, 1872-12-12
+: THE Pump P-HANDLE YoklIcIDE.
: trial OF Joseph ErzegoTitchfcr tie Kill.
/; ing Of Edward McGaaiss.
a Verdict Of "Guilty," and Three
Years in the Peniteniary.

Joseph Erzegoyitch WAS placed o, trial in tho
criminal Court yesterday morning, charged
with tho murder Of Edward McG.nnis, On board
the schooner Meridian, last August, by striking
flm on tho head with q pump-brake. States
attorney Reed conducted the prosecution, and
the Messrs. Van Buren,, senior and junior, ap-
peared for the defence. Bridget McGenniss,
widow Of the deceased, testified to the death Of
her husband.
Dr. J. s. Hunt, who had aesisted at the post
'"oT1em examination, testified that death was
caused by depression, the result OF fracture Of
the skull On the left side Of the head.
CAPTAIN JOHN DOWNING,
Who Was master of the schooner Meridian ut the
Time OF the occurrence, testified that both de-
eeased and defendant we're employed On board
that vessel as Sailors. The quarrel began by
defendants charging McGenniss with having
Stolen his knife, to which the other replied,
;"You ie." Defendant twice made pass at
him with knife, the blade Of which was about
Six inches long. McGenniss started to go down
TO the forecastlo, when defendant struck him
McGenniss struck him in the side with his fist
brake and struck him a blow on tho head, and
he fell On his face on the deck. Erzegovitch,
who was drunk at the time, appeared to feel
very badly about it.
ICQn' '0GHHluG, SOL OF the CapI1lQ, fGat1ueQ
that McGenniss first struck defendant in the side
with the pump brake.
:: James Il. Kerns, at the time Captain Of a tug
sboat, was on board the Meridian, and testified to
having seen the blow struck by defendant.
The States Attorney here rested his case.
s1R. f. vANBuREN,
8or the defence, gave sketch Of the test
which would bo offered in behaE Of the Pr
!twould be shown ttatthetwomen had que
In the forecastle, because McGe1niss hed
and concealed property belonging to Erzee
that the latter WIS first struck ri
pump brake By McGenniss out Of who's
be sratched the bludgeon, and defended
by striking the fatal blow, which vas
tended to take life, but was struck
defence.
was tho first witness called for the defer
testified that he was on board the Meridian wtto44
the ARRAY took place; himself and the defend
ant vent below into the rorecastle, where knife
was missed 4 sailor said McGennigs had it.
Defendant accused him OF it, and he called him
when McGenniss struck at defendant with the
Ind saying, "rI lii you before 1
have done with you" The blow was aimed at
and received it in the side. Then he snatehed
the blu3geon from McGennias' hand and struck
him On the head.
ELI METRoy1rcH,
En- Austrian. for whom an Interpreter YVES
drunk at the time. 4 knife and one or
two articles Of clothing, belonging to wit
hess and defendant, were found in McGenniss'
tho % 6u s esgsa t1n sRs 1s stesa eai
It. The latter called him liar, and struck
him in the face, whereupon Joe asked
bin to go up On deck Il be wanted to fight.
They did So and Joe wasstr9ck IN the aideby Me-
Genn1ss with the pump p-braze, the latter threat
ening to kill him, and Offering to etrike again.
On cross-e1amination, the witness stated that
he understood very little English, but he could
understand such current expressions aa 'iar,"
Pietro Smith, restaurant-keeper, testified to
the good character Of ErzegoF1tch, and other
Witnesses deposed to the same effect.
Captain Downing, recalled. testified that he
the blows were struck with the pump brake.
In the course Of the cross-exanlnation con-
siderable heat VAS created by remark Of Van !
Captain Downing and his son Ar. Reed joined |
In the W1anglo. and both gentlemen were sharp
y called to order by Judge Rogers, who threat |
ened to fine them for contempt in case they did
not instantly sit down and cease their pickering.
TIE ARGUNENTs.
This little breeze having subslded, the States |
Attorney offered to submit the case without
argument. The proposition was not agreed to,
great length. claiming that, in striking Modem
Mss, the defendant acted upon the instinct of
seH-protoetion, and could not be found guilty OF
murder OF uanslaughter.
In his argument, Mr.. Reed abandoned the
charge of murder, hut contendcd strongly for q
verdict Of tnanslaughter.
The usual instructions as to the provocation
and fear Of bodily injury as affecting tia issue
Of justification, we're given to the jury, who
tLca retired
TIE VERDICT.
After long aud tedious consultation, the jury
agreed upon verdict Of ''gui1ty Of man
slaughter" and fixed the punishment at three
years ia the Penitentiary.