The daily gazette., 1878-08-12

on account of the crowd of spectators
present a motion was made and carried
to exclude all but the jurors and repor-
ters. No policeman being present the
crowd refused to go out, and the Jury re-
tired to the police waiting room, the
crowd attempting to rush pellmel after
them, and only being restrained by the
timely arrival of some officers. The Jury
| remained in this room about an hour and
then returned to the large hall, officers
having been secured to keep out the
crowd.
THE EXAMINATION RESUMED.
Mrs. Mary McCann, sworn Il reside
at Front and Washington streets; / was
well acquainted with Collins, but know
nothing about his death he was in my
saloon last night; he came in several
times and the last time, about half-past
ten o'clock, he was pretty full the per-
sons in the saloon then were Billy Pey-
ton, Mike Dawn, Jim McClain, and Will
lie O'Donnell, Mrs. Keegan was also
there, but went home early. l closed
my place about half-past eleven.
Question-Was that after the fight ?
Witness-There vas no fight, and no dis
turbance except with one little fellow
who was rather dIsorderly and got Mr..
Peyton to put him out. There was no
disturbance on Friday night, but heard
that McClain and Collins had some
words In the kitchen. They had no hard
words while they were in my house to-
gether. Collins left the house about a
hear anything of the murder until next
morning, when ! was told it by Michael
Costello, my milkman. The only noise
1 heard was about three o'clock, when a
crowd of rowdies passed along the street
and some one raped at the door. ~.
Mrs. Keegan came in the store Satur.
day evening, 10 buy some liquor, but ]
threw the money back to her, and told
her to go home as she had too much to
say. - "
! never knew of any trouble between
McClain and Collins, and don't know
why they were not friendly.
In relation to the piece Of carpet spok,
en- of by Mrs. Leary, witness said It got
wet by her little girl spilling cup OF wa
ter upon it yesterday. She could give nc
definite reason why the carpet was taken
up at o'clock yesterday morning.
Witness further said she had known
McClaln about or 8 months, but that
he did not come to the saloon to see her,
and that he had no more privileges about
the place than any other man. She was
sure the quarrel between McClain and
Collins on Friday night was not over
her.
The Coroner asked Mrs. McCann what
made the carpet around the stove so wet,
this morning, when he went to the
house, but the witness fatty insisted that
the carpet was not wet.
| The carpet ian ordinary rag one) was
here spread out upon the floor aHd exam
ined by the jury. 1t was a single breadth,
damp, dirty, greasy and stained, and
emitted a most disgusting odpr.
Peter Quinn, sworu:-Testified that he
was not in Mrs. MGCanps last night he
said he brought Mr. Peyton up to the
hall is morning at the request Of his
lson; Peyton told witness that Jimmy
Haney had been fussing with Collins the
night before. Witness knew nothing oi
the murder.
Andrew Finn, sworn:-I wentin Mrs
McCann's house last night between hall
past six and seven o'clock stayed there
about two hours; saw Collins there, and
he was under the influence of liquor
there we're two ladies in tue saloon, but
/ don't know who they were; Mrs. Jen-
nings came in during the evening saw
McClain there, and he was drunk; did
not hear HIM say anything to Collins
McClain was too drunk to say anything
to anybody, but must say that Collins
was very insulting and abusive; l left
1.-THE house peaceably AID was not put out
| had no fight at all Mrs McCann told
me to go out and l went out. There was
a rumpns then in the back kitchen, bnl
lnotln the bar. McClain and Collins were
lin the kitchen, also colored woman
namrd Debby; I'm satisfied, however,
that McClain was too drunk to fight Col
lins; Mrs. McCann was in the kitchen,
but she came out again before l left. i
suppose Mrs. McCann asked me to 60
out because there was fuss in the kit
chen. | went out and afterwards went
back about IL o'clock and got glass OF
whiskey before l Went to bed. McClair
was then lying upon the lounge, very
drunk, but | don't know where Collins
was.
Witness testified at further length, but
his remarks were very contradictory, ane
he was evidently somewhat intoxicated
VIM. Peyton sworn:-I was inMrs. M G
Cams place last night between and II
O'clock, l saw no fighting or quarrsine
there except that woman named MIS-
Kcegan came in and was very disorderlJ
and was ordered out by Mrs. McCann
saw Patrick Collins there and he was
somewhat under the influence of liquor
| VIII, l lost saw him it WIS close on to II
O'Clock; L do not know McClain, but
saw man there who was SAID to be him
! | did not tell Peter Quinn that l saw {
tight at Mrs. McCann's, and l do moi
I
McCann ordered MIS- Keegan out OF thu
house she swept past the stove and up
set the dinner pot on the floor; there wa
cabbage, potatoes and greasy water IL
the pot, aod they wet and creased thu
.. carpet; this was about 10 o'clock; die
! not put Andy Finn out of the house
and Mrs. McCann did not ask me to
McClain did not appear to be very drunl
! and he and Collins were not quarrel
! some; Mr.. Finn and Collins had some
words IN the kitchen went between
them and kept them from fighting. Al
, near as could guess it was IL O'CLOCK
when l left the house; l went out witt
VIM. O'Donnel; Collins and McClair
were then in the bar-room; no one else
was there, and Mrs. M cCann was prepar
ing to close never knew of Collin rs and
McClain having any disturbance have
known Collins for fifteen years, and he
has always been peaceable and honest
man. Andy Finn was put out OF The
house by VIM. O'Donneil, for being dis
orderly. and there was no other dl ,tur-
bance while was there except that be.
tween Finn and O,Donnell After
! ! started home | heard a noise as though
fight was go ng on between two men
in front of tn house, but did not &c
back and do not know who were fight
ing.
Afterwards witness said that the par