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The Union & Advertiser
February 26, 1896
CHATFIELD on the Stand
The Defendant Tells His Story of the Tragedy
His Description of the Scenes and Incidents Leading
Up to His Shooting Dominick KEARNS
The Ninth Day of the Murder Trial and the
Case May Extend Into Next Week
Egbert H. CHATFIELD, the young man who shot and killed
Dominick KEARNS, was put on the stand today and told the story of the tragedy.
This is the ninth day of the murder trial, which is extending much longer than
was expected. The prosecution has still a large number of witnesses to
call in rebuttal and while the extent of their testimony will be determined
largely by rulings of the justice, yet there is every indication that it will
last over two days. It is almost a certainty that one day will be required in
the summing up and charge to the jury. The indications are therefore, that the
case will not be given to the jury before the first part of next week.
John MATHIAS, the young friend of CHATFIELD who was
with him when the shooting took place, was exhaustively and severely
cross-examined by Mr. WARREN yesterday afternoon. Witness is explaining
circumstances which he stated on this trial for the first time said he had not
been given an opportunity to tell them at the coroner's inquest nor before the
grand jury as the district attorney's representative, he said, only allowed him
to answer specific questions they asked.
Mr. WARREN read numerous selections from the grand jury
testimony to witness laying foundations for contradictions. Some of his
grand jury testimony witness flatly contradicted and in other instances he said
he couldn't remember what he had testified to previously. Mr. RAINES gave
notice that he would question the accuracy of the stenographic notes of the
previous testimony.
Frank DRAUDY, an employee of the morgue, was next
called. He said that he thought KEARNS had on underclothing besides a linen
shirt. The
witness thought KEARNS weighted from 170 to 175 pounds stripped.
Mr. RAINES then took three knives that were found in
KEARNS pockets and offered them in evidence. They were shown to the jury.
Coroner Henry Kleindienst was the next witness called. He
said he had conducted the inquest over the remains of KEARNS. The coroner
said he thought KEARNS weighed about 180 pounds stripped.
Louis MINES was asked about one of KEARNS many
alleged fights, but was not allowed to answer.
Mr. RAINES - "Did he leave his first wife in a
buggy while he got out to lick a man?"
This question was also objected to and sustained.
Henry CRAFT was next called. He had been present
at BISNET's saloon on the day of murder. He had talked with CHATFIELD
there. The defendant had said nothing about a game protector. He had
not shown a revolver or said he was a good man and wasn't afraid of anybody at
the Rapids.
Louis CRAFT was next sworn. Mr. CRAFT said he was
the father of the last witness. He was in BISNET's and hadn't seen
CHATFIELD take out a revolver nor heard him make any threats.
At this point adjournment was taken to this morning.
Charles Wesley VOLLECK was the first witness called for
the defense to-day. He is a lad of 14 and testified as to the KANE-HOFFMAN
fight that CHATFIELD merely told FITZHARRIS not to interfere and didn't draw a
revolver.
Cross-examined witness was asked if he had not said to
the McGill boys or BRANNIGAN that CHATFIELD was going to shoot and FITZHARRIS
then went behind the bar to get a bottle. Witness said that he could not
remember making such a statement.
Egbert H. CHATFIELD, the defendant, was sworn.
The boyish looking prisoner answered Mr. RAINES questions firmly without
hesitation and
with Little apparent nervousness.
"What is your age?" asked Mr. RAINES.
"Twenty-four."
"Have you ever lived away from home?"
"No, sir."
"What has been your father's business?"
"Carpentering."
"Have you worked at carpentering?"
"Yes, sir."
"For your father?"
"Yes, sir."
"Did you work at carpentering for anybody
else?"
"No, sir."
Witness said he had worked for two or three months at a time now and then in ice
houses, pulling the ice from the slide into a pond. He had also worked at
lathing for various men.
Witness recollected his fall from the chestnut tree in
KONDOLF's grove six, or seven years ago. As a consequence he said his back
was weakened and his wrists were swelled for about two years. He said they
had never been sound. He could pull with them, but if he pushed anything
heavy away from him his wrists would swell up again.
The defendant also recounted in answer to questions his
fall from a ladder laying him up a week, three or four years ago. Since
these falls, he said, he had been subject to pains in the back and attributed it
to kidney trouble during the past three years. He had favored his back in
doing his work.
