New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-10-09

",ou disturbed lady" and the reply you lie"
The testimony is positive In t,s case, and yet gentle
pep come here n show par iculsr acts Of deceased
mr. Oconot said show general temper.j The DIS
met Attorney replied he could have shown that pri-
ADer Il mai OF eXciIGbo temper-be said il in
kindness. Mir. OC. sad no, you say it 10 crossness
The District Attorney urged with much ensrgy that
such Ill offer Was improper. There we're very few
but ebuliti"n Of temper could be shown a, time
other But this IA not the time 10 speak of Il He
conieIded that the testimony should not received
ano that Tie Of tho People again, Shorter in 81
COusiock, would govern the Court IN the case.
MIR. OCoDor replied. He said be should have ap-
pealsd 10 the Court to stop the gentleman in his re-
unks when be first began, but be was deferred by
The III success he had had in the morning. What they
offer to prove is the usual habit Of deceased 10y wit
nessss who daily him. This can only bed one By
showing particular case. The gentleman u wrong
in SAYING that the ia Hawks not decided upon
the general principle IT So bat there was opec-
ton 20 the form in bringing the bill Of exceptions
We have a case In Alabama aud one IN hor'n OaIo-
lima to authorize the Introduction ol the 'essny VIC
ofltr. The gentleman well says that no aecis'Vn IS
been ever made on the point III this case, Dul jugs
Will weigh different decisions and be covered " 'hein.
In the present case contend sad Mr.. " u, that
tbe ,e,tinopy shows Col Lorng to have struck the
first how Here was mutual combat There was
none in the case Of Fnst IredoD 8 North Caroline Re-
ports fHawksD. We have shown that LDrng IN i1e
fbresfs made the fret assault and there mutual
combat. (Mr. o T.. alluded TO the cases spoken OF
by bim). II will be cOntended by The D,strctAttor.
ney that DIR. Graham the sggress0r, what con-
tend was not the case-tbe the State Of Della
ware is claimed by the District Attorney made in
ls45 as governing this case which Stae has about as
much authority one of our old County Courts had
The decision says, because they cannot lind nything
in The books authorizing IT, they would reject the
iimony, while, at the same time the case in North
Carolina twenty five years old, aud that Of Ala
bsmo twelve years old, and III the books, when the
decision III Delaware thus speaking, was made. he
f.Ie -.
habits OF a deceased should be shewn We have been
permitted Ia chow the ,bit of DR.. Graham ia carry
ing the cane ana we did so 10 rebut the idea that he
took il for the sake Of committing aa assault That
was not objected to, and we have the same night to
fhow facts as 10 the habits of deceased-en1 oling
the accused to throw light to elucidste the trans
action.
The Court said he would take the books, and they
were faIded up 10 him.
A recess Of 20 minutes was then taken.
AFTER RECESS.
The Judge said he had locke toto the cases because
the proportion different from his first impression
md he desrous Of ascertaning on that point.
Looking at the cases he thinks the testimony be
excluded. In the case relied upon mostly by defense,
the parties had been drinking all day. aud had GUAR
rel bali an hour before the kng so that 1t was pro-
per 10 admit testimony as 10 deceased The decisions
and argument Of defense of weight but the
may be sad not to be very decisive in their character
Notwithstanding that the decisions and argument
entitled TO great consideration an obliged TO adhere
proper TO go into testimony to the character and
habits OF deceased.
The tesiimoiy, therefore, not admitted.
Mr. q ConbOr said US the testimony was ruled out,
and il the main Ter timODy they had relied upon,
they have but one more witness and he was not ia
Court In the meantime, while waiting for him he
would draw up statement of what they he'd expected
TO prove as to have ii exceptions on the record,
ana 30 time would be Lost,
Some DELAY then occurred.
Mr. O COnor drew up the following statements and
Rad them Is what they etl ecled to prove:
!. BY the testimony of VIM. B. Chase, That the
deceased was generally kHown 10 be person of a
savago and quarresome disposition.
2. By the itsumony OF VIM. NJ Stewart That he
knew Col Lorng in California, and that he Vas gen
orally known TO be person of rloOus and quarrel
habit and OF turbulent, Oyerbearing and violent
tempe; ....,c.,
Col LoriDg in California, at Benecia the last place
from which Col. LoriIg came to the City of New
York and that he there generally known a.
man Of great brutality of manner theaening 10 his
gestures, aad menacDg III his habit; that Col Lorng
threatened to drive any maD away from Benecla who
chne there as Collector; that the witness having
bsep 20 appointed came 10 Benecia and Loring hav-
ing 10 acquaintance with him attempted to execute
his threat by deadly assault upon the witness
BY the testimony of Judge Henry A. Lyns, L.
s. Judge in California, That deceased was a man OF
ungovernabe temper, of uncomfortable Jury, ana
aicitd to violent assaults upon human life on shght
Wetcnse.
5. b, the testimony of Robert Edmonds that being
a Stranger "a Col Ioring the deceased, at Panama,
Oh ih,ir Joint way TO California, The said Col Lorng
ATTEMPTED 70 take hlsllie without prov0ca'ion.
.. BY the testimony of John ii. Briggs, that
wear or II orc snce being fellOT passenger with the
deoeased from Panama TO San Francisco, the habit
9th, deceased fol violence and disregard of humsn
E WIS no. orous and the subject Of general comment
7. BY The testimony Of George Washington Miner,
that bong fellow pa. sengor with the deceased on s
last voyage from San Francisco 10 New York, the
deceased habit for rage and disregard OF ite on
slight pretcnsc was notorious among the passengers,
and The continued subject of rema'k.
:. BY the testimony of William IA. Oxiey oil ms
Civ TO the effect that of MIR. kinzer, 30 far
n the part OF the journey was performed upon tue
steamship North Star of which the witness was purser'
9. by the testimony OF Col. Hugh Tyler, that Tue
deccnstd in the City Of Washington, shortly before
coming to the City of New York, was in the sight OF
the fitness suddenly engaged IN violent personal ana
ply steal alteration wiih another man. total stranger,
and without any provocanon.
70 BY The testimony Of other witnesses that Col Lor-
ing the deceased, was engaged III ST Augustine,
Florida IN violent alteration which proceeded into
a street fe ht where Col Loring used deadly weapons
al used them to the injury and bodily hurt OF his un-
armed opponent
MrOConor handed the paper MP to the Judge AID
askec him II be would please mark the exceptions
with Lis Initials. and hand them back to him, and he
would have fair copy made
The District Attorney said he would also want
cory OF The paper
Tie Judge ssid he supposed the defense wished
exc, pon 10 each offer which Mr.. OConOr replied to
in the affirmative The Judge marked the paper as be-
g exceptions taken by counsel and handed it back.
Mr.. OConOr then called
John NJ Carnochan who was sworn-Am sur
Yeon and hold the chair Of surgery in the New ork
Medical Colege was not in Court when Drs Chl aud
Ouack epboss gave testimony as to the wounds; sup
posing an instrument such az shown had been inserted
eight or nine inches into the body lift had been turned