New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-12

and thps impose hsm the ordeal and expsnse OF an
othtr tal for his life, would be an ass sss ieatcn be
csnse Of nv views OF that trsusac ion, ard my ca.
,rsne DEERE hat Bakers heat. b. oh sp lathe should
again become happy NAV, that | sm disposed 70
psses on your ateg ton, With Ill the force can eVsty
f.et connecee silh that scai sfff1y. As 10 the law
there will be no dEferesce between me aud mS
ken6s IL Baker went there wi an otent TO ae assiG
ate saw there Poole. sIng ss the Attorney ;n Re,S
but unter cover thereof bis he mign' ne TAKEN .ae
act f Baker being in danger would not avail nim
anything. But yea coneisse IRON al ue euvum-
ssncts ihs. there is DO prof Of any such premedta
ten then you Geo only acQcit my client. Tue parties
proceed fIom the City Hotel TO s'anwix Hal there
were twelty dirty or forty people there Poole yea
there with biz friends, drinking You can imagtoe
what kipc Of Son VersS.icl held there, from the
samples YOU have had o. Poolet style Of conversation
The order il which the party entered lot sho rn by
The evidence; the whole effect OF the evidence, In
my nil d, IL that HJI Ter sod Tarner came ia frs.
and PaygeIe lset and between his entry
and tns. of como other NJ. Audrews entered,
an intelligent who gives as good account of all
be saw. 10 NY mind it Is very important feature
who locked the door; becsuse II the locking OF the
door comm on unders GOD pisn gives room fer
much euspicion But Of what Whether 20 prevent
egresf, OF ingress Mr. Dean gays PeugeGe locked
the door he fsid il and watched hin) with hs teoth
eIerehed, lke msn deter Gineo TO say 1t. cal The
man who snppretses material facts, be, ease they
may inphcSte himself, not up to The sandsrd OF mo-
rAlts Ul our eide. But lie tass he did cot zee nor
hear Paugelo lock the door, bat because be went out
anc fonnd the door locked when he came bach, hs
Lei US losk into thai. The iestve strength o: the
psrtis wss twelve to twenty we find six men coming
In 10 attack tsenty, pOtkno~ng how MAJ men there
wee. Nr. Dean made his hTst siaseiDeLt Wnen
there = as much general eXcitement-wben Baker was
gone srd there an impression to be male ont os
com luiity that oil the shooting WAS on one side
SHAY Lad then the ordeiiUg Of matters, and Dean 10
weak al. Nov the theory 10 that they locked the
toor 20 Keep Poo in 10 be murdered. Tee door is
kcktt, Blu, the key, vas let il tho door Dean
stoulo lave worn thai tie key no. left TO- and
that tie got out by another kew The prosecution
woul6 not ask Lozer, S1sy ara Corkey Jack il any
oi them locked the door. OF course did not ask
them; ! would not believe their answer but firmly
btiev- hat some of them locked that door 10 keep
this m.r in while his life shot away. Dsan says
he went out first Mitchell says Va. Pelt went out
fut There lie witness against witness Aoothsr
wi,psss said after hesitation, that he did not
know which veDr ont first Ii If admitted that Van
iPelt went out as soon as he was struck 1t was
before TIE stake was pat up, and it was
after hat that Dean went out. II is cies TO
my mind that Dean went out after Van Pelt
ard Lin bad gore out and that Deau is mistaken,
and probably in bis hurry locked the door hinself |
bobe he wss mistaken in his testimony. All the vii.
petss sty there nothing unusual about the msn'
Der of entering il was not Poole's house, it vas an
opfp eros.ery; each of toese boys had much right
to 70 there IS the other. They went to the bar snd
took dirk, and while drinking remark that Pau.
gene comes I'M wild and wsyward boy, who should
Be punished for the sggrssion then msde-but who
made him and other such yOuDg men such az he vas
Clearly Poole and such IS he Pangene came 10,
dIur h. and when his eye fell OIL Poole have doubt
he felt us, as Pcoe did in the Gem when he wanted to
have shake.up" with his fri nd. | AN persuaded
that he aggression of Peugene was an individual mo-
SS Of DIS by Ss BE- ana ce
TO you the case falls TO the ground Let US sac
how the facts are Pausene addressed Poole
ntul'ipg)y Poole made no reply, bat lsughed
scornfully what that means | do not
know whether it means that Poole spit in bis face,
IcsaIot say, because there is 20 evidence thereof.
