New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-18

matter Of Impulse, the he feok his hat From
nsconfssted facts be would go unsunesfed prac-
secrd dcane This sas rot 90 1t sEKs ID sgasyse n
prudent but II not unawfaL and eeeialEy sot IL
nos be taken into account ssisnse ssheriFr from
The deceased Il should he rsnienbered @ss sSuth
erner slso and % accustomed himself carry aaa
out loaded pistol Sl
Another fact in the that toua there vas ev
dence that Col Loring had utssrsd asrsat against NJ
uttered any threat against Col Esrinv There was
dence By Mrs Lorng Of some iudeanite halkuttareT
ordinations but agafR whom aasinsf any e1ap there
shadow Of proof Woaid the 5nry be called anon
to i mp the HANKS with words 81 naliea axsfnst OF
Lorug Surely The N tyict Attorney would noe tt1pt
that The fact was this tat DR. sfahau had agsksriss
exceedingly thirty. tSirst grea. t,at NM u
and got Congress water what e lad been wapting
and ringing for all the morning Mrs Loring while sfa
fasi 70 ssw sny threat uttered BY Br Graham sgajnt
ened to break che bead Of Dr. rahar-p Fight flsress
when uttered BY man Of s Lerfrgs sze ard strength
drs Loring told them that Col Lorinu went sos in an
amiable way. to send up servant II her IA
likely she mistaken for what Ass the EVIDENCE
Of the bookkeeper MI wora I'D Col Lsr;ue IN
about sending up bat spoke IN language II te
greatest impiaeabity. When told ~ tie sanseraapiy
book-keepsr that he would go up The df-
Guilty he did not reply III the tons IL gentlemen II
will thank you do 80 y but be answersd II yosf as
not remove him III shoot hing down at the dsor-I b.
paeaby angry and In that spirit he left TIE cee and
encountered Dr. Graham &c the head Of fhe stairs
There was piece Of testimony given by ttrx Loring
here which She had not given the Coroner lquest
threat that when person would come He,d maeh
bis head he'd cut his heart out Taxing all the oir
cunsiances into consideration, it was very doubtful II
these expressions bad been made rssLcsn4 had not
ather been cpnfused. and unintenonaiiy added words
20 the conversation Bat If true these thrssta were
NOT against Col Lrng aud could not be used to prove
any malice towards him Az TO tbe time which hesi
elapsed from the begnning 70 the end tde dfcuif5
these who would hs best supp1ged &, s III,
whole transaction occupied fnerdibly so snss y
their first meeting at the top Of thesaiss oifs
nate conclusion An attempt had haes made ia sv 4
attempt to concesl the fnstrutaens Never had say
tempt utterly failed few Of The serrsnta ssh,
bowed 5n evident prejudcs against the tls
attempt. But how was ii vhen theY cane 10 TIE IL
telligent book-keeper Mr Wiasnf He stated rhas Dr.
Graham had at meeting him confessed that he
bad stabbed some person who struck srd knoared hn
clown. and then threw the sword ont Of his hands INTO tbs
closet beside him. net with any purpose NJ concesimenE
Eight an objectionable Object.
Again, attempt has been made bg fhe Witnesses
% make it appear that Dr. Graham had turned
The instrument after penetrating Col Loripg,s body
This too bad signany faisd The medica men examined
pfs Uni. euackenoo and Professor Uonachana gem
tleman who had superor 10 seresd
that such twisting tursing could have taken pIse
that the appearance Of the oe Of the wound
any such idea Thecommon Of the Jury themselves
would bear out the opinion Of these gentlemen The
entic testimony Of the physicians any tsssi
mony that given apparent turning of tine
ment Nov to another part Of the case against
the accused They were told that after Col LorBg fe
Dr. Graham went and looked at the bady@apd when
told that he had killed the decreased he replied Oh
be is not killed 2 Never iud several other modes
of expression for there great discrepancy among
witnesses as to this If it proposed to mako appear
BY these expressions that Dr. Graham intended to deny
having stabbed Col Lorng hing could prepns4
terous when looking aste he5y nneenscions of having
claimed Oh non Was this tha expression of man
who bad contemplated and prsneditated the death Of the
deceased Certainly not Ttwas tha rusural answer
terrible and unweicome truth coming suddeniy upon
the mind The mind could not at recaiTs and rea
| ize the terrible truth.
