New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-05

LOring my husbs0d; were stopping AZ 'A- = :
Nicholas Hotel Ms. l.. was asked ID "a u.l
vail sse Is lady Of dark ewes snt rather fat a'it
face, sire wen, while the Judge repeated nAr t-:t
nony thus far M husband awOke 1bolt nve ulii-
utes before : oclOck morning. Agg ?. a5oi. teA
minutes aierwbTd. there was the r.aZiDg Of 3 Dell
which Immediately beside N soOr IN the hail. It
Vas bill with hammer; II was ruuc about tea or
fftesu times | imc gine I mean stroke. OF the bel;
M-ior L. merely got Up aud went - th= dor q.
VIA. cid be say Objected 20 by Nr. COnor,
VITO ssid he has been chsrged with oense s,ainst
n. law and II i begun 20 state Whist was said bv
third peSon when he was not p-esent. rhaJ wa
he IRREGULAR even in case of dollars aud cents Tie
fact that he present should appear before whst
was ssit by dec-sse FL &c given to the Jury. Sdch
conversation may be proper TO be given when IL i
.bovn that Dr. Graham wa present; but there is %
rule by which the testimony can he admitted, psgtica-
larlx in criminal AZ the present stage Of the
t,isi All evidence should he rxcluded which j. not
regular AID which would be calculated TO make an
impression on the Jury.
fbe Distict Attorney asked if the counsel intended
N denv that DR. Graham was The person Mr.
O'Conor said TIE last duty Of defense would be to
come in ard make admissions tending to assist shs
D-trict.Atorney. .,
ev,ry act which took place from the rising Of tue
rri,ouer that morning til after the occurreuce wn'cn
nav il any degree bear upon the Question Oh malice
lie pnopossd to show chronologcally ny legat eV''
dence tiat DIR. Graham rang that bell ana tass Il d,
the person WHO rang the bell with whom deceased
bad the cc.versston II is. then mere question OF
the order of proof That il in the discretion OF your
Honor and believe public Justice will be seryei ny
stating circumstances they arose and rot cal MIS-
LoriIg agaiu
The Judge considered that the regular evidence
mus, be shown irst, before giving the preliminary
evidence He did not, therefore, think the testimony
Ia order now.
The District Attorney said few words in reply As
10 inconvenience 10 the witness. The judge sad
there might be inconvenience but il could not be
helped. Mr. Conor said the difficulty might have
been avoided by not calling Mrs. Lorng fret. Tde
District. Attorney then told witness not TO allude TO
the conversation. Mr.. OCouor thought the best way
would be nov 10 withdraw the witness. The Couct
said Il would interfere with the arrangement OF
the DistrictAttorney In answer 20 question OF the
District Attorney. the Judge said IL wOdt be
>sary IL witnCs is examined 10 exhaust the tes
tjmony except on rehutal.
The District Attorney, for the present, withdrew
the WHITES. =,
A witness was called b. District Attorney. Mr.
Whiting for defense then requested that all witnesses
who have not been examined be kept Ia anOher room
Tie Judge thought it would bo proper The District
Attorney wished The counsel 10 name tie witnesses he
desired 10 leave the room "a It might be san AFTER
ward that some witness remained after the order OF
the Judge He gave Mr.. ". list of his witnesses.
Mr. w asked If the Disfrict.AttorDey intended 10
call all the witnesses on the list The Dtsti Atpr-
new said he not pared TO say aha the rule does
rot REQUIRE him 10 aus As the learned gentleman
ing 10 law. ~.
Some of the witnesses ramed were cent to the Cir
cult Court room and others allowed TO remain.
Messrs Fee, Margaret Walsh, Con"han, Anderson
and Morris the witnesses were then requested 10 90
inIo another ROOM
loss oh Conizo the witness sSorn--Was the second
head waiter at the ST. Nicholas knew prisoner by
sight. aud knew Major Lorlng b. sight saw them to-
ceth4r between and clock morning. Aug. ,; they
were at the head Of the stairway leading from
TIE dining room. on second floor. The District
Attorney said there WAS broad stairway from first
TO second story halfway, which branches slightly TO
two narrower starways right and left, to second
storyl They standing at the center of the head
of the stair prisoner directly in center stood about
three or four feet from them
o. State what took place between them
A. Ihad little child by the hand and WAS going
TO pass own the left acknowledging il Oft; they
were late-do seendng 10 the office did not observe
apyibipg Extraordinary between them, but when tho
nurse took the ohild heard the n speaking rather
sharp to each other, in louder tone than before,
which attracted my attention: and heard Col. Lof
jrg IN no was tall gentleman say something about
some ladies-thst there were some ladies or lady
ther,--whrn DIR Graham, who was nearest % inc,
ssid You lie and raised up cane. The cane,
with sword much bent with H. was shown to wit
uess who recognized The color. He raised tho cane,
az thought 10 strike Col L., and The latter sAd %
him az TIE same time roisng his hands " stand on
ih.n The two closed IN together and went back few
uaces when Col LoriEg sand - | m stabbed, they
ir,s.d together few moments and separated: after
Col L. exclaimed that he was stabbed d.. Graham
let go oi him ard he sta gered and went feF PAGES
ana iell his face he groaned like mln struggling
n if be was choking; Mr.. Rogers, gentleman who
sup, rintends in the house, was coming toward me
NJ Rocers said, "Dr. Graham, you've killed the
''mon; Dr.. Graham replied, on, no; then "a"
that hooked weapon the bent s"ofdl III the Doctor
hand and then went into the dinng-'0Oin no blows
were struck before the stabbng tooS place
o. when did Graham take hold of Col. Lorng
Ohlecttd to leading and tina, witness had not said
precisely HAT DR.. q had taken hold OF Col l.. Inc
District Attorney said the testimony he lot go Of
him and how could he let go if he had not hold of
him. Tie Court thought It had noi besn shown
which rst took hold that the question had better
BE- varied
TN. tussling was so quicA-it all in moineat,
th., bad not been gone out n couple Of steps, when
heard Col. Loring say, "Oh he has stabbed me;
il was after Dr. Graham said, You are LIAR that
Dr Graham took hold OF Col. LoriDg; the witness
WAS hanGed the entire to show the manner
raised by DR.. g. when h. first saw IT, witness said II
IT, rg ht hand and over left shoulder, horizontal
on line with the left shoulder; there were sew
eral females and tw0 males IN the nail al Tue Tune;
one of them is the last that weri out; he went
nv the name of Gen Scott in the hOte. | never knew
hi name the other male was Patrick; besides, there
war Mr. Rogers and there were a number OF persons
attending to their duty whom might not have seen;
law them struggling but did not observe the cane
lin Dr. G. drew il out did not the sword Till al
ter Col Loring had fallen on the toor
Q. Can you tell the relative position Of the parties
when Col. Lorng was stabbed : OBJECTED to, as he
had not stated he saw the stab given The Distrct-
Attoruey complained at the objections. The witness
saw the drawn sword at the side OF the prisoner ard
is he not to suppose that Col. L. was stabbed The
Dstrict-Auorney changed the form OF the question
Witness-The tussle was 80 sudden and 80 quick
could lot say with which hand DR. q. took hold OF
Col. first; Col. LoriDg had his hands held up ia
front of BIN when they commenced, and said st.hd
OF; thought be wanted to retreat, aud was gong
back oil the time; they closed in together 80 qucH
that could not tell who took hold first Col Il as ne
was going back, rather stot ped htte 'or"n4' Df'
GIsham was close up to him, following him up.
Cross. examined-I have livedtwen,y years in New