How much prOvocstion would boy hke Paugene
Wal Psueene took hold Of Poole by the lsppels OF
the coat. Lozier says, why ia h-D don't you hit
hin r. But Poole was not ready. Van Pelt was the
frst TO inttIiere. He said Psugene, what are you
Pit foes out Linn interferes and Paugene knocks
him too. Was that the way TO treat his fellow con-
eprGorl Was there an agreement between them
One Stiffness says Hyler too was treated SO. But the
posec uto Gays Turner the real assassin; he shot
Pooe in the knee and then Baker gave him the fatal
shot Such at least was the theory with which they
opened But Bal err invited them all TO drink, and
some of them drank with bin. What did Baker do
Nothing but 6rak far Much time eaPsed before
should 90 our. Psugere naturally ssi,, If |
rightly he be had as much right there as the next.
Rum mahes boys feel themselves meo and re1aee'
men 10 he siandaro of cbiidnoJd-so Paugene cbsl-
leps Cd Poole TO so to the yard and eight him. All
Dep left in tie room OF the asserted oODsp ators were
Tuner Baker, Hyler and Pausene. Now comes on
the scene TmneI-let us Whist he did. lie goss
MP 10 Psugene, takes Paugere by the collar, and
ss,s, No fghhrg here" sod addressing Poole said,
"Never mind hiu-he's drums. Such scenes trans
such place.. N what time was /, that Poole asked
Il ally man in The house could whip him for $500
Was il before this ms To this time all Farmer
has ,dore is 10 keep Paugepe from violence The
proeeeution gives evidence that Pools went around
from The ffoHt, and the impression tried to b.
yeyed that he went to lean against the wall to de
Whist an instance of forbesrance Had he pistol
then If you find that he had pistol at the second
sffoy il seems TO that the evidence viii impress
the fact that be had pistol then. Oae reliable
Wns 90 who says he the pistol sets aside by law
snd conmC sense score who can only say they did
not zee him have one. Had Poole pistol IL he
had pot how coald he have fired The bullet holes in
and put il in the paptalo0Ds poke. Dean too saw
the pistol. Psugene followed Poole nto the 10 iess.
Did ie kuppose Poole had pstol or course not.
Poole wst getting ready TO shoot. Clearly that was
his purpose IN going into the corner, TO tx bis pistol 10
his lkiag Then Turner drew bis own pistol when ne
ssw Poole preparing for mutfisd firing. Baker and
Others were drinking in enoher par o. fos roon not
to Poole, "Yo1 SAINT TO shoot, you s. OF D., II
"Ast's your gone, draw" mcO0nough reports
words Of the same kid 1t is Necessary that your
minds shoald rect here 20 az 70 get hold of what
TurSer then saw kat caused hin 10 do as no did Shay
and the of his srty say that Turner said Let
sAil IL /" But resoemser taet Baker, mp to this
time, bad not stirred nor said word, aud that
the whole affair far, pertains TO Turner.
Andrews Is respectable Young mao says that Turner'S
remark was 4" II thsts your gsQe, draw" Turner
drew stepped free AID cea- into the room, waved his
pistol over his head 20 wsrn those between to keep
clear cried aloud TO Poole 70 Draw giving him notice
to defend himself whse Poole was preparing 10
his coat. Poole bsd up his hands &c show he had no
pistol and Turner about 10 return his pistol 10 his
breast pocket When he shot hinself that first bullet
was spent In his own arm 1t could not enter Poaes