New-York daily tribune., 1857-09-30
LAW INT ..LIGhNCE.

| La w INT ..AIG-hnC Ch
leAI, OF nICHA .. cASCEHf FOR rue ALI
IrEGEpMURpJ =. Of EUexFr Az FHsoN,
Ixol sr NPs OF ,VtSsgL-ffA ''"'
coraT--SO " W.
Yssts,esy bong sssgned Il ''l" 40 IN 'DS
-. - cssesrp;. the iarecysi So .a wa heightened
- - .,,e..,os.ty athens were unable
n., x;t,g. - sA& were compelled to
ave To- tPseo' .A' "SooA ouoeo
soo..ye&i. Ss,. ID soon sitter, Mr. BLANK
~, s' tbe iva Capcemi, commenced his
srums. witch soner.sss for nearly three hOurs. Be-
"A. ars.T Sea tie .sstimos. which had hsen elected
sansaeesredi i severe terms upon tle acts oil the
kesesmen 0ne had testified in fpe ~ snd "ss'ery
fSe,s, in hs charges Of pei uIv - T.
II Wien Mr.. Blansmsp bsd COZ dr. Ashiheaa'
| &c senior counsel, addressed lanafsument'
,h.ch wa hghy oouiic .ec .eenIus m uaeony,
Iis following ss the legal poi-p tho dosense: -.
lssas % e. 6 SECTION e ss @sifs' q, iSs SyeG SiG
sss uIiss the design to effect the death Of human
st iu ssdei 20 make case of homicide murder within
third Of the act where there dosgn 70
. death. The defendant must have been engaged in the
80 Of th Statute beDs protect tho lives OF the inmates
who might stand the defence Of their property
"A ssTrfcrs where the buicar had lett the premises and
"a no under the second coao Of the Indictment which
Uses Aome;de during the commission OF burglary DO
" osdsr 70 make homicide murder, In person who kills
enbs st.snptng % arrest him. must appear that he hsd
s obsacter In which the officer acted for he had
IA u o4en-, viii amount to granddaughter only and Il tho
ncrsr 9 s1dorson without notice knowledse OF being
one1 he cannot b. convicted OF murder under the trst
. ssStips and another interfere with in,.a. to part
I on Ia an swfn purpose but 40 not splify sucp tent.
Id s tlsd by one q tho combat ants it is bot
ar hs ught think think he came In aid Ot s opPo-
kat Al
Io5ssytn ir the Ct peace officer
TIE Jur u be Ssts6sd not only thst The Circumstance"
~ cs Of ne with the pr-o3rs having
te1 tie act bui they must also be satisfied hs tie facts
rh be cOr,iten with any other rational concn-
|, On tan thai the pri,GnCr the guilty person.
Mr. Ashmead tl,on proceeded to ADDRESS the jury.
|Hs ssd eshou,d deli yer bis reinars not only be-
svpg bis client to be guess OF the charge but that
ks evidence I'D not establish his guIt. lie alluded
|surtry ignorant Of our language, and by ~ uuior-
lrse es n our sts.stes cut OF from Tue lbcfsy
|sh adhsye been accorded to him On tsa n Great
|sis xssd his own counir,mc Beside this he had to
ossnis tbs preadices asens his courymen aud the a.
E L wy T%'e sss .'ss s S% sas S:5s Sss 5es
,e snexeep,Onabc both here and 10 the county Of
|i rsyty His employer too had ndorsed all that said
In fss q Ms Industry and bad announced condeuce
b he 81 bad is him. despite The scenss:,ons that h1d
|l tha ws the kind Of to punss hcadpg into bai'
ss snd mtesl twas lsw OF the human miad tnat the
osd vnp ION high position III the esteem, OF his fellow
|ns without sntecscent scte 70 justify IT, into tie depths oi
Inny improbable, Mr. Ashmead then stated the theory
Ia The dsnse based upon the statement OF the prisoner
|luseN I. was that he was on the coTn-f OF Center
he hssiss gore st that tune the market sscng the
her h. wft vbs instincts Of sn Italian stranger III our coun'
s Ss''s crime ' in 0uI italy 'r:'o !: W" % ao1is. fac,
il. Witnesses 70 woe slwsys segsfded vita suss
Va II tts etSencc viii, his fright Increased ~ e arso
ss1 BY he plJsaers In reviewing the tsstaSuy ae co m
- he rs,.oneS; snd e. - her crod6ly h. .otcnde.
