St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-10-23
ST. PAUL NEWS.
THE PORTER TRIAL.
The Prosecution Produces all Its Wit
nesses but One.
The Chances Good that the Evidence viii
he Finished To-Day.


brother, Daniel Neary, on Jackson street,
late in the afternoon of Tuesday. April 1, of
the present year. The defendant had been
in the saloon the greater part OF the alter
noon, got into quarrel over losing watch
at a game of pool on a bet with young Fran
els Neary, who was attending the bar, had
become angry with James Neary, and in
shooting at the latter sent the
bullet into the side of John, who
was passing through the saloon
on his way TO the street after supper in the
home of his parents who resided in the upper
part of the building, said victim dying from
his wounds the following Sabbath.
Lloyd Porter is a spare man of medium
statute with black hair and eyes, and has the
peculiar bearing of freight train brakeman.
He is from twenty-five to thirty years of age
and manifests no particular uneasiness be-
fore the court, frequently ranging his eyes
over the crowded room, and very intently
listening to the testimony and watching the
witnesses on the stand.
County Attorney Egan opened the prose-
cution for the state with a clear description
of the premises, the facts preceding and at
the shooting, and pronounced the same de
liberate malicious, cold blooded murder in
the first degree, and concluded by reading
s9le indictment charging the prisoner with
wrongfully and with malice aforethought
shooting and killing John Thomas Neary.
Franklin Ncary was called after all the
witnesses, with the consent OF both counsel,
had been excluded from the room, and said
he was seventeen years OF age, lived with bis
father and mother and three brothers at 3lS
Jackson street; saw prisoner for first time at
l:3O Oh the afternoon in question, with one
'.Dutchy," at the saloon bar which be tended
during the day time, at which they drank
beer; had no conversation with him at that
time and prisoner and panion went out
in a few minutes; at 3 30 p. m, 10th re-
turned and had two drinks of beer and
wanted to play game of pool with witness;
the proposition made by Porter was that the
)ne who was beaten at the game should give
the other his watch. Ncary beat in the
game, when Porter threatened to smash
everything in the house, and afterwards
pulled out revolver and threatened to
shoot his brother, when two bystanders
seized the weapon and gave Porters watch
back TO him, which he Porter had given him
after leaving the game. He was not in the
saloon al the time of the shooting; saw his
OlOllCI JUN dL ppCI1 puL Oiu uOG SEE ulul
alive again.
Cross Examined The saloon was as
large as the court room, but somewhat mar
rover, with bar twenty feet long to right
side OF front door, and two pool tables in
about the center of the room; had never
seen revolver behind the bar; the saloon
was owned by Dan Neary, who held the IL
cense AID was absent at the time in Colorado;
stairs led from the back end IF the saloon
up stairs to the family rooms; when he saw
prisoner first time at 2 80 p. m, heard him
say he came from Chicago; talked
with Dutchy at that time but not with pris-
ouer; they drank twice and went out in
about fifteen minutes. At 5 80 p. IN Porter.
''Dutchy," JOHNNY Stewart was in saloon
and others who were strangers TO him; he
Tas behind bar and Porter and "Dutchy''
after talking TO each other a spell called for
die dice box, had drinks after throwing, but
he could not tell who paid for them. Then
Porter wanted ''Dutchy" to play pool for the
drinks, he refusing because he said he did
not know how; prisoner then asked witness
% play the game lasting five minutes; wit
ness won the ''cast" out of dice box but
made no count; then Porter said TO witness,
''if you beat me this game | will give YOU nv
watch, and if l beat you | viii take yours;''
hey had seen each others watches as they
1ad them out, Porter's being an open faced
silver watch. Porter only got one shot which
was easy and failed, and witness won
the game being an expert; Porter then
handed over his watch and witness set up
the beer at his own expense; brother jim
came in the back door just as the watch was
given up; Porter laid his own watch on the
bar, but refused to take witness watch, who
had laid it down for him, but passed it along
h..h ar. .b.,, ID
talking with ''Datchy," and when he
said he would ''break things" in distinct
voice, jim took it up and walked up to Por-
ter aud asked him, whats that YOU are 20
ing to doP' when Porter pulled revolver
and said 'Pll kill you, you son OF a D.
\ stranger took the revolver away from Por-
ter and took him out of the saloon. The
stranger then came in and asked for the
watch to give Porter, and witness gave it up.
and the stranger went out with it, Gave
Porter's watch up because he didn't want
any trouble, and never saw
the watch after that; his own watch he
got OF Geo. Pope in an even trade. 1t was
worth SIS, but since the murder had been
stolen from him.
lu reply to question of the state he said
he gave Porter's watch to the fellow who took
the revolver from Porter when be asked for
49, ~ kfie4As- w vas AilNAlu VI Allt Itlltf :.
The "ni,ndn WAS dressed like brakeman.
John Stewart said he boarded with the
Neary family nj the time; was not at work
that afternoon and was in and out of the sa-
loon ami saw Porter, ''Dutchy'' and Neary
there. lie was present at the game of pool
Ut 0:3O and saw ut its conclusion Porter take
his watch from his pocket and Law it on The
bar, saying ''he didn't think it was fair"
Frank said to Portel, ''you agreed to swan
watches. "Dutchy'' then said to Porter.
You are d--n fool to give UP
your watch" aud then Por-
ter wanted it back, SAYING 'thev
could not buil1czc MIN and he would smash
the place. Witness then certified To Jim's
coming npon the scene and ASKING Porter
what he said ne would do and to the reply of
the latter that he would shoot him, - when
Jim ran out the back door. to Porter's being
hustled ont 10y "Dutchyn and a stranger and
10 Franks giving The watch to the latter
when TIC dcmauded to give it back to Porter.
Cr0sS-Did not testify at coroner's in
quest; went into saloon three times that
afternoon tGe second time heard '.DutchN -
SAY taey hau come from Chicago and been
up to Minneapolis; Frank claimed 10 have
won the poo game, tut he saw Porter shnot
IN the game as maay IS five times and lake
lis own balls from the pockets: The game
lasted 10 u 10 minutes; saw Porter piva
krSn6 the watch and put up dri aks Afterwards:
Porter said rs he laid the watch on the
lar there's Tue III watch and you can
have 1t; Frank did not Law Port = watch ON
toe bar, bat put It in his vest. Dutchv
.nen ciied Porter a d--n foo, Tor giving the
watch up, when Frank said be agreed to nlsy
ltat Way To which assertion Porter asseuts,!.
Porter then demanding the watca. Frank
took II from vest pocket and gave il 20 him