The Union & Advertiser
February 27, 1896

                                              Night Sessions May Be Held

CHATFIELD Case Must be Ended This Week
Numerous Witnesses in Rebuttal Testify That Dominick KEARNS' Reputation Was Good
The Prosecution Produces Testimony of People Who Never Heard of a "SLATTERY Gang" Before This Trial

"How are you all this morning," asked Justice DAVY pleasantly of the CHATFIELD jury as he surveyed them in the box on entering the court room this morning.  The remark was made in view of the fact that two of the jurymen were indisposed when court adjourned at 6:05 p. m. yesterday.
The jurymen were all right this morning and so informed the justice.

Justice DAVY then told the jurymen that the case must be finished this week, one reason for this being that the March term, with the grand jury will open on Monday. It was intimated this morning that night sessions may be held if necessary in order that the trial may be completed by Saturday.  The attorneys on both sides have promised the court to expedite the proceedings as much as possible for the remaining days of the week. Justice DAVY will go to New York Monday to hold court there.
     After the close of the cross-examination of CHATFIELD yesterday afternoon the defense rested.

                                              The FITZHARRIS Saloon Row

Assistant District Attorney Howard WIDENER then commenced his rebuttal calling as the first witness in that line Edward FITZ HARRIS, keeper of a saloon at 603 Plymouth avenue.  The witness detailed the occurrence of a scuffle between O'KANE and HOFFMAN in his saloon.
     Mr. WIDENER - "State what occurred."
"O'KANE and CHATFIELD came in and later O'NEIL and another man came in.
After some words O'KANE knocked the butcher down.  I ran out from behind the bar and at that CHATFIELD put his had to his hip pocket and said to keep back and not lay a hand on O'KANE or he would nail the first man that attempted to interfere.  I ran behind the bar and got a jug."

Mr. RAINES - "Isn't it a fact that your place has been headquarters for the SLATTERYs since Pat went out of the saloon business?"
     "No, sir, I can't have any gang up there."
     "How many fights have you had up there during the past week?"
     "Well, there was a sort of a quarrel there last Saturday night."
     "How many battles have you seen the KEARNS boys have there?"
     "Not any."
Mrs. KEARNS, widow of Dominick KEARNS, was the next witness called by Mr. WARREN.
     "Mrs. KEARNS, do you know how tall Dom was?"
     "There is a mark on the door-jam which Dom said showed him to be 5 feet 9½ inches."
     "Have you since measured it?"
     "Yes, I measured it the other day, and found it to be 5 feet 9½ inches.                   
     "What would you think he weighed?"
     "Well, I should not think he weighed over 160 or 165."
     "What do you know of his associating with Pat or Mike SLATTERY?"
     "I never knew of his associating with them."
     "What do you know as to Dom's character regarding peace and quietness; did you ever hear it questioned?"
     "I never did.  He was always kind to me."

                                                    Dominick KEARNS Character

Margaret KEARNS, a sister of Dominick, was next called to testify to the character of her deceased brother. She swore that she had never heard of Dominick's calling on or associating with the SLATTERYs.

Le Grand BROWN, the first witness sworn, was recalled by the people to testify regarding the whereabouts of KEARNS on the day of the shooting.

David HARRIS, the ex-alderman of the Nineteenth ward, then took the stand.  Mr. HARRIS lives within a short distance of the home of the deceased.  He swore that he had never heard of the SLATTERY gang until it was mentioned by the newspapers since the opening of the trial.  He also said that he had never heard KEARNS' reputation as a peaceable man questioned.
     Mr. RAINES- "When Pat SLATTERY ran a saloon he was a customer of yours?"
     "Yes."                                                                                                                                   
     "Also FITZ HARRIS and others in that vicinity?"
     "Yes, they all bought goods of me."
"If I were to tell you that Dominick KEARNS, during a period of fifteen years had been engaged in thirty  battles in which twenty or more participated, you would be greatly surprised, would you not?"
     "I would say it was before I lived on Plymouth avenue."