"You have sometimes indulged in exercises with the
boys?"
"Yes, sir."
"How long ago since you had a friendly scuffle
with the boys?"
"A Little over a year ago."
"What was the effect of wrestling when you joined
in that exercise with the boys?"
"It hurt my back and I had to sit down."
"Have you had any fist fights?"
"No, sir."
"In the FITZHARRIS encounter did you pull a
revolver or threaten to do so?"
"No, sir."
"Did you ever draw a revolver previous to this
affair?"
"No, sir, I never drew a revolver in my
life."
CHATFIELD Sickly
"What was your condition in the winter of 1894-95 and down to the time of
this occurrence?
"I was sickly all the time."
"How about your sight?"
"It is not good."
"How does it trouble you?"
"I cannot see very well. I cannot read well and
hold a paper close to my eye."
Pointing to the clock on the wall, twenty feet away witness said he could see
the hands but couldn't tell the time because he couldn't read the figures.
"It looks all black," he said.
Witness said he had known all the SLATTERY and KEARNS
boys about fifteen years and had no serious trouble with them until he joined
the A. P. A. organization.
"Until you became a member of that organization
did you regard them as friendly?"
"Yes, sir"
"When did you join?"
"About two years ago."
"Did you ever attend any meetings after your
initiation?"
"One or two."
"You heard the oaths read by Mr. WARREN?"
"Yes, sir."
"Did you take any of those oaths?"
"No, sir."
"Did any of the phrases seem familiar to
you?"
"No, sir."
"As far as you know have these oaths been in use
since you joined?"
Mr. WARREN - "He says he never heard of them. How can he know whether
or not they were in use?"
Mr. RAINES - "You struck fake oaths."
Mr. WARREN (with a smile) _ "Two members of the
organization have sworn to them."
"Do you recollect an occurrence between you and
Pat SLATTERY on Front street?"
"No, sir."
"Were you and Mrs. VOGT on Front street on one
occasion?"
"Yes, sir."
"What time did you start to go home?"
"I went out of ZWEIGLE's saloon to look for
"Doc" Mrs. VOGT's boy. I looked into DIETER's saloon and saw Pat
there. I went to the Four Corners. I had a bundle and met Mrs. VOGT
there. I was bringing the bundle to WALTERS'. Mrs. VOGT and I took
the car together after I met her at the Four Corners."
"Before the KEARNS shooting," said Mr.
RAINES, "did you ever intend to have a quarrel with any of the gang?"
"No, sir. I have always used them
friendly."
"How long have you known the reputation of Dom
KEARNS?"
"As long as I have known him - for fifteen
years."
"How did you know it?"
"I heard people talking about him and his
troubles."
"What do you mean his troubles?"
"His fights."
"What did they say of his fighting?"
"They said he would use a knife, kick or knock a
man to pieces."
"Your father has told you of his
achievements/"
"Yes, sir."
"These were all over Rochester?"
"Yes, sir, and as far as Scottsville."
Whom did he thrash in Scottsville?"
"I have heard of his licking Tom CLARK
twice."
"You have seen him with the portly mien and
bearing of these knights of the ring?"
"Yes, sir."
"How did he look?"
"He looked like a mountain."
"How tall was he?"
"About six feet."
Witness said he saw KEARNS at a dog fight on the river road when KEARNS'
Newfoundland dog was licked. Witness was about going into the details of
this dog fight, but Mr. RAINES said that would be unnecessary.
Witness told of several fights in which he had heard of Dominick KEARNS figuring
triumphantly and said it was this reputation that he had in his mind of the time
of the shooting.
"At this time of this occurrence what was your
belief as to your physical ability compared to his?"
"I know if he got hold of me he would kick me to
pieces or thump me to pieces. He was a big, strong man."
Witness said he had heard of the gang getting together
to do up an enemy.
Mrs. GOODMAN Gets Excited
CHATFIELD's examination was suspended at this point at the request of Mr. RAINES
in order to allow the testimony of Mrs. Frances GOODMAN to be taken as she was
anxious to be excused.
Witness said as she was standing at the corner of
Plymouth avenue and Cottage street with her Little girl, two intoxicated men
came along talking and using profane language. One of them was Dominick
KEARNS.
Witness heard KEARNS say that the A. P. A. members would be spotted one by one
and made to work in a ditch.
