The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-27
Opening Statement for the Defense, IndI
eating "A Purpose to Prove that the
Killing Was Justifiable.
An Illinois Liveryman Kills Himself
Because of Business Reverses,
The Accused in the Bond Case Developing
New Line of Defense - Notes
and Gleanings.
INDIANA
Close of the Prosecution in the Kennedy
Case-The Line of Defense

Case-The Line of Defense.
| Special to the indianapolis Journal
| SHELBYv1LLE, Dec. 26.-The State rested its
case in the Kennedy McCorkle murder trial
at five minutes before o'clock this after
noon. Several witnesses were examined be-
fore that time. Squire Bishop, who held
the inquest at the time was called and pro-
duced the bullet which was extracted from
the body Of McCorkle The court ordered
it turned over to Prosecutor Staff, but re-
fused to permit the jury to inspect it or al
low it to go in evidence
Mr.. Love charged A. Wray with fraud and
trickery, an unworthy practice, in asking the
coroner to deliver over the bullet
the effect it might have
Dr. S. A. Kennedy DR.. McFadden, Cyren-
ius Bishop A. J. Gorgas Jacob Deprez S L.
Major, Fred. Hurst James O'Connor and
John Burk, all gave in evidence for the State,
but nothing new was developed.
Hon, James B. McFadden made the open-
ing statement for the defense, in clear and
forcible manner. A great crowd had assem-
bled to hear this opening statement. y
to learn the line of defense proposet II
nedy's counsel. Mr. McFadden stated
defense expected to prove the followi
of facts q b
In the year 1880, Edward KenneN
learning the carpenter trade with Mr. roles
and on the day of the shooting was engaged
in working on a new house for Edgar Ten
ant, some three miles from town; that the
defendant, in company with other parties
left there and arrived in town about 20 clock
of the afternoon of the shooting; that young
Kennedy was, between 8 and o'clock,
standing on Hardebeck' corner, talking to
Archie Monfort when some one called him.
stating that Gilbert Kennedy was engaged in
fight in the saloon. Kennedy said II will
go in and take him out and try and get him
home" Entering the room, the fight was
found to be going on in the rear of the
saloon. Howard Lee grabbed him and held
him until McCorkle came up and took hold
of him. He would not let him go to his
brother but struck him and ierkesI him
by the collar out of the saloon and
across Harrison to Broadway street
Kennedy appealed to Mr.. McCorkle to let
him go home. The street was a mass of
angry and excited people. Some yelled
Take him! Kill him Kill the ---n
and other epthets intended to incite mob
to acts of violence. McCorkle dragged Ken
nedy down Broadway street, the mob press
ing onto him yelling Take him Kill
himn' etc. The mob numbered from 800 to
500 persons At the instant McCorkle let
him go the air was filled with bricks, stones
and clubs, and the mob was yelling
"Kill him!" and at the in
slant defendant fired McCorkle held
a pistol in his hand few feet from defend
ant also that at the time defendant fired he
was in great fear of bodily harm; that the
mob pressed round him in the form of a
horseshoe and in order to save his life he
fired; that before defendant fired he began
crying and implored the mob to go back and
let him go home, but they pressed on him;
that Just before he fired Howard Lee yelled
out, Kill him!" Take him" and a rock
was thrown at defendant which he escaped
by dodging his head downward; that after
the shooting the defendant walked away ana
subsequently returned and surrendered him
self to the sheriff.
THE TESTIMONY,