New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-03-02

Airi'lrh stevens A'' 'Nt-' N'''f
co,oue, Walters. sworu-The testimony Of Mr. McGow-
An ltuess oa ur CorOners jury, corrected IN one
or IL psrucular. a. his suggestion, the nr.i day he
proposed no corrections ihsg were d1egsrded on The
be signed sud swore both; t0Ok down bis testimony
"a gave the jury on The hsl inquest dd not agree
which was the cause OF two COfoners inquests
Also xsmined on The nqussIs, George Smith sni old
NJ Shea. ,
the u the coats by Mi : a. has been stated here
Objected by Nj Graham As not coming, h- said Win
In me reservation Toe Court considered that the es'mo-
~ left open, aud Il did not consider had power 10
control the Dl.tnct Attorney In the matter
Wi'aeu resumed The suggestion came from one OF ice
Jurors on the inquest on he second day Nj She.
could IDENTITY that oi AUSTIN oil The Goals ha could De %
,aued about the premises collected ard thrown INTO
pile sni Ar She's called from smother room 10 50 ecu ,ne
coat; after hsudliug o. the he took hold of
Aghsh coored and remarked that that looked some
.lng bus he would no. swear mat is tue COAT h
the coal hai snps- suppose ne meant mat oi Ausu
think he up hsd not supes oui the one me VIII
ne OIL the a o.- OF the COrOnrs ury) pointed out here
. same told shea not 10 be In hurry ol
be- careful sfer h- mad taken up the nfss coat
snr handing several u The he took hold Of that Of
Austin. aner looking at moment or 50 he threw down
eni said could 10 either Of the coats hut be
conid r-eoguizs The man among : thousand men.
By lfy. GrdhaaAm not IN the hAOit OF Jung MI awl
nc 1isbf fv- .sid something OF The kini TO Mr. Nc.
C3oean recolect MIR John Graham attended the
eXaInnaOn lad hard WORK % make our notes agree
do rUtt hnk took do an all Nj NEG said word Tor word
there o1g story NJ 10 what occurred IN trout Of shras
house which pui down IN few ~ordti VIII not say
down al his testimony word for word; might have
omitted corrections lie suggested, bur do DOT
remembers think Mr. John Graham objected % he depos
the second day he objected 10 all didi know lhtt
Patrick shea tho when he father looked At the
ana told him mat hey were trying TO deceive him, add
Told Patrick not 10 interfere considered the plan as TO
the coats unnecessary farce ss Mr. shea having before
supposed he YOU A. once Identity would
not have allowed IL had IL not come from Juror
b. he Disfric .ffi0rHey-The correction MI MEG pro-
posed was, written when he heard the report Of the
pistol Ausin standing on the second step AID wss
stsLding The same step with him. The correction was
d" was standing o Il level with the Sidewalk"
The deposition OF Mr. Moo was then read-iI was only
The testimony Of George SMITH before the Coroner
saf hs notice was FIRST attracted by the firing Of the pistol
On question being asked by Mr.. Graham whether the
strict Attorney ha1 not commenced taxing NE deposition
OF The cOlJred woman Williams three weeks ago The
Dlc Attorney replied that no asked her question apart
from tho testimony and hnding her an unwilling witness
thou gh would be proper her testimony for the
Jury, mat hey might see her manner
Th. District Attorney then said they rested their case
Mr. Graham remarked that Mr. Stevenson the witness they
had spoken Of for defence had not arrived from Bridgeport
and tho defence would also rest
The case then closed on both sdes short was
taken and MIR John Graham commenced summing up Tor
lie began by abiding the prouscsd Of he Trial
bur he Time hss come hen the Jury viii have an opporu
uily 10 reeye his client ron persecution from ne p1ngs
" piIess storm. The prosecution has higher Ongin
Than that Of humss ln0unss comes from that command
thou shat not Kill A vivid picture Of murderer wa
thea drawn by mr q and he appealed to The Jury whether
such picture could apply TO the prisoner There are Ger
lain scts the deny that Timothy Shes IL
dead he has fallen by the hand Of bute
ques FOR you decide by whose hard he has fallen