Mr. WARREN objected to the testimony but it was
admitted.
Cross-examined by Mr. WARREN witness said it was her son, James GOODMAN who
testified previously. She said she had not known that James frequented
WALTERS' saloon until she read it in the papers and she feared that he had
fallen into bad habits for a few months while he was away from home working for
KANE.
During the cross-examination the witness became highly excited, and breaking
away from the questions delivered her sentiments in disregard of warnings by
attorneys on both sides as follows: "I will answer the questions my
own way, I didn't come here to be insulted. You have no fool to talk to
you when you talk to me. I am on neither side and come here to give a
civil, truthful statement. I am neither an A. P. A. nor a Roman Catholic.
I am an individual Catholic and belong to the Episcopal Church. You
remember that."
Mr. WARREN as soon as he had opportunity resumed his questions. "What
did they say about the A. P. A. ?"
"Oh, grandmother; I told you that already."
"Tell me just what they said."
"Are you deaf?" said the witness
angrily.
The court admonished the witness to answer.
"Well," said the witness, "one of them
said if the A. P. A. kept on nobody could get a days work in another year."
There was more trouble directly when Mr. WARREN insisted on witness telling if
the reason she ran up the street after a time was because she didn't want to
hear any more of the conversation of the men. Witness said she had already
given the answer, but she finally, in accordance with the court's direction,
said that was the reason. Before giving this answer the witness eased her mind
again toward Mr. WARREN in this fashion: "Maybe you think you are
smart. I am a respectable woman and don't want to be insulted. You
think you are a somebody, perhaps."
Witness showed signs of breaking down and Justice DAVY
coming to her relief with a promise of all the protection necessary, witness
answered the question and was excused.
CHATFIELD Again
The defendant, CHATFIELD, once more took the stand.
"At the time of these transactions on May
26th," asked Mr. RAINES, "did you know the reputation of the rest of
the SLATTERY gang who were there that night?"
Objection by Mr. WARREN.
Mr. RAINES said he would show that the actions of the gang that night were all
in pursuance of a previous arrangement.
Mr. WARREN - "It appears that KEARNS was in WALTERS' saloon before the
SLATTERYs and after them. He did not enter with them nor go away with
them. There is not a particle of evidence that he had any more to do with
the SLATTERYs than did this defendant."
Mr. RAINES - "We will show that immediately after
the wrestling talk KEARNS, BUTTERLY and the SLATTERYs held a whispered
conversation. Between 4 and 6 they were in the saloon. After the
whispering the SLATTERYs and BUTTERLY went away. We know nothing of KEARNS
movements for two hours and then between 7:30 and 8 o'clock KEARNS and the gang
drifted together in pursuance of the plot as we contend. We shall try to
show that they met in order to waylay this defendant.
The judge overruled the objection. Witness said
for ten or fifteen years he had known the reputation of all the members of the
gang as fighting men who frequented saloons together. Witness said a dog
near the Rapids had been in the habit of springing at him and he had once shot
at the dog and they had it in for him.
CHATFIELD told of his trip with MATHIAS on the morning
of May 26th to Water and Front streets.
The Day of the Tragedy
CHATFIELD told in detail all his doings on the Sunday of the tragedy.
In the afternoon he said he met Fred HUBBARD and arranged to go to church with
him. At 7:30 o'clock the defendant said he met HUBBARD, who said he had
changed his mind and wouldn't go to church.
"I then walked across the railroad tracks,"
he said, "and met MATHIAS.
We walked along together."
"Did you go to BISNET's?"
"Yes, sir."
"Was Charles PERRY there?"
"I didn't see him, and if he was there I would
have seen him."
"What did MATHIAS say before you went to
WALTERS'?"
"He said to come on and we would go up to
August's. I said all right."
"What was your drink during most of the winter
before this occurrence?"
"Soft drinks."
"Why was this?"
"When I drank beer it seemed to hurt my
back."
"When did you start to drink beer again?"
"During the month I worked on the school house. I felt sick one day
and took a glass of beer. After that I took some beer every day."
Witness described the A. P. A. and wrestling talk at WALTERS'.
"I told them," said witness, "that I
didn't go there to wrestle, and I wouldn't wrestle. Mike SLATTERY then
said the gang wanted me to wrestle because I didn't have any friends there.
