The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-07
1HE HOMICIDE 1T rae ST. MCHOLAy HerE.
Qours OF Oyer and rermincr.
Ths R.saorsbis Jadge Mitchell prssidi,x.


rhs R..aorshls Jadge Mitchell rrssidisx
FoUErH DAT.
FRIDAY, Oct 6.-Bichsrd NJ. Graham, charged vida
the murder Of Charles lsring on tee "a Of Aususs
last, was again placed 1t the bar. The cou vas a
usnsi denssy crowded, and the hall passages tsas
ing thereto throngsd that 1t was with dooltv
entrance could be effected By taoe whose duties cs4
them there. ff
Or. UbI was recalled. and his cross sxsm;a.uo.
commenced by Mr.. Whiting q What time Of the dsx
your Examination of the body OF Col Loriag osa.
drcteds
A. At quarter past eleven O'Clock.
@ At the orape Of the wound whore the instr amsat
entered tie DO ~, what Was its appearance'
A II twas clean wound The edges were not ragged q
II exactly the size and shape Of the sword shswn -
would have Observed II from the appearances Of tks
wound ct the entsances
A. ehould ttirk would.
/. Q. From your examination OF the wound, wa tAers
any evidence Of the nstrunent being turned In The
A. There was not q examined with particular rsss~.
O II the instrument had been turned in the selr
would Il not have ett evident marks OF iU
O. MAY not the point Of the instrument which cans
in contact With the lung have caused the esratioa "
A think the liberation was produced By Withdrawing
O. understand you say that the instrument pAssl
upwards and forwards. Nay not the lacsration hsys
e S ss vs n
swn out another and that produced the isssr.ss.
wards, and between the ninth md tenth Ss; VII Sss
have the to show Us about how low the niash
Iwi.les: here pointed them out.l Q. What Is The
a. Twelve each side WITNESS hsrs drew linz Of ~
direction in which the instrument pascal The in
sumen did not touch the heart 1t did not 60 In that
understand you to say that the point Of the in.
rumsnt reached within four inches below the cavcl
A. Yes the left clavical.
@ By Jurcr-ls not that very prominent boaes
4. Yes; II I Is z small bone 9s :, and prOminent
viii you stats in your Judgment how that bend Is to b
accounted for supposng that the instrument to have
a. think the sword was introduced ~ Represented
it, and that it pulled out horizontally. ;hen ts
front Of the chest and then the blade mus either bsad
or break you could not get it out.
o Ss
A. Certainly think that's the way !, was produced.
Q. What was the size of Major Lorinss
A. he was large man. over xix ct; should seY
large muscular man, to judge frees appearances
q what weight9 A. As 5esr IS should think, over
weighed.
Q. Not . fat man, but tosy and musculars
A. Yes, not . fat man hut bopy and muscular.
Q. what was the depta Of bis chests
A. did not measure II but Think he must have besa
q What depth that be 4. did not measure II.
Q. What sort Of coest-not fat chesteds
A. He was boz. shssted; large, 20 wsrfui man.
q From the course Of that wound, c,uld 1t have bsea
inflicted by in front Of him. and standing about
fifteen or ergh cen inches of from hims
A. don't see how iticould. think It impossible. m
Q Could that wound have been Ii fcted BY person
front Of him, standing at distance Of foot or eighteen
a. don't think IT could think it impossible.
q HOyyn near fhevh hear tn fhar9
A. They must have been a. close together ~ thsS
could be- The person inactiDg the wound would have
could not do it unless they were in close contact
O. Such wound could BE- inflicted BY person in close
contact with the others
A. think it could.
Q. Would it be in the range Of possibility for such
The question wa: to b. the District Attorney
Mr. OConor sai1 they could leave that to the co%mse
Reess%Dstion By the District Hstorns1o OF ~sat e
ask whether this instrument could have been moved
in that wound Without oaucns some external msrAs
@ want to ask how you account force being a.
lied suicien.y stIcng to penetrate the lung without
A. account for it very readily; be,euss the sword
would b pressed AGAINST the lower portion Of the rib
What part Q! the chest did 1t come in contact wthe
q Did the INSTRUMENT, so far you could discover 1t
| the post Rortem examination, strike any bons2
A. Ibid not discover that II struck any bone.
O. it did would the point b blunteds
4. That would depend entirely on the force.
@ You said the lungs were sponsy9
A. Yes, spoDgy and flexible; It would require eonsi
deIable smount Of force to laesrats tho lungs.
Of hsjor Lorng II II had been drawn mp it would have
produced such . laeeration ~ you found?
O. Draw psrpsndiculsr line through the wound; how
far to the right left did the sword blade passS
ss ss1s q. % e
drawing Of figure made by the District Attorney
bow far from the spinal cOl.mn was the lscsratose
A. As much - three four inches from the spinal
column above but below it must have been ave inches
| from the spinal column.
@ In What mode, in your Judgment. was the instru-
A. don't know how was held in the hand, but this
r.: point ~ s sR there was nothing in the wound
another, and little In face Of him. could have iasiet.
| A. don't think he could
The District Attorr ey here placed himself beside IL
could person at that distance iaaict the woundf
A. You could naict it on me, a. you are about The
O. Then il the parties had st,od facing each Other.
and DO you thinA the matter could have bsss
A. soy az said before, do not think, considering
acted eighteen inches think that at that distance
| the aorta, or large versels OF the heart
O. supposiDg the parties ys's standing from six "a
A. 1t would be still more easily produced
Q Alta foot distance couldit have been inActeds
s.sso
O. How far was the nearest portion Of the wound to
| the left clavicals
| A. II mukt have been within IN inch Of IL.
O. How long is the left clavicsR A. It depends upon
| the size Of the heart.
| @ In this care how large was the left clavicaR
"a could not state did not measure It; II BE-
| tween three ard four inches.
Q: Suppose that there evidence ola positive cha
rsctsr conflicting with Jour idea Of the wound
Mr.. O'CSnor interrupting, objected, that was o
question for the jury.
The District Attorney waived the question.
Juror to witness-could man have drawn that in1
rument out Of tbs wound described with JERK e.
the person going from the who made the THRUST
or would II have required more than one jerk
A. think II would have required more than one jsh
to pun II out.
Henry f. Quacksnboss, N. D., examined by tbs Dis
trict Attorney-Q Did you aid In making the post NOR
TEN examination Of Msjor Loring? A. did.
Q. rescribe the condition Of the body.
A. We found punctuYe and lacsrated wound Of tha
oft luY extending from behind forward and vpxd