The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1886-11-27

! fleeing great credit on the sheriff. They re-
/ commend few improvements. One hundred
and thirty-six witnesses were examined by
them.
TRIAL OF BURKE AND KENNEDY.
! The trial of John Burke, Jr., and James
Kennedy, of Baltimore, for the murder of
John j. Curran, fire marshal of the Baltimore
and Ohio Railroad Company, at Locust Point,
Baltimore, on the night of October Ii, began
here on Tuesday in the Carroll County Circuit
/ Court. As is well remembered, Curran was
I killed during difficulty about politics, and
I it was found that his skull had been fractured
/ by blows given with a car coupling link ana
n coupling pin The case was removed here
/ bv request of the prisoners counsel, from the
| Criminal Court of Baltimore city, because. by
| reason of improper efforts to prejudice the
public against Them, they feared they could
/ not get an impartia! trial. The accused and
! Curran were once personal friends and all
Democrats. They separated on local matters
and their differences ended in the killing of
Currap, as above stated.
! States Attorney Henning, of Carroll, and
States Attorney Charles G. Kerr and Assist
ant Edgar H. Cans, appeared for the State.
Messrs. Joseph 5. Heusler and Frederick
Cook, of Baltimore, and |. i. Pearson, Esq,
of Westminster, appeared for the defense.
The selection of a jury was the first and an
important matter. The regular panel num-
bered twenty-five, but five of whom were ac
cepted. George T. Ward and John New
conner were opposed to capital punishment,
and were disqualified. Chas. W. Bowersox,
the third man called, was accepted by both
sides and was the first one to enter the jury
box. VIM. X. Leppo, the next called, was
also accepted by both sides, and was the
Z HoH
was disqualified: George c. Harlnan, Lewis
O. Nevis and Dayid Rinehart were in
tnru challenged by defense; John Arthur was
disaualifed; John Reindoliar and John c.
Shipley were each challenged by defense
Thomas l.. Worthington was accepted, max
the third Juror; Chas. G.. Miller was also ac-
cepted: Franklin A. Eckenrode and Robert
V. Gorsuch were both challenged by defense:
Josiah Crowl had formed an opinion as to
the guilt or innocence of the accused, and
therefore disqualified LoHis A. hoontz and
Isaac Green, Jr., were in turn challenged by
defense, and Robt. I. Ward was disqualified;
BENJAMIN Poole, Perry G. Wilt and Isaac I.
Green, were challenged by defense: Henry
NJ. Norris was disqualified, DIR. Jas. p. Sum
mers was accepted, and Archibald Graham
was disqualified. This exhausted the regular
panel. and eighty names were drawn from the
remainder ofthe 200 put in the box for the reg
ular drawing in October. Court adj ourned
until Wednesday morning.
The sheriff and five deputies were sent out
to summon the talesmen, and were riding
most of the night, as those drawn were scat
tered in every part of the county. When
court opened Wednesday morning about fifty
of the eighty answered to their names, and
more came in later.
The Jury was completed from the first
LIT H..
George D. Fouke were challenged by the
State; William j. Mitten, George L. Mering,
Lewis H.. Wooden, George Lease, Elisha
0gg, Noah Schaefler, Thomas A. Barnes,
= y s.siss 6 Sssansl. kDaler leEemiah
Bale, Jacob H. Christ, George P. Buckley
Jesse F. Malehorn, Jacob W. Boring, VIM
A. Roop, William A. Cunningham, Emanuel
Shaeffer, John Smith, Abraham Stoner
Jonathan p Webb and Richard ii. Mitchell
were disqualified either for having formed an
opinion or for having conscientious scruples
on the subject of capital punishment. DR.
Samuel l.. Moores, was excused because hi
was physician in full practice, with severa
patients quite i'll; and William n. Sellman
Wm H. Starr and Lawrence Zepp, because
physically unable to stand protraeted jury
service Jacob Wink, Lewis Redding, Lev
J. Motter, David J. Lester, Solomon Myers
Robert S. Frizell and Joshua s. Brothers
were accepted. The following were chal-
lenged by the defense-Charles Y. Upton
George H. Birnie, David H. Lester, Joseph
Bollinger, Isaac Ridiuger, Louis L. Shriver
Jonas S. Harner, John Z. Masonheimer
Valentine Hartman and Amos E5augh
In questioning jurors to ascertain theil
competency, the defence inquired of one i
he had read John X. Governs published
manifesto. which was calculated to engende
~, al IL,
was asked if he was employed on the Balti
more and Ohio railroad. The theory of the
defense is, that the killing was not murder
and will endeavor to show that the Baltimore
& Ohio Railroad Company are much interest
ed in the prosecution of the accused.
The jury as selected are-Chas G. Miller
foreman; Charles w. Bowersox, VIM. X
Leppo, Thomas L. Worthington, Dir. Jane!
p Summers, Jacob Wink, Louis Redd;Sg
Levi j. Motter, David j. Lester, Solomon
Myers, Robert S. Frizell, Joshua S. Brothers
all of whom are farmers except Wink, who i.
an undertaken, and Summers, practcing
physician.
Mr, Cans made the opening statement fo
the State He TRACED the details of the kill
ing of Curran and told the jury to view tn,
evidence impartially. He related how he ex
: peeted to prove that the accused had followed
their victim from place to place and how II
the end they attacked and killed him. HI
claimed it as a wiifnl, deliberate murder
with malice aforethought as indicted.
The defense reserved their statement, auC
+ the testimony was begun.
Augustus Bouldin testified to the accurac,
of the plat of the scene of the murder, which
was made to facilitate the taking of evidence
and to aid the jury in understanding the case
DR., S. Y. Hoopman, post-mortem surgeon
A.
Curran's wounds declaring them fatal, anG
exhibited parts of the skull. On GROSS exam,
ination he said he had exhibited the pieces to
parties at the hotel. The State objected ana
the defence said the evidence was for the
purpose of discrediting the witness and tc
show his animus.
George Snyder, an employe Of the Balti-
more & Ohio railroad, who worked under
curran, and was a witness to the killing, said
that when he and John Greacen went to
Adam Lange's saloon on the night of the
homicide, Burke, Kennedy and Curran were
quarrelling. The accused wanted to Jump
Curran, and Curran drew a revolver and
pointing it at his assailants said he would
shoot either if they attacked him. The men
were all close together. Kennedy said SOUR
ran you are coward. Cnrran replied he
was not, and handing his pistol to Lange, said
he would fight one at time, and invited
them to go down back Of the tanli-house.
Snyder and Greacen tried to persuade Cur
ran not to fight, but he said: They have
been following me long enough; they have got
to whip me or I'll whip them. y All three
started abreast, Curran in the middle, and
when near the electric light Burke hit Cur.
ran in the face with his fist. Curran turned
to see who hit him, and Kennedy hit him on
the back of the head three times with a
coupling, knocking him forward first, then on
his knees and then down on his face, when
Burke picked up coupling pin and dealt
Curran several blows as he lay on the ground.
After finishing Curran Burke said NOW let's
go for Snyder Witness saw Burke coming
toward him with the coupling pin, and ran.
Snyder was cross-examined at length, and
as to the killing nothing particularly different
from direct testimony was elected, except as
to the position of the men, but the defense
drew from the witness that he and several
others were taken to the fifth story of the
Baltimore & Ohio building in Baltimore to
Attorney Cross room, where they told what
they knew of the killing, which was taken
down in writing. Mr.. Cross is an attorney
| of the B. & O.