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From: "Susan" <>
Subject: Murder Trial Feb. 28, 1896 Part 3
Date: Sat, 8 May 2004 09:42:48 -0400


The Union & Advertiser
February 28, 1896
(Part 3)

Instructions to CHATFIELD

"What were the instructions to the boy. He had been told by SCHALBERT
and TAYLOR and his own father if he met the gang and they asked him to
drink to do so and get away when he could. SCHALBERT and TAYLOR and
CONROY had told him that he would stand no show in an encounter with
KEARNS, that mince meat would be made of him, as they said. He had been
warned that when the encounter which was brewing for him from the time
he joined the A. P. A. took place some awful, terrible injury would be
done him, if he escaped with his life.

"Did the boy meet these warnings with bravado? Did he say he would take
care of himself; that he would shoot anybody? Not at all. To all the
warnings he said he would keep away from the gang.

The A. P. A. Issue

Speaking of the A. P. A. matter Mr. RAINES said: "A society known as
the A. P. A. has been gradually gathering into its membership people in
various parts of the country who have peculiar ideas as to Catholic
supremacy in politics or religion. You are familiar with the religious
controversies of the old world, of the antagonism between Irish
Catholics and Orangemen. There is something about a religious quarrel
that inflames men to madness. The most unholy act is enwrapt with a
halo of sanctity in some minds if done in the cause of religion. There
was an element of religious fanaticism in the make-up of Dominick
KEARNS. He sought by resenting the attack on the church to expiate a
life of crime.

"I do not propose to discuss the merits or demerits of this
organization. That has nothing to do with this case more than that it
is an element in inflaming the mind of KEARNS. Personally I oppose it
in its every purpose and characteristic. But that has nothing to do
with the issue. The defendant had the right to join any organization he
wished. He joined this order, flattered, perhaps, by an invitation to
join an organization, and he attended two or three meetings. When put
upon the stand he couldn't tell its object to save his life.

"But it became known that he was a member and the antagonism of the gang
against him commenced and the first demonstration was in SCHALBERT's
saloon on this 26th of May. The defendant had heard of the sentiment
against him. So after the affair with Drew the defendant realized that
the gang looked upon him not only as an A. P. A. member but one who had
engaged in words and a push with one of the gang. Personal animosity
was added to the other feeling of antagonism.

KEARNS the Strong Man

"So the strong man, Dominick KEARNS, went about heaping coals upon his
wrath, biding his time when he could vindicate what he considered an
insult to his gang.

"It is a remarkable fact that in this trial all the respectable citizens
are among the witnesses for the defense; while the scum are the
witnesses for the people. From the time of the Drew affair this boy was
in mortal terror of the gang. He remained at Charlotte over night so as
to avoid the gang. He asked people to go home with him at night
frequently for protection. All these peaceful measures he adopted to
avoid an encounter and this life he lead for months.

"He was gradually being reduced to a condition of absolute timidity,
sneaking through the streets to avoid the gang, keeping away at night
and getting a Little courage, perhaps by sunlight. You have the picture
of the men on this fateful day, KEARNS chasing JOHNSON out of WALTERS'
saloon and CHATFIELD sneaking out a side-door to avoid a contention.

Mr. RAINES painted a picture of the defendant, fearing the brass
knuckles of the SLATTERYs, knowing that it was the practice of the gang
when a man was down to kick him until he was insensible.

Went to Pay a Social Call

Mr. RAINES said it would have been ve__ly better if young CHATFIELD had
gone to church that Sunday evening as he at first intended, but being
disappointed in Hulbert not going, he went to pay a social call with
MATHIAS on Gus SCHALBERT, whom he had known before he kept a saloon.
"We must take boys as we find them," said the speaker, "and they like
company. There was nothing worse in CHATFIELD's course than that he
sought companionship of his own age; not seeking saloon company, not
intending to go on a drunk or meet dissolute characters." Mr. RAINES
said while the jurymen might not approve young men of 24 drinking beer,
yet they often get in the habit of taking a social glass now and then
which was the extent of CHATFIELD's drinking. He argued that the talk
of wrestling was an endeavor to entrap CHATFIELD into a contest where he
might be injured by one of the gang.

"It was marvelously significant that a part of the gang which the
__oping CHATFIELD left in WALTERS' went directly to the railroad
crossing and anticipating CHATFIELD there. Was it not contrived to do
any injury to this boy? The boy backs away until the cop arrived and
was too much for Pat SLATTERY and his pugnacity.

"What did the boy say when they marched out on him at the railroad
crossing? He said 'I know you Pat SLATTERY. You are trying to waylay
me. Keep back.' The evidence on this point is not disputed.

"It would be interesting to hear Pat SLATTERY tell his story of this
incident, but the district attorney has not put him upon the stand,
although he has been in court during the entire trial. Pat's first
weapons were always his fists, although later he might kick or bite, and
the boy knew that as the big man move toward him.

"But although the district attorney did not put Pat upon the stand to
tell the story, nor Peter BUTTERLY, who held Pat's coat, he did put on
Mike SLATTERY. And Mike said he was not there. Mike was perhaps more
likely to engage in other kinds of crime than acts of violence, but
could hold up his end when Pat or Dom KEARNS led the way.

At 12:30 court took a recess to 2 o'clock. In answer to a question Mr.
RAINES said he would require another hour in which to complete his
argument.

Promptly at 2 o'clock Mr. RAINES resumed his address. He argued that
the direction of the bullet holes through the coat and vest of KEARNS
corroborated the testimony of all the physicians except Dr. REMINGTON;
also that the defendant and MATHIAS that KEARNS had his arm raised when
the shot was fired. He argued that KEARNS went a half-mile north of the
place where he would naturally turn off to go to his home. There were a
half-dozen saloons at which he could have got a drink on Plymouth
avenue. It was 10:30 o'clock at night. Counsel argued that KEARNS
motive in going a half-mile out of his way at that hour at night toward
the Rapids must have intended to waylay CHATFIELD or perhaps see what
had become of SLATTERY. BUTTERLY and the others who were in the
enterprise "to do the boy." CHATFIELD was trembling in fear in this
encounter with the gang.

CURVIN Forced on the Witness Stand

"Johnny CURVIN was forced upon the witness stand to testify that KEARNS
said if CHATFIELD didn't have a revolver he would mop the street with
him. That was why Dom wanted to get the boy in the saloon. In the
street is not the place where Dom would attack a man with a revolver for
there would be too much room there for an opponent to protect himself.
"Dom wanted to get the man with the revolver in a room where he would be
within his reach; where he could grapple him. That was the way Dom
would attack a man with a revolver. So he gave the honeyed invitation
to the boy to go into the saloon."

Sue


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