Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1884-11-13

msn anu fottereOn, ana whom he went
IN the saloon, he saw Hallmsn behind
tho bar, and heard him ask Kepner to
set them up. Patterson was In front
OF the bar and the witness heard him
say TO Kepner, "G-d d-n you, IN
burst this glass over you head"
Heard kepner tell Hallman that he
shortly Afterwards saw Patterson strike
1t Kspner twice once he had Q beeP
glass In his hand. An soon % the wit
ness got his beer he went home in Eve
or six minutes after he left the saloon
he beard three pistol shots, but did not
70 back. ~
On cross s-exAminAtiOn by Mr.. Gray
he said that be was fourteen years Of
age, and had been sent for The beer by
his father ; be also described how the
parties wero standing v hen he went in
the room. but did not vary from his
direct testimony.
Florence Hickey Was sworn, and
testified that she lives with her iather
at Silverbrook, and that Patterson Ia
her brother. in.law.
Mr. Bird attempted to show by this
y itness that the day of the shooting
Patterson and Hallman had made
th rests against the prisoner. and TO
con radict certain things they had stated
while on the witness stand. Mr.. Gray
objected, ,snd On argument ensued, " hen
the Court decided that the testimony
could not be admitted.
Tho examination Of the wiiness wss
cou .ipued, ana she said that Hallmsn
and Patterson were at her fathers house
the day OF the shooting, and that both
had been drinking.
Thu Nosuvt AZ q npc1nck took -.a<..
| until 7.3O o'clock In the evening.
THE EVENING SESSION.
Court re-convened at 7.30 O'Clock OH
Wednesday evening, and the examina.
tion of the witnesses for the defense In
the Kepner case was proceeded with
Samuel 6tillman testified that last
June he resided at Silverbrook, next
door TO KepneI's saloon he remember
cd the night of the shooting he was
In his own house all the evening he
heard loud talk and cursing IN the
saloon that night, and heard one Of the
could hear kepner's voice clearly, and
he seemed to be trying to quiet chem
down and make peace he heard two
shots fired, and upon looking at the
clock saw that It was half past nine, but
just previous to the shooting he saw .
white man and colored man come out
together +; the first named returned, but
tho colored man went away.
Arthur Williams, ,coloreJ, was sworn,
and testified that he was 1T Kepner's
saloon both morning and afternoon OF
the day OF the shooting when he went
there Ia the morning about $50 O'Clock,
the place was locked up about o..
clock Kepner came back with the
brewery man, and after tho beer was
put In the cellar, Kepner treated.
About 10 O'Clock Hallman and Pat
ters0n came In the saloon, and the first
named treated /: he gave Kepnsr two
dollar hill, and the witness saw Kepner
Igiv e him dollar bill. and some small
change, but did not know how much.
He heard Patterson ask him to get the
dollar bill changed and loan him part
lofit, which he refused to do, As he said
he wanted TO give 1t to his old woman
i The men then went out, but returned
afterwards and told Kepner that he
change they had some words about 1t,
and Kepner Insisted that he had given
the right change both men got mad
and while they were wrangling six
other men came In, making ten altoge-
ther in the room, and Hallman ordered
beers for all OF then After they had
drank Hallmap said, "now you only
lowe me fifty cents" Kepner then gave
HAllman = quarter Of dollar and they
shook hands, and said It was all right.
Hallman and Patterson then went out,
and the witness went homo and did moi
see any more of them. They remained
In the saloon until 3 O'Clock In the
afternoon.
Il Edward Morris testified that he 1.
!, EN- mployed at the Front and Union
streets stables /; Hallman and Patterson
were at tho stable either the day of tn
shooting or the day after they ha
liquor with them and drank out OF q
beer glass, which they left in the
stable both the men we're intoxicated
Sergeant Hatton testified to hearing tae
shots Of the pistol, and meeting officers
Peterson and White, who told him q
man was shot at Silverbrook. He went
to Front and Madison and telephone el
for q doctor, and then went ~ PAlmer's
and returned with him to get the body.
When he entered the saloon he saw the
body of man lying ON the floor, in a
/ pool of blood there was every evidence
that there had been fipht there was
broken glass OF the floor, and Derby
hat with the crown mashed In. Tht
witness knows Hallman and Patterson
they both have had bad regulations
and from what he himself knows OF
their character, and what he has heard
from others he would not believe them
under oath.
John w. Lynch Testified that he has
\ lived for the past two years near Pat.
terson and Hallman, and that they
have very bad repu utstions. He would
not believe Hallman under oath, bui
he had better opinion of Patterson.
Il Andrew Patterson testified that when
he wentto the saloon that night he found
hat, which he recognized AZ belongin
to Samuel Peterson the hat was badl y
torn and battered.
;, Joseph Stoeckls testified that the
night of the shooting. Kepner came to
b is house to give himse Ii up, md made
no attempt to conceal himself or elude
the officers. The witness b IL known
him for three years and he has always
horne good character.
John Fehrenbacb, Theodore Bscker
and Cody Anfnger, testified that they
had known kepner for q long time
and that he had always borne m ex'
oellent character for peace and quiet
ness.
Max Schmidt and Joseph Ssoeckle
testified that they had examined the
saloon the day after the shooting, and
failed to find any bullet holes in the
floor, but that they found one in the
front door and one In the back door,
the course of each being downward.
Mr.. Bird stated that he had no more
, witnesses, and would rest his case, and
, At Q O'Clock Deputy Attorney General
Cooper commenced his argument to the
ljury for the State.
Mr. Cooper carefully reviewed and