The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-02
T." su of bow,.a. aud It Is high tin. tia. rhi. stat,

mis-" Su Of homieds aud Il high tine that this stats
u shipgs should be made koo~n throush tas jury bog
ball AK from you gentsmsa, such verdict wi,i
t.ach every ruAp that chooses to ptssl In mis-
bresst that hs 10 not TO shoot dova every usa that
his path. The learned ls-l rhsn vent
ths crime Of murder as he uudsratood is It's
Paid beiiev-d che dref
cellar with premssitstsd assso to XIII Aoy one AMI
he bappsDeo the fact. - kill Tim 'thy S1ss,
then hs is guilty Of murder. although he did MT 81
ut him in particular. For tho purpose Of mskns out
the crime here charged to bs murder tbs cono-o ctSd
variou, auth oritiee ON Am-ricao aud English books
He inssisd that the jury believed tha prisoner hiu
islf provoked this anray sud sfssr~sris 6rsd the
pistol be Wa guilty Of murder But say thu
for the Defence this exciting All aud " tbs
jury not satisfied that there oooli time thsy
cannot copvict Of murder He read from Russsi "a
Crime" aud coDts nded that IL the rsd from
motive Of reveDgs, he guilty of murder bsosu,s
svengtr Of his wrongs What So be- IL the svi.
depce In this easel Why IL H. that the pr,seasr
armed with Fix barrel revolver heavily loaded Do
any OF you, gentlemen. walk the streets with such
weapon II you do. ! ask you for what inteat do
You carry about yoa and then AK yourselves with
what intent Austin carried that deadly weapon about
his person Council here described ths in the
basement and said that the jury cauld not u I'D
verdict justiAabe homicide the prisoner retired
and out Of niger; aud when out Of dsngsr hs
took deliberate aim, and fred twice amongst five
or SIX psrsons, all in so arrow COMPASS that it
was Impossible be could miss of them rhs couass
then went to define tbs crime Of nsaug tier, nd
contended that II the jury could bs Of opoi"o that
vict him Of msnslaus hter In the second dsgess
There vas he said, an attempt 10 make out y OF
justihsble homicide Nov, he would take the dedni
ton given by the council for the prisoner, aai
ask the jury could they reconcile to thsm'eivss to
verdict Of Unsuitable hoMcide. where tbs prsoasr
rstred in safety to the side walk aud then took de-
liberste aim and fred into toe basement amongst
seven per'ops! Counsel then TOOK o review OF toe
evide oe insisted they had not made GOOD their
threats OF breaking down the testimon the
ton and reveal the plot the prisoner add his fren IL
81 eae That was got up for hi, destruction. The
jury would not fall to recoect that eiace the
mt of this tIai the prsou.rs counsel every
day asserted that they would produces Witnesses from
destroy tho credibity Of Shea and every member Of
his family But after days of lsborou3 nvssti
est"n not single witness has been called sxaspt the
negro woman to imSsach those people. He then ad.
verified to the conduct Of the prisoner aud his party
from 1t commencement, 1t O'Clock the evening
Il the murder, and asked them to follow him ADD be
would track them through all their haunts that
.venirg They commenced their career, gentlemen,
which tho nag Of pasilism aoats From there thew
went to Sberwood's where they oreatsd the rst dis
turbapce; from thore they went to Pioteaux, whsre
they had another difficulty; and you will dnd the,
Austin used similar expressions st Pinteaux AMI ~
Sheas In one place be asked what they wanted With
with the knife from PnteAuxs They We at to ths ST.
Charles; frem that to the Volunteer, snt from tho
latter place to Woodbridge; ana you will observe,
they drank at all those places He then con.
mented ON the different accounts given by the
witnesses for the prosecutor, In rslstiou to the
ner in which Austin went into the basement. and
insisted that the story told by the the
most natural; aud argued, from the Testimony that
there could be no doubt on the mind Of say rasoual
but that the prisoner fred the pistol The prison
era counsel bad exbsusted bis In hsaping
abuse upon Shea and his family; but he 1.-THE sounse
wsud ask what business had Austin into Shsa's base
ment Mt all II 1t degra led his counsel would
bare you beievs? The Of this State throw thor
.bied around tho humeest she'd we'll the loftie.
palace. The learned council then commented on tbs
attempt made by The prisoners counsel to degrade the
character and feelings OF old Shea aud his family Hs
next took up the testimony Of Chattaer and showed
that Shea's statement the tree one. inssm1oh
Cbattslier admitted he made Q orsndum OF what
pared at the meeting aud excused himself from pro-
ducipg 1t by saying that he bad lost It, This fact
we'll worthy OF the careful attention Of tho jury. be-
cause 1t proved doubt that old Shea gave faith
full account Of this part of tho transaction; and that
Chattatr although employed fer the express purpose
Of making memorsn dunn of what occurred afraid
to produce 1t. he counsel concluded with very
vehement and eloquent appeal to the jury.
The case will bs continued to morrow, when the
other two counsel will conclude the Summing up