The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-12-08

arms from around Joe's neck turned to-
ward Jack, who was standing in the CEN
ter of the barroom, and said: Nobody
could give Joe the worst of it, at the same
time pulling his gun. He didn't poini
! At Wyness, but toward the ceiling, and
started 10 back Jack toward the door. At
the same time Counihan said to me; You
are with him. 1 said, Yes and he
struck at me. 1t was during the time he
was trying 10 whip me that the shot was
fired. / didn't know who fired the snot
until l caught up with Jack on South
| Broad street. He said, Joe, I'm shot /
asked, FBad?' He said, Yes pretty bad.
| l walked on with him toward Habersham
| street. When we got to the corner De-
tective Godbold stopped US. Jack said,
| Gus, I'm shot Godbold asked who shot
him. He replied, Pat Kearney,' and then
fell down. We then took him over to tho
| barracks"
In answer to questions the witness said:
81 did not see the shooting l was try
| ing to get out of COunihans way. Wy
ness had no fight with Kearney, who just
came in and pulled out his gun He did
! not say whether it was an accident. He
| just said Kearney shot him"
Il did not hear Kearney make any
| threats, said Haflinan. He just said he
/ would not see Counihan get the worst Of
| IL. "Kearney looked as if he had been
! drinking. Wyness was comparatively So
| Der. "
In answer to a question as to what Wy
ness had said about the shooting, the wit
ness said that Mr.. Wyness said he could
not get out and swear that Kearney shot
! him on purpose. He thought it was acct
dental because he did not believe Kearney
would do it on purpose"
Joseph A. Counihan was next called.
He testified as follows:
Il was up town, stopped at a place ana
had three drinks of sherry wine. /
-.
and met Jack Wyness and Tom Monahan.
had drink with them and treated over.
Tom started to go out, but / stopped him,
and insisted on his having a drink, which
he did. Jack and l stopped there quite a
while, an hour or so. l suppose we had
been there an hour when Pat Kearney,
Smith and Frank Gaffney came in, and
we all had drinks together. 1 then went
over to Ingraham's jewellery store. In
few minutes Jack followed me. l met Ed
die Willink and introduced him and Jack
and started back to Cottingham's. He
said to me that Gaffney had offered to
bet him 500 that he had bull dog that
could lick 'Prim,' his dog. l asked him
if he had the money and went halves
with him, giving him so. We went to
the barroom, but Gaffney had left and
Jack returned me my $40. Kearney and
Smith were still in the bar. Policeman
Bradley came in, in citizens clothes and
to Kearney about his overcoat fitting me.
Somebody put the coat on me and Jack
and l put on Jersey gloves and boxed
After that we went out TO-
gether. When we got on South
Broad, near Lincoln, street rain
commenced to come down pretty hard.
We ran down to Taylor's, and met
party in there I don't know his name,
but asked him to join US in drink and
he did so. There were Wyness, myself
the other man and the barkeeper. We
must have been there an hour and a half
or two hours, drinking right along when
Mr.. Hallinan came in. 1t seems that Jack
and had a few words He had off his
coat, and l had off my coat. He or
said we were too good friends to fight, and
it wound up in a drink, so 1 was told.
There were no blows passed Kearney
and Smith came in later. Kearney asked
me what was the matter. l replied that
Wyness was trying to give me the worst
Of it. Kearney said he was a friend of
mine and wouldn't see anyone give me the
worst Of 1t. Jack made some remark
about being as good friend of mine as
Kearney was. There was some argument
and Mr. Mailman and l got to arguing
l don't remember that, but l was told So
l did not see Kearney and Wyness go out
side Hallinan and l had some words,
he said, but l don't remember II. Several
Huns were passed. may nave
the shooting that night, but / don't re-
member. ! don't remember even hearing
a shot. Wyness was inside the barracks
when 1 got there.
Il don't know what Jack and 1 had
words about, "said Counihan." l don't
remember taking a drink with Mailman
or taking off my coat, and did not see a
pistol in the hands of Kearney or hear the
shot l was very drunk. l never knew
| Wyness to carry a pistol, and 1 did not
| have one"
Counihan said that Kearney appeared to
! have been drinking when he came lin 10
Cottingham's. He could not say as to his
condition when ne came into Taylor
/ place.
/ Detective Godbold was the next witness.
/ He said 1t was about $50 O'Clock Monday
night when he heard the report of a PTS
/ toll shot He and Detective Scully were
/ in the chiefs office. They ran out, Scully
! going east on the south side of South
! Broad street. He started across to &c
4 down the other side. Before he got across
the street he saw two men come running.
He thought they were the two men who
had fired the shot. 1t was
raining at the time. He met the
men at the letter box on the opposite
corner. One was about ten feet anead
of the other. He did not recognize either
/ one at the time, but caught the first one
by the arm. 1t was Mr.. Halinan He
was badly excited, and did not speak. lie
caught hold of Mr.. Wyness with The other
hand, and said Gus, is that you" / re-
piled, Eyes, what's the matter, Jack?'
He replied, I'm shot" l asked who shot
MIN, and he replied Kearney. 1 Their
asked which Kearney, and his reply was
pat Kearney. the policeman" At thi.
he tainted. Detective Scully came up ant
they carried Wyness to the barracks
Then he and Scully went back to Price
street There they found Kearney Cou
nhan and James Smith in a room uI
stairs over Taylor's bar. All seemed K
be under the influence of liquor. Count
han was very drunk. They arrested
Kearney and Counihan, and brought then
to the barracks Counihan asserted a
the barracks that he did the shooting
Kearney was under the influence OF liquor
but was not drunk.
Policeman James Smith testified tina
he and Kearney were coming from
James Lanes place, and starte,
over to have something to ca,
and found Counihan and Wyness In Tay
lors place. Joe said to us, I'm gettin
the worst Of this thing, old boy. Kear
ney said. You won't get the worst OF
while | am with Won" WVness aud X car