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

ssfsty. AZ well might be be blamed for washng tho
stains of blood of his hands si,er the unioraass
event The Jury will see, therefore, that the prose-
cution has wholly failed, pretty poisonous a. ~&,
ON This point. Then again they wished to make IT sp-
pesr that Dr. Graham turned the sword IN the body.
Tor the purpose of making II more isJsnous most
horrible idea They forgot the spasInodc acuon waien
would naturally occur in a person having s.ord
eight or zine inches in his body. This mas been fay
rebut;ed Two eminent physicians cay that from the
external appearance of the wound me swou soa'a NOT
have been turned after IL entered the oony. ihe
leceraon Of the lung Il the only thing 10 suppo tsa
idea, but this has been fully accounted Tor oy Dr.
Uh that the sword entered perpendicaiafiy ana must
from the movement Of the body have been drawn GUS
horizontally, and BY that means lsceraed the lung.
The Jsry has been told that Col Lorng, after an ex-
clamstop that he was killed, fell his face, and
thai DR. Graham went up and booked at him. A.
10 what he said the witnesses vary. II is not inn
probsble that the fret witness said night thst DIR.
Graham when it was said Col Loring was dead, eS-
claimed "oh, mol" They wished 10 make Il appex
that his object was 70 deny his gui-but II guilt
,bsra vas growing out OF his being dead, was too
msnifesi-snd on being told that something dreadful
had happened he said " oh no, he Is NOT dead Does
that look rs il be had worked the s~ord - Is snd
He was 10 fact unconscious OF having zone 10 CoL
,py bodily harm ana the exclamation grew OUT OF mo
horrible idea that the other had oeeh sseo' snnoss
I'm such a case natural exclamation IL ws an
event unexpected undtsiTed, ana sscn an m'snuSu
was never ent, rtaiued by DR.. G.. l will cell upon tho
counsel on the other side if hs oao IN any otn'r way
10 account for the exclamation When he sA'd 70 mr.:
Wilson in answer 10 what rad happenei that ne dd
NOT know he did not mean 10 be so UNDERWOOD, ous
Immediately stated the occurrence. Il DOM Know,
but believe have stabbed the man. IL ~as nat.
ural answer in speaking OF something that ne himself
could not then fully comprehend. We are proagnt
close 10 the occurrence The witnesses, meaning ven
no doubt vary in their sts'ements. Let see what
ia free from doubt lst it Is morally certain that Col
Lorir 9 csme up stairs and encountered Or Graham
at the very top of the stars Where did Dr. GEshsn
sand The frs, witness placed him pretty nearly the
centre of the Stairs aud Col Lcring IN the corner Of
the top The last witness, Counohan, says that Dr
G. when he Jaw him, had gone to the other SIDE,
leaving thereby room for Col Loring 10 pass ne
District-Atorney remarked that The relative position
Mas not lust so Mr. OC. said Il is no great matter,
il shows that DR.. Graham old not place himself IN
position to stop Col Loring rs latter got to the head
OF the stairs Col l.. uttered ~ SECONDS before 'ns,
in the bar room loud and bOsterous threats on the
very altar il nav be said. of his revenge III was
shown III. re were loud words and the fret came from
Col L. which ended with my wife aud Dr. u.
