Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-11-20
NOVEMBER COURT.

The Court OF oyer and Terminer-
An Evening Session Held I'm order
TO Expedite the Courts Business
The Ketener Case.
Upon court reconvsning at 3 O'Clock yea
terdsy afternoon week Levi c. Bird, R.q 4,
commenced the oross-examination Of tue
witness Samuel Pasterson, but no i'm
portsnt testimony was elicited by the
examination.
William Caldwell, oolored, testified TO
being in Kettner's saloon whsn Holman
and Patterson came In; while there he
heard no disturbance.
James Little, stone mason on the B,
d p. railroad, who has been In jail ever
since the killing because Of his inability
to give bail, was next called. While on
the stand he pronounced his imprison-
ment base outrage. he sad on the
evening Of the killing he and o'Brien
went to the saloon and with Kettner had
several drinks. About O'Clock PAtter-
son aud Holman came In. 0'Brien Dor.
rowed money from the witness and
bought drinks for the crowd. The
witness himself treated and Ksttner
did also Patterson and Kettner began
disputing pretty loudly about something
He saw no blows struck nor attempt to
strike any. He heard 0'Brien say to
Patterson, "sam, y, u're going too far
While he was pacing up and down, and
was at the upper end OF the bar, he
heard pistol shot. Holman rushed out
In STOPPING position aud Patterson
stopped down behind the bar; Eettner
then fred over Patterson head Pstter-
son ran ont. He was thinking Of running
out when o'Brien fell, striking him. He
looked to see how badly the deceased
was injured and found blood issuing trota
his nostrils Ksttner came over to the
victim and seemed to be very much OK.
cited and the purport Of his remarks
seemed to he that he was surprised to
find 0'Brien shot. He thinks he said
"My God, that man is dead" Kettner
went outside and had n conversation
with man who told him to see an officer
aud explain the shooting. Ksttner
looked up the saloon and went to vii
mington and he did not see again until
he saw him In the municipal court. The
witness came to town and got an officer
and they went back TO where the body
WAS other officers reached the scene
before they did.
DR. Howard ogle testified he found
small punoturfd wound In the left cheek,
and probed II and found 1t extended to
the base OF the brain.
AT 4.40 the state closed, when Mr..
Bird opened the defense by biei
address to the jury. He said he would
show that Patterson and Holman did get
their full change, but they were mad
because they lost 1t, and that they either
intended to make Kettner pay some
money or they would rob his place. On
this ground the counsel asked for nothing
short Of an absolute aoquittsl.
Walter Parr, boy living In Silver
brook, was sworn and teeti6ed that on
TIE night Of the shooting he went to the
saloon for beer for his family; when he
entered be ,sw Holman behind the bar
and he, Holman, said, "Will he set II
up" Patterson was standing in front OF
the bar holding beer glass aud saying,
"G-d d--n you / will burst this glass
over your head " Ksttner said to Holman
"Ned, you amt got no business back
here While he was there Patterson
struck at Kettner when he left the bar
room. Ho man was standing at the end
Of the bar; witness went directly home,
square and q quarter away, after he got
the beer; went cut in the yard AZ there
heard the pistol shots, about five or
elk minutes after he lett the Ralooi.
Florence Hickey, girl about Ia yesrs
OF age, testified that Holman aud PAttar-
son were at hsr house on the day OF this
crime and they had been drinking
MIR. Bird, DID you hear them say
anything about Ksttusr."
Question objected to by Mr.. Gray and
objection sustained by tn, olurt.
Court then took recess for one hour
and a half.
At the night session Samuel .Stilmap,
who keeps q shoe store next door to
Kitther's saloon, was put upon the stapd
by the defenss. He heard loud talking
aud ours pa in the saloon on the night Of
the shooting. Arthur Williams, colored,
testified that he was In the saloon IN tho
afternoon when the dispute arose over
the o. bill and that the rigAt change was
given.
Edward Morris said Patterson and
Holmsn came to the Front aud Union
street stables Ia the afternoon, and they
wers very drunk.
Sergeant Hatton said that when he
visited the saloo1 after the crime he saw
evidences nj fighting there. Several re
spectacle Germans testified to the goof
standing OF the prisoner, after which thu
defense closed.
Dsputy.Attorney General Coope
opened for the prosecution in Bhor
argument a. the close Of which cour
adjourned until 10 O'Clock Thursds!
morning.