The record-union., 1892-03-12
SMITH MUST Be TRIED.
The Slayer of Patrick Brannigan Was
Not Exonerated.
Conclusion of the Coroner's Inquest.
and Non-CommittaI Verdict
Rendered by the Jury.


Neck" last Tuesday, was concluded by
Coroner Clark last evening at the
BIorgue.
There was another large attendance.
and after all the testimony was in the
crowd waited anxiously about the place
10 bear the verdict of the jury. There
were many of Smiths associates there
who confidently expected a verdict of
Justifable homicide, but they were
doomed to disappointment, as the jury
simply found that Brannigan 'came to
his death from three gunshot wounds in
flicted by pistol in the hands OF George
Smith"
THOUGHT BRANNIGAN WOULD SHOOT.
William f. McFadden, an ex-hotel-
keeper, was the first witness called. lie
said he saw portion of the shooting. lie
was talking to Wilkie Collins, the Bee re-
porter, ana noticed that Brannigan was
talking loudly on the sidewalk. Witness
then went down to the polls, and upon
returning saw Smith and Brannigan in
conversation. Braunigan was saying,
Why did you hit me in the jaw" and
Smith seemed to be apologiZing. Bran
nigan had his hands in his coat pockets,
and was fumbling with something. Wit
ness thought Brannigan was going to pull
range. Smith and Brannigan continued
10 talk, but the witness could not hear
what they said. Suddenly Brannigan
made a move as if trying to pull some
thing out Of his pocket, but Smith in
SANITY whipped out revolver and fired at
Brannigan. That was all the witness
saw, as he got out of the way as fast as his
legs would carry him.
In answer TO questions asked by Chas.
u. Jones, Smiths attorney, McFadden
said he moved away from the men be-
cause he thought Brannigan was going to
shoot through his coat pockets. He did
not see Brannigan take his hands out of
his pockets during the conversation. The
witness saw Brannigan before the shoot
ing.
George Wittenbrock testified that he
was talking with Smith near Third and j
streets, shortly before o'clock on the
Gay OF the shooting, when Brannigan APP
preached. The latter began To talk
abusively of Chief of Police Drew. Smith
took otfense at the talk and struck Bran
nigan in the face. The latter grew very
angry and said, "If [ was heeled L would
send you to the Morgue." Somebody
took Brannigan away, and further
trouble was prevented.
BRANNIGAN's THREATS.
Hiram Greer, who drives the ''city am
bulance,' said he was at the Third-street
polls about o'clock on the afternoon of
the tragedy. Smith was in the polling
place, when Brannigan came up the
street. Just before he reached the poll
ing-place Smith came out and walked up
the street. Brannigan saw him and said
There goes the - - that Pm GO
ing to kill before the sun goes down.
lie was with eX-policeman Dolan, and
the latter prevented him from following
Smith. The witness saw Brannigan draw
pistol partly from his pocket. He then
heard Brannlgan say, Pm going to wait
tor that -- -, if / have to stay here
all night'' Dolan finally took Branni-
gan away, and about fifteen minutes later
Smith came back. Ten minutes later the
witness was driving off with drunk"
when he heard the shots.
Robert Neeley, shoemaker, who is
employed in the shoeshop, in front of
which the tragedy took place, heard the
first two shots but did not see them. He
ran TO the door, and saw Smith fire the
last shot. Brannigan was half-lying on
the sidewalk, and Smith leaned over and
shot him. The witness saw the blood
squirt from Brannigan's head.
Edward Boone, a barkeeper employed
at Arthur Miller's place, at Second and j
streets, was the next witness. Brannigan
came into the saloon about t O'clock, with
Fred Gotobed, and got drink. He heard
Brannigan says that 'he was going to Kill
the big He also said: ''I've
going home to get it. and Pill have that
fellow in the morgue before night"
Gotobed advised Brannigan mott do any
thing rash. Witness knew Smith very
well, and never knew him to carry a
pistol.
TRYING To QUIET HIM.
George w. Whitlock was standing near
the Third-street polls shortly before the
shooting, and saw Brannigan with a
friend, who appeared to be trying to take
hlm away. Brannigan said: THAT -
- Smith hit me IN the face; but
he'll not do it again. I've been home and
heeled myself, and FL kill him."
Constable Fred Gotobed testified that
he met Brannigan near the Third-street
polls about 4 O'Clock. Brannigan was
gesticulating, and when the witness
asked him what was the matter, he said,
. That -- - - hit me in the jaw"
Te pointed to Smith when he said this.
The witness took him away to Arthur
Niller's saloon, and while there Branni-
gan said he was going home to get gun
and kill Smith. Witness advised him to
so home. but Brannigan insisted that he
would kill Smith. Gotobed subsequently
met Smith and told him of Brannigan's
threats. Smith simply said, 'Oh, pshaw!"
A young man named John Morley
testified that he saw Brannigan and
Smith quarreIing just before the shoot
ing. Smith was saying he was Bran
nigan's friend, and Brannigan was
disputing him. Finally Smith said
"Y0u say l haven't been your
friend?' Brannigan said, ''No, you are
notv Then Smith said, ''All right, then
that settles it." and Immediately drew his
pistol and fired. This witness was sure
that Brannigan's hands were at his sides
and not IN his pockets.
a boy named Frank Just testified that
he saw the beginning of the shooting but
cd =, ~
ing crowd after the first shot was fired
After Smith and Brannigan had talked a
few minutes he saw Brannigan button
up his coat and then put his hands into
his coat pockets. Then Smith drew his
pistol.
Charles Farren testified that he wit
messed the shooting. He first noticed
Smith and Brannigan quarreling near
tie polls, and stopped to listen to them.
lie did not hear what was said, but saw
all three shots. he saw Brannigan make
no demonstration as if to draw weapon
upon Smith. He was surprised when he
saw smith commence 10 shoot. just be-
fore the shots Brannigan buttoned his
coat, but the witness could not swear that
he did not thenput his hands in his pock-
els. After Brannigan fell witness saw a
pistol on the sidewalk at his lett side.
THE FIRST ENCOUNTER.
{. Wagner saw the difficulty between
<NAANs t'AitANtl sly uOtlIS Dc-
fore the shooting which led TO the tragedy.
Smith seemed to be good-natured, and
showed Brannigan away, saying, go
away. Scotty; / don't want to have any
trouble with you" Brannigan replied
that he would see him in the Morgue be-
fore night.
w. III. Leeman corroborated Wagner's
testimony.
Deputy Constable Frank Swift heard
the first two shots, and saw the last one
fired. lie saw no pistol in Brannigan's 5