Waterbury evening Democrat., 1889-11-14
THE STATES WEAK CASE.

NEW HAVEN, NOVemDer 14.-In the McKiernan trial yesterday afternoon William Brennan testified to the same general effect as Murphy. On cross Examination he admitted having been arrested for assault in Indianapolis and several times in Springfield, O, where his folks belonged until three years ago. He also confessed to having spent several months in the New Haven Jail, and admitted that he was known as 'sWild Bill" He was quite forgetful as to what he had been doing or saying before going to McKiernan's saloon. But said it was Fitzsimons who sug- gested they all should go up and see "Terry," meaning McKiernan.
 The defense will later introduce testi mony to show that when the gang left Wards one of them said, "Let's go up and clean out Terry," and they started out to create a disturbance in McKier- nan's.
 This morning when the court reopen ed, Brennan did not appear in the wit ness box when called by the attorney for the defense. His testimony was not concluded yesterday, or rather Attorney was rumored around the court room inst the witness had been pushed so hard that he had skipped the town. It was mutually agreed on both sides to call the next witness and George Fitz- simons was placed in the box.
 His testimony corroborated Murphy's in almost every particular. He swore however that McKiernan, after shooting Cleary, helped him to the door and put him outside, then coming back and telling Cleary's companions to look Brennan on the way back, who told him Cleary was dead. When asked if anyone was in the saloon when he went there, Fltzsimons' answer was, no one. Attorney Case then asked him how many times he had told his story. First he said twice, then three times. When asked at what times he said, before justice, the coroner and this morning. He said he was in Waterbury Monday in Attorney Terry's office. Mir Terry read his testimony to him, which he had given before the coroner. Witness denied first that there was anyone pres ent but himself and MT Terry, then he said that Attorney Kennedy was there and finally admitted that the two Brennans were there also. Did not think they heard his testi- mony. Attorney Case characterized it as mysrterious interview. Attorney Terry asked him if he remembered the evidence he gave and he said he did not, and witness swore that this was done to jog his memory. The witness be- came uneasy at the scatheing cross examination and finally sat down in the box. He contradicted himself several times and in fact became thoroughly demoralized. He swore before the coroner there was good light in the saloon and this morning swore there was none. Swore he and Murphy were in back room when shooting was done. When asked why they were there said he, Fitzsimons, was not feeling well. While Fitzsimons wassgiv1ng his testi- monyBrennan had come in and Attorney Baldwin put him on the rack again. He said he suggested going to Mckier, drinks and placed fifty cents on the bar to pay for them. McKiernan did not see it and Cleary, the dead man, picked it up and put it in his pocket. Cleary then called for another round of drinks and placed the fifty cents he had picked up on the bar for payment. 1 McKiernan refus to take another mans money for the drinks, but said the round would cost nothing if they would only leave the place. On their asking for another drink he gave it to them on the Fitzgerald and Murphy went into the DeASA AooAh SO AiSie, iioNA e' NAo
 pute over some woman. When McKier- | nan asked them all to retire Cleary said ''you are not running this place tonight Terry" The witness was not positive as to that statement, but thought it was said. When asked if any of the drinks or cigars they had there were paid for he replied he did not think so. He placed Cleary
 in different position than the other witnesses and as he made this state. ment, which will go to show Cleary was the i1nst,gator of the shooting, the law yers for the defense smiled. He swore there was light in the saloon before the coroner and denied it yesterday. He here became nervous and sullen and snapped out his answers.
 l Spectators and lawyers who are pres
 ent at the trial seemed inclined to the opinion that the gang are in court tc
 make strong efforts to hang McKiernan. 1 When asked any questions detrimental
 to the prisoner, they all answer with promptness, but when asked anything
 that will be favorable to the defense, | their memories seem to have left them
 and they have no recollection. It is the
 current rumor now in the court room,
 that the witnesses for the defense will
 prove that before reaching McKiernan's 1 saloon the gang made threats about
 going there and cleaning out the place. ] McKiernan was to-day observed tc
 smile for the first time since the trial
 began, when his able attorneys cornered
 the witnesses. q He is still an object of
 pity and the hopes of the spectators and
 lawyers present are that he will be ac-
 quilted So far the states evidence is
 being gradually torn to pieces and it is
 the general opinion that before any witnesses for the defense are pcalled on
 the case will be almost hopeless flor a
 capital conviction. .,ir.
 William Brennan admitted to testify.
 ing before the grand jury that Cleary and McKiernan had dispute, but saiC
 he had no personal knowledge of the af
 fair. He also said he heard that McKier
 nan had accused Cleary of stealing two
 bottles of "whiskey and box of cigars
 the last time he was in he saloon.
 Charles Weber testified that he went
 to McKiernan's saloon at 12 o'clock anc
 all was quiet. ...... 1t. l The World no Nova l1tittf