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

hcOchougn puts Poole with his hancs behind him,
aid Paugere ttfikiog his face; how could he thea
shoot tie in irott OF him Besides il he was then
firing through bis coat, the lsE would eI ,use him.
seeDg he was 20 attacked. Bot he dill not shoot.
HE four hoes 10 the coat are brought TO prove that
lie hired. No doub. Mr. Dckersons opinion given
wat given with the full belief was correct. Scientific
men often commit n stakes. Lsrdper gave opinion
that ne Atlantic could bever be naviesed By STAN.
OPhiors gwen on scientific theories are often mis-
taken. Mr.. DicksrsOn uade Experiment. with a
Colts pistol but all such experiments regarding the
Explosive foice Of gunpowder are yet very incom ost
hole such IS that III the coat could not a, a short
distance oe mace 80 round and clean. Ifs pis;ol
we've hred from within making this hole where the
ak Of the burning OF the cap at the proper distance
TteIe's more. BY experiment only few shots uuder
acost 90 of. Is possible that Poole at scSed as he
was, woulo have used his pistol covery and quite
openly. Poole 1erer Hts lit lie sallles such
81 procee ding TO gouge out Bakers ey es we're only
INTENDED for snail wiicisms In the Gem affrsy Bs-
her showed sufficient strength to escape o! ali who
nourneo over Poole Lot one cane here Ia say word
III bis favor Let aided In procuring the conviction
OF BasG. III the coat hung the wal, one bal
et cOulo have made tie four holes. Bat clearly the
bolts we're made from the oOt-ide. Lying il said
would u axe an experiment on a cost but he was not
brought back 70 tel the result II vas a. empted TO
be shown that Poole was lefth snced: but all taa.
would prove was that he fired a. the oyster box
There is pocket in the right han1 side, and in
the Other If be fired with the left haad, be must have
put it ia tue r htha5d pocket 70 fire out Of his pocket
We have not produced Mrs Poole to show tins. the
coat ia in the state che got it that nsh.-0e
ere content to soy il is 80. Mr. Whiting enumerated
the several experiments TO sh0w that the holes
were not made by bullets fred from underneath |
How old they know, and who saw, that Poole fired
Who beard tie lo:ioa Is Il - be credited tina. OF
all the men there not one saw hi have pistol aud
fire four shots if such were the facts Mr. Whiting
produced the vest 10 slow thai, fon ole hoe
btii g eighty above the other, Baker must hsve
been urpermcs. Baker got up-Poole got up ard
seized knife. Seized koife while he had pistol
lie hst oba le He seized knife aud sto I'd against
the coor like q drunken man-be fell aud as T.rner
picked him up pis 10 fell from his pocket Whsn they
were down, Baker kneeiDg on one knee, having
Poole down, holding him by his Bsker's left hand,
ard having the pistol in his nght-why old ne no.
say, "Stand back Poole is wounded 2" Toe pistol
of Poo!e rot in allegiance ill O'Clock mex morn
irg, but only till o'clock The pistol with three bar
rels discharged is the only one tina, could have been
PcOle's; but three shots would not make four
roles. What time or opportunity had Co-key
The facts about the handing of The pistol, although
not amounting to absolute certainty, go to support
tie main f4ots in question. You are told Hylef mad
nothing to 90 with it; also Linn and Van Pelt, be,
they went out Suppose it is so, as regards the
latter two, for the purposes of this case But let US
zee about Hyltr. Hyltr lived up sairs; there was
separate entrance Hyler wes in the back room with
Morri:sey drinking. Why did he no. go up stsirs 10
his family when he was done blinking Who was
Hyler afraid of at StsDwix-Hal Was he not on
terms of friendshio with Poole and therefore with his
fIients! Does not loan of 800 between su n men
signify friendship Could Poole De his freDi "a
PoOle's gang bis enemies HoF many of PJole's
gang we've there that Hyer knew of dow was it
that Uyler wanted five men to support him Why
cid Lot Hyer 20 to his own rooms 1t does not
take Elk to see any of you hOmei aud if it did
70 tight into tbs fight Well, they went I'M
ard Pauge1e locked the door, Was thai tie way TO
get Hyler safe up stairs Who said word to Hylsr!
No one; but Immediately all assail Poole with words
= ahnt1 Pal nd pnols do yna
they ale the rest run away. Baker fred into his heart
al the ran away; and then ALL having spare shot
left fire fen de jOie in the street. Mr.. Whiting read
portion of Maguire's testimony ana OF Goodhe ut's
TIE facts demonstrate thai Baker bad been for long
tins prepared to take Pooes life on TIE first occasion,
and curing that time Poole never sought hin nor went
in his way; but he folio we'd Poole and Hyer. Ii we
have brusers and eous ers anorg u.s. 1t because we
have imported them from Europe, l :emsmber
when we were hundred thousand nh sbtan,s
10 this city, and We had none such among u.s.
/ have already occupied more time than intended.
My apology is 10 the importance of the issue. We
have occupied fifteen days in astonishing the truth of
what occurred in less than two hours. We have been
az tel der Of the rights of Baker as If he were the high
est man in the land. life has been sacrlhced-t4ken
without warrant of the law. Reasonable time hos
been given The accused to prepare BIS eause Ad H
ow the question is to be deciced whether you wht
note out iutc to him. or decide on the question OF
pa or alify Woe to the country II you do. HoH long
will our country afford ssy lum to the oppressed II
such be yCur attio Ifoere be man in toe jury box
W
II here be II all The Jury box who has other blood
in bs veins than American, be Is psrIuTer Natural
iZaton is the tray sOrniDg from lrlsniem, and IRON
al ether itms TO American The gen lemsn on the
other soe may smile, but have seen something OF
nobccracy that they have net. have seen mob 1t
my own front door trying 10 bresk 1t in-and the affair
arc e out Of mole trivial cause than this regret
Il learned gentleman appealed to your pre- udlces.
Mr.. Clark did not, Sir, and you ought not to
say
Mr.. Whiting-I ill call attention to some language
of he lean cd gentleman in relation to this mater.
Mr. ClaIk-You know | did not mean to do so.
Mr. Whitjng-That is another matter. Didn't the
gentleman say this man, Poole, vas the hero OF our
American slaughter houses and build an argument
thereon that any man bad right to take him in
profess TO be ss good en- American as my brother
CLARK ard to love NY country as mnch as he, aud,
as said before where liberty dEells there Is my
country, there is your country. The difference
between one man and another arises out Of his
moral character, and Eot the country OF bis
birth But until counsel AVOID the Introduction o.
such matters into Court of Justice as appeals to
the passions of Jurors, we shall have such scenes
SIS have disgraced the trial of this case. Had been
engaged for Baker, l would have done all
that | could 10 save him from your verdict,
but would Let have dragged The lnurdetsd man
from the grave to plunge se.io into his character;
j would not have coIsonmated this double murder
With these remarks, Gentlemen OF tle Jury, believing
you will do your duty 10 your Goa, your coahIry anu
your osbs submit this to your patient and I'M
pIeiudiced consideration believing the community
viii hold you only to that responsibility which tne
truth justifes;
She seeks no vicor's 10
Her path !. oulv toward the sky
Purely che sail the upper air,
Exec sior hsshes from her eye
The Judge then proce:d to charge The jury in tae
following words;
THE JUDGES CHARGE.
90 not propose, gentlemen, going again over The
whole of this case. few Of the views which have
particularly struck my own mind is all that sha
present, rely ing as do upon your recollection for