William HOWE, an inspector of municipal improvements, was called.  Mr. HOWE was the father of KEARNS' first wife and testified to the character of the deceased.
     Mr. RAINES - "You did not say your daughter was better off dead than living with KEARNS?"
     "I never did."
     "Have you a son called Ike?"
     "I have."
     "He has been traveling around with the SLATTERYs and KEARNSes?"
     "I suppose he has."
Court adjourned to 9:30 o'clock this morning.

                                                               Hypothetical Questions.

Dr. Frederick REMINGTON was the first witness called for the people by Mr. WARREN today.  The doctor was called as medical expert to contradict the testimony of Dr. E. M. MOORE as to KEARNS' arm being raised when the fatal shot was fired as indicated by the course of the bullet wound.
     Mr. WARREN read a long hypothetical question, taking up several pages of finely written manuscript, assuming the facts found on the post mortem examination, as Mr. WARREN explained, and asking if these facts indicated that KEARNS' arm was raised or at his side.
     Mr. RAINES objected and the objection was overruled.
     "It was at his side," said the witness.

Mr. RAINES cross-examined the witness at length, displaying entire familiarity with the anatomical points involved for the purpose of shaking the force of his opinion.
     There was a long discussion during which Mr. RAINES tried to get the doctor to say that the pectoral muscle in contracting leaves the outside skin partly behind; that the outside skin in  all parts of the human system retains its shape better than the muscular system.
     Dr. REMINGTON said the rule was for the muscle to move more than the outer skin, but there were exceptions such as in the case of the scalp which could be moved without action of any inner muscle and the doctor illustrated by moving the skin over his forehead up and down.  At the point where the bullet entered KEARNS body the doctor said the muscle did not contract and relax more than the skin because the muscle is very thin at that point."
     At Mr. RAINES' request the doctor placed a finger over that point of his own chest and raised his arm.
     "Now, sir, do you not feel the muscle moving under the skin?"
     "I do not."
Several jurymen starting with Juror ARNOLD tried the experiment while Mr. RAINES continued asking witness a multitude of questions about the epidermis, true skin, sub-cutaneous tissue, elastic and inelastic tissue, cellular and fatty tissues and matters of that kind.

                                                                  John M. Drew's Story

John M. DREW was called.  He lives on Barton street and is a coal driver.  Witness was the man who had the difficulty with CHATFIELD in WALTERS' saloon on the Saturday night before Christmas in 1894.  The witness is a strapping young fellow.
     "What occurred after CHATFIELD entered the place?" asked Mr. WARREN.
     "He asked me to have a drink.  I told him to go on; that he was an old A. P. A.  The he struck me with his fist, knocking me down and kicking me."
     "What happened next?"
     "I got up, washed myself and went out."
     "Did you go in there again?"
     "I went in Sunday afternoon.  Gus SCHALBERT pointed out the blood spots on the floor and said if he hadn't ____."
Mr. RAINES objected to any remarks by SCHALBERT and the objection was sustained."

Cross-examination by Mr. RAINES:
     "Were you drunk?"
     "No, sir."
     "Drinking?"
     "Some."
     "Incapacitated by what you drank from making a fight?"
     "No, sir.  I am no fighter."
     "Were you ever in any other fight?"
     "No, sir, except that at school I may have had Little scraps with other boys."
     "Didn't you get a black eye in OSBURN's saloon?"
     "I never had trouble in OSBURN's saloon.  I never had a black eye in my life."
Witness said he had two marks on his face as a result of CHATFIELD's blows and didn't tell everybody for two days that he got the marks in OSBURN's saloon or in falling.
     "Did you tell Edward ROGERS that?"
     "No, sir.  I never had any conversation with ROGERS more that to pass the time of day."
Witness denied that he was in the habit of drinking too much.

                                                  The CHATFIELD - DREW Fight

Perry C. WHITTEN, an employee in John BARNETT's hardware store, testified that he saw the fight between CHATFIELD and Drew.  He said the two men clinched a couple of times, after which CHATFIELD struck Drew, knocking him down and kicking him.  Drew got up after a time and asked for another drink.  Gus SCHALBERT wouldn't give it to him and Drew then walked out.
     Witness said he was not a chum of Eddie KEARNS or an intimate of any of the KEARNS boys.  He said he occasionally went to EISENMAN's and FITZ HARRIS' saloons, but was into in the habit of meeting the KEARNS boys in either place.  He never went around with any of them.

