The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-25
Hhc Poole Murder rCase--AppiscasaOn 60 Adj
init Paadesn t0 Hall.
SUPREME COURT SPECIAL TERM.
Before Judge Il p Covlsa

init Paadesn 20 HAIL.
SUPREME COURT SPECIAL TERN.
Before Judge 4 p. Covles
TUESDAY, July 24.-Ths argument the appic atos
TO admit to bail Patrick Mclaughlin slias PAudeen
charged with being accessory to the murder Of Poole
was continued by Mr. Daniel T. Sickles Tho first point
which be presented the argumeat that the prisoner
By the 2sh Goth and 3oth sections Of the Revised Sta
tutes was entitled to be baed owing 70 the lapse o
the term Of oEe Court OF Oyer and Terminer aud
three Courts Of Sessions at which the prsoasr might
have been brought to trial.
The Judge suggested that counsel should place little
reliance on that point.
MI sickes did not MEAN to argue the point for ths
discharge Of the prisoner bat for hs being admitted to
oakland be procesded TO read ths thrse sections OF the
acts bearing upon that point whish he considered OF.
picit and almost peremptoy And on them hs ass
that the absence Of any sufficient cause being sho xu
BY the District Attorney Why the prisoner was not
April or At the Court Of Sessions al which he might
hsve been risd snes he was entitled Il not to his ds
charge, At least to his being admitted to ban The
statute authorizing such : case a. this 70 BE-
tried bsfors this Court Of Sessions was psss,d
Ts,m;n IT. Ap,n last, while while the me csnrt Of Oyer aai
was an eminenty Just and proper IT il not the
object Of the law but sgainst ts spirit to puaiah
is ened 10 be brought to trial at the frat
court after his Indictment and hs be not brousht To
Lheh ~ duty Tho Ulstrtct
cause Why he should not be discharged or at least sd
mitted to bail Tho prisoner however did not claim to
be d,scharssa He courts trai, confident that WI su
court and jury he will BE- able 10 sho his entire iuuo
cencs OF ths charge against him. There Is TO bs
consequence Of his being tried in April il In At bs
VIII be npriscned for ak months That Is contrary 70
the spirit Of the law The application based on these
.niee secuons IL by no means Ia this city
BAH under them Counsel wa. therefore di.po:sa 70
The Court suggested that the rish Of the priso
nsr TO have moved for a trial At ths Circuit Court
not supposed know that the Dstrict Attorusy vous
rot have cone So The onus did not rsat With the
The Court The object Of the statute 10 enabling
parties to bs tried In the Circuit Court to render
y optons with the dsfsndSn.s Tho reason he under
stood Why this NO. trial at last ,er aud
Termircr was that the District Attorney tho1g al II
would not DO humane in the state Of the public mind
and from the fact that the prncpa Baker large to
have brought these to trial He, the Judss coin
cidtd With the vIsws Of the District Attorney.
Mr. sickles thought that there WAS, no doubt pro
point OF view. raey all charged as prin ,ips,s
lbe prisoner would not have objected to tsl at this
eyer and !s'mluer He stood here the defensive Hs
Was bound to ASSUME that he wo1d be brought to trial
at the hrst term and 81 the law gives him right 70 be
dtcharged or at eas: admitted to BAN II NOT tried he
case. II th,rs wss a vitness wh,ss astsndancs
could rot be procured, If there was any reason
why the prisoner should not bs brought 10 trial
it nust be a legal reason, and the Dstiict Attornsy
Is bound to show tDa IL Is The point Of the coun
fe wAs that the prisoner give bail in the amou ri
and with the securfy required he may bs admitted 70
bail although the question OF guilt innocence does
not stand Indifferent the parte evidence produced
on the part OF the peopls. He knew that when that
question cid rot stand Indifferent bail was often ref
hut he submitted that that was an unsound tat X
called en- the on ;er before whom the applcatio,
made TO assume the functions Of jury These appli
cations should be put upoo their true ground which Is
whether or no there Ia reason TO that tas
fsnoant II admitted to bail, viii no. for ward and
take bis Trial II there then there In good reasou for
not admitting him 70 bail Ills Honor Enew tbs, day
after day persons Of who gai. OF the crimes charged
to ta De conceded that the be alu de- to wsre
minor feloIes, bat st the principle was the same II
the defendant would not be prec.uded from ball II was
the principle lsd down In the well known cases OF ths
baltimore; also the case Of tho peoDi. - Goa~io.
