The Shelby Republican
A divorce is issued to
Edith McCorkle from Fred Vernon McCorkle in the complaint filed by the plaintiff.
Thursday October 18, 1923
Contributed by Barb Huff
The Shelby Republican
That her husband told her that he did not care for her, and that drinking and
gambling were the only things he did care about, Mrs. Edith McCorkle
telephone operator at Marietta, has filed a complaint for a divorce in the
Shelby circuit court. Wilbur Israel represents the plaintiff.
Thursday August 2, 1923
HUSBAND DRUNK EVERY NIGHT
So Charges Mrs. Edith McCorkle,
DRINKING AND GAMBLING
They were married March 18, 1922, and separated October 23, in the same year.
Mrs. McCorkle says that her husband failed to provide a home, and that they live
with her parents all the time they were married, with the exception of a few
weeks they were in Indianapolis.
McCorkle told his wife that he did not care for her, and that he did not want
any woman tied to him, according to her divorce complaint.
The plaintiff asserts that when she purchased a new dress that her husband
slapped her and abused her. She charges that he was intoxicated almost every
night, and that he sold all of their furniture, without her consent.
Contributed by Barb Huff
The Shelby Republican
Court assembled yesterday at 10 o'clock and it was but a short time until the twelfth man was secured and both parties
accepted the jury, which is composed of
Thursday, December 27, 1883.
Volume XVIII. Number 44
THE KENNEDY CASE.
THE STATE CONTINUES HER EVIDENCE.
By Examination of Various Persons
who were Eye Witnesses
of the scene Detailed.
John T. Briley,
P. F. Kennedy,
W. P. Ferrier,
T. J. Conger,
Newell A. Ellis,
John W. Henry,
James L. Donnelly,
W. T. Davisson,
The witnesses for the
state, about forty in number, were called. The defense did not call their
witnesses by name, but all who were in the house, who had been subpoenaed, were
called forward and the whole lot, sixty or seventy, were sworn by Clerk
Gorgas. They were instructed by Judge Hord and sent
out of the court room. This done the clerk was instructed to swear the
jury. This was Clerk Gorgas's first jury, and as he stepped in front of
them and the twelve men raised their hands toward Heaven and solmenly[sic]
swore to well and truly try the cause at issue and a verdict render according to
the law and evidence as they should answer to God, a stillness almost as of
death reigned, as it was a question of life or death that they were called upon
Deputy Prosecutor Wray,
in a short but concise manner, made the "statement" of the case for
the state, reading the indictment and the law under the indictment under which
it was drawn.
It is evident that the
attorneys on both sides are alive to the interests involved in the case and that
the case will be most stubbornly fought.
was the first witness called. He was examined by Prosecutor Staff.
He was regarded as a very important witness, as he was barkeeper for Barney
Hardebeck at the time and it was in Hardebeck's saloon where it was
claimed the trouble originated which lead to the killing of McCorkle.
Isaacs said he was slightly acquainted with Ed Kennedy and
identified him in the court room. Said that Ed and Gib Kennedy
came into the saloon and demanded whisky; that he had refused Gib several times
but that rather than have any trouble, he gave them whisky; said that there were
a good many in the saloon, that almost as soon as the Kennedy's came in fighting
commenced and that he had sent for Sheriff McCorkle. McCorkle
came in and asked what was wanted, and he pointed to these boys. McCorkle
went up to Ed Kennedy and took him by the arm. Ed Kennedy hit McCorkle
with a slung shot in the back of head and pretty nearly knocked him down; saw
Kennedy have revolver before McCorkle came but heard him say nothing about using
it. McCorkle was in the saloon about three to five minutes; went out of
saloon with both Kennedy boys, when I went behind ar and remained at window
looking out until I heard a shot. Last saw of Kennedy's revolver i fell on
the floor while he and McCorkle were scuffling. Heard two shots but do not
know who fired them.
Cross-examined by T.
B. Adams. On cross-examination Isaacs told where he lived, how long,
etc., described the building in which Hardebeck's saloon as to the position of
the bar, billiard tables, doors, windows, etc. Said the saloon was full of
people all day; that there was a great deal of fighting; that the Kennedy's and
a lot of men with red breeches were fighting, principally fighting Bill
Craycraft; that finally these men took Craycraft and laid him under
the counter, but the fighting did not stop. At one time Craycraft wold
have been knocked down if the red-breeches boys had not held him up.
During the time I was dodging around to keep from being killed, sometimes was
under the counter, sometimes was on the counter, sometimes dodging rocks and
bricks and sometimes knocking or pushing men down; knocked down three or
four. After I heard shots I got down behind the counter and went to
waiting on customers. Seen McCrockle taken around Flaitz's
corner. He was then asked if he had not made certain statements
before the grand jury, which were named, that were inconsistent with his
evidence. Of this he was not sure. These questions were asked for
the evident purpose of impeachment, and Isaacs was allowed to quit the stand.
Court then adjourned.
At the calling of the
court morning Prosecutor Staff filed an affidavit stating that memorandas of
evidence taken by the prosecuting attorney at the time of the indictment was
found against Kennedy, were as he verily believed in the hands of the attorneys
for the defense and that as they were papers belonging to the case he asked that
the court compel said attorneys to turn them over to the state. In
reply Len J. Hackney stated that the memoranda refered[sic]
to was private notes which he as prosecutor made at the time and were not papers
that belonged to the office of prosecutor. He further stated that said
memoranda had been used in the cross-examination of Mr. Isaacs, but would not be
used again. Upon that statement the court refused to order said papers put
in possession of the prosecution.
county surveyor was the first witness for the state. Examined by Mr.
Staff. He had drawn a plot of that part of the city where the trouble of
Oct. 9, 1990 occurred, and his evidence only went to explaning[sic] this plot
and giving distance from point to point.
Richard H. Thralls
was then called and his examination commenced by Mr. Staff. He testified
that he was Oct 9 1880 a constable for Addison township. That there was
trouble in Hardebeck's saloon, that he was sent for to quiet the
disturbance. That he called Sheriff McCorkle to go with him, when they got
in there was fighting going, defendant, Kennedy was fighting. McCorkle
attended to Kennedy while I looked after John Basset, fight soon
broke up, McCorkle and defendant, Kennedy, went out at east door, saw no trouble
between Kennedy and McCorkle while in the house, I went out at north door
where Bill Arnold, and Wm. Bowman was having
trouble. McCorkle and his party halted on side-walk, McCorkle and
defendant then started across street, crowd followed, when I got to McCorkle
crowd was on east side of Broadway opposite rear of brick building (Mooney's
saloon). At that point crowd halted and McCorkle ordered the crowd to go
back as there was no trouble. McCorkle then told defendant to go
away. Defendant, Gib Kennedy and Robertson had gone out
toward center of street. McCorkle and witness turned back toward crowd;
crowd was strong and pushing, as we turned back shot was fired by defendant;
couldn't locate first shot by sound; McCorkle said "My God I'm shot;"
saw no other pistol than the one defendant had; defendant after shooting went on
down street and had gotten over on south side where there was no more fighting;
defendant went down alley by Dr. Fleming's, think John
Curson was with him, saw McCorkle after he was shot; shot about 1
o'clock, died next day about 10 o'clock; only knew of McCorkle being called once
to go to Hardebecks.
Cross-examined by T. B.
Adams. We went in at the north door. There were a hundred in the
room. Kennedy seemed to be in trouble with the bar-keeper; I could not say
positive. Isaac's was in trouble with Gib Kennedy. The first I
noticed of John Bassett he was engaged in a fight with Howard Lee.
The defendant was near the north door, and a screen was between McCorkle and
Kennedy. The crowd pressed east in the room, and Kennedy was fighting and
backing out. Kennedy was fighting; I did not see him strike any one.
