The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-05

punisbmss, 81 c.,'h
Mr.. waiting essiess.d The jnror per-m o'ert'y'
T@s Co.rt $40 ~ .oa,r ar n sditisas pAnel OF
afty juror - ne T. .rtendssee q ne @oenos No..
sss counsel - "a s 20 i NJ Sir s '' No ''
me n ls5s .ssn 500 !. Geo weiman wrish,
> In. = Jsg.l 8 john 4 ,scksaeush,
2 Winisn M'1e, .. Thomas nug,n, Jr.
1 RoS.rfM SD.or, !, Thomas L3yd,
9 Joseph W hsrsi ~ Ihomss Ja ~,
General bed .ns-on 81 the General Reed Who
,,Fued ibe seitrati american lntspendsncs, was
IN oOurt sld "a n'r"sused 20 Jadgs siIched b. NJ
The Ditre, A,,ore- '1sa pcosdOd to '''te the case
Hsy il TIea-s yoar ,,por-Gsn ieuen OF the Jury
Tho prisoner Ia THE indics-d for Of the
Highest crime- $500 to la H. Is charged wi h
mufeefire Msjnr iar - lbs L Nicho.s Hotel the
morning 81 tbs sc ~ y August IL i roger tat
.hoeid obs h re = ~! ssr'siaen nat thu crime o.
that portion Of ths 80 nry q, foion shch sps
cany applictse - H. & from is cc,uca
stances is TO the -f,c CO.'S the killing must besa
dons with lrsa ed tat'a desin 70 efec the death Of
the person Iii. "a hrs case, gentsmsa, there
70 sonbt wbetes'i a = seeus to me OF .hs des'go
to elect cesih tn~ihe question of prene ta ion.
uBSs<stsnd the N 10 b. tiat generalization how
sycr slight, is suRce-' orig the slIiog within the
statute The 'act z a,iamsp, Of killing estab-
fishes legal tnrerenc~ tSt done By prem .dita-
tloB. Ard IL eth the defence entirely to
scQuit The party 81 ,lei of that presum p.ion
Let state 70 yca en- the circnnis sasces as
nnaer I'D how 20 49, ,s1ye them. The
pied BY the deesssd at y he prisoner al the
\
sisgrs which -s's Gt Ia " dsnce and which does
not cHer in any IA respect from Ola yram which
shsi he put In - ~ts- BY my learned friend the
he side THIS Hsgr m eosesepts general plan Of the
second floor OF the - .no Hotel The It NichoiS s
Hotet you resoi es' i situated the west side OF
frsad~By; AND "a street represented here
tois disgrsm II T. s@awAy. The staircase by
which ascent Is maae from tho frss to the
l. on he Diagram; nd trgm tnat staircase the hallway
Erns towsrds The rot 81 ie building hen at right
rrgies 70 tb.t h.isay nd parallel with Broadway.
Il harE "a y
angles sRsin 10 olrale WITH Spring street. Is
another hallway, Nhlch eeds 70 ths pied hy
ham on the morr,r 81 - - of Aug st. The
enpisd BY Msjor Long No 2l7; he room occupies
~ Dr. Graham Wa os rte-e 50 feet apsct.
Directly in irons o. tn rnom ssd just by he siie OF the
doorway Of the pee by Major Loring Is large
bell attached 70 IN ~eli aud strucg by hkmmsr Tnat
bell H. presuue come Xix or seven iaches in diameter
and The noise mare ~ Is t. sxcsc1icgG great. On the
morning of the % Of August at ten minutes past ave
O'Clock, the s+ vs. v'oentiy ruog soms ten fifteen
times. very Rre%ii, oistafong srs. Lpeiug, who had
passed = sieep"rs A,sHs 10 consequence ot illness.
Major Lsripg ross r IN his bed, went 10 the
door, and io4tirs out ss,c, ~, is 1t you
and any hi hour - ne prisoner said he had
been ringing u ol 10 h- fer two hours snd
could net receive " IT, Major Lorisg then
closed his door ned Immsdstely after Ma.
ior LoriDg got in, tsd ths bell rung aga rapidly
about thirty times "sje LNiog rose snc vent to the
door aga nd s.6. - ud b. och Obliged to you
you would not ing b. Ue, 20 lona my wire Is quite
n~eh" He aiso saii You hsn better put your
you are not IN d. .rsss to b. seen by her" To that
the prisoner Iepn,d. II do not care dsmu for
me me maid maid or Tor "y -, ~onso "a tne house;
remark, but thai Cannot prove with distinct.
In reply tos. ssor oricg said il he repeated
that remark he oA,h his he al With stick Chez
the prisoner sid. q" u ku him he does come; I
will cut his heart ga, > Leripg then closed tbs door
and went - bed ri, fnen run1 the bell thirty
strokes eeli tnat they tad by Mrs.
