New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-11

nNctay PSiVotu upon oH DnasL j feufsm0& uoV
bs oeds rss wrapped IN tbs ensis OF freesom- 70
member tie ergtheped prccession, and DO . It DO
torotd the stiffness Of the Sabbath and a. oos smsoG
s.nesss was ret rn 'ing that in sp propGsts n
WneiIeo lorors should attend the sspalcere q eae
shoee Iie hsd, without fault been taksn swsy iron
hin. cid Lot hen nagine that il would ever ~
come ny p.oiess'ond duty 10 stand up before Jsxv
ana cary ,nsm win me through sn eIaminatioa z
ire YES, array OF circumstances necessary to .
examined to determine the suit or isnocsses
Of any Of the parties engaged 10 80
Lffiay. Time pas:ed on Il so happened that shs
Gated Mr. james Irving in the rsosaction ana ho ~
held by them as a. eesory before the "a u inue
0istey sfer the Grand Jury followed the exsupe ~
by il cIudirg Mr.. Irving in an indictmsat A evaus-
mon Of the bar, who was the special sdvis~ Of NJ.
Irving a. tha; time called to his profcssssa sil,
ard il wss then examined for the first tinas he
features of the tIensscon, and brought 10 bear upsa
them the ind OF lsWyer. cav that there W. not
particle Of evidence inphosting Mr. Irving. whe
the other hand every part weat 20 his exoneretse-
He wss at the fst ARRAY grsspiug the infuisted sal
drunken Morfissey erouI d the waist and ex podng ~
BODY in froni of TIE hand Of ths Desperate sad
exei'ed Poole. was as'onished thst the Grand jury
should have Implicated frvug. thought how ess9H
putc opinion Is folmet, accuses man Of crims Ell
a. once wtfou examination places the public n
that POSITION that they II Is almost impossible 10 give
him fair trsl. spilled in this Cout Of Oyer sad
Te'niner to the late Judge Aonis-ihan whom Q
mere feslless and upight msg'strste never grsosA
tha' bepch-snd with tie ftsrsssness which vas one
o. The great elements Of It's character, although
the stern wss vi hou', and a noug, he csllsl
cow upon him the denunciations of the Press he
seid that there was 30 evidence here impiie .;esv
living, arc for Tie brst time almost ia tbs hstofy d
isrspruoerc of The State o. New Yo'k man 4 Ncsss<
by GraLd Jury OF being concerned in what u,oa n
hrst impression. appeared 10 be one of tia at ia
boiical mis.6cres or RECORD, was ADMITTED to bail I
txsmir Cd further, ard ouod that ia regard to Vas
Pelt Mo.rs.sy, lin and H. Ter, there not par.
tc.e Of evidence Justly mplicsipg hem; while otAr
,atuTts were lifted from the transaction which world
shoE that no jury could ever convict hen, sad 40
discreet prosecutor would ever bring the 10 trial
spilled 10 is hoLor Judge Cowles to admit them t.
bail. He was aso fearless man. He eKsminef the
case 81 came to the conclusion that TO M,rrsssy
Van Pelt Hyer aud Linn, there was no Justification
for the Grand jury 10 find the indictment agains. them
and he admitted them 10 bail. Morrissey is hsro IN
Court ard Van Pelt, IIyler, Linn and Irving have
fed from our State. refer to this fact as ius.
papg the lrupriety OF the course OF judicial aosioa
Gentlemen, ] had pever seen Baker bat about thst
tine letter fom him addressed TO my learned IRENE
who Is to follow me Mr.. Whiting and mysslf-sal
which hsd probably been 80 addressed beossss
published paragraph had announced tia. We hsl
This tisrsaciionl came 10 my hands l read L.
never expected TO Baker then. For the fret tine
g-ntlemep new light burst upon my vision, and
began 10 doubt whether my first Impressions zero oss
rect and whether his was not another inst scca whss
fsse state nts of facts had been siven the os-
muniy as tue. The Grape Shot returned wita Baker
on board. Inceived a message from him saying hs
desired On interview. called upon him ia prison. I
hesro bis story once twice, thrice. oomosred wiA
the staten ents OF the transaction which had bees
given to the cubic and doubted still mora vibsG
Turner in his cell where he lay with his wounded sf
rot expec'cd TO survive. beard his story, aad eth
more doubled. | saw Van Peit, Hyler, MordssY
and Linn amin ed every feature Of the ,rsnssoiss
in its vast eIpsnse with the spirit OF mat vt!eg 70
learn and with the spirit OF man determined that
nothing she uld prevent me from getting ct tho truth,
4 ..l ALL hat 49,
recklessress lei 10 this sffray, aud after oareci
scrutiny uuhesrd snd unbought csne to the couou.
