St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-01
THE DEFENSE OF KENNEDY.
WITNESSES TESTIFY THAT He WAS
DRUNK AND AFRAID or HOY.
"BILL,ERWIN OPENS THE CASE

He Would Get a New Suit of
Clothes and Thrash Hoy, So
He Said-Case to End Today.
The state closed its evidence in the
Kennedy trial yesterday, and the de-
Tense nearly finished examining all of
its witnesses. There are only a half a
dozen more to be called, and the defense
expects to dispose of them within an
hour. The state will then recall some
of its witnesses in rebuttal, but it is not
anticipated that this will consume over
an hour or two. The counsel on both
sides have agreed to begin the
summing up at 2 p. N. today.
County Attorney Nye says he does not
expect to talk tor more than an hour
and a half, II Frank Davis, VINO Will
sum up for the defense, wants only two
hours at the most. If this programme
is carried out the case will be finished
by 6 o'clock tonight, as far as the testi-
mOny and the counsel are concerned.
and nothing but the judges charge will
remain. There is considerable
speculation as to the result of the
trial. Many believe that Kennedy
will be acquitted. others think he will be
convicted of a lesser degree of murder
than is charged. while numerous people
are sure that the jury will disagree.
1t was expected that Mr.. Erwin would
sum up for the defense, in view of his
fame as a moulder of juries' opinions.
The spectators were accordingly sur
prised TO see Mr.. Erwin rise at the be-
ginning of the afternoon session and
open the case for the defense, for that
indicated that he would not sum up.
No surprises came to light yesterday
in the testimony. Seven witnesses
testified for the defense. They were
Peter Vos, the proprietor of the saloon
where the shooting occurred: Tony
TietZ, the bartender; Lizzie Paully, who
owns tine candy store near Vos' saloon;
Daniel Hayes, Frank Miller, NJ. C.
Brady, Thomas Hoy. the brother of Joe
Hoy, who saw Kennedy about 10
minutes before the shooting on his way
to Nos' saloon. The story told
by the witnesses of the shooting
was substantially the same as that re-
lated by tie preceding witnesses who
testified on Monday. Lizzie Paully said
she heard Kennedy say. alter he came
out Of the saloon in the custody of the
officer:
The Hoys have bothered me long
enough. They won't Go it any more
The witness N. G. Brady, who is an
attorney, caused considerable hilarity
when. in answer to a question by MI.
Davis. regarding the sort of hair a GER
tain man had, Brady answered.:
"Well, he had a little more than you
have, Mr.. Dayis.''
Mr.. Brady testified that he was try
ing TO keep out of kennedy's way the
night of the shooting because Kennedy
had once hit him with a SlungShOt. He
had also heard that Kennedy belonged
TO the Northeast side hold-up gang, anu
was a Gisreputable fellow.
The county attorney announced Just
before court adjourned for the noon re-
cess that the state rested.
When court opened at 2 p. m. the
room was crowded, and several lawyers
were present, as it had been rumored
that Mr.. Erwin would open the case for
the defense. Mr.. Erwin spoke for over
an hour. He contended the shooting of
Hoy was a moral accident. Kennedy had
drawn his pistol in righteous self-de-
tense. He feared that Hoy was about
to make another assault. Mr.. Erwin
reviewed the history of juries from
the first down TO the present
time, showing that the first
| juries punished only for the act, and
! lSNeI COlSlicIEu Tie luOIlNe. MI. Er-
win dwelt upon the progress of civIliZa-
ton and law 10 the present point. when
the state Is compelled to prove the guilt
of the d~efendent instead of the accused
being obliged TO prove his innocence.
III conclusion Mr.. Erwin predicted that
the time would come when there would
be no defense, but both sides would be
merged into one. Then all witnesses
would be examined. and none kept back,
and when the last witness was sworn,
the case would close. Then all would
be in the direct line of justice. and the
law would have only TO discover the
truth.
The first witness for the defense was
Denis Corey, who keeps a saloool at 221
Central avenue. Mr.. Corey said that
Hoy aud Kennedy visited his saloon the
afternoon of Sept. %. Witness accom-
panied them across the river, and on the
way they visited saloons and drank beer
and whisky. Hoy and Kennedy both
got drunk.
John Norton Jr., saloonkeeper at 16
Fifth street north, said that Kennedy,
Hoy and Corey called at his place, and
he sold them settler and lemon. Ken
nedy and Hoy we're Intoxicated. Wit
ness admitted he was a frie nd of Ken
nedy.
j. w. Brennan, a bartender at All
Hennepln avenue. testified that he saw
Kennedy and Hoy that day, and that
they were drunk.
Officer Garvin, who spoke to Kennedy
on the corner Of Sixth street and Hen
nepin avenue about 6 p. m. testified
that Kennedy was drunk. Mr.. Davis
attempted to show that Kennedy had
told Garvin that Hoy was in Healey &
HOy'S saloon, at PIG Hennepin avenue,
and that he wanted Garvin TO 60 there
and protect him against Hoy, but the
county attorney objected, and the court
sustained him.
Detective Howard, the next witness.
saw Kennedy about 1880 .. N. the day
OF the shooting, nea the corner of Hen
nepin avenue and Washington. Ken
nedy was drunk.
John P. Wall, a deputy sheriff, was
called TO testify that he had tried to
serve snbpenas on John Ryan and
James King but vas unable to find
them in Hennepin county, and that no
such persons were in existence, but
again the prosecution objected, and the
court sustained the objection.
John Moore, Of 10 Sibley street north
east, saw Kennedy and Hoy in front of
Vos' saloon the evening of the shoot
ing about dark. Witness saw a part of
the fight. He noticed Kennedy and
hoy OloWs, ana saw hennedy
Knocked down on the sidewalk and
then ran over, and saw Hoy punch
ing him. Hoy was on top of
Kennedy striking him in the face. After
they were separated Hoy wanted to
fight some more. Kennedy said Hoy
was the best man. Later IN the evening
witness was Oh the opposite corner to
the saloon when the shooting occurred.
Witness saw Kennedy come out of the
saloon after the shooting, but couldn't
tell whether he wa drunk or sober.
The ext witness was Nicholas Dunn.
OF 726 Main street northeast. On the
evening Of the shooting, about $50, the
witness saw Kennedy on the corner of
Marshall street and Eighth avenue.
This was after the first fight. Witness
next saw Kennedy about twenty-five
minutes later. Then he saw HOY