The Union & Advertiser
February 17, 1896
On Trial for Murder
Egbert H. CHATFIELD's Case Now Under Consideration
Several Jurors Secured at the Sessions of the Court To-Day
The Accused a Member of the A. P. A., and His Victim a
Roman Catholic - Religious Discussion the Cause
The trial of Egbert H. CHATFIELD, charged with the
murder of Dominick KEARNS, was begun at 10 o'clock this morning in the old
Circuit Court room, Justice John M. DAVY presiding.
The crime with which CHATFIELD is charged occurred on
the night of May 26th last in the barroom of CURVIN's Hotel on Plymouth avenue.
About 10 o'clock on the Sunday night in question, CHATFIELD and a friend named
John MATHIAS, met Dominick KEARNS and his companion, John STEWART, on Plymouth
avenue near the rapids. CHATFIELD and MATHIAS were about to take a car downtown.
The had been drinking before and had words with a party of men in WALTERS'
saloon about the A. P. A., of which CHATFIELD is said to be a member.
KEARNS and STEWART were in that party. When the men met again on Plymouth
avenue, CHATFIELD and MATHIAS were asked by KEARNS to go to CURVIN's Hotel and
have some more drinks. The four men then proceeded to the barroom.
The quarrel over the A. P. A. question was then
renewed. KEARNS charged CHATFIELD with belonging to the organization and called
him a vile name. Both men were standing at the bar at this time. As CHATFIELD
backed away, KEARNS followed him. Then CHATFIELD drew his revolver and KEARNS
dared him to shoot. CHATFIELD continued to retreat and walked back of a table
which was standing a few feet from the bar. It is alleged that KEARNS
repeatedly threatened CHATFIELD while this Little scene was being enacted.
Witnesses also say that KEARNS raised his hands as if to strike, and that it was
at this moment that CHATFIELD fired the fatal shot.
As soon as he had fired the shot, CHATFIELD walked
rapidly out of the room. KEARNS walked to the front porch, where he fell
and died.
CHATFIELD saw KEARNS fall. CHATFIELD went at once to OAKLEY's Hotel and
asked the proprietor to send for the patrol wagon, as he had shot a man. The
defendant took a car, however, to the police station and gave himself up.
CHATFIELD was indicted by the May grand jury for murder
in the first degree.
Work of Getting Jurors Began
When Justice DAVY convened court at 10 o'clock,
the room was filled with jurors and witnesses. A large crowd of would be
spectators thronged the corridor outside, but admittance was refused to all
except the jurors and those with subpoenas. Sheriff HANNAN wishes the public to
understand that this rule regarding admission will be strictly enforced
throughout the trial.
Shortly before 10 o'clock CHATFIELD was brought
into the court, handcuffed to Jailor CAWTHRA. The youthful appearance of the
prisoner was a surprise to those who had never seen him before. With his boyish
shaven face, CHATFIELD did not look over 20 years old, although he gave his age
to a Union reporter this morning as 23.
Hon. George RAINES, CHATFIELD's counsel, arrived
a few minutes late in company with the father of the defendant, Egbert
CHATFIELD, who took his seat beside his son.
Assistant District Attorneys WARREN and WIDENER
will conduct the case for the people, District Attorney FORSYTH being prevented
by illness from attending.
It was 10:30 o'clock when the work of obtaining
the jury was begun.
Charles E. WOODWARD, Tenth ward, was called, but he was not present.
Casper REHBERG, Thirteenth ward, answered to his name and was examined by Mr.
WARREN as to his qualifications.
He was accepted by the people, but peremptorily
challenged by the defense.
Howard DANCEY of Perinton, who was called next, said he
was not in any way connected with the A.P.A., and did not belong to any secret
society. He had no conscientious scruples against capital punishment, and knew
of no reason why he could not serve as an impartial juror. He was a one time
student at the Rochester Business University.
Mr. DANCEY was accepted, and sworn as the first juror
at 11 o'clock.
Charles E. WOODWARD, a loan broker, who lives in the
town of Chili, said he was formerly a farmer. He had formed an opinion,
though a not very decided one, regarding the guilt or innocence of the
defendant.
A half hour was spent by Mr. RAINES in an
endeavor to set aside the people's prospective challenge for cause and compel
them to waste a peremptory challenge. Mr. RAINES did his best to show that Mr.
WOODWARD entertained no real prejudice, but failed, and Justice DAVY sustained
the challenge of the people.
Garrett VANREPEO of Brighton, a stone dealer, was
called next. He had formed an opinion regarding the guilt or innocence of the
accused which would require strong evidence to remove. If the evidence were
equally balanced he would take his opinion into consideration. Besides, he had
conscientious scruples concerning the death penalty. He was excused by the
court.
Frank BORTLE of the Seventeenth ward, a
carpenter, had formed an opinion on the merits of the case. He belonged to no
secret society and had no connection with any organization except the C. M. B.
