The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-12-22
TO ANSWER FOR MURDER.
SOLICITOR AND MAGISTRATES
MAKE GAME OF KEARNEX.


and Hearing to BE Had Before
Judge FaIligant This Morning.
Solicitor General Fraser and bench OF
magistrates played a dodge game with
each other yesterday. The pawn was Pat
Kearney, who is charged with shooting
John W. Wyness.
As announced in the Morning News,
T. S. Morgan, Esq, Kearney's az.
torney, demanded a preliminary hearing
before a bench of magistrates for his ell
ent, to which, under the law, he was enti-
tied. Magistrates Richard Wickham OF
the First district. Charles Collman of the
Second district and Samuel Reynolds OF
the Third district were selected TO conduct
the investigation.
An effort was made to have the
hearing Saturday, but solicitor Gen
eral Fraser insisted on a postponement
until January. his term being nearly closed
and he NOT desiring TO undertake any new
litigation of this character The magis-
trates declined 10 grant the request, and
fixed the hearing for yesterday morning at
10 o'clock. Mr.. Fraser notified them that
on account OF other engagements II would
be impossible for him TO attend the hear
ing at that time. He also informed JUS
tice Reynolds that he had summoned the
grand jury to meet at 10 o'clock to con-
slider Kearney's case.
When the solicitor general reached his
Office a few minutes before O'Clock, he
found a notice on the floor from Mr.. Nor
gan, announcing that the time for the
hearing had been changed from 10 O'Clock
to o o'clock. This change might have been
made for Mr.. Frasers convenience as the
ofq 4 rat informed
grand jury would meet at 10 O'Clock, Wnlch
would prevent Mr.. Fraser appearing be-
fore them at that hour. Mr.. fraser Iall-
ed 70 avail himself OF this consideration,
however, and the hearing proceeded with
About o'clock MIR. Fraser received
request from the magistrates that ne give
an order on Sheriff Roman to allow Kear-
ney TO be taken before them, in order
that he might make statement IN ms
own behalf. To this Mr.. Fraser replied
that as il was impossible for him TO at
tend the hearing, as he had stated on
Saturday would be the case, on account
of other engagements, he had concludeu
to bring the case before the grand jury
at 10 o'clock, which would relieve them OF
the burden OF passing on It, and also Nun
said, would make it unnecessary TO give
an order for kearney.
A little before 10 o'clock Mr.. Fraser was
notified that the preliminary hearing be,
fore the bench OF magistrates had resulted
in decision that the shooting OF Wyness
by Kearney was accidental and that an
order had been received by Sheriff Roman
for Kearneys discharge. There was
conference between Sheriff Roman and Mr..
Fraser, as the result of which the sheriff
put the order for Kearneys release in his
pocket, until he should have occasion to
go to the Jail probably. A little later, how
ever, Solicitor General Fraser handed him
a bench warrant for Kearneys arrest on
the charge of murder, as the result of the
finding of the grand jury. He put this in his
pocket, too, alongside of the order for
Kearneys release.
The evidence before the magistrates all
tended to show that the shooting was ac-
cidental. AS there was no one present to
represent the state, however, it is likely
that other evidence bearing on the case
will be produced at Kearney's trial in sup
port of the states theory Of murder.
The strongest evidence in support of
the accident theory was the testimony
of George Coleman, whose affidavit on this
line was referred to several days ago in
the Morning News. Coleman testified
that on the night of the shooting he
stepped into Taylor's saloon, at South
Broad and Price streets, to look for a
friend, whom he called Mac" He did
not find Mac" there and left word that
il he should come in for the barkeeper
TO send him around to James Lanes place.
He said that he saw q crowd in there sky
larking, Wyness, Counihaa kearney and
others. Kearney had his pistol I'm his left
hand and was fiourishing it recklessly.
lie walked out of the saloon, and the
crowd came out at the same time and
put that thing up alluding to the pls-
tol, which kearney still held in his hand.
Kearney was a friend of his, he said, so
he ran up to him, caught him by the
shoulder and jerked him around. At that
moment the pistol went off. Counihan and
Kearney walked on towards Habersham
street, while he went in another direc-
tion. He did not know that Wyness was
shot until some time later.
DIT. h. L. Onveros, resident physician
for the Travellers of Hartford the insur-
"A WVnAgS
accident policy for 5000, testified that he
had a conversation with Wyness at the
hospital, in which Wyness told him the
shooting was accidental.
Mr.: c. A. Drayton testified that Wyness
told him day or two after the shooting
that it was accidental. At later date
Wyness said that he did not know wheth-
er kearney intended 10 shoot him or not
Wyness appeared to wander in his mind
after making this statement.
Coroner Goette testified to a converse ton
which he had with Wyness, in which the
latter said Kearney shot him, but he did
not think he intended to do IL.
j. A. Counihan was also a witness. His
testimony as to the occurrences leading up
TO the affair was the same as that given by
MN nm before the eoroner's jury. AS to the
di1neulty IN the barroom and the shooting
itself, Mr.. Counihan said that he was so
drunk at the time that he remembered
almost nothing about it.
The evidence taken at the coroner's in
quest was furnished to the magistrates
by Coroner Goette for their information.
Inc lHulNB OF lne magistrates was that
the shooting was accidental, and that
kearney be discharged. Nrhe finding also
mentioned that the state had been duly
notified Of the investigation, but failed to
have representative present.
Thwarted in their efforts TO secure
kearneys release through application "a
bench of magistrates. because of the
intervention of the grand jury, his attOr-
neys applied to Judge Falligant i'm the
afternoon for bail for their client
The time was taken up in reading the
court the principal features Of the tes'i.
mony taken before the coroner's Jury, es-
clally those features relating to the i'm.
portant points In the case. The testimo.
ny das read and commented on by Mr.
Morgan whose effort was to show the
shooting was entirely accidental, and that
neither Kearney nor Counihan knew thai
Wyness had been shot until they were
subsequently arrested. The fear thai
kearney would be discharged from IA,
force for firing his pistol on the streets, {,
SAID 10 nave been responsible for the frs
story told that COunihan did the shootins
as we'll as for the fact that Kearney wa,
given cartridge by Detective Godbold h
replace the one that had been fired
The hearing closed when this point wa
reached, Judge Falligant saying the cart
rldge matter appeared TO be a very ugN
feature OF the case. and that he would M,
70 hear Godbold's evidence on that po,n
as well as the defendants sta tpnlenf
These features Of the case Will be fnLen a.,