The Union & Advertiser
February 20, 1896
Opening of the Defense
Mr. RAINES Addresses the Jury This Morning
The Widow of KEARNS Testifies on the Witness Stand Amid Tears
Considerable Quibbling Between Counsel Over the
Giving of Expert Testimony by Dr. REMINGTON
The usual large crowd was present at the opening of the Supreme Court where
Egbert H. CHATFIELD is on trial for murder this morning. The prisoner appears
hopeful and his counsel determined.
After his son had testified to the scene in the barroom on the night of the
shooting, Thomas CURVIN, the proprietor of the hotel in which KEARNS was shot,
was called to the stand. CURVIN testified that KEARNS had been in his place five
or six times during the summer. Coming to the scene in the barroom CURVIN said
that CHATFIELD and KEARNS went around the table at a Little faster rate than
ordinary walk. He heard CHATFIELD say he was a member of the A. P. A., and heard
him call out:
"Stand back" to KEARNS, KEARNS stepped forward and the next instant
the shot was fired."
Mr. WARREN - "Did CHATFIELD attempt to get
out of the doors?"
"No, sir."
"Could he have got out if he wished to?"
Mr. RAINES - "Objected to as inco_tent."
The Court - "The jury will determine that from the
testimony."
"Yes, sir."
The witness said that KEARNS and CHATFIELD were sober, but STEWART was drunk
enough to stagger.
Mr. RAINES - "Where was STEWART?"
Witness - "He was walking up and down the east side of the room, near the
Plymouth avenue door."
"The hall door was usually locked, wasn't
it?"
"I think it wasn't that night."
"Mr. CURVIN, your think don't amount to anything in this case; my
question is, wasn't the door usually locked?"
"Yes, sir."
Witness that CHATFIELD and KEARNS only went around the table once before the
shot was fired. He testified at the coroner's inquest that the men went
around two or three times.
Mr. RAINES - "KEARNS was a big, powerful man,
wasn't he?"
"He wasn't a fighting man."
"Now, Mr. CURVIN, I didn't ask you that; it would
have been better if you hadn't answered in that way."
Mr. RAINES then asked the witness about a number of
instances in which Dom KEARNS was alleged to have cleaned out whole families,
kicked faces of opponents until they were a mass of blood, blackened women's
eyes, broken a negro's leg and to have done other things which, if true, would
certainly have entitled the deceased to be known as a fighting man. The witness
recollected none of these occurrences.
Mr. RAINES - "You didn't know of Dom KEARNS
offering to fight Patrick SLATTERY, a professional pugilist, for money, I
suppose?"
"No, sir; I never heard of it."
"You had no intention of interfering with
that occurrence that night except for the purpose of quieting Dom KEARNS?"
"No, sir."
"You know, didn't you, that the first thinks
KEARNS wanted when he got a Little liquor in was a fight?"
"No, sir."
"You didn't know that Dom KEARNS offered to
lick two men in Walter's saloon on that same night, I suppose?"
"No, sir."
"You are friendly with the KEARNS and
SLATTERY's?"
"Yes, sir."
"In fact, you don't dare to have any trouble
with the gang and live in that neighborhood?"
"I can't say; I don't have any trouble with
any one."
Mrs. Anna CURVIN, the wife of the preceding witness, said she heard the loud
talking prior to the shooting, and that when she came into the room CHATFIELD
was going out through the door. As he did so he shouted "stand back."
Mrs. Mary KEARNS, widow of CHATFIELD's victim, was the first witness called at
this morning's session. She testified; "My husband came home about 4
o'clock on the day of the shooting, the 26th of May. He went into the kitchen
and lay down. He said he wasn't ready for dinner yet.
Then a few minutes later he washed, got ready and went out. My husband attended
the Immaculate Conception Church quite regularly."
The coat worn by KEARNS on the day he was shot
was shown Mrs. KEARNS and identified as such.
"How many children have you, Mrs.
KEARNS?"
"One of my own and two belonging to his
first wife."
The vest worn by her husband was also identified
by Mrs. KEARNS.
Mrs. KEARNS was dressed in widow's garb and as
she gave her testimony tears filled her eyes at intervals. "Was this a
correct picture of Dominick KEARNS?" asked Mr. WARREN, showing Mrs. KEARNS
a large copy of a photograph.
"It is," replied Mrs. KEARNS tearfully, "only
it is a Little younger than he was. That picture was taken about three years
ago."
