Sweeney's Trial - 10-25-1894

San Francisco, California - Thursday October 25, 1894

For the Murder of Con McManus

Joseph McDonald Badly Wanted From Modesto County - Said to Have Changed His Tale.

The trial of Charles Sweeney, ex-baseball player, for the murder of Cornelius McManus on July 15 last commenced yesterday before Superior Judge Wallace and a jury.

It will be remembered that the brother of the ex-King of the Potrero was fatally shot by Sweeney during a quarrel in the saloon at 16 Third street, owned by the “King.” Con MeManus was in charge of his brother’s place that morning, and with Sweeney was discussing a proposal to attend some picnic across the bay. According to the statement made on behalf of the prosecution by Assistant District Attorney Black, Sweeney was armed and told McManus of this fact. Thereupon MeManus told him that it was cowardly to carry arms, and one word led to another until Sweeney fired the shots that caused McManus’ death.

On the other hand it has been recently asserted on behalf of the defense that this story is not true, and that the principal witness, one Joseph McDonald, was intimidated by the “King” McManus into giving this version of the affair. It is said that a short while ago Joseph MeDonald called upon Mrs. Jennie Sweeney, wife of the defendant, and told her this. He said that the truth was that on the fatal morning Con McManus was extremely violent and abusive. He called Sweeney a number of vile names, and went so far as to pull a pistol from his pocket, and placing the muzzle against Sweeney’s stomach frightened him into subjection.

McDonald is said to have further stated that Sweeney held his peace all this while, and finally McManus left him and went into an inner room behind the bar. Sweeney stayed where he was, but when McManus came back again and once more threatened him with the pistol, Sweeney in self-defense pulled out his own pistol and fired. Such is the story now in circulation, and it remains only to produce Joseph McDonaid for its verification.

Yesterday it was stated in open court that McDonald was in Modesto County, and that the Sheriff of that county, on being notified to produce the man, telegraphed back that he had no money. On the request of the attorneys for the defense, Reel B. Terry and Walter S. Hinkle, Judge Wallace ordered an attachment for McDonald to be telegraphed to the Sheriff of Modesto County, with positive instructions to bring McDonald in to San Francisco without delay.

Eleven jurors were obtained at the morning session yesterday, and the twelfth man being secured in the early part of the afternoon, Assistant District Attorney Black made his opening statement for the prosecution, and the taking of the testimony was commenced. Dr. C. J. Kenyon testified that be attended Cornelius McManus after the shooting, and Dr. Robert O’Connell performed the autopsy on the dead body.

The two other witnesses examined were Daniel McCarthy and Frank Rourke, both of whom claimed to have been eye-witnesses of the tragedy. Their testimony was decidedly unfavorable to the defendant, and they both denied being either under obligations to or afraid of the formidable brother of the dead man, Frank McManus, King of the Potrero. The trial will be resumed today.