Cameron County press. [volume] (Emporium, Cameron County, Pa.) 1866-1922, 1900-04-26
THE TRIAL OF ROBERT KANE
For the Killing of Stephen Carey at
Driftwood, January ii, 1900.
Sentenced to Five Years i'm
Penitentiary.

Driftwood, January IL, 1900.
Sentenced to Five Years i'm
Penitentiary.
The trial of Robert Kane for the kill
ing of Stephen Carey was opened on
Monday forenoon before Hon. G. A.
Mayer, President Judge, and the Asso-
ciate Judges, Hons. j. G. Bonham and
John Mcdonald.
and p. r. Cotter, ESQ.,, of Eldred, Pa,
appearing for the Commonwealth, and
George w. Huntley, Jr, Esq, of Drift
wood, for Robert Kane, the defendant.
About an hour was required in the
selecting of jury, the entire panel
being examined before - were secured.
Following are the members of the jury:
Geo. Pepper, Geo. H. Dodge, James
Hobson, Chas. King, N. A. Ostrum,
Owen Freeman, Gillis Bliss, of Shippen
township, w. A. Mason, Gibson town
ship, w. i. Lloyd, Samuel Linthurst,
;. j. Hackett, Emporium and John A.
WYkofT, Grove township.
Mr. Leet opened the case to the jury
and the Commonwealth introduced
testimony to show that Robert Kane,
on January II, 1900, at Driftwood, pur-
chased revolver at the store of. o.
Brookbank & Co., shortly after noon,
and at the Lafayette Hotel on the same
evening, during a conversation be-
tween Stephen Carey, Robert Kane, Ed.
Hennessey, John Mahoney, and Oliver
Hepburn, the defendant shot and kill
ed stephen Carey.
The conversation leading up to the
fatal shot, as related by the witnesses,
was that in the general talk about
working at Johnsonburg, Carey stated
that he could go to that place and get
along, Kane replied that he could go
there and get along as he would fight
his way through. Carey asked Kane
who he could fight, and this brought
the reply that he (Kane) could fight
him Carey or anybody he could fight.
Carey, with the remark ''you can, can
you," crossed the room, toward Kane,
Carey came forward grasped the lap
els Of Kane's coat, when Kane drew
his revolver and Immediately shot
Carey, who died instantly.
The witnesses testified that Carey
appeared to be in a good humor and
took hold of Kane in a joking manner.
Carey was 90 years old and Kane about
II years of age
The defendant claimed the drawing
of the revolver was intended for self
defense il necessary, as Carey was an
gry when advancing toward him, but
that daring the excitement following
the taking hold of Kane by Carey, the
revolver was accidentally discharged.
Kane further stated that Carey had
butted his head into Kane's forehead,
and then drew back and butted his
head into Kane's stomach, and that
then the revolver was accidentally dis
charged, either Jared off or exploded
without any intention on his part to
kill.
A number OF prominent people Of
DriftWoOd and vicinity were called to
prove the good character of Kane and
the Commonwealth attempted to prove
bad character, but did not materially
affect the testimony of the witnesses
for good character
Mr.. Huntley, in an eloquent argu-
ment to the jury, summed up the case
for Robert Kane, finishing about 600
O'Clock Tuesday evening, and Court
adjourned until Wednesday morning,
when Mr. Cotter closed the case for
the Commonwealth in a most able and
eloquent manner.
Judge Mayors charge to the jury in
the review of the evidence and the
clear and able exposition of the law re-
lating to the different degrees of muir
der and manslaughter and that appli
cable to self defense was entirely free
from bias and was eminently fair and
impartial.
The jury retired at II O'Clock We'd
nesday morning, returning at 2 O'Clock
p. m. with verdict of voluntary man.
slaughter. The Judge fixed the sent
ence at five years in tho Western Peni-
tentiary. Court adjourned.