Mr. RAINES - "I object to the offering of that
picture in evidence. It is only a copy."
Justice DAVY - "I will receive it."
Mr. RAINES on cross-examination asked: "What
was the size of the photograph from which this picture was enlarged?"
"It was an ordinary cabinet photograph.:
"By who was it made?"
"I don't know. My mother had it made."
Mr. RAINES - "Now these clothes, Mrs.
KEARNS. The were brushed were they not?"
"No, sir."
Mr. WARREN - "I object, Mr. RAINES. The
clothes are here to be seen. You know what you say is not so."
Mr. RAINES - "Don't get excited."
Mr. WARREN - "I only wanted to show that what you
said was not so."
This ended Mrs. KEARNS examination.
Harry M. STEWART, the crack shot of the Rochester
Rod and Gun Club, was the next witness. He said that the pistol which did the
shooting was of thirty-two caliber. Yesterday, in company with Dr. REMINGTON, he
conducted a series of experiments with the pistol in the basement of the new
court house. The pistol was fired at pieces of cloth at a distance of ten feet.
Mr. WIDENER then asked the witness to operate the lock
of the pistol to show the jury how it worked.
Justice DAVY - "Has the pistol been examined to
see if it is loaded?"
The witness said the weapon was not loaded, and then
proceeded to cock the revolver, pull the trigger, show how it ___ loaded, etc.
The witness said the ___ was fired with difficulty.
Mr. RAINES then took the pistol in his hand and
discharged it a number of times without the slightest difficulty. "Why
that's funny," said Mr. RAINES. "It discharges all right with me. Very
remarkable indeed. Works with the tip of the finger."
"Where did you say you went to fire this
yesterday, to the Newport House?"
"No, sir, to the new Court House. Not the
Newport House."
"At whose request did you make these
experiments?"
"At Mr. WIDENER's."
"You are not a maker of pistols?"
"No, sir."
"Just an amateur?"
"Yes, sir."
There Were Powder Marks
Dr. Frederic REMINGTON then took the stand. He
testified to examining the coat worn by KEARNS. The examination was a
microscopic and chemical one. Dr. REMINGTON's technical terms were the despair
of the jurors.
The substance of his testimony was that there were powder marks and bullet
grease about the bullet hole in the coat, and blood stains. Dr. REMINGTON
related the experiments made yesterday in the basement of the Court House. Mr.
RAINES Objected on the ground that the conditions of the experiment were not the
same as the conditions of the shooting affray. The cartridges might not be the
same. Mr. WIDENER claimed that 32 caliber cartridges were the same world over,
and that the cartridges used in the experiment were the same as the one used by
CHATFIELD. Mr. RAINES differed with coun___ in this opinion, stating that stale
cartridges contain less powder than fresh cartridges, and that the standard
varies frequently. Dr. REMINGTON stepped aside for a moment while Mr. STEWART
resumed the stand and testified that in his opinion all cartridges of the same
caliber are alike.
Justice DAVY thought the question was extremely
doubtful and declined to receive the evidence with relation to the experiment
until a foundation were laid ___ its admittance.
Dr. REMINGTON then resumed the stand ___
cross-examination.
"Where did you make the examination of the
coat?"
"Partly in the district attorney's office and
partly in mine."
"And you discovered powder burns on the
coat?"
"I did."
"How far from the bullet hole?"
"About 4.8 inches."
Mr. RAINES asked the witness a number of technical
questions in which no new facts were cited.
Is the Doctor an Expert
Mr. RAINES insisted that Dr. REMINGTON was not an
expert on the question of gunpowder, and ___ endeavoring to bring this fact to
the mind of the jury asked: "Doctor, have you ever seen powder made?"
"No, sir."
Mr. RAINES - "I thought not."
Dr. REMINGTON - "No, but I have made powder
myself."
Mr. RAINES - "Have you ever taken a cartridge
apart?"
"I never have."
Mr. RAINES - " I think I have gone far enough to
show that the witness is not an expert."
Mr. WARREN - "If your honor pleases he has not touched the real question at
all. The question is whether the witness is an expert, the question of powder
combustion or not."
Mr. RAINES - "Well, then, doctor, have you had any
experience in the combustion of powder?"
Dr. REMINGTON - "I have, sir, made twenty-three
separate experiments on the combustion of powder."
Justice DAVY - " __ the gentleman is an expert, you may __sue the
examination."
