The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-12-08
KEARNEY HELD FOR MURDER
continued from eighth Page.)

r1sded. and turned the weapon over to the
sergeant He would consider Kearney
jrnnk. He has known him long time and
never knew him to stagger.
Mr. Charles A. Drayton was then sworn.
aAbout the fuss, know nothing" he said
81 was a friend of Jack Wyness'. On
Wednesday, Dec. 2, I was sent for by his
wife Seeing his condition and she being
afraid of his dying and alone in a strange
civ having but a few friends, and con-
sjdering me one of her husbands most in
innate friends, called upon me to take
before daylight they telephoned me to call
mon him l went Immediately to the hos
njtal. saw Jack and said:
"Do you know me, Jack?"
He said: Eyes, you are Mr.. Drayton."
"Do YOU know who shot you, Jack?'
Eyes, Kearney.
"0nat Kearney?"
~Iack Kearney" Mr.. Drayton was pos
N dive that Mr. Wyness said Jack" Kear-
His face becoming very serious 1 said
rothng more to him that day. On Thurs
5ay he appeared to be much improved,
in fact so much so that DR.. Boyd said he
would live. l again asked him if he knew
rbo shot him. He said, Eyes, Kearney,
a dent" Yesterday afternoon he SEEM
IN be worse. Dr. Boyd and myself
"a Questioned him as to the fuss
He stated that Counihan and himself were
about 10 have a friendly match, when
Kearney came in, forced him into the
street and shot him. We then asked him
v-hat became of Kearney. He said he did
not know, he had to look out for himself.
We then asked if Kearney shot him on
81 nurDose He replied II don't know,
"a can't say" His mind began to wander
II then.
Wednesday morning before daylight, Po-
licenan Frank Smith approached me, say
n ing that he was a friend of Jack Wyness
r. 2nd that he would tell the truth in refer
ence 10 this case if he lost his job by do
b ing so. He said that Kearney was allow
ed TO 90 to his quarters before giving up
IA his pistol; that Kearney told the chief 81
shot Wvness;" that the chief took him by
the shoulder and said "get out, we don't
want TO hear from you" and that there
was Jew on the police force, who knew
as much about 1t as he, Smith did, and SAID
A. I lost my Job I'll be damned if he doesn't
100. Now if you want my testimony, call
an me and you will get the truth of the
thing" he said.
Mr.. Drayton's testimony as to the state
ment made to him by Policeman Frank
smith, was something of a sensation, as
tending to show collision on the part Of
the chief of police in Kearney's behalf.
Policeman Frank ]. Smith's testimony
following was something of a surprise
Smith was called and sworn. He testi-
fed as follows: "All know is that 1 was
in quarters that night, and heard the
shooting. l heard loud talking and heard
the sergeant call for a man. put on my
clothes and went down stars
The sergeant sent me for DR..
Brunner got some blankets and pillow
and put Wyness on the stretcher and
helped put him in the ambulance and carry
him TO the hospital. Wyness was lying on
the floor in the sergeants office when /
first saw him. / saw Counihan in the office
when l went in, but did not see Kearney
at all. 1 did not know that night that
Kearney had been arrested for any Of
Tense, ] did not make a statement to a
m citizen about Kearney's arrest. 1 had
y known Wyness two or three years, but
was not a particular friend of his
Smith said he did not know any one
on the force who knew anything more
about the affair than himself, and had
never said so. He did not know anything
about Kearney being allowed to go to
quarters before delivering his pistol and
had never said so.
Chief McDermott who had got wind
OF Smiths testimony, was very anxious to
be called before the jury. The jury was
about to close the evidence, but called in
the chief. His testimony did not throw
"
IN his office with Detectives Scully and
Godbod when they heard pistol shot
anu told the detectives to run out and
see what it was. In a few minutes a boy
came and SAID Detective Godbold wanted
MN across the street Immediately He
went ana met Godbold, Scully and Mr.
mailman carrying Mr.. Wyness. He asked
who shot him, and Mr.. Mailman replied,
raj hearney, the policeman. Wyness
was taken into the sergeant's office. The
SiHeI tod Sergt. Killourhy to send for a
uoctor and the sergeant ran up stairs
snl got Policeman Frank Smith to go
LII Dr. Drummer. He ordered
I5 detectives Immediately to go
anu arrest Kearney. In few
minutes Detective Scully came in with
Aearney lie was then leaning over wy
Aess When Kearney was brought in and
me net Scully and Kearney at the door.
9cuify was between him and Kearney.
neafney ran his hand in his pocket, took
tul ms pistol and handed it to him. He
I'm the pistol and broke the cylinder.
Nedrhey said, Chief, it's loaded" He
examined it and found five bullets in it
I1 handed it to Detective Scully, and
aN' examine this pistol Scully ex-
ili1eu IL and said there were five bullets
81 IT, ne added, "Scully, keep that pistol
~ you can bring it into court. Take Kear-
s !,-, uo"n TO the station house."
OS sldFleu down OF the Stoop,' said
He cnlef, when Detective Godbold, with
ounlhan, came in. Counihan was very
unK, lie ran in the door and made the
mark l shot him., and got to cursing
Wy lively. / caught him by the shoulder
nu showed him and said, Joe, go on
sN' He then shook hands with me
T mn SAID, Chief, III do anything you say
lucy We're then carried down and locked
y IN the station house. DIR. Drummer ar
su Just about the time Counihan came
hearney was under the influence of
t'of and both men were arrested within
VA minutes after the shooting. Police
an smith was not there when Kearney
9 brought in, but might have seen him
ei Policemen are permitted to carry
ua cartridges, and the mounted men
instructed to do so. In answer to
sgsuon the chief said he could not state
A.s own knowledge, but he was salts
mat kearney was not permitted to go
~ guafters before delivering his pistol"
He Jury was about to close up the evil
e when Chief McDermott informed
h mat It was Detective Godbold VINO
n.Shed Kearney the cartridge to re-
~ me one he had fired.
nIDe'ectve Godbold was called, and al
''lttd the fact He tegti6nd that ne