The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1886-12-04


facing him the blow the left side was inflicted,
which staggered Curran, and then Burke Joined in,
What a place and what ascene for premedtated
murder-theTe in light as bright as day and be,
giant in size and strength, who was armed-and
they sought him tndrlned to murder him.
EVIDENCE FOR DEFENSE.
Patrick Mehan, carpenter, was the first
witness for defense. He testified that when
Burke, Kennedy and Curran were in front of
Langes saloon Curran drew a pistol and
backed Kennedy into the street. Kennedy
said-''John, what the HI is the matter
with you'll Are you crazy?" Curran re-
piled: mo, YOU ---! I'll show
you. Come down back of the tank house,
you ----, and I'll fix the pair of you'll
In the Y Curran struck Burke with his left,
bringing him to his knees. He then turned on
Kennedy. The latter lodged the blow, raised
and clinched with Curran, and both went
down.toward Burke. When the first blow was
struck Snyder creeped under the coal hoppers
and called for police. Witness then left be-
cause he didn't want to be in the row.
In reply to question from Mr.. Heuisler
the witness said that on the night of the hon.
icide he had heard Curran say in front of
Pat Kennedy saloon: Kennedy and Burke,
night is over" The witness said that after
hearing this he began to look for Kennedy
and Burke to warn them, and while trying to
find them came upon the crowd at Lange's
place.
Michael Hagerty, a foreman of stevedores,
testified that he had been living on Locust
Point about twelve years. He was called to
contradict Michael Divers relative to a con-
versation between the two. He testified that
in the latter part of October he met Divers,
who asked him what he thought of Kennedy
| and RurEa's aasa rapGad fhat II xvoc
very serious, and would go hard with the
prisoners" Divers said he was certain Burke
and Kennedy had no intention of killing Cur
ran. Divers had also told him that he had
been forced to make his statement by Cur
rams friends and his own friends to keep
from duplicating himself Witness also tes-
tilted to hearing Curran make threats against
the accused.
On CROSSE examination Haggerty admitted
being arrested for stealing a boat and for
burglaries in Queen Anne's and Kent coun-
ties; that he was sent to the penitentiary and
was pardoned by Gov. Bowie after three years,
since which he had lived an upright life; told
who he worked for and how his employers
trusted him with money, &c. He said he
wanted to get his picture from the rogue's
gallery, but Curran was not man enough to
get it-he wanted to hold that against him.
Witness wanted the picture because it had
been there long enough, and that he was now
an honest and upright man.
| Michael Noon keeps saloon on Nicholson
street. He testified that one night while look
ing out his back window he heard Curran say
to a companion whom he did not recognize
''What do you think of those d-n snoozers
for judges? But they'll never serve, as I'll
send them home on cooling board" The
witness told Burke of the threats, and Burke
said he had heard similar threats before. On
the night of the homicide Kennedy and Burke
and Divers were in his saloon. They looked
as if they had been drinking. On the same
night Divers came back between II and u,
and appeared to be drunk. The witness, when
questioned, said that Hagerty's reputation for
honesty was good, and that he would believe
him on his OATH
TUESDAY.
The first witness called was Thomas Nc
Intyre, who testified that Michael Divers
reputation for truth is bad. Witness would
not believe him on oath. The reputation of
Michael Haggerty for veracity and honesty is
good.
DR.. John S. Matthias testified to meeting
Michael Divers on the steps of the court house
just after LANCE had testified. Divers asked
what had been said, for he was afraid that
Lange might implicate him.
Otto B. Heintz, druggist, on Nicholson
street, contradicted Officer Dull's testimony
as to who entered his store first, Curran or
Burke and Kennedy. Heintz said that the
prisoners came first and Curran afterward.
Francis D. S. Benzinger, justice of the
peace, testified that he had served pro tenn. at
the Southern police station.
A legal battle here occurred as to the testi-
mony intended to be introduced, and Mr..
Heuisler claimed that certain witnesses had
perjured themselves, that their evidence was
concocted for the purpose of conyicting the
accused, and he said that the States Attorney
might have to issue warrants for the arrest of
officer Dull, Adam Lange and Hughey Nc
Call for perjury. The testimony to come was
to contradict these men an others, and to
prove that they had sworn falsely.
Witness then identified warrants issued by
him on July It'll for the prisoners and George
Kennedy for fighting and disturbing the pence,
on the information of Officer Dull.
Police Justice Warfeld exhibited his
docket and read entries as to filming the pris-
oners and George Kennedy for the disturbance
of July It'll, and said there were no entries
against either of the kennedys or Burke from
that time until October 10th
Chas. f. Norris, clerk at the Southern sta
ton, produced his record book, which bore
nothing to show that Burke or either of the
Kennedys were arrested for the disturbance
of August 18th at Lange's saloon, as sworn
to by Officer Dull, Adam LANCE and others,
Adam LANCE was called by the defense to
produce the diary in which he swore he made
an entry of the disturbance at his place on
August 18th. Witness did so, and read from
his diary as follows: August l2-John Burke,
James Kennedy and George Kennedy rushed
into my house and assaulted John Curran.
/ had them arrested by Officer Dull and they
were fined four dollars and seventy cents"
Hughey Noon, Richard Knox and Patrick
Kennedy all testified that Divers reputation
for truth was bad and that HaggertY's was
good. Patrick Kennedy also stated that on
the night of the homicide Curran left his
witness saloon some time after the prisoners
left, saying he was going with vengeance.
On July "a Curran threatened Burke and
Kennedy at witness saloon, saying he would
"6x' them soon.
Julia Mcclure testified that she heard Cur
ran say, as she was going home one night
'Burke and Kennedy will never be judges of
election they will be penned up or on their
cooling boards before that time. l am wait
ing for them now. One or two from this,n
putting his hand on his pocket, twill do it."
Michael Mcclure, Timothy Mclaughlin, |
Mrs. Michael Kennedy, Mrs. Wright Bryan
truth and honesty of Michael Haggerty, and
several said they would not believe Mike
Divers on oath.
John Knox testified to going to Lange's
July after the row claimed on that date by
the defense, and then to Heintz store, where,
when Curran, Burke and Kennedy had been
driven out of the store by policeman Dull, he |
heard Curran say, ''Now rll fight any -
of you" Officer Dull, witness said, prevented |
fight.
Adam Wright, who lives next to the drug
store, saw Burke and Kennedy go in first, and
when he saw Curran come up he closed his
door, as he thought there would be trouble.
Jesse Della, laborer, corroborated Patrick |
Meehans account of the ARRAY preliminary
to the killing, differing only in one or two de.
tails. On the way to the tank house he heard
Curran say, "This thing must be settled to-
night; they must settle me, or L II settle them"
He saw Burke and Kennedy and Cu-ran pull |
ing and hauling; saw Snyder come from be-
meath the coal hoppers; heard Snyder call Tor
the police; heard pistol fired, and then left |
without seeing the killing. The witness was
severely cross examined, but his main evil
dence was not affected.
WEDNESDAY.
Whom tho mail arrival nm Wednesday |