The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-02-18

ran The t-7s a the N Al although tho rosuh
~ tic ~ lnzs Il lis, yet tbsi s prisnner M
poi .nt,nh nnJi " 10 The result q bis act hen
tseI -nosi.i dSuegari tho above psosumpeon ~
lsv II. In ApyJing hie pr,sumpAon ineJufy,
a,sih tfr~der Dir ininxicshon ~ the pr7rn.t a |
wsh crissd ~. Intoricston 20 he conH4"''
9TH vri 10 ula weight n BE- attached " any 81
prn~Asa a the prisonoT. 10 n he Jury ~ ."''.
p~ Hisones vss intoxicated at The ume ~ VI" 80
uc Jury sNsnh not di uogari that fact.
". t~levlnk usn addrnerci the jury u'oH e'"-
9ueIiily Oh beflili II Do prisoner chii'nlihs hA'
ne inhsnt to ornnii crime VA At.eht RON hls
mind. The offensvs language usod hsl no ms
meaning nkn ordinary greetings. lie cAWn ~
tendon W un fact that doceased was nrTo
fighter, A. vero his father AMI brother, snd pro-
oooioi 81 ensth N review M. Graham's sfdr's''
s,rtAgiy oontendIng INST no motive vh.,ever en-
trl1l for tie fris.urt To kill Lazarus. The theory
submitted ~ A. selgvlok WAS that Lazarus,
having sdvancei to hgh, Prisry, the latter dr'-
the tnii., rii'h came INTO has posTs--ion w &C.
oidoni '.e slated by Capt. HAwes!, and suncs
random blow With IT, lie also claimed NAt ~
appearance ~ The prisoner In public showed su We
consciousness Of tne mmission ~ crime sbd r'u-
soqueD.ly the absence Of intent.
Mr.. Distytc, Attorney Hall then suumsl up 'or
IN. reople.
Hs opopcd by slluding TO the i.c, n . Young
nan who ono sst IN the same place as he prisoner
h-n did, and who six wears NC forfeit~i his hfe
fhs young mans name vD james R0lser- AMI
tbs Law applicable " bis case applicable ." the
prnsent one. Rodgers WAS not - Old a. TIE pris-
nos. He hsd killed man in the street whom he
hAd never seen b<fore, ye, the jury found fA
there VA NAL ce In thn boys mind. II 49, proved
thss Rodgers INTOXICATED. but still The jury
'onnd him guilty. Mr.. Hall then Hllucsd " tho
sv ~ the oaso, and remarked thst the verdict
ssksd 81 the hsnis q the Jury wa, Murder IN
be ars, degree Mr.. Hall then preceded 70 re-
view the details II Ne esse and The address u NC
oonnrel IN The other aide, accepting their Asnmen'
ba fr'ry had fted purpose. He accepted ihh
and that Tired purpose vas t. kili Lazarus A. me
time be struck the blow. Speaking OF Lazarus
pugilist, be said that such man
oovsr csrued pistol. lie would r.,h.r
his own son would grow up man atla
b. use bis hands thsn N be the most srpor, man
- S~ord rol hat ever Lived. He would "a
ny himself he Ike Recorder rAlmsdge--hom he
h-i seen fell an iuftirAied OK in the street with
blow Of bis hst-thAn Ia like the hes, shot In New
Yort, ho Assistant Corporation Counsel, NJ.
Hsckeu. And II ever there was . law passed IN
his STATE 10 prevent the carrying of concealed
-~ponA he mr. HAlg would endeavor 70 have .
Law passssi which would obhge boys at school 10
lesrn the manly art Of aelf-defence. pugiln
~Anrd no pistol he wanted no knhe lie never
goa into . str'et fight hut N he were attacked Ia
dnfondcd himself like man with the ~espons
which God had given him. Speaking Of frery,
-ho Vas believed ignorant and innocent
by The other side he said he Val
Al ls~n in Lazarus place, by hiuging nus1a u
pa Aesnsi the wall, sticking knife In The conn
.nr, and injurng . poor dog. Lazarus would
n~vsr have done thu. lie next called s.tentou "
Tho fAct that Friory was not 90 young looking on
ho day ~ the murder q, he was now, he bIyiny
since shaved ~ his ~hiskers and mousschc. lie
v@ AlHo an lrshman, or Al l,.t Of Irish descent,
houo, ,b.n ou,,. ia We. ala, rhia,n,.L ,nd
~c represented rs . man who could carry ,TcAi
amount OF hqucr, and, acc riding 10 the testimony,
ooahd esaly sleep II OF. Speaking Of TIE prisoner
M, nr,~cu,on n..J ,o, 80 t',l,c, a 49,. a.
ways inferred but " such could to a. much th'
bssinr. He laid no stress upon the contact Of th'
prisnnor W the dog, tut he did lay great stress
mon ube ne, of M. nlungin, an. L,i1, int a,
ANA eount,r ,van,y ,,o,, -. 49, b.. In.
him rbev ..y ,hi. v., ,b. ac, ~ an ,,,"y.rt N.
nray,l hoy hi, h, M U.tn f,,Isi =, 80 49,
10 d,diI .nvysb.,s .lss ", hi ,h.n n,,c..I. a.
" drons in,oric.,ion' md cn,ri'd.d - :,
snnrnl A, IAN o,rocl having occn,i.d ,,o ho,,s
-,
heeoFdsr HOFFMAN men eharge1 the jury to M
following sffeet;
o.-,.,.
v'"uon1n " VIC Jury NY "nV 70 reaponhbi
ISh; Nh " reeve INC iscn oi mo case, anC
- s.Its 70 u ~ Appnosue 70 We case,
uy he sA'utos OF We s'Ae ot New
gu arc 70 .Ako INC case I" shsu lay 3
a. i. ~ suIusu'e ui' mo ,ssP"nsh'hty q
O' rii res. "lh you. me Judge tie'
-. - =, sI'As o. .no nis'o'y ., VIC MURDER AM
upon NC euufnco mat nsd been presente'
- ~. S.-a -. y, 'ne W lnohs' ,oNA'or 'he DO
~. s,cI,na o. ' l1 ing ot 'he mustard pot
sl'iI* " VIC .nho mo INC counter, AID hAl
' sVMenoo On thes scn Was sdmiuot into III
- .Y,.,io - 49, VI enoN'ns 'uo Iuty .he no.
- On uns psr' OF prisoner toward
ho 1880 mo Jury found th'
,.ss go go u n e'luono, OF re'A'ess nfntahi
p~Gn uuinp peAsN or moaning more lhsn n
stn ~ Oh drunken man, they are Of n
ou' you nnu theae Hc's were ey
P-isnAl noeN''y theh yoh VIII md the
NNe AZ important rearing on the case. The
uo' 10 tI~.p4'ulsIen 'ne evidence gwen NJ 1,
p : intohcAuoh and said ON uh qusrtc
49, Sss voc -" Is LAY u down W YOU II
$3.50, ~, snow any previous person.
IuAH~- Hn"usn you may come W that conelu
'ii' Inc lnlerenees athWn ron the eudenc