The Shelby Republican
Thursday October 18, 1923
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A divorce is issued to
Edith McCorkle from Fred Vernon McCorkle in the complaint filed by the plaintiff.Thursday October 18, 1923
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Contributed by Barb Huff
The Shelby Republican
Thursday August 2, 1923
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HUSBAND DRUNK EVERY NIGHT
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So Charges Mrs. Edith McCorkle,
of Marietta
In Divorce Complaint
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DRINKING AND GAMBLING
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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
a
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
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HUSBAND DRUNK EVERY NIGHT
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So Charges Mrs. Edith McCorkle,
of Marietta
In Divorce Complaint
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DRINKING AND GAMBLING
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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
Thursday, December 27, 1883.
Volume XVIII. Number 44
Page 1
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THE KENNEDY CASE.
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THE STATE CONTINUES HER EVIDENCE.
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By Examination of Various Persons
who were Eye Witnesses
of the scene Detailed.
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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 ofThursday, December 27, 1883.
Volume XVIII. Number 44
Page 1
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THE KENNEDY CASE.
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THE STATE CONTINUES HER EVIDENCE.
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By Examination of Various Persons
who were Eye Witnesses
of the scene Detailed.
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John T. Briley, Union tp.
Conrad Kuhn, Union,
P. F. Kennedy, Hendricks,
W. P. Ferrier, Hendricks,
T. J. Conger, Addison,
Newell A. Ellis, Sugar Creek,
John W. Henry, Sugar Creek,
James L. Donnelly, Sugar Creek,
W. T. Davisson, Washington,
John Engle, Hanover,
Anderson Wortman, Hanover,
John Jackson, Marion,
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 to settle.
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.
Alfred Isaacs 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.
Geo. Murphy, 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 were fired.
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.
Cross-examined. 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 the head.
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.
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From Saturday's Daily.Josh 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.
Albert 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.
Cross-examined by 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.
Mike Yearling 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 alley.
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.
Clint Rhinehart 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.
Cross-examination by 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.
Andrew J. 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 of defendant.
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.
Barney Hardebeck -- 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 saloon.
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 him.
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.
Daniel Deprez -- 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.
Barney Hardebeck 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.
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From Monday's Daily.William Fisher -- 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 see McCorkle.
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 him.
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.
Cross-examination -- 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.
Humphrey Campbell -- 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.
Cross-examination -- 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.
Jefferson Kendall -- 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.
Thomas Stoughton -- 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.
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From Wednesday's Daily.Julius Chueden -- 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 from McCorkle.
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 witnesses were.
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.
Ex-Sheriff James 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 am shot."
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 fighting.
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.
Stephen Washburn -- 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 shooting.
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 the shooting.
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 presence.
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 finely developed.
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
The Daily Evening Democrat
Shelbyville, Indiana
September 14, 1880
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Sheriff McCorkle removed Maria Blackford to the Insane Asylum yesterday evening.Shelbyville, Indiana
September 14, 1880
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Sheriff McCorkle took Harry H. Scott to Franklin this morning. Scott's trial was set down for to-day.Copied by Phyllis Miller Fleming
