The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-10

is egred b. eleven orcrs. @ -"t ~ VINO they sc;
but LEI it bs showa osher yr ard ask him Il no
viii sign it.
The petition Their shove to the twelfth juror
(aobert wepInsn Wgb.) wLo having read It, said t.
the Officer, No. siI, cannot s!ga It,"
The cf1cer thca Eeu Ied the petition TO The Cou1t
The following i copy Of 1T
Ngw yonE. Oct. ?. 1854
20 the Honorable tha Court uysr teemlnei, nov
L .sssisn assembled he .I.s su,ee Mitchell rre. ais
Fbsssss NO eupanucllod in accordance with the
sw made and ptosoea so sit jur.Ts in the case no
sans before ths oa cu : .st &c the ftSS' against
Charles iorio and osng sysra g rosues isss and
presented full IL Ses.Gon OF the case before va by
Whereas hss Lsea charged asans. Of members
ttsthe is connected The cid Aotsr Gishs by tee
ymdis. IN y s.se Id thereby r,saas y ss
ecs citizens causing hoa co prcudas whatever verdict
In it. wroou, DO doomed most expedan.
S y " 81 S u sss S
.i,l SAD painful circumstances r,,c,, :
x n' sIfl::. E Esss l. T a,ss.
Thomas bngsn, Jr.. lhos. Judge,
The ,c-r Justices continued to consult for time
Judges E,oseveh Morris Go ia then retired, aud
Judge Mitchell, addressing the ju,y, said
Gardener Although have drcc.ed that the petition
nhich ycu have Presented should be han ed to tue
Court II at the Court AID counsel mig s4e IT,
yet tho tenor OF Sl BE- known 10 ottofs aso
Il msy have KEEN very natural for ou to enter eu the
feelings that she BY petii,n that has 90
rr,seS.ed Tbe our h., ever. can only act On legal
srourde in whatever Il does hea you were en- pannced
on the niy Jon were II tho use OF til. examination
sho0n that it would 10 inpfo for you TO roly
any c any tact, tho kn< wlcdgc Of
which possessed yourselves, der se1 from any
source vi aever such "a communicated 60
you b. the vi ness.s tue staod And if you had
kntwa Transact hat lso octur:oa bet yeen these
most confident assurance IL i,ou would not DO JUS
tiled in giving your verdict in accordance with tina.
lnovdge Tor yousre on '" decide accodus TO hs CYL
sertc that ny ba y, uced legal way before you
Now TO tie oHc ATTY which is ne presented wo
have 70 legal evidence II AID however much you may
feel annoyed " ssststnsut Of tn Aid aliuacato nsi
ther Jour honor that Of tao Courf OF any
cthc- trscr 10 ac,su By 1t Until thlre bs proper legal
evcente I-,ssn,et ut 1t IA tn ccute tts.n the ia Il
hld Ken snown any other re-.oc and thst per-
son bsc cacsca 10 Arics,e tn = c ne might have
known tie wsr wnicn IL ought !, have "a
brcpgh INTO Coar II hos rot bees b:ougb. into Court
that isaal aca tie eore you Cannot cons1er IL
"a fac: exciting Ia aea'on 70 that, there me dbl
cIltcs tx the way, thu .ect aiesea admit
led. 1t mag DO dvuptcc whether ths Court have the
pove 20 discharge jury and at tns iinie 70 Try
lie aecG;el agaia ard toe Court I'd hat poSo, !.
Il ii should tuin 'hss he Court possess thu; power,
and IT,. ito in guent 10 be rendered. shoad De multi.
ty then har rssult from your continuing the
trsl undsr these circumstances decline interfering
in tbs matter and must leave you 70 oct In Jour own
way.
Mr.. oConcr then referred to the position CT tho
cussS in this case, and tho many difficulties With which
his COUNSEL had {, co,serd. He also sladed to
paper aoeusatons am concluded By saying that there
thing dsarer than life to Or. Graham end tie
pArnex Of his arcs who hal sat beside him with deep
enxisty for the result OF this inves is that no
should 60 forth not only freed from tho accusation with
which he charged, but with unsulied reputation.
