The Union & Advertiser
February 18, 1896
Course of the Fatal Bullet
Doctors Give Important Testimony in the CHATFIELD Case
Defense Try to Prove that KEARNS' Arms were
Raised When He Was Shot
A Guessing Match as to Mr. RAINES' Weight
A Woman with an Opera Glass
The second day of the CHATFIELD murder trial was begun
this morning with the opening of the case for the people by Assistant District
Attorney WIDENER.
The complete jury was secured at the afternoon
session yesterday. The names follow:
Edward DANCEY, farmer, Penfield.
Thomas ETRUTT (previously named STRUTT), farmer, Barnard's Crossing.
Alonzo BOSLEY, contractor, Sixth ward.
Bassett HIETT, farmer, Greece.
Hugh A. SMITH, farmer, Ogden.
Dr. W. Frank ARNOLD, dentist, Sixth ward.
John PAINE, farmer, Greece.
Henry PATTON, farmer, Gates.
Marion P. WILDER, conductor, Charlotte.
William CLARK, farmer, CLARKson.
William H. BLOSSOM, farmer, Brockport.
H. S. WEATHERLOW, farmer, Penfield.
Court adjourned yesterday until 10 o'clock this
morning, but long before that hour the corridors of Powers block were filled
with men and women seeking admission. Owing to the strict enforcement of Sheriff
HANNAN's rule regarding admission there were not 100 persons in the court room
when Mr. WIDENER began his address to the jury.
Egbert CHATFIELD, the youthful prisoner, was brought in
by Deputy Sheriff Nichols at 10 o'clock. As soon as he had taken his seat his
mother crossed the court room and took her seat by his side, where she chatted a
few minutes. CHATFIELD's father entered with Mr. RAINES and took a chair
at his son's side.
A Woman with Opera Glass
The woman with an opera glass was very much in
evidence this morning.
She entered the court room under some pretext, just after Mr. WIDENER commenced
his address to the jury, and removing her veil, drew a handsome opera glass from
its case and aimed the barrels at the prisoner, Mr. RAINES, the sheriff, and the
clerk with perfect impartiality. The reporters at the press table also came in
for their share of attention, and it was while gazing at the scribe that the
fair gazer's eye was attracted to the new sign with the inscription: "This
table Reserved for the Press." The last and most important word on the sign
was obscured from view by the back of one of the reporters and the owner of the
telescope with the usual curiosity of a woman, felt that she must find out what
that word was. Advancing down the aisle on tiptoe, with opera glass
upraised, she was stopped by a court attendant and forced to resume her seat.
The Little incident created something of a furor in the court room, for the
proceedings were somewhat prosy.
Mr. WIDENER's Address
Mr. WIDENER then opened for the people. He began
by stating the law of the land as to the crime of murder and then referred to
the duties of the district attorney in such cases. He said: "The defendant
at the bar stands indicted by the grand jury of this county with the crime of
murder in the first degree. Murder in the first degree is defined, as the
killing of a human being, unless it is excusable of justifiable, from a
deliberate and premeditated design to effect the death of the person killed, or
of another.
"The deceased was a man of about 37 years of
age, was married, and resided with his wife and family in the southern part of
the city on Cottage street. He was a stationary engineer by occupation.
"The defendant was an unmarried man, who
resided with his parents in the same neighborhood, and was about 24 years old.
The deceased and the defendant were about the same size. The killing took place
on the night of the 26th of May, 1895, Sunday, between 10 and 11, at what is
known as "CURVIN's Hotel" on the river bank, in the southern part of
this city, commonly called 'The Rapids.'
"On the day of his death the deceased left
his home about 7 o'clock in the morning and started for Charlotte, where he had
been at work. He returned about 4 in the afternoon, there being no work on
account of the rain. He remained at the house for a short time, and started out
again, having changed his clothing and washed. The defendant, CHATFIELD, had
been about the city with his friend, MATHIAS, this Sunday. He had visited
several places during the afternoon. He had with him a revolver with which the
shooting was done. He exhibited the pistol to a Mr. MARSHALL and Will SLATTERY
at the Rapids, in front of BISNET's in the morning, and when asked if it was
loaded he said 'certainly.' Some remark was made about the game protector
shooting a man at Black creek. The defendant stated that he had a net and
was not afraid. He has a revolver, and he could shoot as fast as the game
protector. MARSHALL advised CHATFIELD to put up his pistol. CHATFIELD, in
the evening, about 6 o'clock, was in a saloon near CURVIN's and was talking in
there.