Police Commissioner James W. CASEY was sworn. He is a member of the firm of CHAMBERS & CASEY which employed KEARNS at one time.
     "Did you know Dominick KEARNS?"
     "I did."
     "How long?"
     "Since 1887."
     "Did your firm employ him?"
     "Yes, sir."
Witness said he didn't know from speech of people the reputation of KEARNS.

                                                 Mr. TUMILTY's Evidence.

Ex-Assemblyman James P. TUMILTY was sworn and testified that he had know KEARNS twenty years.
     "Do you remember a time when a man named JARVIS claimed to have been thrashed at the corner of Plymouth avenue and Magnolia street?"
     "Yes, sir."
     "Did you see any of it?"
     "I did.  I saw the ending of it."
     "Tell what you saw."
Witness said the first he heard was when somebody entered the store of John E. Chase and said there was a fight. Witness went outside and saw four or five men fighting or wrestling in the snow.  "One of the men," said the witness, "had his head in the snow.  Another man was kicking him.  James KEARNS came up and took away the man who was doing the kicking.  I went up to the man whose head was in the snow and assisted him to his feet.  I told him he had better go home.  He went into his sleigh and drove away."
     "Who was the man in the snow?"
     "Joseph JARVIS."
     "Who did the kicking?"
     "A man named MAGILL."
     "Did you see Dominick KEARNS there?
     "I did not see him there at any time."
     "What was the reputation of Dominick KEARNS as to being a quiet, peaceable man?"
     "Good."
     "What was the reputation of the SLATTERY gang?"
     "I never heard of such a gang before this trial."

Cross-examined by Mr. RAINES witness said he had been somewhat active in politics at one time.
     "Have you taken your annual swear-off.  We always do after every election you know?"
     "I am out of politics except as to casting my ballot."

                                                  Mr. TUMILTY Demands Protection

Mr. RAINES asked more questions about politics and suddenly and dramatically witness exclaimed, as he pointed at Mr. RAINES:  "I want to be protected from that man."  The justice ruled out further questions as to politics.

Dr. John Franklin MULHERIN of Plymouth avenue was sworn and testified as to treating Dominick KEARNS in 1891.
     Mr. RAINES objected, but the court received the testimony.
The doctor said he had treated KEARNS for an abscess of the lung.  The man was coughing and unable to work.  The malady developed into one form of consumption.  The patient lost flesh rapidly for a time but made a complete recovery.
     Witness said the disease might have left a permanent effect on the constitution.  He said his appearance after his recovery indicated ordinary physical development and was a man weighing about 155 pounds.
     "What was KEARNS' reputation as a peaceable man?"
     "Good."

Frank O'NEIL of 19 King street in Buffalo and formerly of Rochester, was called by Mr. WARREN.  He said he had lived at the Rapids all his life up to a few months ago when he went to Buffalo.
     The witness said he saw the KANE-HOFFMAN encounter in the saloon of FITZ HARRIS.  After the two men got fighting and KANE threw ___man down witness said:  "I caught KANE by the shoulder and said, 'Don't' kill the man.  Leave him alone.'  CHATFIELD then came up and cried, 'Don't you stick me.  I'll shoot any man who does.'  Ed FITZ HARRIS ran out with a bottle from behind the bar and said he didn't want any man to talk of shooting in his place."
     "What was CHATFIELD's attitude?"
     "He threw back one arm this way," and witness illustrated the act of reaching for a revolver from his hip pocket.
Witness described how the party repaired to EISEMAN's saloon next and told of the alleged difficulty there where EISEMAN is said to have threatened to throw CHATFIELD out of the place.
     "Did you ever know of Dominick KEARNS associating with the SLATTERYs?"
     "No, sir."

