The New York herald., 1872-12-12
BUSINESS IN THE OTHER COURTS.
COURT OF OYER AND 1ERmINsR.

The O'I<eefe-Englc Homicide-The De-
ceased Accidentally Shot and O'Kcefc
Acquitted.
Before Judge Ingraham.
The Court of Oyer and Terminer yesterday was
occupied in hearing the trial OF John M. O'Keefe,
an oicer OF police, who was indicted for the man.
slaughter OF Antoine Engle on the 26th September
last by shooting him with pistol.
There were large number OF police officers in
Court who evinced o deep interest in the case.
among whom were Captain Perry and Sergeant
Mcconnell.
Assistant Attorney Fellows opened the case and
said the Grand Jury had charged the prisoner with
having taken the life OF the deceased by shooting
him with pistol. He understood 1t to be case
OF accidental shooting. The defendant was o
police officer, and in the discharge OF q municipal
regulation shot at q dog which was supposed to be
rabid, and In the discharge OF that duty acci-
dentay shot the deceased. He explained the law
called
Theresa Eble, who deposed that her husband
was the owner OF the dogs it had previously bitten
child in Clarke street; the prisoner came to the
house and threatened to shoot the dog then and
there when she requested him to shoot it in the
open street; he took it into the alley close by
when the deceased tied 1t with rope and held 1t
while the prisoner shot at it he fired three times;
she did not the first shot fred but she saw the
second and observed the deceased twist round and
heard him exclaim, "Oh, Pm shot!"
Adam Engle. the brother OF the deceased, cor
roborated the statement Of the above witness and
said that when the dog jumped, after receiving the
first shot, the of1lcer asked the boy what he was
about and why he did not hold the dog properly. In
cross-examinatiOn he said he was witness before
the Coroner when the prisoner was discharged by
the COrOner's jury.
Mr. Howe addressed the jury on behalf Of the
prisoner, and remarked that the Police Commits
sloners had upheld the defendant In what he had
very scrupuous body, who, had they had the faint
est idea that ne was guilty OF negligence would
have suspended him from duty-a course which
iuof n Y1nro Tha do-
ceased was In the act OF holding the rope and after
the dog had been shot once he gave violent jump,
officer, in the hurry OF the moment fred at the dog
again, and the bullet, unfortunately, entered the
O'Keefe was examined, and detailed the circum.
stances OF the occurrence, which were materially
the same as deposed to by the previous witnesses;
and sergeant Mcdonnell was called and gave the
prisoner an unexceptionably good character.
His Honor charged the jury upon the law relat-
ing to the matter, and that body, without leaving
the box acquitted the prisoner.
His Honor, In discharging him, recommended
him next time he used pistol to use IL with lit
tie more caution and care.
Charge of Burglary-An Acqufttal.
Chester s. JONES' a colored man, was indicted
for burglary and breaking into dwelling house in
the day time and stealing property Of the value OF
S40 in October last.
From the evidence Of Mrs. Caroline Perry, q col
ored woman, it appeared that some one had broken
into the house where she resided by entering the
window, and stolen quantity of dress stuff placed
in her possession to be made up for other ladies,
and other articles belonging to herself. The prls-
Oner promised to endeavor to restore them and
discover the thief If she gave him some money In
consequence OF which she suspected him and gave
him into custody. A man named Thompson Jointly
indicted with the prisoner and asserted to be the
thief had, however left the city, and had not been
seen since the robbery.
Mr.. w. +. Kinney, who was assigned as counsel
for the prisoner by the Court, having briefly ad-
dressed the jury, detailing the uncertainty of
prisoners connection with the robbery and the
absence of evidence pointing to his guilt, His
Honor left the case entirely in the hands of the
jury who acquitted the prisoner.
Before leaving the Court His Honor addressed
him tnus:-"JOnes, You are discharged; but the
next time you promise to endeavor to recover
stolen goods you had better not ask any one to give
you money to do itn
Larceny from the Person-Sentcnce.
John Brennan, aged seventeen years. and Rich
ard Nash, aged eighteen, were jointly indicted for
larceny Of q pocketbook and watch from the
person of man named Shaw. They pleaded
guilty. MIR. Price urged on behalf OF Nash
that he was never arrested before for any
crime, and on behalf Of Brennan that he
had never been in trouble before. He asked for
mercy from the Court, and that to save them from
becoming infamous by bad connections with other
people they should be sent to some other institu-
tlon than the State Prison. The prosecutor stated
that his watch had been returned but his pocket
book, containing $13, was not recovered. His
Honor denied Mr.. Price's application but in con.
sideraton or their youth and Of its being their first
offence committed them each to one year and six
months imprisonment in the State Prison.