New-York daily tribune., 1865-11-18
TuB KEEFG r,UHDEE.
Continuntios Of tho TIinI-Abstrnci of the
Drfen,s-verdiot OF Gully OF Murder
In tho bsocnd Degree.

The cose Of william Koofe indicted for the
murder of John Abrphlne was continued yestefhhy.
The case for the defense was opened " the J"hiI
counsel Mr. Ed. II. Anderson In speeoh Oi some hhf
hours duration aitr which. Rber Stew NIT, step son
Of the the prisoner boy of about Is years Of age was
put upon tbs stand.
lie testified that on The evening Of the homicide bis
father took supper with the family usual about or
O'Clock: his father considerably inONlcnted AZ
supper nei after supper witness observed toe prisoner
TO Lave knile in III hand with which he was scrap
ING the dead skin of the pDma Of bis hands, The Et
was pocket knife. hoh bis fitheE was In the
habit Of carryiug, aferWRr prisoner went out an the
stoop nf the houc and witness followed toto tie enti
heard his father have some conversation with man
WHO was passing In the sttecti They called each
other names; heard no conversation bct'en bis father
and Any other parties until nT AbrahaTs came oYct TO
the so0p aud tod him to 90 INTO the lOa-ei some words
then Iussod between deceased aud prisoner: deceased
told piioner II he did not 60 into tie house he would
put lin 10; Mrs. Abrubams endeayorcd 10 coax ber
hushand awayi asked him II he wanted 10 fight %
drunken man; said she hoped kece would black BIS
OeceGseds) eyes II he did not come away; Anrahnms
went upon the stpop and seizcd keoo by 'he shoulders
witness thought there was going 10 be hgt aud ran
into the house. when he returned again kecis was still
on the stoop but Abrahsms vas cones witness ideni'
fed the knife which he saw his fatIcr have IN the carly
part Of the evening
| Mary Ouin sworr--Resides AT No $50 West Twelfth.
st.. was in her own room on tho evening whom the
homicide took place; heard Mrs. ke.le say Co s'me
one "Why do YOU plague keofo. and be crazy with
lquor," Mira Abralums was standing IN front Of the
house when Abruham3 came up - ~ heard Mis-.
bratams remOnsirnte with her husband while he was
king tO Eeeie. beard her ray tO him that she hoped
Ke,ic would give him black eve II be did MT come
away Abrahams went upon the stOOp and took hold Of
Keefe; sbo saw Keefe thrust at AbrnhamG and then
Abrahnms came down the steps holding both hands
against his stomach. aad said that be was stabbed.
Alr J. j.. Townsend spoke for the defense uT zinc
t al the prisoner acted under proyooson and in self
defense and elso urging tie fact o bis being inoxi'
Gated at the time Ia pnlion u the Oense. He also
introduced u phreD0logca chart of prisoners head.
showing tnnt his mental development was weak Ia
several paints and his temperament snch that when ca.
cited by liquor m acts could not be considered those OF
a responsible being
The Dstrict.Attorne iu summing up the case OF The
people sad that tho province Of the law was not
primarily 10 execute ycng"nuce upon the criminal but
10 protect the nights Of the community against the nc
OF eVildueYs and hat Justice hcrupulOusy fcn
derod Tho public prosecutor Is not tie enemy Oi the
accnsed but the defender Of the rights of the people
In this case the fact Of the homicide is not denied The
law pTesuuios every killing OF human being
nv another ~ have been with intent 10 &c.
copplish tho same unless the contrary IN shown.
In III case the contrary hes net hcou shown It has
been decided hat tie plea of sedofnse a not admis5
bio unless the accused shnl have previous used every
reasonable mems uayoid the ncco SHY for deiense
IntOycaii0n Is not IN law an excuse for crime, al
fhourb in some circumstances II M ~ Do considered by
The Iury in deciding tho extent Of tho crimes, but 10
cases where assault s made with Geidif weapon ano
death ensnes therofrom. intOAcaiiou cannot bo re
Corded 10 pGia atio but rather az an asgTnYaton OF
the onense.
'ILe Judge charged the Jury that tho question for
flen to consider the prescnce oi intent on the piI
Of tie piso er 10 commit murder uni also the amount
of urnvoosion or induecmch en- bis pert IA commit che
act lle stated the law DO refrr1 10 lhluHcat"n hH
Iaiitjiye in the same manner ns hnd been previously
aied 10y the District. .AiiOfney quoting the case OF
the Pee ple aRt Kogers" aud also Other Bimlar Op'D
Ions BY ChisfJnstice DEMO aud Judge Harris lplop