The crowd was surging east; part of the crowd facing Kennedy and part not, but
the crowd was surging east. When I went in I saw the defendant and his
brother, Isaac's, and others. The first thing McCorkle did was to command
the crowd to dry up the racket. McCorkle then came in contact with Ed.
Kennedy and took him out. Next I saw Howard Lee and John Bassett
fighting. I never saw Bill Craycraft in the saloon. If he was I
never saw him. I did not see any red pants boys in there. I did not
see any bricks and rocks flying. I did not see the window broken.
When I went in the room was crowded ful, from 75 to 100 people. At the
time of the fight in the saloon between William Tucker
and William Bowman, Kennedey[sic] and McCorkle were on the
street going east. They were followed by a crowd of a hundred or
more. Howard Lee was with the crowd, moving east. The whole crowd
was moving east. Lee was near McCorkle, I was neaer McCorkle. We got
east of the brick guilding. I did not see the first shot fired. Not
much time between the two shots. I saw the second shot fired. I
don't want to be understood as saying I saw the shot fired which hit
McCorkle. I saw the flash and the smoke of the revolver in the hand of
Kennedy. I don't tell the jury that I saw a light from the revolver.
I don't know who fired the first shot. I did not see Charley Neal
there at the time, not that day. Did not see Lee at the time the shots
Howard Lee -- I
knew Ed. Kennedy in October, 1880. I was in the city on the day of the
shooting. I was standing on the street in front of the saloon. I
heard a terrible fussing the saloon. Soon there was a call for
McCorkle. He asked me to go with him. I think Thralls was
present. We went into the saloon; there were fighting in there. I
saw the defendant in there, saw Alf Isaacs. McCorkle asked what is the
matter in here, Isaccs[sic] says you see what is the matter. McCorkle
commanded the peace; at this time he was struck. I am not positive the
defendant was in there. I think I saw McCorkle and Kennedy together.
I think McCorkle had hold of him. The last I saw of them they appeared to
be making their way out of the house; I won't say who struck McCorkle. My
impression was, that it was the defendant; I don't want to be positive; I went
out and crossed the street to where McCorkle was. They were in front of
the crowd. McCorkle said to the boys "go on out of here and have no
more trouble." Some one shoved McCorkle, I was close by' I heard one
shot fired. There was a general fight in the saloon.
McCorkle went in to the saloon ahead of me. There was fighting in
there. I was not engaged in a fight with John Bassett at the time
McCorkle went in. I don't know who was fighting. I saw general
fighting going on in there. Thought I saw defendant when I went in; am not
positive. I think the defendant was near the west end of the
counter. I don't think the defendant was pressed east by the crowd in the
saloon. I had a talk with Albert Wray just before I
came in; he did not tell me what Thralls said on the stand. A big crowd of
people on the street. I think there was fifty or more in the saloon.
At the time I heard the first shot I was engaged in getting up off the
ground. I had been knocked down. I was not engaged in fighting in
the saloon except to defend myself. I am not positive that I knew the
defendant in the saloon. There were men in the saloon dressed in red
pants. I was hit on the head with a slung shot; don't know who done
it. I think there were some three of the red-paints follows hit me over
Robert Titus -- I was standing
on Conrad's corner when the crowd first came out of the saloon. I
saw somebody throw their hands up and say "stand back or I will shoot
you," the shot was fired. The shot was fired soon after the revolver
was flourished. I think the same person fired both shots. I never
saw McCorkle from the time he was shot until he was dead. At this point I
was hit with a club and knocked down and I don't know anything more about
it. The man I saw flourish the revolver was on the south side of the
street, by Heiss's bakery. I was not knocked down before the
shots were fired.
From Saturday's Daily.
James -- Examined by D. L. Wilson. Knew McCorkle; did not know
Kennedy. Was in town October 9, 1880. Was near Schroeder's when I
heard a racket in Hardebeck's; went into Hardebeck's and McCorkle was in there
and had hold of some one. He was going toward the east door. First
saw the at the west end of the counter. The party McCorkle had hold of
said, "let go of me, G-- d--- you; think he said it twice. McCorkle
said, "behave yourself and I will." Saw McCorkle fall to his
knees as if he had been knocked down. McCorkle and party had went out of
the saloon at the east door and I think they went square across the
street. I went back to Schroeder's corner, and was there when I heard the
shot fired. The crowd was on Broadway; when I heard the report I ran
across to where the shots came from; met McCorkle 20 or 30 feet from corner of
brick building, now Mooney's saloon. McCorkle said when I met him:
"I'm shot, take me to a doctor." He said Ed. Kennedy shot
him. The party McCorkle had fuss with in the saloon was a small,
boyish looking person; would not know that person now; only know Ed.
Kennedy by having had him pointed out to me
Cross-examined by T.
B. Adams -- Saw McCorkle coming out of the saloon as I went in; several others
were in the saloon, but did not know who. Did not see McCorkle go in;
think saloon doors were open. Did not stay in saloon long, not more than 3
to 5 minutes, went back to Schroeder's corner; don't know who was with me.
Was not on East Broadway with Robert Titus and Wyatt
Barnes when shots were fired. Did not walk down East Broadway in
advance of crowd. Don't know how many people were in crowd; might have
been 100, 150 or 200 -- right smart of a crowd. McCorkle was walking alone
when I met him. Yearling came up in a second or two and took
hold him; nobody had hold of McCorkle when I got to him. Dick Thrall
did not have hold of him; think Dave Wilson and
Yearling got to McCorkle about same time.
Robertson, examined by Albert Wray -- Knew Albert
McCorkle and knew Ed Kennedy. Live at Rushville now. Was in
Shelbyville Oct. 9, 1880. Remember disturbance in Hardebeck's saloon on
that day; was on the street when heard racket, and went in at north door; pretty
near everybody was fighting; stayed in there perhaps half minute; saw Andr.
Ensminger, Howard Lee, some of the Bassetts
and Bowmans, but did not see defendant. Saw McCorkle out of
saloon and the crowd go across the street toward Mooney's saloon and stop on the
corner; went over where they were; McCorkle was talking to Ed. He told Ed.
to go on home; don't know what Ed said. I asked Ed. to go with me.
We started toward Dr. Fleming's office, I on one side and Ott Kennedy
on the other side. As we started some one in the crowd said "if you
don't take him out I will." Don't know who said it; it seemed to be
some one on the corner. Ed. said, "you will, will you?" and
turned and fired. We were about 40 or 50 feet from the crowd and about
opposite back gate in rear of the Mooney saloon. Heard two shots; did not
see Ed or McCorkle until crowd stopped. Saw McCorkle after Ed and I
started off, looked back over my shoulder. After the shooting Joe
Patterson started after Kennedy when he leveled his revolver at him
and told him to stop or he would give it to him. Kennedy then went down
the alley at Dr. Fleming's, which was the last I saw of him. Saw nothing
more of McCorkle; did not know he was shot until I went back to the corner.
T. B. Adams -- Ed Kennedy said he would go with me and I started with him;
left him after shot was fired and went back to the Goble corner (now
Mooney -- Ed.) after talking with Jerry Weakly. Crowd stopped
on Goble corner; McCorkle was a few feet in front; crowd was not following us;
McCorkle was not 60 feet down Broadway. Did not see Dick Thralls
or Bob Titus. Howard Lee was south of us about tow-thirds
across Broadway; he was hit with a brick before the shooting. Kennedy was
about the middle of Broadway when he fired. Howard Lee was south of west
of Kennedy when the shot was fired and McCorkle was on north sidewalk near
Goble's corner; Lee and McCorkle were 25 or 30 feet apart. First
shot was fired toward Goble corner, or northwest and second shot was fired
southwest or toward Heiss' corner; am not certain which was the first shot was
fired but am positive second shot was fired toward Heiss' corner. Crowd
stopped when shots were fired. Defense announced that this witness would
be recalled for the purpose of asking impeaching questions.
was called and stated: Live four miles from town. Knew McCorkle but
did not know Kennedy. Was in town the day of the shooting. I heard a
disturbance in the saloon. There was a general row; heard the men
swearing. I seen these men who were fighting; was on the corner of the
brick building. In a few moments the crowd came out of the saloon.
