The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-11
and in that controversy took the Life Poole

| 1t is murder.
Mr. Clark then proceeded to address the Try 10 be-
half Of the accused. He sad-Gentlemen, whsn you
sumed the Office you now occupy you gave assurance
Guenced BY prejudice or excitement you could rightly
determine according TO the truth OF the case the quss
ton of the guilt innocence OF the accused apon the
charge which has been made agaiast him He trusted
you. and he content that after you shall have
heard the explanations which be alone can make through
the momentous question whether he shall live die.
And what question How Il brings Ia array before Us
the dread ites Of eternity How fitting that ~heu
such is to be discussed there should he silence
and attention. Now that have become the aroier Of
tbs mans destiny i not inappropriate that GU should
Wales about the year 1927. His iaiher, about tine
time of his birth enigrated to this country leaving him
AN only cnid-and mis- mother ut home BY free OF
that industry characteristic Of The Welsh emig lon to
this country, he earned Ienough In short time to send
for bis family and the accused irst his foot
shores when about two years Of age His mother tied
while ne was yet youth; his father married sgsio and
ward OF this city until he about the age Of fifteen,
WHEN be abandoned the pursuit OF his faiher-which
was that Of bIicksyer-and went on the sea- II Is not
at all improbable that O the peculiar elements of
his character may have derived some tinge from that
employment OF his early life. He re urned here abou.
and remsined in that employ ment until about the
time of the aft ay in Platt's saloon, when he
with Poole in his youth; perhaps he first saw him,
as did the witness Acsersor. engaged Ia some
events it is fact that in the early part Of hi. lie he
his fiiend and that friendship renamed unimpsircd
until about the time OF the assault upon the buthes
Mason We have not precise account Of the circum.
stances which led to the difficulty between them II Ia
manifest TO my mind if not to yours ALSO that Ba ~
free spoken who speaks his mind freely and II ia
not at all unlikely that he made some remark evncing
the opinion he entertained Of the difficulty between
Poole and the Mason and 80 established the relation be-
tween hmsei ana Pcoie the facts OF which VIII become
my duty TO 10y before you These are Ill the events In
his personal history which deem II necessary TO call
your attention to- Admonshed Of the magnitude of the
task before me-oo great fear for my powersI will
hasten to you that client is entitled to both
MS HE and his liberty When the Intelligence OF the
tragedy burst upon our community, in con
Junction, probably, with every man who hears
me, ! was or,ors.rusk,-astonishsd that such an
occurrence could have happened in our midst
that 1t should have taken place in city that may boast
of its general good order and morality aud which spends
astonished that 1T midnight and upon the Sabbath morn
ing such transaction could occur in streets was
stranger to all the parties: had heari OF Baker
II had heard of Poole; but his the only Of
the parties concerned that familiar TO my
believe that Baker and Turner with party Of reckless
men had gone TO Stsnwx Hall where Poole WAS ENJOYING
himself with his friends provoked him to fight and 10
the OF it violently deprived him of his life. That
in substance, the Of the that
then pre ented to the pubc; and almost whole
community enert ained about the opinion that !
remsins the deceased which up to this day ever
been deaied the patriots and statesmen of this repub
ic heard how the golden Of the emblem Of free
dom perched upon his breast, and how the flag
OF our country enshrouded his coffin, whilst
the funeral procession traversng our thoroIyhares
broke the still quiet Of the Sabbath day. did not then
imagine il would become my duty to stand up before
jury carry with through the examination Of
the vast array of acts-whch il is necessary doto
test the guilt innocence the parties i'm ic ated in
that ARRAY Time pissed on SO happened that the
Coroner Jury implicated Mr. Irving in the transaction;
he was h. Ia Ivy them as an acce. sorry before the fache
Grand Jury followed immedat ely with their indictment
and The gentleman of the bar who was then Iyiors soc
cioi ADVISER called me in his MD It. was then first
examined the facts of the matter. that there
particle Of evidence to mplcae him; the
trary found that every part went to ex0nerae him
II was then began to reflect how easily public sentiment
is formed began percey. how easy to accuse
Of crime and at once, without examination Of
the facts of the matter place public mod in such
position that IL we've almost impossible TO give him
fair , n We'll srpsaM In this Court OF
to bail and he, with earessness that Of the
great elements snsusbing traits Of his character
though the storm Of passion and prejudice raging
wildly without-said "There is evidence here i'm
pica,ing wing" and for the first time almost in the
history Of the ursprudence of ths State man in cted
by grand jury for what first appearance seemed
most dshoiica crime, admitted TO bail. amined
an Of
them. Accordingly applied to Judge Cowles admit
and be came to the hnt a. to ,rrssey
Hyler Van Pet and Linn there was no jus tic alton for
the Grand Jury to implead them, admitted them bail
they here Morrissey by the side my friend
and the others have not left the city GENTLEMEN had
Baker, but about that time letter fom him
addressed to my learned friend, who is follow me- (r
Whtipg) and which ad been probably address ed
cause paragraph had been published In which it
parties accused in this tonthat letter
my hard. READ it, and never expecting to Baker,
supposipg him have fed to where could reach
him, undertook examine his also and did
anime it with all The and scrutiny that capa-
pable Of As ! examined it ! began doubt whether
ny first impre ssions the affair correct
and il this were not fresh instance of the erroneous.
of opinions hastily formed. ] went turther-l Vi
sited Turner in his CELL heard his story apd doubted
the more saw van eet and llnn and Morrissey and
ana heard thr version and their statements were
ever the samc-'hey nsver varied. examined every
feature me transaction IN its vast expanse and ex.
amined II with the spirit Of man willing 70 learn, out
WIN the spirit OF man deternined nat nothng should
Prevent me rom geting az te truta. visited IN ms
lonely cen mat waywatd poy Iauoeen whose reckess~
less pobapiy leo 10 TINS ata' array ana atter as care
iui scrutiny az mad given 7, ane Case scrutiny then
nhpougn1-l came 10 we oehoera'e 'nc'usion tnat
bhker was nhoceht; ana no matter what your nndiog
may De, wiz DencVe IL sun may De mistaken, putt
yen genueuen ,nat snere are nunoreos OF suou-
SANDS VINO snare win me In that opnion ana II You
were 70 pronounce MN eui.y, woun now hstsnnlng
ene,.a'ne ta' oPinioh hscsna 'no scaola hnu snrso
nun ~ INC nand as Daae MN q iast arewen. inc
eai neo connsei ,hen went on 70 comment upon some
paragraphs whcn appeared IN Journai curing tne