The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-08


Cross examined.-Q. Did you know when you saw |. In
Saratoga that 1t Was sword caney A. That do not ra
collect, but think saw him draw the blade partly cut
90 not Know on what occasion; my not near
his st the St Charles Hotel
g Did you ever see him when he was not drssseds
To Mr. whitipg-I rever saw him in the drawing room
without the cane particularly il he had his hat on
Lotced the cane from the figure Of Bcchus
lice
Col s. F.wsldo resided in Neworeans for II years
am ntmatey acquainted with Dr. Graham; carnot say
for how lorg but years: he is practising nh ys
cian never saw him without cane; some time ago he
carried gold headed cane which presented to him.
ard afterwards he carried this know II AZ well as do
my own during the epidemic OF last summer Dr. Graham
ard myself we're not separated three hours at te he
generally through me, to attend the sick.
Q1Duiing that period what was his habit about that
care?
Al don't think ever saw him withou. il when
dressed.
Qro you know when called on to vi.it the sick from
ore part OF The house to the other he went without his
ALI my recollection serves me I think it was his in
ya,abe habit 10 take his the same % he would
take his hat
Q. Have you observed any practice of Dr. Graham's 4
with reference to bis bat and canes
district Attorney Objected.
Mr. OConor said the prosecution had made Dr. Gra
hams hat an actor in the scene and show that he IN
it on when this transaction occurred
The Court permitted the question and the witness said
that Dr Graham was in the habit always of laying his
hat and cane together
To District Attorney-My impression Is have seen him
Edws-d R. Olcott examined by Mr.. whting--I reside
New o. leans am not at present Of the Judges of
the District Court but have been; am now pracsing
have been in the habit of seeing Dr. Graham every day
and sometimes three or four times q day; whenever
have seen him he always had his cane in his band do
not recollect to have ever him without it, recol-
ect seeing him with precisely like the one pro-
duced remarked the figure
Cross amued-Saw him with A god headed cane be
lore he carried this never recolect to have hin
with any other kind of cane.
Rr, NJ.
New Orleans am in the Wholesale weiry business have
resided there between nine and ten years. knew Dr. Gra
times day his place very our store; don't re.
collect ever seeing him withouta cane have this
Cross examned-It either this cane or one exactly
like it; did not notice that it sword cane.
Johp g. Cox, examined by Mr. Whiting-I reside in the
city of New Orleans; an q commission merchant have
known Dr. Graham fifteen years; he has been pracs.
rg physician all that time his practice was superior
quite equal to in the city it is impression that
knew him; thelast cane with him was IA near like
this as any one could identify belonging 70 another
person.
Cross examined-I believe that cane to be the same
Henry J. Raney examined by Mr.. Whitng-I reside in
New Oreans my profession is an engineer for the last
four or I've years have been in the habit Of seeing Dr.
Gra pam.
9. Has he been in the habit of carrying cane A.
II is his nvariRble habit to carry a caae-so much 80
that it tecaMe remark.
Cross-sxamined-I do not Iecollect that have ever
seen him when he was not dressed; have the
Q Was ita spring. A. Yes have often tried to buy
cane in New Orleans to make present. but could
get one in the city withousa sword in it,
Mr.. H. Hunt eeposed-I reside in New Orleans; from
early boyhood it has been my home; have known Dr.
Graham very intimately for about ele7en years have
seen hun without . cane.
@ Is that the oce?
A. These are very common in New Orleans; I Lave
seen him carry black stick later have seen him carry
this the roctor and his stick were inseparable.
Cross examined-Ihese sticks very common in
New DREAMS, and, may add, generally with sword in
James 7. Otis examined by Mr. Whiting re side ia
New orlears until October last resided in this city for
connected with the editorial department o the New Or
leans Pcoyune; know DR.. Graham intimately since the
never saw him without csne: there are marks on his
cane by which can positively recollect it
Mr. Ocoror said they had suopenaed he would say
however that it would be waste Of time to call
there was any intention Of the prosecution TO
they should Ike to be allowed to call more witnesses on
the same subject
Tie District At orney did not mean to call any wit.
Nr OCc cnor-Then we cont desire to call any more.
VIM Chase, examined BY Mr. O'Conor, deposed-I
Q. i'd you know Col Chas. Loring. deeeaseds--A
Intiu ately wel for upwards Of two years.
Q. At what place. A. At Washington city; during
that period saw him frequently only when he in
Washington.
The District Attorney would ask what is the purpose Of
Mr. OConor-The object is to introduce the evidence
for the defendant before We sum up
The Court-We wart something more definite.
Mr. O'CcnorOur object is to prove that Col. Loring
was gentleman Of exceedingly violent temper, had
frequently nduged in irasciby, and in the habit
carrying them MP with violence. There quite
Der of Witnesses to be examined We have only to
that It Is not for the purpose Of assang the
of mind with which in this respect he clothed Mr.
OCcnor then proceeded to state that it not their
intention sssal the reputation Of Col Loring
officer merchant, but they did intend to show his
character for rascibty and Violence In Offering this
before the they cid mot TN to cast
was to show that he WAS prone to anger and prompt to
ayepge.
Of the position he assumed IS to the admssbi
ty Il this kind Of evidence; and put ii to the Court,
that Ger the circumstances of mystery attending =
portion bf the lamentabe occurrence 1t relevant,
pertinent perfectly legitimate evidence, to show the
basy, prompt and excable temper Of the deceased
thar the jury might be abe to deduce reasonable
pers the cause and motives Of the sudden at
tack which ended in the death Of Col. LoriDg
The District Attorney repliede contended that there
not the records Of criminal jurisprudence in the
the propo Of the counsel for the defence What the
prosecution DOT at Liberty to 20 into evidence to
the character and habits Of the accused and ergo the
sort Of testimony be airing the reputation and
habits of the deceased piecluded He cited several
occurring in the courts Of other States, where
like question came up, and where such testimony was
declared by the judge inadmssible.
Afer the argument the court took recess for half an
hour
On re assembling the court gave its decision on this
point law He had read the authorities referred
TO by Mr.. OConor, and had seen nothing in them to
change his own convictions, which were that the ey
cence sought to be introduced inadmissble. Hs
the efote ruled that IL should be rejected.
Mr.. OCtnor drew up and filed statement Of the evil
dence thus excluded, aai put record an exception -
the ruling
M OConor having consulted with his associates
Messrs Whiting and Hail. then sai1 1t Is offered by the
defence to prove by the testimony of wm p Chase
lie kua hss =
savage and auarrelsone disposition.
By the testimony Of M ssesart that ne knew 20
lorng in and that he generally known to be
person rotous and quarelsome habit and Of turbu
lett overheafing and violent temper.
the the testimony Of Col John sslier thst he knew
Col Lorpg in California At Benics the last place from
which Col L. came the city Of New York. and that he
there generally known man OF great brutality OF
threatening GESTURE and menacing in his habit
Bencia who there collector Thst the
been sppointed Benicia and Lorng having
with him attempted TO his threat by
deadly assault upon the witness
BY the testimony Judge Henry A. Lyonv United StateI
Judge in Cs'fc MIA that LornE The was nsn oi
to violent assauts upon hum life slight pretence