The morning call., 1894-10-25
SWEENEY'S TRIAL
For the Murder of Con
MCManuS.
Joseph Mcdonald Badly Wanted
From Modesto COunty-Said to
Have Changed His Tale.

The trial of Charles Sweeney, ex- base
ball player, for the murder of Con Nc
Manus on July 10 last commenced yester-
day before Superior Judge Wallace and a
jury.
1t will be remembered that the brother
of the ex-King of the Potrero was fatally
shot by Sweeney during a quarrel in the
saloon at Is Third street, owned by the
King" Con McManus was in charge of
his brothers place that morning, and with
Sweeney was discussing a proposal to at
tend some pcnic across the bay. Accord
ing to the statement made on behalf of the
prosecution by Assistant District Attorney
Black, Sweeney was armed and told Nc
Manus of this fact. Thereupon McMauus
told him that 1t was cowardly 10 carry
arms. and one word led to another until
Sweeney fired the shots that caused Nc
Manu.' death.
On the other hand it has been recently
asserted on behalf of the defense that this
story is not true, and that the principal
Wiiness, one Joseph Mcdonald, was in
timidate by king" McManus into giving
this version of the affair. Ii IS said that
a short while ago Joseph Mcdonald called
upon Mrs. Jennie Sweeney, wife OF the
defendant, and told her this. de said that
the truth was that Oh the fatal morning
Con McManus was extremely violent aud
abusive. He called Sweeney number Of
vile names, and went so far as TO pull a
pistol from his pocket, and placing the
muZZle against Sweeney'S stomach fright
ened Tim in to sutjrctiOn.
Mcdonald is SAID to have further stated
that Sweeney held his peace all this while,
and finally McMaDus left him and went
into an inner room behind the bar.
Sweeney stayed where he was, but when
McManus came back again and once more
threatened him with the pistol, Sweeney
in self-defense pulled Out his own pistol
and fired. Such is the story now in cir-
culatloD, and II remains only to produce
Joseph Mcdonald for its verfcation.
Yesterday it was stated ir open court
| that Mcdonald was in Modesto County,
and that the Sheriff of that county, Oh
! being notified to produce the man, tels-
graphed back that he had DO money. On
the request Of the attorneys for the de-
| Tense, Rsel B. Terry and Walter S. Hinkle,
Judge Wallace ordered an attachment for
Mcdonald to be telegraphed TO the Sheriff
of Modesto County, with positive insiruc-
tions TO bring Mcdonald in to San Fran
cisco without delay.
Eleven jurors were obtained at the
morning session yesterday. and the twelfth
man being secured in the early part Of the
aft ruoon, Assistant District Attorney
Black made bis opening statement for the
prosecution, ard the taking of The testi-
moDy was commenced. DR.. c. }. Kenyon
testified that he attended Con McManus
after the shooting, and DR.. Robert O'Con-
neil performed the autopsy on the dead
body.
The two other witnesses examined were
Daniel Mccarthy and Frank Rourke, both
OF whom claimed TO have been eye-wit-
nesses of the tragedy. Their testimony
was decidedly unfavGrable to the defend
ant. and they both denied being either
under obligations to or afraid of the for
midable brother of the dead man. Fran K
McMauus. Kiug OF the Potrero. The tria
Will be resumed to-day.