Cross-examined by Mr. RAINES.
     "You have been unfortunate in your drinking habits?"
     "Not that I know of."
     "How many times have you had delir__remens?"
     "Never in my life."
     "You have been in fights?"
     "Nothing more than Little jangles."
Witness admitted that he had a scuffle with Eddie KEARNS on Cottage street one night, but denied that KEARNS kicked him in the head.
     "You were both down?"
     "Yes, sir."
     "I thought you said you were never in a fight?"
     "Well, if you call that a fight.  There was not biting, kicking or striking."
     "Did you ever attend any of the SLATTERY prize fights?

                                                             He Went to the Fight

"Yes, sir. At the Bay View, between Pat SLATTERY and a man named HUGHES."
     "Did you go there to back Pat?"
     "No, sir."
     "Why did you go?"
     "Our of curiosity."
     "You disapprove of prize fighting, of course?"
     "Yes, sir."
     "But when you read the papers _____?"
     "Yes, I get excited like everybody else," interrupted the witness.

Patrick CAUFIELD, the police officer, was sworn.  He lives at 135 Magnolia street, and has been on the force eighteen years.  He had lived near the Rapids for forty-five years.
     "You know Mike and Pat SLATTERY?"
     "Yes, sir."
     "Down to the time of this trial did you ever hear of a SLATTERY gang?"
     "No, sir."
     "How long have you known Dominick KEARNS?"
     "About twenty-one or twenty-two years."
     "Have you ever known KEARNS to travel with SLATTERY?"
     "I never saw him travel with them."
     "What was KEARNS' reputation for peaceableness?"
     "Good"
     "Have you ever heard anything said against him?"
     "No, sir."
     "When the SLATTERYs were mentioned in police parlance who were meant?"
     "Pat and Mike SLATTERY."

Cross-examined witness said his beat had not been near the Rapids in thirteen years.
     Witness said he had never heard that the KEARNS boys back Pat SLATTERY in his prize fight with the Gipsy.
     "Has it never come to your knowledge," said Mr. RAINES, "that good citizens on account of fear of the SLATTERY gang have carried firearms?"
     "No, sir."
     "Has it never come to your knowledge that people of Cottage street have sold their property and moved away on account of the SLATTERY association?"
     "No, sir."
     "Did you ever know of the KEARNSes being in Police Court?"
     "No, sir."

Thomas BRANNIGAN of Columbia avenue, a foreman in Utz & Dunn's shoe factory, was sworn.
     "How long had you known Dominick KEARNS?" asked Mr. WARREN.
     "Twenty years."
     "You were boys together?"
     "Yes, sir."
     "What was his reputation for peace, quiet and order?"
     "Good."
Detective John MCDONALD testified that he had lived in the old Eighth ward and present Eleventh ward; that he had known Dominick KEARNS ten or fifteen years. He had also known the SLATTERYs.
     "Had you ever heard of a SLATTERY gang before this trial?"
     "Never."
     "Who were meant by the SLATTERYs in police parlance?"
     "Mike and Pat SLATTERY."
     "What was Dominick KEARNS' reputation for peace, quiet and good order?"
     "Good."
Cross-examined by Mr. RAINES:
     "Your mother and Mrs. SLATTERY were intimate friends?"
     "Yes, sir."

John P. WILLIAMS of Magnolia street, a Vacuum Oil Company teamster, testified that he saw Dominick KEARNS at the corner of Plymouth avenue and Magnolia street between 6:30 and 7 o'clock on the evening he was killed.
     Witness said KEARNS' reputation was good.
     Witness said he didn't belong to the Maccabees or any association to which KEARNS belonged.  Witness went to the Immaculate Conception Church.
John BARNETT, the ex-supervisor of the Nineteenth ward, said he had known Dominick KEARNS fourteen or fifteen years and his reputation was good.  Witness had never seen him with any of the SLATTERYs.

                                                         No Use for SLATTERY in Politics

Cross-examined witness said he had been associated with David HARRIS in Politics.  Witness had never called upon the KEARNSes or SLATTERYs for political help.
     "Do you belong to the C. M. B. A.?"
     "Yes, sir."
     "Did KEARNS?"
     "I don't know."
     "You belong to the Maccabees?"
     "Yes, sir."
     "Did KEARNS?"
     "I don't know."
     "You went to the same church?"
     "Yes, sir."
     "You didn't go around with those people much.  You don't look as if you did?"
     "No, sir."

