The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-06-24
Trial of E. M. Yerger
For killing Joseph g. Crane, before
a Military Commission.
MONDAY. june 2lts, 1860.
NINTH DAY.

MONDAY, June 2lts, 1860.
Judge Yerger, tor the defense, desired TO
introduce the copy of a record filed I'm the
Clerks office of the Circuit Court ofIIinus
county, in reference to the SEIZURE OF the
piano.
The Judge Advocate objected to the adj
mission of the papers arguing that the tes-
timony must be confined to the points at
issue.
Judge Harris said:
| think the Judge Advocate will agree
with me that if a conflict grows out of a
seizure of property, and the seizure stands
in the case as the provocation to the conflict,
it is material to the inquiry as to provoca-
ton, that the seizure is trespass.
The prosecution has brought in the tes-
timony of DIR. Harrington that Col. Crane
stated that he had acted in the honest dis
charge of his duty, and it would appear from
this that the accused acted without any
provocation whatever. We propose to show
by this evidence, and what is TO follow it,
that the property seized was not the prop
erty of the accused but that of his wife. and
that this was known to the officers. Clearly.
no order, judgment, and no writ against
one man is any authority for taking the
property of another man. The officer in
taking property not liable to distress, be-
cause not the property of the debtor, is a
trespasser. In this case we propose to show
that the trespasS was committed in the
dwelling house of the wife of the accused,
in his absence. That it was fragrant, viO-
lent, and in the highest degree mortifying
to his family; that it was not followed by
restitution of the property, although q
Judges order had directed the restitution,
and that at the time of the fatal rencontre the
trespasS was persisted in, the officers still
holding the piano. Throughout all the evil
dence of the prosecution, this seizure ap-
pears as the cause of the conflict; and we
have Just the version of it which Col. Crane
chose to put on it that is: that the accused
had no ground to complaint, the seizure be-
ing in pursuance oflaw,and the officer being
in the discharge of his duty. The evidence
we offer will present the case of the forcible
seizure and taking away of the piano against
the protestation of the owner, and without
any legal authority, and in a manner calcu-
lated to outrage the feelings of the wife oil
the accused.
The charge is that of murder, and involves
a conviction for a lower degree of felonious
homicide, to-wit manslaughter; and in this
aspect of the case any extenuating circum-
stances, anything going TO show extreme
provocation, is plainly admissible, to show
want of malice. The Commission has one
side of this levy for taxes, and manifestly
the view presented by the evidence so far
would leave the impression of simple def
ance of law. in the matter of paying taxes
and in submitting to legal process. Now
the fact is, the reverse of this; and we wish
to remove from the case the influence of an
incorrect version of the facts, and TO this
end offer this evidence. 1t would be strange
if such evidence should be excluded. IL
seems to me that this Court cannot hesitate
to admit, if there be eXtenuating circum-
stances, all the details by which they are
attested, especially in matter like this
where the issue involved is one of life ano
death.
The objection ofthe Judge Advocate being
urged, the Commission was cleared for DELHI
Grafton, when on re-opening. it was an
nounced that the objection of Judge Advo-
cate was overruled, and the papers would bt
admitted as testimony-and are as follows
To the Honorable, the Judge of the All
Judicial District Of Mississippi, sitting IN
Odncery at Jackson, for the 1st Distric
Of Kinds County:
The bill of complaint of Cornelia a. Yer
ger. married woman, with whom her hus-
band, Edward NJ. Yerger, is Joined for the
sake of neutrality-suspicious. against
the Mayor and Aldermen of the city Of
Jackson, and w. 5. Freeman, city marshall
of said city of Jackson. Humbly complain
ing, your orators say that the defendants
the Mayor and Aldermen of the city of Jack.
.oR pretending to have valid claim fol
losses due to said city, assessed against the
said E NJ. YergeT, directed them, officers
and agents, on the 4th day of June, in the
year 1863, to levy upon and seize piano
then in the possession of your oratrix-
Cornelia A. Yerger, for the purpose of sell
ing the same, as the property of said Ed
ward Nj. Yerger, for payment of said taxes
and in pursuance of said order, the agents
fsaid Mayor and Aldermen, did, on said
fourth day of June, levy upon and seize saic
piano, and take the same out of the posses
sion of your oratrix; and w. S Freeman
the city marshall of the city of Jackson, hai
advertised, that he win sell said piano OF
the 18th day of june. 1863, as the property
of said Edward Al. 1erger, for the payment
of said taxes alleged to be due by said 4. NJ
Yerger, as your oratrix has been informed
Ia S409, will appear from the warrant o
distress placed in the hands of said Freeman
a copy Of which is here filed marked exhibit
A. and made part of this bill. Your ora
tors state that the said piano is not the prop
erty OF Edward NJ. Yerger, and Is not sub
ject to seizure and sale rs his property fo
the payment Of the taxes assessed agains
him as aforesaid; but said property Ia th'
real and separate property OF your Oratrix
Cornelia A. Yerger, and was owned ant
possessed by her before her marriage, and /
In no respect liable to any demand or CLAIM
against the said Z. M. Yerger-said plan
has bean IN possession Of your oratrix 70