McCorkle was in the front of the crowd. Can't say any one was with him
when McCorkle passed me; I heard him say, "go on; I don't want to arrest
you." They went 30 or 40 yards in a south easterly direction. I
followed the crowd. I turned around to some one behind me who were
fighting when the shots were fired. There were two shots. The crowd
rushed toward me. I saw McCorkle coming out of the crowd and he
said: "I am shot." He said Ed. Kennedy shot him; also,
"take me to a doctor." Dave Wilson and I took him
up stairs over Dick Flaitz's shop and laid him on the bed. We
remained there some two hours. Dr. Kennedy examined the wound. After
the shots were fired; great confusion prevailed. I saw some one go into an
Cross-examined -- There
was a large crowd of people on the street; they went east in a walk; there were
some 75 persons in the crowd going east; there was considerable running when the
shots were fired; the crowd came out of the north door. I did not see the
shots fired. I did not see McCorkle the time of the shooting; I know he
was in the crowd. They were not on the north side of Broadway at the time
the shots were fired. I was not in front of Flaitz's at the time the shots
were fired. Richard Thralls did not have hold of McCorkle first.
Josh James did. I did not hear any conversation between James and
McCorkle. The shooting occurred in front of Dr. Fleming's office.
examined in chief -- I live in East Hendricks township; I knew McCorkle for 5 or
6 years; I was here the 9th of October 1880, at the time of the fight in the
saloon. I was on the brick corner; I saw McCorkle come out of the saloon
with the young man; they came across the street; I walked out to meet them and
follwed along after them; McCorkle was dragging Kennedy along by the coat laps;
McCorkle told Kennedy to go home as this was no place to row; Kennedy called
McCorkle a son-of-a-bitch and fired at him; Kennedy was standing east and shot
back west; shot towards McCorkle. He shot with a revolver when the boy
called him a son-of-a-bitch. McCorkle started toward him and Kennedy
fetched his revolver out from under his coat-tail and fired; two shots were
fired. I was 20 steps from the defendant when he fired. The crowd
was north of me. When the crowd first started east I crossed over in front
of Kennedy and the whole crowd; McCorkle dropped forward and said, "boys I
am shot." Kennedy run down the alley by Dr. Fleming's and that was
the last I saw of him; Kennedy run away; he left right away. I saw
McCorkle on Sunday, at his dwelling house; he was dead.
Adams -- I was not examined before the coroner at the time I came to town that
day, because it was a big day. I was near the old Goble property when I
first saw the trouble; some 20 feet from the building on the side walk. I
first saw McCorkle and the boys coming out of the saloon door ad went east to
the Heiss corner. I stood near the brick corner until they got half way
across the street when I walked out and followed them.
McCorkle pushed the boy and he walked a few feet; there was a whole gang of men
following down. McCorkle did not come across to the Gogle corner, nor did
McCorkle turn the boy loose and Albert Robertson and
Otto Kennedy go with the boy down the street. McCorkle went down
the street ahold of the boy. There was a crowd going down the street with
the boy. Albert Robertson and Otto Kennedy did not each take hold of the
boy and walk down street; nor did Kennedy jerk away from Robertson when he
shot. Mike Yearling and Dave Wilson were
the first men who grabbed McCorkle when the shot was first fired.
Neither Josh James nor R. H. Thrall were
the first men who took hold of him when he was shot. I think the last shot
took effect; the first shot was not in the direction of the Goble corner; the
boy ran as soon as the second shot was fired. Not all the of the crowd
run; I did not run. Josh Patterson did not run at the boy,
nor did the boy draw a revolver on Patterson.
Ensminger -- I knew both Kennedy and McCorkle; was in Shelbyville on
the day of the disturbance, at the time it commenced I was in front of Conrad's
saloon in the street in company with McCorkle, he was not called while I was
talking to him. I heard the disturbance; it sounded like men fighting and
knocking; McCorkle went over and asked me to go with him; went to the door and
saw it was pretty hot, and stopped there. Some one started in and someone
straightened his arm on him, and he stopped. I was one of the
Tucker boys. I turned and walked across the street. As I
left the row was still in progress. I went back to the brick corner.
I saw McCorkle come out of the saloon. The boy was with him when they
crossed the street; the crowd followed up. Bert said to the boys, "go
off and behave yourselves now or I will arrest you." The boys walked
a short distance. Then was when McCorkle was shot; the defendant shot
McCorkle; McCorkle turned to me and said he was shot. Kennedy said to
McCorkle, "you son-of-a-bitch," and shot him. McCorkle said
"Andy I am shot." Josh James came up and took hold of him by the
arm. They took him up over the butcher shop. Don't know what became
Cross-examined -- I lived
in town at the time. McCorkle came out of the east door. I saw
McCorkle go in at the north door. I walked from the door to the brick
saloon steps. McCorkle and the boys came across to the corner. I
went up and began to talk to McCorkle for a little bit. The boys went off
from Bert some 15 feet; Bert stood there until he was shot. The shooting
did not take place in front of Bob Wiles. The crowd did not
come out of the brick saloon and go down to where McCorkle was shot.
McCorkle did not follow the boys down in front of Jerry Weakly's,
not did the shooting occur there. I was talking to McCorkle at the
time. There was a hundred men in the crowd. The first shot took
effect. McCorkle did not throw up his hands after the second shot was
fired and say "I am shot." Thralls did not take hold of
him first. I saw the defendant at the time the first shot was fired he was
some 15 feet from McCorkle. Albert Robertson and Gib
Kennedy were with the defendant. Robertson and Kennedy did not
have a hold of each arm of the defendant, going east. McCorkle's back was
not toward the defendant at the time he received the shot, nor did he turn round
and receive the shot in the breast, I did not testify before the coroner's
jury. I believe I was before the coroner's inquest.
-- I live in Fowler, Ind. I was in the saloon business here on Harrison
street in 1880. It was known as Hardebeck's saloon. There was a
difficulty in there on the 9 of October 1880. I knew McCorkle at that
time; he was sheriff of the county. I was in the saloon at the time, I
went out to get McCorkle; I found him. McCorkle went in; I found him on
the street. I requested him to go in; he went in. I know
Kennedy. I don't know whether he was in the fight or not. I saw him
when the crowd went out; he went out with McCorkle. I saw them by the
door; they went out the east end door. The crowd went out; I then locked
up the saloon. I saw them on the outside. I was looking through the
window. We cound see over the frosty glasses. Isaacs was
looking out also. They went to Heiss' corner. I don't know who was
in advance of the crowd as it moved off. I heard one shot. I was
standing in the saloon at the time. I did not see Kennedy in my sallon.
I saw him when he went out. I did not see Ed or Gib
in there before I called McCorkle. There was considerable fighting in the
Cross-examination -- My
building was 100 feet' room was not divided; there were tow windows on the east
front of the building. I asked no one to come in to quiet the crowd
McCorkle [?]. I think Craycraft was in there
fighting. I don't know who was in the fight. I kept the bar
myself. The defendant did not get any thing to drink there that day; he
never got any thing at any time. I first saw the defendant when he went
out. McCorkle was not knocked down at the door; if so I could have seen
it. They went out the east door. After the crowd went out I closed
the saloon all day; no more liquor was sold that day; no more got in that
day. Did not see the parties after they were in the center of the
street. Did not see McCorkle struck with a sling-shot and knocked behind
the store. The stove was this side of the pool table; it was in the center
of the room. I was behind the bar; counter 2 feet wide; 4 feet from south
wall; building 22 feet wide. The beer chest stood near the wall. I
was in the saloon in the forenoon. The boys were not in there in the
forenoon. Isaacs and Purdham tended bar
also. I went to dinner at noon; was gone 3/4 of an hour. The crowd
went out the east door. The north door was locked for an hour and half
before that time.
