The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-13


which may fall from the Bench. For gentlemen, al
'boogh it is not only the right but the duy Of tho
Court TO aid you your search afser TRUTH ID your
province and, may add. your rs~pors biity your
oa'hs to lind II, and when found, firmly and impair tally
to declare it, savng 'he consequence whether Of
vctton or ac1uthi, where under the Law lsy pr ,pey
belong With those consequence except a. shall pre-
stny explain, you, gentlrnen-fortunately for your
selves-fave thing 70
Aoeosd,sg :" he classification adopted " the sstat
o thih StatedSieiirg "a thss respect from othe
states OF tie Unon- der although Ia II, nA.ute III
highest degree If MAJ Ala uPhttr Is Law
,henec shsbe (unless m'tigs'ed by the executive
tie Lgiriatuft) with death nDd yet under indi 4
men of murder II IL competent " the jay II ia shelr
view the evidence requires sdms it. 70 orng ia
verdict Of granddaughter in tue frat, secoad sard
fnudh uesree; thus in effect rc1uciog tho penalty
the oenee from death 20 imp ii.oDfocDt for of
years, or, itnay be, Ia mo . psoup,sry Rns.
viii le Tor you Therefore gentlemen 10 deesm miae,
c"a.ng as you may ascerain the facts bs, whether
hs Is case 81 murder, of mansughter, Of neither
There IL no dis ute gentlatpon that rools, the de.
ceased, whose death l. the OF the ipcio,m.nt be-
The cns question really Ia issoebat thst tevevss in
iis consideration many subofdns,e pot, ot iequiry--
reiates 10 the motive nducement 10 the deed killing
human being II rot necessarily uIder is ID
tariy criminal act. II doue se-defnce ald under
apprehension Of vio the act may b. jasaabe but
IN that the opprt real aud reasonA
bic the ger imminent and the toresrened OF
such character 10 be fairly deuoninated in the a
gunge OF the statute, great mel injiy The reck
manner .vinc'ng deprayed mind regardless o' hnnan
ie even without any ptcmehtatAd ceign to elect t1e
dta'h Of any particular individual, II death ensues ID
mui der.
Applying these principles the facts OF the present
csse, so far as we ascertain them, lot 70 what
cor ciusion they lead.
Baker 1t sppeass at about the hour Of O'Clock
night accompanied by Ave other persons-ho,seIf and
Of ihen az WIS their or his orcinary 1ab armed
With loaded pistols-entered the newly opened eat
ing snd drinking establishment called stan Hall,
~ usted in the n,cst public pact Of the u,ost public
III. Ia a Ia I'm nrSl
question TO be answered by you-vhat I'D these n,on
there az that hour Of the night and what ataSd them
70 enter, when they the shute up, Ard - place
sesmii gl7, at ieast being Low sundsycossd for the
p'ghr
There bad besr-the evisenee shows-ebout thres or
four hours previous hscas IN this same place In the
pretence OF fifty sxty spectaor Of whom Baker
Nor. issey md Poole, 1. is the ac.
fcls- BAKER, although probably armed al the time,
tkng part and even refusing 10 Morrissey he
q his pisto, until the police entered and put stop to
the proceeding. Baker, however, ath,n,h took
part scans 10 have taken some interest 10 tae aTs for
we hno him Immediately after, at about Or 10 o'clock
peeling tor Turner at a Aliens ia penard street say
ipg that there had teen between Poole sad Nor
iissey N stanvix Hall Not hndiug rurner--~bo, IL
seems, denied hmse fre TOOK omnibus and went up
town. He probably stopped, although that Ia not
ain In the neghbcibood OF Howard street. Who he
Consulted wthifh he Consulted With any ytodyfoes
appear, except il may be ibferre from sabs equent
events. All we hrow is, that about half past 10
o'ciocf perhaps later he took mack Mt the of
howard street and 20, out sgain at the Of Brocme
and In few minutes turpin. back into
Brcadwsy In som pany wita five Fix others We next
nnd himior tne sec md time-at Aieas Hotel in tis
ps ard street, oscussirg the Morsses Snair, in com
pany with Papdeen Turner, Hyler, Van pet Morrisey
an6 others This late as L. o'clock there.
abnts ,v cfg they had been tcse'hef sot shown,
the proprietor who the witness had gone down
and been away from his barron for Two hoors
Nor does II appear at what hour after Twelve they lett
Ls9enard street Il does aopear however, that the
same party. except Morrissey who, aer this nst III
hal given his 10 the officer and kept IT, not 10 90
above Canal street at about clock together
into the City Hotel called another sal,ou, the
southwest a Hegstd street shd Broadway, and
there dravk and talked but ni loud enough 10 be
card roo'e ssloon you viii rtco c,t- M too krpt
tuch eslablisbmene~as at The opposite rncr, In
diagorsl cop; but II lad neen closed fr the night
oon after tselve, Poole hiras hsvg eft L than
20 hours previous Frors he VI, ~ Holssu~b think
q the fair irtefeuce from she evdenc.tbe sx persons
hssDed who had been finkrs and eoefcring At lest
NJ Broadway, nn,il they reaohed Ssn~ix Hal, witch
hey must have entered lste II not later than
o'eIo.k Why did they leave 'he Cry Hai, where for
aught ihet srpsars they were pefccy ~esi ascommo.