Mr. RAINES - "The witness is not an expert. We had a similar point raised
at the Bat SHEA case of Troy. Dr. PRENDERGAST of Troy, on behalf of the
defendant, made a series of experiments in powder combustion, but his evidence
was excluded. He was not an expert."
Justice DAVY - "I will see what there is to this.
You may proceed with the witness."
A number of questions put by Mr. WARREN were met with
technical objections by Mr. RAINES and Justice DAVY, sustaining them, said that
experts must be brought to testify on the point. Mr. RAINES then said that to
save time he would open his case at once, since the prosecution were practically
finished, and allowed the prosecution to bring their experts in this afternoon.
This was agreed to, and Mr. RAINES addressed the jury as follows:
"Gentlemen of the Jury - I shall not enumerate at length
the various circumstances connected with this case, at this time, reserving such
statements for my summing up at the conclusion of the evidence, at which time I
shall crave the indulgence of the court. Mr. RAINES then defined murder;
described KEARNS as a big man and the prisoner at the bar as a man suffering
from an accident that befell him in early youth. He said KEARNS was a bully and
a tough and justified the carrying of a revolver by CHATFIELD, on the ground
that the young man carried it for amusement when he went fishing, which was
often, on account of his health. He then described the fights that lead to the
killing as follows:
"A few months before the 26th of May a man named Drew
attacked Bert in WALTERS' saloon. The two clinched and were separated. No blows
were struck. The quarrel was started by Drew who charged the defendant with
being a member of the A. P. A. From this day on the ____ of the SLATTERY
gang of which Drew was a member, was centered on the young man.
Those three letters 'A. P. A.' were as a red flag to a bull. The repetition of
those letters aroused the anger of the SLATTERY gang to the highest pitch. From
this day, too, warning began to come to young CHATFIELD that the gang was after
him. That the SLATTERY desperadoes had it in for him, young CHATFIELD many a
night went by a round-about way to his home in order to avoid this gang, who are
behind the prosecution in this case. The boy had become so thoroughly terrorized
by the fear of this gang that he was in the habit of asking to stay all night at
houses where he was visiting.
"We come now to the day in Question. The Sabbath was
passed in a quiet, orderly way, and in the evening the defendant went over to
the WALTERS' house. Mrs. WALTERS was an old friend of the family. CHATFIELD
drank nothing but soft drinks as a rule. As he drifted into the saloon with his
boy friend, MATHIAS, KEARNS came in, and Pat SLATTERY, and Mike and Jim KEARNS.
And almost as soon as the gang came in the gang pitched on him and proposed a
wrestling match. They pressed the matter very hard; but CHATFIELD refused. Pat
SLATTERY spoke up and said: 'He's got no friends here. Come on.' MATHIAS, who
was cool-headed proposed to CHATFIELD that they depart, which they did at once.
It was well that they did. As the boys left the room KEARNS remarked, as
we shall show, 'I'll kill the A. P. A. ____ yet.' A threat to take his
life, gentlemen.
"We shall show that Dom KEARNS was in a
quarrelsome mood that night; that he made threats against other men that night.
While the boys were in the sitting room of WALTERS' saloon Ed KEARNS came and
told CHATFIELD he hoped there would be no hard feelings, as he had meant nothing
by what he said.
"The boys went next to EISMAN's and stopped there
a minute, and then left. MATHIAS invited CHATFIELD to stop all night with him.
Bert accepted and the boys strolled along Plymouth avenue waiting for a car.
While they were walking along they met KEARNS and his companions again.
"At WALTERS' saloon, remember, the gang had
said they would lay for young CHATFIELD. So the boys strolled along until they
came to the railroad crossing. As the boys proceeded suddenly Pat SLATTERY, with
his coat off, leaped from the side of the road and approached CHATFIELD;
uttering vile epithets. This is the same Pat SLATTERY who is a professional
prize fighter. But just then a bluecoat came along and SLATTERY slunk back. As
the lads approached Brooks avenue they met Dom KEARNS in the center of the
asphalt pavement. 'Hello,' says KEARNS.
The boys' impulse was to go on, but Dom called out, 'Come back and take a drink
with me.' MATHIAS said to Bert: 'You'd better be friendly.'
And so they went back to CURVIN's saloon. KEARNS was all oil; so smooth and
polite, and then they got talking, and KEARNS said so nicely, 'You are an A. P.
