The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-10
NAY BE HANGED.
Continued From FIRST Page.)

they clinched and went down, Leach on
top. Then Riley said, Take him off,
he's cutting me- I pulled Leach off and
persuaded him to put his knife up. I
station and 1 would come up with
Leach. When 1 got up there I told the
hack driver to wait for me while went
back to get my hat, which I had lost.
After that we drove back to the fort
without Leach. I told Riley he had
better sleep in my bunk instead of his
own, which was next to Leach'S. as
I was afraid if Leach saw him when he
got home the trouble would be renewed
and both of them would get into the
guard house Riley got into my bunk
and slept in one next to him.
The next think knew I was awak-
ened by Riley falling over on to me.
He was hurt and some one took him
down to the dispensary. When 1 got
up in the morning my clothes were all
bloody where Riley had fallen on me-"
YANAK CROSS EXAMINED.
On REORGANIZATION, Sergeant Va
max said that Leach was crying when
he first got into a fight with Riley, that
after he, Yanak, pulled Leach off of
Riley, the prisoner got a rock and held
it out to Riley, telling him to smash
Leach in the head with it, but that
Riley refused to take it. Yanak also
said that Leach was pretty badly beat
en- up when he saw him the next day,
but he knew nothing personally about
the fight between F'ennell, Riley and
Leach, as it occurred While he had
gone after his hat
Were you under the influence of IL
quor at the time?" asked Judge Hook
I'VE had all been drinking, but we
were able to carry it all right?" said
the witness.
Was Leach intoxicated?"
"He wasn't any more than I was,
and don't think I was intoxicated"
How much liquor was consumed?"
I'll I'd ha mt
We'll, we had two quarts of whisky
which we four drank, and then had a
half pint besides
RILEY TESTIFIES.
John Riley, the private with whom
Leach had his first trouble. told prac-
tically the same story as Yana.k. Since
the commission of the crime, Riley has
served in the Philippines, and is now
stationed at the Preside in San Fran
cisco. The traditional map of Ireland
is visible on his face, and in addition
the scar left by the blow from Leach'S
ball bat.
On cross-examination he said he first
met Leach at Fort Adams. Rhode Is
land, where Battery B, Fourth artillery,
was stationed up to October, 80. Leach
enlisted the year before. When they
were coming west they were met at
Baltimore by Leach's friends and
Leach introduced the witness as his
particular chum. They continued to be
chums up to the time of their fight,
and the witness made chicken broth
for Leach when he had cramps in his
stomach. Leach was deliriOus some
times when he had spells. Leach also
talked wild at the time Of the fight.
James H. Queeney, the fourth one
of the quartette, which went to june
ton City together the night of NOVem-
Der 26, was the next witness. He told
the same story as the others up to the
time that Leach reached the fort
The first thing I knew then" said
the witness, Il was awakened by the
cry of murder. The first person 1 saw
was Corporal Fennen. He raised up on
his elbow and his head was all blood.
I asked him what was the Jnatter. He
said, Leach has killed me- Sergeant
McDermott called me down where he
was trying to get Leach. Leach was
keeping him off by swinging the ball
bat Finally Sergeant McDermott
jumped and grabbed him and got him
down on a bunk and several others
closed around. Corporal Mcbride and L
wrapped Fennel up and took him to the
dispensary."
When speaking of a joint, Sergeant
Queeney used the old-fashioned term,
rum shop
SAN JUAN VETERAN TESTIFIES.
Corporal NcKinsey, who is now sta
toned at Fort Adams, Rhode Island,
was the next witness. McKinSey is a
veteran of San Juan Hill, and his bat
terry, was in the hottest of the fight.
On the evening of the trouble in juno
ton City, Corporal McKinSey was the
companion of Corporal Fennell, the
murdered man. His testimony bore
largely on the trouble of Fennell,
Leach and Riley in front of HaddanS
saloon.
when Riley came in the saloon Fen
nell asked him what was the matter
He said Leach had cut him. FennelI
started out to find Leach, and 1 went
out after him. Fennen said: What do
you mean by cutting your best friend
that way?' Leach said nothing, but
made a slash at Fennen, and 1 saw
something bright flash in his hand
Fennell struck Leach and they both
fell. Then Fennel got up and said to
Riley who had come up. There he is
now, Riley, without any weapons. Fin
ish him up Riley jumped on him and
pounded him. Finally Leach got up
and ran in the saloon, with Riley after
him, but the bar-keeper would not let
Riley come in"
not as explicit as Captain Waters wish
ed on some points, explaining what &C.
| Cured over two years ago and he could
not recall all the minute details.
''Well, that was the biggest fight you
ever saw, wasn't it?" asked Captain
Waters.
"One of the biggest" said Corporal
McKinsey.
LAS a matter of fact, it was the big
gest battle you ever witnessed, wasn't
it?'
mo. SIR" sharply replied the witness
A spectator said in a loud whisper,
HE was at San JUAN" and the people
smiled.