New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-13

are uAeis o hsve been guilty. OF desioers.e peDary-
second s said that Baker was a peaceole quiet,
good natured man, Who not in the eas, likely 10
pave thea any human being without jastifable csuss
4A"d; Ihst Pc le had mI rested Baker on fv-
ner oec ssiots, and had utt red contemptuous aud
hostile threats IN regard 10 him and wa. thsrsfors
lii ely 10 have been the sgprSssor'
Fcrfh' INA Poole's overcSat which he had On
that evening, ana which before wss PERFECTLY sound.
wss discovered immedistely after The ar ay wita three
or ore buletholes in one OF its skirts na, ting thai
filed shots from the weare; himself had sea fred
through l..
As 10 the second ground gentlemen, it cannot Int
have occurred TO you that If Baker was by nstars
Quit Dc scesble citizen. be had most unaccoun abba
son for disor6rly scenes aud dlsordery Associates
"a passion which even the most pa nj KIP iis &c
sIlace par icuary 10 Mr.. ShsfeI's account Ct tss
STRAY at the saloon next 20 the broadway Toes'er
had no power TO control.
As TO the thri ground the previous brutal ehsrsc-
ter ard brutal conduct Of Poole, espscsy Ia bis i0ter
course with Baler il must have struck you think,
in The course of the ris-I find noted toe iet do IN
in my MINUTES While the evdeLcs was bing given,
and which may as well be expressed in tie Language
then usec-ihAt
outrage. perpetrsted BY Poole on previous ocs~on
sssi ssker Bakers f-ncs they aud
eontey rsisted furnish legal u6esaDa fs de-
lib s,ely ~hout sss process, IN skins his he; ~his
the other hand balanced stas of evidence dc
ri. se they would cons uts strong soNo.tSs cream
the pr Dab COZ sec ness Of such sste Of thioU
And we accordr gly find that Baker, as 10 the ARRAY
next 10 the Ihset'r Instead Of avoiding Poole, and
vi.
he should bave dore at leas from the place where he
had already witnessed ote facas tie came eysnios.
peIs tee IN entering after the propr had in effect
given notice that his place closed for the nirht
eDd that, too uuder the prefer Sc, il you please
with tie iona fde mOrye-h such a motive uadsr
The circumstances, could be bona hdeo, iudu xing in
more liquor.
Can any man doub' what Bakers feelings we're ana
in rat siste o, excitement whan he entsrei ,anwix
Hell tie second time that night, In comosny with his
FIVE ascciates-hree of whom wae lighting charsc-
trs, anc ali of woon FRI sh from their bar BON
dncussIIs on The tnormi'y, We may suppoee as they
corsilerec it, of Pooes conduct three hours before at
the sane place. 6Id toward thsir friend Morrisseyf
Did lie net zee his friend Pausere s'sn,ly c,mme0c-
ing quarrel With Poole aid instead of interfering,
as good oiizen should have done, to restore peace,
cid Re lot cooly stand by and slo tie grossest in
suits 10 be three times repeated without utsraS
a word OF rem rance I Did he not, agh un-
willing to do anything in aid Of peace, persist in
remaining and in Indirectly by OILS presence counte-
mar cling the ou'rsges Of his assOcats With all this,
is there pythipg int in thu statement Of
Aldermen ard Desp, that Baker, when pointing aud
oschars ing bis pistol directly i6to Pooles breast said
I'll put end to this or TO you, or III take you
anyhow, or uttered some expression OF like i'm port,
indicating feeling no. Of deense, bat OF what no
piobSby considered justi6able revensel
As TO the fourth grouni-the bulet-hoes made on
the Gee sson in Pooles overcostyou will recellec.