sion that Baker was Innocent, aud believe Is new:
and / think eau prove to you by agsomstry 50 tree
that 1t cannot be denied that all he did was in The 81
eTcise Of tie treat zig ht OF self defense.
MIR CLARK here referred 10 ne wsPaper par graph
which bad appeared, and which stated In efect 0ss
the question involved in tue trial was the rights a
naturalization of foreigners. II stated that bsad q
ruflisbs, beaded b. Iurner and Baker. had sought
Poole; that Turner had shot him; that Baker then
shot him and fled; and furthermore, IL stated tAss
nothing had been elected In the .m,eeaco OF
guilt spoke also OF the apparent unc0noern msal
fsted by Baker in ibe trial Of the cause. With tAb
last reIsrk Of Mr Bakers unconcern the counsd hsA
been impressed. 1t war the uncoI cern growisg oxt 81
a consciousness of innocence, ana Baker hat st ~
times said him: Get the truth out aud do aok
4" ar the result Of this trial"
Gentlemen (iesumed M. Cisrk), the theory Of tie
prosecution If that Baker, Turner, Paugens, Van Pelt
lily Yer sDd Linn who for the PURPOSES Of he can,
viii call Bak.ra party, if you plesse) sou. ht Pseis
where they knew ne was, they having forse<
Previously deliberate cesgn to asssasnsts
him, sId then and there consumms.sd der
btc IL that beso, il is rank une Iuivocsl musdse
Tie theory Of tic oefcDse is that Poole wstchfal sat
wary, took tie sdvant,ge CT the assault which Pas
lene mace upon him. took the Advantage Of attack
Baker and that the shot which sped that bullet 10
Pooes healt was FREQ ia The dsspesats ceofot ehst
ersued between armed men, each having, by tns lsvs
of God and m5n the night to use all tao means Ia DIS
& y IL i'm ha 4. ~f
ar ceath. Ihere is no miccle ground upon vh,oh
you stand. Baker Is guilty OF murder or hs IL
Innocent Of crime. There are osses whsrs msa
nsy be in doubt as 20 whether Ii 10 murder or
granddaughter, and the law nclining 10 mercy.
prcnounces 1t msrslsughter. Anc between murder
and homicide 10 self deieGss the law inoiiaiax to
mercy, Honounces the man insoceat- Thsrs
is dead. lie died from q bullet wound received Il
that aisy. The question w. did Baker Ere that shst
which sped the ball 10 the heart Of Poole. bclisvs
ny self that Baker fired the shot which took his he
Die cay the contrary, should 90 ieJg'1ee 70 nv
has lever hestated TO say that the shot which b
fred on thai occ asion in sefdetens, the whok
kil9d Poole. He said that after he left ths place
He declared it 10 the officers after bis % and
capture. And although be was the only man wbe
kLew it, yet be always said that 70 close wa The
muzzle Of the pistol 10 Pooes breast that 10 mast
have killed him. 1t COED not become ssy msa to
acnit anything when Lis Life is concerned, and g.
though we have right 10 ADMIT, yet after osasults
tien believe 1 sm at liberty to argue toe osss uasa
the exemption that The shot which killed Pooe -
fred by Baker. Tbs clean the osss Of mue rubbish
Gentlemen, before proceed TO the oonsidees;iss 81
tie evidence az to the affIay let me say that tss =
one of those cases where character becomes involved
There are seyeral hines Of character involved here
l. TIE character Of Baker a. pesceAoio nso.
showing whether be would be liksy 10 fern plot -
sSssssiI ate man.
. The char aoter OF Poole q man, violent, fss-
perate and aggressive.
3. Bakers general character, a. to vtethsr ss
would be likely to commit any crime.
T. Poole general character a. man Of truth asd
haf xhoaLk L.