St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-02
NO VERDICT VET REACHED
Should the jury Agree Before
Morning, the Verdict Will Not
Be Announced Until Court
Opens Kennedy Testified in
His Own Defensc-His Mind a
BIank-The JUDGES Charge.

and the shooting was as follows:
After relating how he and Hoy had
been drinking together all tue after
noon, Kennedy said: From Martins
| saloon we went to Haley q Hoy'S. l
think Corey and Joe were with sme.
We had another drink there. L
don't know how many times we
drank, but l think it was
whisky. The next thing | remember |
was on the sidewalk talking to a police
man. l don't know who it was. bu
presume it was Fleming. L think he
wanted me TO 90 home. After leaving
Haley d Hoy's L can't remember any
thing until l found myself in VoS'
saloon. l don't think any one was there
bur Officer MalchoW. | saw Hoy COM
ing down TO the saloon and when he
was about ten feet from me ne said,
God d-n YOU | think we were fight
ing as soon as we met"
Il thought Joe hit me with a rock.
After | fell l don't remember anything
till the policeman had me. l don't re-
member anything more till | met Miss
Flanagan, nut | can't tell where | met
her nor where | left her. l can't
remember anything more until the
shooting occurred. l only remember
JOe's coming toward me and the shot
was fired. l can't remember anything
more"
Kennedy said that he believed he was
drunk after leaving Haley u Hoy'S sa-
loon.
Mr.. Davis then showed him the pistol.
Kennedy recognized the weapon, and
said it belonged to his father.
II put it in my pocket that morning."
continued Kennedy, las we were eX-
pecting to 90 ont into the country. and
! thought we might shoot something. l
told Joe about it. We had been life
long friends, and l did not know Joe
had been shot until l remembered ask
ing him if he thought Joe was dead. He
said he didn't know"
County Attorney Nye subjected Ken
nedy to a rigid cross-eXamination, but
did not shake his story, as Kennedy's
mind was blank regarding important
matters. He said that he was
not engaged in business last
month, but that about a year
ago, he kept a saloon at Little Falls.
Kennedy insisted that his mind was a
blank from the time he left Haley &
Hoy's saloon until the first fight. and
blank again from then until the shoot
ing. which partially sobered him up.
He remembered telling the policeman,
after the shooting, that he was sorry,
because he was sorry.
did you not go home after the first
fight and get the gun?a asked Mr.. Nye.
No, sir, L did not" answered Ken
needy.
After the cross-eXamination of Ken
needy, the defense called Officer Nc
Laughlin. who drove the patrol wagon.
He testified that Kennedy related the
particu lars of the fight with Hoy and
the shooting, and that Kennedy was
drunk at the time and cried when he
smoke of the shooting.
Father Riley, who talked with Hoy
about six hours before his death, was
called. He testified to the following
conversation between him and Hoy: .
Il said, Joe, what is the trouble?'
well, l suppose he replied, drink had
a great deal to do with it, | asked him
why he didn't keep away from Kennedy
when he was houriShing a revolver. He
replied that he didn't think anything of
it. as Kennedy was always keeping
one.
The defense rested here. and the
prosecution recalled several witnesses
IN rebuttal. Dan Hays. Andrew Dwyer,
Hugh Johnson, David Collins, Tony
Tietz, Vos' bartender, and Peter Vos
himself, all testified that they thought
Kennedy was sober when he shot Hoy.
Lizzie Tromley testified that Maggie
Flanagan had told her that Kennedy
| CulAll Nv II Oll ~ Al llltL
night. Miss Flanagan was recalled
and denied Miss Tromiey'S story. This
closed the evidence and court adjourned
until 2 p. III.
County Attorney Nye began to sum
up shortly after court convened. He
talked until 4 p. m. Mr.. Nye reviewed
the evidence exclusively, and argued
strongly against the theory OF self
defense set up by the defense. Fur
| fhe r,nnra sc Lnnnndy xuo ~, y he
would not know enough to defend
himself. If he was intoxicated, it was
because he wanted to be. Mr.. Nye de-
fined murder in the first and second de-
grees, and claimed that the state had
proved him guilty of murder in the
first degree. 1t was a dangerous doc
trine that murderers should be al
lowed to come into court and say: Il
thought he was going to kill me-"
Mr.. Davis summed up for the defense.
He began at 4 p. M, and finished at $40.
His speech was an eloquent effort, and
delivered in the dramatic style for
which Mr.. Davis Is noted. In the
course of his address, Mr.. Davis de-
nounced the witness, M. G. Brady in
scathing and bitter terms, for tes-
tifying that Kennedy belonged to
a hold-up gang. MIR. Davis also charged
the prosecution with being actuated by
a personal motive. In conclusion he
dwelt upon the accident theory, and
claimed that Kennedy acted in self-de-
Tense, and that the second shot was
all accident.
Judge Canty charged the jury. The
court said:
"There is no evidence in this case
that juStities you In acQuitting this de-
PENDANT on the ground of self defense,
there is no evidence to show that Hoy
was about to commit a felony. Hoy
had no weapon. If you have a reasona-
bic doubt on any point necessary to fluid
the defendant guilty, except that of
intoxication. then it is your duty to
acquit him."
81 charge you that intoXication is not
a defense, unless it deprived him Of the
power to distinguish between right and
wrong. If he still had the power to
reason then he is just as guilty as if he
was sober. The defense must prove by
a preponderance of evidence that the
defendant was irresponsibly drunk. The
fact that you may think he is probably
guilty is not sufficient. By a reasonable
douut is not meant a vague or whlm-
steal doubt or a mere CONJECTURE"
The court then read some statutes
defining what constitutes reasonable
doubt."S
Upon the request of the defense the
court charged the jury that the indict-
ment OF defendant was no evidence of
his guilt; that the prosecution was
bound to prove his guilt beyond a rea-
sonable doubt; that personal opinions
of jurymen, not proven, must not go to
make up the verdict, and several other
statutory charges.
The court charged the jury that if
they entertained a reasonable doubt of
any intention or design to Kill Hoy, then
the jury must acQuit Kennedy of MUIR
der in the second degree.
The jury was instructed that 1t could
bring In a verdict of guilty of murder in
the second or third degree, or mall
slaughter in the first or second degrees,
or else a verdict of acquittal.
Mr.. Davis gave notice of the usual
exceptions, and the court room was
cleared. and the jury taken to the jury
room.
Soon after onurt odiourpad Tho ;ury