He stated that he was a good man; it took a good man to handle him. He was
walking up and down the room in a boasting way, with his revolver in his hand.
He said he wasn't afraid of any one around the rapids; that he was an A. P. A.
Between 10 and 11 o'clock Mr. John CURVIN was standing on the steps of his
father's hotel. He noticed people coming up Plymouth avenue. They were the
deceased, the defendant, John MATHIAS and John STEWART. He heard CHATFIELD say
that he was an A. P. A. KEARNS slapped CHATFIELD on the shoulder, and said,
"I am glad that there is one who will own it up." CHATFIELD started to
go up the street, and KEARNS spoke to him, asked him to come in and have a
drink.
Then they all walked in together. Up to this time, none of the party seemed to
be in any way angry or excited. There was in the barroom, the time this party
entered, Thomas CURVIN, John CURVIN, William COOLIGAN, and a Little boy.
Mary CURVIN was in the dining room in the rear. The barroom is situate in
the northeast corner of the building. The main entrance is from the east, or
Plymouth avenue side. There are three doors to the room, one on the east side of
the room, one on the west, leading into the hall, and then __ out into the
street, the third in the southwest corner, leading from the barroom into the
dining room.
There is an opening at the west end of the bar, in ___ with the door leading
into the dining room. The bar at the south side of the room.
The room, including the bar, is 18x16 feet. There was a table standing in the
room. This table, at the time of the homicide, was standing nearly in the center
of the room. Maps and photographs will be produced, showing the exact location
and surroundings. This table was fourteen inches wide and three feet four inches
long. Before the party entered the barroom CHATFIELD was heard to make the
remark 'that he would fix some one if they didn't quit picking on him.' It now
becomes important to remember the exact position taken by each person after they
entered the barroom and called for ale. Thomas CURVIN went behind the bar, to
wait on them. CHATFIELD was standing at the easterly end of the bar, north and
east of KEARNS. John STEWART was next, and between CHATFIELD and KEARNS. MATHIAS
was at the east end of the bar, sitting in a chair, in a corner formed by the
bar and a projection in the wall.
William COOLIGAN was sitting on the west side of the room. John CURVIN was
standing back from the bar and to the west of the table. While they were at the
bar and before anything was served, CHATFIELD was talking with STEWART about the
A. P. A. CHATFIELD was telling STEWART about a fight he had with a man by
the name of Drew. He struck Drew, because he called him an A. P. A. At this
point KEARNS noticed a pistol in CHATFIELD's hand., which he was holding by his
side. CHATFIELD said, 'I got this to protect myself against Pat SLATTERY and his
gang.' KEARNS said to CHATFIELD, 'Then you are an A. P. ___,' and walked towards
the door and invited CHATFIELD out. This was the first indication of any
trouble. Thomas CURVIN came from behind the bar. Then there was a change of
position. CHATFIELD went to the west side of the table which was standing in the
room a Little west of the center. That brought him within a few feet of the hall
door leading into the street, but he made no effort to go out. CHATFIELD struck
the revolver on the table.
KEARNS said, "That does not cut any ice with me.' CHATFIELD walked around
to the south end of the table. KEARNS went to the north end.
The table was then lengthwise between them, and CHATFIELD not over two steps
from the opening leading behind the bar. He made no effort to go out there.
CHATFIELD told KEARNS to keep back, and while they were walking around the
table, and on opposite ends, CHATFIELD says, 'Keep back.' KEARNS says, 'You are
a coward and dasen't shoot.' They were at that time, about six feet apart, and
the defendant shot. Immediately, KEARNS put his hand to his left breast,
and said, 'I am shot all right.
