The Providence news. (Providence [R.I.]) 1891-1906, 1891-11-10
GEORGE N. KENYON.
The Trial For the Murder of John
McInness Resumed.
THE WAKEFIELD COURT TODAY.
The Trial VIII be Fought on Technical
Law Points-Capt. Kenyon Seems Not
to Realize His Position and Remains
Very Cool.

WAKEFIELD, r. T., Nov. 1o.-The trial of
Capt George n. Kenyon for the murder
of John McInness was resumed this morn
ing The court was again crowded and
guard was maintained at the door that
kept out scores of the would-be spectators.
Capt. Kenyon being on bail sailed in and
out of the crowd as clipper as bird. That
he does not realize or will not believe that
he is in jeopardy is evidenced by his cherry
invitation to the attorney-general last
evening TO pass the night as his guest
This trial is going to be fought on tech
nical law points, which will give IL
prominent place in the criminal history of
Rhode Island courts, and cause it TO be
referred TO in citing authorities i'm future
trials involving the right OF a wife TO tes-
tify against her husband. And the more
delicate point whether after threat had
been made TO do bodily harm and before
the killing had followed the threat and
gesture, the defendant had had sufficient
time TO cool Off If he had, despite the
threat and gesticulation indicative of an
intent to kill malice according to the
highest authorities which will be quoted
to-day, is presumed.
In this instance it will be recalled that
after Mclnness and the captain had been
quarrelling, they separated and went into
the house. Mclnness was not a tres
passer, for he was not only lodger in the
house, but carpenter work that he was en-
gagged on for the captain was also inside
the house. This will dispose of the point
which is to be raised by some, that Ken
yon had the right TO shoot because he was
on his own premises, and because Mcln-
ness, in following him in. was a tres
passer.
Medical Examiner Metcalf testified that
McInness had two wounds, one on the
right breast and one under the right arm.
Both were caused by the same bullet
which had shattered two ribs and passed
through the lower and middle lobes of the
right lung. Death was from hemorrhage,
resulting from the wounds described.
McInncss knew he was doomed, for two
hours before his death he said Don't re-
fuse dying man a dring of water"
As the witness had not told McInness
that recovery was impossible the Court
ruled that that could not be accepted as
dying declaration when witness about
it in the lower court. Rudolph Boldt,
employed by Kenyon, swore that McIn-
on rails for the house piazza.
At 23O Kenyon went into the mill
where Jack was, and soon he heard the
two quarreling about something. Kenyon
was seen going toward the house, and
the front door before Jack left the mill.
Jacks walk was moderate and at his
usual pace. The witness heard two shots
a few seconds after Jack went through
the door, and but three seconds seemed
to have elapsed between them. Witness
went TO the house and found Kenyon in
the front hall. The captain had rifle in
his hand. AS he entered Kenyon's house
he saw curtain suspended i'm the bed
room door facing the front entrance.
The curtain was hanging to one side,
the string having been broken. The
curtain was produced in court and
i'm its centre was seen n hole surrounded
bv large burned powder stain. This
stain was on the side toward Kenyen's
room, and the curtain did not hang down
To the floor McInness showed no signs
of drinking, and the odor OF alcohol was
not found on the vomit before death
nor in the stomach at the postmortem.
The production of the curtain was a
surprise to the defence, as nothing was
said.
Witness asked Kenyon what he had
been doing. Kenyon said he would show
the son of a that he couldn't shoot
him. Witness asked where Jack was.
Kenyon said he didn't know. Witness
asked if Captain could not get along with
out shooting. Kenyon made no reply. He
saw blood stains in the front hall, two
feet from the outside door and near the
sitting room door. Witness. Kenyon and
Ellery Weeden followed the trail of the
blood and found Jack on the bridge.
Jack said "This is my summers pay"
Captain ordered Jack taken to the house
In cross-examination witness said he
smelled liquor on Jack i'm the morning.
Jack and Kenyon had an alteration
about driving cattle TO field. Mclnness
refused TO 20, and they quarrelled. Just
before the shooting witness heard Jack
talking as he walked after the captain,
but he didn't know what was said. Wit
ness il foreigner, and didn't compre-
hend many questions. Still he stuck
close To the direct examination. Defence
made strenuous but futile efforts 10 break
Boldt down as TO time elapsing between
the shots.
In redirect, witness said that when Jack
was asked TO put out the cattle he asked
what was the use so long as the captain
wouldn't put up the water fence. The
captain then said IL Jack dinn't want TO
60 he needn't A sofa was across the
door of Capt. Kenyon's room.
George Elery Weeden, employed by
Capt. Kenyon, swore that Jack had no
liquor on the morning of the shooting.
Witness and Kenyon went 10 the glebe
farm TO put up the live stock, returning at
230. Jack was busy I'm the workshop.
Kenyon went there; witness followed and
found Jack standing against the saw
bench. Kenyon stood beside the trap
door leading 10 the hume. Captain said:
"You're n d--d liar" Jack said:
You're one, too"
Captain said nothing about being
Jumped on in the fume Witness told
captain that II II was going 90 be more
quarrelling he'd 90 home. Kenyon then
left the Workshop. Witness knew the
pump hadn't been started. This was very
vital as Kenyon has always claimed thnt
he had been in the pit TO start the wheel
and that Jack pitched on him and Jumped
on his back. Both men walked leisurely