John O'KANE of O'KANE Brothers, Jefferson avenue marketmen, was sworn as to the incidents in WALTERS' saloon, when Pat SLATTERY wanted CHATFIELD and Eddie KEARNS to wrestle.
     "As CHATFIELD left the room, did Dominick KEARNS say he would do him up, kill him or say anything about him?"
     "No, sir."
     "You stood right there?"
     "Yes, sir."

Cross-examined by Mr. RAINES witness said he was not under the influence of liquor so that he could not remember what happened.  He did not hear anybody call A. P. A. and heard no angry words during the evening.
     Referring to the card game on the slot machine between witness, Dominick KEARNS and "Dutch Jake" witness said there were not any words but a question as to which hand won.

"I said I had never played poker in my life," said the witness.  "The question was all settled.  Nobody paid as far as I remember.  After a time I remarked to Dom that it was warm in there and we went out and stood outside a half hour.  CHATFIELD had gone into the sitting room.
The SLATTERYs went away about twenty minutes before we went out of the saloon.  After Dom and I stood out there a half hour or so we went back and had another drink before SCHALBERT closed the place."
     Owen O'NEILL of Cottage street said he had lived in the neighborhood since 1862.  He lived about 400 feet from KEARNS' house and had known him eighteen or nineteen years.  He had never heard anybody say anything against him, never heard of him associating with the SLATTERY boys' never heard of a SLATTERY gang before the trial.
     Cross-examined, witness said he was the father of John O'NEIL, who had testified previously.

Joseph EGAN, a fireman of Hose 5 said he had lived in the neighborhood nineteen years, always considered the reputation of Dominick KEARNS as good; never heard of a SLATTERY gang before the trial.
     Cross-examined.
"You have had contests by agreement to test the question of physical supremacy?"
    "Not in the last fourteen or fifteen years."
    "You saw the JARVIS incident?"
    "Yes, sir."
Witness said he had not see Dominick KEARNS there, but had seen James KEARNS and Tom MAGILL.
     "You and the MAGILL and KEARNS boys were the boys of that neighborhood and grew up together?"
    "Yes, sir."
Witness was excused and court took a recess to 2 o'clock.

At the opening of the afternoon session Thomas BURKE, a stationary Engineer of State street, was called.
     Witness said he had known KEARNS six or seven years.
     "Have you known his reputation for peace and good order?"
     "Yes, sir.  His character was good."
Hugh MCLAUGHLIN testified for the people that he would not like to believe Charles ROWE under oath.  ROWE was one of the witnesses for the defense.

                                                       Why He Considered Him a Liar

On cross-examination witness was asked why he considered ROWE a liar.
     Witness said ROWE left town with a lot of debts.  Witness had heard Deputy Sheriff POLLECK say something about ROWE stealing sheep.  "He was held for stealing hides from Cornes' slaughter house in Brockport," said the witness.

James E. PATTON, a druggist living in Brockport, swore ROWE's reputation for truth was bad and witness would not believe him under oath.
     On cross-examination witness said when ROWE's barn and horses burned in Brockport a few years ago it was common talk that ROWE started the fire to get the insurance.
 
Martin MINOTT, a Brockport hardware merchant, was called.
     "How long have you lived in Brockport?" asked Mr. WIDENER.
     "All my life."
     "You know Charles ROWE's reputation for truth?"
     "I do."
     "What is it?"
     "It is bad."
     "Would you believe him under oath?"
     "No, sir."
Cross-examined witness said he could name nobody with whom he had conversed on the subject, but told his general reputation.

Seth B. NORTHUP, a retired grocer of Brockport, who had lived there forty years and knew ROWE about eight years.  He said ROWE's reputation for truth was bad and he wouldn't believe him under oath.
     Cross-examined.
     "Do you base your remark on anything besides his not paying his debts?"
     "Yes, sir."
     "What was it?"
     "The general talk of people."
Franklin F. CHAPIN, who is in the implement business in Brockport, and he had known ROWE five or six years.
     "What is his reputation for truth?"
     "Bad."
     "Would you believe him under oath?"
     "I don't think I would."
Cross-examined.
     "Do you base your assertions on this fire?"
     "Partly on that.  There has been suspicion of him ever since he appeared there.  It was a general impression."

