The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-19
THE DEFENCE A TOTAL FAILURE.
Summing Up OF Counsel ON
y s.1 Both Sides.
VERDIC OF GUILT Y.
&c. DC. &c.


The trial of jose Gonzales Fernandez for the murder
Of Jose Garcia Otero the night OF the ed Of Novem
ber 1885, was continued in this court yesterday The
excitement and interest which have been manifest from
the commencement Of tho trial. judging by the eager
crowds spectators that have throngod the Court House
and vicinity, seemed to be rather increased on this the
last day Of the trial. The large force OF police doing duty
In and about the Court House had their
time fully occupied in keeping order and
keeping the spectators within the bounds
OF propcty and good order Long before the prisoner
was brought down from the Jail nearly two thousand
persons had congregaed front OF the Court House to
see the prisoner as he entered the Court House. When
the prisoner arrived he attended by six policemen
The crowd made no demonstration or outcry the prs
oncr entered the Court House. The court room was
literally filed in every nook and corner spectators and
members OF the bar crowdng around the prisoner
and the counsel both Sides that Gonzales hid
den from all except those immediately near him.
Among tho audience observed many ladies' the fair
not being present any extent during the
days Of the trial Before the proceedings commenced
the Judge very properly addressed himself TO the specta
tors and told them that during the summing up Of coun
sci he prohibited any manifestations OF appreciation and
that the order would be strictly enforced nsrutng the
officers TO take any person in custody and bring them 10
the bar OF the court for contempt
o.es THE DEFENCE.
Dr. Andrew J. wiletts sworn--He was present, on the
day prisoner taken 10 the dead house the
body Of Otero; several gentlemen presentcoroner
Lynch, Captain waddy aud he thought two police
men-one oertanly-and himself and Dr. Cochrane;
It was about noon, very good light in the room;
did not hear Captain waddy's statement; on
tho exposure Of the body before Gonzales the body
was lying in the coffin covered with ice; the
prisoner was brought to the dead-house in a
close carriage handcufed. and as he brought In
Corner Lynch stopped down and removed the ice from
of the face; all witness noticed with regard to the
movements OF Gonzales q shrug OF the shoulders;
his hands we're fastened and he shrugged 80 tshowng
BY gesre when he looked the face OF the body that
all witness noticed peculiar In the prisoners
mcnts; Il did not strike him peculiar at the time 10
him 1t seemed unexcted; Gonzales looked on the body
FAR Is appearance went 10 have been perfectly natural
undr tho circumstances; was present when q gentle
man John Phillips came to the dead house to examine
the body; saw the individual before; thinks he
o. tho gentleman In the court room day, or two
ago; did not SEQ him at the Coroner's inquest; tbs
sandy hair b.tween MY and sixty years Of aSs:
the District Attorneys once; when the man MAJ,
tor, and had entirely removed TIE hair rom tho head
Il was Completely cut on; the body was stripped and
recngnzed tho body almost and said sThss
Il the !" witness asked him how he recognized him,
when the man replied s'Ho was very tall man, much
taller than myself" witness asked him how tall he
was; thinks no said ssFve feet eleven inches" wit
then asked him how tall be thought deceased was
os so, re- nu six n.
surcmcnt think ace could be recognized BY
person well acquainted with him IN fc the
ON the face did not dsngure Il much tho hair
trely cut or the head; the musinche was still re-
naming l ~ ~ w. i
Dr George cochran., recalled 70, tho prosecution
Wncss Is ply stefan and surgeon has been practising
about fourteen years; II person drank whskey upon
entirely empty stomach and should be killed shortly
after Il would be almost impossible 10 detect the smell
OF liquor
Crossexamncd-Hi attention WINS mover caod 10 In
actual practice, out had read OF II In the best works
medical Jurisprudence his opinion formed entirely
on authorities on the subject
Dr. Daniel Ayrcs recalled for the prosecuon--cs said
20 the question Of The District Attorney he did not think
II a. all probable in the ola person drinking whis
key on entirely empty stomach, and killed shortly
Afterwards that the smell Of liquor would be traced tho
fcsslon he had practical knowledge on the subject
nearly all patients before dying have stimuIans admin
isicred ut the latter part OF the disease at the post
morem examinations that take place In some
OF these cnscs this experiment IL tested at ouc.;
he Lad known II repeatedly TO occur when stimu.
