Waterbury evening Democrat., 1889-11-18
THE EVIDENCE ALL IN.
Attorney Kennedy Argues For The
 State In the NcKiernan Murder


 State In the NIcKiernan Murder TriaI-Tho Case Will go to the Jury
 Tomorrow.
 NEW HAVEN. November 1S.-When the NcI<iernan trial opened this morn ing Wild Will Brennan was put on the stand by the state and cOntradlCted the evidence of Mcl\iernan to the effect that he and Cleary had taken hold of the bar to carry 1t from the room. He also swore that Cleary had no revolver.
 Deputy Sheriff Sweeny swore that John Brennan had said they would hang Mckiernan if they could.
 This concluded the evidence and Attorney Kennedy for the state began the argument at 10:30. He reviewed the case from it's starting. It was mutually agreed that each attorney would consume no more than three hours. Attorney Kennedy dwelt with particular stress on the point that 1t was sworn by different witnesses that Cleary had no revolver, that the bolts of the door were on when the sheriff ar rived there. although the sister of the accused swore she picked the bolt up when she went there the morning after to clean him out why they did not do it at once. Why Cleary. if he had pis- tol. did not shoot Mckiernan when he had drawn the weapon. Showed that the crime was premeditated by citing the case of Chip Smith. Then address ing the jury Attorney Kennedy said : You must see that justice is done. This poor old man and sisters of the accused know that the victim also has & poor old father and sister and that tLey should demand vengeance for their mur- | I T., tives of the accused man. must know that the one who was called away so suddenly was as dear to his relatives as Terrence Mckiernan is to those who are now trying to save him.
 Ii. (. Baldwin for the defense, opened his argument by sailing into the news papers. He said that some ol the re- porters had already prepared an article on the hanging of his client. He showed up the adverse criticisms of the press and then opened on the witnesses Tor the state. Can you cite O lla case ln a trial of this kind where man has drawn a revolver without any provocation and shot down a man: And yet this i5 what the state is trying to prove. 1t has been clearly shown that five men have met in conspiracy and the issue was the death of one of the conspirators. Addressing the jury he said: Aou must give tls your verdict an acqulttal or de n1and the .uii penalty of the law. There is no I!;.>e between .justliiable homicide ;I.G premeGiitated murder. Non must c:..icr hang or acquit. If McIliernan ll;.l shot down every one of the five he WuuId have been justified as the gang had broken into his house. Why was it that the gang returned again to the scene of the crime: 1t N as b, ,,-l,i.ai, 'ln..p,,- had his person and which the sheriff could not lind one hour afterwards. This pistol was loaned to Clcary the day before by Elmer Ward.
 Attorney Baldwin was making a strong argument when the court ad- iourned fer dinner.
 i The probabilities are now that the arguments will be finished and the case given to the jury tomorrow. The l opinion ill New Haven and around the court room is that lIckicrnan cannot be convicted in the first degree.
 Attorney Baldwin finished his argu- ment this afternoon with a final rehear- sal of the evidence of the witnesses. lie said ;hae no j,ny could convict a man on the evidence furnished by the state no two of the witnesses telling tine same story.
 Attorney Case, at the time of going tt press. was glving the last argument fol the defense. His remarks were a sCath ing denunciation of tine states witnesses lie was making q strong impression oI the jury and it is now the genera opinion that lIcNiernan will be ac quilted.
 Many affecting scenes were witnessed in the court room as the different argG lnents were made. and the father ant sisters of the accused as well as til, father and sisters of the victim are alike the objects of sympathy.