The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-13
KEARNEY SENTENCED FOR LIFE
THE JURY SAYS HE DID MURDER
JACK NSYNESS.

Mercy of the Court saved HIS Neck.
The Verdict a Surprise 10 the De-
Tense, and Notice of a Motion For
a New Trial Givcn-Thc Jury Had
to Contend With Mrs. Wyness'
Statement of Her Husbands Asser-
tfOn That 1t Nns an Accidcnt-Jhc
Other Testimony. However. Made 1t
Look Like Bnd Case From the
start.
AT l1:4O O'Clock last night the jury. be-
fore which Patrick koarney has been on
trial for his life for the murder Of Jack
w. Wyness, pronounced him guilty.
The verdict read: I'VE, the jury, find
the defendant guilty. and recommend him
TO the extreme mercy of the court
When Clerk j. X +. Carr had finished
reading it, he handed the verdict to Judge
Falligant, who asked the jury if it meant
TO recommend that the defendant be inn
prisoned for life The foreman replied
that such was the jurys intention. Judge
FalHgant then directed the prisoner to
stand up, and told him that the jury had
found him guilty, with a recommendation
to the mercy of the court. He thereupon
read TO him the following sentence:
Chatham Superior Court December
Term, 1896 The state VS.. Patrick Kear-
ney.-Murder Verdict. guilty and recon-
mended to the extreme mercy of the
court.
Whereupon it is considered ordered and
adjudged by the court, that you. Patrick
Kearney. be taken hence TO the common
jail of Chatham county by a guard, to
be detailed by the sheriff That you be
there detained until demanded by a guard
from the penetenuary; that you be then
taken to the penitentiary edifce of Geor-
gia, and there, or at such other place as
the governor of this state may from time
TO time, in his discretion appoint, be con-
fined to hard labor, for and during the
space and term of your natural life
r. Fanigant,
Judge S. c. L. J. c. Ga.
Savannah, Ga, Feb. T. 1897
1t is needless to say that the verdict was
a surprise. 1t may be said it almost took
the breath away from the defendant and
his counsel, Mr.. T. S. Morgan. Jr., who
was on his feet as soon as the sentence
had been read, and gave notice at once
that he would file motion for new trial
1t was surprise TO many VINO nave
watched Ghe case. because they thought
Wyness' ante-mortem statement to the
effect that the shooting was an accident
commended by the peace and order loving
people of the community, VINO have become
heartily sick and tired of seeing guilty
parties either so free or getting off with
light sentences. far less than their just
deserts.
The jury will be commended for stand
ing to the full courage of its convictions.
1t had the case under consideration about
an hour and a half, full time to bestow up
on 1t all due deliberauon, and was outside
of all considerations whatever, one of the
best juries that has been selected in the
superior court in long time. IT there
were more juries like II, it is the belief OF
many that there would be less crime IN
the community. The jury was composed
OF Walter S. King, Arthur M. Honour,
Fred Myers, Jr., W. w. Doty, Godln g.
Howard, 7 Arthur Ward, Fred Rohr,
Alex X Wilson, John Il. Behr, 7. c.
Farr Jr., Bernard Tully and James ).
Cooper
The trial opened yesterday morning with
the presentation of the evidence for the de-
Tense Mrs. Wyness was the first and
most important witness that the defense
placed on the stand. She testified that her
husband told her before his death that the
shooting was an accident, and that he dld
not state it merely a belief, but said ne
knew ii was an accident If the jury malt
ed on any point in the evidence this must
have been the point. She was closely
cross-questioned after her evidence had
been objected to and then admitted by
Judge Fallgant, but she was positive in
her assertion that he said it was an acct
dent,
AnOIleF witness on whose evidence the
defense placed great reliance, was Charley
kellar a white man, who stated he saw
the shooting and that when Kearney took
out his pistol, Myness took hold of his
hand, saying: Pat, for Gods sake, put
that thing up" He said some one caught
hold of Kearney, turning him around, and
a that time the pistol went off. He went
considerably into the details of the shoot
ing, describing it as an accident all the
way through.
At the afternoon session of the court,
hnu oil nrle in frfh
ouced a witness, Nancy Goodlet, a color
ed woman with whom kellar had been
living on South Broad street, who tore
his testimony into smithereens. She sta
ted that he was in her room with her
few doors from Taylors bar on the night
of the shooting, and that they were sit
ting by the fire talking when the shot was
fired. They got up and went to the win
dow and she saw two men on the street
u was after that that kellar went out of
the house. kellar, she stated, was a mar
lied man, and left his wife in Charleston
10 come here with her.
John Deas was the only other important
witness the defense introduced, ana prac-
tically all there was in his testimony
was that John Coaker the witness who
Told such straight story the day be-
fore, was not in the bar at the time OF
the shooting. but had gone out with an
order.
In the afternoon the state put up ex,
Policeman Jim Smith, who testified to
several facts in the case, but stated that
the shooting was outside the bar. Smith
denled that he had made any statement
or given any evidence before the bench OF
magistrates, which acquitted Kearney on
the same day that ne was indicted by the
grand jury. Justice Reynolds who was
one Of the bench of magistrates. was
placed on the stand, swore positively
that Smith did testify on that occasion,
and Smiths signature TO his testimony
before the magistrates was produced.
DIT M. l.. Boyd was the last witness put
up by the state in rebuttal. His final
testimony was perhaps amng the most i'm
portant features Of the evidence. He tes-
titled that in Wyness' first statement to
him the deceased told him he got in a
scrap with three fellows and one of them
SHOT him. He did not say which one. He
told him he thought the shooting was ac-
cldental. The last statement Of the de-
ceased TO him was made the morning Of
the day he died, about $3.50 o'clock in the
morning, the last time he attended him
AZ that time Wyness was in a sort Of a
letharglc state. and had to be aroused
Wyness said then he thought IL was an ac-
cident He was considerably exhausted
by talking. His last statement was ~
don't know whether il was an accident or
not"
The bullet, DIR. Boyd said entered first
thc fieshy part of Wyncss' right arm and
then into his body and through the third
rib, through both of his lungs, and passed
between the second and third ribs. lodg-
"A dor Ia. aHnF nv 60