John Shaner -- I
knew McCorkle in his lifetime. Know Kennedy when I see him. I was in
Shelbyville on the 9 day of October 1880. Remember the trouble in
Hardebeck's saloon. I was standing on Conrad's corner. Saw Defendant
and McCorkle come out of the saloon a the east door. They started across
Harrison street to the brick corner. When the crowd came out of the saloon
I started across ahead of them. I saw the young man fire the two shots at
McCorkle. I was standing near the brick building; they were south of
me some 20 feet. The defendant drew his pistol and fired tow shots.
I don't recollect what
was said at the time. Think McCorkle said something about being
shot. I can't remember the works he said about ein shot. Think he
said "I am shot." Don't recollect of any thing farther being
said. Did not hear him say who did the shooting. Did not see the
defendant after the shooting. Saw the defendant before that day in
Hardebeck's saloon. Could not hear what McCorkle and defendant said
as they crossed Harrison street east. Saw McCorkle after he was dead, in the
court house. Was not in Hardebeck's in the fore noon.
Cross-examined -- Is
Staff, the man you pointed out as doing the shooting:
No sir, the man behind
Did not go in the saloon
that day. Did not say I saw the defendant in the saloon that day.
When I first saw McCorkle I was standing on Conrad's corner. McCorkle came
out of the east door of the saloon holding the defendant. They started
across the street toward the brick corner. They might have gone 60 feet
down East Broadway from the brick corner. They halted once and all
halted. The defendant moved on and halted. Albert Robertson and Otto
Kennedy did not take hold each arm of the defendant and move east on Broadway,
leaving McCorkle standing on the north side of Broadway; nor did Ed. Kennedy
jerk his right arm loose from Robertson, turn around and fire. Kennedy
walked with his face to east. McCorkle was some 30 feet from
defendant. Two or three boys were with him. The crowd gathered in
from all sides to see the racket.
Was there to be a racket?
None that I know
of. I was going down to see what was going on; the space was open where
the boys were going; the boys were making a good deal of fuss. Was 15 feet
from McCorkle when he was shot. Some 10 or fifteen feet from
Kennedy. Heard what McCorkle said when he was shot, he spoke pretty
loud. 100 persons, more or less, were making down street, east. Did
not notice any building on Broadway so as to locate the place of the shooting my
whole attention was given to what was going on. At the time the first shot
was fired my yeses were directed right at the flash. My eyes were in the
same direction when the second shot was fired. Then I saw McCorkle throw
up his hands and say, "I am shot." Did not know at the time
whether the revolver was direct at McCorkle or not. Don't know whether
McCorkle stepped within the line of the revolver at the time it was
pointed. Do not know Charley Neal, unless it is our
shoe-maker Charley. Saw the defendant in Hardebeck's before that
day. Did not know him. When I do not know a man I make it a rule to
ask who he is. Saw the defendant also walking round town on former
days. Did not know Otto or Gib, but knew the defendant by
his face. Do not know Tom Kennedy. Do not know what
became of the boys after the shooting. After the shooting the crowd run; I
did not, but stood still.
-- I live here; have for the past 27 years; knew Albert McCorkle in his life
time. In 1880, was engaged in selling beer. Saw the crowd that day
coming out of the saloon. First saw the crowd in the brick saloon.
Saw McCorkle and defendant come out. They passed the tail-end of my
wagon. They halted near the brick building on Broadway. The shouting
took place there; the first I saw, there was some clubs flying. Thought I
saw some one hit Howard Lee. When they passed my wagon I heard McCorkle
say to this man Kennedy, "I want you to go home." Over by the
brick building I heard Howard Lee say there was nothing wrong, and was trying to
keep the crowd back. McCorkle and Kennedy walked over to the south side of
Broadway. When Kennedy got into the gutter on the south side, he took out
a revolver and fired at McCorkle. Kennedy was some 15 feet away. I
was standing on my wagon and could see. I did not see any revolver.
I saw the defendant fire two shots. Saw the defendant throw up his hands
and also saw the smoke.
My wagon was on the
crossing of Harrison and Broadway, near the center of the street. When the
crowd came out they passed the tail-end of my wagon; seat is on the front end of
wagon. There were some 200 or 300 people in the crowd. McCorkle had
the defendant. The defendant's brother was with him. I had a saloon
in 1880; Gib was with them. McCorkle had the defendant taking him away
from Hardebecks's; they were walking side by side. They crossed over to
the brick building; they then went south-east to the side walk; they then took
the regular path east; at the time Ed did the shooting he was some 15 feet east
of where McCorkle left him. He was on the edge of the sidewalk when he
shot. Did not see any pistol in the hands of Kennedy. Did not say he
fired the pistol. Don't know what it was he shot. At the time the
first shot was fired there was a good deal of fighting. I saw clubs flying
in the air. After the second shot was fired the fighting ceased.
re-called by the defence[sic] -- Did not see Ed. Kennedy in my saloon with a
revolver; nor did he throw a revolver down on the counter and say he would have
liquor or he would tare up the saloon.
Jacob Theobald --
Came to this county in 1854 or 55. Know McCorkle and Ed. Kennedy.
Was here October 9th, 1880. Heard the trouble in Hardebeck's saloon.
Was standing on the steps of Hiess'[sic] bakery. I heard a great deal of
noise in the saloon; saw the glass broken out of the east end window; saw a
crowd coming from the saloon; saw Kennedy and McCorkle come out and go
east. They kept on going east and cut down to the brick building.
McCorkle said to the crowd to keep back and stop fussing. Kennedy moved
on. Some one said "you damn son-of-a-bitch." Kennedy fired
two shots, and at the second shot McCorkle threw up his hands and said,
"Oh! God, I am shot!" Was within 4 feet of McCorkle when
he was shot. Saw the pistol in the hands of Ed. Kennedy. It was
pointed at McCorkle.
Cross-examination -- I
came here that day to the speaking. At the time of the trouble was on
Heiss' bakery corner. Saw the crowd come out of the saloon. The
crowd did not go over to the Goble corner. I saw them after they were on
the street. They were going east; they kept on going east. They got
opposite the east corner of the building. The man was standing on the side
walk, south side, when he fired. Was not down in front of Dr. Fleming's
office. There were several boys in front of McCorkle. Some 15 or
20. There were 75 or 100 men in the crowd moving east. There was
some fighting. The boys were not fighting. Don't know who said
"you dam son-of-a-bitch." It was said in a loud voice. Was
looking at the boy at the time the shot was fired. The crowd walking on
down after the boy when he walked down Broadway, when told by McCorkle to go
on. The boy was walking along quietly and not saying anything.
The crowd ran the other
way after the shots were fired. Went from the speaking to the Heiss
corner. Went away during the speaking was going on. Stood on Heiss's
corner until the crowd came out late into the street. Was talking to
Joseph Midkiff. Left the steps on the corner and went to
McCorkle. Was some 4 feet from him when he was shot. Did not see R.
Thrall; Bob Titus, Howard Lee, Andy Ensminger, or
Mike Yearling there, at that time. I stood west of
McCorkle. The boy was southeast of McCorkle. McCorkle did not throw
up his hands when the first shot was fired. One shot was not fired toward
the Goble corner and the other toward the Heiss corner. The boy spoke
to Joe Patterson and told him to go back or he would shoot
him. McCorkle had not turned round and started back when the shot was
fired. I live in Liberty township.
From Monday's Daily.
-- I live in Hendricks township, know Kennedy and knew Albert McCorkle.
