The New York herald., 1879-09-11
KILLED WITH A LUMP OF COAL.
CURIOUS DEVELOPMENT IN THE TRIAL OF TWO
BROTHERS FOR MURDER.
N. L. SAINT

CURIOUS DEVELOPMENT IN THE TRIAL OF TWO
BROTHERS FOR MURDER.
FLEMIsoroN. N. j., Sept. 10, 1879.
1t is . curious murder trial which Is now heing
heard by Chief Justice Beasey in the old Court
House in this town. On the Goth of last December.
while Joseph Doll. German laborer, was at work
beneath the culvert Of the New Jersey Gen.
tral Railroad at Bloomsbury. village sixteen
miles from here he was struck by large
lump Of coal thrown from the top Of
the embankment above him. The piece struck him
in the abdomen and caused his entrais to gush out
Just before he was struck he chsnced to look up.
and saw Melick staats, q man with whom he was
somewhat at enmity. standing the edge Of the
bank. Doll was conscious for several hours after
the blow aud declared to his wife Anna aud
others that he believed Melick Stats was his MUIR
derer. Upon this declaration and the testimony
OF several eye witnesses, who had seen Melck on
the bank, Melick was arrested on the 22d Of De-
cembcr and lodged in the County Jail. Last April
the Grand Jury Indicted him and he was tried. Dur
ing his trial it appeared from the evidence that
Johnson Staats, q brother OF the accused,
was standing with Melick at the time
the chunk of coal went over and struck
Doll. Melick himself swore that he saw john
throw several pieces of coal to boy by the
name of Rosenberg standing few yards further
down the track and that large piece. similar to the
whichSkied Doll. struck the coping of the cul-
vert and went down the bank. Melick emphatically
denied having thrown anything at all. Both john
son and himself had come down from Easton on
coal train and jumped on the culvert and he
did not know Doll was anywhere near. So conflict
ing the testimony that the jury divided and no
verdict rendered
SINGULAR PHASES OF rHK EVIDENCE
This September, therefore, the Grand Jury In
dicted both Melck and Johnson and 1t IL their trial
which has been pending for two days. 1t is with
reference to this double that the curious fea-
lures have arisen. The State, through Prosecutor
Rafferty, .and Mr.. j. N. voorhees,. produced about .
dozen witnesses, who testified that they had seen
the two Staats the embankment at the time OF
the accident These witnesses, however, were not
which one johnson or Melick) threw the coal
They were satisfied that OF them did II. Rosen-
berg swore IL was Johnson. When the prosecution
rested s. Il. Perry and ex-Prosecutor Chamberlain,
on the part of the prisoners. opened by saying.
spectivey that Melick did not do it, because he
Johnson throw the stone. and that johnson only
pitching small pieces of coal along the track and
never handled so large lump as one produced
in court. The prisoners put the
stand, and testified the counsel signihed
they would. Their evidence left the in
decidedly muddlcd condition, and the remaining
witnesses sworo in corroboration of what Melick
aud Johnson said. The decidedly novel character of
the affair gave Mr.. John 4. Bird fine opportunity
OF showing the jury the absurdiy or attempting to
prove the prisoners gu,lty, especially Melick for
whom Mr.. Bird particularly interested. Mr..
Voorhees, tried to clear away the perpextes for the
state, and then Chief Justice BoasIey charged the
jury His charge tended to clear Melick but criini-
nate Johnson. The jury then retired aud at q late
hour have not yet returned with verdict.