The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-10-20


Knife on Healey.
All the testimony in the Kenny muir
der trial was in at adjourning time
yesterday and the case will probably
go to the jury this afternoon.
Assistant District Attorney Thomas
stated at the close of the day that he
would press for first degree verdict,
presenting the theory that Kenny
nursed his wrath until he encountered
Healey on the dark and lonesome gray
ity track and there with no one to bear
witness to the deed, proceeded to carry
out threat he had made in Curran's
saloon to cut Healey's heart out.
Mr. Murphy. who will close for the
defense. will confine himself almost
solely to an exposition of the theory of
self defense; dwelling particularly
upon HealeY's repeated assaults, un.
provoked and unresented by Kenny
the retreat of Kenny and his most re-
markable self-restraint, which kept
him from making a return of the at
tacks until he was forced in order to
preserve his own life to strike back.
In only one particular has there been
direct conflict of testimony and this
contradiction developed from the evi-
dence presented by County Detective
Leyshon through himself and Witness
es whom he secured on the question Of
flight.
MR.. LEYSHON'S TESTIMONY.
Mr.. Leyshon gave testimony tending
to show that Kenny's return and sur
render was not wholly voluntary but
rather that he only came back when
he learned that officers had been to his
| father-in-laW's house in johannesburg
| looking for him and that his capture
| was inevitable One of Mr.. Leyshon's $
statements was to the effect that Con-
| stable McHale, Of Archibald, came to
him and said he had received a letter
| from Kenny bidding him ask the coun-
| ty detective if he would be easy on
| hmi if he gave himself up. To this
Mr.. Leyshon told McHale to reply that
| he would make no promises of what he
| would do.
| Michael Craig, now n resident Of
| Pittston avenue, next testified that he
| met Kenny the night of the killing, as
the latter was taking the car at Arch
bald, and that Kenny told him he had
stabbed Healey and was going down
| to Prceburg to lay low until the
trouble blew over.
| Mrs. Bridget Murphy Swore that she
was with Kcnny's sisters when Kenny
came along after having committed the
deed and that he told them he had
stabbed Healey and was going to fee.
| Kenny, upon taking the stand in
the afternoon denied having seen Craig
or Miss Murphy and was corrororated
in this latter regard by his sisters, and
| in relation to his return he positively
stated that he had no communication
whatever with McIIale or Leyshon and
that as far as he knew no officers had
been looking for him at his father-in-
| laws house. In refuting Il statement
of the county detective that ne had re-
turned by the Ontario and Western
on pass sent him by Mr.. Leyshon
! Kenny stated that he came back via
the Lehigh Valley and Delaware and
Hudson roads and gave minute details
of his trip.
KENNY'S STORY.
Kenny's story Of the affair in the sa.
loon and the incidents up to the time he
started up the track after the assault
on the crossing did not differ ma.
terially from the story of the common.
wealth's witnesses. As to his drawing
a knife in Curran's saloon and making
a threat against Healey he was moi
clear He might nave had his knife
in his hand but he did not use it il
any threatenin" manner.
When he started up the track, aftel
the assault at the crossing, he was no,
aware that Healey was following him
believing that Fitzpatrick had sue
ceeded in pacifying him. He had pro
ceeded about two hundred feet, walk
ing briskly, when he felt a hand grail
his collar from behind and the mex
instant he was thrown heavily to tn,
ground. He fell with his back acros!
the easterly rail, his head strikin,
outside the track. Healey was upol
him in "A twinkling and clutched hin
about the throat with one hand Will,
with the other he inflicted upon hin
mean and brutal punishment. Now
I've got YOU, You - -
said Healey tightening his grip anc
humping kennys head against tn
ground. Kenny felt himself suffocat
inging, and fearing he would be cholieC
To death and suffering awful agon,
from the punishment Healey was in
1iicting he drew his knife from hi
trousers pocket with his left hand
opened the blade with his right an,
jabbed at Healey's hands to make hin
release his hold
CRAWLED TO HIS FEET.
Healey got up and Kenny crawled [
his feet and started off. Healey calle
after him, IF I'm cut you won't slea
tonight" Kenny fearing to stay in h
own house, in consequence of Healey
threat left, after changing his clothe
and came TO Scranton, leaving wor
for his wife to join him in this cit
Monday, when they would proceed
Johannesburg, as they had previousl
arranged. He stayed at the home ,
his aunt Mrs. John Gurrie, on the Dia
mOnd flats. over Sunday and on Nor
day, i'm company with his wife, wer
! to Johannesburg on the Q a. M Delf
ware, Lackawanna and Western trail
The first he heard of Healey's deaf
was through a letter from his parent
received two days after Healey die
He had no money but as soon as h
father sent him s. in response to h
: request, he came on To Archibald an
gave himself up to Squire Gildea. TT
squire turned him over to Constab
McHale, who took him to the count