New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-27

10 be under magnetic Influence, and IN great desire 10
try their powers Of locomotoo At last the defend;
sIt told him to go. "That will do, Mr.. Dpdder-I
guess through with you for the present" And
of be shot as if death was behind him; while the
whole bar fairly screamed, as he made awful strides
down the aisle and the Court buried their faces in
their hsndk erchiefs and shoOk vulsively.
Dodder No. was then called-son Of the old Dod-
der-wbo test fed a. follows:
81 was in the house-hesrd noise-ssv father
driving cows saw defendant come out Of his house
me and them, and when got up all was over. Saw
defsno ant throw three sones-dd not zee any strike
Cross examined by defendant
You were in the house, you cay y
"Yes"
els there not hin twenty fee. high between your
house and where wsp
About that"
How many stone wals, also-sbout four J"
About that"
How many plankfence or eao-fences-tvo
Only one, l think"
"WeIl, Sir, how could you see through four stone
WALL, one slab-fence and hill twenty feet hign
That will do, Sir you can CO."
And without waiting for reply, OH went Douuef
No. Q.
District Attorney OF the part Of the people here
resed.
such an in portant occasion, untwI.ed his legs from
tbe rounds Of the chair, and with more than usual
dignity walked out in front Of the Jury, and offered
biz defense as follows:
"If Won please. YOUR Honor, and Gentlemen of the
Jury-l am a green hand at this ere Dizziness. | am
aehsmed thai such little email consairn should ever
come before an Orange County Jury. IL was not my
wish, am sure. l was taken up once before, and
then be only swore to an assault; but three months
thinking hss put the battery TO it acknowledge the
assault but / an justified for he was sssautng my
cow He has tried TO pick quarrel with me ever
since went TO the gate He stones my cows, my
chickens and can't stand it. ! threw the stones;
ADMIT -Grst, fifteen feet TO the right, then over nis
head and when saw the COW fall as he knocked her
down then did shave MIN, but didn't hit him, and
that amt all, III prove il: and ask yos farmers if
you would not do the same thing can prove he
knocked her down by my brother
Defendants brother was then called, and stated that
twas SUNDAY when the occurrence happened; saw
con pl sinant DOdder, running after and striking at
defei dauts caws; him strike and fall; can't
say he struck her. defendant ran odt and haowed TO
him; old not mind defendant threF stones; none bit
him; | went out and when 1 came up TO Dodder he
said def dant had thrown stones at him. but he bad
managed by jumping and d,dging not to have aoy
hit him.
The testimony here closed.
The defendant then proceeded to sum up the calse.
His honor dropped his pen, the jury leaned forward
the members of the bar were winkiDg aud noddlng
across to one another, and universal tuerDg per-
vaded the room. Recommended and his sharp, shtill
voice drowned gil else
"Gentlemen Of the Jury: This is the first tine l
was ever ia such pickle-never did before appear
before a jury OF my country This MIR. Dodder has
brought me here, and have 10 appeal 10 you, not
knowing whether you are Woody Heals, Silver
Crews. Hard Shells or Soft Shells Yet th'nk this
Dodder will find out before am through that am
harder she than he imagined.
You know gentlemen, that l am IN the employ Of
the Mongsup Valley, FJrrestburgh and Port Jervis
Plsnkrosd Company, az gate-seeper. Ihis com
papy il seems had sufficient confidence ia my integrity
and honetty place in that important statios aad
even if should receive 50 600 and steal ST. 500 Of IT,
thets betseen me aud the Company, and IFS none OF
Dodder's bnspese. Now when the Company sent me
up along this road TO collect tolls, i' D1ddsr was one
OF the inhabitants found there ~ the p0Of', and
will cay for him that he s very far specimen OF the
ret OF the population. But there isn't any OF them,
that seem appreciate all the benefits of this Plank
road.
tlet out 10 civilization a c1ss of people who never
before bad the idea there was such thng as civilized
life aud thus D0dder Is one ~ ttsa. Ii is fact that
soon after moved up there, young woman, sixteen
wears old cum down out OF the mountains on the
blank road one day, and she had never been out be-
fore She fairly seemed surprised TO see DA& nan,
and after asking few questions went back into the
woods This Dodter vas my NJ Arrest neighbor aud
good deal nesrtr than | wanted him, and had Ut
been there long before heard that he hal been lying
about me 10 one Of the directors, and soon found
ont that he wanted TO get his con, who Wa sworn
here against me- in my place. But he has , done It
yet, and II you don't CONVEX me reckon he wont
very soon.
II won't take long TO dispose OF Dodder No. .. He
testifes that he saw throw three stones at his
father, and saw the " Old man dodge" On cross
examination be- Gays that ne was N bic own house
in The cco3s and had 70 look over nil twenty feel
bsh. and alec over three slsb fences aod two stone
walls Well if he tells the truth, all WIKI IS 'ha
had Young Dodder's eyes lie Is certainly remark
able boy, and can I deny biz '.Jather.
/ am WILING 10 admit that done wrong 10 throw
ing stones at Dodder and apologize 20 all the world,
and this county particularly, for It. The doctors tell
us tha, there are for all diseases predis-
position and txcitabIity. think 1t Was the latter
cause that moved Inc TO stone Dodder.
therefore confess myself guilty Of the assault bat
The battsry DEM aud If you find me guilty Of the
ba,t.ry will appeal from the decision 10 the Court Of
high Heaven itself before will submit to IT,
Now. Gentlemen you saw Mr.. Dodder and kesrd
him .Wesr upon me. | asked him grea, mtny
an sstious ana was sorry 70 hear him answer IA he
did. l might have ASKED nun more question:
mieht have asked him il 10 didn't kill my cat, ami II
he cidnt stone my chickens, because they
in HIS woods where actually the rocks are 30 tuck
that the cats cant fud their way no through them
lint tfen kne he would deny II, and would gre'e
me 10 hear him He admits that he was diving my
three Cow, up the road and that he struck a. one Of
EN- bit ssys IL was with small sSIieb. l htse
proved II a, this switch was pole aoout IL iseI ons
ard about inches across the DoV ehoi sna 9a'o
also proved tha, when he struck the e0p te-L, ~
time nov witness couldn't that the STICK hit her
he VAS so far or bu, take the blow and the fall %
gsthtr. snd can guees the rest ii you esn'.s
men, should see me point gun al man anu pun
The ficker see the fGsb and heard Tie report am az
the same time see the msn drop, | think you would
fsy that 'hot him, although you might not 'sS 'se
ball strike him.
Now The fact i. gentlemen, that on sunday, ~ss
living on my lounge my house, when my ~Iis al 1
thai Doddvr vas chasing my co.'s. Jumped up sad
RULED On ny boots and went oGt OF cOors 4hl sa~
bo9der ard the COWS coming up the rosd. l. - irae
he saws be wasn't driving them, but says ne and me
covsvss bob going along the road IL one Ore ;aon
and this was as near could get IN 20 the CO " or
10 the truth but il is proved that the COWS were O. ~
- ,aS Of him and be was folio EDg after tue n,
sting AZ them with his little switch, Ls1 feet Long
:" 80 scross thu hufr ard rec on yOl II