National Republican., 1875-11-18

yesterday In the Criminal Court the trial Of
John Frawner for the killing Of Thos. A. Ken
nard was resumed. Robt. T. Iverson was 40
copted and sworn as the twelfth juror. The
jurors were then sworn In q body, as follows
Thomas p. Line, James s. Tophami Albert
Parker, (colored,) Charles Klonsn, James
Thompson, John A. Sslby, Walker Lswes, tcol.
ored,1 Artaxerxes F. 0ffutt Richard J. Beail,
Charles Champion, Charles A. Upperman and
Robert T. Iyerson, tcolored.)
District Attorney Wells briefly opened the case,
stating that they expected to prove that the
killing was with malice aforethought, and II
they SO proved they would claim verdict Of
guilty.
The defense reserved their opening.
THE TESTIMONY.
DR.. II. A. Duncanson and DR.. J. F. Hartigan
were called, and testified to the fatal effects oil
the wound produced by ball which fitted the
pistol used by the prisoner.
Mr.. John W. Healy and w. ]. Martin testified
that they were present at the time and witnessed
Detective McDevitt testified that on the even-
ing of the death he was present when Mr.. Ohas.
g. Fisher, then Assistant District Attorney, tosk
his dying deposition. Kennard had been In
formed that he could not live.
Mr.. Chas. g. Fisher was sworn, snd testified
that he was In July Assistant United States ids.
trict Attorney; was at deceased's bedside about
four hours before his death; took his dying state
ment few minutes before his death; some one
gq sSa k1Gs n and {Su aTs R tSs
Affirmative. Martin Healy, McDevitt, Taylor
and others were present at the time.
Cross-examined by Mr.. Browne: Kenn ards ar
ticulation was indistinct and somewhat muddled.
The paper is in his handwriting, but not In the
usual style. witness was excited, and while
there with others drank three or four bottles Of
" ne.
ANTEMoRTKM STATEMENT.
The Court ruled that the paper could be re-
ceiyed, and witness read Il as follows:
met Fswner at the door. Heasked me what
] was doing with his wife, and II knew the wo-
man was with was his wife. said the lady
had sent for me to accompany her home, and
would , S DO 60 he then @ said; 3;.s I'D On you;
head" then said 81 do not want you to act so,
but behave yourself or win have you arrested -
viii shoot -; put o bullet in your heart" and
fired q shot at me, which shot caused the wound
in my side from which expect to die. This 90th
Witness: John w. Hsaly, VIM. j. Martin.
The defendant moved to strike out the state
ment, and the motion being denied an exception
Messrs. Healy- and Martin testified tina. the
statement was correct and that they signed IL at
the request Of Mr.. Fisher.
DETECTIVE M'DEvIrr
was recalled and testified that the statement was
correct. When K.was first asked, he said .Don't
bother me !" but when informed that they wanted
the statement TO be used against the man who
cuted, and Kennard said, aof course do @ and
made the statement. Witness, with Officer SAT-
fell, arrested defendant in Q corn-neld, about o
mile from Fairfax Courthouse, ct daybreak on
July %. Frawner, when arrested, stated that
Kennard was advancing on him, and he told him
to 20 back, but he kept coming up, and he shot
him. He said that he had told Kennard about
going with bis wife, and he was not able to cope
with him. He further said that he was afraid of
Kernard, because X. had killed man in BAlti-
more under like circumstances.
By the Court: Witness thinks that Kennard
was deliriols, because when he went there he was
calling "Oharley = Charley come. here! Oh,
Dr. Duncanson recalled: Witness LEFT about
O'Clock, and deceased was then o little Eighty in
questions. When witness left he considered him
in sane mind.
THE DYING STATEMENT RULED OUT.
The Court said that It was doubtful whether
the deceased was then in condition to make o
he Sens Of tse eG doub He would dns bsssose
rule that the paper should not go in evidence.
After some unimportant evidence Of James
Tayler, the Government rested its case.
THE DETKNsE.
Mr.. Browne, of the counsel for the accused, 81 e
gested that Mrs. Frawner be permitted to testify
Tor the defense, but the Court refused.
Mr.. Mcconnell, before commencing his argu-
whether he would insist upon q verdict of guilty,
or whether he would not upon the testimony
taken, let the prisoner go free without further de-
The Court. "But would no. permit him to
.Mr Mcdonnell. for the defense, then COM
meneed his argument, concluding about l:so
The court then took.s recess.