Pat SLATTERY told him not to stick his nose in. Pat said he heard I said I
could throw him or anybody at the Rapids. I said whoever said that was a liar.
He said:
'Damn you, do you mean to say I am a liar.' I said: ' You ought not
to take it that way, Pat. I only said that I never said such a thing.'
He said: 'You re a damn liar.' Then Gus told me to go into the
sitting room or Pat would do me."
"What did you think their intensions were in
talking of wrestling?"
"I know they wanted to get me outside to lick
me."
Witness then told of his friendly conversation with Ed KEARNS, in which the
latter assured him that there was no hard feeling on his part.
Witness drank a pony of beer there. Witness told August SCHALBERT that as
the gang was always picking on him and he only caused trouble for the house
whenever he went there the best thing for him to do was to stay away and he
would do so after that.
The defendant said MATHIAS and he then went to OAKLEY's
where witness drank another pony of beer. Talking of the encounter with
SLATTERY at the railroad tracks after leaving OAKLEY's witness said:
"SLATTERY kept trying to get hold of me while I backed away. He said
we were all A. P. A. ___ around there. I told him that he had the
reputation of a prize fighter and he ought to be ashamed to waylay people.
Just then somebody called that a policeman was coming."
Telling of the meeting on the street a few minutes later with Dominick KEARNS
CHATFIELD said he at first refused KEARNS' invitation to go and have a drink,
but being pressed he consented. "As we walked back," said the
witness, "Dom asked me if I had had some trouble with Drew. I told
him it was nothing. He said it started with the A. P. A. The he
asked me if I was a member and I said I was. He asked me if my father was
a member and I told him he was not and didn't know that I was a member."
After describing further conversation and the trip to CURVIN's saloon CHATFIELD
said after the drinks were ordered KEARNS once more brought up the Drew incident
and witness told him some more of the way it happened.
"Suddenly KEARNS exclaimed," said the witness, "if that is the
case you are a rotten A. P. A. ___/"
"Did KEARNS grab you?"
"He grabbed me by the arm and it was black and
blue for a week afterward."
"What next?"
"He said if I would go outside he would kick the head off me. I told
him I didn't go in there to have a fight with him, but to have a friendly drink
with him. He said I had licked one Catholic, and the A. P. A. would soon
run things if they were let. He again said I was a damned A. P. A. ___.
The Walk Around the Table
Witness then described in detail the alleged way in which he walked up and down
one side of the table while KEARNS walked up and down the other side.
"What did you walk up and down the table
for?"
"I wanted him to get over on the side where I was
so I could get out the door."
"What did he say?"
"He kept calling me names and said he would kill
me. He said I had a revolver in my pocket."
"What did you do?"
"I said I had a revolver and took it out, tapping
it on the table. Then he got worse and I was sorry I had drawn the
revolver."
"What was his next step."
"He made a jump at me and drew a knife. He
had the knife in his had. I saw it."
"Where were you when you jumped?"
"He forced me into the corner. When I saw
the knife I shot."
"What was the last thing you thought of before the
shooting?"
"I was thinking of the Plymouth avenue door and
getting out."
"Was there in your mind at any time the idea that
in any contingency you would shoot him?"
"No, sir. I only thought of scaring him.
I scarcely knew I had shot."
"What did he say after you shot him?"
"He said the ___ has shot me."
"He didn't say then that he was shot all
right?"
"Not while I was there."
"Was there any way to the door not covered by Dom
KEARNS?"
"No, sir. The Brooks avenue door is always closed except when there
are dances. I knew that well. It seemed to me then that I had been
led into a trap. I knew if he got hold of me he would knock me to pieces
or kill me or something like that."
Have you any recollection as you went back of pointing
your revolver at the others in the room and telling them to stand back?"
"No, sir. If I did it I don't remember
it."
The witness then described his notification to Monroe OAKLEY that he had shot a
man and his getting his father to accompany him to the police station, where he
gave himself up.
"Did the revolver work easily?"
"Yes, sir."
"You kept it well oiled in order to sell it?"
"Yes, sir."
"You remember somewhat of your thoughts as you
were chased up and down the table?"
"I thought I would get chopped to pieces or
killed. I thought I might be laid up and have a big doctor's bill to
pay."
"At the time of this transaction were you in fear
of your life?"
"Yes, sir."
"Had you any doubt during the occurrence that your
life was in peril?"