Edgar BENEDICT, a Brockport shoe dealer, had known ROWE five or seven years.
     "What was ROWE's reputation for truth?"
     "It is not very good."
     "Would you believe him under oath?"
     "No, sir."
Cross-examined.
     "Did this grow out of his not paying his debts?"
     "No, sir."
Witness was asked to specify occurrences  on which he based his assertion and told of ROWE being arrested within four or five years for not delivering a load of wood to the owner.  "ROWE demanded a jury trial," said the witness.  "His testimony was impeached at that trial, which was held over my store, and he was compelled to turn over the load of wood to the owner."
     Witness was excused, and as he left the stand remarked that he could give other instances if Mr. RAINES desired.

Michael H. SLATTERY, who was brought from jail, was put on the stand.
     "How old are you?"
     "Thirty-three years."
     "Were you in SCHALBERT's saloon the night that Dominick KEARNS met his death?"
     "Yes, sir."
     "Tell us what you heard there?"
Witness described the talk about wrestling as other witnesses had done.
     "Have you ever been around with the defendant?"
     "Yes, sir; I have known him all his life."
     "Where have you been with him?"
     "All around the Rapids, shooting cards, shooting frogs, shooting marks of all kinds."

He Had Been Convicted
     "How many times have you been convicted?"
     "Five times."
     "Convicted of drunkenness?"
     "Yes, sir."
Cross-examined.
     "You have been in trouble with the police since 1872?"
     "No, sir."
Witness denied that he was convicted of disorderly conduct in 1872 or of assault in 1879.
     "Was it some other Michael SLATTERY?"
     "I do not know.  It wasn't me."
     "When were you first convicted?"
     "In 1885."
     "You are now under sentence?"
     "Yes, sir."
     "What for?"
     "Burglary in the three degree."
     "Larceny connected with it?"
     "Yes, sir."
     "What is your sentence?"
     "Five years for burglary and five for larceny.  There is another charge to be tried."
     "What is that?"
     "I do not know.  I have not been paying much attention to those things."
Witness is now in jail awaiting examination on the last charge, but his sentence is to Auburn.
     "What were those five Convictions?"  continued Mr. RAINES.
     "One was for breaking a gentleman's leg."
     "Well, you have been in many scraps were you were not arrested?"
     "No, sir.  I think I was always arrested when I got into any trouble."
Witness said he supposed all the party in WALTERS' were friends of CHATFIELD.  He did not know that CHATFIELD belonged to the A. P. A. and didn't care.  Witness said he was never in any A. P. A. fights and never made any remarks about the order.
     "This A. P. A. question never interested you at all?"
     "No, sir."
Witness said William STEWART is now in jail in connection with the same affair for which he himself is imprisoned.  William is a brother of John STEWART.
     "Did you ever strike Mike HICKEY in the eye?"
     "I don't remember."
     "You hit so many people I suppose that you cannot remember them all?"
"Oh, I don't know."  Then the witness apparently recollected the occasion and said:  "Oh, yes, I did strike HICKEY once.  He called me a ___ and I never allow any man to do that."
     "Now, wasn't it a fact that HICKEY said he was sorry for Bert and his father, whereupon you said perhaps he would like to see the A. P. A. __ exonerated and then you struck him?"
     "No, sir.  There was nothing of that kind."
SLATTERY, who was smiling good-naturedly all the time he was on the stand, was then excused and taken back to jail.

William R. Lansing, the official grand jury stenographer, was examined as to his minutes for the purpose of contradicting John MATHIAS, whose testimony on this trial differed from what he gave before the grand jury according to Mr. Lansing's Notes.
     Mr. RAINES objected, but the testimony was admitted.
     Mr. Lansing said he had no recollection of his testimony and was guided by his notes.  He stated that the witness testified as reported in the grand jury proceedings.  S