The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-19

II there was conspiracy to murder Otero, who more
not stranger Ike Gonzaess Counsel went on to argue
that vela was The man, not Gonzales Pellicer told
vea on the night OF the murder TO take car, which
must have been In of previous arrange
ments between them What did Pellicer say TO the
prisoner at the bar on that occasions "Good night
Gonzaies" That there must have been desperate
struggle In the City Park there be doubt and yet
eonzales bears no mark Of violence upon his person.
into the presence OF the dead body OF Oteroa that is
compatible with perfect innocence. In concluding his
address ne argued that the burden Of proof lay with tho
District Attorney Who saw Gonzales ut the place Of
MURDER No one for Phillips does not pretend TO
identify him at Mrs Evans The only testimony that
bring him to Brooklyn that night is the
conductor and he Ia not TO be relied upon Besides this
the witness Ia, on his own confession, thief. And Is
this be hanged the testimony of Their This
Is question for compromised verdict If any OF
the jury entertained reasonable doubt let them not be
dragooneh into verdict or waive their convictions OF
At the conclusion Of Dir Mccues address on behalf Of
the prisoner District Attorney Norris commenced his
summing up for the prosecution. as follows:-He said
the defence had sased in their opening that they
would prove that the money found upon Gonzales had
been borrowed In concert saloon In New York on the
night OF the ed Of November the night Of the murder
OF Otero He would inquire where that proof ss Why
was 4 not produced in the testimony for the defenceS
He ridculed the idea Of stating thing which
did not exist That proof was imaginary, and
me man said to have loaned Gonzales
Of tho prisoner was the gold from the pockets Of his
murdered victim. The for the prisoner had not
proved point which he said he would in his opening
finger at the Barcelona Hotel the blood stains his
clothing were rom the results Of that wouudS Where is
the evidences The statements OF the prisoners counsel
he did not clearly understand when in the FIRST place
they aryued at one time the stains Gonzales pants
were blood and almost IN the next breath they said
they not The counsel on the other side had stated
there was no evidence adduced that the stains
blood stains He would take the Judgment OF the jury
upon that and for them to where those blood
stains originated The counsel seemed to have aban
doned his defence when he appealed to you individually
urging each Juror dragoonsd into verdict and
stating that II verdict Of disagreement were the
result Of trial, that the prisoner could be tried
again Mr. NQrs then rccapplated the facts Of the case
followed a os S% e Ss o
knowing that he had large sum of money in his posses
sion -, was e; ~ that made TIE motive for Gonzales to
little strange to the jury that this friend Of Gonzales
who it is said loaned him money. the night
Could they believe that such man existed
II such a man did exist, would he not
have forward 10 assist the accused in this his hour
of severe tras Where is the girl from the Broadway
concert saloon who going to prove that heard
ths man and Gonzales making the terms for the loan!
: not motive thus esIaTisSsd for Tho muir muir
der, especially when remember that Gonzales had
no money! The three periods in the history Of the
case dwet upon wcre the lea ing Of tho HoeIde Cuba
to tn, tine6f the murder, the fight Of the prisoner
that there friendship felt by Gonzales for Otero
Was thai shown by Gonzales after tho MURDER Did he
friendship felt by Gonzales for otero was tina. Of
Ratsky for Fellner when he murdered him for
money You and Gonzales and Pel!cer visiting each
other; engaged q room in tho house which they
never occupied; but when these twin conspirators
and Joint assassns have finished their work. they find 1t
be required 10 account for Otero with whom they were
seen TO lcave and they take lodging In Centre street
Not only were they frequently secn together and had
changed thor lodgings not only their joint bloody
clothes found in the same ROOM there other evidence
Of a conspiracy between the parties. Take the
evidence OF Tarr Take what occurred IN jail between
Gonzales and his coadjutor Whit meant that caution
sent BY Gonzales 70 Pclicer :-' Mind what you say
ali viii 60 we'll Counsel went on 70 show I'M while h
0tcro was being murdered BY Gonzales Peliccr vea
was at the Hotel de Cuba that the three men at
men leave the hotel together and that the hast seen
Of 0ero DO you doubt thai Gonzales was one Of these
whore the murder committed and the placss whore
the dagger and gloves were found 70 show that the
gloves having 'sn found NEARER to The dead SSdy
Pelcer could have had the dagger In his hands when he
tore on the gloves from his hands abandoned them
not roturn N the Barcelona Hotel tho night Of the
murder Or % soon a. be ,Aa9d of the murderf
murder and from 81 WEDNESDAY night o"s until ~.
