The New York herald., 1866-02-23
the BEAVER STREET TRAGEDY.

the BEAVER STREET TRAGEDY.
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Conclusion OF the Trial OF James r. Dram
for the Alleged Murder OF Joseph Van
Dorcn-The Prisoner Discharged
COURT OF OYER AND TERMINER.
Before Judge G. G. Barnard.
FEB 22.-The further hearing Of this case was re-
sumed yesterday. Tho court was crowded. among
the spectators being ladies' including the prison
tired to consider their verdict moved to The
Mayor, John 7. Hoffman, Esq., Judge Russl and other
gentlemen occupied seats on the bench during portion
of the proceedings G
SUMMING UP FOR The DErE SCE.
Mr. James T. Brady summed up the evidence for the
prisoner He spoke in handsome OF the disnter
ested manner In which his learned associate Mr. Shaer
had acted In the case without fee reward. He said
that since the prisoner had been taken into custody his
sister, whose support he had been without any male
protector at hand raveed the lowest parts Of the city
exposed perhaps to tho gaze OF cherous men, to make
sister could perform for brother The learned gen.
leman having stated tho law bearing the crime Of
for some seven or eight years Dram had been in the
p0yment Of Mr.. Van Doren. It not proved that
during that period no had done anything that not
right and proper towards Van Doren. There no
evidence that at the moment they parted they
bad terms But shortly after, Mr. Van Doren actuaed by
q feeling OF hostility more probably by des re
for gan took offence Dram going into business for
himself and into competition with Van Doren, and sent
around circular Offering to do the work for six cents for
which ten used to be charged Ho wanted TO take the
bread out Of Oram's mouth. He (dr. Brady did not
mean 10 say that Van Doren had not perfect right to
per orm the work for six cents or for nothing at all II
he pe1sed bat In fair dealing In business matter he
ought not perhaps to have adopted such The
jury should bear Ia mind the excellent character the
cused had received from those who knew him socially
and In business relations. He (Mr Brady would
slider this matter upon what he should call its Inherent
mprobabiitics On the morning Of tc 10th OF July Mr.
Dram proceeded TO pier No so North river and remained
until twelve O'Clock, when tho men employed there
knocked or work. and thon down Beaver street
III.
Mr.. Bedford said ''thrsting for the blood OF his
victim armed for the occasion 10 assassinate MIR
Van Dorcn in his own house because he had traducsd
him, because ho had tried to take away his Of
life, and send him to eternity unrven. Mr. Dram went
there for proper purpose, and the prosecution must
accept unless they able 10 show the Contrary The
prosecution had proved that the prisoner going
there for lawful purposcto seek an explanation for
the ISLANDERS Van Doren had uttered against him. There
threat avowal in words that he intended to
person who deliberately intended to kill another
Did they want to call Dram assassin and brand that
Infamous name upon hms The idea that an intelligent
American went TO 40 Beaver street, in the middle Of
summer day, armed with pistol 10 murder merchant,
required great stretch Of belief and the commission OF
most men possessed. II Gram was an assassin. why
did he not walk straight into the Office and blow cut
Van Doren' brainsY he was in the oilco for lawful
business and with Van Doren consent The most mys.
erious part OF the transaction that the deceased
had sent his clerk, Mr. Fairbanks, OUT This ain.
cult to understand unless he wanted 10 add violence Of
another character " the injury lie had already inflicted
on Dram Had any human being spoken ono word OF
the sendng out OF Fairbankss When the accused was
brought 70 the station no said he "dd in self
liceman No witness told them that the prisoner was
the person who pointed tho sto at tho breast of Mr.
%ss so.n in mot IL S
he the mgis Of the law held the prisoner to
whom he was sure the jury would do justice.
SUMMING UP OF PROSECUTION.
Mr. Cochrane, exAitorney General summed up on
the part OF the prosecution He said that could
value character too much but character absoved no per-
son from his acts They not trying the prisoner
for his character but for his nca No class OF society
was free from crime The millennium had NOT vet como
However pure exalted and endowed might DO ho
should not boast; no was liable TO fall lie dd mean
to say that where the intent was questioned and tho
were doubtful man might not envelop himself In his
good character But 1t far different
state of facts Crimes like the they were inqur.
They were abounding In this land and chiefly 20
In luxurious cities, where the noise OF riot sounded
sSovs s, o.. hs Sse osess ,urS Having stated that he
sister and mother and reminded the Jury thnt
they were TO have sympathy with justice and truth
learned gentleman laid down the theory THAI went
to Van Dozen to seek from him redress Of grievances
having previously expressed his determination make
him retract what he had said OF him What was Oram,s
state of mind under these circumstances In re ard TO
Van DorenS They would answer thai question when they
considered the facts Tho evidence ptroduc ON ,bc
part OF the defence by their first witness showed that
Dram advised few days before the 10Th OF July TO
seek an explanation of Van Dorcn; and when thcy re-
ton expressed to Mr. Thomas June they would no,
wonder that the OF the 10Th followed on the giving
authorities relatn TO murder and homicide One OF
those authorities stated that homicide would be unjus.
tlablc under the laws OF the State, uuloss 1t
mitted by person who had reasonable apprehension
that there was n dcsrn on tho rart OF another |
10 take life, aud that there imminent danger of
such design being accomplished That was matter for
the jury aud for them 10 ray whether there was
ground for such apprehension From tho |
he Ind quoted hc deemed u abuadanty ap
parent that the proposition legal that The OF
weapon such as PISTOL under the circumstances of this
case, was In tsef o,icnco that Tie intended was
murder unless there other circumstance In the
case which bc die not The Killing OF human being
was not 10 be done on slight grounds There must be
circumstances actual or apparent to justify H. They had
Dram standing up In the Office aud Van Doren sitting
down From this attitude, he would ask them, what |
were they TO infer were the then relations existing be.
tween these parties IL did not appear II they had
been talking Ono chair occupied and the other |
nnoccnpicd- IL to make Van Doren rtyact was |
the object of Grams visit he (Nr Cochranel soid |,
the idea which Dram had was In harmony with hIs In.
tcn,on OF settling The difference or redrcssns injuries
with tho weapons he carried Did not all the evidence
show that when tho parties to the door thcy
,y mere eenehsd' There was pistol between them:
Van Dorsni Mo- tho prisoscr draw IT. