Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1884-11-13
KEPNER s TRIAL.
ALL THE EvIDEsCE VOW IN
NIGHT oRiSAlON-MR. COOPER
OPENS THE ARQU0 LENT.

OPENS THE AR0UnENT.
Court resum ed proceedings as three
O'Clock Wedu esday afternoon, and i'm.
med lately after, Samuel Patterson, who
had just finished his direct Testimony
whom the reoess was taken at one
O'Clock, was re called and cross.
examined by Mr.. Bird at great length, ,
but from the witness own adm ission,
he was 20 drunk the night the shootini I
took place that he had NO rccollection
of many thipgs that Mr.. Bird Wa
anxious TO prove.
William Colwell, coiorsd, Wa sworn
and testified that he residss in Christi.
ana Hundred, and WAS in the saloon
when the shooting took place; he saw
Patterson and Hsllman whom they
cAme In; the witness was standing
talking 70 Kepner when they came 10
and called for drinks. which were
given them BY Kepper, Previous To
their coming, Kepner had been tsllins
him about two msn who had bcen
thinks tLa. when they came in, Kepner
said here comes one of them now.
The witness tock drink with Pastsr.
SOD and Hallman, and believed all in
the room had two or three drinks with
them. He went out before the fght
commenced, and did not ace any Of IL
did not know O'Brien, although be had
seen him when he left the saloon he
went home and was there before nine
o'clock.
On Cross examination by Mr.. Bird hs
said that he lefs the saloon between
Ieight o'clock ard half past, and thai
Kepner and Patterson wore talking To-
gether when he went out, but he did
not know what they were talking
about both Patterson and HallmAu
| were under the influence Of liquor when
they came In the saloon.
| James Little wAs sworn, and stated
that on the evening Of the 25th O
June, about half past eight o'clock, ht
and O'Brien went 10 Kepner's saloon
where they bad several drinks; nnt
Kepner drank with them shortly afteI
William Colwell, the colored man
came In, and about nine O'Clock Patter
son and Hallmsn came In. After tina
O'Brien loaned the witness half I
dollar to treat the crowd
In q little tins Patterson came TO hin
and requested the loan OF some money
and Hallman told the v itness lot to le
him have IL. They all had severa
drinks q, and Kspuer treated the same o.
the est The witness left the room
for few minutes and: when he returned
Patterson and Kepner were arguinl
about something, hut he did not see an!
blows struck; be started to pace up ant
down the room. ard heard HaliInaI
tell Patterson 10 look out, and he drop
ped In front Of the bar, when the wit
ness heard what he believes WAS
lpist d shot, and as he turned his heat
he saw Kepner shoot again over Patter
sons head.
Hallman ran out after telling Pat
terson TO look out, and after the secont
shot was fred Patterson also ran out
and the witness WAS thinking nbou
going too, when O'Brien, who was be
hind him fell against him, and thel
to the floor the witness stopped dow
70 see how badly O'Brien Was injured
and M he turned him over saw bloo'
all over his face, but could not se
where the wound was.
O'Brien did not speak, and Kepne
came over to where he was lying an,
seemed greatly excited, but on Accoun
of his speaking English 70 imperfectl
the witness did not know what he said
kepner then went outside the door
and tho witness followed him, an
heard man tell him something abou
seeing an officer and giving himself up
Kepner fastened the place sn'
went away, and the witness went II
search Of An officer.
He found one at the hall and return
ed with him; other officers were alread
4 there, and would not let the witnes
in. He did not nee O'Brien's body again
(This witness was a stranger In thi
lofty, when the shooting took plscs
having been In this country about l
months. He worked on the railroad .
a stone mason with O'Brien, and a. b
was unable TO furnish bail for his ar
pearance as q witness in this case, Wa
ever since. When he Was on the vii
ness stand he complained very mnc
about having been sent TO jail, an,
that he thought 1t great hardship.)
(Judge Whitley asked him how mucl
he made n day when he was at work
and he replied three dollars, and that
be was not paid more than . dollar
day for the time he has been In Jail, /
would bs great loss to him. Judg
Whiteley was in favor of allowing hin
mileage for each day he had been Il
Jail, but without definitely settling tn
matter, the examination Of witnesse
Was continued }
i Andrew Peterson testified that he
o police officer, and having heard of tn
shooting welt to the saloon ; the doc
was locked, but the witness locke,
through the window and saw maj
Lying on his back on the floor. ii
knocked at the door, and as no on
answered he went next door, and afte
obtaining the key went In the saloon
the man was still alive, and as he ap
peared to be choking the witness turne'
him over, when q quantity of blood RAJ
from his mouth. He lived until twent,
six minutes after 10 o clock, after whicl
the witness helped to tako the body +
the morgue. When he saw Little. b
told officer White to take him to tn
hall, to secure him as a witness, AM
afterwards met DIR. o. sle coming to tn
saloon, and told him the man was dead
DIR. Howard Ogle was sworn, and
testified that he was called upon on tn
night of the 18th of last june to see
man who had been shot In saiool
near Silver brook, but before he rench e
the place WAS met by officer Peterso n
who told him the man WAS dead. d
then returned, and upon learning after
wards that the body was At the morgue
went there and found small punctul
! ed wound, evidently made with pisto
ball, on the left cheek under the eye
He inserted probe six inches, an
found that the ball had penetrated tn
brain, and was convinced that 1t wa
the cause Of the mans death.
Charles Zerby testified to the circum
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