St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-10-31
HOW HOY WAS KILLED.
WITNESSES IN THE KENNEDY TRisL
TELL THE JURY
THE CASE WELL UNDER WAY.
Eight Witnesses Examined Yes
terdaY-ProbabiIity That All
the Testimony Will Be in by
Tomorrow-The Court Room
So Crowded That the Floor
Shook

AZ Tie rate the Kennedy murder trial
progressed yesterday, the testimony
will all be in by "Wednesday noon. At
least that is the opinion of Mr.. Erwin,
of counsel for the defense. The prOsecu-
ton has scarcely half dozen more wit
nesSes to examine, and their testimony
will be brief, so Mr.. NYe says. The wit
nesses who testified yesterday were
William Burke, Andrew Dwyer, David
Collins and Hugh johnson, who were
in the saloon at the time of the shoot
ing: Officer Charles Malchow, who ar
retsed Ken nedy Immediately afterward,
Drs. E. s. Kelly and Charles Simpson,
the physicians who attended Hoy and
made the post mortem, and Michael
Hoy. The defense do not expect to call
over ten or dozen witnesses, and their
examination will not consume much
more than day. So that if the counsel
finish summing up Wednesday after
noon, The case will in all probability be
given to the jury Thursday noon at the
latest.
When court opened yesterday morn
ing the large room was packed with
spectators, who were wedged in the
aisleS and between the chairs. The
weight Was almost too much for the
decaying floor aud walls of the old
building, as was indicated by an omi-
nous creaking in the ceiling over the
county auditors office on the floor below.
The clerks in that office became alarmed,
and the deputy auditor hurried up
stairs aud notified the court of the dan
ger, whereupon Judge Ca nty ordered
the court room to be cleared of all who
were standing. This was done. much
to the disappointment of those COM
PEELED to leave. The trial then pro-
ceede d, receiving the closest attention
from the large audience, which included
several ladies.
The witnesses of the shooting and
the quarrel which preceded it told sub
stantally the same story. All witnesses
were excluded from the room save the
one testifying. William Burke. resi-
dent of Northeast Minneapolis, was the
first witness called by the state. Mr..
Burke testified that Kennedy had re-
marked that Hoy couldn't do hi M"
| That the two then came to blows in
| front of VosS' saloon. Hoy had the
best of it.when the two were separ ated.
Witness and Hoy, accompanied by Jim
Royce, went to another saloon, but soon
| returned to VosS' saloon. The three
were drinking beer when Kennedy
came in. Some one asked Kennedy
where he got his black eye, and he said
that Joe Hoy gave it to him. Hoy
| thereupon remarked:
You only got what you deserved,
Dick"
Witness testified that Kennedy then
said. "pll shoot you" Hoy then walked
toward Kennedy, whereupen Kennedy
drew a revolver and fired toward Hoy.
Hoy thereupOn grabbed Kennedy by tie
arms, when Kennedy pointed the gun
| downwards and fired again. Hoy still
kept pushing Kennedy back. Then he
| exclaimed, pm shot" Thereupon Hoy
| opened his trousers. pulled up his shirt,
and, pointing to a wound In his abdo-
| men, said, There's the hole" Witness
and Hoy then left the saloon and walked
to the corner of Eighth avenue and
Main street, where Hoy sat down OH a
| porch, while witness fastened for a
| doctor.
Mr.. Davis conducted the croSS-eXam-
! nation. He brought cut the fact that
| Mr.. Burke had been sleeping on chairs
| in saloons for two days previous to the
| shooting fer the purpose OF lessenlng
| the weight of his testimony. Witness
admitted that after the conversation
about the black eye Hoy walked to-
wards Kennedy and pushed him; that
| Kennedy at the same time warned Hoy
TO stand back or he would shoot him.
| Michael Hay, the uncle Of the deceased,
was the second witness. MIR. Hoy told
| of the removal of his nephew from the
! grocery store 10 his home, and of his
| death. Asked if he was present when
the Young man died. Mr.. Hoy answered:
He died i'll my arms"
| DIR. Simpson and DR.. Kelley were
each examined III turn. They stated
that the bullet entered the abdomen an
inch and 4 half to the left of the navel
and the same distance above. Then it
| was DETECTED downward to the right,
| passed through two walls of the stomach
| and lodged in the right groin. Death
was due to shock and internal hemorrh-
age. The bullet, a 32-caliber, which
was not extracted until after death,
was introduced in evidence, as was also
the revolver.
Patrolman Malchow was then called.
He related his version of the quarrel
which preceded the shooting. lie had
parted Kennedy and Hoy. The former
had received a cut in the cheek, and
| witness had advised him to go home
Whed witness returned after a short
time he saw Kennedy enter the saloon.
| Somebody told witness that Hoy was in
the saloon, so he started 10 go there in
order 10 prevent trouble. but before he
reached the door he heard two shots
fired. When he entered the saloon he
saw KENNEDY with a pistol in his hand
and arrested him.
On cross-eXamination the officer said
he could not tell who struck the first
blow in the street fight. Kennedy had
complained to him right after that fight
that witness had held him so that Hoy
could hit or cut him in the face. Ken
nedy told witness that the Hoy family
had been running the city long enough,
but that they couldn't run him. While
witness was taking Kennedy to the sta
ton the latter asked him if he had hit
Hoy. Witness said he didn't know.
II hope 10 God | didn't hit him. -
said Kennedy, "for if | did, it must
have been serious. That's a wicked
gun"
The court then adjourned until %. m.
III the afternoon Andrew Dwyer. who
was IN the saloon, took the stand and
gave his version of the shooting, which
was substantially the same as Burke'S
story, except that Dwyer saw Kennedy
pull the revolver from his right-haud
coat pocket.
The next witness was David Collins.
Mr.. Collins was also in the saloon. His
story varied from the others as to the
conversation which took place just be-
fore the shooting. He testified that
after Kennedy came into the saloon, and
Hoy told him that he deserved to get
his black eye, Kennedy replied:
'Joe, are you looking for trouble to-
night? If you ale you can have it. Hoy
stepped forward and Kennedy said.
Keep back or FL shoot" Hoy adj.
vanced still further, and then Kennedy
shot.
Asked if Hoy walked fast or slow to.
ward Kednedy, witness said he walked
slow at first and then faster. Then
Kennedy left the table which he had
been leaning against, and fired the first
shot. Witness said that Hoy and Ken
nedy were only two or three feet apart