Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-05
THE SENATOR MORRISON ASSAULT.

| Kennedy Has His Second Trial-The Jury
Find Him Guilty and He is Fined $1OO-
Stay of Proceedings.
The trial of James Kennedy for assaulting
| Senator Morrison, was resumed at o'clock
yesterday morning, the first work being to OBJ
tain three more jurors, nine having been Sc
cured Thursday afternoon.
| The first of the new panel called was G. W.
Thomas, who had neither read or talked of
the case, and he was accepted. H. Sahlgaard
was called, but claimed exemption on the
ground he was an official of foreign gov
eminent, but the claim was denied by the
court, and an exception was entered. He was
then challenged for general bias, for which
he was excused. s. 81. Watson was challenged
| for bias, which was acknowledged and the
challenge admitted. l.. GOodkind was chal-
lenged for general disqualification, but the
challenge was denied and exception entered,
| and challenge made of bias and admitted.
This exhausted the panel and new venire of
ten names ordered, and recess taken until 2
o'clock p. m.
AFTERNOON.
When the court convened in the afternoon
the first juror called under the new panel was
D. Kennedy, who passed the ordeal as to pre-
judice, ETC., of the prosecution, and was
| sworn as juror. Josiah Fairchild and T. j.
| Garland were next called in the order named
and both excused on account of prejudice.
The next of the panel was VIM. Lindeke, of
| the firm of Lindeke, Warner & Schumacher,
who was accepted by the triers and sworn,
| the defendant entering peremptory protest
| This completed the jury OF twelve, as follows:
Marly A
Manship, H. K. Taylor, R. o. Sweeney, c. J.
Mcnamara, c. c. Berg, W. R. Noble, C. W.
| Thomas, D. Kennedy. W. Lndeke.
Judge Burr then excused the balance of the
venire, whereupOn Mr.. O'Brien briefly stated
| to the jury the nature of the case to be tried.
The prosecution then called Hon. D. A.
Morrison. the senator from Olmsted, the pros
ecuting witness, who repeated his testimony
given in the previous trial as already reported,
| upon which the prosecution rested.
The defense called as it's first witness Mr..
Kennedy, the alleged assailant, who went on
| to repeat his story of the reception of letter
for an assignation with his wife, to which the
prosecution objected
The court held that the objection was we'll
taken. Mr.. Kennedy proceeded with his testi-
mony, which was substantially the same as
on the former trial, except that he swore he
had asked the prosecuting witness If he was
Senator Morrison before he struck him On
cross-eXamination he was a good deal con-
fused by beng asked if he had not stated on
the previous trial that he did not know the
identity of the man he assaulted, and finally
conceded that he did not know him, but
thought he had been trying to force his attn
tions on his wife. In reply to the question
whether he had not been living apart
from his wife, witness said: 81 don't
know as that's any of your business" he
afterwards said that they had not been living
together since last August.
Mrs. Kennedy was next called and testified
that the complaining witness accosted her on
the street. The counsel for the defense tried
to get in the conversation that took place.
The prosecution objected and the objection
was sustained. Witness was asked if she had
received letter from Senator Morrison. OBJ
jected to and objection sustained.
Mr.. MacCarthy said he wanted to make up
case of justification by showing that the
woman had received an insul ing proposal.
Mr.. O'Bren said he did not propose to jeop-
ardize anv mans reputation by any such testl-
mony. The counsel made an accusation by
implication that he did not dare to make
openly. The court ruled the evidence out.
Patrick O'Brien was called and repeated his
evidence given at the former trail, that Ken
nedy had struck Senator Morrison twice,
knocking him down, and afterwards kicking
him in the face.
Ned RozenkranZ repeated his testimony.
F. B. Nudig was called, bnt as he had not
been witness of the ARRAY his testimony was
unimportant. Here the defense rested
Senator Morrison was recalled by the prose-
cution. Quite squabble ensued bet cen the
counsel as to the admissability of testimony
as to the conversation that took place be-
tween him and Mrs. Kennedy. The evidence
was ruled out.
During the examination Mr.. MacCarthy
accused the prosecution of getting Ike Reeve
drunk to prevent him from testifying. Reeve
O'Brien, but was too drunk to be placed on
the stand. Officer Hanft was sworn to prove
that Reeve had been sober at noon.
R. G. Wiley was called and repeated his for
mer testimony.
Mr. MacCarthy then addressed the jury. He
said the defendant had been forced into the
position he now occupies by unfortunate cir
| cumstances. He then proceeded to speak of
the new jury law, but was called to order
several times by Mr.. O'Brien as not speaking
of the case in hand. Mr.. MacCarthy
to b0'N dsabuse their minds ~" Of
all prejudice. He declared that the jury law
had been passed expressly to convict the de-
PENDANT. 1t had been passed to whitewash
the complainant. 1t was a pernicious law
and should be rebuked. He then proceeded
| to review the case in much the same manner
as at the last time.
Mr.. O'Brien summed up briefly. He re-
ferred to the methods of the opposing coun-
sci in terms of severe reprobation.
Judge Burr then instructed the jury, and
| that all they had to do was to find whether
or not an assault had been committed.
The jury retired at 4:43 At 4:52 the jury
returned into court and after being polled re-
turned verdict of guilty, whereupon the
court imposed fine of 800 upon the de-
PENDANT.
and asked for stay of proceedings for twenty
days, which was granted.
THE CnHRTS