A. He was peremptorily challenged by the defense.
The Second Juror
Thomas STRUTT, Barnard's Crossing, knew but
Little of the case. He had no conscientious scruples regarding capital
punishment and was not a member of the A. P. A.
"Have you any prejudice against the use of
self-defense even if life is taken thereby?" asked Mr. RAINES.
The juror replied that he had not. He was
accepted at 11:_5 o'clock and sworn as the second juror.
George BURGER, a farmer of North Greece, said he
was in no way associated with the A. P. A. association. He said his brother
lived in Bar____ Street near the scene of the tragedy. His family attended the
Free Will Baptist Church. Mr. Berger was Peremptorily challenged by the people.
The Third Juror
The next juror called, Alonzo BOSLEY, a
contractor, of the Sixth ward, was a believer in capital punishment. He knew one
Isaac CHATFIELD before the war, but didn't know whether he was a relative of the
defendant or not. He knew Mr. RAINES "politically."
"Do you mean that you had political fights
with Mr. Rains?"
"Not much," was the reply.
"We were on the same side."
Mr. BOSLEY was accepted and sworn as the third
juror at 11:45 o'clock.
Max RUNER, a butcher of the Twentieth ward, was
excused for cause, and Leo TERHAAR of Greece was called. He held no scruples
regarding capital punishment and was not a member of the A. P. A. "I read
the account in one of the papers," said the juror, "and I thought at
the time it was a pretty mean thing."
He was peremptorily challenged by the defense.
A Juror's Unusual Request
Gustavus GINTER, Eighteenth ward, as soon
as his name was called said: "I'd like to be excused because I know
both sides; KEARNS and CHATFIELD" His request was granted.
Charles SCHUTE of Brighton was excused for cause,
and Freeman KURTZ of Churchville was called. He held conscientious scruples
regarding the infliction of the death penalty, and was also excused. John MONROE
of Parma said he had read of the tragedy and discussed the matter a Little. He
was a believer in capital punishment and knew nothing of the A. P. A.
organization.
"How long since you have served as a
juror?" asked Mr. RAINES.
"Fifteen years."
He was peremptorily challenged by the defense.
W. B. KINGSLEY, a young farmer of Pittsford, said
he was in no way connected with the A. P. A. organization. His relatives
attended the Episcopal Church. While he had read of the shooting of KEARNS he
had remembered none of the circumstances of the case. He read The Union of last
Saturday and learned that the trial was to begin to-day. Mr. KINGSLEY said he
met Assistant District Attorney WARREN at a party about five weeks ago.
"When Mr. WARREN lived in Henrietta?"
asked Mr. RAINES.
Mr. WARREN - "I live in Henrietta now."
Mr. RAINES - "Well then we city chaps must
learn to beware of your country ways."
The juror was peremptorily challenged by the
defense.
John C. FEE of the Seventeenth ward was called
and excused on account of deafness.
A recess was then taken until 2 o'clock.
Fourth Juror Secured
Court reconvened at 2 o'clock and the work of
securing the jury was resumed. Fred W. ARMBRUSTER of the Sixteenth ward,
who was at first called, said he had formed an opinion on the case which he
could not lay aside. He was excused by the court.
Barrett HIETT of Greece, who was called next, said he
was not a member of the A. P. A. He believed in capital punishment. Mr.
HIETT was chosen as the fourth juror at 2:10 o'clock
The Fifth Juror Chosen
Hugh A. SMITH, a farmer of Ogden, said he was not
a member of the A. P. A. and knew nothing of the merits of the case. He was a
Presbyterian and had no conscientious scruples regarding the infliction of
capital punishment. He was accepted and sworn as the fifth juror at 2:15
o'clock.
Joseph L. VOUGHT of the Twelfth ward was
peremptorily challenged by the defense.
Sixth Juror a Doctor
Dr. W. Frank ARNOLD of the Sixth ward said
he had no scruples regarding the death penalty. He had read of the tragedy
in the newspapers, but had formed no opinion as to the guilt or innocence of the
accused. He was not a member of the A. P. A. and he had no prejudice against
Catholics. He was accepted at 2:25 o'clock as the sixth juror.
Alva D. WOOD, a butcher of Parma, had read of the
shooting in the newspapers and formed no opinion on the case. He was not a
member of the A. P. A., and held no scruples regarding the infliction of the
death penalty. He was challenged peremptorily by the defense.
John ZIMMERMAN, a butcher of the Seventeenth
ward, said he had formed an opinion which he could not lay aside and was
excused. L. Peter PEER, a Sweden farmer, was excused on a peremptory challenge
by the defense.
Rudolph ROHR, a carpenter of the Eighteenth ward, had formed an opinion, and was
excused by the court.
Frank FRISBEE of North Greece, a farmer, was also
excused for cause and William H. Ragan, Sixteenth ward, took the stand. He was
also excused for cause. John FRAWLEY of Scottsville was another man with an
opinion and was excused. I. H. WELCH of Pittsford, a farmer, when asked if he
had conscientious scruples against the method of administering the death
penalty, said he wished there might be some other way. He was excused by
the court.
S