The Providence news. (Providence [R.I.]) 1891-1906, 1891-11-11
GEORGE N. KENYON.
Trial For the Murder Of John Nc
lnness Continued.
THE WAKEFIELD COURT TODAY
Mrs. Kenyon's Testimony-The Govern
ment Rested Their Case This Morn
ing, and Mr.. West Opened for the De-
fense-To-day's Proceedings.
ESPECIAL TO THE NEws.1

WAKEFIELD, II. l.. Nov. 11.-When the
Kenyon trial was resumed yesterday after
noon the State called Mrs. Kenyon, and Q
long discussion ensued as to whether she
should testify against her husband. The
court decided she might testify If she
chose as that was the ruling of the com
mon law of the State. Mrs. Kenyon swort
that on the morning Of Aug. 12 McInness
was at work as usual, and not under the
influence of liquor Capt. Kenyon went
up to the Globe farm i'm the forenoon, re
turning shortly after 2:30 o'clock.
After the captain had gone into his
room she heard McInness turn the door
knob and come into the entry. As soon as
he came in she heard the report of the cap
tain's rifle. She opened the door, and saw
McInness standing in front of it, with one
hand raised as il TO ward off blow. His
head was turned TO see where the captain
was, and she heard him say, Don't"
At the same instant blaze OF powder
went by her face and nearly burned her.
She closed the door but opened IL again In
half a minute and saw that McInnes had
disappeared. In front of her doorway
were drops of blood, showing where Nc
Innes had stood, and from there a stream
of blood was traced to the basement stairs
second and fatal shot Mclnnes was stand
ing perfectly still; he had not attempted
TO enter the captains room.
McInness had on nothing but a thin
shirt and thin pair of pantaloons, for the
day had been very hot. He had no pocket
in which TO carry weapon. After the
shooting, Capt Kenyon tore down the cur
tain over his door and, at George Weed
ems request he put his rifle away.
The defence tried hard to break down
Mrs. Kenyon's statements, but she stuck
closely to her story.
The Kenyon murder trial was resumed
at $3.50 this morning. The government an
nounced that they rested their case after
Mrs. Kenyon's testimony. Mr. West
opened for the defense, offering as evidence
the ex parte deposition made by Mrs.
Kenyon before the coroner. The court
ruled that under no circumstances could
il be placed before the jury rs evidence,
but that the counsel could refer to il in
his argument, and only to such portions
as counsel had questioned her.
Frank Gardiner swore that on the morn.
ing of Aug. IL he was at the old mill and
heard McInness curse Capt. Kenyon. In
cross-examination he said that he had
been TO the mill twenty times in the last
two years, had seen Jack every time, but
never heard him swear before this
Joseph g. Johnston of Boston Neck was
called TO testify that in july last he heard
McInness say that he would kill Capt
Kenyon if he did not pay him, but the
court ruled that improper, as the knowl
edge of the threat had never come home tc
the accused. Similar rulings were made
in the LaCoste and Donahue murder trials
Exceptions noted Witness testified that
Jack was a bad man, but the only author
ity for that statement was William
Sprague who said that Jack would throw
a hatchet ut a man, butt was Sprague's
presumption.
The government, by cross-examininp
witness on what he meant by one exhibi
tion of temper, said that he asked Jack II
he was any more sure of his pay because
Mrs. Kenyon hired him, all the other help
having left because they were not paid
Jack said: "D-m them, If they don't pay
me I'll kill them"
John II. Wilcox, ex-town sergeant, for
merly on the Pier police force, swore that
when Jack was drunk he was quarrel
some, but that he had never arrested Jack
for anything but drunkenness. He wasn't
noisy when drunk, but because he resisted
arrest he judged him to be quarrelsome
man.
Several witnesses were called to testify
as TO McInness' character. They all said
that when he was sober he was a harmless
fellow, but when drunk was quarrelsome
Robert Burns said that he owed McInnesS
money, and refusing TO pay him because
Jack was drunk, Jack said: 'I'll kill
you" but Jack made no attempt TO carry
out the threat Coroner Thomas J.
Pierce was recalled TO swear that Mrs
Kenyon was not helped by him, rs she
swore, and that she dictated the story
read it and swore it. The coroner could
not tell to-day where Mrs. Kenyon said
Jack placed his hands just before the
shooting
Josephine Blackmore, 10 years old,
swore that she saw Jack at dinner al
Kenyon's the day of the shooting. She
thought Jack had been drinking. After
the captain had eaten dinner Weeden
came in. When the witness was up stairs
she heard loud talking in the mill Mrs
Kenyon sent her out To tell Kenyon to
kill the captain. Jack was standing be
side the saw mill and the captain was
coming out of the cockpit Ellery Wee
deem came out and told Jack to stop, and
Kenyon and witness went into the house
When she saw Jack coming in she ran
into the captains room because she was
afraid of him. Two shots were fired and
then she ran ont to the piazza. She did
not see Jack doing anything TO the captain
before she spoke to her Aunt Susan. This
was i'm refutation of the claim Kenyon has
made that the child saw the alleged as
sault made upon him by Jack and ran
and told Mrs. Kenyon that Jack was kill.
ing him, Kenyon. Josie said she didn't
60 into the mill at at all. but she saw Jack
standing side Of the cockpit. A long
cross examination followed, which was
not concluded at the noon recess. The
admission was obtained from her that
Capt. Kenyon had three times since last
Friday talked with her as to what she