The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-04-11

JUDGE BLAIR'S FIRST
A Somewhat Lame Attempt
cd Homicide Case Pre-
sented by Mr.. Van
Ninkle.
Joe" NOoNAN FOR The DEFENCE
FickIe Woman Caused All the
Trouble Between O'Brien and
Qa~ackenbush.
Joe" NOONAN FOR The DEFENCE

Judge Blair had his first experience this
morning in criminal trials since he took
his seat upon the bench. The first case
tried was that of Grant O'Brien, who was
indicted for an assault on Ernest L.
Rainey. with intent to kill him. Rainey is
a clerk in Eekhardt & Quackenbush's
coal Office, at Newark avenue and Seventh
street. O'Brien had learned that Edward
C. Quackenbush, the junior member of
the firm. had been intimate with Mrs.
OsBrien. aud Went cunning for him on the
morning of January 6. He went to the
office, but Q-uaekenbush was not there.
O'Brien, who was under the influence of
liquor, fred a shot from his revolver. pos
sibly as a declaration of his Intention.
and went away Rainey insisted that the
shot was fired at him Assistant Prosecu-
tor Van Wrinkle conducted the case for
the State and former Assistant Prosecu-
tor Noonan represented the defendant
Thomas Stewart, of No. 101 Laidlaw ave-
nue. was the first witness called. He was
expected to identity O'Brien, because he
was passi~ the coal Office about the time
of the SHOCKING. and saw a man coming
out with a revolver in his hand. but he
said he could not remember O'Brien's
lace MI fdu ~ A1AiO VESdA SAOcS-SA-
anime him. but Mr.. Noonan protested
that the State could not impeach its own
witness.
Ernest L. Rainey testified that he lives
at No. 572 Bergen avenue. He was in
the Office about n:se on this morning of
January c, when he saw OBrien open
the door. O'Brien had a revolver half
drawn from his overcoaf pocket. OfBrien
asked Jacob Lewis, another clerk. where
Quackenbush was. Lewis said that he
was not in. O'Brien grabbed Lewis by
the throat and asked him what his
name was When Lewis told him his
name. oyBrien went behind the desk and
j. looked into an inner room, where there
was a bed. Then he returned, grabbed
the witness by the throat. and asked him
what his name was. The witness told
him and then O'Brien said
soh, you're Ernest, are you? You've
been intimate with my wife. I am going
to kin you"
With that o-Brien pulled the trigger
The witness struck OfBrien's forearm
down and the bullet went into the parti-
ton. about sight feet above the floor.
O'Brien held the pistol about two feet
from Rainey's head.
On cross-examination, Rainey aid that
he was a brother-in-law of Quacken-
BUSH
you say O'Brien caught you by the
throat with his left hand and pointed
the revolver at your head with his right?'
asked Mr.. Noonan.
Yes. sir" replied the witness.
DO you mean to tell this Court and
jury that he couldn't have shot you If
he had any intention of doing SOL"
Il knocked him down."
And yet the bullet went into the par
tition at a point higher than your head
how do You account for that?'
HI witness was unable to account for
it
Jacob Lewis -eorroborated the testimony
of Rafney.
The defendant denied he fired a shot
al Rainey. He said that he was walking
been out all night, and as they were
passing the coal office his friend said
You have a great deal of courage to
pass by here. Don't you know that
Quackenbush has threatened to shoot you
on sight,
That reminded O'Brien that he had a
grievance against Quackenbush. When
he was informed that Quackenbush was
not in he fired a shot into the floor.
Osgrien said that his wffe's affections
had been alienated By Quackenbush. His
wife had made a full confession to him,
and on III -night before his visit to the
Office she attempted suicide by swallow
ing a dose of laudanum. The case was
given to the jury Just before recess.