Saw Kennedy the first time the day of the shooting; was here the whole
day. I heard considerable noise in the saloon, and I stepped inside the
door to see what was going on. The saloon was full of men. Blows
were struck; the crowd was fighting, and heard the glass break. Saw
McCorkle have hold of defendant in the saloon. Kennedy was pulling back,
cursing and swearing. McCorkle pulled him out the door. The crowd
also come out. Defendant and McCorkle took a northeast course across the
street. McCorkle told him to go home; Gib said if he would let go of
him he would take him home. They moved to the east corner of the brick
building and Robertson came up and Ed said he would go home with him, as he was
a good friend. Robertson caught hold of him by the right arm; did not see
the shots fired; did not see defendant after the shots were fired; neither did I
Cross-examined -- I came
to town that day because I wanted to. I live 11 miles from town.
Trouble occured about 3 or 4 o'clock. Saw Kennedy and McCorkle come out of
the saloon. Don't know Gilbert Kennedy. Gib was pulling back
on Ed and did not want McCorkle to take Ed. Billy Shaw and George
had a hold of Ed. and McCorkle had hold of his right arm. Gib had Ed. by
the shoulder pulling back. They stopped in the street near the back.
When they crossed the street did not see Robertson or Ott Kennedy
with defendant. Albert Robertson took hold of Ed's right arm and walked
east; also Gib. Part of the crowd then turned back; I also turned
back. I was standing on the street talking when I heard the shots.
McCorkle went into the east end of the saloon; I went in at the same time.
McCorkle, as he went out, was not knocked down. They did not go across to
the Heiss corner. This was between 3 and 4 o'clock. There were 75 or
a hundred persons on the street after coming out of the saloon.
George Tucker --
Was in the city Oct. 9, 1880. Knew McCorkle in his lifetime; know the
defendant when I see him. Was in Hardebeck's saloon when the trouble
occurred; was sitting on the north side of the house; there was fighting in
there; saw McCorkle come in; he pushed forward in the crowd; saw him take hold
of Kennedy. Know Gib Kennedy when I see him. There was a good deal
of striking at McCorkle; don't know who did the striking. I took hold of
Ed Kennedy at one time; they got Bud clear away from them. We started out
of the house with Ed; I let go and followed the crowd out. Went over by
the brick building. McCorkle then let go of Ed and pushed Ed. Ed
said, "yes, you will pay hell." Bud then grabbed at him.
Ed went on out and then fired. First shot missed; the second shot took
effect. Bud threw up his hands and said he was shot. The defendant
went down the alley by Dr. Fleming's; was 40 feet from defendant when he
fired. Kennedy was on the south side of the street. The defendant
was 30 or 40 feet from McCorkle when defendant fired. Saw the pistol in
Kennedy's hand. Saw defendant before he passed into the alley. Saw
McCorkle when he was shot; was standing right by him when he was shot.
Don't know who took hold of him. Kennedy pointed in the direction of
McCorkle. Nothing was said by defendant at the time.
Cross-examination -- The
troubel[sic] occurred after dinner. Could not say how soon after
dinner. When the trouble began the saloon was very near full.
McCorkle came in the north door and pushed on into the crowd where the fighting
was. I could not say that the crowd was pressing on Ed in the saloon
and he was fighting them back, and took hold of Ed. The crowd was
pressing him east in the saloon. Saw a good many red-pants fellows in
there. Also John Thrasher and Jno. Shaw.
They pushed McCorkle away and I took hold of them. I let go before they
went out. Billy Shaw had hold of Kennedy over on the side
walk by the back. McCorkle then gave the boy a push and told him to go on
home. McCorkle then went one jump down the street and grabbed at Ed.
McCorkle made the jump when Ed. said, "you will play hell, taking
me." McCorkle was about 10 feet from the big ditch; he remained there
until shot. Kennedy was on the south side of the street down in front of
Fleming's office. There was fighting before the shot was fired. Did
not see any clubs and rocks flying through the air. Saw Howard
Lee on the south side of the street. I am acquainted with
him. I was looking at the boy. He was going along quietly.
Kennedy turned round and fired at the crowd. When he was shot, I was
within 5 feet of McCorkle. McCorkle was facing toward Kennedy.
McCorkle moved when the second shot was fired. Did not see him, as I was
looking at Kennedy. No difference in the two pistol reports. Mc- had
not returned round when the shot was fired; he was facing Kennedy. Saw the
boy until he turned the alley. Was not running but walking away.
Kennedy did not stop after the shooting. Was not engaged in the fight in
the saloon. I came to town because there was something going on. I
am a farmer, and live 8 miles from town.
Hiram Conner --
Live in Jackson township. Knew Albert McCorkle. Saw
Kennedy several times. Was in Shelbyville, Oct. 9, 1880, and heard the
trouble. I looked over the sash in the saloon window on the north side;
saw fighting in there. Only saw McCorkle in there. Saw McCorkle
pushing toward the front and motioning to the crowd to go back. I went
east on the the [sic] street and McCorkle as going east and telling the crowd to
stay back. Saw the defendant with McCorkle. Know Gib Kennedy.
The defendant was in front of McCorkle, the latter was telling him to go on or
he would arrest him. I went east to the Heiss grocery. Saw Kennedy
draw his revolver and fire. Did not hear defendant say anything.
There were several persons with Kennedy after he shot. Kennedy was 12 or
15 feet from McCorkle when he fired. I saw the pistol; Kennedy had
it. Kennedy was northeast of McCorkle when he fired the shots. The
shooting was beyond the grocery building. They were on the south side of
the street. Did not hear McCorkle say anything when he was shot.
Cross-examined. -- Live
12 miles from town. Usually come to town on Saturday. Was in the
street all the time of the trouble. The windows were not raised from the
bottom. The men did not tumble out at the windows. I looked over the
windows into the saloon. Saw McCorkle on the street; he was walking
along. He was going east. Angled across to the Heiss building.
McCorkle was a little northeast of the street in the middle of Broadway.
He went east beyond the building on the corner of Broadway. Did not go
down to Bob Wiles' property. McCorkle stood on the
south side of the street, stood down in the ditch. Kennedy stood northeast
of McCorkle 20 feet from the sidewalk. I was standing within 4 feet of
defendant. I was standing northwest of Kennedy. The largest crowd of
people stood west of McCorkle. Did not hear defendant say anything.
Saw the pistol, saw it come from his coat. Kennedy had on a frock
coat. Right smart of fussing going on in the crowd. Did not
understand what the crowd was saying. Don't know what caused the crowd to
come down. McCorkle did not spring or grab at Kennedy. The crowd
scattered when the shots were fired. Defendant did not run away; I saw
Re-examined by the State
-- The defendant fired southwest. He fired at Bert McCorkle.
Re-examined by the
Defense -- I saw the revolver pointed at him; saw it pointed and heard the
shots. Saw the first and heard the second shot. Don't know whether
second shot hit McCorkle or not.
Erastus Carson --
Have lived here four years. Know McCorkle and Kennedy. Was here the
day of the trouble. I remember the trouble in the saloon. Saw a
crowd of men in front of the saloon. Saw Kennedy and McCorkle in the
crowd. Saw the crowd go over on Broadway near Dr. Fleming's office.
I was in the crowd. Saw defendant on Broadway. I was on the south
side walk. I was on a tree box. Saw defendant in the crowd.
The crowd was west of defendant. Defendant was in the gutter on south side
of the street. Was several feet from the main crowd. Defendant had
revolver in his hand. Saw him shoot. Shot in the direction of the
men in the crowd. I was 25 to 50 feet from defendant at the time.
Don't know where McCorkle was at the time the shot was fired. Did not see
McCorkle after that time. Don't know what became of defendant.
First saw the crowd on the west side walk near the door. They crossed the
street. I clumb up the side of the the [sic] box. The tree box this
side of Bob Wiles' . There was more than 300 or 400
men. There was a good deal of fighting. I heard cursing. I was
excited. Others excited more. Defendant was standing on the street a
few feet from side walk when he had his revolver. I saw both shots
fired. Think the second shot was above the crowd. Thought the
revolver was pointed upward. The shots were not fired one toward the Goble
corner and the other toward Heiss corner. Crowd went down to a point this
side of Fleming's office. Don't think Kennedy was down to Flemings [sic]
office. Did not see Albert Robertson.