Loripg Loripg ana dressed himself and
weIt cat OF the as'cg To the prisoner, II will go
into the office sb5 whether can lad a servantu
Mrs. LcsieR fearful q tss viepcs OF tho prisoner, at
tempted 10 stop ner hufbAnd, but, with smile his
face, be said 70 hr " Go back child y and left her
forever. Only fes momsnts ciapseS before she saw
him dead the orr this time Lornr hsdin his
acane which he nsn-ily osrries-aot word cane =
he had also sis'ot nj h tnenlosisi and which
he had carried ~ith hun for his protection his way
from California h-ither of tbsse in - however, was
the prissre err ae,ua-o,ed With Altar LoriuQ left his
room he went ipto be cfss and complained that
was oureirg snd isGrntsg his family. II bookkeeper
from some cirenm which mad trenspred tue eight
the person com plsaed IT was Dr Gtahsn, and hs OK
cused him on The ouna hat he been intoxicated
tae previous ngo Lorfpg then said TO the hookkee por
that they must tate tn man asay or be would shoot
him dead at hi door hat rsmark the prsoner did not
hesr. Loring TO n left the Office AMI ascsudet
the stairway, for the IT returning - bis
Now let me state 70 you gentlemen what the pri ones
hAt done in the ssuNma. Whsa Lorng started to get
crvant for ,he oI-on in or6er TO essstion
of ,hs ringing Of rbe nell prisone said, II will bs
damned f" and what more are noti coedi-
ton to show to you lie hen returned to bis own
all the previous ,ran.acsions. While in his room he
armed himself with the iust7nmen Of dosth aad after
he left walked aloug the hall, following the path Of
Lerirg. When loring sssenesA the stairs from the
Office on his way 20 his room he mot Graham At the
bead OF the stairs Now, sen.iemen, il Is proper
that should to you that at this pein& it is
claimed BY the earned counsel for the defence that
. sudden, viol.nt ane unexpected psrsoasl attack
important part Of III ca.e; 1t sa point which viii re-
quye Jour closest scratay and coasidera ion. But
feel say II you genfismen that quite number
xrAr mt nff ham an Far
know, saw any such attack. There wss conversation
between the parties they ex;ted the conduct Of
invited attack h. was for stack; but attack
was mace by Lorng The esnversaion, as shall give
to ySs s.' DO ss6 not anl. TG damn 'f
you or your wife ~ Lo,ics said, 81 told you there
was lady there" he prisoner replied, you are
. liar !" and AT these words. ne raised his cane
Loring eaid "staad back and tho prisoner drew the
from the pierced into the back of Lsring
about foot. The wound was twelve inches below tbs
left shoulder and "a inches from the backbone forward
and upward At the ime the prisoner seized Lorog
With his left hand and ~orksd the instrument Of death
around In his body IL anxious 10 place beyond all
healing power tbs IL Of his victim, The sword was bent
and dra from he wound Lcrirg uttered death cry
or two. fell, and in ass moment, wasa c rpse. The
prisoner drew the weap through his hspd Some one
cried out, "Ths man Is s.absed;' the prisoner said,
.tOh, no, rever mind - He then walked do stairs.
The him what he had done the prisoner
said he did not know that MAN had Knocked aim down,
ard that he had sra bed him belle red. Now, gentle.
Knocked down. From ths mnstion that have made
Of the evidence 90 think that he sruca at ALL
But IL he strucs, IL vould cot vary this
bair he provoked the blow lie said, ~ i, not care
damn for you your wifen He said slso, !" You are
liAr.v There provocaton. There recsssi.y
for his using the insn nnsnt Of death which he had
In his hand he armed; he had full means Of do
fence. Lcrng stood before him, entirely an unarmed
man. The rule Of law in relation to this matter gentle
mes, 10 very well settled In this state; very well
indeed. II Is laid Gown in the case Of Shorter
against the people in ID Comsteck age l93 viii read
such of the marginal notes AZ bear upon this case
whs II without fault himself when attacked by another
may ill his Assslsnt circumstances DO such &c
furnisb rec ground for apprehsndog design u
take away his life TO do him some great bodily harm and
whore Their also ground for believing the
DANGER imminent that sach design may be ACCOMPLISHED
But Il principle win not justify one In returning blows
with dan Rerous weapon when he Is struck with tn.
oased hand and when there to epprehend
design to do him great bodily harm; win it justify
homicide when the combat be avoided, or when,
after is commenced, the party withdraw
frem II in safety before he kills his adversary. y
Now gentlemen upon this rule phal show 10 you
the deceased was not IN fault Bis course was course