Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1889-11-14
THE uouRr REoonD.
Superior Court-priminal Side-Suo9e
sanford.

Superior C0urt-DraninaA Shoe-~u
sanford.
Terrence MoKiernap, of Naugatuck, was
put on trial yesterday for murder ne "
charged with shooting and killing Thomas
Clsary, in Union City, near Nsugatuok, last
winter. It was expected that McKiernan
would be tried in Waterbury, as he had been
INIT 10 plead there aud jury had been Sc
lected. Judge Sanford, however, does not
like the court room In Waterbury which Is
insufficient In its accommodations, and de-
cided to have the trial take place in the court
room In this city. Assistant State Attorney
George s. Terry and Attorney Kennedy, OF
Waterbury, conducted the prosecution, while
VIM. g. Gaze of this city, aud b. O. Bald
win and Judge Sweeney of Naugatuok de-
Tended McKiernan. Arthur J.. Patton was
the first witness, and being civil engineer,
showed to the jury plan OF the saigon ana TS
premises where Cleary was shot. Dr: Eo.
ward Fitzgerald Of Bridgeport, destined that
he was called In February last to dress
Cleary's wounds. He was summoned be-
tween one and two O'Clock In the morning.
Ho found Oleary stretched out on the steps
leading to the veranda in front OF MoAier-
mans saloon. The next morning ne and ".
IuEtlo-0Xhm1u0Q
bullet had entered the right lung and taken
a downward course going into the back,
little to the right Of the vertebral column.
Whom shown . bullet by Mr.. Terry witness
stated that It was the one that had killed
Cleary.
Dr.Tuttls oorroborated the testimony given
by DR.. Fitzgerald. DR.. futile 10 the msdi-
cal examiner at Naugatusk. Witness stated
that Clsary could net have lived over fifteen
ia aixsv IA WOnnd.
Attorney Terry exhibited the shirt that
Cleary had worn. 1t was torn and bloody,
and when the murdered mans aged father
and sister saw 1t they turned their eyes away
and shed tears of sorrow.
Joseph Murphy, q cousin OF the murdered
man, testified that he was with Cleary on the
night he was shot. Cleary came from his
home In Woonsooket, n l., on inc nigns IN
question. He won't with him to supper, and
at 2 O'Clock met two mon, Nsonan and Do
Ian, on the corner near Kans's drug store.
The four men went to Moneys saloon and
had two drinks each. Noonan and Dolan
left, and William Brennan and John Bren-
nan and George Fitzsimmons Joined the
party. The Ave crossed the bridge and
went into Eben Wards saloon on Main
street. When the proprietor announced no
was going to close his place for the night
they left. John Brennan wanted to go to
"Terry" NcKiernan's saloon, but Cleary re-
fused, saying he had no money. Finally
he consented to 60. They were Joined ON
the way by sixth man, who had pail.
When they got to NcKiernan's saloon it was
closed. Willie Brennan knocked, and come
one asked If 1t was Willie. On being an
swered afirmatively, MeKiernan opened the
door. Willie Brennan bought the drinks
and aeked NcKisrnan to join them, and he
did 80. Cleary ordered some drinks, but
said he could not pay for them. he was told
that 1t was all right. They got to talking
about prize fights, when some one said that
Cleary was the man who spared at an ex-
hibition few nights before. McKisrnan
exclaimed: "He can't fight. Why, I'll
fight him for $500. Cleary answered and
said that he would fight McKiernan then, or
In week or two, at the same time winking
at Willie KIsrnan. McKiernan then
It directly at Cleary, said,
that there would be no fighting there. Cleary
answered: "You wouldn't shoot any ody,
Terry; dare you" Immediately there was
the loud report of the pistol. Cleary threw
up his arms exolaimipg, "pm shot, boys"
and staggered against the wall. He tried to
get out the door. but 1t was locked. Mo.
Herman came out from behind the bar AMI
opened the door. "You had better look out
for him boys" he said. They went out and
found Cleary lying on the ground, face down.
ward. They placed him on the steps and
went for doctor.
Murphy's testimony was the most impor-
tant that was given, and shows that the
murder was q most cold-hearted one.