In occurrence Occupying such 4 brief time they
should take the evidence of the Witnesses ard
Judging from all how much Of the transaction
from DOUBT Col LorDg coming directly from the oice
where be bad uttered aloud angry ard deadly Threats
aganst DR. Graham met the latter directly the head
Of the stairs It just to suppose that the asrcaon
that ensued commenced on the part os Col Loring and
all the witnesses give the Grs words they heard coming
lie given by DR. Graham, and Instantly Col Lorin
him blow OF the blow they had the evidence ii
Mr. Rogers who heard he naiss at the dista1ce four
teen feet aud Of John onahan, who flied that he sH
the blow given, and that DR.. Graham nearly bis bal
ance Now, they should remember the great muscular
power Of Gel Loring At any TING tie eject or sudden
blow to confuse and render person somewhat ut
conscious Of what he was doing. DR.. Graham must
have seen the blow coming and he raised the
ally in position Of defence, shown fnee
Col Lpring canght she scsbbard with beth hands Now
hsga arose question was it DR. Gsahsm that pulled
the sword, or Col LorDg Who pulled off tho seabhard
Who could tell The witnesses could not tell None oi
them. except Conahan, could te-where the scabhard
Ei-Ss ne FHW 0ADGa.
this subject to conjecture and the to chat
abecopjecture for them to draw that ssaShari
WINS drawn of by the act Of Col Lorng The nsxt thing
to consider WAS how Col Lorng received the Htab The
fact taken Fomall the testimony thak Col Lorin
having graspcd the seahbard the sword ont hc
| dropping the scabhard, they closed.
One witness describes the hands Of Col Lnrine on and
over the shoulders Of DR. Graham. bearing him down
really Though the witness thought ii might be pushinc
away DR.. Graham naturally graspsd Gel Lasfng and
then the wound Dr. Graham borne down. his
encirced the body of Col Ioring aud in this way
nrn5g,t frustf
in rising up the sword pierced upward without any In
tention the part of the DR. Quackepbss n,
to question: said that the upward direction Of
the wound could be easily accounted for in that
way than any ether The learned District Attorney
would doubtless draw attention to The iact If Dr.
| holding dangerous weapon in his hand But they
should remember that It the act Of Col Loring
made 1t dangerous weapon So long the shaath re-
mained upon it, the cane was harmless The ron-
mon pncketknite might prove instrument Of death
but while it was closed it harmless What DR. Ora
ham had done the spasnodia action Of weak man
oyarpowered by powerful adversary who had giyst
hmR blow on the sensorum that deprived him Of self
possession. 5iss5 5ssy
the Of the District Attorney Mr. 0oonr said
that the declaration Of Dr. Graham, made to Johnson tho
policeman to Mr. Wilson and afterwards goroner
inquest, that what he had done was dene IA safde
tense these declarations were expressly evidence
by the prosecution Upon this evidence BE satisfied
to the of his client lie appesied mot to the
sympathy but to theis aud their judgment il,
would not wonder although It would be very much
place If the learned counsel for the defense brnt
before them the bereavement Of AIRS Loring ask then
to commit legal murder soohe agonized feelings
to show their sympathy for widew el,
made by blind, sudden and disastrous conflict aks
another in defiance of all law and order.
i Mr.. Shepard, addressing the Court, said that
the afternoon was so far advanced, he could moi
proceed far in his argument; and, moreover, as
he was not well, he wished to defer his summing
up to the following morning.
MIR. 0'Conor objected, unless Mr. Whiting
were allowed to follow for tho defense.
After some discussion in the matter,
Mr.. Shepard. May it please your Honor, L am deter
mined that white act rs prosecutor there shall be
no cause Of objection against any which ma,
take and therefore. without regard to any personal III
convenience whatever will commence my summing u
ut once.
Gentlemen Of the JrpThs is which has naiu
rally created g in the mind this eomnu
nifty and not only IN the mind Of this community. bu
the whole country from to ard froE
the ST. Lawrence to the Gulf 1t is most extraordinar
tranet only by OF the incidents connected wit
it, but by of the extraordinary zeal which hs bee
manifested by the counsel for the defendant and by M
extraordinary circumstances which have attended il
march great array of witnesses has been produce
here for purpose utterly nnheard Of in any
tice before, far know, and the standing tR pr
at the bar has been rung in your constantly
! every period of the investigation.
ii was impartial trial because of the nature OF Ii
ofense Since they had been enpanneled In it. thrt
sabbing had occurred IN the community Out of
calender of eight cases. 1--WE for causing death
i sabbng. Stabbing becoming the most conamc
Of offenses 1t was fast becoming question whether
if to rely for safety the law, weapons Of
feuse He desirous that the Jury should be an snts
him to be strict In its empaneng He wished that the
| ,youd he as a ttona In