The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-15
BROOKLYN CITY.
TIE COURTS.
COURT or OYER AND 1sRMIS;a.

The Trial Of Onicer Hennessey.
Before Judge Gilbert and Associates.
The trial OF officer John Hennessey. patrolman
OF Forty third precinct, for assault and battery
on the late James Haggerty, was concluded yester
day afternoon. The prisoner, on being placed upon
the stand testified tnat he had been connected with
the police for the past twelve years. that he never
struck Mr.. Haggerty on the head, and was greatly
SUI pfsed when he was shown the blood, H9 struck
him upon the knuckles and upon the soies OF his
feet
Judge Gilbert in his charge said An assault had
been defined TO mean an unlawful moestaton OF
bound to use the whole force at his command II
necessary In order to effect his purpose. Ii the
officer committed the acts as charged, on smith
street, near Union-namely, the taps on the head-or
II he threw deceased on the ground, on Union street,
near Court and again on Degraw street. near Doug
lass, then he committed an unJu5t1naole assault.
Witnesses for the defence had sworn that they had
seen the acts committed, but their testimony was
contradlcted by that OF the defendant himself They
had heard the testimony OF both parties, ana must
be guided by It, and not by any general abuse Of
police officers or station houses.
The Jury then retired, and, after being out about
an hour returned ana stated that they had failed TO
agree. After having the testimony Of two witnesses
an hour and half, when they came INTO court anu
stated that 1t was impossible for them 10 agree.
they were therefore discharged.
The Fifth Ward Riot-Triai Of Robert Berry
for Murder.
Robert Berry was placed on trial yesterday after.
noon, charged with having caused tue death OF
james Donegan during riot on the corner OF John
son and Navy streets Sunday, the I'd OF last May.
Il appears there were two societies which were In
the habit OF meeting in this locality and the mem.
bers unfrequently got into fights. One OF these
societies was the Ancient Order OF Hioernans
and the other was composed or the worst
characters the ward. Michael Murty testified that
he saw tue prisoner have the deceased up against
renee, and thought he was striking him with stick;
that after they mad been struggling Tor short time
the deceased started out upon the sidewalk and
exclaimed 'I'm stabbed.n Witness testified that
he belonged to the Society OF Hibernans but when
asked what their objects were no hesitatedi and
SAID he did not think he had right TO tell He
1nally admitted That IL was benevolent organiza.
ton. and that they banded together 10 support
one another IN general.
Other witnesses testified that there were two or
three Arrays III Navy street on the day IN question:
ana that during tie ARRAY III which Dopegan was
killed sticks ana stones were freely used
The trial Will DO concluded to-day
Sentence for Manslangiiter.
Francis Drake, the colored man. who was con.
victed OF manslaughter in the third degree Tor the
killing OF William Fitzpatrick at Crow Hin! in June
last was taken before The court yesterday ana sen
fenced 10 two years and SIX months imprisonment
III the state Prison