The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-14
THE WILTSEE HOMICIDE.

JOHN AND FRANK MKENNA INDICTED FOR MUIR
DER IN THE FIRST DEGREE--THE LATTER ON
TRIAL IN THE COURT OF GENERAL SESSIONS.
The court room of Part 2 of the Court Of General
Sessions was densely crowded yesterday in conse-
quence of the announcement the last court day
that the trial of Frank and John McKenna. indicted
for the homicide of William wtsee, would be posi-
lively proceeded with. The prisoners. though
brothers. arc unlike in looks and physique it is
possible for two strangers to be- John, the elder, is
corpulent and has fiery red hair and forid complex
ion. while Frank is sparely built and dark hued.
They seated beside Mr.. William f. Howe,
their counsel, with whom they and their
father were in constant consultation. Mrs.
wltsee the mother Of the dead boy. dressed in deep
mourning seated in the enclosure next the
clerks DESK emotional listener to the proceedings.
The indictment is for deliberate murder in the first
degree. Mr.. Howe exacted a separate trial for the
accused. and District Attorney Daniel G. Rollins
coriingly selected Frank the prisoner whom he
should first call to trial. Much time spent in
selecting the jury, number of the panel had
conscientious scrupcs against punishment by hang
ing where the evidence justified the rendition OF
verdict OF murder in the first degree good laugh
occurred when of the jurors being questioned
to where he resided, stated that he lived in
Brooklyn.
do you belong to DIR. Talmaees Church there?'
quer.ed Mr.. Howe.
II do answered the juror.
very well" replied Mr.. Howe; "then ell excuse
you." Qtoars OF laughtcr.)
Cured to disturb the stereotyped monotony OF
ing "twelve men good and true" after which the
usual oath was administered
Assistant District Attorney Rollins then delivered
his opening address to the jury calling their atte-
ton to the facts, which he said he intended 10 prove
in the and which, he claimed, would justify him
in asking verdict against the prisoner ut the bar He
said William Wiltsee, twentyone years OF age, was
shot by the prisoner, Frank McKenna, in u fracas
n ~ buf
there a feud between the Mckennas and tue
Wiltsees. which resulted in the unnely death OF de-
ceased.
THE TESTIMONY
The first witness called was Hugh Kerns. who testi-
fled that he lived at No. 1l6 Mulberry street, in this
city, He aid-I know the prisoner; saw him on
September II last; saw deceased and the prisoner
together; l was looking ont of my window ut ten
o'clock that night Frank McKenna, the prisoner,
in his shirt sleeves he then standing at his door
and some shovel man against him l saw Me-
Konna knocked down; did not hear what was said
two blows struck and then there great
crowd; think Wltsee struck first; about ten min
utes aiterward heard pistol shot, saw the prison
er's brother John come out OF hts store and minge
with the crowd the prisoner in the wrangle got over
with deceased far the opposite side the
Isaw prisoner go into his store after the shot was
fired.
Grace whitton testified live at No. 12s Mulberry
street, remember the shooting of Wiltsce; it was
opposite Mckenna's store; heard u noise in the
street, opened my window and looked out; there
was a crowd in the street, saw John Mckenna; he
was coming from Ills store and went toward the
crowd; he had something in his hand--either knife
or pistol; i heard the shot ten minutes after.
Officer Thomas Gray. osthe Fourteenth precinct.
testified between hafpast ten and eleven heard
pistol shot; ran to McKennas store, and opposite
l found deceased lying on the ground near the
gutter; then went to McKennas store and arrested
Frank McKenna tho sergeant asked deceased who
shot him he said John McKenna, so they discharged
the prisoner and held his brother John; the de-
ceased had pistol shot wound in his temple and q
stab wound IN his thigh; found Frank McKenna
behind his bar; said. How did this come abouty
and Frank said. ''They have tackled me again John
followed his brother Frank to the station house. and
was there detained instead OF the prisoner now on
trial.
Cross-examined by Mr.. Howe-At the station house
the deceased said it was John Mckenna who shot him
and not Frank McKenna; the former locked up
in the Tombs on that statement for week.
"'rhen you believed deccaseds story that it was
John and not Frank
II did not believe anything about it; Frank Nc
Kenna denied having shot the deceased"
The Court at this point adjourned until eleven
O'Clock to-day.