Waterbury evening Democrat., 1889-11-13
DESCRIBING THE TRAGEDY.

Ills Death-McKiernan Unnerved at | Sight of tho Dead Mans Bloody Gar l
 ments-The Killing Described by |
 Ono of Cleary's Companions.
 NEW HAVEN. Nov. 13.-The second day of the McKiernan trial opened in the criminal side of the superior court at New Haven this morning at 1O:15. McKiernan sat in the prisoners box looking if anything, much more emaciated than yesterday. From present appearances, the chances are that if the full sentence of the law be passed, he is apt to cheat the gallows. McKiernan is as interested in the evil dence as he was yesterday in the forma- ton of the jury, and not word of either the witness or the opposing at torneys escapes his notice.
 After the calling of the jury, the first witness to appear in the case was Arthur U. Patten, surveyor of Waterbury. He was called about March 18th to make survey of the premises in which the crime was committed. The yard in front of the house, the stairs leading up to the veranda in front, the spot where the victim died, the bar fixtures and other furniture within were all accurately marked on the map. The jury were shown and explained the points and the first witness was through for the present.
 Dr E. M. Fitzgerald, now of Bridge port, at the time of the crime a practitioner in Naugatuck was the second witness. De- tween the hours of 1 and 3 o'clock on the night of the crime, he was called on by three young men, one of whom he tho,,rht EitzSin,Onc a cacOn6 he believed was Cleary's cousin, the third he thought was named Brennan. He accompanied them to the scene of the murder and saw the victim. The upper part of the dead mans body was resting on the steps of the veranda, his feet lying on the ground. Witness made superficial examination and found the man dead. Cleary.s coat was drawn partly over his head, and his arms partly drawn out of the sleeves. On cross-examination Dr Fitzgerald ad could be obtained by dragging the body from one point to another. Witness made later examination of the body at the town hall, with Dr Futile, found the bullet had entered between the first and second ribs on the right side, passed through upper lobe of the right lung, took downward course to left and was found just beneath the skin to the right of the vertical column. Witness recognized the bullet which was pro- duced in court. Death was due to the ing internal hemorrhage.
 Dr Futile testified to substantially the same facts as Dr Fitzgerald, going more into details, but giving no additional information. He also recognized the bullet and said death must have ensued in five minutes. At this point Cleary's bloody clothes were produced for identi fcation. The prisoner showed great agita tion, but quickly recovered his compo- sure, but turned his head away. Cleary's father, who was present, burst into tears at the sight of the bloody garments.
 Joe Murphy, of Naugatuck, cousin of the dead man ,said he was with Cleary l the night of the murder. Went with him to their rooms. Left rooms at 7 l o'clock and on the corner met two men named Noonan and Dolan. Cleary went to postoffice and received a letter from home. The four then went to Mooney's saloon, drank two beers each. Noonan and Dolan left and John and l William Brennan came in. The four left the saloon together, and were joined by George Fitzsimons. They went into l E11lleI w diu StlooA, uidhh Soh1o peel and left the place at closing up time. John Brennan proposed going to Terry McKiernan's. Cleary didn't want to go, saying he had no money. He changed his mind, how ever, and the five started for McKier- mans. Met man on the way with a Ipail and the six went to the saloon,
 William Brennan knocked on the door
 and his knock was not answered. In re- sponse to second knock McKiernan
 came to the door and asked if that was
 Willie. The six were allowed to enter
 William Brennan asked for drinks and
 Cleary called for more drinks telling
 McKiernan he had no money. The
 latter said it was all right. William
 Brennan asked McKiernan if he knew
 Cleary. saying he had boxed in a recent
 exhibition in Naugatuck. McKiernar
 replied: "He can't fight, I can whiI
 him in six weeks for $50 or $1OO." Terry
 said in joking manner to Cleary, ''l
 will fight you now," and then made ths
 same remark to one of the Brennan's
 McKiernan then drew a revolver iron
 under the bar and flourishing it said
 "We will have no fighting here. Cleary said, You wouldn't shoot any body. Terry. dare you," stepping ou , in front of him. As he did so McKier
 nan discharged the revolver and Clear, said Boys, I've got it," clasping hi hand over his breast. He staggered | against the partition to the door F McKiernan opened the door and let hin , out. McKiernan then went back int, the saloon and said, Boys, you had bet ter look out for him." Cleary's compan , ions went out and found him lying fac down on the ground, dead. They place, : him on the steps in the position descrit ed by Dr Fitzgerald. Two of them wen for a doctor and two for sheriff. , At this point the court adjourned un ] til 2:30.
 A DIALOGUE OF FACTS.