The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-13

Trial of Louis Baker for the HOnicidc OF
william Poole ar. Writings Address for
the PeopIe-The Judges Chargc-Non Agree
ment or the Jury.
COUNT or OYER AND TERMINER.
Hon. Judge Roosevelt PRECEDING.

ment or the Jury.
COUNT or OYER AND rERMISER.
Hon. Judge Roosevelt PRECEDING.
DEC. 12-The court opened ut IL O'Clock A. NJ Every
available spot in this very nconvenient court was
occupied by eagerly interested auditory attracted no
doubt, BY the knowledge Of the fact that Mr. Whiting
would address the jury In behalf Of the prosecution.
Baker appeared pretty much usual, though he GER
tainIy seemed somewhat noved during portions Of Mr.
Writings eloquent remarks.
As the jury had taken their seats Mr.. Whiting
arose and said MAY it please the CourtOn the morn
Ing of the 9th OF Februa last William POOLE at Stan
wx Hail. received two updsone IN the leg the other
in the breast the ball perorating tho heart On the
1h Of March, shrouded by the stars and stripes Of his
country he placed in his sin-he borne from
his house the grave he left behind him widow aud
child Thousands OF his fellow citizens followed that life
less body and teemng husa ds lined the streets through
morning rs 3his-an nature Was at peace. fhus he
died-shus was buried the body OF William Poole. Il
this fitting day fbr the contempa ion Of the question
how he by his DEATH il IL lifting day for TO
inquire BY whose hand that death wound inflicted
and under what cicums,anccsS We here TO ad-
minister jusNce--not vergesnce- And, gentlemen if
should be here swayed by an earnesness which il
times mistaken for resentment, let the audience under
stand that this no place for tue exhibition Of either
admiration or applause, but that IL IA temple of JUS
tice and that when the living God nisters here the
whole earth should be sicst" Aide by the truth-if
the truth shall convince you-you will 20 with me into
examination the evidence in this case. II you
establish that TRUTH you will reject all in
fuence and pronounce The evieoce shall direct you
Then public justice viii be satisfactorily administered
and there will be neither violation Of the law vio
aon Of the oahs OF cnnsciences Of an honest jury But
that truth by undue influence has not Its convincing
'enect upon your mind, then you viii not only have
violated your oaths, you win have strangled
Justice ramped trut beneath feet, and permitted
the guilty TO 20 unwhipped Truth is not always per-
cepble at first glance; 1t is often Obliged TO struggle
with error It Is however for The urT TO scratiuze the
whole Of evidence presented TO them: they
error; and when they have done that-when they shall
have proved that trnththen they arc TO apply that
truth to the matter submitted to their consideration
Gentlemen do not propose to follow my learned oppo
nent in the various WEDDINGS ana places and arguments
pose n call your attention briefly a. to the ev
dence In the and ask your calm c,nsiderate
attention to that evidence, and that you will pronounce
fuch verict ~ the evidence you 10 do The
prisoner selected you to give him safe deverance and
the community In which you live gave him right to
make that selection. He trusted yon his part and
chat community trusted you theirs Would you
them afford 10 that community the hum ating spectacl
OF jury, Who from passion prejudice, failed to do
their dufywho failed to administer justice fearessyg
Every man in the community, and particularly
such .,,. an enc v as ours has deep and nd, mpo,-
1t has ceased to be question between Baker and
pubic justice-it bas become question of life and
whether We are to be governed by laws whether
may prow about streets at all hours of ths night
engaged in drunken brawl reeling from ppng shop to
fpIng shop, then take the vea of unoendng men and
afterwards come into court Of justice ana badger the
court and the Witnesses and by raising false issues bad
ger patient jury 1t conepded by the counsel for
The prisoner that every man has right to carry ar,s
But do not propose 10 discuss that question
matter OF law however as question Of morals applca
bic TO good and peace ul citizen deny that right Talk
aDout carrying weapons for protection! Have wa not
iawsy DO we not live Ia community where those laws
can DC administered Am OBJ ICED ABOUT the streets
With belt around my waist stock fall Of pistols and
bowie-hnives, that peacoable gentleman Mr. Turner,
vas sc;usoIea % 80 e dor such wsapons are carried and
" They not carried for defence by means:
but self defence the for the homicide which
ensue when the passion the interest Of those ruans
prompt them to use their deadly weapons But will