sald he did not care for his wife, Col L. then prooa
bly, said something offensive, when provoked the
words sNou ie;" that was IL was true, wrong, OUT
what followed il fla blow was struck, II must nave
been then; and the evidence OF the Oow ms oeen
given. Mr.. Rogers said he was 10 or ~ lee on snd
heard sour ike Shaping the hands together We
have right 10 suppose that WAS the blos But here
comes in the testimony of COMEDIAN, VINO sa.d thst
Col. L.. on DR. G.. saying you ne raiSea aus usna
and struck DIR. g. the side OF the head when stag
gered DIR G. toward the mirror. lie said no heard
sound from the blow and that DR.. G.. amost lost his
balance The jury will remember Is was q blow from
the gigantic srm Of Col. Loring and was struck on
the brain of Dr. Graham The jury may have struck
a lanp.pcst at night The knuckes OF such man
on the side of the head viii cause confusion we
find them in alteration Immediately at the edge OF
the head of the stairs. and Col l.. gives nm blow
which stsggers him to the middle OF the hall Then
came the raising Of the oane out we say tnat mo
went up as the blow fell upon Dr. Ons WIZ
ness says il crosswise, ~ IN an attitude OF de-
fense. But CoDpohan thinks II did not get so hsh az
the breast the struggle took place for the mastery
o. the cane. Some cay Col IL. was so mild
that he merely held his hands up. But there
was the mastery for the cane, and the act
of separation took place of the sword and the cane.
Was this the act Of Loring or DIR. Graham ! None OF
the witnesses eau say, except that Connohan saidth
Col. Loring had the scabbard IN his hand and he
picked il from the mat after Col LoriDg threw 1t
there. We have right To go to you with the FAR and
charitable conclusion which you are bound to DRAWN
case of doubt that Col. Loring drew the scabbard
from the sword. lie received the wound, IL Is said
when he was about yard from the stairs, and when
they were together. IL IN the back-it was not
thrust and did not pass forward a. thrust, but up
ward. Between Comedian and other witnesses there
was difference Counohan seems TO say that Dr..
Graham off to give his thrust This, according
to bis count that they stood face TO face, could
not have been the case, as II violates all laws by
wi ich we must Judge of testimony. How could he
have stabbed him in such wayf And even II you
suppose he me.ni To stab him IN the back, II must
have been madness when such powerful man had
bis bands upon him in 'front.' The true theory was the
care lifted by DR.. Graham for protection Loring
drew III the scabbard and finding it light they closed
and had grasp. As to where Col. Lorngs hands
only witness could say, viii n was that Col.
L. hands we're the shoulders Of Dr. q. TO weigh
him down. Suppose DIR G. to have just received this
blow confused as he was, the head Of the dirk or
sword in bis hand and suppose, ~ rational con.
clusion hatL arms were on him. and then comes this
wound without any intention on the part Of Dr. Il. to
give pressed down bis arms thrown around Col l.. and
the movement thus given which caused the wound
which DIR Graham has always said he could never
account for the in which il was given. II
not dangerous instrument, any more than knife In
the pocket until Col. LoriDg removed the sheath and
made il dangerous Then say, DR.. Graham was not
proved 10 have had dangerous instrument until II
was 40 made dangerous by Col. Loring and, stunned
as DR.. G.. was by the blew, the wound came by Q
will leave the subject have endeavored to show
the testimony, and every just and fair conclusion
leads the mind to say, that when DIR. q. said "Oh,
no." &c, that he did not know, and that 1t was the
spasmodc influence of weak man sought TO be over
come by powerful and violent antagonist What
more have got to ssyl have endesvOred to answer
what has been said. As the Distrct-AttOrney viii
have the last word, some things will perhaps DO -
unanswered but them we leave 10 your Judgment. =
is only necessary to call your attention 70 one poisk
The great issue Of the District Attorney will n
whether Comedian speaks the truth. But be ~
been confirmed by other evidence. II the Dist1b
Attorney reads the statement of the prisoner COOS
in evidence the same AS other evidence. lie did aet
read il, but said we might evidence, and DIR. g.
said in his examination, Whatever did was in -
"defei re, against sudden and unexpected ssssuk"
ours. But this lie DOT all When prosecutor, 80
ing the life Of party, presents witness it beccns
evidence. Wilson said that Dr. q. said thst Co.
l.. knocked him down-ths probability Is that -
said he gave him knock-dow n blow. DR.. q. ~
made similar declaration to the Police Officer ~ !,
Col. l.. Knocked him down-snd you have NJ
Rogers who heard the blow and If you find tlstb
such case, when man Stays another, you have ~ .