The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-23
THE FURMAN STREET HOMICIDE.

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Trial Of Fergus In BreskIyn Ycstcrday-The
Evidence for tho Prosecution, dEc.
The trial Of Eugene j. Fergus indicted for the murder
Of Patrick McGuann, opened yesterday morning in
the Court Of Oyer and Termner Brooklyn before Judge
Lott and Justices Hoyt and VOORHEES, Assistant District
Attorney Troy appeared for the prosecution; Messrs
Cooney and McKnabe for the defence. Alter consider
able delay in empanelns jury, Mr. Troy briefly stated
the for the prosecution and at once proceeded to
call the Witnesses
The first witness called was Dr. Jarvis Wright, who
testified as follows:I am . physician attached to the
brought there the 9th OF August about eight O'Clock
in the evening; be was suffering from gunshot wound
the head he remained there til the afternoon Of the
afternoon; made post mortem examination, and
found perforaton OF the skull made by the BALI the
the time Of making the post examination the
ball had fallen about half inch from the place where
bale, wound caused the death Of the deceased -
Dr.. Lewis D. Mason, also physician connected with
the Lopg Island College Hospital corroborated the test
Francis Kirby being sworn, testified that he was BY
trade glass maker; didn't know the prisoner in
August last on the corner Of Columbia and Atlantic
streets; there several persons In his company;
McGuann asked me 60 and have bAthe, and he and
went down Furman towards Joralemon street and
smother party followed u.s. after We got to the corner Of
s ss ana FSrsU saw the prisoner standing on
coming down McGuann showed him 10 ma; soon -
We got opposite, the prisoner stopped and asked
the dock. McGuann said that he was; the prisoner
then asked him Il he could DO !. now; McGu.nn said
you van. ' 10 nss. With mere child HID forS ="
as men ss s "a: h ans e
IN front Of McGuann and asked me 70 light and put hts
hand on my shoulder; told him TO take his hand on
my shoulder or would strike him he then took his
hands OF my shoulder and struck him. the prisoner
pulled pistol out OF hts pocket and Mcuann ran
in the pocket from which he drew the pistol ali the time
when McGuann about thirty feet from the prisoner
oner took aim or not; McGuann was running towards
Atlantic street at the time; when the prisoner fired
shot he the street after me with the pistol in
his hand; he then the street. and followed him
and cried "sop the murderer" officer Mooney a
car coming up, and arrested the prisoner; then
with McGuann TO the hospital and afterwards found
that he shot in the head while deceased being
taken to the hospital the blood kept running from the
wound: saw the pistol. but could not recognize H.
This witness subjected To rigid exami nation
but no new facts were ELECTED.
Thomas Horton and John Haorap testified that on the
evening OF the 9th OF August they met the deceased and
Kirby at the corner OF Atlantic and Columbia streets and
street after iham, though not the sde of the
street Their evidence in reference to the Fight agreed
with that of Kirby.
Patrick Fleming testified that he witnessed the fight on
the 9th or August between prisoner Kirby and deceased
and gave an account Of the affair agreeing with that of
John Graves bartender testified that he witnessed the
shooting OF hccnann by the prisoner and the prs-
oner take aim at Mctiuann before he fred.
John Caliegan bartender to 0Msllev, testified that he
remembered the prisoner having been badly beaten
the dock prisoner had two black eyes, and his face
terribly bruised and swollen; when he In, after
having been beaten he said he would have revenge
not quite sure prisoner made that remark witness also
remembered that John Lynch several days afterwards
came into OMaley's store and said the beating prisoner
baf received nothing To what the boys going
give him the next time they caught him. prisoner would
have to go bome either coffin or carriage; after the
AFFAIR at the dock Fergus asked for the pistol which they
kept In the bar witness gave II 70 him, but prisoner
returned II the same night; Fergus nephew to
1 O'Malley.
Officer Mooney testified that on the 9th or August he
had arrested the prisoner; when he met the prisoner
crowd were pursuing him. and prisoner appealed TO
ne was compelled 10 take prisoners revolver to keep
| them of; did not the crowd throw any stones
though he wonc Of them with large stone in his
hand
| The prosecution here rested their case
1 pErEScR.
nv. MckDHble then made the opening speech for the
Defence claiming that Fergus had reasonable from
the threats Of Lynch and from the conduct of the de-
ooased and his friends serious personal injury
| and was therefore justified Ia shooting McGuann.
John Dillon, who had been the partner prisoner
the junk business tes' fled that on tho 9Th August he
was In OMacy's liquor store together with Tho pri-
soper; be had asked prisoner to take their boat
dock to another prisoner then went he supposed
to do ~ he had been requested; ths general reputa-
ton Of thu prisoner was very good.
Owen 0Mslley testified that he kept q liquor store
| few days after Fergus had been beaten the dock
lynch entered his store and threatened that Fergus
would have to home this next time the BOYS caught
ter OF the prisoner good. This witness
anined and examined at great length but his
mony contained few additional facts In reference the
shooting
The then adjourned until this morning al Ten
O'Clock. II will probably be concluded to-day.