New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-03-03
Trial of John Is. Austin, Indicted with James
Ncsbit, on n charge Of the Murder OF fini-
othv Nhca.

COURT or OYER AND TERNNER-Be,rs Jais. EiHoni. and
Aisnu-a sisTszs and Dois- a 'SfiH"saJ
Mr. David Grsh.n. on behalf Of defendant, commenced
the opening Of the Court summing up, ard occupied M
about O'Clock beag beside ne recsss IsIen Tor dinner
Hb0ui I'VE hours lie reviewed the testimony and com
mered with much severity, Hpon Dir. and Mrs. Shea,
father AID mother OF deceased john The brother Clara
KIM &C. Witnesses fr prosecution, c0niendng That her
testimony b. ere iiled hs the jay In speaking
1ihe ARRAY 10 the basement n ssid the truth IT, that
PaTci Shea, TAXING offence al somethng passed behind
the bar and threw the lumber and then The pitcher, and
almost with the rapldify o. thought came round aud
armed himself a. n0ne bul demon would With de-
cAner commenced a desdiy stack br Austin, and
sssued Dy the other persons there-ns denied 1881
Sir Austin had fred pistol a AL but II be did Il was In
life danger from the continued attacks, whether be
wss ,1sdc ih- Threshold Of th- outside He
VS. said Nr a a. shown by de testimony Of Mr. MEOW
an saek rr,Iesling ard wounded before bis
81 a .,s he's Tx to ssf.sd his lie Tin position s
be coDsce. dsngsr by tsking the life " be as
.,reet ar @ c1nseaded tLsI me ,-.rsesy soaslfa
whether ths pistol fred irsoe Of the basement or oo
sdehst there Ia rei'sb!e testimony shAt Aasuu fred
e islo spd under ans circumstarces was justified
the Jury considered 30 fred 1t IN 'efdefsncs Mr. O.
viewed CONNECTED on the testimony 90 both sides and
made bis usually able thor 10 me jury
Mr. whes,on, setting on behalf Of Mr. Iordsn Attorney
Gsnsrrl a. ASSOCIATE couusei with the District Attorney
hen He rTefa-ed hs remains by iu,nslng lhs, he
would not aprea IN hs remarks 70 the Jury 10 their pre-
idces sympathy but TO hsif 'rn.e OF 'ce sn sound
Judgment The jury need 40, expect o him hsd been
saIed ey ths s,st place h.. not
The ability The seco no, the will tbs msn 10 not 10 be
convicted by eccuence, orisu he is convicted A.
al he be 50 by he law and me evidence o. We case
shall .sis ssd Mr. W. the facts and prsent honestly the
deductions and conclusions ihink should now nom them
II after hist yoa linf pro2er TO a5auii HIM no one n ,
fsaresy my duty and cal upon you as men 40 hose
occupying the al important position OF Jurors TO do yours
Let once that there IL not trmneis enough In
The lry box give honest upright verdict then usfe
10 an emf ofaw and aw has become dead letter Nsiiner
do want vou 10 your gsice repress your sympAhi-s
If be innocent acqIt HIM guilty say soand dou1i-
hl him forth INTO The community without smell Of ne
nv alluded 10 the TACT 4 defendant hsying loaded,
cspped and placed 10 biz 'ckei The barrels OF areYoy7f
me Aing him. OF colici, equal TO six mer What
should be DO for unless from some motive Nssh 20 he
recesssrv IN community ike this Al night, 10 take
such weapon Tor &c 1efsrce. Mr. W a. he RUE 10 gov
ern DE case stated The Jury that hey believe tle pi-
oner q msef with ms deadly Ueapon WIN sn ~
Tent % 10 use aims, human life II he shou get Toto az
tav and induced OF encouraged 10 provoke Ne az
fray 10 question or unnrcrsia ny 70 Al'e y
been commenced by oihers, because be was h1s anec
80 n ~ me isser,pi he rsce.v, the bio - sl.hough
his weapon II hsnd and waited t ne go' oli oih-
way nm before he used the pistol he has Used a.