-- I live in Jackson township. Knew McCorkle when I seen him. Saw
the trouble on that fatal day. Did not hear anything only a general
noise. I was on the Heiss corner. Did not go inside. Looked
through the saloon window. I saw licks passed inside. Saw McCorkle
inside. Saw Kennedy when he came to the door. Did not hear McCorkle
say anything. He was trying to get a hold of some one. Saw Gib
Kennedy. Mr. McCorkle told Edward Kennedy to go on away or he would arrest
him. They passed down East Broadway. Gib struck McCorkle, and he in
turn struck Gib and staggered him. Was standing ear the center of Broadway
when the shooting was done.
Cross-examination -- Was
here that day. Came to town because it was my business. By my own
free will. I looked over the window. I was present at the speaking
in the court house yard. It was a warm day. Were not the glasses in
the saloon window frosted clear up? I don't remember. I got up and
looked in at the window. Saw the crowd come out. The crowd followed
defendant and McCorkle out. They walked in an easterly direction toward
the Mooney saloon. They crossed Harrison street in he center. I was
mixed in the crowd. The crowd did not go down opposite the blacksmith
shop. I don't remember of running away from the shooting. Don't
remember any noise being made. The crowd was not orderly nor very
disorderly. I saw Howard Lee getting up off the
ground. I judge he was knocked down. Did not see him knocked
down. Saw McCorkle in front of the crowd. Kennedy had gone down a
piece and walked back and fired the shot as he came walking up the street.
Saw Kennedy draw up the revolver and fire. Saw the defendant raise his arm
from his body I saw McCorkle raise his arm to his breast. Did not hear
what he said. Kennedy turned and walked down street. He did not
run. Kennedy was not on the south side in the gutter when the shot was
fired. Albert Robertson did not have hold of defendants arm,
nor did defendant jerk away from Roberson and fire. Saw Gib Kennedy
there. Saw him strike McCorkle and McCorkle strike Gib. Then Ed.
walked back and shot McCorkle. At the firs shot McCorkle throwed up his
hands and said he was shot.
David B. Wilson --
was present on Broadway the day of the trouble. Was standing on the corner
roadway and Harrison. McCorkle said to the boys to go on home and this
fuss will stop. McCorkle was following them on up and saying go on
home. I saw Ed. draw up a pistol and fire twice quickly. He fred[sic]
west. McCorkle and Ensminger were in front of
him. Don't know what Kennedy said. McCorkle threw his hands
up. Mike Yearling was on one side and I on the other.
We took him up to Dick Flaitz's residence. When shot
was fired I was standing right opposite the east door of the Brick building on
Broadway. McCorkle and defendant was a little South of the center of
Broadway and about 10 to 15 feet east of where I was. The defendant was
about 20 or 25 feet from fence on South side of Broadway. Kennedy was from
15 to 20 feet from McCorkle east and a little south. Kennedy was closer to
gutter than McCorkle. Nothing obstructing my view. I saw Clint
Reinhart then. He was from 20 to 25 feet from McCorkle when he
was shot. I and Mr. Yearling took McCorkle to Flaitz's dwelling house
after he had been shot. We took him into butcher shop first and then took
him throgh[sic] a door to stairs from the butcher shop.
First saw McCorkle as he was coming up on sidewalk at crossing on the south side
and perhaps 10 or 15 feet from lamp post. He stood there a minute.
There was a crowd behind him. He stepped off of sidewalk on the east side
of Broadway. Andy Ensminger did not stand on the Goble corner
and talk with McCorkle until he was shot. The defendant was near the west
end of the Wiles property when he shot. I was looking in the direction of
the defendant when he shot. Don't think Albert Robertson had a hold of
defendant. Think Gib had hold of defendant's arm. Defendant did not
jerk his right arm loose from Robertson and turn round and fire. Defendant
did not fire one shot to the Goble corner and the other to Heiss' corner.
Don't think the second shot was fired into the air. Did not see Charley
Neal. Thought Gib Kennedy had hold of defendant's arm. Found a
pistol on McCorkle in the house of Dick Flaitz. I or Squire
Major took the pistol from his pocket. Don't remember
which. I started from the sidewalk as soon as McCorkle was shot and turned
round. Yearling had hold of one of McCorkle's arms when McCorkle made his
statement. Yearling asked him if he was hurt. Did not ask him who
done it. McCorkle made statements as to who shot him.
-- I live in Washington township. Was in this city Oct. 9, 1880.
Heard of the trouble in the saloon. Saw Albert McCorkle crossing the
street with Kennedy. Walked down Broadway and told Kennedy to go
home. Kennedy said "damn you," and bang went a revolver.
McCorkle said "boys, I am shot." Only one shot was fired.
I saw the pistol after he shot; he was holding it in his hand. Defendant
then started east down the street. Gib was with him. I was standing
northeast of McCorkle.
Cross-examined -- At the
time of the trouble was living on South street. Was standing near
the Jerry Weakly property. McCorkle was rather on the
south side of Broadway. He stopped this side of Fleming's office.
The young man said "damn you," or something and turned round.
Did not see McCorkle when the shot was fired. There were some 30 or 40 in
the crowd. Did not see much fighting. The crowd was making some
noise. Saw one rock struck. Was not in the fight myself.
McCorkle turned round and said, "boys, I am killed." Know R.
Thralls, Josh James, D. B. Wilson, Andy Ensming, Howard
Lee, Bob Titus, Clint Rhinehart. Knew them at the time.
-- Live in this township. Waz[sic] here the day of the trouble. Was
on the street and when the fighting egan went down to saloon. Knew
McCorkle. The witness in pointing out defendant in court pointed toward
Geo. E. Toner. McCorkle was trying to take Kennedy boys out.
McCorkle, Kennedy boys and several others went out the same door. Was not
close enough to see who fired the shot.
Cross-ex. -- Did not see
Kennedy engaged in any fight. Saw Billy Tucker strike couple licks.
Did not see Lee and John Bassett have any fight in the saloon.
Did not see McCorkle knocked down at the saloon door. I went into the
saloon to see. Did not see anyone knock McCorkle back over the
stove. The north door of the saloon was not locked for I went out of it.
From Wednesday's Daily.
-- Am 15 years old. Know the defendant and also McCorkle. Remember
the trouble in Hardebeck's saloon. Saw the crowd come out of the saloon.
Saw defendant and McCorkle come out of the saloon. They crossed over to
the brick corner. From there they went southeast on Broadway.
McCorkle said to Kennedy to go on home, as he wanted no trouble. Albert
Robertson and Kennedy went on. Kennedy fired two shots. Saw the
revolver. Kennedy was some 40 feet from McCorkle when he fired. The
defendant was northwest of McCorkle when he fired.
Cross-examined -- There
was a good crowd on the street. The street was full of people. Did
not hear any cussing. I was in the crowd. Saw Howard
Lee and some others fighting. Was 10 feet from McCorkle when he
was shot. Was east of the crowd. I was at the side of te road near
the gutter. Kennedy was opposite Wiles' house, some 40 feet from
McCorkle. Did not see Robertson. Did not see Kennedy jerk loose from
Robertson and turn around.
Kennedy was not on the
south sidewalk. The man who shot was not on the sidewalk. McCorkle
did not make a jump and grab at Kennedy, Kennedy walked away after the
shooting. The crowd numbered 50 or 75 persons. Don't [know] what the
crowd were doing. The 50 or 75 persons I speak of were behind Kennedy,
east, in the street and on the sidewalk.
