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

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that hsc Poole shot him dead on the ia iit re men
Of those who are csled men OF spuii, whs'evsI 1e
law may be. would have condemned the scr. II TINS
outrage OF Psuseres was In any DEGREE concerted o.
tween him sn0 Baker IL vould oe idle. as i seems TO
me- to pretend that the srbsequeut hi Ing OF Poole oy
Baker wss in self defer Sc The case, IN th1 view,
would be parallel with the Of Ware and the school
teacher il kentrcky The resal: of which received as
it 6eseived, the COZ 6emoaton of eli righ':jadsing
men.
Again, Il Bakers intentions wers peaceful why,
Wien he saw biz companion provoking deadly strife
which be could go essiy have preveoted-why say,
die be rot interfere, espasisiy while he kner that
While lie tm:ef was sober, his compa ion, il MOI.
drunk was a. lesst excited by liquor Add why
when Tuner, sno'her OF his companions, DE and
pointed bis pstt a. Poo.e-Pooe at the tins keeping
bis pistol in his pocket-vhy say, did he not then
ipteri,ie Why, uIless it was that snartiog under
TIE supposed wrongs of Poole on himself aud his
hieIos, be wss rather Wi ing than otherwise III II
Poole should be spi, upon ard slaug hteredi
Snch nolves-lf toey .xsted-ani the conduct
flowing from them, may be ia accordance with the
Iues of savage life. Ia a civilized AMI Christian
community they rever can be tolerated
BE the motives however, wha, they my i is Ger.
tain, on the whole evidence that until Poole hsd re-
c,ved the frst shot-p oceeding, it is alleged from
the pistol of Turner, ana disabling ia measure one of
PoOles lees-Bsser did nothing. Blu, as Is
Poole received that wound aud staggeei forward
snd in falling either seiz d or was seizei by Baser the
action of Baker commenced. Both he aud Poole
4,
tol in bis hand, although il is clear he had one ia his
pocket while Baker had one reny displsyeii and it
is this act Of the drsma-aD set OF but moments
ouratior-that The question OF the guilt or innocence
Of the prisoner $50 far at least respects the charge Of
mniceil depenGs.
II the lea6ing Witnesses the psrt of the prosecu
iioI-eud their testimony is in accordance with the
dying dtclarsiion Of Pooe-if they, say, ace to oe
creditec Baker deIb r.tsy and exultingy, aud with
GU sbscow Of justification or provo ,anon except
the inadmifsitle ne o. long satecedens vrongsh while
Poole was down and suffering under the wound in-
hcted by Turner. shot him 10 the hssr and fled. Is
this version true :
To answer this question we will first give the YER
sion Itself little more 10 detail. Poole then N his
des'hbed, in effect says Baker killed me; Gid not
fire
"Pooe, says Harris, "fe against the wall, draw
irg Bsker on his 9aker'r knee | ran as closely
Gown 10 them ss | could get AID saw the tia'h of
pistol in Bakers hand it YVES within six inches Of
Pooes breast the pistol directed right to PoOe's
bress the left side did not see Poole fire any pi,o
al all did not Zee him have suy
q Mr.. Harris, says Desn, gave as good an iies
Of heir position Poole ana Bakers a. could, only
Baker mig hit have been eaniog with his hand on the
floor; Baker had bis pistol polluted to Pooles breas
il about two or Z rec inches Off saw Baker fire;
before the friIg b. BaSer heard him say will put
an end TO this, or you; be used of these ex
pr,ssons he fred the moment he said tbs
james Ackerson, otter desc binE the position of the
psrties-Poole under aud Baker on one knee-swesrs
/ u
"psto at bis breast
sbay's statement is thst Baker, "pntiug pistol
40 Lis Poole 81 breast, said guess III take you,
go ssyto@, and fired right down 10 his breast, aud
chat Poole N bis SHAY e Judgment, did not fire al
" all that night
jacob Ackerson, brother of James swesrs be saw
Poole and Baker "A /; Poole was down, and Baker
over him. on one kLse; 81 saw the tls.h of pistol
bet seen Baker and Poole, Ii ,ker tired it; saw a
"psto 10 Bakers hand; saw none in Poole's; Boxer
he'll he q pODle'g when
Ied."
