Sacramento daily record-union., 1888-09-05
AAorBEe SENSATION.
1t is Believed a Man Was Murdered and
Cremated.

an incendialy FIRE. Officer Frazee immedi-
aiely went to work upon the case, and soon
aseertained 10 his entire satisfaction that It
was not only an incendiary fire but
that the barn had been burned in order TO
cover up a cold blooded and cruel murder.
From a very small clue he soon worked up
a case that upon the face of it shows that
man had been murdered ali on account of
q glass OF beer; that be had been carried 10
g barn and then cremated in order to cover
up the crime.
Monday officer Frazee went out and ex-
amined the ruins of the barn, and as he
expected, found the charred remains of
what, he thinks, was human being. He
also found some humen teeth, and hair,
the cases of a watch, buckles and buttons
such as are used on mems clothing, and
melted gold and silver coin. This con-
frmed his worst suspicious. The Coroner
was notified and took charge of the re-
mai Q while the detective began 20 secure
witnesses to corroborate his belief in
murder and subsequent arson TO cover up
the crime.
Last evening Deputy Coroner Clark sum-
moned a jury and proceeded 10 inquire
into the cause of the death of the man
whose bones were taken from the ashes of
the burned building.
Dr. Gardner was placed upon the stand
and testified that he believed the remains
we're those of human being.
Mrs. Spillman, the owner of the barn,
testified TO the fact that q man who went
by the name of Sho:ty, was in her saloon.
He was drinking some and seemed to have
plenty of money. While he was there, two
young men, Thomas and John Henry Ker
win, drove up in q buggy. Tom got out and
said, Hello, Shorty" and the two had
glass of beer together. Alter Tom had
drank his beer he started to go in his
buggy, when Shorty" called him back TO
have another drink. They got into quar-
rel over who should pay for If, when Tom
knocked Shorty" down and kicked and
stamped him while on the floor. Shorty"
was afterWard picked up by the Kerwin
boys and a man by the name of Fisher and
taken into the back room, when il was
ascertained he was seriously injured He
was taken by the same parties out to the
barn. She heard Tom say even then that
he would fix him."
Another witness was VIM. NJ. Morrison
Jr., man who lately came from Oregon
with lot OF stock, and was driving ia his
bug, y along the Y-street levee, looking for
pasturage in the suburbs, and stopped at
Mrs. Spillman's saloon. He saw the entire
difficulty, and coTroboTstes Mrs. Spillman's
testimony. He says that Shorty first
asked Tom Kerwin to come in and take a
drink. They drank together, seemed to be
social and friendly, and apparently old &C.
uuaintances. After Tom drank he started
for the buggy, when Shorty" called him
back to get another drink. After they
drank Shorty" said: This is q Ken
lucky treat, and you must put up for your
own drink" This incensed Kerwin,
and he knocked Shorty down.
When "Shorty" got up Kerwin
hurled him against an ice-box with
tremendous force almost breaking
Shorty" in two, and he fell, his head
striking heavily on the floor. Kerwin then
jumped upon him and stamped him with
heavy boots. Shorty" lay like one dead,
and Kerwins brother and man by the
name OF Pete Fisher carried him in the
back room and washed the blood off him.
While they were in the back room Tom re-
marked that if be got q chance he would
total stranger, did not interfere. He
says he is sure that Shorty" received
fatal Injuries. After moment Fisher and
Kerwin carried Shorty out to the barn.
Witness saw him gasping and is confident
that he died before they reached the barn.
He stood at window and watched them
carry the dying man or dead man into the
barn. he then got into his buggy to drive
off. After he got a short distance away
he saw Tom Kerwin and Fisher running
from The barn to the buggy, and moment
later the barn was in flames.
The Kerwin boys were on the stand.
John Henry said his brother slapped
Shorty, but Tom came out hluntly and
said, Il knocked him down." These
statements verified those of Mrs. Spillman
Mr in
lar, but in some important points they
contrGdicted each other.
Peter Fisher said he helped Kerwin take
Shorty to the barn. Although badly pun
ished, Shorty walked between them.
They laid him down and made him rs
comfortable as possible on The straw.
Shorty asked for a drink OF water. He
went and got a cup of water for bin.
Shorty raised up and took drink and then
set the cup of water down beside him.
That is all he knew about it.
They all denied having run from the
barn Just before the flames broke out. They
we're c Lied in and Morrison pointed out
Tom Kerwin and Peter Fisher as the two
men he saw running from the barn
At half-past II this morning the Jury re-
turned a verdict of assault 10 commit muir
der against Tom Kerwin. The jury had
one doubling member or the verdict would
have been more direct. Some doubt as to
the legal certainty of the human identity
of the bones and that they were those of
Shorty" remained in the minds of the
jury, but eleven were morally convinced
that they were the bones Of Shorty" and
that he came TO his death by either the
beating or the fIe, or by conjunction of the
two Nevertheless the jury found that the
bones were those of Shorty true name
n
aged about 30 or 81 years. The name of
shorty will be learned to-day from a
friend now absent from the city.
The names Of the jurors We're: a. Mar
mon, Z. j. Waldren, John Brown, ThOs.
Kirkpatrick, G. d. Wingate. Jacob Helm
miller, M. Graf, W. Shuster, Robert Chew,
Edward Cormiek, +. II. Champion, j. S.
George.
On the rendition of the verdict Deputy
Coroner Clark issued his warrant for Tom
Kerwin, and officer Frazee took the young
man into custody, while special officer
May, by direction OF City Attorney Church,
took Fisher into custody for detention for
further examination and as a witness.
Tom, during the long time the Coroner's
Jury was out sat in the Coroner's business
Office with his head bowed and evidently
very i'll at ease. When arrested and started
toward the prison he wept freely. 0cca-
sionally his elder brother would come in
while he sat in the Office and tell him
to rouse up. The brother was much less
discomposed, and appeared rather an
noyed than interested vitality in the mat
ter. To reporter he declared his inno-
cence of any relation to the case, and that
neither he nor his brother had done any
wrong.
During the inquest City Attorney Church
and Deputy District Attorney Jay T. Brown
were in attendance and counseled with the
Coroner and officer Frazee. Chief of Police
Lee was present short time also.
At the prison at o'clock this morning,
Tom Kerwin stated to RECORD UNION re-
porter that when the fire in the barn broke
out he was at Mike Italians, Twenty
second and S streets. He denied that he
was in the barn at all, or helped carry
Shorty into il. he admitted that he
had kicked Shorty and had struck him
in the face He SAID Shorty" did not
walk to the barn alone but was assisted by
Fisher and Henry Kerwip, one on either
side Tom said he would be 20 years OF
age on the 10Th inst He admitted that be
had known "Shorty for some time, but
added that he did not know his true name.
He knew 'Shorty when he worked at
Coyle's place, on the lower Stockton road.
He thought Shorty was Dane.
el, fol afra hico oat sNa