The New York herald., 1879-07-09
THE COURTS.
The Killing Of William Kelly on
Ferryboat.
A l. U @ K Y M A N.
Amorous Perambulations Of a
Brooklyn Benedict.
l. u @ K Y M A N


over by Judge Cowing. was occupied yesterday in
the trial of Francis Pcot. the Italian charged with
killing William Kelly upon the evening OF the 10th
of last April upon the ferryboat peconic. at Catha-
rne street ferry. The prisoner dressed in the
garb OF . workingman. aud being called upon to
plead to the indictment for manslaughter found
against him by the Grand Jury, pleaded not guilty
through his counsel. Mr.. William +. Knitting. As
sistant District Attorney Lyon moved the trial. and
jury obtained without any difficulty. In
opening the to the jury Mr.. Lyon briefly stated
that he expected to prove that the prisoner at the
bar. Francisco Abruzzio. Dominick Lafonte. and
another Italian who had escaped. murderousy
assaulted the deceased upon the ferryboat upon the
evening in question, and that one of the Italians
plunged knife into tho abdomen of the deceased.
producing wound from which he subsequently
died. The prosecuting officer admitted that the
deceased was not free from blame himself. as to
certain extent he provoked the quarrel, but that,
he said, did not justify the killing Christopher
Moran. passenger on the ferryboat who Witnessed
the aray. testified that William Kelly the deceased,
began 'mimicking the Italians who on the
boat, at which they took offence; that it ended in
quarrel between the deceased and the Italians,
during which tho deceased was stabbed in the abb
domen and that upon the arrival of the boat at the
slip he pointed out Abruzzo and Lafonte to Officer
| Wilkinson as two Of the assaants. the other two
Italians escaping through the crowd. Edward ]. Nc
Cogan deck hand on the boat. who also witnessed
the affray, corroborated the statement of the pre-
ceding witness. Officer Wilkinson. OF the Seventh
police precinct testified that he arrested Abruzzio
and Lafone upon the arrival of the boat; that the
other Italians escaped in the excitement. and that
Lafonte was bleeding from a wound in the head.
the deceased. Dr. Knapp. of the New York
Hospital; made post-mortem - examination ton
o kess s sa as found woa"a unSn aa
the abdomen, made by sharp instrument,
which caused peritontis. resulting death.
At thisstage of the Mr.. Lyon called to the wit
stand Francisco Abruzzio, who, with Lafonte
is jointly charged with the commission Of the same
| Picot was on the boat and did the stabbing Mr..
| KNITTING here sprang to his feet and protested
| against Abruzzio being examined as he was CO.
defendant. aud that the prosecuting officer had no
right to call him witness for the people until he
had been discharged from the record Mr. Lyon re-
fused to discharge him. and asked that the witness
be sworn. The Coure so ordered, the Judge remark
ing however. that so far as in his power he would
protect him i'll his legal rights. Upon Abruzzio
being inter- ogated by advice OF counsel he declined
to answer any question and left the witness stand.
| that nothing made out OF him after all.
| Police Captain Brogan testified to Abruzzo and
Lafonte being present when they charged Picot with
| doing the stabbing and that Picot said nothing.
The people here rested, when Mr.. Knitting, address
ing the Court, asked that the jury be directed to
acquit. contending that there was not scintilla
| OF evidence in any way duplicating the prisoner.
There was no testimony, said the counsellor, that
Picot was on the boat upon the night in question.
and the fact that Abruzzo and Lafonte charged the
prisoner with doing the stabbing aud the prisoner
the time standing mute certainly ought to operate
against him. Mr. Lyon shrugged his shoulders and
| Judge Cowing smiled. Mr.. Knitting declined to
call his client and rested without calling testi
l mony, whereupou Judge Cowlng said that Whlle he
tet it to be his duty to submit the to the jury
| and throw upon them the responsibility OF verdict,
still he would say, from the character OF the tes-
mony, although the prisoner may be the guilty
party IL would be unsafe to convict The jury
| promptly rendered verdict Of mot guilty" and
| upon motion of Mr.. Knitting the prisoner was dis
| charged from the indictment. Judge Cowing sug-
gested Assistant District Attorney Lyon to fvok
into the testimony against Abruzzio and Lafonte,
the other two Italians who Jointly charged with
tine commission Of the same offence aud whether
there is sufficient testimony to Justify their being
fln gah fIaV 10 m "a
manded TO the Tombs.
A HUSBANDS GIFT TO HIS WIFE.
In October last Mrs. Bridget Sheehan died and left
$50 deposited in her name in the Union Dime
Savings Bank, Of this city. upon which her husband.
James Sheehan. took out letters of adm inistraton.
in conjunction with Gustave Huerstel. admin
istrator. Afterward Mr. Sheehan consulted Mr..
George W. Wilson. counsel, and stated that
although he had administered upon the money as
belonging to his wife, still, natter of fact it
his exclusive property and given to his wife in
complimentary manner for safe keeping that he had
been advised by lawyer that the only course he
could pursue to place the money under his control
was to administer, but that having done this his
administrator objected to the money being drawn,
whereupon the bank declined to pay over the same.
declaring that the money must remain where 1t was
for thirteen years-until the Youngest child became
age. Upon this state Of facts Mr.. Wilson brought
action in the Superior Court against the bank
ana the cOaumlnlstrbtor, anu tHe Wuoie
issues were referred by Judge Freedman to
Mr. Alfred Erbe. The bank allowed
to nterplead, but the matter strenuousy con-
tested by Messrs Killing aud Hucstel behalf OF the
coadministrator. Upon the trial two important
questions OF law rased-hrst. that by admin
istering the money belonging to his wife Mr.
Sheehan had cstopped himself OF record from now
setting up the property rs being in himself and.
second, that daughter of Mr.. Sheehan, who IL now
OF age. could not testify. by reason OF having u
right of inheritance to the property In question
from the deceased. The referee has made his report
and finds that the simple act Of taking ont letters OF
administration under advice of counsel admits of
explanation; that there no htigated question
determined nor any order entered In the form OF
judgment and that under the old code 1t is that
party interested in the result WAS excluded from
test ying, either in their own interest or adversely
but that the structures of the former rule. under
section 399 of the old code, have been abrogated by
the modified provisions OF tue present code this
subject az shown by the revisors notes. The ref
cree orders judgment tor the plaintiff.
yOIrNC wOMAN'S COMpTATNrr