St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-11-25
GATHERED In SALTWATER.
One OF the Kerr Cases Decided in De-
fendant,s Favor.
P1aintiff's Attorney Again Returns to
the Murder Theory.

In the case of Sarah e. Kerr against the
Accident Insurance Company Of North Amer
lea the jury was charged briefly by Judge
Crosby yesterday morning on the opening Of
court, the charge being in the main the giving
| of rule of the supreme court of the United
| States as to what shall be Considered insanity
Or an irresistible impulse under certain con-
| ditions. The jury retired at 9:2S o'clock, and
| at Sis o'clock in the evening was called into
court, when the foreman stated that. Though
| an agreement had not been reached, there
was little doubt that with further or more
| explicit Instructions as to enc point of law
! involved a unanimous and quick conclusion
would follow. The dividing question seemed
! to be as to whether, in the present case. an
irresistible impulse on the part of Kerr
| to kill himself would be proof OF bis insanity.
Thereupen the court again read that portion
| oil bis charge bearing GA the question and the
| jury again retired, returning in very few
| minutes with a verdict for defendant. The
! plaintiff, Mrs. Kerr, appeared considerably
! affected by the result as did her lady COM
| paHions, who sat at her side. Fayette Marsh
| at once teek an exception on the ground that
| in re-charging the jury only part Of the
| original charge had been repeated, and that
| that part had been given in such manner as
! to lead to a misuadersr anding of the situa-
| ton and the law on the part OF the jury. The
| case will be carried to the supreme court on
! that point and on others, to which exceptions
| were noted.
The public interest excited by the Kerr
suits slackeaed per, eptihly Tuesday morhina
| when Mr. Marsh abandoned the theory, ap.
| parentIy, that Kerr was murdered at the in
| StigatiOn of Matt Clark, and adopted the de-
| PENDANTS theory OF suicide, though maintain
ing that the suicide vas an accident brought
| about by Kerr's physical, and consequent
| mental, disease, producing insanity. Yes
| terday morning, however, the opening of
the case OF Mrs. Kerr against the Knights
| Templar and Masous Indemnity company
| served to give some promise of further SEN
sationaI features. The plaintiffs attorney,
| MIR. Marsh, now in turn abandon ed the sui
| eide and insanity pleas and returned
| in somewhat different course from that first
| entered upon in the previous trial to tho
| theory of murder at the hands of Detective
kehoe. He introduced but three witnesses,
| himself, j. N. Searles and Police Officer Shift
| ington, of the Canadian service attem pting
| to prove nothing save Kerrs death. With
| these and few dispositions heretofore read and
| reported, the prosecution rested. From soon
] after the opening of the afternoon session of
court until nearly o'clock, the Chicago de-
| tective, kehoe, WAS on the stand, and it was
| during very long-drawn-out cross-examina-
| ton by Mr.. Marsh that the latter's change in
in his manner OF attacking the defense be-
| came plainly apparent. Kehoe detailed
| over and over the circumstances of
| his pursuit Of Kerr, the shadowing
| process, the final meeting and the events at
| tending the tragedy. Though from some
| reason or other the witness seemed occasion
| ally confused and i'll at eaie, his examination
| did not result IN anything tending to create
| a sensation among the spectators. After
| keIoe, Placide st. Pierre, who was brake
| man on the train on which Kerr was killed,
| testified through an Interpreter to the
| events on the train at the particular time ia
| question. He saw Kerr pass by him across
the car platform into the second-class car
| and close the door behind him. but witness
did not notice kehOe, as the latter was then
| unknown to him. Directly after Kerr disap-
peared the witness heard two reports, an in
terval of two and a half seconds, as witness
indicated by clapping his hands. eaps.
ing between the two shots. When witness
entered the car Kerr was lying in the passage
way dead, and three or four persons were
standing over the body. Witness did not
hear Keho say anything in particular about
the tragedy. Following st. Pierre, Officers
Walsh and Stutfington were sworn. hut
nothing save repetition of former testimony
was elected. Court then adjourned until
O'Clock tomorrow morning.
Of the five cases Involving $24 ,000) pend
ing between Mrs. Kerr and the various in
surance companies, but one more outside
the one now on trial, will be tried, it Is
thought, in this court, that against the Min
nesota Mutual Benefit association Mr.
Marsh yesterday dismissed the suit against
the Travellers company and filed q petition
asking that the suit against the Hartford COM
pany be transferred to the United States
circuit court.
PERTINENT POINTS.
Thanksgiving will be observed publicly in
a measure to-day. The county offices will all
be closed, and the postoffice will be open only
from IL to l O'Clock. At the state prison the
convicts will be given not only turkey din
ner, but also the freedom OF the cell-room
corridors, with symposium of general talk,
song and tot acco thrown in, work in the
shops being suspended. AT the Rink and
Music hall balls will be given by the fire de-
partmeut boys and the M8nerchor respect
lively. The Gun club will also have shoot
ing match.
horse dealer, who has been in the city
for few days, was the cause of some excite
ment yesterday through his dropping sud-
denly to the floor, as though in fit at the
"Old Fort POI South Main street. He was
partially restored and was taken in the patrol
wagon to his hotel, the Keystone. He was
not suffering from the effects of drinking, his
attack being charged by the physician to
heart disease.
During the small hours of yesterday morn
ing Krueger's saloon. 221 South Main street,
was burglarously entered through a rear
window, from which a pane of glass had been
removed for the purpose. The thief looted
the till and secured sos in paper and silver
currency.
Crepean, South Main street, has prepared
for to-day and evening typical Thanksgiv-
ing feast called the Partition of Turkey
with etceteras all around the side. Only 20
cents per plate.
Frank Smith was brought into the district
court yesterday on a bench warrant to
answer to an indictment found Nov. L. 1884,
charging him with torg Try. He pleaded not
guilty aud was released on his own recOg-
niZance.
Lewis Grant and wife, the former some
years ago resident of saltwater, arrived yes
terday from their home at Duroin, OAK, for
visit at the home of Charles Taft and other
friends,
Charles Donnelly, sent up for two years
from Hennepin county for larceny, was
buried yesterday from the state prison. where
he died of scrofula.
Of the three children seized with diphtheria
in the Bandelow family, 719 South Third
yesterday.
Clerk of the Court Bennett dimes to-day at
Minneapolis with his sister, Mrs. L. B. Dare,
West Fifteenth street.
The opera house will not be again opened
until Dec IL, when the Rag Baby will be
presented
LACONICS BY LIGHTNING.
photographic Chronicles of Interest.
ing News Events Received by Teles
graph Lust Night.
The French have withdrawn their opposi-
ton to the demand of the Chinese that the
Peytang cathedral be built on another site
than the one originally chosen.