New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-12


Of Lines
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charged aceordiprs. f1'l.' a'''
s From the New York Daily Times
THE GRAHAM TRIAL.
SECOND Day. NEW Yon1, wednesday, october A.
At an early hour the Courtroom was crowd
ed, every available seat being occupied for some
time before his Honor arrived. The accused,
DR.. Graham, and his friends were seated be-
hind his counsel. Mrs. Graham being beside her
husband t @
The Clerk Of the Court called over the names
OF the jurors already sworn, at 10 O'clock, and
considerable time was spent in empanneling
the jury. 1t was finally concluded, and the
jury having all answered to their names,
Lorenzo B. Shepard, Esq, opened the case for
the prosecut ton, as follows: e
May it please your Honor and Gentlemen of
the Jury The prisoner in the case stands in
dieted for one Of the highest crimes known to
the law. He is charged with numbering Major
Loring, at the st. Nicholas Hotel, on the morn
ing Of the I'd Of August. 1t is proper that
should observe to you, gentlemen, that the crime
of murder. in this State, is strictly statutory
offence, and that portion Of the statutory def
milton, which seems expressly applicable to this
case, as judge from its circumstances, is to the
effect that the killing must have been done with
q premeditated design to effect the death of the
person killed. Now in this case, gentlemen,
there is no doubt whatever, as it seems to me
Of q design to effect death. As to the question
Of premeditation, understand the law to be,
that any premeditation, however slight,is sufi
cient to bring the killing within the statute
The mere fact, gentlemen, of killing, establishes
Legal inference that it was done by premedi-
tation, and it rests entirely with the defence
to acquit the party charged Of that presump-
ton. - sa39 leF
Let me state to you the circumstances, gem
tlemen, as understand we shall be able to use
them. The rooms occupied by the deceased and
| the prisoner at the bar were not far removed
from each other. shall present to you dia
gram, which shall put in evidence, and which
does not differ in any material respect from the
diagram which will be produced in evidence by
my learned friends upon the other side. This
diagram represents the general plan of the
second floor of the st, Nicholas Hotel You
will remember that that hotel is situate upon
the westerly side of Broadway, and the street
represented upon this diagram is Broadway
The stair ease by which the ascent is made from
the first to the second story, is situated at that
point and from that staircase the hall way
runs toward the front of the building; then at
right angles to that way parallel with Broad
W1Js ClC 10 duUGuCT uall-Way OIg LOU fIooG In
length; at right angles again to that, and par
allel with Spring street, is another hallway,
which leads to the room occupied by Major Lo-
ring, and also to the room occupied by DIR. Gra-
ham on the morning Of the I'd Of August. The
room occupied by Major Loring was No. 247,
and the room occupied by DR.. Graham was 257
Those rooms are SO feet apart Directly in
front of the room (and just by the side way OF
| that room,) occupied by Major Loring is a large
hell. attached to thu wall and strucly hu h m
mer. The bell is, presume, some six or seven
inches in diameter, and the noise made by it is
exceedingly great. Now, on the morning of the
I'd of August, at ten minutes past oclock,
this bell was violently rung some ten or fifteen
times, and very greatly disturbed Mrs Loring,
who had passed sleepless night, in consequence
of illness. Major Loring rose from his bed,
went to the door, and looking out, said, !" All
| is it you' think the servants are all in bed,
and think you cannot find any servant up at
this hour.'' p y @
The prisoner replied, that he had rung the
bell in his own room for two hours, but could
not receive any answer to it. Major Loring
then closed his door, and went to bed. Imme-
diately after he had got into bed, the bell was
rung again about thirty times, rapidly. Ma
jor Loring rose, and went to the door again,
and said, Z" would be much obliged to you if
you will not ring the bell SO loudly, as my wife
| is quite unwell." He also said to DR.. Graham,
ss You had better put on your pantaloons, for if
| you want maid to answer the bell, you are
| not in o fit dress to be seen by her" To this,
DR.. Graham replied "I do not care a d-n
about the maids or any woman in the house;
| will dress as please" He then made some Of
fensive remark, but what we cannot prove with
dstinetness. In reply to that, Major Loring
| said that if he repeated that remark he would
| smash his head with q stick Then the priso-
ner said, 6 will kill him when he does come !; /
| will cut his heart out. Loring then closed the
door, and went to bed. The prisoner then rnng
the bell thirty strokes, which be did so deliber-
ately that they were counted by Mrs Loring
Loring thereupon rose, dressed himself, and
went out of the room, saying to the prisoner
q will go to the Office and see whether 1 can
6nd q servant" Mrs. Lcring, fearful of the
| violence of the prisoner, attempted to stop her
| husband, but with a smile upon his face he said
| to her, .sGo back, child, and left her for ever
| Only few minutes elapsed before she saw him
dead upon the floor. All that time Loring had
| in his room q cane, which he usually car.
ried--not sword cane. He had also pistol
! which was loaded at the time, and which he hae
/ carried with him for his protection ON his way
from California. Neither of these facts, how
| ever, was tho prisoner acquainted with.
4 After Loring left his room he went to tn,
j Office and complained that man was oursine
and disturbing his family. The book. keeper
4 from some circumstances that had occurred thu
| night before, and which will not mention tt
you, gentlemen, thought it was DR.. Graham
and he excused him upon the ground thai
i he had been intoxicated the night before
Loring then said to the book keeper that they
must take the man away or he would shoot hin
dead at his door, That remark, however, thu
prisoner did not hear. Loring then left th,
Office, and ascended the stairway for the pur
pose of returning to his room Now, let mt
state to you, gentlemen, what the prisoner hat
done in the mean time. When Loring started
i to get servant for the prisonerin order topro
cure cessation of the ringing of that bell. th'
prisoner said, e will be id f." and wha
more we are not in condition to show. HI
then returned to his sown room and dressed himsel
he having been in his shirt during all the pre-
yious transactions. While in his room he armed
himself with the instrument of death, ant
walked along the hall, following the path 0
Loring. When Loring assembled the stair
from the office, on his way to his own room, b
met Graham at the head of the stairs
Now, gentlemen, it is proper that ! shoul,
say 10 you that at this point it is claimed by tn
learned counsel for the defence that sudden
P violent and unexpected personal attack was mad
by Loring upon the prisoner. This, gentlemen
is the most important part of the case, and on
which will require your closest scrutiny an
consideration But feel bound to say to. You
gentlemen, that quite number Of persons wer
present, and no one of them, as far as know
| IL