admit that Baker might carry pistol, and carry 1t
for self defence but he be held very strict ac
countabty for the which no Of It, The other
side say test Poole carr led Ye he did and staui
not here AZ h apoogt tor having done 1t. Ijusy and
excuse no man for carving pistols and bowie knives and
while accord with the doctfne OF my lear ned friend
the other side that Goi has given every the right
OF self defence, hold hat he must defend himself with
the instruments which God has given him. add
new element q protection the creation Of the ingenuity
OF man 81 long he desires to be considered decent
and useful member Of society After further re-
marks in this strain Mr.. W. went say that the
prisoner at the bar not satised with having taken
Pcole's life, but he needs come into court and
through his counsel seek TO snatch away what little
character he had left TO hs widow and tltheress child
Whatever pcoe had done or sad in regard To Baker on
former occaMons bad nothing to do With what occurred
upon the night Of the sray at 5anwIx Hail. these
all side issues ngeni1usiy introduced by the learned
attention Of the jury nom main aud vital issue in
the good deal OF allusion had been IN .de to
Poole aA an American; he was denoninated ny the
American fighter" and be was stgmatised
being such abandoned proaigate that il was the
duty Of almost any man to shsot MIN down But how
abandoned proagatc the learned counsel might
deem Poole to be he never up the time Of his death
entertained an idea TO abandon his country ana place
his foot upon another soil According the counsel on
the other side, the prisoner sabe, mild pleasant
gentleman: he was policeman; he was In ,upation
the outy OF which was 20 protect czensno to assai
them. Well while Ia that employSnen he tho
ganion Of Turner, tho bravothe brigaod-the outlaw
troyersy with Hyer n, matter which Of them was right
he Mr. W. only ALLUDED to the fact TO show that Baker
vas thus associated They followed Hyer from lafayette
Hall to Platts, and annexed him with PISTOLS but ne
though armed, took their weapons from them, and
tented himscl-with raniness that became the Amer
character thro ling ono them In this
and another In that Manifestations of applause which
were promptly checked BY the officers in attendance)
Hyer instead OF appearing 70 his pistol fired It at the
wall saying, "Do you how easily could take your
lives gentlemen lie said he would not do 40.
would he make use o. the means which God had
given HIM TO crush them 10 the earth. No, he
the mild and peaceable Mr. Biker. Did he wait for
trial of that IND icnen boeore he attacked the life Of
another many Not a. all The counse for the prisoner
said IL was awfnl thing to contemplate Death Did
Baker contemplate seath that night he went to stan
wfx HAlf Did he soasemp plate death shen he commit
ted tha deed Of sod upon that Sabbath morning when
the whole of city wrapped In peaceful snmoefy
Would that be had content pla ed death And what was
death The separation OF The soul from the body But
what came after deaih IL tho judgment; and the
nttle Of life that remained TO them aimon he'd them
responded to the demands Justice would they be
Judged hereafter and ~ would be truly fearful coad
on In which 10 J before the Great Judge hAI they the
stain of broken oaihs thsh souls packesing them
to perdition Did Baker know n fearful thing
contemplate death, when without reason, justihcstion
provocatinn, he spe his bue. to the Of his
tim and sent the unfortunate Poole anannosn oil un
annesed 10 meet his Makel7 Th= learned counsel then
paseed 70 examn nation ~ ne evidence mmediate
ly connected with tho of the fatal night
He referred 10 the fact II Baker bug Lng when the
came that Poole aud Aorri-say had dii sal
" al Stapvix Hall, and then touched upon
Baker's hnniiug up Turner. He held that Baker hal
nothing 20 do with the d,ficuty between Poole aud
Moriiseey-the latter tri send the message 20 bim
bat TO fiug. lie had business up 10 Stauwx Hall be
knew that his enemy there; but 20 hs would, and
therefore he wanted Turner, VINO Ore eater, to
company When Tuner sent tor he Old not want
yo-he told the bar keeper 20 any he not In he
rected there ging 70 be trouble at Stanwix Hall
N tact h- language proved It. tr h. observed OF the
time ~ IN difficulty and 10 not want 20 get into
anotner; that wac, he ia difficulty by attempting
10 take Hyefs life DID not wi-h gei into another
by trying 70 take the life of Poole The eloquent
se tfen In exceedingly catning terms advered to the
encounter between Poole ami aorrs.ey at stan wiz Hall
On that occasion he conderei that Mor. .sey certainly
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