Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1893-01-14

THE KEEFE MURDER TRIAL.
Second Days Proceedings - Plea of
Self Defense-Deputy Sheriff Peck's
Evidence-The State Rests-Opening
for the Defense-The Twelve.Year-
Old Boys Important Evidence.
The state rested yesterday afternoon in
the murder trial of Andrew Keefe. This
was the second day of the trial. Deputy
Sheriff Peck was the first witness called
yesterday, and he was on the stand nearly
all the forenoon. Keefe claims that he
acted in self defense. Attorney Case,
animation directed his best efforts to make
all the testimony show that the accused
acted as he claims.
The first contest over the introduction of
testimony was when Sheriff Peck started
to tell what VIM said to him just after
he arrived there. The defense objected to
this coming In because it was made in the
absence of the accused and was not in the
nature of post mortem statement, as the
injured man did not think that he was in
danger of death.
State Attorney Doolittle claimed that
the witness could tell what VIM said to
him when Deputy Peck asked him who
stabbed him.
Judge Hall said that the rule of evil
dence should not be made as strict in
this case as Mr.. Case proposed. Even If
the man did not know that he was going
to die, yet in the interests of justice 30
much of his statement should be allowed
to come in as was direct reply to the
question of the deputy: "Who stabbed
youa" Mr.. Case took sn exception to this
ruling.
Deputy Peek then answered the ques-
| ton. He said: Ny partner, Keefe, did
| it, the murderous villain, and after all
have done for him to do this to me-"
Deputy Peck started to tell more, but
Mr.. Case objected, and Mr. Doolittle said
| he did not care for it.
On cross-examination the deputy told
| what Keefe said to him at the time. Keefe
| was lying on a pile of clothes when he first
reached the restaurant with cash on his
| forehead, which was bleeding quite pro
fusely, and his eyes were closed. A doctor
was over him as well as over Vim. Keefe's
statement to the deputy, as he told it, was
as follows:
| That Keefe was sitting at the table eating
his supper, and VIM came in and found
fault because the milk was gone; VIM
| called Keefe liar after they had had some
words about it, and Keefe called him liar
in turn. VIM then picked up cup from
the table and threw it at him, striking
him or the forehead and knocking him
over.
That then VIM jumped on him and
choked him. Keefe said, ''You are choking
me-" and he showed his knife into him a
little way. Then VIM kept on choking
him and he said, "You are choking the
life out of me-" and then he stabbed hin
again. Then VIM let go, and he ran out
| OF the room.
Witness asked him where he got the
knife and Keefe replied that it was one be
had been cutting bread with. Witnes.
then said to Keefe, "Winn has got three
cuts in his abdomen"
Keefs replied: "Has hes didn't know
that cut him but twice"
Mr.. Case dwe1t particularly on the point
in Deputy Pecks testimony that Keefe
said: "You are choking the life out Of
me-"
Sheriff Peck said he was positive thai
Keefe made some statement to him at thai
time to the effect that VIM was chokin,
the life out of him. He was positive tina
the word life was used by Keefe. Mr.
Case seemed satisfied and excused the wit
| ness.
The stats rested yesterday afternoon ant
the defence opened The first witness
called was Josiah Levi. a young man, who
took several photographs of the place ant
the surroundings.
Peter Rosenburg was the next witness
called, but he did not have much testimo
ny to offer except as to the locality.
The moat important witness Of the whole
case was next put on the stand.
John F. Parnaby, twelve -year-old boy
stepped to the stand in answer to hi
name and gave the most concise story c.
the whole affair that has yet been heard
He said he was in the back room when b,
heard crash of crockery. He ran AROUND
the building and peeped in the window o.
the dining room. There on the floor b,
saw Keefe and VIM. VIM was on TOT
choking Keefe. Keefe had large knife
in his hand. He went away from th'
window and in short time he saw Keef'
come out of the place with his face ant
clothes all bloody. VIM came out short
ly afterward. Both men staggered wher
they walked. He said that Keefe stag
gered from weakness and Vim wal
drunk. Keefe had knife, which was al
bloody. Keefe came out to Lempert's res
taurant, which was next door to the place
VIM came out shortly after.
On the concluaion of this hearing The
court adjourned until 10 O'Clock next Tues
day morning.