New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-10

coup,e for defense shoulo close.
The ID strict Attorney said although he did not feel
well il should not be SAID that there was any rreyu-
Iaity on his part and he woald proceed with ths
summing up. He then addressed the Jury in the
closing Of the cumming up
The District Attorney said-The cause has been
spoken Of far and wide. IL is remarkable for the
strength Of counsel and the array Of witnesses for de-
nse. The case IA important too, from its character.
While the Jury has been sitting on this case three
stsbblng cases have occurred. The question here is
whether the same degree OF justice shall be made 20
the high az well as the los-wh.ther the Law shall
rule, or each person mus, arm ia self-defeDse.
We are, gentlemen, alike before the public, and
was DESTROYS in empe lneliGg the Jury, that If the
prisoner went clear he might go unscathed, and not
like enc il Deighboring State, become an ouua~'
and also involve the Jury. stand here as an nun.
bic agent Of the law and have prejudice against
the prisoner; and when the counsel SAID was seek
ing the life Of the prisoner, be did me Dusuce. in
here TO save his life and Others I'D ine oPl1 ~ Al
law that every man shall walk forth unharheu anu
now after all The case has been heard the CONCLUSION
Of my mind is that the paisoner wiuiniiy committed
that act 4 watched the remarks OF the counsel 70
see II could catch anything in his favor he speaks
of the character Of Col. LorDg. Suppose should
sav of DR. Graham, as i might cay. Mr.. o Conor
interrupted and asked If the DistrctAttorney could
speak Of the character OF DR.. Graham. The Judge
said be supposed it was an intention to comment on
the evidence. The District Attorney said it
cannot be that he is TO be subjected to
such interruptions. When the counsel read here
a lie did bill oil lDdlctueDt might say, charging
him with things am told he never committei the
theory Of oefense is to depict Robert NJ Graham
mild and peaceable man and Col. Lorng all the
verse. There is nothing shown that Dr. G.. is such
man. Mr. o Conor here interrupted again.. Inc
District Attorney said the Jury must consider there
is no inpuaton on the character of eitherthey are
not to infer however, that good character has been
proved On the part Of Dr. Graham. They must be
governed by the evidence. He has had no opportu.
nifty to shew character, as be would MT, by rule OF
lauU dott tara "a dnuht lint nYls
Cherries LoriDg and the question Is II there was pre-
mediated design. The slightest previous premedta'
ton would have been sufficient, as lad down 10 the
case Of Austin and others. II at the distance OF two
feet from Col Loring, he sprung upon him, threw bis
arms round him, apo, after stabbing him forced the
sword up up, up. knowing, as physician, the PROB
able effect of the wound it would come under the
rule. As to the facts-Col LoriDg was awakened by
bis wife BY disturbance at the bell; Col. l.. went to
the door and spoke cOurteousy -at the second ring
ing be said you will obge me, as my wife Is sick,
"6c," and on an ntrnation that prisoner letter GO
10 his ROOM if he wanted to have the maid come and
put on his pantaIoons-G Graham said he did not care
for his wife and he would dress as he id pleased,
and also, that he would break the head aud cut me
heart out Of the man that did come, and something
was said BY DIR. Graham that Mrs. Lorng did not
hear; when Col Lorng said, Sir, if you re-
"peat that remark I'll break your head
He shuts his door and goes to bed, and then thir'y
deliberate strokes were given to the bell thus insult,
ing the lady who was sick. Col. Loring got up and
said be would 90 down and send servant, and was
met by Dooley. II will be remembered that Col.
Lorng said this last occasion, not word to Ora
ham Mrs. Loring saw a man and heard him say
he be id. Col. Loring came out of his room an
upsrmed man, he passes this party, he meets the
Waterman and tells him that gentleman was bang
| inc at the bell. Col. Lorng was not angry then;
When he went to the office and Mr.. wilson Appeared
10 exenuate or apologize for the person who was dis
turbny him. il was natural that Col L.. might nave
answered. as he did That he did go for servant Is
evident rs be wished the bell stopped which was dls
4 r. haI ma
cause be had arms in his room it is spoken OF against
him. He had just come from California ana VINO
travels from California without pistol But 1t was
In the case not exposed. He had no other arms IN
l bs ROOM but had two ordinary canes, one OF which
| he always carried, but did not then. He had no
right nor had Mrs. LorDg night TO suppose ne
II sboud ever see that man again, although IN Few
rinutes he was party in so dreadful drama. VIVA,
Col Loripg said in the bar room could not be heard
the head of the stairs where he met DIR. Graham,
lpr Graham, in the mean time, armed himself with
IL deadly weapon. He may have usually
learned t. but there is evidence before you that ne
lever carried it in undress. He armed himself and
stood at the bead of the stairs. No one saw them
when they first met. DIR. Graham had seen COL nor-
linz dressed but COL L. had not seen DIR. Il. So MIR.
Whiting said there was no such evidence; me us
ltrct Attorney said that Col l.. dressed himself be-
lore coming out the third time, when he said he would
Ieo for a servant DR.. G then knew Col Lonng
and what was the position Of parties at the head OF
INe s.arsl COzzine, who was near 10 them, paceu
him directly in the center, and Lorng took the wall,
Nvih his back to the stairway; and the other side
would induce You 10 believe that a man IN such
liusiion would engage in quarrel with one VINO hau
l he PLATFORM or entry, behind him. IL was sald the
vasversation was sharp at first. The gentleman on
be other side endeavored to make IL appear there
! rs hut there is no such evidence. Loring was
asro to saw "my wife, Who mentions his wife
rAen he is going into quarrel or about TO Cypress
mother mani He was exposiulatiug with him on
behalf of his WIFE not threatening this man and me
words and appearance of the parties impressed all the
: Witnesses that Graham TO blame and Loring not.
The direct answer of Graham was :" don care d
nov was spoken of, and Col. l.. probably said, ~
tod Won a lady was there" The conversation
vas about the bell, and the answer to " told
you a lady was there" was, You he.
The gentleman who opened the case said " TranauI
vas of high chvalry and gentleman. me latter IS
iefned as ono possessing courage and courtesy Inc
tjury will compare the relative conduct oi hlm ana
1Col. Loring on this occeson-the one was KIND, the
lolher overbearing. The counsel asked witness II
Col l.. had not called him loefer but the counsel
y his state mept before the Coroner has placed Dr.
Graham on the stand and he does not state that Col
LoIpg had insulted him. In that statement he spoke
Of sell defense, but said nothing about spasnodlc
movement as now suggested; ne said ne ala II IN
self.de,ense to an anprovoked ass2ult The remark
Of Mr. Wilson to Mr.. Graham after the event: :" Dr.
you should never druk, Is the whole OF H. hs re-
py was: al was not drunk, but sober, &c. There
one positive fastthe witnesses heard the calling
of the lie and there they start. Ga their side they
saw then came the blow. But do not think, as
said in my opening, that that made any difference.
did not place Comedian on the stand, because
thought he was mistaken. Cozzne says there was no
blow The uncertain sound that Mr. Rogers heard did
mot occur Immediately after the word " me- Rogers
Ibid not turn on hearing the word ne, out after
Hearing the tick, and AN inclined TO THINK Cohnohan
mistaken But allowing that there was blow,
twas not the noise that Rogers heard but more likely
10 be the noise of touching the spring OF the sword.
But they say there was a blow on the side OF the