Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-11

Horace Mckeen Charged With the Murder
of His Brother-in-Law.

Of His BrOther-in-Law.
In the trial Of Horace McKeen for the muir
der Of his brothe--in-law, VIM. H. Harding, at
Tenleytown by shooting him on the I'd of Sep
TENDER last some sixteen witnesses were ex-
amined in the Criminal Court yesterday, the
court sitting until AS. The testimony was to
the effect that on that day McKeen called at
Hardings house in the village to persuade his
wife, who had separated from him and had
taken refuge with her sister, Harding's wife.
to again live with him. Mrs. Mckeen refused
to 60 with him, when her husband pulled out
revolver and threatened to shoot her. Harding
upon reaching home from his days work was
told by his wife of McKeen's conduct. Harding
got shotgun and ordered McKeen from the
premises. The man left. and shortly after
ward Harding left his house for the post Office.
McKeen followed him and the two men en-
gagged in a fight. McKeen getting the best of it.
Harding attempted to pick upa stone when
McKeen, pistol IN hand, said: IF you pick
that up I'll shoot you in your tracks"
Harding sent for policeman and
then entered his house, McKeen passing down
the road. Harding got his shotgun. came out
of the house and followed after Mckeen. Al
most Immediately afterward the report of
pistol was heard. instantly followed by the re-
port Of shotgun, and Harding came back to
his house with pistol ball in his left groin.
planning that Mckeen had shot him. Policemen
the firing. discovered McKeen coming out Of
some bushes on the side of the road. They
asked him il he knew anything of the shooting,
and he replied that be did not They found no
pistol on him. but searching about the place
they discovered a revolver hidden under
plank near the scene On the way to the police
station, in Georgetown, McKeen explained that
Harding had shot al him and he had shot back
in self-defense The mans clothing In the back
was cut by small bird shot and a number had
penetrated his flesh. Harding died from the
effects of the pistol shot two days later. and his
face was bruised from what was alleged to be
Mckeen's blows in the fight previous to the
shooting.
Just previous to the adjournment Of the
court for the day District Attorney Birney Of
fered the divorced wife of McKeen as a wit
ness. contending that as the man and woman
were now divorced the former wife could be a
witness. Maj. Darlington. for the defendant,
objected, on the broad ground that the woman,
once the wife of the prisoner, could not testify
as to anything which had occurred during
their marriage. Judge McConas stated that
he would hear counsel on the question this
morning. and at AS pm. adjourned the trial
until that time.
THE DIVORCED WIFE TEsTIFIEs.
In the Criminal Court, Justice McComas, the
trial was resumed this morning and the ques-
ton of admitting the testimony of the divorced
the defendants counsel contending that she
could not be witness, and he
also made the point that her name was
included in the list of witnesses furnished the
defendant. The court, after referring to
number of cases. ruled that he would admit
testimony In respect to matters and occur
FENCES during marriage not arising from the
confidential relations of husband and wife. and
the district attorney stated that her name was
not on the list because of clerical omission.
Exception was taken.
Ada C. Ricketts, testified that she met Nc
Keen in 80 and knew him as James Holmes till
short time before the 18th of July, when they
were married. She left him from June, 1881.
to April 16 following. She went to her mothers
and then on August 81 to Mr.. Harding's.
THE DAY OF THE SHOOTING.
On September a colored boy came with
note from him. and she sent word that she did
not want to see him. He then came himself.
and asked that she 60 out with him. and he put a
pistol to her head. She told him to wait till
she got her hat, but she had no intention
Of going with him, for she was afraid
that he would kill her. She then left the room
and told Mr.. Harding not to 60 in, that he had
pistol Mr.. Harding went out and returned,
and she went to Mrs Rily's house, and from the
window saw Harding in the middle Of the road.
and Mckeen was cursing and threatening to
kill Harding. She saw them come back and
then saw the flash of the two shots, one shot in
the road and the other fired few feet to the
side.
On cross-examination witness related that
she met Mckeen In April; that hs had a broken
leg and she attended him. and then sketcning
her married life. said that the suit for divorce
was commenced about September l and the
divorce was granted in January.
WHAT THE DEFENDANT HAD THREATENED.
Henry Z. Selby testified that he lived above
Rockville; knew the prisoner by the name of
Holmes there. Some time before the shooting,
about the time Mckeen first left his wife met him
In Monkey Run-a street in Rockville. 1t was
in the summer or fall and he was pretty drunk
and said Of his wife that she was gone and was
at Tenleytown at Harding and he was going
there and have her or kill her or Harding one
On cross-examination witness said he lived
with his wife; worked his little place; got ac-
qua inted with Mckeen through drinking; knew
the talk was in 80 because IT not 81. He
went with Mekeen to got drink. He was to
treat and witness to buy it.
You were pretty drunk? was asked witness,
and he replied. "No. was not could not be
pretty drunk if was drunk. for I'm an ugly
man."
Robt: Curran, George Edwards, NJ. J. Col
Inns and others testified in effect that the men
fought and Harding got the worst; that Hard
ing got gun went down tine road and getting
on the fence, said. "Here he is. boys" when
Mckeen. who was in the bushes. fred and
Harding returned the fire.
THE PRISONER ON THE STAND.
The prisoner was at 1918 placed on the stand
and testified that he had resided in this vicinity
for eight years. He then told certain incidents
in his married life and stated that he had a
difficulty with Mr.. Harding once before in
April, 81, and was ordered away and stoned
and he left. The writ in the divorce
case was served on him on September l,
in the evening. 1t worried him and he decided
to see his wife. who he thought was in Rock
Vile. He asked man named Padgett to go to
Rockville with him. He took a pistol with him.
getting it on d between 7th and Sth streets.
for he afraid without something
to protect himself from his brother-in-law. Ma
gruder Ricketts, had assaulted and threatened
to Kill him and he knew that the feeling there
was against him. They got to the house about
O'Clock and was informed that his wife had
gone to Washington. The next day he looked
around Washington for his wife and then went
to Georgetown and engaged q boy to take a
note to his wife. He had the divorce writ in
his pocket and he was going TO ask her about il.
He told the story of his interview with his
wife, but said he took ont his pistol TO irtimi-
date Miss Nirgie and not his wife, who. he
claimed. took il all good naturedly. He as
serted that Harding came out with a gun. Or
dered him away. cursinS HIM and calling
him names, and that he threw stones at him
two of which struck him. He told of their
cinching. and then that he went into the
bushes so as to avoid Harding. who
was sitting on the fence, and he claimed
that Harding fred first. and that. stung
49, boz H. 4