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From: "Susan" <>
Subject: Murder Trial February 21, 1896 part 4
Date: Tue, 4 May 2004 14:27:06 -0400


The Union & Advertiser
February 21, 1896
(Part 4)

George F. TAYLOR of Plymouth avenue swore the reputation of Dominick
KEARNS as to quarreling was bad.

"What was his reputation as to his fighting fair or foul?"

Objection by Mr. WARREN.

The court - "Is there a distinction?"

There is," Said Mr. RAINES. "The gang gouged eyes, kicked, threw
stones, used any weapons that were handy."

The question was changed to ask the witness if the reputation of KEARNS
was that of a desperate fighter.

Witness said it was that of a man who would kick a man to pieces.

In answer to questions witness said that in a conversation with
CHATFIELD some time before the shooting he told him to keep away from
the KEARNS and SLATTERY gangs; that if he remained in his place he would
get a stone or club in the head.

"Was there a time when you were at work painting a house in Charlotte
and CHATFIELD was working on the carpenter work?"

"Yes, sir."

"How did CHATFIELD work?"

"He was in a hurry to get back to Rochester and worked one Sunday. At
noon he stopped, saying his back had given out. Another time he stopped
lathing because he said his wrists were swelled."

Witness told of other similar occasions and testified that young
CHATFIELD once said he would leave home because his father was always
grumbling that he couldn't do work enough.

Mr. WARREN - "You have belonged to the A. P. A.?"

"I belonged to it about two years ago. I was a member for about a
year."

"Lodge 10."

"Where does it meet?"

"In Sargent Hall."

"Was there not something in the oath you took that would prevent you
from testifying against CHATFIELD?"

"No, sir. The oath you stated the other day was false."

"You heard the witness testify that he took that oath?"

"He was under a misapprehension."

"Can you produce the ritual containing the oath?"

"I cannot."

"You took an oath to do all in your power to put down Catholicism?"

"No, sir."

"Something to that effect?"

"Yes, sir."

"To put down the pope?"

"Yes, sir."

"Did you take an oath never to vote for a Catholic?"

"I never took that oath."

"Can you go into the organization without taking all the oaths they
administer?"

"You can."

"How many oaths did you take?"

"I don't know."

"One, two, three or four?"

"As many as that."

"Are there more than that?"

"I do not know."

"Did you take an oath to consult only Protestants and to make nothing
known to Catholics?"

"Yes, sir."

"Not to employ Catholics?"

"I didn't take that."

"Never to contribute to the support of any Catholic institution and to
break down the power of the pope?"

"No, sir."

"It was read to you?"

"I evaded it."

"It was read to you and it was supposed you said yes, so they continued
to read the others?"

"Yes, sir."

"That is the way you got into the organization, by evasion and
artifice?"

"Perhaps."

"If you have never read the ritual why are you ready to swear it was a
false oath that the witness OAKLEY testified to yesterday."

Mr. RAINES objected and there was a discussion as to just what witness
said. The point was dropped without a direct reply.

Mr. WARREN next asked witness if he had sworn to an oath to take up arms
if necessary against the Papacy.

"I do not remember," was the replay.

"If you didn't you evaded it?"

"All that I got around I evaded that way."

At this point a recess was taken to 2 p. m.



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