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

Bahsf. ,hs, would have beet ai1er What reliance
!. 10 be placed on HE tettmoIy Cy Shay shot twics
II BakeT. Jfever mans life wss IN danger, Bakers
wss then. shall not 20 through the macs Of EVIL
der ce - no tso Witnesses sgree. The prosecution
have 10 argue 70 yos that Bake gut is evidence OF
snilt, While Cy RGTriss conc tment OF bis pisol
CIly bscsute /, wee too heavy As 20 the particular
n Ontbt when Bsber AID Poole cams in collision,
Shay ssyt Poole old not 6re bus as he raised hi q
pistol iel Ga The floor. Was it in biz pocket lfeo,
II wou not have fallen; IL was il kis nsnd, and Re
when be received his death wound II was 10 bis ssod
err unoe his skift Why cid no. Shsy keep the pistol
He gave j. TO Corkey Jack Why did not Corkey give
il 10 policeman The gentlemen we're TOO modes! aud
inexperienced 10 krow Whist IN DC tbepsto wss tax IN
swsy, and procured nex morning so said, but tht re
proper de, HdcatioD) ceahcsppee AMI loaded. But
what about that gap Of time be. Teen toe deed and
eight O'Clock nett morning, when some osto was
hsnded 10 Mr. Murray, Justice Brennans pSseol Who
eco even coy the pistol wac Poolesl How did Baker
ana Pooe come into contact Dean Gays Baker
caught Pt ole by the arm. Harris says the stoer way,
that Poole took Baker by his tPoOles, right hand,
which vii. be claimed to show that Poole had no pistol
in bis hand. They differ about the acts aud the Ian
euose. AL testify that, to The time Lozer rack
Baker Bauer had soed quietly a. the counter Poole,
Lozier end Shsy AL Baker q. once, and at tia:
momen eue y man Of Bakers party Das ont I1en
Pooe cav the time was come TO cAriy out ms tare.t
thai, # be ever got pear ehousu 10 bsser ne woud
does lot know frcm whom they Camel. Can any
iuror doubt that the shOt in Bakers leg csme from
Pooe's pistol Baker also got wound in the heal;
ard then, as Ling scrbes II, made away, looking a.
il be had had forlorn hope aud won it. The other
sioe argue that ne laid bullet on the floor acd made
the mark with it that appears on his head; but the
doctors show tbet the mark made by 1lle shot
from listol. So OF the evidence OF his innocence
aDo Poole's sui' as regards the wound in the leg.
What time had Baker 10 fsbricats those evidences
mir. CLARK having here referred 20 t1e array OF council
on the Governmt ut siCe, the Hon. Ogden Hoffman
explain ed that before Baker was arrested District
Attorney Hall ed bG if he would assist il the Ila.
lie answered tat his engagements at Albany woaid
prevent; and then it was tina, the Governor appointed
Mr.. Whiting to assist; 1t was omihg TO hl'
being by c6ance in the city that Mr. Hoffmin
took the small part he did 10 the tri.l
MI Clark next referred TO Bakers flight explaining
}, by the fact al the ia al shot gwen when none
out his enemies present. He went to Barlow's
ard asked for ba-but was that for coDceament
had lost bis hat 10 The scuf, and was scarcely to
be expected TO want to PICK 1t up amid shower of
bullets. The law closes BAKERS mouth; AID though
the prosecution can prove that Baker fed, no cannot
give in evidence his cecarstion 10 chow WY he fed.
He ran into two public places where he was wei
known, and tells bic story-Du that cannot come into
evioepce for him Anyho g. he tells such story that
Lii sends for a Policeman to protect him. But the
JUICY may speculate. He knew the l,ng imprisonment
a. a common ieOn which, guilty or mo-, awsited him;
he knew the chances of Jury trial; he knew he had
not the to boy needul counsel, aud for the
first time in bis life he eeems to have been fright
ened. j DO not know but he was right when
see what as appeared in this case. he knew that
10 WELD the Of the country for at least Prssiden
al term to whom his con yiciOn would be powerful
engine OF self acv sncement. He had no home vaere
should he go1 He hsd wife, no domestic circle TO
receive, welcome and support hun. This indeed, l
consider the only circums, ance in the that
Quires 10 be explained he himself has made the o0ly
testimony against himself AT the tine he ,hipped in
the Isabella Jewett, Poole not desd. Yet, wers
tis friend, and had he then come to me for ad
vice. considering the desperate character OF the msn
who would sgsins him, and the state of popular
fee il q, don't know but / would have advised him
10 flee In sDy event the flight is consistent With
innocence as guilt Baker has reason TO give
bis explanation. One thing is clear - tle law
holds that fight is evidence Of guilt, but
of wish 10 avoid trial; and j call on this
honorable Court TO charge You that you have
fact OF bis flight In great safeguard have every
tIust-the verdict Of an impartial jury, If the time
ever come when any man. for being Protestant or
Catholic native foreign born, cannot obtain full
aad fair Justice from Jury Of American men, shall
be ready to resign my of American, ard relin-
quish that proud title which the exertions of my own
inme date have helped to rase to the emn
ence it hcos. But that TINE has not yet come Against
my own imIeIfectioDs, or those of the Court, and
against the prosecution tus client in your hands.
And may Heavens best blessings forever descend upon
Won and yours you merit them by the act OF justice
and generosity that in behalf of falsely accused man
DEN and at your hands.
Gentlemen, again thank YOU for the pa lent and
attentive hearing you have given me.
When Mr.. Clark concluded, some expressions Of
applause we're az once epre sed by the officers Of the
Court
A0iou, ned 10 II O'Clock this morniog, when Mr..
Whtrg yin sum up for the prosecution.