New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-02-23
WMs MURDER OF POLICE-OFFICRR
DUKYEA.
Ehs Trial Csatinuea-The summing Up OIL
Csunsei-Adjeursmen 10 To-Day


years and three months have known Cah since he "s
bhfd, but never spoke 10 him; was about ~ ee ni
Duryeo when he vas shot; there was not very q" -
crowd there at the time; had quick glance ~ t i
u the who fired the shot; at the Coroner
trecognsed Cahiil Immediately swear Positne t;t
cshil Is not the man who shot Daryesi 10 ~ rnbsd
an mistaken in this the assassin "OIo '''
hat with a very wide brim. o. nav, n,
ne face; when saw Cahil at the c0ronvr
Non his hat was off had not seen ann ior proop3
kur Years before the 10th Of Mays the man VINO hreu
hat an umbrella In his hand the plstoi was siNeI
eounted; l think he was smaller anu shsh'ef hi"H
Re.Sirsc,~Saw Duryca raise his club; at that time
had foil view Of the face of the man who lred 'ne
Tr Hsn-Yoa use the word view" Mr. Clinton
Mr. Morroueh counsel for the defense rested hie caS0
Aere. -, ro,b;,c
The District. Attorney stated that he had nothing
hrther TO offer in behalf OF the prosecution
THE SUMMING UP
M Clinton summed up for the defense substantially
- follows; A.. r,o,r, and inrv
n the near approach Of the end of the trial th"r u
kded 10 the importance OF eaplta lrla IN lhe
(which the anxiety and respo,iolty OF In s
D4h.rs engaged in II could not be oyerraed IN tle
testimony 81 some Of the witnesses for The pIosecuol
He word perjury branded III letters oil hIe' anu
be should not be derelict IN tie qscharse Vi us az
- to fail 10 characterize IT, We are AZ lnlvtes
b the preservation of law and In the protection ca
Vho, when are locked In sleep guard US ron .le
attacks Of the thief the burglar and the asSaSShi we
are al interested in the punishment Of the gully ah9
he protection of the innocent, and IN view OF 81 tns'
elk YOU 10 give this your most careful ana
Amortization We are to be guided by the rules o aN
n this trial and yesterday evening was a.
Dnce panied and surprised at the s'ulc-
bent of the Distriet.Attorney that II we
Nd not put Cornell on the stand he should take oeIa
Non TO comment upon a. That course was open 10 ts
District Attorney well as TO US ana II ConneH Cou
testify 70 single fact that would initiate against We
rsoner prosecution that had recourse to tie St"e
Prison and leI loose burglars upon this community 10
Ore our dwellings, 1t may be- perperate
- ny client is charged with-a prosecu.Ion 80 ad
srniols that, would not hesitate 10 employ any anu
kverf means for the purpose OF procurpga
Had The defense placed Cornell on the stand the DIS
kict Attorney would at once say that be was an III
sompetert witness He Cornell IL at this presen'lmo-
Ueut IN custody Es aceOIpice IN this homlche'
TIE next proposition to which shah call your ai,eh
ton is was Cahill present al this murder NJ ait Ms
trecsn has q great motive in this thai; go
knows that the only way her husband can be no
vreted from State Prison is by becoming
Vitness. Aside from the evidence OF Mrs lea whose
motives and objects shall leave you TO determine snd
bat Of Mrs CregaH the only evidence on which 10 con-
Vet the prisoner is the testimony OF the harts Coun
eel then comupn ted the testimony Of these two VII
nc@ses He should not stop 10 Gull ont the deliberate
yiil falsehOOds which are scattered al over thei yes
umony. Harley resPectaDle ana w h 80
hothing whatever OF the shooting and according 70
yell known rule flaw you must exclude from your con
liberation tie evidence OF these TWO inlhno N
Sitnssses Falsus IN unc faisus m omnibus. No
witnesses outside Of the Tombs have sworn ta'
Sohn Cshil is the man who shot Dur!ea.