turday. he abandons tho hotel. when did ho
intend % return the drafs Whore would be have soas
to get Information the subject OF the murderf We
have shown these 10 be acting together; We have
seen them chan ing their clothes and sppsaance and
crime why take his own Statement Of tho Case and
he Is selfconvctsd man whnt the necessity Of buy
ing new suit Of olotAesf Why this Expenditure Of
closing hts address the District Attorney showed thu
g. prisoner had 20 I. ,ss Ees1 Be naa lsS
mon Mad, and whether when he was making these
Re re- was paying away shs, money Or nS Thsp
pha his leaving tho Barcclo9a Hotel without any cause
s:nS neyer Tcyrnng hTs Again bis r',aniug the drafts
hotel to Inquire for 0,cro tho fact that The weapons were
In possession OF Peccr bis accomplice; his failure
eleven O'Clock the night Of the murder these cir
Gums 70 be taken into consideration when rem
dcring verdict II 1t goes forth unto this community
that the murderer OF Otero has been found tried and
convicted, there rs not man IN the communi-
~ that will not sleep tho sounder from knowledge Of
the fact The District Attorney concluded by solcrnny
urging upon the jury the necessity OF dscharyna their
duty so as TO satisfy their conscierces. "
At the conclusion OF the District Attorneys address
which pied TWO hours and half In " DELIVERY an
nttcmpt made by tho audience applaud but IL was
suppressed when the Judge struck his gayeL
CHARGE OF JUDGE GILBERT.
In charging tho jury Judge Gilbert showed that 4 had
was whether tho murder committed not IN this
case all the surrounding circumstances showed that |
this was murder without any ralIating cIruin- |
stances The only htgnting question ~: who cnumit
ted this acts Il IL impossible for the prosecution 10 pro-
drce direct evldonce OF the commission OF the act The
law does not require In circumstances Of this nature
direct evidence. And this does not conflict at ali with
The duties imposed upon the Jury All they have 10 40
: TO act on The conviction produced In their minds by
lions upon direct evidence on record; the Jsckman
case Is an instance in point The law ADMITS this CIR
evidencc-whlch Is sufficient all the
Jury have To do with In the cridcncs which |
has boon laid before fhcm. What l. The eyidsnce
both sIdesf II Is wholly mmstcrial which on these
conspiracy there w-struck the faai
blow On the Wednesday evening Otcro Gonzales Pei
cer and vea ieft the Hotel do Cnbs On TIA, pont
here from the evidence 10 be no doubt Tho next
step In the ransacon the testimony OF the eonductor
~ the car On the question Of personal dtntity you
ire to exhibit grent carr. Tho Witness IhIllps.
wears positively as 10 the Identity Of these men. |
hat are The other means OF idenlinaliony In the
Inst place there tho gloves OF pelicer Then |
hey md him. with Gonzales, taking lodgings ON |
his day OF tho murder at the Hotel do Cuba and taking
ooms al I'll Centre street at ten O'Clock the same night
Nj these fsct 70 be taken consideration Tbese
azors and this dagger taken from the room Of
'sla .nd fslissJ 4 rSli,ssr wa. there :, would
hat when they ier the Hotel dc Cuba he won't .
o and remained u the ~ Nicholas Hotel untl nine