Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-10-29
THAT ASSAULT.

Which Was Causelessly Made on Senator
Morrison-Trial of Kennedy-Unsuccess
full Attempt to Smirch the Senator-The
Offence Clearly Preventive Jurors Who
Could Not See 1t.
At $50 yesterday morning, the case OF
James Kennedy, charged with an assault upon
Hon. D. A. Morrison, state senator from Ohm
sted county, Tuesday last, the 25th, was called
in the municipal court. In response to the
call of the twelve jurors summoned only the
following five answered to their names: John
Doyle, G. W. Bishop, P. j. Bowlin, w. r.
Booth and W. L. Anderson. At first, counsel
for defendant Kennedy, G. M. Mccarthy, OBJ
jected to the trial proceeding until twelve jur-
ors had been obtained from the box, but upon
Directing to any postponement beyond the nee
essary time to fill up the number by taliSmen,
consented to have the case proceed before the
| five named who were then sworn. At the
time the jury room was crowded with specta-
| tors, among whom were many members of
| the legislature who naturally are greatly in
censed over the affair, and the regular gang
who are always in attendance when there is a
| woman in the case, on the qua viue for any
choice bit of scandal which may be developed.
| Seated behind the defendant Kennedy, was the
| woman in the case, his wife, dressed in plain
black.
Mr.. c. D. O'Brien appeared for the
prosecution, and after brifly address,
ing the jury explaining the nature
of the charge and what it was
expected to prove called Mr.. Morrison as the
first witness, who in brief testified that about
o'clock Tuesday morning, he left his hotel,
the International, for walk, going down
| to Third street and up Third to the Metropol-
itan, wheu he turned up Washington, to go
to Seventh street. Just after passing City
hall square where several streets crossed each
other-the names of which he was not famil-
lar with-he was accosted by woman, the one
present, with the INQUIRY if he was stopping
at the Merchants. He answered no. She
| then asked him if he was not the gentleman
who sent her note for a meeting.
He answered no and passed on,
| he thought in the direction
| of the Cathedral. Soon after
defendant came and asked what he was say
| ing to that woman, and Immediately struck
| him and knocked him down, hitting him two
or three times. He finally got loose, and ran
| away, almost Immediately encountering Rob-
ert c. Wiley, a member of the house from ST..
Paul, who learning what had occurred, ac-
companed him to drug store, where his in
juries were dressed.
| Mr.. Morrison was cross examined at some
length by Mr.. Mccarthy, but nothing was
elected breaking the effect of his direct evil
dence Finally MIR. Mccarthy asked Mr..
| Morrison if he had ever met the woman be-
| fore.
Mr.. O'Brien objected that the question was
| immaterial, and was only introduced for the
| purpose of Juggling in matter in no way con-
nected with the case, but which it was hoped
might in some way smirch the character OF
the prosecuting witness.
| Mr. Mccarthy denied this, and claimed he
had the right to show anterior occurrences
between the parties, and which led up to the
assault, if any was made, as justification OF
The act, and that he desired to show by the
question that Morrison and Mrs. Kennedy had
met before, and that the meeting that morn
| ing was of Morrison appointment.
| After more discussion the court sustained
the objection. The same point was raised
several times during the examination, with
| the same result.
| Mr.. Geo. Refs, deputy city treasurer, testi-
| fled that when going from his home to the
rity hall, at about o'clock Tuesday morning,
when near the intersection of Franklin and
| Seventh streets, he saw two men foundering
| in the mud, the maa on top being Kennedy,
and the other he recognized as Morrison.
| Saw Kennedy strik- Morrison several times
| Knew nothing of the origin of the trouble.
| Mr.. Edwin Walsh, axman in the city engin-
eer's Office, saw the affray from the corner OF
| Sixth and Washington streets, where he
ras nassed by the woman and Mr..
Morrison turning up Sixth street
| They were in conversation and appeared quite
sociable. Did not hear anything that was
said. Then noticed Kennedy coming up Sixth
| ,treet. Knew Mrs. Kennedy and thought
there might be trouble and so watched. Nor
rison left the woman and turned as if to go
down Seventh street, the woman remaining on
the sidewalk. Kennedy, who had been fol-
| lowing them went up to the man, and seemed
| to say something, when he struck Morrison.
| With this the prosecution rested.
THE DEFENSE.
| Mrs. Kennedy was then called for the de-
Tense, and was proceeding to tell, in answer to
the questions of counsel, what had
when another discussion ensued between
counsel as to the relevancy of the proposed
| testimony, Mr.. Mccarthy claiming that he
should be permitted to show that not only had
Morrison made insulting proposals to Kenne-
| dy's wife on the streets, but that he had writ
| ten her inviting meeting, and logged her
| footsteps when going from her work-nght
cook in Montgomery's restaurant-in the
| morning, while Mr.. O'Brien re-stated his po-
4
being tried and not scandal.
| The court rejected the testimony, when wit
| ness simply told of her meeting Morrison on
Washington street, saw her husband when
| fighting, but did not know what it was about
| To Mr.. O'Bren-She was not living with
her husband. They had been separated since
August.
| Kennedy himself was the next witness
After saying he was not personally acquainted
with Mr.. Morrison, he commenced: "He had
heard of him. A party came to me,' when
Mr.. O'Brien objected and another argument
ensued, involving the same points as above
during which Mr.. Mccarthy said he wanted
TO show that Kennedy had been told Mr.. Nor
rison had been writing his wife letter re-
questing an assignation, to which Mr.
O'Bren replied with good deal of asperity,
that no such letter had been written, and that
the whole story about it was fraud and lie
concocted for the occasion.
| TIE court decided in this case the evidence
! was relevant, and Kennedy continued: Heard
few days before the Tuesday morning re-
ferred to that my wife had received letter
for meeting, supposed to come from Mr..
| Morrison; watched her two mornings as she
went home from her work; Tuesday morning
followed her up Third street. At Robert street
man came out on Third and followed on be-
hind her. Tracked her to Fifth street; the
man Morrison following close behind, getti ng
up with her just after passing the city hall.
They turned out of Washington on Sixth
street Witness stepped into Rosencrans pop
factory, and, calling attention TO Morrison,