csed 10 visit, at that nneely hour ~ the eight
her establishment having greser drinking conve.
nienoes, unless il TO renew Baker expressed H.
the bail which had been opened there " IL the e.ly
part "a the evening" II they merely wanted hquceof
~hi,h they already had great deal too much--tiey
would naturally have taten IL st the city Hp eL and
rom thence have gone direct 10 their bed- Why too
when they the shutters closed and knew that satur.
day night had already advanced into Sunday morning.
did they psrssvere In entering "a they not kno tia,
Poole vas there not couli hey not easily have In
formed themselves AT all eyents, when eutering
not before ihey sotuany cav him, why did they not
desst and withd4avf Why, the contrary, did
faudecp the los. eho entered, lock the d be.
hind him, seemingly, for such appears 20 be the
only inference preclude any outrice interference
sucn entry, uncor al the circumstance, of six men
three Of them armed with deadly weapons, a: such
hour of he night, and especially after the pre
Gus stray, Of vLicn they cogt izant the
evening unless folly and satsf Only explained cannot
TAI " give rise 50 very serious Suspicious Il they went
there TO shoot even la the Of pasiime intending
bodily hahn OF which however there IL pfelelc-),
,hsy must have known !, to be an."iai Or II ,hey
oinate passien for lquor-tbey equally kues at all
events bound 10 know, ha, such frequentios
Wa also Violation ot law. What theo-,he qusstsSn
reeurt-was the motive CT these Fix men, an1 Especially
Of the trial for hat sniswfa and suspcous
hsye right 70 EEL deep interest ia this trial, viii
ally a, thl the threshoid Of tao bio dy dana hat
folcwta pause tor reply. WhA, had he prisoner NJ
The bar from or O'Clock In the evening until O'CLOCK
4 G next morning, interval oi tour i've Douc.-
what, tsy hsd he becn doing consulting purpos.
ire to doy lie, Ct course, best tnew hi, o~n m,ye
msn's and beat sble To that question. Toe
prosscu.icn in a measure had to gtope Ia the dssk
They, however, have given us Fomehing-as much,
think ~ could reasonably have ben expected rom
them And that something-bc 1t more OF ies--tenis,
IN degree AZ least though MT very strongly 10 ths~
concert and deib@ra,ioD, especJy When taken in
nection viii omitted explanations which IL would
,, ,esm, might have seu, bu' havs not been, very
fully given But this IL not al there bad
feeihg existing between the partes-sxisting bfofe
the hist affair Of the svsnps tor po,le counsel
bad sdvseo Baker 10 seep out ~ Poos vay and Btef
thinking, and pet hsps, rightly that Poole had been
Rut of gross Wrt ny IN the hair nf TIE hArans han ne
eared 10 Breper, boIdlng olt hi pstoi at the time
that 'if Poole ever inerersd vi him be ~onld shoot
him es guick as he would rat"
We sill now for the tetier undertaking q The sub
sequcnt seehe leave the Baker party, called Tor
ment standing AZ tAs door, vhils take sef survey
OF the and the ibsn e1iTng state ~ things tDsus
Foo.e. you vii recosst Who sef tie miserable tsrce
at 'hs police stnten which DID ~ a.. scmi, ,trsp
cal Performance hetp husseb and Horri-ssy the
stanvix Hall Lsd returned again about 10 ~ lock -
the Ysue place, -tu engaged, he hal hcsn for
three hours more previous In tho tn"rdlnats In ut
g,uee ot BIZ appetite Cor champagne W. may .s, ina
sgN bis cgLcdon. AtbonRn MT dtnDk aeeotdi 10
thefrossef aceepRfion u he term be va doubt
the expresAon for the want a bette IN what
II usually deBon mated = naan0fn state. bat nor
qusrrel- me, 'nieriaping every ~ around him and
the number was abu dozen inclae Ing the yr1pdeor
a the house, and The tackm whose carriage 81 the
door With 'he most profus. libersy. A. the pail ulsr
mfmeht IN cues ioD b. standing With H. tsr - tee
thr ore arm fesi the counter the street, and
about ten tSflsc ie. from the bsIz. door, wh Camp
ns, lngsr-on and seonoush him, ffaAirs sli
champagne nth hfrtw5 b3tiiss Z. rbch under tue al
Hgafhn hat they had ben ofdersd tn ninuts- tes.
~ ~ addition 70 his previous supply fufnstsc
Lin Al or Sunday he'd commented HE othsr fiend.
hay, LsaIeF Harris and the w. AckerssBs aisa