It's too bad, wasn't it a cowardly act.' CHATFIELD started for the door,
shouting, 'keep back,' and pointing his revolver at those remaining. He went out
and over to Monroe OAKLEY's and later with his father, went down town and
surrendered himself to the police authorities. An examination was made of KEARNS
by those remaining, a hole was found in his left breast, between the fourth and
fifth rib, and blood flowing. KEARNS started out to find a doctor, but
fell, and died on the doorsteps, shot through the heart. The trouble commenced,
and the victim died in much less time than I have taken to relate it. The shot
was fired before those present realized that anything serious might be expected,
or any trouble at all. The people will ask you to say by your verdict, when the
evidence is submitted, that the defendant is not within the rule of
self-defense. If we satisfy you that he didn't use every reasonable ___ort,
under the circumstances, to avert the trouble, and retreat when he had an
opportunity. That there was no occasion for this shooting and the circumstances
didn't warrant the killing of a human being. That there was no assault made or
intended upon CHATFIELD as would justify the use of a deadly weapon.
"A doctor was summoned by Mr. CHAPIN, and when the
Physician reached the place KEARNS was found to be dead. The coroner was
notified and he took charge of the body and held an inquest. An autopsy was made
by Doctors HENCKELL, TAIT, and REMINGTON, and revealed a bullet wound in the
right breast, between the fourth and fifth ribs, extending inward, backward and
upward, piercing the heart. The ball was found on the left side of the
diaphragm.
"It appears that the defendant was
continually boasting that he was a member of a secret organization known as the
'American Protective Association,' and called, for sort, the 'A. P. A.' What, if
anything, that fact had to do in bringing about the fatal termination, you are
to be the judges. Suffice it to say, that we are here to investigate the
facts pertaining to this homicide; whatever brought about this killing,
However remote, However slight the circumstance, is a legitimate subject of
inquiry. But we have no right to be influenced or prejudiced on account of that
society, one way or the other, or because the defendant was or was not a member.
The defendant, alone, as far as this trial is concerned, is the one responsible.
This society is not on trial or any of its members as such. I know nothing about
the purposes of this society, and it will be brought into this case only to the
extent that the defendant himself has made it a part of the case.
"We are here to determine whether a crime
has been committed. You are the solemn judges; and you determination is
important. You commence your serious duty in the interest of no individual
class, society or religion. You are summoned here at the instance of the laws of
the land, to see to it that those laws are upheld and respected. You are not
called upon to determined any difficult questions. You must bring to bear upon
the evidence your good sense and judgment and determine the probable truth. For
the probable truth generally is the truth. Each circumstance, though not
important in itself, may, when take in connection with all the other facts, shed
the intent and motive of this defendant. His failure to do many things that he
could have done may be a powerful circumstance. All that the prosecution ask, is
that you enter upon this case with a determination to ascertain the truth, to
ascertain whether there has been a crime committed. If you do that, you will
have fulfilled the obligation laid upon you."
The First Witness
When Mr. WIDENER concluded his address at 10:43
o'clock, Le Grand BROWN was called as the first witness for the people. Mr.
BROWN identified various maps and diagrams of the CURVIN Hotel, where the
shooting occurred. One diagram showed that the bar-room is about 16 by 24 feet.
Mr. RAINES objected to any testimony from the diagram concerning the location of
the table behind which CHATFIELD is alleged to have retreated. Justice DAVY
sustained the objection. As the surveyor gave the measurements of the bar-room,
Mr. RAINES interposed numerous objections, especially against any reference to
distance from the table in the bar-room, since the existence of the table had
not yet been proved. The objections were sustained by the court.
Doctors Give Testimony
Dr. A. W. HENCKELL, coroner's physician, who was
called next, testified that he performed an autopsy upon the body of Dominick
KEARNS. Dr. HENCKELL described the exact location of the bullet in KEARNS'
breast, which brought frowns and looks of amazement on the faces of the farmer
jurors. Dr. ARNOLD was the only juror to whom the terms were intelligible. The
bullet which was extracted from KEARNS' breast was exhibited by the witness and
offered in evidence. Dr. HENCKELL said that he found rigor mortis very marked.
On cross-examination Mr. RAINES asked Dr.
HENCKELL concerning the weight of KEARNS.
"Was he as heavy as I am?" asked Mr.
