The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1891-06-27
HELD FOR MURDER.
Cornelius Sullivan win Answer to the
Grand Jury for Criminal Assault
on Dan. Mcclure.

on Dan. McCune.
sullivan, the section laborer, who was
jailed last week for cutting a fellow
workman in fight had his examina-
ton before Judge Beatty Wednesday,
Y. M. Hays, District Attorney, appear
ing Tor the state. Sullivan, being un-
able to pay for counsel, was not repre-
sented. Below is given the evidence
OF Foreman Kelleher for the state. the
other witnesses corroborating hi M in
the main. Sullivan's testimony in his
own behalf is the most damaging evil
dence the state has-as he admits the
the cutting-something the states wit
nesses did not see.
Daniel Kelleher sworn:
On the 18th of June we were on the
hand car going out to work after dim
ner, and in going out they (the men)
had some argument about the Kilrain-
Slavin fight. After stopped the hand
car at the west end Of the bridge Nc.
Cune called for Sullivan to come out
and fight him. Sullivan didn't answer
the call at first but he was called again,
and did go. They went off tho track
down on the level ground, struck at
each other clinched and fell; they got
up and again struck at each other.
clinched again and fell and McCune
got on top of Sullivan and was pound
ing him. Sullivan followed out
enough" McCune kept on pounding;
Sullivan followed "enough!" the second
time. 1 ordered the men to put them
apart. They came up on the track; it
was then that McCune claimed he was
stabbed. didn't see the stabbing nor
the knife. After they were separated
Sullivan made some remarks about
McCune not doing right when he hol-
lowed enough. He made a motion to
hit McCune. After that McCune said
he was stabbed.
Cornelius Sullivan, in his own behalf.
sworn:
AS we were going out on the 18th of
June on the hand car, somebody made
a question to know about the Kilrain-
Slavin fight. just answered out of a
joke that Kilrain won, and then he,
McCune, made an expression and re-
peated it. He called me - and
then said there was no Yankee -
in the country that could beat Slavin:
l said no more; l didn't want to have
any further words about it. Then he
called me "chaw" and a .'tlannel-
mouth" and did not answer him, I
took no notice of him and never spoke
to him until we got to the end of the
bridge. The foreman gave orders to
to stop and go to work, and McCune
jumped out OH the track and challenged
me to come to fight, l didn't take any
notice of it and he repeated it two or
throe times and used the expression
--- each time and l got hot and
went down at him. After we got |
down we both clinched once and
came to the ground together, l believe,
aid we got up and clinched again, and
he got me down in position that |
could not use myself-one of my hands
was under my side and he caught hold
of my other hand and kept beating me
III tho face until l was completely
exhausted. found out that he was
too young a man for me and told him
to quit four or five times, and he would
not and he kicked me three times in
the small Of the back, and then tho
first thing l knew man came down to
put us apart, and he went up first on
lie track, and l followed him up, and
the men scattered to 50 to their work.
As they did SO, as soon as got up, he
went for me again OH the end of the
bridge. l was SO tired and played out
hat l had to protect myself. used
The knife with no bad intentions of
Killing or anything Of the sort. Ibid it
% keep him away from me. |.
At the conclusion of the evidence the ,
Judge announced that Sullivan would
70 held to await the action of the ,
'rand jury which meets next N0vem-
,er.
Fruit at Isham's. II
Ice cold soda water at Isham's,