The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-12
STATES EVIDENCE ALL IN.
TzfE ATTEMPTED BRIBERY OF 4
WITNESS CHARGED.


and Said Some of the Statements
in His AFFIDAVIT Were ChanEed-No
Element of Accident Has Yet APP
peared-COurt Ruled out Any BE-
lief Wyness May Have Expressed
About the ShOOtinE-The state
Shows the shooting Was Inside the
Har.
The LAWYERS who are conducting Patrick
Kearney's defense have a hard days work
before them to-day. They have got to
break down some strong evidence put
up by the state. stronger than was an
ticipated. and evidence in which there has
hardly appeared even the suggestion of
accidental shooting, and no testimony
whatever bearing upon that point, the ex-
pected plea of the defense.
Keaney is under Indictment for the
murder of j. w. Wyness who was the rep
resentative and agent here of the Schwarz-
child and Sulsberger Beef Company.
While Wyness, Joe Counihan and Joseph
Mailman were In the barroom at the north
west corner of Price and South Broad
streets on the night of Nov. 30, engaged
in a little dispute, the result, perhaps, Of
too many drinks, Kearney entered with
ex-Policeman Jim Smith. Some words en-
sued, there was further difficulty, Kear-
ney drew his pistol and Wyness was shot
in the barroom, according to the state
evidence, but whether on the outside or
the inside of the barroom remains to be
fully demonstrated after all Of the testi-
mony is introduced
II took about an hour and a half to get
a jury. Five panels were called, and out
of the sixty jurors presented twenty-five
went off for cause, the defendant struck
nineteen and the state struck six. The
jury selected is composed of Walter ).
King Arthur NJ Honour, Fred Myers,
Jr., W. w. Doty Godin @. Howard l.
Arthur Ward, Fred Rohr, Alex X. wilson,
John II. Behr, T. c. Farr. Jr, Bernard
July and James S. Cooper ,,,..-
DIR. M l.. Boyd, who attended Wyness,
was the first witness introduced by the
state. He testified as to the wound which,
he stated resulted IN pneumonia, from
which Wyness died. Joseph Hallinan was
the next witness placed on the stand. lie
was present at the time and gave an ac-
count Of the difficulty which preceded the
shooting. Wyness and Counihan were UNI
der the influence of liquor and had some
dispute about their respective merits as
boxers, which ended in their taking a
drink Shortly afterward kearney ana
eX-Poiiceman Smith came in, and kearney
asked Counihan what was the matter.
COunihan replied that Wyness was trying
made some remark to Wyness telling him
to let Joe alone, al the same time draw
ing his pistol Hailinan was engaged in
some little dispute with COunihan when
the shot was fired, while Wyness was try
ing to make mis- way out of the bar
In reply to question from Attorney L.
s. Morgan, Jr., representing kearney,
Mailman gave this answer:
He (Wyness) said IL must have been ac-
cidental because he didn't think Pat would
do il on purpose
Solicitor General Osborne objected to the
Introduction of this testimony for several
reasons, and after stating his reasons, the
court took recess shortly after ! O'Clock
10 give the attorneys for the defense an
opportunity to look up some authority on
the point in question.
When the trial was resumed in the after
noon Mr.. Morgan presented several au>
thorities upon the right of the defense 10
submit in evidence statements of the de-
ceased as to the shooting. Judge Falli-
giant, however, ruled the question and the
evidence out on the ground that it was
merely the matter of an opinion on the
part Of Wyness. on several other occa-
sions Mr.. Morgan asked questions with
regard to statements alleged TO have been
made by Wyness with regard to the
shooting, but the witness was instructed
not to answer them.
Perhaps the most important witness put
up by the state was the negro servant at
titled that he was standing in the door OF
the bar when the difficulty occurred Wy
ness and COunihan had some dispute about
their respective qualities as boxers, ana
were apparently seeking to demonstrate
their respective claims. Wyness, Coal1er
said, told Counihan he was a friend of his
and did not want 10 hit him. Durine
the dispute both pulled OFF their coats
Counihan throwing his on the floor. wy
ness placed his coat on the counter. Cou.
nlhan put his, coat back on, but during
the dispute pulled il off two or three times,
always throwing 1t on the floor.
'hearney and Smith entered the bar to-
gether, and Kearney asked Counihan
fprfn bar
piled to the effect that Wyness was try
ing ,bsr to give p him the worst Of it, Kearney
you hit Joe. Jack, I'll xiii You" on the
cross-examination, Mr.. Morgan tried 10
break the witness down, especially on this
remark, but Coaker stuck to his story
At the same time Kearney drew his pis-
toll and pointed il at Wyness face, and
while holding his pistol in his right hand
he struck him with his left hand. Coaker
says Wyness then backed off, and i'm some
manner was either thrown or fell on the
noor AS Wyness jumped up and started
to run out the door the shot was fired
Coaker did not see what happened after
that as he got out of the way too
In a conversation with man, who after
ward employed him, Coaker said the party
In question told him that now Wyness was
dead he might be able to make a good
thing out of 1t from the other side Coax
er told him he intended to tell all he knew
about the matter If called on as Wyness
did not have any friends to stand up for
him.
All through the cross-examination Mr.
Morgan held a copy of a statement made
by the witnesses in the presence of wit
nesses, and several of Coaker's statements
on the stand We're at variance with what
appeared in this statement. Coaker stat
ed plainly that he had not made certain
statements. which appeared on the paper
In question, and he charged Attorney T.
l.. Hill, who also appears for the defense
with having changed what he actually
said.
Before Coaker left the stand Solicitor
Osborne asked him If he had not been Of
fered a bride of $50 to testify i'm behalf
of the defense. Coaker replied that he had
but at this point Mr.. Morgan objected to
this evidence, and as Me-. Osborne did not
press the matter, the court did not rule
on g.
Detective G. s. Godbold testified to hav-
Ing heard the shot and going out to in
vestigaie II. After finding Wyness ana
Mailman, he went back TO the barroom
after Kearney Smith and Counihan, and
arrested them, taking them 10 the bar
racks. He found the three of them in the
room over the bar Kearney asked him If
he had an extra cartridge. He said he
had and gave him one. He did not know
what kearney did with IL. but supposed
from that that he had done the shooting
and wanted cartridge for the purpose of
preventing II being known that he had
fired his pistol on the streets, which would
have resulted i'm his discharge from lie