RAINES.
"No, sir."
"How much do you think I weigh?" asked
Mr. RAINES
"About 195."
"And how much did KEARNS Weigh?"
"Oh, 175, perhaps."
"I have more fatty tissue than he had?"
Mr. WARREN - "More wind, too."
Dr. HENCKELL - "I didn't weigh him. He might
have weighed 180."
"Was he a larger man than James KEARNS?"
"Yes, sir."
Mr. RAINES in his cross-examination of Dr. HENCKELL
attempted to show that KEARNS' arms were upraised at the time the fatal shot was
fired. The witness admitted that KEARNS' right side must have been extended
further than the other.
Dr. Frederick REMINGTON was called next. He
testified to assisting Dr. HENCKELL at the autopsy. There was an abrasion on the
forehead. Mr. RAINES subjected Dr. REMINGTON to an equally rigid
cross-examination.
Dr. REMINGTON said the height of KEARNS when alive might have been anywhere from
5 feet 8 inches to 6 feet 2 inches.
"How much do you think I weight?" asked
Mr. RAINES
"About 205."
"Would you be surprised to know, doctor,
that you are about thirty pounds out of the way in that guess?"
"I wouldn't be surprised if I were fifty
pounds out of the way. I don't know how much you may be padded, you see."
Mr. RAINES weighs 188 pounds stripped.
The noon recess was then taken.
The Afternoon Session
Court reconvened at 2 o'clock. CHATFIELD's
mother occupied a seat by his side, while his sister sat a few seats in the
rear. Ellsworth MARSHALL, a carpenter, was the first witness called at the
afternoon session. He testified: "On the forenoon of May 26th I saw the
defendant in Burnet's saloon, about ___ o'clock, and had a conversation with
him."
"What was the conversation?"
Mr. RAINES - "I object to the relation
of that conversation."
Mr. WARREN - "We wish to show, your
Honor, that the defendant carried a revolver and made certain threats against
persons of Catholic faith, and said what he would do if molested by them."
Justice DAVY - "I will receive it."
Witness - "CHATFIELD told me he belonged to the A. P. A. and had enemies on
account of that fact. At this time CHATFIELD didn't have a revolver. A Little
later I overheard another conversation between CHATFIELD and SLATTERY. They were
talking about fishing, and CHATFIELD offered to lend him a net. There was
something said about the game protectors, and I saw a revolver in CHATFIELD's
hands. I told him he had better put the revolver away or it might go off.
He said there was no danger of it."
A Very Reluctant Witness
Mr. WARREN then asked the witness whether
CHATFIELD had not said there was a gang of Catholics after him and he was afraid
of them. The witness was reluctant to answer the question, and indeed, had
to be led all through the examination. Mr. WARREN informed the court that the
witness was exceedingly reluctant and asked that he be allowed to put leading
questions to him. Justice DAVY granted the request, but Mr. WARREN could elicit
nothing from the witness.
Mr. WARREN then showed the witness a paper and
asked if it bore his signature. He said it did. The document was a statement mad
to the district attorney to the effect that CHATFIELD said he had enemies who
were after him.
"Is your recollection as good now as
when you signed that paper?"
"I think it's better."
KEARNS' Cousin Testifies
William SLATTERY took the stand nest. He said
that he was a friend of the defendant and met him outside BURNETT's saloon on
the morning of May 26th. He saw MARSHALL, the previous witness, there.
CHATFIELD had a revolver similar to the weapon already in evidence, and said he
could shoot as fast as the game protector. There was also some talk about
chicken fighting, and witness said he had a chicken that could whip any the
others could bring up.
Mr. RAINES - "How are you related to
Dominick KEARNS?"
"His mother is my father's sister."
"Did you have any trouble with CHATFIELD
that morning?"
"No, sir."
"Where did you first see brother Pat that
day?"
"I saw him at home."
"Where did you next see him?"
"At WALTERS'."
Pat SLATTERY, the man referred to was recently
sentenced by Judge SUTHERLAND to serve five years in Auburn prison for chicken
stealing in company with a brother of Dominick KEARNS, who was shot by
CHATFIELD, the defendant.
S