Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-09-14
LOCAL INTELLLGEEGg.
NOT GUILTY.

OF Assault with Intent to Murder.
On account of several other cases that
had to be tried in the Police Court yester-
day morning, the one of the People VS..
Thomas Kerwin was set for 1:30 o'clock in
the afternoon.
The first witness placed upon the stand
was Deputy Coroner George Clark. He
testified TO having known the Kerwins and
also to having made an examination of the
premises the morning after the fire. He
produced to the Court the articles that were
found, including two tin cups, a bucket and
some material which were said to be the
ashes of burned bones. They were offered
in evidence by the prosecution.
Mrs. w. E. Splllner, the owner of the
premises on which the fire occurred, was
the next witness. She testified to the
effect that the Kerwin boys, Tom and
John, came to her saloon in a buggy be-
tween the hours of and o'clock Sunday
evening, September I'd. Tom called for a
couple of glasses of beer, and then seeing
Shorty" inside asked that individual to
drink. They all drank, then Shorty"
prOffered 10 treat. Three more glasses of
beer were drawn. When they had finished
Shorty" said: This is q Kentucky treat
and esch one pays for himself" Tom
Kerwin considered himself insulted by
this remark and struck Shorty" blow
which knocked him down behind the bar.
He then picked him up and threw
him against the ice-chest, his head striking
the edge of it. Tom Kerwin then kicked
him with his foot. The injured man was
then taken into the kitchen, where Mr..
Spillner and John Kerwin washed his face,
which was covered with blood, flowing
from wound on 'Shorty's" lip. Tom
Kerwin told witness she had better lock
the door, as he would go in and fix
Shorty" if she didn't.
Peter Fisher, the next witness, testified
TO his having been in the yard at the time
of the quarrel, and saw nothing of it. He
was called into the house afterward to help
take shorty 10 the barn. They did so
and he (Fisher) returned and brought the
injured man a cup Of water, which he
drank. He then went froEa the barn, and
upon returning 2 few minutes later, heard
the cracking of flames. He rushed to the
door of the barn 10 look after Shorty
but that individual was nowhere to be
seen, the place where he had been laid be-
ing deserted. He told several persons that
it was all right, the man was not in the
barn. Upon cross-examination, the wit
ness stated that Shorty" might have gone
out through back door of the barn and
not have been seen.
Thomas Kerwin, the defendant, then testi-
fed, nearly reviewing the testimony oil
Mrs. Spillner, although Tom claimed that
he only slapped shorty and did not
kick him while be was on the floor.
John Kerwin's testimony was 70 the
effect that he had seen the quarrel and
helped escort Shorty" to the barn.
Shorty" walked right along to the barn.
They old not drag him, as one eyewitness
claimed.
Mr.. W. E. Spillner's testimony was
about the same as the rest of the witnesses.
He claims though that shorty did not
walk to the barn, but was dragged all of
the say, and was apparently half dead.
He did not know where the KerTin boys
went after that.
Officer Frazes said he went to the fire
and tried to find Shorty" Whose name
he now knew to be VIM. Hansen), but his
search was fruitless. He examined the barn
after the fire and found bullion and ashes
which appeared to be those of bone. He
also found what he thought to be several
small clumps of hair, and all these things
aroused his suspicious that the man
Shorty " was burned.
James C0yle, a farmer on the Lower
Stockton road, testified that Shorty,
whose right name was William Hansen,
worked for him on his thrasher but left on
Iue 1Oin Oh j uly ldSl.
Mrs. De Longe, who lives at the Three
mile House on the Freeport road, said that
she saw Shorty" on Sunday morning be-
fore the fire, and that he told her he was
going to town to buy some undercloihing
That was the last she saw of him.
James WEIGH, q farmer on the Freeport
road, who lives just below Willow Slough
testified that William Hansen came to bis
place Monday evening, and applied for
something to eat and lodging. He was ac-
commodated, and on the following morn
ing Tuesday he departed. Hansen was
pretty badly bruised about the face, one eye
being nesTly closed, and his lower lip was
very much swollen.
Another witness swore that he saw
shorty" whom he always called "Bill,
at the Suttervilie House on the Riverside
road on Monday morning. His countenauce
gave evidence that he had been in a fight
Witness treated him twice.
William Grundeville, son of the proprie
tor OF the Sutterville House, testified to tht
same effect and described Shorty" so tha
it seemed impossible that he could be mis-
taken in the man.
Dr. Reed, dentist, examined one of the
bones which officer Frazer had found in the
ruins, and said he was almost positive tha
it was a human tooth. He would not swear
10 it, however.
Mrs NJ. H Holland, who resides at Twen
ty.second and S streets, testified that the
Kerwin boys were at her place when the
fire started, talking to her boys.
Several other witnesses were introduced
and the case on both sides rested.
Judge Buckley reviewed the case anC
found the defendant mot guilty"