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

rnt, then. tragedies such a. this csnno. no.
srsSisex.Ga -,th inpunity Some OF the acson mo-
- snscseS sna IL is for you 70 oeF
vhieh ard to what extent
~. p,.dv rose and said he objected t. the whole
=, .rss AZ assuming as proved certain facts which
-,re denied alfo object, the said) to all the opin-
,.ns EXPRESSED by your Ho-or as your Hoaor is not
Juror. On al matter, Of opinion l appeal to the
ypy. "
Mr.. Bfsdy-i object, for the reasons stated, 70 toe
Whole Of your Hopors charge; ana 10 seVers par
icplars tbervn.
Mr. Bray item made the following exceptions:
To the sta' ement thai three of the Baker par ha1
pstols--it being question whether Pausene had any
To the xords My cid thew leave the City do.ei
upless 10 renew the ball" O6ssted to spscihcally.
To the words, #" Why did Psugepe lo,k the door be:
"bird him. Objected to, there being no evidence Oh
the fact. -
violation Of law objected 10 10 thia case as gvlng
IN unavosable cooclusioa in murder case, to which
To the remark that that was unlawful and sus-
picious visit Objected to- the visit being Lawful.
To the statement that the defense should show VIA.
Baler had been DO ng from to l. Objected TO, as
being such remark as led 70 reversal Of judgment
In The Bsdine
To the statement that all these parties ssw Poole
when the, entered the baize door. Orjeced TO, t1ere
being no eviderce Of the fact, and it beiag extremely
improbable where there were 30 many persons.
70 the statement that Baker heedlessly aud per-
vereely got in the difficulty at the Gen. objected
not obliged TO snt ak out OF 1t because his enemy is
there. Court ssked 90 20 charge
To the statement tina. Baker did nothing till Poole
was shot BY Turner; Objected TO- ii beng IN o0u0'
To the aemert that the testimony OF the witnesses
Tor the prosecution coIresp nded with tne oiog oeca
ration Of Pole. Mr.. Brady objected inst II was oil
recty contrsry Dr. Putnam sid that Poole conveyed
the idea that the shower Of shot was from hts foes
Which wss contrary TO the testimony OF the Witnesses.
To the statement that under ceta,n circunstauc 49,
The csse would be of murder bat pro per one Tor
q recommendation TO mercy Ny client (sa'd Mr.
Brsdy) Of intelligence, eo'hoiHss % 70 cay
that If ibe Jury think he committed murder In this
csse he could lot respect them as men If they gave
such recommendation 10 mercy.
To The statement tina; the burden Of proof OF the
killing being 10 selfdefeDse lay on the defense 90
jectedto. Killing in sel'-defense not being possible
h,po'hesf Fl ON the prosecution. ,
To the remarks about Mitchells and McDonoughs
testimony being Incredible or contrary to the otner
testimony.
elpded u US ask your Honor to charge the Jury
that Poolas statement 70 Dr. Pa na1 IL no psrt OF eg
derce, according 10 any Law here or 10 Europe az
being declaration regarding what the deceased him
self lid. We also except 10 your Honor's remarks
about napslaughter in the second degree being app-
cable to bis case. And foally we object 10 your
horors remarks regarding the counsel Tor the prisoner
hsvirg occupied eight or nine hours in som ng up
evit which II took fifteen days to get and implying
that sine inference hur full TO the prisoners was
TO be drawn rom that fact.
Mr. Clark asked the Judge for copy OF the charge.
in the style in which il bad been delivered.
The Judge addressed the Jury and said that, as he
bso observed they were the exclusive judges OF the
fc be gave biz conclusiors not TO control theJury,
but to aid them in their deliberations. Ii miga. be
that, as TO some pc nts some Misrepresentation might
have occurred the cart OF the Court-for example,
with regard to the first wound received by Poole,
whether was given by Turner or some other AZ TO
points of law IL Is not Ia vfu to visit tipping
house the Sabbath, for the purpose of tiP1ling,
though the repety was comparatively light. Where
the prost cu'ion makes OF self defense the whole
burden Of proof should not be left the defense. As
to whether there could be verdict Of Uanslaughter,
II matter entirely for the Jury. The whole sab
ject Of guilt innocence said Judge is in your
hands, Rentlen en-, altogether; aud in this case l
rear TO adopt the opinion Though il has been called
iD que til n, itill willing il should he applied to
this cast that in of life and oea.h, the Jury
are the judges both of the law and the facts.
The jury retired at 10 minutes after p. m.
COURT OF GENERAL sEssIoys-DEc. l2-Before Re.
This morning, at the OPP ping of the Court; Curt,
Johnson youps indicted for burglary In e thd degree
Sn s cs No. c cnsI'S r.. 1s Is.
October ss end ;ssns nc 20 Of the Court dor
he the entire Gay. evicepee was somewhat conflicting
Jury u.der the charge Of tbs Ctur lc
fr Yeas pihs There three Others undeI ie'
dcn for the burglary but they claim separate ts'
SUPREME CoURr-srEcl.L TExM.-Dec. I2-Bsfors Judge
Jan. NJ H,.i. BY her next end Thom.s Haskell Jr.
Report confirmed, ana decree OF divorce granted
HABEAs CORPUS.
Peter Thompson tho had been arrested and COM
ni,tsd ehS,e Of t 2inE gold ssoh Saoea a. ~
his di.chuse oIo yroumen d'na' ded on the grouod
pnei ally az REGULAR Ia the proceedings The hsbeascT
pIs, we understood, Was dlsnis.ed.
COURT eALsNDAS-THs DAy
IN