Year: 1859

On the morning Of the 22d day of last May the
| community was startled and shocked with the an
! nouncement that person had been killed on one
/ of our most frequented streets, whose character
was that ofan ordinarily peaceable citizen and an
! industrious mechanic.


That morning three persons were imprisoned on
| the charge Of having made the assault which re
| suited in his death. The facts Of the deed that
had been committe were not attempted to be con-
ccaled bv the prisoners. The testimony which
! came before the corOners jury was published and
| sent throu ghout the country, and probably was
rea by all. Those three persons are tho respond
! ents at the bar One a little over Is, the other
| ia and the oldest at that time between 10 and
20 wears old. The Oldest one was journeyman n
printer, engaged in the service of Messrs. G. ".
& g. G. Benedict. Tho next a book binder
working with his father. The other young man OF
poor parents who worked by the day wherever he
could find employment. From that day, these
young men have remained in Jail, With the i'm
preston on the public, that the prisoners were
murlerers. They poor. You have been i'm
paunelei to sit in Judgment on the lives of these
poor young. I expect you to suspend the forma-
tion Of any opinion until yoV have some to the
final end Of this trial.


suppose the testimony will come before minds
unbiased. now come to the brief statement of
| what our defence will consist in. You will find
before this trial is through, there had never exist
ed the slightest i'll feeling between the parties
! This will appear in any aspect the case may
| take and intend to make it appear in all as
| poets It will appear first, that two of them did
| not know McKeen. The other has mere passing
| acquaintance.


On this night two of these, Balm and Mcdonnell
eft their respective places Of residence.


They went TO two or three places that evening
| which unfortunately too many of our young mec
are in the habit of doing. At one of these places
they met young Kelly. At about half past ten
they went together to a beer shop and remained
there about an hour and a half. They were there
playing bagatelle.


At about II o'clock they left AMI came out thi,
alley into Church st. You recolcct this wa,
Saturday night l will show you that from the
hour, that stores are generally closed there had
been a bright light in this store, Ferres all the
| evening, so much so, that many person:
went there to see what these young were do
| ing Four or five we re there at some portion Of
the evening, engaged in playing cards.


This was nearly opposite the alley, and any one
would be likely to be attracted by it.


These young men crossed over to the place
where they saw the light, all of them on theil
way home One took hold ofthe handle and look
ed in. There was no violence used. The
remark made by ''Whate is
trumps ?" and Immediately the party went ut
street. They had got up street distance
when McKeen came out and stepped upon the first
step, and made some rema rk in a somewhat ex
cited tone, and asked what they wanted Bair
| and Kelly passed down the street a little to the
south of the store, bnt Mcdonnell stopped in from
of the door Mckeen again addressed the sam,
remark. Mcdonnell replied, Suppose it wa.
me for instance


The remark was replied to by MeKeen, afte,
| which Mcdonnell made some remark more insult
| ing in its character McKeene's hands were rails
ed and the parties came together in clinch. 1
the testimony here is the that which cam,
before the jur- at thscoroners inquest i, will show
that this scufie lasted from one to two minutes
The pa ties fell and there struggle on thi
| ground in the course Of which Mcdonnell got OF
top, and then McKeen cried "take him of, he i
knitting me. We shall show that the blow wa
given after the struggle had continued minute a
least. We shal show that the knife takel
cut during that struggle


We shall show that the knife driven in eth
er by McKeens falling On he knife, or by tn
weight nf McDonnelTs body falling on the knife
For we shall show that it practical imposs
bility for person Of McDonnell's strength to hav
inflicted such blow. When these parties cam
together Mcdonnell found Mckeen wa
more than a match for him, and he then dre'
his knife II we establish these facts, it will pu
aside all claim to murder the part of any one
ITbe kn was then proiucei.l This knife is a
ordinary clasp knife. opening very easily, an


which Mcdonnell. working about his orins, hs
| need for in his business There is nothing in th


kind of knife which shows that it was intended 70


any evil purpose.


We do net learn from the opening statements o