The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-28

fArAL ACCIpEST-INaTANT UEATH.-MOnO1y GCernoou,
sheraton residing at the Of Thirty street
and Ninth avenue y:s instantly killed in Gansevoort
street BY falling "a arEs truck and breaking his neck
Porsp Dnowyrp.-An unknown man was found drowned
Monday evening at The foot Of vestry street The Coro-
ner was notified to bold an Inquest
Trial OF Jacob Rotor fer Shooting william
kelser-Acquittal Of the Accused.
COURT OF OYER AND TERAINER.
Hon Judge Edwards, and Aldermen Oakley and Wesley
Arau s-Jacob Roter was indicted for the murder Of
william Keller on the 7th March, 1882 BY shooting him
with gan in the ghs shoulder Of which wound he died
the 9th Of the month. The prisoner Ii native
"a ,.s s
sond avenue, at the time Of the transaction Charles
W. Loverre in whose employ the prisoner is in GUS
boring Koter subsequent 10 the commission Of the felony
The dscsased was young lad. native Of ireland, and
set Of taking board from fence belonging to Lowerre
Mr. n. b. Blunt, District Attorney and Mr.. Oakley
sesution and Msssrs H. y Clark J. b. Phillips and Tat
defended the accused. The prisoners wife with
ni.n. in her Ann. sat BY MS -, side during the day
favor and patAty and BY the District Attorney,
on the GROUND Of serupes against capital
| punishment, the following jurors were sworn -
| 2-Daniei Lamb S-Richard Brnkcrhof
<-Samua j. Smith. l0-licrman B. Ripley.
| b-Geo. l.. Lewis. l1-iiuxh Downes.
G-Henry Portington l2-Wiliiam II. Beard.
The District Attorney stated the facts which he
pected to prove in evidence. The prisoner, who is
native Of Germany was In the employment OF Mr. Chas
w. Lowerre, varnish manufacturer, in Forty fourth
street whose private residence the neghbor
| hood The deceased was a young Irs,man. between
nineteen and twenty years OF age and resided in the
night u March :. 1852 bright moonlight night Kel.
ter out on that night In company with Mr. Dillon,
and his home he tore OF board from the fence
Of the premises Of Mr. Lowerric person up with
Gun and told him throw down that board and Inc did
| 30 and retrested followed by the with the gun,
h. t. krnL. ana .....l
German. The deceased had Jack knife in his hand;
the person wbe carried the gun said I'm shoot
th.reupon the gun dschargcd; the deceased partly
fell and the who fired tbs gun of crying boss
boss; Mr. Lo~errie came mp shortly after tbs transac
ton and In conversation with parties, he flow
crre) said there ball in the gun and admitted at
the time that il his Rotcr who fired III shot,
the deceased before he died positively pointed Rotor
the who discharged the gun; hut he the District
Attorney sarng the declaration Of the deceased might
be objected Ia trial caurcd examination
To- be- held before the Coroner in the presence Of Keller
when lying ON his deathbsd kcter there pointed out
officer psys twice from amongst several other persons
the who fired the shot but after the administration
Of some stimuants, the deceased being then in very
exhausted state he said the person who fired tho gun
not there Though Rotor prcssnt), and the
morfe,a examination proceeded merely taking kclter's
dispositions TO the fact without his identification of
the accused After further detail the District At
torney raid the question would simply cfnto
Of identity The deceased was committing trcspass when
| he shot and not felony. man has right
tonly TO take the life OF another when the law provides
punishment for the offence liza breaks into your
houfe at night you warranted In shooting him; but
If he fails In the attempt. and you shoot him the law
charges you with manaughter but the firing of loaded
weapon person in the act OF simple trespas is ia
the eye Goo and murder. Mems lives TO
be sported with in this and sacrificed for
act Of trepas II the prisoner IL not the he ought
to be acquitted II the prisoner il the he the Dis
trict Attorney knows circumstance in the that
takes II ont Of the category o murder lie then put in
| evidence n diagram Of the scene Of the homicide
John Dillon. the hrst witness aud examined by
.nest Third avsn i" pSs house ~ ra..rd nsnn;s
with Irs keter the mother of ths deceased am la
borer lived with Mrs. kelter the time William was
shot cant say his - years put his coffin;