-, y wss 20 be disbclsyOl Her testimony
wa hs. OF calmness ana uth Indeed corfob
|as mary points She sstod TIA, Couccmi arose that
ON, peopies 70 20 TO market. The witness Mira Anol
d positively that sne arose aod heard the nous. Of
csep. NJ samuiss above il precisey by her
ock he argued that according 20 there two sa:enents Of
impossible that the prisoner ood have been the
,son Of The pennies coutred BY the statement of tue
Slsss Romano who having exchanged within three
T previous th:ee or -four dollars worth Of copper.
n Gpt Mathew Louth The iaspicfer AZ TO ms state
Sspy :; 70 the pOin. where be stood Wien tue shot
n, sred in 0fsus street. west of Centre he could not have
& he truth Of bis Eut beside this Lauth in hs
kaoe Sefore Coroner had omitted 70 make statements of
sers which was first brought light trial
though before the Coroner he had stated
y that s knew nethns more Indeed the ability OF wit
sto sve the fu details OF the transaction seemed to In
tse the time at which It occurred became distant The
ssfd girl Am Elizabeth Smith, w,s the mex. waes who
ss the shoetrs, and she was less credible witness any
snsnts Of other wnesses She testified positively to the
p Otwc psTson seiging the man. who shot tor
M vitnesscs there perured hemseves In smother fact,
abe stat. there va, some ason for believing tsa she
the Truth because consistent with all the facts, aud
Me- ydictod. She stated thst after the man
ho sho led ard gct away re ran up Center street
soelt.y of the prisoner with the shot, and if be
ksbbe eoicted il must be upon such testimony a. that
E that which given in rris She there omitted
tse material facts testided 70 by her hcte. The
frf witness WHO testified TO tia shooting. Mr. LsoI
ststsG hsky that he could identity the who
p, fas eenrsel srgucd that mprObsbc that
sofs. after daylight in laorniug and ould i'll the
semg sse he door OF the psce whers he was goiag to
kta ey person Who him. the girl testified
Saving snsyzed the positive evidence in the c.so Nj Ash
Esnss witch relied upoh 10 sscaI the convection OF
/. sou.ea Fist the ,;SeneSt OF tho prisoner, often
in he sAv the shooting, sDd when he ran, seeing himself
asu.d hs knew u once ths. he was an obeci Of
ntsrsly eosld take that occasion dscls h guilt Was
not &C nsissent with tue the That the p..
arutors route IN bis fright to escape his purser' snd threw
e.. % sEsss hin 70 % aoTs more ,Sa %' % th M
ns the pennies st bic own door, these might well h,ve
his pocket he rsn violently ssiH't sne
A. another circumstance Which was relied upon a. most
sioes-ths finding OF The p'.o ne conse .sa 'nal ,ne
lnua via all the facts III the case. great Pcr-
the eveeuce bad been Fabricated ia tue zeal OF sae
1sy ssnesses 10 CONVICTION Vi tits man fne
sIsny 0oer Webb bore the evidences oi pepnfy and
oomped witb the statement. n.1e BY hin octIFc tns
~oncs III, sew would b. co ptd- There he stated thst
ssnolns the OF Elrifsnd Howard streets
nan he running towards MIN. and t2e evidence
s takSn rsd by hiIu aud then ssned with hs own
se Bot here, be came wh statement saying thai he was
the corner Of Crosby SID Howard street. wnen he
~ the prise approseleg-s distant o.l the place
In uasued to himself hy hlrlset When be eNsnnel
te the Coroner the pistol hd been sesdy prodrcci and
nnzsd sEd though this isct u" o knew
slee bad Seep found yet b. hs1 said word nbo
Ma making the gesture OF somsne
@sy 6e brick pile in HoSsi street; rd. de. wac an
eerth0asi and first brOu sh 70 sh upon hs tgs Dd
ot hss Sscreparcies stamp bis Testimony beiuK IN,
'orthy q belief and wh,n Webb's testimony lei,
It, u ~ast Import the finding ol tue pistol
kohes which Dir. AshiGes1 recorded s Important,
sshss the Testimony Webb that although I've states
At he wo on tho corner OF HoSsrd street And BIoAdws,
shen Csbeomi ressed him. M Achey, who the oPP
sos o. sae sstss' mad. no mention OF bis being there