A. aren't you?' And Bert said: 'Why, yes, I can't deny it.' The boys went
along with Dom into CURVIN's. Bert all the time saying he didn't see why the
gang was always after him. KEARNS was very polite until they got into the
saloon. The door had hardly been passed when KEARNS gripped the lad by the
shoulder and said, 'So you are an A. P. A. ____.' The sudden change in
KEARNS' manner was most alarming.
And now the lad stood, quaking, before the acknowledged bruiser of the Rapids.
He saw that he was in his power. Looking about for a place of refuge, the lad
saw the table, and made haste to retreat behind it. And then the boy drew the
revolver and tapped it upon the table. The tragedy had been prepared for his
extinction. He had been trapped into the barroom for his destruction. Not
a friend in the room except young MATHIAS who could not cope with the weakest of
the ruffians.
"The stranger, COOLIGAN, was there, a
witness of what he could not prevent. As the boy stood there, KEARNS advanced
with lowering aspect as of a storm arising from the west."
At this point the noon recess was taken, Mr.
RAINES having not yet concluded his address.
The court room was crowded to the doors when the court
reconvened at 2 o'clock. Mr. RAINES continued: "After the deceased,
KEARNS, had advanced towards the table the situation of young CHATFIELD had come
to be perilous in the extreme. He was well aware of the fact. The learned court
will instruct you that it mattered not what KEARNS' intentions were. If he were
the kindest creature in the world, if he was known as such to CHATFIELD, the lad
had the right to judge from the appearance of his assailant as to his motives.
If there were evidences that KEARNS' motives were fiendish, devilish, CHATFIELD
had a right to judge by what he saw. If CHATFIELD were in danger of actual
bodily harm, or if he thought he was, he was perfectly justified in his course
of action. An old dramatist whose pictures of life and springs of action are
more apt than those of any other written on human conduct, Shakespeare, has
delineated what may be accomplished in a man's mind by the show of force. This
state of mind which we find in CHATFIELD was occasioned by this very show of
force. He felt himself the center of forces which were outside his control.
About to meet the supreme exigency of his life, he stood there and made one
appeal for mercy to the human fiend who was seeking to take his life. There was
no thought in the mind of the boy of taking the life of his aggressor. With a
fast walk, the brute came at the youth. With three knives in his pocket KEARNS
advanced at the boy. We shall show you that two witnesses thought the man had a
knife in his hand. As they dodged back and forth around the table, the fright of
the lad increased. Finally, when CHATFIELD had told him to keep back three or
four times, KEARNS made a savage spring at his victim. As he did so he held in
his upraised hand what witnesses think was a knife. One blow at CHATFIELD was
all KEARNS wanted. CHATFIELD waited until the last moment of safety before
discharging his weapon. There was no aiming of the weapon, no raising of the
revolver, but it was discharged by the sudden impulse of self-preservation.
"What was the condition of young CHATFIELD, this
stripling of a lad? He had spoken no unkind words to any person. He had made no
hostile advances. He had defended his own life.
"And now where does the lad CHATFIELD go?
Does he seek to escape the consequences of his act? No, he proceeds at once to
the police station and gives himself up, saying: "I have shot a man in
defending myself." A quiet lad, nurtured in a refined American home from
whose gentle midst no worthless scion could spring. He came to the scene of the
sad event that night not as a braggart, but at peace with all the world.
"Finally, gentlemen, it will be for you to
say that the defendant was the victim of a cruel, merciless, brutal, desperate
gang. It was in obedience of the highest law of nature, a law higher than any
statute made by man, that Egbert CHATFIELD discharged that pistol on the eve of
May 26th. The law is dominant in the savage animals of the field no less than in
the civilized lord of creation. This young man could see in his mind's eye the
fate that lay in store for him at the hands of Dominick KEARNS. Gentlemen of the
jury, if the circumstances I have related are borne out by the evidence I shall
ask a verdict of acquittal at your hands. With these words I leave the case in
your hands until I shall again have an opportunity of addressing you."
Mr. RAINES concluded his address at 2:35 o'clock,
and according to stipulation, the prosecution called Jan MCCULLOCH, the gunmaker,
as an expert on the question of cartridges. Mr. MCCULLOCH said that all
cartridges of 32 caliber were alike. The age of the cartridge made no difference
in its penetrating powers. When the powder was exposed to the air it lost power.
Messrs. WARREN and RAINES had a Little tilt, when the
latter picked up one of the cartridges from CHATFIELD's revolver.
"Look out or you'll be spilling some of that
powder out," said Mr. WARREN.
Mr. RAINES - "Yes: and you've been spilling over
all the afternoon." S