lie quoted the Judges opinion In the Of tbs people
sgs!Dst Van Horn Judge MAn.asld admitted Lord Bal
With which he charged was capital oaenoe: aud ia
that case the cecion put upon the ground whsther
sccssed would cone 10 trial and there was no oh
true ground on the question OF ball. although the Ger.
tasnty Of partys guilt might be taken into considsra
-on Council then passed TO his fourth point and rs
errsd TO the minutes Of the to show that the
auet on q the enit or Innocence Of the defendant In
stood upcenrsdict.d the prisoner could not Be con.
cted; and # be su.csedsf in showing that, he con.
,,nssd s aM rIasr any cireums'aue.s the prisoner
wix Hall
The Court in,imated that be vas aware the prisoner
"" not present at the frs. anrAy which had taken
place.
Council was glad that that fact l.v on bis Uoeor,s
mind, as IT would rave m and the Court much tins
tie would then show that Mclaughlin did moi r, there
with sDy NAL cious motive
there with view OF haviBga quarrel with Poole but
would assume II TO have been for ali the purposes of
the Argument, q casual sss. N blage.
Council would, however refer 10 the tes imony OF Mr.
nf, tnat Mclaughlin WAS pressed 10 90 up acre With
By'sr to see him home. Hyler having been prs,ent ~
the hrt aray was apprebensvs OF being assaulted and
requested hclAushln TO go up with him; and having
been rolcited two three times he at Ieogth consent
ed In the t part Of the svsniui scene itssf n IN
that the serious Incidents occur sesen
dant With these parties rbe first thing that occurred
after the party went into stauwix Hall vas, that they
bad drink together In which Pools declined 10 partc
pate SO far therefore, appears from scs there
were no hostile intentions entertained stber part
words taking place between Mclaughlin and Poole The
testimony showed some previous alteration wssn the
two, some weeis tefsre. Naturally enough, when ths
parties get together agsn this subject Il vel
and hoIAushln Ia seen bsntering Pools for 4 fight
Counsel dd rot de.ire Dodge blink any Of the facts
tie Then Pools comes for ward and chsiss
anybody present. 10 fght him for $50. This Ia most
fuzzy set out in tie testimony o. George Andrews,
one of Pooies ovD party Counsel read portion Of the
testimony IN question, commenting upon . humber OF
se's, smoBg them the fact that there was no
H. yer slso, upon the fact that ON the sams evening
there had h.na quarrel between Morrissey and Pau.
oteni shoi 90 tDe iAct thAt there nothing In
ssntatons Of Pauseen 20 Poole that nis hi different
from tie mspIsr 10 which be had been shown 20 accost
him On several previous oc'ni,ns lie thought that the
testimony okhat wness With Others furnished 40 easy
clue "a the evsIts OF that night Poole had challenged
spy OF them for s50o-Sioo forfeit These hal not
the money TO put mp; and Turner fesing the slight
which he would have TO bear " the challenge not
accepted out Ia sceordancs with his Californs
education, and enters the rins Ia hs peculiar style y
ssypg, iThs man wants 10 hight lie viii no. ash, for
le,s than 500 but let us have hsht any hos 10,
ssi M The only sensble solution of the teuibls
tragedy Of that reht the fast Of Poole himself thros
ing out The challenge which be did. But for that
Poole would be 70 night, among bis friends Up 10
the time of the challenge, Tuner he'd shown dis
position TO nght, but had actually intsryened %
prevent hghf After Turner however appears oa the
scene In this character, Paudsen stiiI s,tempts 70
keep in the foreground but Turner thrusts him aside
snd from that time the ssoony In regard " the par
ticpstion OF MciAushha IL 40 oontrsdictory and nds
ape ~ to render npo.sls 10 say what did dis
not DO The NEXT point IN the evidence against McLsugh
lin Is, that be had pistol shout him that nSht bu.
counsel prepared "a shov that he not only had not
pistol that Aisht, but that he carried pistol
De that be left The bouse AFTER the shot was bred
The testimony OF the Witnesses the point OF bis bav