The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-02-04
TRIED FOR FRATRICIDE.
Morris 0'Brien Tells How
He Killed His Brother
Last Fall.

fore Judges Knapp and Hoffman and
jury, the trial of Morris O'Brien for the
murder of his brother, Timothy O'Brien.
on September ID of last year. Both were
employed as butchers at the Abbatoir.
Morris lived at No. 154 Seventh street, and
Timothy lived out of the city.
At nine o'clock in the evening of the
day in question number of boys were
attracted TO some fracas in the house and
soon after a man and woman called the
attention of d policeman to the fact that
u row was taking place at No. 154. The
policeman went to the house and found
Morris o. Brien in the hall with knife
in his hand. and in a room opening on it
he saw Timothy in chair unconscious.
His wrist was cut to the bone. He
never recovered consciousness and at ten
O'Clock on the following day he died. The
wife of Morris O'Brien, the Prosecutor
said, was present when Timothy was
cut. and she denied that she knew Timo-
thy. When Policeman Barry arrested
Morris he was told by the prisoner that
II did it and l suppose I'll hang for it. !"
sUAIMoNING THE JURY.
When the jury was called from pam
mel of forty-eight names the State chal-
lenged one, the Court excused one be-
cause he was intoxicated and the defense
made thirteen challenges. The jury
selected are: William Hughes, foreman;
Joseph Fox, Daniel E. Reilly, Frank Cas-
par, Isaac Thompson, Richard Cooper,
Charles Van Doren, Harvey Anness, Rob
ert Wynn, Owen Mcclure, John Sturgis
and Robert Shannon.
Mis-. Margaret Harmon, tenant, testi-
fed that she saw Timothy bleeding from
a cut.
John Meyers, a boy, heard some one call
murder at No. 154, and he went to the
house with the crowd. Policeman Elan
nelly said tnat when he ran into the
house. he saw Morris O'Brien standing in
the hall with knife in his hand, and the
hall floor was covered with blood. He
| said, what's the matter, Morris?"
"Oh," answered O'Brien, and he went
into the room. The policeman followed
him and saw Timothy unconscious in a
chair and the floor covered with blood.
Flannelly took the knife from Morris
and said:-
"Who did it, Morris"
Il did, but it was not my fault"
Policeman Barry testified that he went
to the house and took charge of Morris
O'Brlen In other details he corroborated
Flannelly.
Patrick Reilly, John Shea. Patrick
Murray and James Cannon all testified
that they saw Morris O'Brien with the
knife in his hand and described the scene
told by Policeman Flannelly.
DR.. Peter Hoffman testified that when
he examined the injured man he was suf-
fering from loss of blood.
AFTER CHRISTY SMITH.
The Prosecutor then called Captain
Christy Smith. and when told that the
boss of the Second precinct had not been
in court at all was much angered, re-
marking:-''He was served personally
with subpoena, too" He left the court
room and sent a notice to Captain Smith
that the Prosecutor runs this county and
not Captain Smith, and that he had better
make lively tracks for the Court House
| DIR. Converse then testified as to his
post mortem.
The wound was cut three and one
half inches in length and divided the
| artery.
| This closed the case of the State, which
was remarkable for lack of cross examin-
alton by the counsel Messrs. Ex-Judge
hoffman and Daily.
THE DEFENSE.
Mr.. DAILY opened the case for the de-
| fense, and the defendant, pale and thin,
| listened intently TO every word that he
| uttered.
The prisoner testified that at nine
O'Clock that night his brother came to the
house and insisted on sending for beer
They had it and then Morris tried to go
to bed and Timothy dragged him and
struck him. Morris told his wife to get
| policeman. During the wrangle that
| followed, no policeman being called,
they had several cans of beer.
While the wife was at grocery store,
Morris said, "Did you see that So bill
put in the drawer?"
The brother asked if he thought he
| stole it, and struck Morris, who was on
sofa, threw him on a stove, breaking it's
| legs, and fell to the floor.
Timothy tried to bite him and Morris
called police and murder He agsin
threw him on the floor
The knife used was on the table. With
out intending to hurt the brother he
seized this knife and when Timothy
seized his arm he was accidently cut.
Morris did not intend to cut him
After several witnesses had been ex-
| amined as to the character of the
| prisoner the case was closed.