John F. Hendrickson --
Know McCorkle and the defendant. Was standing on Hardebeck's corner when
the trouble in the saloon began. I went inside of the saloon. I saw
a terrible racket. There was much noise and fighting. Stepped out on
the side walk. McCorkle came out of the saloon with Kennedy, told
defendant if he would behave he would let him go. Some yelled taken him,
and some let him go. They crossed over to the far corner of the brick
building. I walked over to the south side of Broadway; saw defendant run
back and fire two shots. He fired in the direction of the north
west. Kennedy was some 9 feet from the south side walk some 30 or 40 feet
Cross-examination -- I
generally came to town on Saturday. Saloon doors were open. I went
in at the east door: remained only a few minutes and went out. Saw
McCorkle and Kennedy come out. They crossed over to the brick
corner. I followed the crowd. There were not three men ahold of
McCorkle when he crossed the street. McCorkle did not hold the boy until
the shooting occurred. McCorkle went east on Broadway some 30 feet.
The boy ran a little piece turned round and fired two shots. After
shooting Kennedy walked away. Did not stop and point a pistol at Joe
Patterson but his brother did. I followed him to the
alley. There was a large crowd of people on Broadway; some 300 or
400 men; possibly more. No crowd was east of McCorkle. Albert
Robertson did not have ahold of Kennedy, nor did he jerk away, turn round and
fire. Both shots were about the same place. The man who fired the
shots was not standing on the south sidewalk. I was sworn when all the
John Clark -- Live
in Washington township. Was ere the day of shooting. Saw defendant
that day. Was on Broadway about the center of the street. Saw the
parties come out of the saloon. Saw them cross the street. Did not
hear either say anything. The crowd went to East Broadway. Heard two
shots. Did not see McCorkle at the time the shots were fired. Don't
know who did the shooting. At the time the shots were fired Broadway
street was a perfect block of people. I heard McCorkle make a voluntary
statement immediately after being shot. The statement was general.
At the time he was facing in a northeastly direction with his hand up to his
side walking away. I heard him say he was shot.
Cross-examined -- I was
on the crossing running north and south. McCorkle and the boy did not come
over to the Goble corner; if he did I never saw him. Know Andy
Ensminger. The street was full of people. I most generally come
to town on Saturday. Live 8 miles from town. Seemed to be some
excitement in the crowd. The shooting caused the crowd to disperse.
William Clark --
Live in Washington township. Know Kennedy and also knew McCorkle.
Was here the day of the trouble. Was coming from the court house; went in
the saloon as McCorkle went out. Big was along with them. Fighting
was going on in the saloon. McCorkle took Ed Kennedy out and the others
were pulling him, trying to get Ed away. Saw them cross the street; Bud
was telling Ed to go on home and behave himself. They walked down
Broadway. Ed told McCorkle he would go on home, walked off a piece, turned
round and fired two shots. Kennedy fired his revolver northwest in the
direction of McCorkle. After the second shot McCorkle threw up his hands
and said he was shot and turned 'round and walked west. I saw something
shining and saw the smoke. Ed. Kennedy had shot.
Cross-examination -- I
came up to the rally. Was down to the speaking. McCorkle and Kennedy
left the saloon and went east to the middle of the street to the brick
building. McCorkle let loose of the defendant near the Weakly hotel.
Kennedy walked away. There was three or four boys who went with Ed when he
left McCorkle. No man had hold of Ed's right arm nor did he jerk loose,
whirl 'round and shoot. The crowd was west of Ed. There was a big
crowd -- street full. Good deal of excitement in the crowd. Howard
Lee was in a fight at the time of the shooting. Did not see any
fighting before the shots were fired. Did not see Lee knocked down.
Did not see Howard Lee before the shots were fired. Ed's face was west
when he fired. McCorkle was in front of the crowd. The crowd, before
the shooting, extended clear across the street. Kennedy started and run
east to the first alley going north and south. He run as soon as he
shot. I stood on the south side of the street. Was opposite
McCorkle. I heard McCorkle say he was shot. Gib was the one that
pointed his revolver at Joe Patterson and commanded him to
stop or he would shoot him.
L. Brown -- Was at Mt. Auburn on the 9th of October, 1880. Was sheriff
after James Magill went out. I came into office in
November following. Had a warrant in my hands for the arrest of the
defendant. Don't know where the warrant is now. We made
dilligent[sic] search of this county. Had notices printed with a
photograph of Gilbert Kennedy below, with a description of Ed Kennedy and sent
some 300 to different points.
Joseph Midkiff --
Live in Sugar Creek township. Was here Oct. 9, 1880. Knew of the
trouble at the saloon. Was on Heiss' corner; heard a racket in the
saloon. Saw the crowd come out of the saloon. Saw McCorkle and
defendant opposite the Heiss corner. McCorkle told the boys to go off and
he would not try to arrest him. There was a crowd there following down
Broadway. Saw Gib push McCorkle and saw the latter push Gib. Ed
Kennedy said "You will take me, you d--d s--n of a b--h," drew his
revolver and fired. They were on the south side of the street; McCorkle
was standing a little south of the center of the street. I was on the
south side of the street. Kennedy fired both shots in the same
direction. McCorkle threw his hands on his breast and said, "Boys, I
Cross-examined -- Saw the
crowd go east a little north of the Heiss corner. Saw McCorkle in the
crowd. The man who shot McCorkle was not standing on the South sidewalk
but was standing in the gutter. McCorkle was shot about opposite the east
end of the Denny saloon. Defendant was 12 or fifteen feet east of
McCorkle. McCorkle was facing the east. Don't think the deceased
whirled around and received the second shot in his breast. Was not 400 or
500 people in the crowd at the time. Was trying to get out of there after
the shots were fired. I know the defendant whirled round and fired.
Saw him turn round and shoot. Was watching the defendant; that was my
business. There was not two men ahold of defendant. Defendant did
not fire one shot to the North and the other to the South. Don't know
whether the defendant run away. Saw the crowd scatter. I did not see
any crowd East of Kennedy. I was crowded down East broadway[sic]. I
went down to see what was going on.
Memory Phillips --
Reside here. Knew McCorkle. Don't know Kennedy. Saw the
trouble on that day on the street. Saw McCorkle in the crowd, also Gilbert
Kennedy. Saw the crowd come across to the brick corner. Heard some
one say you can't arrest him and McCorkle said he did not want to arrest him if
he would go on home. I was standing in the East door of the brick
corner. I heard two shots fired. The shots came from center of
street. Did not see the shots fired. Did not see any revolver.
Cross-examined -- when
the shots were fired the crowd fell back east. The street was full of
people. Good deal of excitement and loud talking. Did not see any
William Shaw --
Live in Hendricks township. Was here the day McCorkle was shot. Was
in the saloon and saw McCorkle in there. Saw Bud bring Kennedy out.
Heard him tell the boy to go home. Saw them go across Harrison street to
the brick corner. Saw Kennedy step back from McCorkle. Heard the
shots fired. Did not not [sic] see who fired them. After the shots
were fired I saw a person have a revolver. The shots were fired in rapid
succession. Don't know who held the pistol.
Cross-examination - Did
not have hold of defendant when they crossed the street and did not help
McCorkle take him across the street.
-- Live in this city. Knew of the trouble in the saloon. Was
standing on the Heiss corner. Saw the crowd come out of the saloon, also
McCorkle and the defendant. They went east on Broadway. Pistol shots
were fired. McCorkle was at the head of the crowd. The shots came
from the south side of the street. Saw the defendant after the shooting.
Cross-examination -- The
crowd numbered over 100.
George Busby --
Live 6 miles from town. Know Kennedy and McCorkle. Saw McCorkle
before the trouble on the Hardebeck corner. Saw him go in the
saloon. I went in behind him. Saw Kennedy in there. Saw
McCorkle taking the defendant out the saloon. Saw the crowd go down east
Broadway. Saw the defendant walk off some 10 or 15 feet from McCorkle,
Kennedy drew his revolver and shot McCorkle. Took the revolver from his
hip pocket. Kennedy shot twice. I was east of the crowd at the time
of the shooting. McCorkle turned round and said boy I am shot. Saw
the pistol before the shot was fired in Ed Kennedy's hand.
