Waterbury evening Democrat., 1907-02-20
Intent to Murder Changed to
 Simple Assault.

In the superior court to-day the complaint against Rocco Trahcantt charging him with assault with lntcnt to murder Joseph Errfcs. on Sunday evening, September last, in Nauga- tuck, was changed to simple assault and he Vas put on probation for one year by Judge Robinson. Attorney Kennedy represented the accused.
 Erric0 was tried for the murder of Traficanti's brother Pasquale at the October terln Of tho court and found iot guilty by the jury. The defense was that Traficanti shot his own brother Errlco and the Traficantis were in party that had been drink ing Italian wine since the previous Saturday afternoon. Michael Errico tried to light his pipe, but the wind blew out the match every time and he became irritated and cursed ''the Madonna This brought Rose Nina nj oil the scene who reproved him for cursing. ErricO called her names whereupon the woman's sister came out and went for EFrico. She had pistol, but man took it away from
 her and then somehow everybody be-
 gan shooting. Joseph Errico was in the crowd. Some one shot him in the thigh back and shoulders and, as was
 said at his trial he had enough lend in him to kill any ordinary man. When lie was shot he fired at Pas quale Traflcanti who dropped to the ground. Rocco then fired at Errlco, oil seeing his brother fall. hence the charge for shooting with intent to murder Errico. Pasquale Traflcantl died and Rocco Sabia died day or. two after. Joseph Errico was some weeks in the hospital and 1t was thought he would die also. Another man is fugitive from justice He l lied the night of the shooting and has not been heard of since.
 Considering these circumstances and that Traf1canti has responded to the requirements of the law since his
 arrest, though he was on bail, Assist ant States Attorney Kellogg thought
 he was justified in changing the com plaint to simple assault. In explain- ing the matter to the court he said the accused believed himself justified in shooting at the man whom he thought
 had shot his brother dead.
 MT Kellog said he would have nOll- ed the complaint but feared the effect on the minds of such men as the ac-
 cused. He thought he ought to be punished in some manner in order to convey to such men the impression that carrying weapons is dangerous practice. The court believed that by putting the man on probation for one year and having him report once in two months a reform would be efrect- ed. He gave Tranficanti a severe warning against the practice of carry l ing dangerous weapons. Traficanti burst into tears as the court was | speaking to him. The case against Herman Halpern for theft was put over to next Tues
 day, and the case against Hugh Me Leod. the chauffeur, for manslaughter
 may be called tomorrow.
 l Giuseppe Viani was put on trial for
 assaulting George A. Deyine with in-
 tent to kill him. Both men were in I the employ of H. NJ. Rigney at the garbage crematory on December 3, I last. Devine was teamster and he
 was passing from the kitchen to the
 stable when he was attracted by q
 rumpus in the dining room. Entering he saw yiani with knife in his hand l going for fellow workman. Devine.
 who is u young giant. seized viani l and threw him to the floor. As Viani
 was getting up he made swing at
 Devine with the knife and inflicted a
 wound that required five stitches. Devine went for him again and tool, I the knife from him and held him until
 the police came.
 viani is defended by Attorney Guil- foile and there are five witnesses on
 each side.