"No sir."
"Did you see the knife at any time before KEARNS
jumped?"
"No, sir."
"What did he say when he jumped?"
"He said he would cut my heart out."
"If you had not stepped back would he have reached
you?"
"Yes, sir."
"You were within striking distance?"
"Yes, sir."
"What was the fact as to your selling the
revolvers and guns testified to by the several witnesses on the stand?"
"I sold a great many."
Witness said he made a business of that, his father buying the firearms of
Wheeler & Wilson and the witness selling them and making what he could out
of them. He also sold watches and other articles.
"At the time of this shooting did you take any
aim?"
"No, sir."
At this point a recess was taken to 2 o'clock with the direct-examination of
CHATFIELD still uncompleted.
At 2:10 o'clock the examination of CHATFIELD was resumed. Mr. Rains
announced that he had no more questions to ask and Mr. WARREN began the
cross-examination.
"How long before May 26th did you begin to drink
intoxicating liquor?"
"About a month."
"When did you last work in an ice house?"
"About a year ago."
"What did you do?"
"Tend the switch letting the ice glide into the
house."
"At any time did you handle the ice in the ice
house?"
"I did about three years ago."
Witness in response to questions said he had used his weak wrists in using a
shovel to dig stumps, in lathing and in driving nails. "I did lots of
things I had to do," said the witness. He said his wrists swelled
from time to time, making him desist from the work for rest at intervals.
"Carrying a bunch of shingles up a ladder didn't
affect your back?"
"Sometimes it did." Later the witness
said this always affected his back.
"Drinking beer increased the pain in your
back?"
"Sometimes it did and then again it did him
____."
Witness admitted that he had wrestled with Lo__ CONROY
and had thrown him.
"You ____w most all the boys with whom you
wrestled?"
"Well, ___ suppose most all."
"What was the most you ever drank?
"Perhaps four or five glasses of beer or perhaps
six."
Witness said he was never drunk in his life.
Witness was questioned at length as to the KANE - HOFFMAN night in
EISENMAN's saloon. Explaining O'NEILL's remark to witness, CHATFIELD said:
"O'NEILL wanted to fight me. I told him he was drunk and didn't want
a fight. Isenman then said if you fellows don't keep quiet I'll throw you
both out. He picked up a bottle. I had a beer glass and said if he
threw the bottle I would throw the glass. We were both joking."
"Oh, that was a friendly encounter then?"
"Yes, sir."
"How many glasses had you drunk before then?"
"That was my fourth."
"Did you feel the effects?"
"I didn't and I never do."
"Did you ever go fishing with Pat SLATTERY?"
"No, sir."
"With any of the SLATTERYs?"
"No, sir."
"Ever meet them on Front street?"
"I met Pat SLATTERY in KRUGER's saloon."
"Did you have a drink together?"
"Yes, sir."
"Who bought it?"
"I did."
"Did you quarrel with Pat over some girls in
there?"
"No sir. I never talk about girls with the
kind of people who hang around those places."
Witness said after leaving KRUGER's he accompanied Pat to another saloon where
witness and Kid Hall did some high kicking. Witness said he kicked seven
feet high, knocking a beer glass out of Pat's hand. This did not injure
his back, he said. Kid Hall kicked higher. Afterward they went to
other saloons and had more drinks. Witness said he had drank whiskey
during his lifetime.
Witness said he did not get drunk on this night.
"You must have been coloring up a Little?"
"No, I drank pop after a while."
"You drank Pop on Front street at that hour of
night?"
"Yes, sir."
"You never saw Pat drink Pop?"
"No, sir."
"Did you do all the treating?"
"Yes, I never saw Pat with any money in my
life."
Talking of the incidents in WALTERS' saloon, Mr. WARREN asked:
"Did you hear any talk about the A. P. A.?"
"Oh, a Little."
"How long did you stay in the saloon?"
"Twenty-five minutes."
"How many glasses of beer did you have?"
"Oh, one or two."
"How many had you that day before?"
"About three."
"You heard MATHIAS say you had five?"
"Yes, sir."
"Did you have any talk?"
"Yes."
"Was it friendly?"
"Not exactly."
Witness then detailed threats made against him at that time by SLATTERY.
The trouble arose over chickens. Pat struck witness, who then grappled
with him and the encounter ended. S