John Chambers --
Live in Jackson township; was here the day of the trouble; was near Schroeder's
corner. Went to the north door of the Hardebeck saloon and looked in' saw
Albert McCorkle in there; saw fighting in there; saw Kennedy and McCorkle come
out; went across to the corner of the Hackney saloon. They walked east on
Broadway; McCorkle said to Kennedy, "go home or I will have to arrest
you." The defendant walked off a piece, drew a revolver and began
shooting. Saw McCorkle throw up his hands and say "boys I am
shot." McCorkle was in the street and Kennedy in the gutter on the
south side. I was on the south side. The defendant was east of
me. McCorkle was east of me. I followed them as they took him around
to Flaitz's residence. Did not hear him say anything.
Cross examined -- Live 13
miles from town. Came to town for a buck-board that George Barger
was painting for me. Got here at 12 o'clock. When McCorkle turned
the boy loose he was a little past the east end of the Hackney saloon. Howard
Lee was engaged ina big fight on the north side of the street.
Did not see Howard Lee struggling to get up from the ground at the time of the
James Magill : --
Was in this city on the evening of October 9th, 1880. Was deputy sheriff
under McCorkle, made an effort to find Ed. Kennedy that evening. I had no
warrant in my hand; could not say for certain whether was put in my hand.
I searched the premises of the defendant's father that evening and around
town. On Sunday, Dick Thralls and I tried to find
defendant and went as far as Columbus; returned on Monday evening.
Continued the search on Monday, also sent out between 500 and 1000 postal cards,
giving a description of the defendant. (This last statement on motion of
defendant's attorneys was stricken out.) Was sheriff for two months after
Cross examined : -- Don't
know which way the young man fled of my own knowledge.
Dr. S. A. Kennedy
-- Know McCorkle. Was called Oct. 9, 1880 professionally to see him.
Made examination of wound. He was conscious until 10 o'clock at
night. Was in no stupor. Think was called within 10 minutes after
being shot. Ball went through rib, through chest and throug[sic] rib on
back. Death was the result of inturnal[sic] hemorrhage caused by pistol
shot. First saw McCorkle in R. D. Flaitz's house. Was taken to
residence between 9 and 10 o'clock at night. He made on declarations in my
Cross-examination -- Was
called about 4 o'clock -- Wound about 1/2 inches below collar bone. Ball
ranged slightly downward, all was probably two inches lower than wound in
front. No other wounds on him than the one described. Ball passed
through upper part of right lung. Re-direct -- Wound was necessarialy[sic]
fatal. Re-Cross -- All lung wounds are not necessarily fatalbut[sic] this
one was as developed by post mortum.
Dr. W. G. McFadden
-- Knew McMcorkle[sic], was called to attend him professionally Oct. 9
1880. Was suffering at time from gun or pistol shot wound. At each
repitation[sic] there was slight effusion of blood from orifice. Ball went
nearly direct through; passing through rib infront and lung. Couldn't say
that the wound was necessarly[sic] mortal. My judgement[sic] is that he
died from effect of wound.
Cross-ex -- Saw no other
wounds or bruises on person. Made in conviction with other physicians a
very thorough examination. Thik McCorkle would weigh 200 pounds, was
Cyrenius Bishop --
Knew Albert McCorkle. Acted as deputy coroner Oct. 10. Identified
records. Bishop was asked to produce bullet to which defendants attorneys
objected. Objection overruled and Spuire [Squire?] Bishop ordered
to deliver the bullet into the hands of the proscutor[sic]. The coroner
stated that this was the ball taken from the body of Sheriff McCorkle.
Jacob DePrez --
Knew McCorkle and Ed. Kennedy. In 1880 had a bussiness[sic] transaction
with defendant sold him a 38 caliber Smith & Wesson. Think it was the
latter part of June or first part of July. The bullet produced by the
coroner was handed to the witness and asked him the size of the caliber.
The ball last handed me I judge to be a 38 caliber. The ball last handed
witness was the one produced by coroner Bishop. The revolver I sold to
Kennedy in June or July 1880.
A. J. Gorgas --
Was a hardware merchant in 1880. Dealt in fire arms and know the different
sizes of balls. I think it was in the latter part of June, 1880, that Mr.
Deprez and the defendant came back to my desk in the store and spoke of ordering
for the defendant a Smith & Wesson revolver. We, at the time were out
of them. The revolver was received about the middle of July. Can't
say whether Mr. Deprez or myself delivered the revolver to defendant. It
was a 38 caliber. The cylinder would shoot five cartridges. The ball
was produced and identified by itness as a No. 38.
Cross-examined -- 38
calibre is a common size. They will not all fit in a revolver of that
size. The balls are all the same.
The ball was offered in
evidence and objected to by the defendant's attorneys. The Court sustained
the objection, to which the state excepted.
S. L. Major --
Knew McCorkle and Kennedy. Remember the shooting. Saw McCorkle after
the shooting over the the butcher shop of R. D. Flaitz. He was lying on a
lounge. I had a conversation with him as to his condition when I entered
his room and took hold of his hand. He said "I got to die, a man
cannot live with a canon ball in him."
Cross-examined -- I saw
him soon after he was shot. Dr. Kennedy was there at the time.
Fred Hurst -- Knew
McCorkle some 12 to 15 years. Saw McCorkle after the shooting in the
Flaitz residence. I had a talk with him, this was some 15 minutes after he
was shot. He said, I am shot and I am a dead man. I said "no
Bert you are not," he said, "yes I am" I think Dr.
Kennedy was there. I was present when McCorkle died. Also, R. D.
Thralls and wife, Beck True, John Hester, John
Byers, Scott Ray also McCorkle's wife and child. He died
Oct. 10, 1880, shortly before 9 o'clock in the morning. McCorkle said in
the room "Oh, why did he shoot me I never did him any harm." I
asked him who did it and he said "Edward Kennedy." McCorkle died
at the residence of the jail. Bert McCorkle and myself were
brother-in-laws. Mrs. McCorkle is now dead.
Cross Examination -- I
don't think it was over 10 or fifteen minutes from the time McCorkle was shot
until I got to the Flaitz residence, Dr. Kennedy was not there at the time I got
there. Squire Major nor Dave Wilson were
there at the time. Did not hear McCorkle make any statements to
Major. McCorkle said "Fred, I am glad you have come as you are a man
I love." That was all he said to me. Don't remember of hearing
him talk after he was brought home. McCorkle did not say he was shot in
the back. Can't say where Dr. Kennedy was wheh[sic] I had the conversation
with McCorkle. Dr. Kennedy was either at the door or west of me. Was
not there when the revolver was taken out of his pocket.
James O'Conner. --
Lived in this city 18 years. Knew both Kennedy and McCorkle.
Remember the fact of the shooting. Saw Ed. Kennedy after the shooting
going through our alley. I passed hi in the middle of the alley. He
had a revolver in his hand and his hat off.
Cross-ex. -- Kenndy's[sic]
home was on West Hendricks.
At three o'clock the
state closed her evidence.
Contributed by Phyllis Miller Fleming
The New York Herald, October, 1880
Articles in the Shelbyville News mentioning Albert McCorkle:|
15, 2004, "Fallen Heroes Remembered," Mindy Clark
15, 2000, "Worst Riot in Shelbyville's History Caused by
Politics," David Craig
21, 2000, "The Murder of Shelby County Sheriff Albert
McCorkle," Ron Hamilton
14, 2000, "1880 Sheriff's Death Cause for Emotion, Political
Gain," David Craig
The Daily Evening Democrat
Sheriff McCorkle removed Maria Blackford to the Insane Asylum yesterday evening.
September 14, 1880
Sheriff McCorkle took Harry H. Scott to Franklin this morning. Scott's trial was set down for to-day.
Copied by Phyllis Miller Fleming
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