The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-16
O'KEEFE Is ACQUITTED
Jury Instructed to Bring in Such
Verdict After Brief Trial.
Slew the Despoiler of His Wife and
Daughter-Demurrers Filed III
the Gerrymander Suit.

At half past o'clock yesterday afternoon
Judge Cox instructed the jury which was
trying Patrick O'Keefe for the murder of
James Eubanks to bring in a verdict of
acquittal which they did.
The case was called for trial at o'clock
yesterday and the regular venire was ac-
cepted without challenge by both the prose-
cution and the defense. The case is one OF
those of that character in which convic-
tons are very rare 1t was a case OF the
vengeance of a father and husband upon
a despoiler of the wife and daughter. Sew
eral years ago OKeefe was furniture
dealer West Washington street and for
awhile prospered. Business reverses COM
PEELED him to make an assignment and in
later years he has been employed as
ianitor at the courthouse. He was a quiet,
inoffensive man. sixty-three years of age,
and was we'll liked by those who came in
daily contact with him. Since his failure
in business he has been void of ambition
and for five years past has had the addi-
tional grief of domestic troubles added TO
his lot. 1t was about five years ago that
James Eubanks. the man for whose murder
OKeefe was acquitted yesterday, first
came into the O'Keefe family and with
him came grief of the most poignant char
acter. The murdered man became intimate
with both wife and daughter, but these
facts were not known to O'Keefe until the
trial Of the conspiracy suit in the Circuit
Court when they became public. After that
trial. when his domestic troubles had been
aired in the courts. O'Keefe became sullen
and morose and kept away from his friends
and would not talk with them.
Mrs. O'Keefe and her daughter Grace
were upon the stand yesterday and testi-
n
ing. O'Keefe had gone to his work at the
courthouse usual upon that day, Oct.
26. 1893. but returned home before noon say
ing that he sick. His wife prepared
dinner for him. but he refused to eat ii.
About o'clock in the afternoon Mrs.
O'keefe became involved in a quarrel with
Eubanks and O'Keefe heard the latter call
his wife a vile name. The old man sprang
from his bed and rushed into the room
where Eubanks. Mrs. O'Keefe and Grace
We're. Without saying word O'Keefe
"a Ei,b niS 1879 anu i F9 poitlC o a
mortally wounded and died early the next
morning from the wound received At the
Okeefe for the prosecution she was inn
mediately examined for the defense she
appearing both as a witness for the State
and for the defense. Grace o Keefe also
testified as to the facts leading up to and
surrounding the shooting. She was dressed
In mourning in memory of the dead man
| who had ruined her.
| Henry Spaan and James Pritchard APP
| peared for the defense. In the afternoon
DR.. Carey was introduced as a witness for
| the defense to testify as an expert. Mr..
Span read to him q hypothetical question,
| which covered several pages of typewriter
manuscript and which went over a period
| of several years OF O'Keefe's life. 1t re-
| counted the ruin of the daughter, the fact
| that EUbankS boarded at the O'Keefe
| home over the objection of O'Keefe, who
had several occasions ordered him from
| the house and tried to induce his wife and
don If
| and the hnding OF Eubanks and Mrs
| O'Keefe in q compromising position, after
which O'Keefe occupied room in the house
| separate and apart from his wife. The
| question also recounted the marriage of Eu-
| banks and the subsequent suit against him
| and Mrs. O'Keefe and daughter Grace for
| consniracv and the discIosires made nubIic
| upon that trial. 1t included the fishing
| party which was proven at that trial, and
| which extended over q, period of two weeks
| time. The persons attending this party were
| Mrs. O Keefe her daughter Grace and Eu-
| banks While Mrs. OKeeSe was with Eu-
| banks, the daughter would remain In the
| city, and when Mrs. O'I<eefe would return
| to the city the daughter would Join Eu-
banks upon the banks of the river. 1t re-
| suited lawyer about his domestic troubles,
| and the lawyer, believing him insane on
seek additional evidence. DR. Carey was was
asked what his opinion as to the sanity or
insanity. would be in the case of a person
| who had killed the man who had been re
| sponsible for all this trouble after tine
| trouble had been brooded over for several
| months. He answered that he would think
| from the state of facts detailed in the hy-
| pothetical question that the person was of
unsound mind.
Us not domestic trouble a frequent cause
| of insanity" asked Mr.. Spaan.
| 1T is" answered DIR. Carey.
| The witness was excused without cross
| examination.
A boy who had clerked for Mrs. O'Keefe
and EubankS when they We're in partner
ship in the stand on the West Market, teS-
| titled to the fishing excursion and said
that Mrs. O'Keefe and her daughter Grace
were with EubankS alone upon the river
bank alternately.
William Thurman, a brother OF Mrs
O'Keefe, testified that OKeefe had come
to him and asked him TO use his influence
with his sister to induce her to have Eu-
banks leave the house. His sister told him
to mind his own business. Huffman cried
upon the stand as he was giving the evil
denCe damaging the character of his sister
He testified that he had known O'Keefe
for years and that his reputation for peace
and quiet was excellent.
| None of the witnesses called for the de-
Tense We're croSs-eXamined, and after sever
al character witnesses had been introduced
| Prosecutor Hoffman said to Mr.. Spaan
''You need not introduce any more character
| witnesses; we will admit the defendant
| character. l would have TO swear that his
character was good If put upon the stand
| myself
DR.. Fletcher was called as an expert
and in answer to the Hypothetical question
put by Mr.. Span, said he would say the
| person was insane. Judge Cox then inter
| rupted the proceeding and instructed the
| jury TO return verdict of acquttal upor
| the ground of insanity. O'Keefe was held in
custody awaiting the sitting Of commits
| SION