tba after Turner commenced the hing, soma eight or
Line discharges from him and Others ndiscr nnstsly
took lace before the cuttsia oroppef. Indeed, 40
brehttIpg bis last The bullets would seem to have fall
en- like the scattering of handful Of L Is not
neeesssIy therefore, in addition to his other sns to
convict the dead man of perjury in order to expsin
the condition of his garment. lie swesrs he did not
fire at ALL and no witness, unless II be the silent gar
ment openly exposed, sTears he did. Aud shall We
upon The ambiguous givpgs out OF that snseess COM
pound of wool and cotton which Pool took no 20
cor ce0 deibera ely acudge that the dypg man, with
out motive, permitted hlmsef TO pur sc into the DARK
and unatb omed oce an of eternity with lie upon his
Hfs and perjury on bis soul
Ii has seemed to my mind, gentlemen-l cannot siy
how it may have struck yous-that this feature 10
the DE- iense this effort of the accused to bscken the
name of the man whose life he has taken, coa'rasS
mos unfavorably with the spirit evlnced by hs entsg
or ist iD that diving declaration, blame not BAKER
80 much as Monissey and lryiog." II assumes, aud
Ia fleet asserrs that Poole, whose daring character
can hardly be denied in das,srdly manner, without
motive mufiied the pistol he had so earlessly dis-
played thee hours before, and then on his
after ten days for reflection, with no hope on NE anu
with a ceriaD, inc vable grave before him, wtaout
| motive again falsely swore that he had not hred at
all II Baker believed this version Of the transaction
10 be true can ii be credited that he would not have
taken uome pairs at the time, by himself or friends
have told the 'alel Why cid he e.ve the whole
proof this point 10 e. unssssed lsbors of tie pub
lie proseoutor2 Why, unless from the conviction that
the pistol, if pros uCed and it's identity established,
would, from is undisturbed contents, have demon.
s'ratsd that no ball had issued fom it that night
am aware gentlemen, that as to the completely
loaded pis oil which has been produced by the prosecu
ton traced back 10 the Police officer who, al tbs
tine received il Pooes, bu. rot from Pooe, there
il { feet in The chain of evidence TO establish it's
IDENTIFY. Sui there is some evience, and what there
H. sltl ouGb imperfect is STRENGTHENED TO degree AZ
last by rbe absence of soy esrt tbs part OF the
pri TO proc the real pistol if it % different,
and by bis copcea luent and flight
But how, it will be asked, if Poole did no. fire, did
Bak er receive bis wouIcs.
Baker, you will recolec', if Mitchell and McDon-
ouch are correct in their impct ssioDs was for In
slant, at least, the floor beside Poole, struggling
with him. Why, tbeD, al that II oment may no. a bsu
from Shay who fred four times, have passed over
Bakers hesd from front to rear. blowing the flesh
above the bone and another bal from the san pistol
have passed through the vest and pautaOons and
shirt exhibited to us and have spent itself on ndent-
ing without entering, the surface of bis abdomen
There is no mpo ssibity ia this theory and no i'm
probability and ii is well established rule thai where
testimony can be reconced it shall be, ia preference
to imI uting perjury TO the witnesses.
IT. the il be- true that Poole according to his dying
words cid not fire a. all Is there any testimony g0sg
to show III be pointed or displayed his p'sol toward
Baker in manner reesoI ably to create and 10 Justify,
whether well founded or not an aoprehens on OF great
bodily harm aid imminent daogerl | Gao discover
no such testimony in the csse-if there is you will
recollec. il. And if there were some evidence
sish ~ tending TO show thst Poole, when shot, was
attending 10 commit come Unlawful act shll, N you
sre satisfied thst the extreme remedy OF killing was
unnecessary, the act, al hough not strictly murder,
would in the event be manslsughtef In the second
desre
As have said ady gentlemer, the act of killing
being established it's justification rests with the &C.
cused Has be sho gn soy necessity then-sny necss-
sity which the law admit, or which any weiior,
de;ed mind can spp,ove-for such ex,rems remsdy7
His counsel acmouished," as be says, and almost
appalled,, BY the magnitude Of the tass has srug-
eled ably and eloquently to that snd.and has demon
stated ss be corceves, and as the Court would wish
h belle We from the whole evidence, taken together
aDo critically anal, zed that all his client did on that
eyentfnl night was to exercise the great right OF