New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-09
THE GRAHAM TRIAL,
FOR THE MURDER OF COL. LORING.
FIFTH DAY.
COURT OF OYER AND TERMINER-
Before Judge MITCHELL

Before
Continued fIom Saturdays kyenins Edition.
Mr. Couor said reputation il not in evidence
there Is q rtuction between that and character IL
is not proposed TO Hsss "a Il man, or gentleman, or
an ottcor as We suppose be was, or as merchAa,,
Col Loring. Ii is proposed to show the 40" WHICH
exists i'm al men 10 lesser greater degree, running
in all ,hi uges from the dove 10 the hyeua- ten
deucy TO Feasibility anger. In someit Is nor SHOWN
but cherished III evil feeilngs-in othets ises in-
tsty TO the sursce and It's whole force IL Tue antane-
ously exercised the next moment passes ava, aud
is peihaIs repented of. We do not mean IN any way
10 cast n lroach The deceasef or 10 reflect upon
H., ,Lnrsct.r of his mind but that he was min
mon Of TO anger and resent, aud lncautous and III
consiaeIate ia the quantity of h's resentment aud We
Propose 10 show that IN connection wh nus prodSious
ielsonal strength. How important II - tor the
Jury 10 know this important fact There has
been no hesitation in shown his personal strength
or size. IL there bow Of this character.
What good principle should preveat being
slownl I.is improper 10 speak OF the faults of tho
De nd and il should hot he done only IN the degree OF
safety TO he living. The question OF the testimony
shall stend hetwe' the defendant and teons doom
and the grave or it shall he denied him. There can
be no good lection TO its being given. Your Hoaor
ia aware thai the amentabe event occurred at al
early hour in the morning, and was almost mracu-
ous that any peron should have been present to Wit
ness IT, From the commencement of the hrst word
Of anger TO the termination OF the event. the proba
bity is that there not Il lapse OF sixty seconds
and We have gbt to 90 10 the evidence that there
ives no premeditaOn. We have right TO go TO the
med tation ON the pant OF either. IL 10 question II
we hall 90 TO the jury to show the probabilities Of
the state Of m,d Of the paTtcs at that minute. Sup
nose should be seen with q drawn sword in my
hauo and person laying dead before me, and was
TO be marked committing murder like Cain
10 person having witnessed 1t but ourselves, could
not the habit Of the person deceased a. TO violence ba
thowD-but on the contrary, no consdered ~ IN the
absence of testimony u must that the persoD stood
there peaceaby, and that his lie had been taken
have bad no person 10 show It. Your Honor would
=. = .k.tl Ia haht -
unted TO som1 ambusm, anything Of the kind by
which he came into my house and caused snch sus-
pcion justified my acton. In this case there were
persons pres ebt but what another did not,
and one heard something that the other did not hear
and another that heard AID could not recolect half
on hour afterward. Still all is shrouded IN darkness
We mace Col. LorIng leaving the bar with threat
upon BIS lips, and one pretends To say what words
al first occurred. The most important witness per-
hops, could only say two words he heard, which
were my wife" As to how offensive this conversa-
ton may have been conmenc ed we are left IN dark
ness Some word that DIR. Graham said was heard,
and the Distrct.A Attorney will comment strongly upon
it. but we do not know what words preceded them on
the part OF Col. LoriDg. Your Honor may say no
words would justify the act, you may say otherwise.
When the words cannot be stated IL Is proper to show
the general course OF deceased such occasion,
to endeayor TO draw inference from the whole
Of the evidence TO who the aggressOr. Shall We
have this evidence ~ he the Jury Ia draw their con-
cuson as to that branch OF the case will cite to
your Honor some cases: Fret, report of Hawks in
Col Lorings native State an indictment for the MUIR
der of coored man, where 1t was offered 70 prove
that deceased was turbulent man toward white peo-
pie, but it was held that 1t must be shown he was tur
tulent toward the prisoner II was appealed and de-
diced appeal that the temper and disposition of de-
ceased and bis usual department toward white people
could be shown to the Jury, in connection with his
threats 10 prisoner. On the contrary, II his usual
course mild and respectful still il must be left to
the Jury, and new trial was ordered. Mr.. OConor
ALLUDED 20 another case:
Mr.. OC. cited three cases, in ALL the tendency Of
which was that where the mode OF homicide ~ doubt
full the general habits of deceased whether his temper
was such as to warrant action in selfdefonce, &C.,
were proper to be given TO jury and he Mr.. OC.D
cOBeDde0 that the evidence offered should be al
lowed now.
The District-Atorney replied with much animation.
He said be heard of such offer 10 Court Of
Justice. Suppose be had offered 10 prove the chaf-
acier Of DIR. Graham, he would have been met by q
hundred cares 10 prevent IL. The character OF q
prisoner on charge Of murder, or any other crime,
is not TO be inquiry the direct Of prosecution.
As TO the present case Dr. Graham could have known
Loring, as be bad seen him before that morn
ing could not have struck the blow from fear a. To
the habit Of deceased, and the evidence is that DR..
Graham advanced upon Col. Loring. The District
Attorney cited several 10 show that testimony
TO prove that deceased was violent mao conld
not be admitted unless the temper and habits also Of
the prisoner could be shown, which they could not.
Also some that the character OF deceased was not
q
II = ~ stated by Counsel on opening for defence,
that they had not been acquainted til that morning,
and the killing occurred probably in less than twenty
minutes from when they first met, go that DIR. Graham
could not have been acquainted with the character Of
Col. LohDg.
The case cited the other side 10 no authority on
this question. The rule laid down there the State
agt Queensburyl was, il deceased was known to ba
de ably and quick, and his ga ments a. it said,
stained with many murders, the language Of the law
lie, you have night TO anticipate sssault In self
at the hazard Of the life Of your ad
veary. But that does not appear at all IN this place,
a. they were strangers to each other. That was 9
case IN the State Of Alabama and there is no other
deoision there to confirm it, and the Offer 20 far ~
know was never before made in this State.
In another Gaze spoken Of by the Counsel, which
was The State agt. Beckett Firrt Hawks report-it Is
competent, it Gays, for charged with the murder
Of sI2re to show that he turbulent towards
white persons but it also says that the rule in reis
ton TO slave, and could not be extended TO tho
general relation between white persons.
The District Attorney also read comments rom
Wharton.
In this case the conversation was partly heard. Inc
words Of Col LoriDg were my wife, ana w 'es,'-
mony Of Mrs Loring shows what induced these woIds:
DIR. Graham said to q witness, IF were not iU srse
id bell this would not have happened. Inc
whole thing shows the words Of COL Lonhs, N tnU
Gaze were words Of expostulaton-the words were