Tents are taken before death, and when an
examination Of the stomach made fortyeight hours
Afterwards traces Of the liquor be foand In other
parts Of tho body or brain; these experiments very
often tried by the faculty; II s general rule that
the latter period Of every seasc when the patient is
sinking and will probably die 20 administer stimuans
Crox-cxamined--He generally administers large doses
= =
slider Fix whskey skins very large dose.
Louis fopcz Arcy, Spanish Vice Consul FOR Now York.
rallied and sworn for the dfencc-lfavc the pris.
oner Gonzales AT the Barcelona Hotei him there
number Of days before the murder and very soon after
Mr. Oero came TO the hotel, probably the second day
sftcr remembered the Circumstance OF glass beng
broken ut the hotel there Portuguese gentleman
stopping thcre, and while there tho gentleman had
quarrel with spanish guest; an alteration took place
aud Ia the struggle glass al back Of the sofa upon
which he and Gonzales sat broken the witness and
Gonzales picked up the pieces OF the glass thinks this
rcI n fevv bpf UNA nm
could not swear that Gonzales cut his hand In pick nc
up the glass
numb until after Otero murdered nrst learned Of
hc occurrence from clerk from Mr. De Wits counsel
Edward Farr called for the defcncc-rhe shir. shown
nm yesterday and referred TO belonging 70 Gonzales
8 pciccrs; Just before veia, PeIcer osero and Con.
,cari vea tell PeIi'ccr TO tell him to bring down stairs
sLst he told him and the letter /
Patrick Murray, the next witness testified that he WAS
Ire foreigners there; could not Identity the prisoner \
vhen he saw him Al tho station house; he had then
g whiskers on the forsgne,s a tho Shades had
hose Shades since as to whether those men wero \
'ermans or Spaninrs; have not heard Mr. Phil ps-thc
anything there on the subject M
W. Mccue-I prcpc.e now 70 examine the prisoner
fh6 Court dccidcd tho examination could not be
lowed Ert..r
Al quarter before eleven o'clock Alexander Mcrue
a., aroso TO up ths for the defence. In tho
y gge IN the world outside, he d. the struggle n
nrqcal one but In this court ell stand upon the same
'otng Myself and assoc stes have been assigned by
as Court as counsel for the prisoner duty which We
,u not refuse 70 assume We are here officers Of
iis court without pay here to elicit The truth
nd nothing esc The prisoner At the bar s or the p~o
r. ahd be asks no favor Of the District Attorney but to
the simple facts Of The 80 V the jury That this
ntortntsse gentleman was murdered thev can be no
pnot - to The time when u took place there does APP
rnr 70 be some doubt Gonzales and Psliess went 70
lcif lcdginn In Centre street about ten O'clock, rsA
turnod 10 Tho Hotel Dc Cuba about MAE O'Clock on tho
GIN of the muidsr.. Counsel won't On 70 show The
lpsotabIlty OF pe prisoner Il che bar being the
enc the murder on the night In question. n Con-
- rame over 10 Brooklyn on the nlght In ques,un
IN Pc.IIcef how was thas Peicer bad Gonzalez good
ghty Hesldes this, the car conductoR, Leigh idenu-
" veh, PsHcer and 0toro bcing y lhe ear mot
'nasl~ Ne aiso esuned that vela paid for three
q nos ior four mon. r. sheteofs shres men came g
ero only ne Is no. 'dentined At the house OF Mr. 4
,sns there being srsa! Sncs'..n,y = = ths appear
GO ofthe men who ware there Tanning 10 the question
osee that 0cro had given thsm 70 Gonzalez Tor este