The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-05-09

grabbe1 a stove litter from the stove and
stood in threatening attitude. Witness
saw Givens throw open his coat and say
'I'll put bullet through you" Witness
sent Mrs. Boyle for a policeman.
Cross-examined, she admiJte d that
Givens mad threatened to send a bullet
through Ward before the latter grabbed
the stove litter.
Mrs. Annie Boyle swore that on the oc-
casion alluded to by Mrs. Gallagher that
was upstairs while Ward and Givens were
there, but heard no conversation. She
admitted that Ward had bread-knife in
his hands when she saw him. She told
Ward TO throw 1t down.
Neil Gallagher Testified that he knew
both Givens and Ward, and denied that
he ever heard Giyens say anything about
Ward since the Givens' marriage. He
had heard something which he supposed
would not be allowed as evidence. Sub
sequently he whispered that something"
in the Prosecutors ear. IL Is said TO have
been to the effect that he heard some mau
say that Givens told him that he'd have
Wards life.
Con Sweeney and John Gallagher both
gave irrelevant testimony. Mrs. Fanny
Sweeney, an important witness, was not
In Court. The Prosecutor said he had
certificate from physicians to the effect
that someone was sick in Mrs. Sweeney's
family.
The Court then adjourned until this
morning.
ToDAY's PROCEEDINGS.
The trial was resumed this morning,
shortly after ten O'Clock. The jury stald
at Meyers Hotel, Hoboken. last night,
and enjoyed good nights rest. Con-
stables Jacob, Purcell and Keating had
The prisoners palIor had not decreased
since yesterday, Drs Brough Sal
ter and Couyin, who had been
subpoenaed by the State, were not in the
Court. After waiting half an hour
Judge Lippincott sent out constables 10
go in search of them. John Rodgers,
upon whose disappearance so much stress
was laid by the State yesterday, was
present during the trial this morning.
He came all the way from Bethlehem, Pa
to testify He witnessed the fight
between Ward and Givens that pre-
ceded the shooting.
Counsel for defense objected to ques-
tions by the Prosecutor as to who started
the fight. The objection WAS overruled,
and the witnesses said both commenced
the fighting. Witness saw all present
hide away except Q'Donnell and himself.
They did SO because they saw revolver
in Giyens's hand.
STORY OF THE SHOOTING.
Witness said. in response to questions,
that he was close beside Givens, and heard
him say: Where is heS"
Il put him out of the door," said the
witness.
"Dd he attempt to come back" asked
the Prosecutor.
'sHe did. But I slammed the door in
his face,' answered the witness.
Witness further admitted that he went
outside to try and get Ward out or the
way, but before he found Ward he heard
the report of q revolver.
Witness was closely cross-questioned
by counsel for the defense. but his testi-
nony strengthened the case OF the State.
HEARD THE REPORTS.
On redirect examination by counsel
for State, witness swore that he was in
the back yard when he heard the reports
of the pistol. He was in the back yard
at the time looking for Ward to get him
out of the way OF Givens. He believed
that Glvens was bent upon shooting him.
DIR. BRoUGH'S TESTIMONY.
DR.. Frank Brough of Bayonne testi-
fed to having found Ward lying on
his face IN Owen Boyle's galoon.
He found bullet hole In the
back near the spinal column.
His probe was not long enough to reach
the bullett. AT the hospital the search
for the bullet was also unsuccessful an
next day. The physicians knew the
man could not live. and per-
formed the operation so that
the patient might be relieued
OF matter that had accumulated. Cross
examined by counsel for defense. wit
ness admitted that the bullet was found
during the postmortem examination on
the right side of the body, in the lower
pleural cavity.
The witness was corroberated by DR..
Cronin and also by DR.. Salter. Wards
left side must have been turned toward
his assaiiaut when the shot was fired.
But DR.. Converse, County Physician.
while on the stand, testified that the
course OF the bullet might have been de-
fected He came to the conclusion that
the death of Ward resulted from peri
tonitis,
1t was that Judge Noonau's ultimate OBJ
ject was to move that Wards death Was
not due to the wounds he received, out
from the operation and treat
ment subsequent to the shooting.
In the absence of two more of the States
witnesses, one of whom, McShea, was
said to be IN the vicinity of the Court
House, the State said iG was ready to
read the rest OF the case with the Movlso
trial, the two witnesses should be
allowed to testify in case they
made their appearance. Capiases
were sissued for them yesterday.
counsel for defense was not willing to al
low this, aud the Court ordered re-
cess.
After the noon recess Judge Noonan be
gan the opening for the defence, and will
endeavor to show that Givens shot Ward
in self-defence to save himself.
o