New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-28
yrom Our Own Reporter.

Prom Our Own Reporter
In the conduct of the trial the counsel for the de-
fen.e have in my Judgment, had greatly the advantage
Of their opponents and have only been fair in calling
atten ton to the points which they made, every day
for their client Mr.. Grahan's opening speech has
been subjected to much and, as think, undeserved
criticism. Its English could, doubtless, have been
improved its rhetoric chastened, its eKaggerations
toned down. to advantage but critics should remem-
Der wi at is easy to forget thnt speeches the most
effective in delivery are often unsatisfactory TO the
reader and that Jury oftweve ordinary men, six OF
whom are crocers in small way not likely to es
tin an address them by the OF pure taste
Ihave heard Mr.. Rufus Choate himself raise laugh
throughout the courtroom by the turgidy of SEN
t.pce which the jury swallowed without moving q
muscle. The skiful advocate talks to the men IN
the box alone, and graduates himself, Willingly or
unwittingly, to their capacity Nor does 1t follow
from the fact that we in other sections of the country
hesitate to indorse Mr.. Grahams homily the text
"Fraiity thy name is woman that therefore its
delivery was an error in Washington, where different
notions obtain. The logic of the speech, for which,
az have heretofore iutimated all the counsel en-
gagged for the demonstrating, | presume, Mr..
Reverdy johnson, who has been consulted through
out--are responsible, has been justified in the
progress Of the cause.
The defense could not safely copfns itself to SIN
gle hypothesis but il for its interest 10 raise and
urge the merits Of all hypothesis by which necessary
evidence might be forced in and the prisoner cleared
Consequently, The opening was designed to throw
out icelers in this direction and in that. As to the
propriety Of introducing much Scripture into q
legal argument, II is sufficient TO say TINT the
Judge who ~ well several Jurors, is a strict Pres
byte-ian, noted down every citation. Ii was, in a
word the policy OF the defense TO strengthen their
case which upon strict law surely very weak, IN
every possible way and at every possible point The
same policy has been pursued to the end. The
legality Of evidence oAeScd urged in argument by
Of tsie counsel pp1a ground, by another upon
another ground, entirely distinct and sometimes CON
Trajectory Of the positions assumed by his associate.
Who could tell with which of the tive Judge Craw-
ford would eoincide' Try hm with all so, too, the
prayers for instructions TO the Jury 90 far neon
rstent that the adoption OF some Of them by the
Court would render others nugatory but the sdop'
ton Of only two might it was hoped, be snSh
cent to insure aoquitts In this regard the course
Of the defense demanded by the erigeDcies Of
their case as respects the law, and the not
unusual course OF counsel in dealing with Jury.
Indeed, advocates are, as l understand il, distp-
guished into two classes according they fierce a
single theory Of the upon the psnel-whch IL Mr.
ChOae's usual method-or urge several hypoth e-es,
each Of which, il is contesded is more in conSouauoe
With the evidsnoe than that Of their opponents In