New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-10-14

tostand 10 the place of his client. as an honor
able man might, and speak for bis client,
ID that spirit, gentlemen, have come befor
| yen to-day II Is pleasure, have no doubt
for Dr. Graham, SO far ns / am concerned. II
know that the heart Of his friend prompts. TO
/ day, and at all times, to utterances that whicl
4 the head Of the advocate may have conceived
! For very agitatipg thoughts have passet
through my minds eye during the time hav
stood here in the progress Of this cause, and
should depart from the record if ! allowed my
| self to recur to the thoughts which those agita
lions have made. Shall 20 back to the tim
when knew Robert M Graham, not as now
1 m alleged malefactor, but as you have heart
from one Of the witnesses for the prosecution to
day q gentleman in every respect As
stand here to-day, remember him as q man 3
high chivalrous bearing the resident Of dis
tent States and he thinks with me at this tim
of that far distant home. And trust, gentle
men, that, so far as the Justice Of this case vii
allow you,. YOU will do well to think of his posi-
ton for, as upon the one hand the Jury arr
rightfully to be appealed to by the sympathy
which has been exhibited, (and most natural
and creditable they were to every instinct Of the
human heart,) 50 you will remember that the
living-that the living, gentleman--have those
same instincts Of affection to remember and to
preserve. And / look forward to that distant
| city, know far beyond the confines of this
Courtroom, and those who are within hearing
Of my humble voice, that there are not only
hundreds but thousands watching day by day
die deliberations of this --watching day by
day the unfolding Of evidence that comes from
the learned prosecutor watching the path the
defence will take in the case and they will
watch your deli berations with the same anxiety
Perhaps it is wrong I should refer to these
things. Perhaps it was rather O. part of pru-
dence that should not allude to them. But,
gentlemen, we are not only judges; we are
not only counsel; we are not only jurors--we
are men
We have not only brains and mind to hear
and sift evidence, but we have hearts to feel,
and the heart and the head should always 60
together when they can. remember some
particularly, among those, the watchers of these
deliberations, and might, if chose, individ-s
ualizc them, but will not trust myself to that;
and 4 could not help thinking when that stricken
widow upon the stand (with her, as you all saw,
we sympatized deeply, at the same TIME that we
gave our respect and attention to the living)
when she wenttupon that stand in weeds Of woe
and told her story, what she could tell OF the
events Of that morning, which are of graver i'm
portance to be determined hereafter, I could not
help remembering that there was one who sat
behind me and shared in all the feelings that
she could have, but whose mouth, by the mex
orable rules Of law, was closed. We do not
complain Of the rule Of law--we do not arraign
the rule Of law. We bow to and respect the law.
we know that it has hardships, and Of those
hardships certainly is that, perhaps, the only
mouth In the world that could unrayel the dire
ful mystery Of that morning, and could give to
You the key to this whole transaction, BY that
Irrecenciiable rule Of law is closed, SO far as
q r0slN fls.a A
this case, as the evidence progresses word by
word through the mouths Of the witnesses, can
not describe, although | may feel, the anxiety
Of removing from the mind by myself, or the
counsel associated with me, the clouds Of preit-
i've which settled upon this case, and which
bad Swallowed many of the jurors who had come
Up here to be sworn, and whom we were COM
PEELED against our OWE feelings to turn away
But those clouds which have Swallowed SO much
prejudice have passed away. The sunshine is
that sunshine which it is to be hoped
will deepen as the case now proceeds-will
ieepen 1T may be allowed the expression) in
orilliancy, until my client, represented here to-
lay, underneath that sunshine shall walk forth
q the brighter sunshine of liberty, under your
avor and your justice
IN the privilege of cross-examinationi I |
leyer have respected it so much as within the |
asst three or four days. In yonder hotel this |
'ireful tragedy--this calamity, which my client |
o-day regrets as much as any man, and would |
i've his hearts best blood if he could bring that
aan back to life, who In the moment of misad- |
enture lost it; and as remember that Coro-
er $ lnquest-the witnesses honest, no doubt, |
'us excited and there is the danger of all inn
ledlate Investigations upon calamities of this
IND, bringing to mind the strong points of the |
flair against the accused, while chose in his |
avor are not allowed to appear las I saw those
matters OF prejudice-as we all saw them roll |
ng aWay--it increased my respect for the right |
cross examination. And as you are sworn |
ina! box, before that anxiety was removed,
on might, perhaps have shared in it. AS each T
iror rose IN his place, and the prisoner rose in
70 place, and the words were spoken through
he lips OF the clerk, Juror, look upon the
rlsoner- prisoner look upon the juror and /
ne oath was administered, more than one of us /
honght OF the olden time when the crier came
a with his prayer which may yet be breathed l
secret, and should be breathed in secret in
very investigation of this kind--as he, too, I
'o ~ upon the prisoner, :. God send you safe
eliverance -
1ne uuty OF opening case, gentlemen, is of the
'osr dicuit that can be assigned to counsel There
much to avoid in encroaching apon the time of tho
iry and upon the time Of the Court II is rather the
reace 70 the volume Of the testimony which may be
lken as the summing up may possibly be criticism
preface IT should be terse It should be- terse aud
lould be tothe point Therefore, now desire to britg
your minds as we proceed with this case the circum
ances under which we standthe circumstances under
ntcn we are to proceed, and to shadow forth to Won
ehtieMen TO skeetonze speak the evidence which
ia be fully given and developed to you hereafter by
orr competent and skiu hands than mine and / an,
'uby reminded Of the delicacy of the opening of thu
se when refer TO the opening of the learned District
ttorney, and find much In it different from the evil
'nce it " so easy, with the kindest motives ID the
oridit is 10 easy with the kndest amount of human
larltY (Which does, know, belong to my friend upon
e other slae)-to color this matter Yet while upon
e one had we claim that does the eye Of the law
ar against the prosecution do not propose to over
or the testimony for the defense ten times worse
r it would bear against the prisoner
mig ,,if chose, allude to several matters
! the learned District Attorneys opening which
ave been wholly contradicted by the testimony
$ developed, by our cross-examination. That
oweyer, belongs to another part of the case,
nd only mention it as an illustration of the
psition Of the delicate task of opening q cause
Hereafter We are to go over in detail the evil
ence which has been presented by the prose
ltlon down to this time, and we are to associate
with theevidence for the defence. We are to
lloW Col loring that morning We are to fol,
" him as he went through the hall in search Of
servant, met one on the way, speaking to him,
.lng 70 the office, and having a conversation
18th the book keeper, with his proceeding up the
airs; that alteration with another Of some
ind, which it will be for us hereafter to deter.
ine the character Of There, in a yery briefl I
,ane OF time, coupled with other circumstances,
mn n1rr,fxxr ~. Az =