Sir q then called the attention Of the Jury to The aw
10 murder and msnssgghler. Allow for the sake Of
his Argument that Mr. Austin did ire the pistol which IL
by no ru-sus admtted and ID will be- shown by The argu
hat nothing Of the kind haI been proyedbuI admit
did FIRE 10, In order convict him Il be
shown mai when stood upon the ,fewas A. IL vas said
he did he collected and sefpossessed and before
dc9srgi0g the pistol into Tue basement aid with an IN
tenon Isks tue ie u some Individual Take The slus
ton u Austin at the ime with nine distinct wounds upon
his face and body At The very moment 10 that basement
and The jury whether such state OF hings existed
Nr q. hen cited several showing particular
that have been considered murder and others
slaughter &c he then prOceeden to review the testimony
l tod Ffafr had IN ..Nfr -
The witnesses too deprsyed believed,
and the scIs tend to show they mistaken that Austin
fred ne pistol tie commended hat prisoner entitled,
he did Gre Il, TO acquils, being In 'efdescce,
sod made an eloquent appeal on tho various pon. 70 the
| Mr. McKeon, District Attorney, followed He referred
10 The fair and patient MA which has been had The
spOusbiy, SAID Mr Nick ress upon present 10 the
jury on behalf Of INC people whose laws have been yo-
lated ne facts Of ne i Dot 10 be disguised I5s The
spirI u homicide is abroad In this communtya mania
snd battery have become changed attempts
murder, snd Il s nigh lime that The J1rybOx should be
awakened ls not simply asregHds Austin bot hesaer
your Lives and ths lives Of your fellow citizens
Dc protected by he laws, or len 10 the viii and caprice u
every ruan Mo ca'nes pistol intend said Mr. Mex
" sucn verdict Will sci s sea- upon such
merely 70 fesen Austin but 10 deter others from The ike
| deeds. shsI nx cohNcuon iof murder mere are
elements 10 this case TO make DOT he crime Of mar
der. IL Is shown 10 the - vol o. Revised slalnles
- edinon p OF, mat 10 enect DEAN where u 10
| pslrelcd 10 manner immnenly dangerous others
when ey1ncing deprsyec mind though without intend
iog 70 ske ne He 81 any particular individual, u IL
murder II The Jury bellows the defendant 80 psrpsusted
the ac he q guilty VI murder the law INTENDED reach
jqs such case - his where Ere acrOId In
mscner eyincinZ disregard q human life The Jaw de-
tnizg maoslsu2 ht-r referred TO- Nr Mex con-
Tended LAT Toe stated BY The witnesses prossc-
uon ~as ne correct one Austin 10 The house a
without sDy trouble, bci Austin did follow.
not lusn1b.e homicide for there danger Nesbif
nsf not ne moral courage Of Ausn who stood
lG- man who was used 10 danger and did cla o.
der T. When - struck with toe decscier b. mad
bred We would have supposed mgh have been suddenly
insug.ec oy passion, bat ne deliberately considered
matter, got on the Sidewalk " danger lhen fred
y. h- Got out Of danger completely The momengi he
~as not s4fsn-d with hing once bat he fred ard
tne second dcnarge showed the intention He drew The
revolver from bis pocket wherever /. concealed.
AID lred among The crowd 10 thsi He
| intruder; Dc came out murderer. Hr Mex reviewed
ne testimony spoke 10 terms Of comm-udson Ofn asn-
ner 10 which L ara hrs her testimony the rss sn-
rzn 10 appearing witness against man VINO Is ssf
rounded 0y troops Of friends &c-aso n no testimony "
the she's family whose sory borne By al No otaer
facts u The Ar Mex also alluded 10 f>-nK rfns
70 me attempts made % deprrss snd wound ne ieln o.
hr Shea Tue aher Of deceased already sfcsen Gown ~
The h. has experienced he sso referred 70 NO
fact ths, Timothy Shea the young man ihA 800. hsa
done nothing ~hseyef In regard 10 INC snfsy DIT nen
concluded by powerful appeal 10 the jury syinz MAJ NO
bark Of pubic safety secure wnle INC Jury OOA Aeps
| pare, &c .., -,
he Court adjourned this forenoon, when the Jury will
be addressed BY Mr. D. Graham, followed IN conclusion
| By Mr.. Wheaton
| ~ THE GIANT AND GiASTEss close heir engagement
dsy sler tomorrow; and tbs positively thes lssg sp-
n-zrnuce 10 New-YOfk would be Iuwise Tor person