New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-07

time Whei Or. Graham, Was bot mar'actor1 ] re-
member HIM man OF high chivalry and bAsrng-s
citizen of distant state end the Jury will apor--
cis'o bis position While they have sympathy With
the dead they viii also think Of the Gviut In that
distant city there not hundreds but ,honsa ms
watching ms case and they will read your delbrs
tion with xisry. Perhaps AZ n wrong should have
alluded to such things, but. weu a. iudsts and
Juror and counsel, We are men. When that widow
went upon thar stsnd in weeds Of woe, / could not
help there was one Mrs. G. who Eat behind ne, who
had the same feelings that she has but her mouth
shu'. Perhaps the only in' nth that could unravel
this case, by the rule OF law is lent / could not
help thinking OF the clouds Of prejudice which had
oytrsbsGowed this but ihe clouds are passing
away, and our client will walk forth N toe sunshine
OF liberty and your favor. Ga, the adTautsges Ot
cross examination. It has been shown in ihis case:
Nv client would give bis boat hearts blood if he could
bring thai party tack 10 life The testimony on the
Coroner inquest, where but one side was heard,
created prejuGce wnch Ii fast passing away. " hen
the clcrI said on this trial prisoner look on the
" iurOr-iurOr look on the prs Jner there may nave
been in he heart Of some Of tbem As pronounced ~
the clerk IN old times. God send you good deliver
"apce" II il row for us 10 IN 1dow forth the eyi-
dence which will be fully given, and much will be
found different from the other side. i might aDude
10 several matters on the trial, but will not do
So a. i belongs to another pau OF the cise
We arc to follow Major I"ring that morning; meet
ING the servants hs going 10 the office, and proceed
ing M stairs and in brie time the life Of Que man,
unknown 10 the other, was taken we are 10 n mem
her as spoken in the Holy Writ, Cam talked to ms
L,otbcr Abel and IL NAV be that Cam under the mys
terous providence Of God took the life of that had
assailed him. If cross-examna;ion has shed little
lpht on this case what food will be poured upon
by the calculation OF the testimony for defense, and
induce the District Attorney 10 throw up his case and
in the generosity of his heart say We are Innocent.
The witness Of whom so much has been said will be
called by one eide the other. As 10 Whist the Dis
ctAttorney said about its being against the la to
carry dang erous weapons, IT viii be shown that the
n IsIt I.t. l. III.
carried with him, as was common where be resided;
and when be went TO his and took up his hat it
was natural to him TO have taken up, as usual its
daily companion. lie had it in bis hand as he al ways
HAD IL il was his ID his profession at New
Orleans, where II is common for medical man, or
other professional to carry weapon of some sort.
Passing by that shall show by witnesses that every
man and every woman who went on that staod, that,
from the agitation OF the moment, they were u-aken;
that there was blow given; We shall show it by
witness who was present, and that the blow made the
man stsgger; we shall show that there something
more than q muss. The blow on the brain Of thirsty
man, just ont Of bis bed bya giant Of powerful
man. care not whether it q blow which could
be heard fourteen feet six fee-bu will show such
n blow the brain of thirsty man, excited by
travel and shall ask the Jury 10 agree with us on he
natural effect of such blow. We will show, too,
other testimony throwing light on the matter. You
have testimony that DIR. Graham was angrier than the
other and oil that; but we will show the facts, ard
the witnesses themselves shall come upon the stand.
and the Jury viii scrutinze. Ii Is the truth to which
my client appeals-scru.inZe, weigh and deliberate,
for however insignificant every sentence NAV appear
10 you under the learned counsel on the other side,
every word is
tnize Hereafter viii come to apply the Law I"
the facts. IL is for me only now to remember that
the law of this State is the as in divine reveal
ton Although there was Jury then, there were
the gregation and the six cities OF refuge; and
was said whoever thrusts another with malice shall
be punished. The Jury is the congregation. and
At.a txytD
the SLAYER TO the city of refuge. The counsel con-
Guided nv expressing confidence in the correct decis
ion of the Jury, his fellow citizens. The above Is
brief outline of the points.
John Comedian called by Mr.. Wbiting-l WAS en-
gagged Cd Aug at the ST. Nicholas Hotel, a rotunds
man which il attending to the bell was examined
in this case before the Coroner and before the Grand
Jury saw part Of the atiray; ] stood six or seven
steps the stairs above the floor they were standing
on / was going to answer bell on the Sprlng-st.
side; when got near 20 the first floor the parties
were standing at the head Of the stairs on second floor
as passed them they were talking angrily; looked
into their faces; DIR. Graham looked at me; got
little timOrous and walked fast: when got up SIX or
seven steps next story, turned round and heard Dr.
Graham call Col Loring a liar; Col. Loring raised
his hand and struck DIR. Graham blow on the side
Of the head and DR. Graham was pear losing bis bal
nnce at the time his left hand to his breast
if buttonipg up his coat; | thought IT was common
cane then: he made an effort 10 draw the cane and
Col Loring caught hold of II and Dr. Graham got MS
left hand between Col lie two, and Col. H. got the
sheath: they had struggle for the cane abouta gee
opd or two; the sheath fell from Col Il. right hand
ard they parted about two feet, and Immediately Dr.
G. caught hold of Col. Loring and heard Col: Lor-
ing utter scream: DIR. G. let 90 ard Col H. feii Or
q looked al him, then very slowly walked down
stars took up the sheath then went 10 Col. H. and
saw blood ooziiig out from below his LETT shoulder;
picked M the sheath off the mat when they were
strugcling DR. G.. had his right hand on the end OF
the sheath: when the sheath came off it was IN Col
I ed done
| could not tell where Col. L. put his hands DIR. q.
closed on Col L.; the blow ofCol H. was with the open
hand on Dr. G.. head, and staggered HIN near to the
mirror: could not whether Col, loring followed
him or not; | did not see the hands of DR.. Graham
over the back Of Col. Lorng did not see Cozzim
there: | was frightened. or alarmed, at the time
| stoned on the stairs because wanted to see how IT
was going TO come out; gave the sheath, aerward'
Ia one of the policemen; when they were struggling
for the cane il was about as high as the breast ;
Bv District Attorney.-Dr Graham had his cane in
his right band his left knee in front then raised
il horizontally on a line with his thigh: when Col
Loring struck DIR. Graham the latter stepped back
az if drawing the cane. and Col Loring caught hold
of the sheath with both hands and they both had hold
of The cane; did not see how DIR. Graham held the
handle they were standing, when saw them, direct
Nv AT the head Of the stairs almost as soon as Col
Loring caught hold of the sheath i, fell from his hands
on the mat; Dr. Graham instantly went back about
TWO feet and closed on Col. LofiDg again. thought
saw. something in DR.. Grahams right hand, but ]
could not tell Nndt IL was WA, AT VI
HIM when he closed on Col Loring his left hand was
on the upper part of Col Lorings right arm and his
own right hand under Col. Lorings left arm the
right arm of Dr. Graham at first held up high as
his breast could not tell what was in his right hand
| was ALARM ed because l was afraid they going
to use deadly weapons, as gentlemen generally do
when they fall out So Col Loring struck DIR. Graham
with his right hand on the left and cheek there
was not hall foot then between them; l saw DR..
Graham 90 back small piece; know saw all that
have stated; am positive as 10 the blow; heard a
sound from the blow it was instantly on Dr. Graham
calling Col. Loring liar.
ILL., l,,ror l. IL. Lam hut