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

By Dstrct. h'torney-M loripg got the pistol
IN California from cousin % mine he had only been
ia Ner.York three days when thu happened
Juror invoked further explanation, bat It was
scpPed;
-petments should not be made as TO the reading of
l he deposition.
The District Attorney said the other side coull read
E deposition before the Coroner they pleased.
NE CASH REsTTD FOR PROSECUTION.
me District Attorney said he would here rest the
Er. q Conor said in crimna cases it il the DUTY OF
as District Attorney to call the different witnesses
rD were present and cognIzant Of the transaction.
ne Distrct-Attorney, in his opening, alluded b. a
| ave Ration by Col. Loring when he vent down TO
ds bar rOom-aDd 10 make a statement without the
ynence would be a msdemeanOr, which the Dis
rc-Attoney does not intend. IL Is proper that the
psrict.AtorDey should produce all the Witnesses
he Distrc.-AitOrney said that not the rule Of
~. lie is TO put such witnesses on the stand ss he
a5ks will best subserye tne ends of justice There for
ypgly was such rule in England when prisoner I'd
lncOunsel and the DHtrict-AttOrney was counsel for
II boh but now prisoner has counsel, and brings up
sIpesses. He stated, on opening, what he should
kve done bad be been for both sides He has sum
neled witness whose private statement j. some
Wat inconsistent though not contradictory, and be IA
poS here that the counsel for The defense call him
III he pleases, and the DhtrictAttorney said will
III cross-exemIne him.
II Mh. o Conor replied that the District-Attorney is
II bound to produce Witnesses 10 show the Court the
me District Attorney said to Mr.. OC. he would
potash him 10 bring up witness he did not think
necessary 10 the case. MIR. OC. replied that he was
bond 10 bring up all that were present aud the wit
nee that was in the bar-rOom may be said to have
ben present
dr. Whiting said-On the trial Of Drury a.
chrge Of sending torpedo to the house OF ihouias
Wamer, the Of VIM ii. Thompson was ou me
strict Attorneys list witness, but me Distrct
Attorney declined 10 bring him up because he ana not
corider him reliable. Judge Edmonds, VINO pre-
sijd required the District A'orneyto caii nun ~ ue
siad ,..
4 case If calling a witness by Mr. Whiting, when
he was istrict-AttorDey, whom ne bad 10. Previ-
ouy spOken 10, although IT proved 10 DE against lne
gIoe theory of the DstIicAttorney, and saved the
X, of the prisoner who trial for his life was
do referred 10 by Mr.. o Conor.
The District-Attorney sad-The gentlemen might
nike a. many speeches they pleased, but he should
u.Daee this case he thought proper.
Mr.. o Conor said-The District Attorney had fur
shed them with list Of bis witnesses The District.
rGney showed, by a note attached, that he stated
sbe time, that he might not call all the witnesses
uned, but be should subpoena them.
The point by request of Mr.. Concr, was reserved
Ito morrow.
IN explanation. Mr. O'Conor said he referred to
WiisoD-the District Attorney said he referred TO
\. Canadian.
Some slight delay here occurred.
Il was stated that one counsel would open, and but
~ on each side up
i The District. Attorney here called Mr.. Wilson, and
l. ace him on the stand.
Il William Is. Wilson sworn-On I'd August was one
the book keepers at the St. Nicholas; saw DR..
Graham that morning: it was about hali-past .;
b was on the first landing OF the main stars; was
Of the Office floor; he had the sword of sword cane
his hand recognized it as having seen II before;
\ he came down aud threw the cane Toto closer; had
Y heard noise half minute before that which came
from The top Of the stairs; WAS at the book Keepers
desk when heard the noise il is situated inside OF
counter; was on the point OF ascending the Stars
when saw him; asked him what had occurred
what was the matter he replied he did not know ne
aid he had been struck or knocked down by a man
ID stairs don't recolect which but think latter, and
y had stabbed him he believed; he then threw the
ane into the pantry which was about feet from the
/ oitom Of the stairs; then took my arm and walked
\ award the Mercerst. side into the bar room; said
II - him, "Doctor, you should never drink; be SAID
II y was not drunk, and but for that id bell thus
hing would never have occurred; he then went into
me of the wster closets and requested he might rs-
nsn there for few minutes; he came out and we
went together TO the counter OF the bar ana drank
Tme ice water congress water or BOTH ne then re-
uested that he might see his wife, and wished to go
ID stairs for that purposes objected to it; he then re-
uested would his wife, tell her OF the dlttculty
md send for Randall Hunt, whom he wished to see
before he left the hotel then left him in charge OF
officer of the police and went up stairs and saw his
life; believe l had further conversation with
i'm and he left the hotel on my return down stars
did not know the bell at No. 257 DR. g s room az
lat time; afterwards understood IT would not lnt-
I ate at the Office.
II Cross. examined Dr. and Mrs. Graham were board
at the house at the time; they had arrived the day
revous do not know how long Col. and Mrs. Lorlng
ad been there without looking at the books; week or
en- days perhaps Col l. had been at the hotel once
before had seen Col. Loring that morning IN less
than three mnues before met Dr.. Graham; 1t was
at my desk, outside of the counter; when he lett me
he Immediately went up stairs, the same that saw
Dr. Graham afterward coming down; as he lett me-
be said that if did not take away the person al
uded to- he would shoot him dead at his door those
the last words that he said; he was excited ana
angry, and spoke in loud tone OF vOlce, ne was
fall toned speaking man he said he would be ID II
be did not shoot him at the door did not observe
whether he went away rapidly or slowly was Gu
ssged al cash drawer, and wished to go up stairs
BY Dstrict-Atomey-When Col. Loring came
down, be askeds me who II was that was ringing or
banging away at a bell his bell which was on his
foor he did not speak of il as his own bell asked
him the No. of his room, or where situatod on re-
fectng a moment came 10 the conclusion that II
must be DIR. Graham ! then stated that knew the
geptleman-knew him to be a gentleman-and en-
deayOred 10 excuse him. aud said would go up and
see him. and remove the difficulty he then sat you
mus, take him away, or will shoot him dead at the
door IN d il do mt; he then went up stars and
the noise came in half minute or minute; from
the counter TO the foot of the stairs is about As feet
do nj think the conversation could have been heard
in the second story; heard the the noise up stairs
coud not distinguish the conversations Thought It
some altercstion among the servants
By Juror-Col. Loring when ne made the re-
marks WAS leaning with his elbow on my desk; the
words were in loud angry tone; 1t was just as he
was leaving his side would be toward the "oto' the
stairs.
of mine at the desk facing the passage way say
Is feet from having gone over hfieen OF my PAGES;
never actually measured it. Mr. Whiting sad ms
paces would not measure three feet'l Dr N"1!"u'
fns, threw the sword in the closet; was with hirni
did not see him kick anything over Il; there were
some sweepings of the hall there; 1t was after he SAD