Fulton Equity & Criminal Court
Commonwealth of Kentucky
vs } Evidence
Michael Sherran

On the trial of this cause the Commonwealth introduced & had sworn as a witness Sam Wilkins who testified that on the night of the [...] day of January last heard a noise in the Bottos Saloon went over to the door of the saloon and saw the deceased Sitting or leaning against the wall 8 or 10 men in the room saw either Mike or John Sheran go up to deceased and kick him dont know which it was dont know John and Mike Sherran apart unless they are very much alike it was mike that kicked deceased. saw George Mathews kick deceased about the head twice it was 9 or 10 oclock at night all the parties were drinking

The Commonwealth there had Henry Wittiken sworn who testified. was in the saloon heard George Mathews ask deceased. " What is that you say" deceased did not reply George mathews knocked deceased down deceased was leaning against the wall saw mike Sherran go up to him and Kick him on the body Mathews stamped and kicked deceased and then Mike and John Sherran both Kicked him he still sit by the wall George Mathews went up and kicked deceased under the chin & his head fell over & he was dead. Deceased said let me alone I give up before "Mike Sherran kicked deceased he "said if any body said what Harrington (deceased) had said that is a negro is as good as a white man tel him come out" Kennedy Bradley Mike Sherran & John Sherran and several strangers and Jolly and Brasher were in the room about 10 oclock at night all of them were drinking, did not hear deceased say anything except beg to be let alone George Mathews Kicked deceased last

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The Commonwealth then introduced & had sworn Thomas Cheek. Who swore that he was on the street heard the noise in Bottos Saloon went in and saw deceased Harrington sitting on the floor leaning against the wall. saw mike Sherran kck him 2 or 3 times about the hips did not see Mike Kick him about the head. There 4 or 5 men in the room Saw George Mathews Kick him about the head George Kicked last & when he Kicked him his head fell over. they were all drinking went with officer to arrest Mike Sherran 1/2 hour after the fight found him at home sitting by the stove asleep he lived close by where the difficulty occured. he was so drunk he could not put his boots on made no resistence when the officer arrested him

Next witness intoduced was John Breast. Kept store across the street from Bottoes heard the noise and went over heard Mike Sherran say that any man who said what Harrington said That a negro was as good as he was had to come out & saw mike Sherran Kick him once on the side or shoulder all in the room seemed to be in the difficulty all drinking did not hear Harrington beg saw George Mathews Kick deceased about the head

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Commonwealth then had James M^cMurray sworn Who testified. said fight all over when he got to the room Harrington was dead helped to carry his body out there were several men in the room where witness went in

John Ramey was then introduced and sworn & testified. That he heard noise in Bottos Saloon went in sand said man sitting on the floor leaning agianst the wall. Mike Sherran went up to him and took him by the arm as if to help him up. Mike Sherran did not kick or hit him George Mathews kicked him 5 or 6 times. several men in the room saw George Mathews Kick deceased about the head. George Mathews said Harrington had said a negro was as good as a white man After George mathews kicked deceased last time his head fell over to one side —

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Next wineess intoduced was Charles Trout saw diceased that evening with a free negro named Goins they were enquiring saw Goins first at Binfords enquiring for deaceased deceased come from Ohio

Thomas Lane sworn and Testified. went into Bottoes Mike Sherran was at the back of the room Harrington was sitting against the wall George Mathews was standing over him. Mike did not hit or Kick him nor did he say anything Several men in the room. Went with officer to Mike's house to arrest him found him sitting by the stove asleep seemed to be drunk Mike's house 250 yards from the place where the difficulty occurred Mike appeared to be very drunk made no resistance

Sam Sutton sworn did not see Mike do anything or hear him say anything 4 or 5 men in the room

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D^r Saudek sworn. He and D^r Gourley made post mortem examination of the body of John Harrington the day after he was Killed found contused woulds over the right eye and on the right side of the head across the year And also a wound right under the chin found the neck dislocated which was the immediate cause of death no wounds on the body. no serious wound except the dislocation Extravasated blood about the brain.

Dr Gourley sworn. Made post mortem examination of the body of John Harrington, with D^r Saudek found contused wounds on the forehead over right eye one on the side of the head. And neck dislocated which was the cause of his death

The commonwealth closed and Defence Introduced Jessee Cockerell. was at Bottos on the night of the difficulty Mike sherran was prety drunk did not see him strike or kick Harrington

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Defence then introduced C. S. Brashear on the night of the difficulty was at Bottoes saw Mathews when he come in he come in with Jollie they back way Several others come in among them the deceased. Witness was in contesation with a man at the lower end of the counter the bar Keeper said mathews was in the way and he got over the Counter where the crowd was they were all drinking and talking heard Mathews say dont tell me a negro as good as a white man I want you to understand that I am better than a negro heard a lick like some one had slapped with his open hand the fight Commenced and the crowd gathered around so that I could not see what was done. Saw Mathews kick deceased. Heard George Mathews say that Ill not drink with a negro When Mathews come in he was in a good humur I thought it was a drunken boil Mike was drunk

H C Baily sworn. Arrested mike Sherran at his house a short time after the difficulty ^he appeared to be very drunk.^ And this was all the evidence in the case —

Tho^s H [Waters]