AYTxR THE RECESS.
Upon the resssembling Of the court, Mr. Browne
called attention to certain informslities in the
The irst witness called was Richard Harris,
who testified that he resided in Baltimore. and
that the character Of the deceased was not good.
he was regarded as desperate man. That was
In 1855 or 1859. Had not known much Of him since.
The court thought the time rather remote 10 be
taken as testimony as to Kennard's character at
John N. Conway, sworn and examined: Lives
In Baltimore; knew deceased from the time he
and during hi. ne his Tss VI ~ "
man OF violence; had heard many persons speak
Of his reputation for violence within this time,
said that Kennard was q man Of Violence; prior
to the killing be had not heard the character OF
deceased discussed for q long time.
ceased at the time he len Baltimore was bad.
Mrs. Ollie Martin sworn and examined: Re
sides IN this city In June and July last lived at
oner and also know Mrs. Frawner.
Mr.. Brown stated that through his motion he
proposed to show the criminal Intimacy that ex-
listed between Kennard and Mrs. Frawner, and
TO show that at that house, upon one occasion,
the deceased threatened to throw the defendant
out OF O thir0-etory window.
Question BY the defense: "Wiu you state what
you know about the conduct of Kennard and Mrs
FTawner at this house ?'
The District Attorney objected to this unless
but q short time previous to the homicide. Adui-
tery did no. justify homicide unless It but Just
made known to defendant before the shooting.
MI Browne replied to the District Attorney,
and quite discussion arose between the counsel
The Court at this point said;
OPINION OF THE COURT
There Is q little difficulty growing ont OF thu
indetnsteness Of this question as to time, but the
general subject 10 open; and might as we'll per-
haps, express the views Of the Court In regard To
the subject that has been discussed on this propo-
Bition.
can have no doubt that 1t is competent for the
defendant In case OF this kind to prove the gen
eral character Of the party whose Life Is taken-to
or as q man Of violence and desperate expedient.;
for the defendant, II these characteristics have
been brought TO his knowledge, is supposed to act
municate 20 Q man when he takes the life Of
another, especially II he has reasonable apprehen-
sion that hfs own life Is IN danger, or that be is in
great danger OF bodily harm. So think it Is
competent for the defendant to prove recently
or before the homicide, the deceased INDUCED Il,
threats against his life.
In regard to the other propositions which have
given rise 70 90 much debate and contrariety OF
opinion within the last few years, the extent to
tends to accuse Of Invading bis Domestic peaee IN
would say that the only circumstances In the eye
Of the law which may justify man In rssorting
10 such remedy Is where he Is acting under an
impulse and in excitement which is uncontrolL-
able. and which Ia caused BY witnessing the act
itself, or which may be presumed to exist in his
mind, 10 render himself almost incapable Of self.
control bT the recent occurrence OF the event In
least be instsntsnsous and almost cotempors. emp a
neous with the act.
1 am not disposed to extend the law further
than this, hpreyer, and give3icense TO shoot down
anybody th<y Jchoose TO accuse OF invading their
would alpssl to the Law n the woman was as
much to blame % her seducer.
MRS. NAkTIx's TESTIMONY.
Mrs. flie.Martip, (continued:) Resided at this
house from May until the latter part of July
FrsHner and his wife occupied room next to
hers. witness hoard O disturbance In the room
occupied BY Frawper and his wife one night, and
heard Kennard threaten " throw Frawner out OF
strangle Frswner. Witness had heard Kennsrd
make threats against the defendant before this
time, and bad Informed Frauner Of them Had
conversation, on the latter part Of June, with
FTsuner, and told him that Kennard had threat
ened TO take bis life II he did not cease haunting
him at his office and elsewhere In regard TO his
(FraSner's) wife.
s. r. Davis sworn and examined: Is q clerk In
the Adjutant Generals offiee, War Department,
and deceased was clerk In the room with Wit
less. Knew his handwriting perfectly. twit-
ness recognized the writing Of deceased IN sew.
eral letters shown him BY counsel for the efense
aenry Shadwell sworn and examined: Lives on
ne northwest corner Of Ninth and ! streets.
Mtness mere examined the chart OF the neigh
Doinooo . u Nnsn and streets, and explained
the location OF bis house, Fra1ner had 4 room
IN this house At the Tina of ana -hc--t-f1- .-S--