me deiberson ihsi the law desisnsef snd 10 gHy Of
murder. . 81, 49,, ILL.,, /
Witnesses c'-tsn1lo8 lasI .soss ~ 49, So - 80 20
6fv r,nsfent n that u Mr. and kf- shea John sues
ihs son and other witnesses iyf u p a, ~
spote Of t- elder NJ She's being Heed 70 ltoNcauoo
beating his chdrer &c Mr. W coz niot'sa sao~ias; "a
certnn points is Inconsistency fs 10 - oss suaetsl
10 iutosicau0n the Jury has seen mr. ar as S suy tl
OF SUCH tie u not i y eFlrl ono OF
our osi rs6aed citizens he not Awe Of or coaniry
bui II he counsel COR defence could ave impeached as
general character hs, would have ce-' esAn 70 DO 80
Is irus this eoOfed woman h.s D,ea olu-sh. ua wno
.sv, he ALWAYS Invited her 10 dr1t VIII liA Fho some
wfstirr. gular has been allowed 10 shoS me particulars
ard even The Disgrace Of AZ efrs 4s9.rf his O-sr
S,s,se5 r,rtb BIT even edmil ha b. bed ceea kccus
TONED 10 inoacsu0n- had been n III habit Of beating his
Gfen- be hss here, before 10 1ol 70 TEL me
trS and there : 10 reason doJb.i BE- hls tcre 50
RI tells YOU mat b he prison ef ne 70 81 II ne
jury b.evs there . AZ end Of - css- Ih- ccunse
sis5 alluded 10 he testimony OF Cara knr g. Ia sans
,c ard 10 hat Of Mfs sn-s, Beiher o. ic1 has been
ipesched ssto ke,bit n ~tai aifs ; sll o. 81 D. re-
"a 10 Au.tn Ccutsrymen, where's s ais.1l tire
away il uue he scuay euiy z'n ae pl-l .1v ts2ef
The counsel spoke Of Patrick shea and ne o. ~ mem,
ber, he f.y STATED the EprNuoi provo aren hey had
receysd and aked they were ces5 yi1s 81 tnr ahlse
whih had been he-ped upon mem 5y Coacse- iis also
n,o sd courage ard lk-ly 10 5e ecied sat de-
.r1inei M such esss occurred, 10 have etreaiet
vbeu esc,ed with hs f-ce 10 us op9o1-ls I'D deloe-
49, =, 49, rr;tted he act The pf.so1er heiog
rounded here by hs -nts shows 'hrie 20 oe
loved Ia him 10 probably toe Io.o q e.'.e...h -
ac.usisd I'm eoIdues such as vss hsIs '.o~n Sot
winch should etcs2e his, nsy ieao 10 l o. y Ia me
future The Cognss $50 ed 70 Ssf- ~ ne yoons
womsn " 10 STATED ihsi she say eei,r-h. ne psloi
al b5ueb her testimony entitled 10 oeie' she 70 sad TO
BE- lvlag di.sofus ifr is 40, den-o '1 would .inos
NAE ones hrsri 10 bleed on hehocne tef lipesrsne- on
- .tsrd b- spparesi snkaess snd honesty 10 mink she
,hogId b. G5ardunsd Tue G. urse --a eA.ed me sa-n
- - The inv 10 The cause. TOO ofrl u such cases she
- 49, 80 mora sinusd sgslrs. than shining -"
Hes % referred John % ne SCI lAVag oe-n Gf-s
Al f1.t PREVIOUS 10 his being va ird ~ witness be
49, 40 b-r ths mn b. b., slresty sworn TO 10 Stow
bst.so ~ DC has already sworn H. snd ne counsel ,or
prc.-ccn d not choose 10 Place n-H Dead u nc nei ~
r'r hin - oosorrunily swear sgsia Jctn te-afe-
o. 10 oar hs he never ssw ne na1-ii a sss Gu
ri. rc s-uce bat = rol su2Possd IA; re h9nSrsnlo
ecursel Tor i-sru-r, lie pr,ocer nse were irsi-
rrrrtsl In cal.iag The chsng- 70 - z ia- 81,
The eaurse. made ones re-ssffs ~ 30 -
49, sS---.i Ftle srer OelycK- sOr-r explanations
80 100. wee m.de by Mr. Grsasn ADJ ise D!.res
srorr- heu he COgu y4rne1 10 10 oeocE his fore
uoon when he charge VII D. g-Fe--
rprr Sofr NoyEsEsr.-BOb Johnson, slave r
Il .,.sh..l- ahf.nnded :