BE (Mr oConor) had therefore TO ssy that h. ia
- II
TO ask for tho Withdrawal OF the Objectionable lror
BE mig hit ct another tins defend himself rcm any i'm
putat,on tina. he (ur &C his associates had any
knowledge OF the oxs'crce OF the objection when tho
After long consult atom between the counsel ard the
Court On the legality of the Withdrawal OF juror the
following consent dawn up and Ignod by Dr. Cra-
ham and his counsel and also tho istrtct Attorney
THE CoNsE.T.
In the Court Of Oyer and Tcrniner Of the State Of
county Of New York Of he ossoosr term, 3 1854.
Der: 1854 The People Of tss State Of NeS York
Upon an Indictment charging him with the murder Of
Mr. Jasaos Aiteheu holding said court.
tern sfessssd IN tho yssr s9rs aid /. tsas sosed
S.of. Il .A . se!y
sSss ssss e III sa IN a. sa'
SSss tho CgF.
Be rendered ~ taken from tho femanng
:sS. r.: ';sss Issssi
As EHnsssn Il 5s sss si Ta
Mr. OConor wished 10 esetc fact which he had for
tha Is, that o,tor GrshAm his wife hsd
spoken TO OF the jurors panueed In this cause
snd that mrs Graham, through whom the relationship
said 20 exist had spoken 70 the party but once and
that was fone two years Hgo.
Tho Court addressing tho juror said Mr. Wright you
permitted to withdraw.
Mr.. Wright tnen left tho jury box.
M oConor rhch said that II had been suggested b.
enc Of the Jurors tina. tao uscal eccess should sca
before he Commenced 30 sum up for tbs Defence
rccees takcn for half an hour.
On tho re assembling OF the court, tho Judss sdmon
Of tho observations OF COUNSEL to rivo ozpsss5n
70 feelings either Of . ,pr bitoa or descent
cused:- -
He reviewed. analvsed and CONNECTED upon tbs eyi.
dence at great leng and with aryumontstivs minute
Less; he ccntonded that the first insult and violence
came from Colonel Lor ng, add hs asked the jsry
TO cocsgn man TO gaiows because Of the unfcrta
RAE and unpremedi result OF this Transaction be-
tween the accused and this Ter gearing yioeot Who
offered hin (Gahau) the nrst insult and contu mely
The blow which that agsnt,c ly large man, (thc do
ovsrthrcv him; this ABock was toward the mirror which
% the opposite side OF the fal from the staircase
N. Graham tho alteration take. p.cs and Col In,,ne
gives LII Graham this prodgious blow viii il, staggered
hm toSelus tno mcois OF the hall This next thing
done wns tho raising Of tue there couuseI
to the testimony Of Cosinns and Connahsn on tais
pcnt then scufdc or ;usnle took as for tho
OF the cane; though OF tho witnesses saw thsy ana
not see It, and that Col OF such peaceful dis
position that be oily rai-cd mis- no but tho
probability 70 that Col L had both hts hsads on the
scsbbard The qacsfion thee arises was It a. VINO
pulled the scaooaro OF tho sword was IL the ac Of
IN GrnhamS 1hs Witnesses cannot TELL s,d this fact
remains In obscurtty; Connahan who found the alb.
bard In the hail. 10 the only witness who raw tho ecab
bard BE proves the face that II In the hsud of
IcriDs, and that from the hand OF Lortng H dropped
1ben comes the quo ton, when STAB giyen how
yas thst wour evoDf IL was 81 sen behind vtiIc ir.
'fsha stood In front OF bin u from behind or at his
SIDE Conahan says tnat SrahAm drs back, and hea
cioeed on LoiiDg that the stao vas then
nsta, but In this particular he must have
sctn mistaken, (rcnds has esfocnca.) No such In
s~ptor on the paft Of Dr Grshsm could b Supposed
orig fndisg the ard light, ho It. sod
= ,ney cosod Who're sore Lorsns'- hands when tIny