The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-03-18
O'BR|EN ON TRIAL.
Defence is That His Sister
Was Drunk and Fell
Down Embark
ment.

The trial of John O'Brien, of No. 26
McWhorter street, Newark, for murder
ing his sister, Mrs. Mary Kelly, of Duke
street, Kearny, was begun before Judge
Blair in the Hudson County Court of
Oyer and Terminer this morning. The
defendant is represented by ex-Assistant
Prosecutor Joseph NJ. Noonan Prosecu-
tor James S. Erwin is conducting the
States case.
Mrs. Kelly was found by her husband
about nine o'clock on the night of De-
cember % last at the foot of the en-
bankment of the Erie Railroad cut at
Fourth street, Harrison. She had evil
IDENTIFY fallen or been pushed down the
deep declivity. Her wrist was broken
and she had sustained other injuries from
which she died at st. Michaels Hospital,
Newark, on December 80 following.
Prosecutor Erwin in his opening address
said that the State would endeavor to
prove that O'Brien in the course of a
quarrel with his sister over small sum
of money had pushed her down the en-
bankment. The prisoner, he said was the
last one seen in Mrs. Kelly's company,
and afterwards she was found at the foot
of the railroad embankment with her
scalp torn open, her right wrist broken
suffering from internal injuries which re-
suited in her death.
The Prosecutor said that the States
theory was that robbery was the motive
for the murder and that both crimes had
been committed. Testimony would be
produced, he said, to prove that Brien
took the money from his victims pocket
book.
Patrick Kelly, of No. 1 South Duke
street, Kearney, husband of the woman
O'Brien is charged with having murdered,
was the first witness called by the State
He testified that about $3.50 O. clock on the
evening of December %, O'Brien inform
ed him that his wife had fallen down the
embankment and that her head was cut
open.
Kelly said that with O'Brien, Thomas
Lyons and Alexander Herr, two board
ers, he went to find the body of his wife
At first they were unable to locate her.
but subsequently she was found lying
within few feet of the railroad track.
O'Brien did not take part in the second
search.
The witness testified that he did not
know that his wife had any money in her
pocket when she left home. One cent was
found in her pocket afterwards.
Thomas Lyons and Alexander Herr
gave corobrative testimony.
DR.. Goldberg of Kearny, who was sum
moned to attend Mrs. Kelly. testified that
she was unconscious when he first saw
her at her home. where she had been car
red. She was suffering from a scalp
wound and compound fracture of the
right wrist, from which the wrist bones
protruded. BY his advice the woman was
| removed 10 ST. Michaefs Hospital.
DR.. Floyd McEwan, night physician 81
St Michael's Hospital, testified to Mrs.
| stitution.
did Mrs. Kelly seem to improve after
| her admission to the hospital?" Lawyer
| Noonan asked in cross examination
| Yes"
Tier death was sudden?''
| Yes she died Unexpectedly of lockjaw
! that resulted from her injuries.
| Then her death was due to her injur-
ies?' asked Prosecutor Erwin in redirect
examination.
Yes. Indirectly"
County Physician Charles B. Converse
was then called. He testified to the injur-
les he found Mrs. Kelly had sustained
and said they could have been caused bs
| The defendants counsel says he does
rot expect to put IN any defence as the
/ States witnesses are expected to prove
that both O'Breen and his sister We're un-
der the influence of liquor and the woman
| had fallen down the embankbent.
| At the conclusion OF the case Lawye1
Manning moved for the prisoners ac-
| auittal on the ground of insufficiency OF
| evidence and the Court granted the mo-
ton.