New-York tribune., 1910-06-05
REOPENS DEEP MYSTERY
Burton w. Gibson Sues Coroner
and Former Coroner.
LAWYER HELD A FEW DAYS
Alleges Schwanneoke and Nc
Donald Acted Maliciously IN
Kinnan Murder Inquiry.

The death OF Mrs. Alice D. knnan on
June 8, 1906 at the home OF her mother,
Mrs. Louisa NJ. Stenton. at Washington
! avenue and 1S9th street, which has re-
| rnained one of the unsolved murder mys-
| teries of New York. is again brought to
mind by suits which Burton w Gibson has
| brought against Coroner Albert F. Schwan-
necke and former Coroner Robert 3. Nc
Donald OF The Bronx for 100000 damages
| for his arrest and two days imprisonment
during the investigation Of the murder.
Gibson was counsel for Mrs. Stenton- He
says that his arrest was wrongful and ma
| Iicious, causing him shock in body and
mind. the humiliation Of publicity. and In
| tured his business permanently He was
discharged from custody on habeas corpus
proceedings.
The existence of the suits became known
Yesterday through a decision of the Appel
late Division of the Supreme Court in the
case. In their identical answers the de-
PENDANTS set up an individual defence
based on the circumstances Of the murder
and the testimony adduced during the in
vestigation. On the motion of Gtbson's
counsel. Justice Fitzgerald eliminated this
defence as scandalous and redundant The
ApuelIats Division now unanimously de-
cides that 1t may be included in the answer
of the defendants. reversing Justice Fftz-
gerald.
Part of Defence Eliminated.
The answer Of Former Coroner Mcdonald
and Coroner Schwannecke included these
particulars Of the murder, which the lower
court ordered stricken out. and which the
higher court says must go in as part or
the defence:
'HThe defendant summoned jury to In
ouire into the cause Of the death Of Alice
c. D. Kinnan, and from the evidence taken
during said iuquisition and from all the
information laid before the defendant as
such coroner. in the exercise OF his Impair
tiaI Judgment, that there was prooaoIe
cause to believe that the plaint1h IN TINS
action was chargeable with the killing OF
the said Alice c. D. KInnan, and the said
Burton ". Gibson being present before tne
said defendant as coroner, his attendance
having Heretofore being duly compelled
was duly arralgned and committed TO
await the result Of the coroneTs tnqu1siuon.
And, furthermore, from the recommenda-
ton Of the said coroner's jury that the
said Burton ". Gibson be held for the
grand jury in connection with the killing
of the said Alice c. D. Kinnan, and he was
held by the defendant as such coroner to
answer for the killing Of the said Alice {.
D. Kinnan."
Mcdonald says he acted without any
malice or i'll will toward the plaintiff. After
citing that Mrs Kinnan was killed at about
O'Clock at night. and was forty-ive years
old. the former coroner continues:
Happenings Previous 70 Murder.
Mrs. Kinnan had resided many years Al
the place where she was killed, a large
frame house. surrounded by shrubbery and
trees. and at night time was a dark and
lonely spot Her mother. a woman of
seventy-five years at the time Of the kill
ing and for some time previous thereto,
was Of peculiar habits and OF weak in
teIlect- Alice Q. D. Kinnan had worked
| for reputable physicians in the netghbor-
hood as d trained nurse. but for year
previous had devoted all care TO her
| mother"
This estate. owned by Mrs. Stenton, con-
sisted Of twenty-five city lots, and Nc
! Donald says that she made a deed convey
| ing tTvo-ffths interest in it to Gibson and
another lawyer who had appeared on be
half OF the woman in legal proceedings and
/ in payment OF his services; that other
counsel whom Mrs. Kinnan had induced
/ her mother TO employ had told the daugh-
ter that in the event Of the death of her
mother she would be in position to take up
/ legal proceedings to regain the property.
THAT on the 7th day Of June, 1906, the
day before the said Mrs. Kinnan was
killed, the said Burton W. Gibson called at
! her residence twice. once in the forenoon
and once at night, and that he went there
for the purpose OF informing her and her
mother that he had sold the place for $50
600: that he had accepted this offer. and
that she must not show the premises TO
anybody else for the purpose of selling
! them. That on the night before Mrs. Kin
nan was killed 1t was testified at the Cor
oner's jury by Mary Scippc and Michael
Scippo, her husband, who occupied the
basement Of the said dwelling occupied by
Mrs. Steuton and her daughter, that dur
ing the whole night loud and violent argU-
ments were going on in the rooms of Mrs
| Stenton and her daughter, in which d
/ mans voice commingled with the women's,
and that there was almost constant stamp
/ ing Of feet up and down the floor
Dying Woman's Last Words.
THAT on the following morning Cthe
morning on which the contract for the sale
Of the premises for $4,000 was finally
signed. and the morning OF the day on
which Mrs Kinnan was killed. Mary
Scippo testified that she noticed Mrs Kin
nan was very pale and tired. and asked
what the noise was about last night. and
| that Mrs Kinnan had told her that she
had a great deal of trouble with her law
yer, and that she referred TO him as q
devil lawyer and that instead of pre-
senting a bill for 500 he had presented
bill for $3.50 which was the approximate
amount of the unpaid assessments and
taxes against the property
THAT on the night Of the killing OF Mrs-
Kinnan the said Mary Scippo was al home
in the basement of the house, and that at
about o'clock she was alarmed by the
cries OF Mrs. Kinnan, and hastened TO the
niazza- and saw Mrs kinnan lying on the
piazza In a pool OF blood; that she talked
with Mrs. Kinnan and asked her II she
knew her, and she said Mrs. Kinnan re-
snonded that she did know her. that she
was Mary down stairs and that there
,1pon the said Mary asked her who hit her.
and the said Mrs. Kinnan responded Law
yer hit me- but on further questioning by
Mary AS TO what lawyer she meant the
said Mrs. Kinnan did not talk any more
There are several other paragraphs which
the court orders restored.