The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1912-12-13
,ror Thomas Kerashan is Excused
lon Account Of Sickness and Dunn
Case Goes With Eleven
Jurors.
|orH SIDES AGREE
efense Rests at Ten O'clock and
States Rebuttal Testimony Be
gins at once--WilI
End Soon.

L
citing for his liberty on charge or
hooting Commissioners T. ]. Hickey
Nth intent to commit murder, was
halted yesterday afternoon when
Thomas Keraghan, juror in the |
,ase, was taken suddenly i'll and was
ordered to his. home by a doctor.
Keraghan's illness came just at the
our o'clock adjournment when Attor-
hey McCoid was finishing the re-di.
ect examination of the defendant.
When the court adjourned for ten
minute recess, Keraghan asked Judge
Bank if he could have time 20 see a
physician. He said that he had been
suffering from stomach trouble all
afternoon. The permission was grant
ed him and he went to DR.. Fullers
pffice.
Shortly after he arrived at the Of
flee of the physician the doctor called
up and said that he had ordered the
Juror home Immediately.
1t was said that if Keraghan was
unable to go on with the trial this
morning the case would be tried by
eleven jurors. by consent of both
sides. Dunn, the defendant, declared
himself satisfied with the jurors and
would trust his liber.y to eleven men
II Keraghan was unable to continue.
The defendant. after being on the
stand since early in the afternoon OF
"Wednesday will be further cross
Examined by Mr.. Miller today. In no
Way has his testimony been shaken
by the fire of questions hurled at him
by the state. He Is quiet and conf
dent on the stand and answers ques-
tions in a firm tone. taking plenty OF
time to frame his answers to Mr..
sIiIler's questions and giving his at
torneys time to object if they wish.
Attorney .McCoid Of the defense said
last evening that he did not know
Whether the q defendant would use
any more witnesses or not. He fntr
mated that it was possible that the
former wife of Dunn and his seven
year old son would be located and
brought o the stand.
The state has issued a number OF
subpoenas for witnesses they will use
in rebuttal Of the case made by the
state.
When court convened at nine thirty
o'clock this morning it was announced
that Juror Keraghan was still con
II fined to his bed and would not be able
IN in, nj To inn.
and by agreement, the attorneys OF
both sides consented to go on witt
tine trial with eleven men in the jur,
box. An order to this effect wal
dictated into the records and the cas-,
continued.
The defendant was not sent back t.
the witness stand and after a confer
ence of his attorneys, the defens
arrested at shortly after ten o'clock
"a The state began their rebuttal tes
#timony at once, calling E. C. McPhel
icon back to the stand to testify in II
Ebuttal of the statements Of Charlie
Jester
III Mcpherson said that he was relate
Ito the Hickey family by marriage, hi
wife being a first cousin of Andre
Hickey's wife. He said that the r.
lationship was SO far removed ths
he never considered it as such. 7
this statement Mr. McCoid said,
Is within the sixth degree Of affinit
and consanguinity, is it not?'' and wa
told by the witness that such might b
the case but if it was, he had n
knowledge Of it.
The question created quite lot (
merriment among the attorneys an
spectators, and the attorney for tn
defense did not go any deeper int
the matter.
McPhersons testimony was CO.
tinued and he declared that just aft
the shooting, Jester said, in the PIE
Sence of the witness, John Cavanaus
fnd A, A. Clemmons, the motorma
Pm the car, that Dunn had said to hi
M Watch, here goes your big uncle
Y words to that effect The witne
M ESQ said that he had left the car
Istreet and gone to Andrew Hickey
hlse and informed him that b
bither had been shot. He could Ii
W beshalen by Mr.. McCoid on eros
hi elimination.
W. A. Clemmons and John Cava
k aus were called to corroborate Z
stasnents of Mcpherson, and in Z
h maipoints the testimony was
HSNl@ sam although Clemmons could Il
i remlber of Mcpherson getting
LllEWthe r at B street, and Cavanaul
tNNdid | hear anything but the wor
I'M spok,by Jester about the sta
&lnenti Dunn
l t. Mickey was recalled and ma
p swfng denial that he had ey
auseqe arrest Of Dunn, ma
atgainst him Or had anythil