Here are not OILY two or three Jour law alm of
one but witassses directly to the fact Is their
We sion tIue2 Does IL overlook nothing, suppress
Icthpg and color nothing, material 70 fair and just
im pre- ssion Of the actual nee Ifso-wnatever
might be the judgment of fighting men-he ofense 10
tie eve of the law am compelled TO say, would be
murcer-a murder, | &C nit as TO the punishment OF
which jury might very naturally des re - effec, and
mis- ht very properly recommend tn ths executive mag
isIete to grant suitable mitigation; but OF which,
nevertheless, would be their duty 10 pronouocs the
party guilty leaving the exercise OF the cesred ceui-
ency tn 1t branch Of the Government to which, and
to wbo alone in such caso, it oonstitntionaliy be
loD63.
10 tie fact of the siliog of Poole by Baker is
scarcely, II at all, eiPuted We may assume that fact
law in msoiaie y throEs the burden of proof OF any
a. eyed justification OH the accused
Has the accused then, IN this Gaze given such proof
or can from all the evidence fairly iGftr-tnAt he
selfc eftnse snd no. from a reckless dlrgard of hu
II ar life or in revenge or satisfaction of aztec sdsnt
wIopgs1 Mitchell, uho, although called ~ a witness
BY tie prose cuOn, s not uniisnd 10 tue &C }uset
gives a nsrraive OF the STAIR oltieri somewhat In
it's tencency from that OF toe other WI nesses, and
mai ing it cut that not only Poole and Baker, but
Lozier also, q broIbet-iL.laE Of Poole were down
Together. He says, however, that "a soon a. these
three fell the c,mpsuy closed around them, ana ne
as Turner bad fired-which was the first shot, as al
asree-beng behind the counter, at tae end tow Ard
Broadway, immo oiatey ran 10 the bsck room, and
from there say Turner, whose arm had been cd 81
tered by his own ball, aud who had fallen In cose-
quepce of the wound, cfasliog to yard the door on
bis hands anc knees. tchel therefore, part OF the
time, must have ten with his back toward the
parties, end When he turned TO look must have been
cisaIt from them about tory feet If no. moe, the
main saocn being about fifty feet 10 length. His op
portuI tiles of vision consequently were too imperfect
TO allow his testimony on the main point 10 question %
outg oigb or even materially 10 weaken, the direct
eyiderc e OF the other witnesses Ard tue same re-
marx in erea, degree is applicable to he acc ouat
given by the 6eIendeurs witness, McDon)1sb.
" Wien looked out of the closet, says NcD0noush,
" | saw Baker Ae floor, under Poole, and Shay aud
"AcheTson stan X lear, and al OF them firing AS
McDonougb, it STEMS was ia the act OF easlng
Turner'S fsll-ghch WAS immeoistey upon the drst
sho,-aDd Try ing wi hOut effect, 10 get bis pistol from
bin, bal, cred probably by Psugens, passed by
bis ear" and incuced him to fly from tie danger
AT the time, say lie, "the ball came 30 close look
to the closet."
McDoLoueh. therefore, ike Mitchell mus', for a
few moments, have had his back TO the sceae, aud
when he turned and looked from bis place of retreat
must have seen more less imperf city, and as he
states also, through a cloud of smeke.
As 10 Eozier he admits tina. he struck Bsker with
his fist but says the blow given while Is iker WAS
on or over Poole. He himself however, having
almost INN edietey received shot 10 the head from
gone unknown hard became insensibe or al least IN
a very confused state OF mind, and incapable oil ur-
ther observation.
From this brief review-and il is unnecessary to de-
tain you with further Details which your memory VIII
n, snrrlx-xnu will perceize that there Il no