Counsel the1 reCapituateQ
e other witnesses. MI Dickinson Is the only person
Nho swears that the who fred the shot came out
u the car On the 10th Of May this homicide vas com
pi1ed on the 18th Of the month two DAYS aitef
She occurrence Er Dickinson examined before the
Coroner and then bear what be says when Conne was
nisr arrest Il think the man who fired va. July as
hi asConnell" You have seen the two, Cornell ana
Csnll stand up together, Cornell being six feet one
mel in hight while the prisoner is fully SIX inches
bxor Hart that the prisoner took tie pistol
sut of box while al the other witnesses saJ that b"
kraw the ont hrs
Udsive. The Harts impssched in three modes, any
me Of which IL sufficient 10 strike theI testimony gu,
II case Let call your attention 10 the witness
HaIney. Will the prosecution say that Harvey
not worthy Of belief when he ties
enes that Hart told him that ne knew nothlns
Hart and under that, nothing else. you must strike
IL testimony from the case The prosecution rely on
Barney prove the possession Of the pistol by Cahill;
Il 10 their principal witness and when va bring MIN
brward witness you must attach the same credlt
him, and If you believe him you must disbeieve the
testimony OF Cregsn and Of the Harris and to the
foscluson that said in my opening this is in the
essh language OF the parties, "pnt NJ Job" And,
Ast OF all the testimony Of VIM. Robinson, an honest
ruthfu witness dispOses Of the entire He knew
6oth parties and instantly recognized Cahin when be
NV bin at the COroner's investigation. Noeyewitness
the eleven who were brought forward has testified
st Cshl was the and under these circumstlrc es
Ne evidence OF Robinson appears TO ne to be % such
bAsrser dispose OF tns case al once and forever
70 sum MP the case In few words the testimony OF
Ia pretended witnesses Hart and Cregsn, have
proved TO that You must disregard entirely from
Ae rules of law ~ which have invited your attention
becondly The pretended confederation as 70 outside
matters have shown you Is no corroboraten at all
Thirdly have shown you that all the eyewitness
Who were present or expressed any opinion on the
natter that the prisoner In their Judgment was
Dot the man. Fourthly have proven absolutely by
Robinson, a witness who knew both the parties and
vho consequently the best qualified TO judge. that
NE prisoner was not the man. Filthy have shown
Vou that If any reasonable doubt exists though
had not proved the entire innocence Of the prisoner
which nave. that You are bound 70 give him the bene
1t of that doubt ] feel that have discharged my
luty; have weighed both the Law and the eyleuce
which have carefully analysed and laid before you.
lave dealt fairly and candidy aud frankly with the
~ the prosecution. have commended their testimony
where Il deserved commentator, and stgmalized
wrong and corrupt the infamous testimony which hes
Been exhumed from the Tombs and from the State
Prison. The rules OF law which have invoked in
favor OF this man are those upon which you must rely
for your protection These are not suited TO my
caste would gladly have been excused from defend
ing this man, and would much prefer to leave II 20
shose persons whose tastes and whoss leisure incline
thep t. such more than myself 6ut having been
tetaned for him more than two years ago having then
established bis innocence and having had him honor
ably discharged from custody this charge now that
be pounced upon By set Of thieves fresh from the
Stale Prison. wallowing IN the Tombs, who like
% many vipers clutch at Lis thfoat and try
through the fundamentally Of q court Of law 10
nit " rder and thereby bring infsmy and disgrace
npon the laws Of the country, could not refrain from
Branding up his defender before you prove bis In
eoeence and spread before you the rules Ofaw sppica
BE ~ his and when Won shall have ACQUITTED this
Nsn you must do on the law and evidence and shall
lave been discharged from your duties yOn viii lay
3our head upon your pillow and your hand upon your
heart and say to yourselves that yon have performed
your duty faithfully honestly and we'll and thar the
opds Of justice be furthered by letting an
Zones, man upon corrupt and pertured testimony
TIE Court then took recess Of fifteen minutes. On
Gle reOpenng the DistrctAttorney summed up for the
people. Before commencing his argument be asked
BE Court to instruct the jury On several pOiuts Of
hv.
Mr.. HALLS SUMMING Up.
IN halliday thu nr1sonar a youug took thn life