was with him the night he was shot arst met him
that evening at shanty belonging to Patrick Mcc,n
somewhere between First and Second avenues in the
n.ghborhood Of Forty first and Forty second streets IL
according to my recollection quarter past To-
left the aud went TO James Dennis shaniy somewhere
Forty fourth street said there ten fifteen min
utes; from that we going home keltcr lived with
his mother Ket.r the line of the second ave
there IL fence somewhere there and Keller took
board of the fence ! walked on little way when
| from toward Mr.. Lowerric's factory the
| IN kind Of run; when heard the
man coming made stop; saw him coming with
gun; he said I'm shoot he had broken kind Of an-
guaee; William Keller then dropped the board aud
making across the avenue towards home and the
man; he said. I'm shoot III shoot he getting
closer TO him. all the time Kctcr walking away Keller
said something to him. but can't say what IL was
was surprised toseo them in such y
| When ketcr turned round, the chot him, ia my
opinion he was inside Of -four yards from him when he
shot him; when the shot fired Keller turned round,
and went and got hold II him round the body the
who fired the shot went towards Mr. Loweries house. IL
was not more than twenty or thirty yards from Mr.
Lewerric's. perhaps not that length; the who
fred the gun said something could not tell
what it was; bright night the
man dressed in dark clothes with a monkey
jacket. and the appearance Of cap ON him he
man about the size Jacob Rotcr the prisoner;
did not recognise him; took Kclter down far a.
Michael Dennis shanty; when ! got him there, BE-
avenues; shouted when he dropped the first person
saw was Mr. Lowerre coming down the hill with the
that shot HIM the man stil had the gun In his hand
/ Mr. rio mo and ovar ~
the with the gun stopped behind they not
apart when they came down together Mr. owcrre spoke
| to me; he QLowcrrie) then went to Philip Nowans
shanty the man with the gun stood the road Mike
Dennis sister inat land wife out; Dennis himself
running up the hill, and Michael Dennis followed him
went to kelters mother and left him in the care Of
fence from which the board taken between the
factory and Mr. Lowerrie's house noise made In
tearing on the board am sure the board dropped
before the gun fired there well quite convent
ent to where be shot pointed out the place whore
he was shst and the fence from which the board
taken, to Doctor Morris and the Coroncrs jury Da-
gram produced and the several places pointed by the
witness
Witness continued-I could not say how far the mau
was when Michael Dennis after him in my opinion
the man that fired the gun had higher ground than KEEL
ter but there was not much difference in the level
Cross-examned by Mr. Clark had known Kccr
since was nine years old knew him In the old
country; he tall man. great deal taller than Ro-
ter he large stout mau; this occurred Sunday
night: had seen him early that day and went about my
business and then met him about quarter past ten
oCiotk tbat uHhtf 10 NJ Uenuise
shanty; drank something soft drank no liquor that
day Keller had liquor In started home from the
greg shop the nearest way home down by the
tory didnle the old road but Keller did try 10
take the beard OF the fence; the said he'd shoot
but he didn't shoot until he he man got the fence
II might have been about minute after the board
dropped that the shot fired the the
sky (augher; IL was pretty high heard keer speak
but can't say what he said; 20 my knowledge did
hear him say anything about knife stabting. l
couldn't say whether kcrr's raised not when
he was shot; SOW the face # the who fired but
uiu not know nm; he held the front Of him. L
can't toll whether lac took aim not; | examine
before keiter died don't believe said that occasion
that Keller, when he turned round said he'd stick the
man said he might have said go but didn't hear him
Mr. CLARK read the examination the witness In which he
said he believed that Ketcr said II the would shoot
he would stick him, but that he the witness, did noncar
IL expressed distinctly Witness continucdI had
knife with Keller; II knife that would shut up;
il with him last at his house: u made In the
ehApe of bg knife knew he carried IL in his posses-