The New York herald., 1871-11-14
COURT cr GENERAL ssss!,ss.

COURT cf GENERAL SESSIONS.
Guilty - KiIling Charles cnsey md 10 Sent
60 shc State rrison by Judge BEDFORD
Another Manslaurhtcr Case.
Assistant District Attorney sullivan, after dis
posing OF few unimportant cases yesterday In the
Geacral Sessions moved on tho trial OF John
OsBrlen indicted for the homcide OF Charles Casey
On the 10th OF July. u was charged thar the ac-
cuscd, VINO is q young man, was IN company win
the deceased and othors NJ drinking saloon IN
II Roosevelt street, where difficulty occurred be-
tween them. and that after they reached the SIDE
walk O'Brea STABBED Casey In the leit groin with
There was no difficulty experienced in obtaining
the Jury as the circumstances attending the stab
bng arc o nightly occurrence
Mr William 1: Howe defended the prisoner. M
miah Mitchell, Edward Gillespie Daniel Doyle Mar
garet Cullen, James o'Bren and officer Finn were
statements M OF the witnesses except EDWARD Gil
lespie) for the prosecution that on the 18th OF July
john, Patrick and Jasper O'Brien, another man and
Casey were In Doyles liquor saloon. IL Roosevelt
street anu that wn,e these rsres M n were 9 mere ne en
proprietor and barkceper. While In the middle OF
the sidewalk the witness Crowley saw o. Brien, The
prisoner, make O plunge at Casey, VINO fell on the
sidewalk and died shorty afterwards.
Mr.. HOWE, in opening for the prisoner, stated that
defence. lie called John Handiey, David Tucker,
Patrick O'Brlen and John O'Brien, whose testimony
was IN direct condict with the evidence given by
statement under oath, was 70 the effect that while
In this drinking saloon he was struck by Jas. er
O'Brien ana by Casey. who followed him into the
street. He Casey mad o razor in his hand, and
cut him ithe prisoner) over the eye and on the
stabbed him IN the groin He found the large knife
early in the evening alongside barrel IN another
saloon, and his brother Patrick told him TO keep 1t
and bring 1t home TO the old woman to cut bread
with.
the trial the counsel lor the prisoner nimated that
he would like to Withdraw hts plea OF not guilty
aud plead guilty TO manslaughter in the thlrd de-
gree. He believed that the jury would not charac.
terlze the deed by verdict OF higher degree and
ne would therefore accept the plea
The prisoner said he dld the stabbtnG In self
defence and that he was very sorry for OBrien had
oBrIsn you were indicted for MURDER % but the @ evi
dencc would not justify conviction OF that grade
o n s oo so. @ the
was q mass OF perjury. You, ike oil prisoners,
swore TO too much IN your own benalf. You TOOK
the life Of Charles Casey under circumstances not
justiiying the deed. The wanton use Of the knife
In this community must be checked, and think the
slaughter In the third degree has extended to you
all the lenency you deserve. For the future pr0tec
wantonly wan % and nnjasiaSiy use dangerous % weapons
Will sentence you TO the highest Derl0d allowed by
law which Is four years Imprisonment IN the State
Prison.
Daniel Foley, charged with the homicide Of VIM.
O'Brien, was placed at the bar.
Assistant District Attorney SULLIVAN said-This
Is the same case which attempted TO move for trial
last Friday when counsel for the prisoner proposed
that leave should be given to withdraw the plea OF
not guilty OF the charge OF murder and TO otter
a no e M na me e to arc a
plea. but upon cODsu tation with my associates and
reconsideration OF the matter / have decided TO
recommend TO Your Honor that the plea be accepted.
Will state briefly the nature OF the This de-
fendant was occupying room adjoining the one
verbal alteration took place and the prisoner used
some expressions to the deceased which were
the deceased therenpon went into the room Ii
the defendant and called him to account for
his alleged insults and struck him with his hand,
pushed him upon the bed, followed up the assault
and struck him again. Then an lnterpOstiOn was
made by bystandcrs and the parties were separated.
SIXTY years OF age, complained ana iet very much
aggreved a. having been struck, referring to the
fact that he mad known the father OF the assaiant
He went down stairs, ana It was supposed tnat ne
intende 10 speak 70 policeman and get warrant.
an a 20 nne
You had no right to strike me, and il you come out
will nx you." OBrien came out OF his room and
There eyewitness as to what toos eSs Tsaass nacs
and IL ng6t he used the knife which caused
Mr. HOWE said that no higher verdict than that
OF manslaughter In The third degree could be rem
dered, i and possibly ss,li he % might be acquitted
Thursday. ~--.~z.-
FORGERY.
Henry Meyers pleaded guilty to forgery IN the
third degree, he having altered check Tor $50 35
drawn by Barker Bros, Philadelphia, upon Howcs
Macy, OF New York. TO $500 35. The prisoner
frauded thai institution out OF the above sum. His
Honor said lie learned from the detective that Mey-
ers belonged to a gang OF forgers. He was sent 10
the State Prison for four years.
STEALING A HORSE AND WAGON.
william Soussely, charged with stealing o horse
and wagon on the 10th or october from John Kraft
pleaded guilty to an attempt at grand larceny, and
was sent 10 the Penitcniiary for one year.
Charles Davenport pleaded guilty TO petit larceny
and was sent TO the Pcntentiary for six months.