The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-05-26
John Kavanaugh and Patrick
Heeney on TRAIL
Bernard Heeney and Boss to be Tried
Separately
Examination of Witnesses for the
Prosecution!
Some New Evidence Elected!

to clash where joint trial was aad. He
argued for a separate trial and reminded
the court of the rights OF criminal to
have counsel.
States Attorney Parmenter contested
the motion for a continuance claiming that
the court was not bound to grant q con-
tinuance, as the counsel for Ross, Mr..
Foster, had had ample time to get other
counsel: also as there would be some
difficulty of getting jury if continu-
ance was granted.
J. NJ. Beardsley. Esq, followed in the
same side and cited points against grant
ing a continuance. IF Mr.. Ross was
needing counsel, ample time had elapsed
for him to get good counsel in place of
Mr., Foster. But he had made no effort
10 get other counsel aud for this reason, if
no other, he did not think the court ought
to grant the motion OF COUNSEL FOR de-
| Tense.
Judge Pleasants 10 ruling on the mo,
ton, alluded to getting jury and said he
must commend the counsel on both sides
for the good faith exhibited 10 selecting
the jury. He did not think the counsel
for either side were TO blame for the delay
in getting jury The case had been so
fully published in all the papers, that it
WAS difficult for reading ueu not to have
formed oplniops. lie felt disposed to
thank the counsel on both sides for the
desire expressed by their action in for
garding the trial. He did not feel dis
posed to spare expense or trouble 10
case Of this kind 1t WAS one of those
| cases that could not we'll be avoided and
must be born in good spirit, in accordance
with the legal rights of ali parties con
cerned. 10 tho matter oi Ross he thought
good cause was shown for continuance
and the court felt disposed to grant the
motion. La the case OF Patrick
Heeney, the court did not think
good cause was shown and he
would override the motion. Mr. French
entered az exception TO the ruling. Ross
was then conducted to jail By Deputy
Miller, and tie trial of L. Heeney and
Kavanaugh ordered TO proceed.
The court then ordered the jury brought
into court and J. T. Keuworthy, Esq.
openad the case for the people, Mr.. Ken
worthy entered into resume of the facts
in the case regarding Officer Roseufeld''
death, the manner of finding the body,tht
condition Of the body when found, givint
a detailed account Of The wounds, etc., bu
did rot outline what the state expected tt
prove. Mr.. Kenworthy then referred Il
the change 10 the aspect of the case since
the jury were sworn, and growing elo
quent, he urged conviction if the ey..
dence warranted, and such punishment q
the crime merits. lie then read the indict
ment and closed his speech.
P. O'Mara asked for privilege of max
9 ing a statement OF the case after the cas-
. is closed. The statement OF Mr. Ken
worthy was, be said, the most unusual h
I had ever heard in a capital case. Th
state had not outlined their case, thu
leaving the defense in the dark entirely
1t was customary Tor the people to Civ
the jury an outline of what it was expect
= ed to prove, but Mr.. Kenworthy had care
p fully abstained from giving the slightes
clue to the case for the people.
G Mr.. Kenworthy objected to the reques
of counsel for the defense, giving as
reason that undue advantage might b
? given the defense if the statement wa
/ deferred until the case closed, because
gave chance for two statements.
The court ruled that as the state ha
really not stated it's case, at least had nc
E outlined what was expected to be proven
q the defense was entitled to the same priy
iege, and granted the request of MI
o. Mara for permission to make a state
ment after the case closed.
r The trial then proceeded, and the vii
D nesses for the prosecution were called, 8
! in number, of which IL answered to thei
D names and were sworn.
t Mr.. Cannon asked for and obtained
separation of Witnesses, excepting tn
sheriff and his officers, medical expert
! and the coroner's jury.
DR.. G. G. Carter was the first .witnes
, for the prosecution. and testified substan
- | toll ho al hn -
Jury. He was not cross-cxamined by tn
defense. The court then adjourned to
o'clock this afternoon.
AFTERNOON.
The court room was crowded, aud eyer
standing room was hard to obtain. Th
first witness for the people was Mr.
Goettsche.
OTTo GoETTsCHE-Sworn:- Reside il
Rock Island, am saloon keeper; do bus
mess on the corner 7th avenue and l2tt
streets. was doing business there OF
the evening of March llth last. | hav,
seen the defendants; | saw them In my
house; they were in company with a mar
named Bernard Heeney, on the evening
that Rosen6eld was killed. Iremembel
the incident of Mr.. Rosenfelds death
The first ! heard of it was the next morn
ing, probably about o'clock. I don't re
member exactly what time it was wher
they were in my saloon first. Believe il
was between 10 and II o'clock; three mer
came in; they were Bernard Heeney
Kavanaugh and one other. They came
for beer, and got some and also go
some whiskey. They got a half keg o.
beer. After that they came back, between
II and II clock. Heeney asked for beer