The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1904-05-26
WAS MANSLAUCHTER
The Jury Finds Kenney and McComb
Guilty.
FOR THE KILLING OF MCCARTHY
Pratt Murder Case was Tried in Court Mon
day and Tuesday, the Result Being
aVepdict Guilty of Manslaughter
in the Third Degree.


McComb charged with the murder
of Thomas McCarty at Pratt or
March 26th, was taken up for tria
Monday morning in the circuit
court, and went to the jury Tuesday
afternoon. After being out al
night the jury returned a verdict
yesterday morning of guilty of man
slaughter in the third degree. This
will mean sentence of from two tt
four years for each of the prisoners.
The jury in the case was drawn last
week, and consisted of George
Hogan, Joseph Anderson, James
Morrison, George Beams, August
Bluhm, Arthur Abel, James Cav
anaugh. VIM. Schoppe, Peter Jen-
sen, Gilbert Olson, Harry Fuller
and 2 j. Peterson.
District Attorney Mcleod prose.
cuted the case and placed the follow
ing witnesses on the stand: Robert
Scott, bartender of the saloon where
the shooting occurred. Charles Stone
Frank Taylor, DR.. G. G. Devine,
James Mclaughlin, James Book,
Walter Doner, John McWiliam, Her
bert Welton. The defendants took
the stard in their own behalf, and
the state on rebuttal recalled sever
al OF their witnesses, and besides
placed Daniel Campbell and Ewing
McBeath on the stand.
The state by their evidence show
ed that the affair took place in the
saloon owned by Mrs. Hogan near
the Pratt depot, that Robert Scott
was in charge of the place and was
bartender, and that the man who
was killed, was between fifty and
aud sixty years of age, and had a
family living near Pratt. It seems
that Kenney and Frank Taylor were
the two principal parties to the row
which started in the afternoon, and
that their differences were the re-
suit of an old fued. Two years ago
the two men had fight, and Ken
ney at that ii me threa tened to
shoot Taylor, and when the met
came together March 26th Kenney
went to a neighbours house and bor-
rowed revolver. Kenney ard Nc
Como were together the greater
part of the day and evening, Nc
Comb evidently being engaged in
egging Kenney on for row.
Finally McComb and Taylor get
into a row over a glass of beer and
blows were exchanged. Kenne y
threatened to shoot Taylor and Nc
Comb urged him to do it. The bar
tender Scott tried to make peace.
and Kenney told him that if he did
not keep his hands off that he would
be done up. McComb and Taylor
came together, Kenney pulled the
revolver with the .eviden in ten ton
of shooting Taylor, but the latter
pushed it aside and it was dis
charged, the bullet striking Nc
Carly, who was peaceable bystand-
err, and he died the next day.
The defense was that Taylor had
knocked Kenney down, that Nc
Carly had interceded, and that Tay-
lor was going to whip both Kenney
and Scott, the bartender. Kenney
claims to have been acting in self
defense and his testimony was that
when he fell to the floor he had the
revolver in his hand, that Taylor
was over him, and that the revolver
was accidentally discharged, result
ing in the death of mccarthy. An
attempt was also made to fasten the
blame for the killing upon the bar
tender Scott. This was brought out
by the evidence OF McComb VINO
says three shots were fired by
Scott
Judge Parish in his charge in
structed the jury as to what their
verdict should be in case they found
the defendants guilty, naming sew
eral offienses, the principal ond of
which was murder, and varying to
that of manslaughter in the third
degree. The latter verdict was the
one returned by the jury, after they
had been out all night.
The prisoners will get from two
to four years each in the state S
prison.