The New York herald., 1866-02-22
the BEAVER STREET TRAGEDY.
Trial ~ James n. Dram for the Alleged
! Msrticr or Jose pm Van Doycn-summ mi N Q
Up for the Dcfe tthsony i'm Favor
NJ The Accuand.
coUnr os OYER AS rEnMTNEE.
poro~a r,a1C T.. barnard

CoUGr oR OYER A9 rEEMINEH
Before judge G, q. Barnard.
FEB 2i-The further hesyng of the case Of James y.
Ora who is accused or thJ murder in the first degrees
of Joseph Van Dorcn in s"vor street. In this city, on
the 10Th of July last, Vas resumed yesterday at the
sitting OF the court
Dr. Iudkin was calci cs the part Of The prosecution,
and deposcd that be was family physician to Mr. Van
Doren week borore ht death Mr.. Nan Dorcn's right
wrist was disabled by sserc sprain, that he had to
obtain assistance In cutting his food.
To Mr. Brady-He nccdno have entirely recovered 10
be ablc t. seize a nh both hands; such spran
would take a month to he'd
Tas pfxEScE.
Mr. Chsuncey shaasr aidscssed the jury for the nc.
cuscd He said witness present until the affair
had reached its climax and human being had lost n 4
life He contenacd that the eory the learned coun
eel who opened for the prosecution had failed Taking
tho opening Of the learned COUNCIL tho Jury mus, md
tue prsorcr guilty Tax M the facts they acqut
him The jury could not find IN, prisoner guilty Of ur-
dor IN the rrst degtec Was Me prisoner n man who
dealt In hloodshcd d ralg Had he bcon terror 10 tho
community Had be been known 10 raise an sgqrrsivo
hand against the pehccf Never IIc (Mr Shaffer)
chslensed the friends and enemies cr this young man
f enemies he hsi-p lay tho hands on an act OF vio
encc he had commltcd. He had acted pear ably and
lived In the respect ofthose who knew hiin Hs
fend his innocence against the power Of the Of
the state. Deprived OF father he the only st on
4 which an aged mother leaned Tor s1rport Id
also his sister He laborcd and toilcd, ami
| prayed, BY night and by day, In tho dis
charge Of that high duty. Mirdercrs were not
composed of such stun Tho prisoner went 10 Van Do
rens olce, h. nad right 20 go there. y him
personally In order ipd ce him to retraci certain
furious saneais tba, had been circulated by Van Doren
against tbs young man In the community In which hc
hvcd ths tendency OF which to deprive him OF his
good nao credit and of the very means Of ha
exi.tcpe. He WAS advised by gentleman 30 Van
Dorcn seek explanation and have tho matter stopped
bid 10 go for The vile purpose Of shedding tho
bloy OF hts victrng No he went there induce Mr
Var norcn 20 erase hts slardcrs Thoy engaged In
ths office IN social conversation. When Mr. Fairbanks
VITO was in Nr Van Doren's employment, returned to
We o1ce after transacng some business outside he
nr. Van Dnrcn sitting al the desk and Dram standing
While Mr. Fairbanks out weighing two casks Of
vhskey there the moment for the prisoner u he
had gonc there for bloody yurpose To perpcrao the
rbe ob and the WORT could have been done There
no oyd'nco 10 show that Dram had cv made the sghtrs;
threat anst Mr. Van Doren, or that he had ever had
any quatci with him, been guilty of any SANDER
against blm. He lMr shafcrl put u 10 the jury q
Starting PAINT In the case, and as fact, that down 10 the
moment oA the explosion ~ The pistol no unrlendy act
had over btn comm tied by Dram against Van Dorcn
Who proyet that the prisoner had two pstolsf
| Only Two siNts wercfred BY whom were they ircds
Counsel procNded 90 say that owing the peculiar
turc OF the obstruction OF the chambers Of revolver
u might so W by beng accidentally struck against
something, rlthe ball might fsl out Tho prrc-
cuti0n must Thye that the prisoner shot Van Do
rem with intcns TO take his life They must prove
more than thst. They mast prove that
he shot him vithan intent previously formed to take
his life thee premedilatcd design TO take his hfes
No; there was no MURDER In he FIRST degreeno design
10 kill IL would h trhng human bfc to hold The
accused guilty OF N rider IN the nrst degree Having
adyericd 70 the tine when in this city, owing 70 the
crimes OF rufnans wN went about dealing death with
sung shots, people WIS obliged 10 carry arms on their
persons M shsner Nd that tho prsoner, In order 70
protect hts life got Nense from Mr 0unthcr 70 carry
justice all the inner demanded The rest Of TIE
learned counseis arRuntnt 10 the eject that Van