Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-03-22
zee MoYNIHAN MYsTRRY.

Yesterday morning. before Judge Henry,
the examination of james Taylor and John
Mehanny for the murder of Michael Moyni-
han was resumed.
R. H. Babbitt, Deputy Sheriff in 1869,
testified that Lucey gave him Ia warrant,
signed by Judge FoOte, for the arrest of Tay-
lor, Brown and Mccormick on charge of
assault and battery. He could not find the
men in this city, and he went to San Fran
cisco, and stayed week in searching for
them. He said the object was to get the men
into Court and have the matter investigated.
Michael Tansy, who resided next door to
Kenny & Lucey's saloon in 1869, testified that
ne was one of the party who were playing
cards in the saloon on the nj. ht of the row.
His testimony was confederation of the evil
dence given by others on the day before.
Mrs Rod6y McGrath was the next wit
ness, hut she was O very unwilling one, and
but little was learned from her. She washed
linen buster, which had some blood on it,
for Brown, about the time of the alleged
murder.
Roddy McGrath, another one of the card
party at Kenny & Lucey's saloor, was sworn,
and cerroborated the testimony OF Others who
DdI previously tCSS4hOAs
Tim Sweeney testified that he was coming
up l. street number of years ago, and heard
some one on the opposite side Of the street
say, "Fcr God's sake, don't kill me-" He
was not positive, but Re thought it was about
the time Moynihan disappeared. He had
told John Herman about the occurrence, and
later in the day Herman was put on the
stand and corroborated thst portion of Sween-
eY's testimony.
Officer Carroll testified TO having bsen
working on the case recently, but knew moth
ing personally Of the crime. He cOrroborated
Chief Karcher in regard TO the conversation
of defendant, Taylor, when he called ct
Ksrcher's oftice.
John II. Coffey testified: Know defend.
ants; was living on L street, between
Fourth and Fifth streets, in june, 1869
was ia Kennys bar-room when the row &C.
Cured thsts Saturday night; when the men
came cut they went up the east side Of Fourth
street; thought there would be trouble, so
| followed saw some one struck and knocked
into the street near the conner of Fourth and
K {; the night was bright moonlight Mullins
and Donobue came away, but the others re-
manned awhile, but soon they came down to
Kenny & Lucey's store; Taylor had blood
on his shirt, and Browns coat was bloody,
and torn at the collar saw the trio together
several times that day, always together; saw
the three go across the levee the next day
ard stay there talking over half an hour
saw Taylor, Brown and Mccormick on
Sunday go into a house in the alley
later saw them opposite Kenney's saloo
told Lucey what l saw; did not see who
struck, and do not know who was Knocked
into the street the men did not come back
to KeDney's for three-quarters of an hour
after 1 saw the affair in the street; the men
1,r H.
when Kelly, Mccormick and Taylor left On
the steamer; Lueey babe them good-by had
no conversation With them did not go to the
place that night where I saw man knocked
off of the sidewalk Mullins did not return
60 the saloon was entirely sober; Tom
Gilmer was with me, but he il dead saw
Lucey with the men every day until they
left he promised to have them arrested /;
told Lucey in Kenney's presence, but the lat
ter said nothing. The witness was cross
examined to a considerable length, but was
not shaken in his testimony.
The letters of administration on Moyni-
hans estate, which had been issued to a. FL.
Loughborough, were submitted as evidence
of the death of Moynihsn.
Defendant Mehanny then took the stand.
and made plain, straightforward statement,
in which he denied all knowledge of the sf-
fair. There was nothing new in his testi-
mcny. At its conclusion his counsel made a
motion TO discharge him on TIE ground that
thsre was not particle Of evidence TO impli
cate him in the alleged murder. The de-
PENDANT Mehanny was then honorably dis
charged by the Court.
Grove L. johnson then made motion TO
discharge defendant Taylor. During the
argument Of this motion tbs Court adjourned
until this morning.
1t has been learned that the body of an IN
known mar, on which Coroner Counts held
an inquest on August T. 1869, and which wss
supposed to have been that Of the missing
Moynihan. was the remains Ct some one else,
for at the inquest it was in evidence that this
body when found was yet warm, while Moy-
nihan had been missing over six weeks.
About five years ago a man, while digging in
the rear of lot on l. street, between Fourth
and Fifth, came across body which, st the
tine, was supposed to be the remains of one
O'NeilI, who had been missing for five or six
years. An investigation developed that it
was not that Of O'Neill, and without notify.
ing the Coroner it was covered up. This cir.
cumstance was learned but day or two ago,
and yesterday Coroner Clark, Barney Demo
hue and officer Carroll were searching fo7
this body. It is now the theory OF the prose-
cution that this is the body of Moynihan,
and that it was buried in the loose sand be-
fore the men returned to the saloon that
night. The examination will be resumed
this morning.
Cram OPENING of snr;no and snpnnav