vsn and
one woman came out OF .ylor's house. The
"GmaS 9ni.n 1td ch', 20. CONF COVE or the steps.
viz tpis the evidersse in the case closed, and
the District Attoraey submitted to the court
prayers for instruction.
Mr.. Broyne, for the defense, said that he was
NInps to submit the case TO the jury without
The District Attorney thought the case had
better Be argued 6ut Ha'ea "a ns 0pennS g .-ousd
he preferred It should take the regular course.
Mr.. Wells then commenced his argument, say
thst made 70 McDeYitt By Frawner In the corn.
field, Kennard,s account a. given 70 Sergeant
BIosnahan, and that given By the witness Shad.
three, and claimed that from this evidences the
Government had made clear case. The iearned
counsel for the defense nhQ $1,000 up mere bnQ
said that there were but two things for you, gen
tlemen Of the Jury, to do; either acquit the prls-
oner or bring in verdict Of murder. 1t Is murder
or nothing. Murder or nothing! has said the
counsel for the defendant As for him Mr.. Wells)
he would be more merciful, and may yet give you
reasons for bringing in verdict Of manslaughter.
But the defendant must show that his life was n
danger, or that he was in great danger Of bodily
harm. There had been no threRts-at least the
evidence did not show ft-and although the de-
fendant may have had fears for his life, yet that
did not Justify his taking the life Of fellow being
The defendant shot KeBnard because be followed
him. and it ID plainly shown By the evidence given
as 10 the words Of Frawner at the time-.Don't
follow me; 20 back or I'll shoot you,n and he did
shoot him. The evidence Of the Witness Shadwell
did not show that Kennard had any deadly
weapon in his hand ct the time he made the
stroke at Frawner. "Something glittered in his
hand; 1t might have been ring, or 1t might have
beena knife" There was evidence, however,
that the deceased had discarded weapons, saying
that he did not need anything for that man; that
he could break him in two.
Mr.. Browne, for the defense, then commenced
his argument, and made q beautiful and eloquent
appeal In defense OF the family altar and the pro
lection of the family reside against the wiles ol
the sedueer and sdulterer. He closed about 5
O'Clock.
Mr.. Wells followed Mr.. Browne, occupying
about an hour, when he yielded to the court e
adjourn until to-day ut 10 O'Clock, when he viii
conclude, and the case will probably be given n
| the jury before noon.
4 The court then adjourned.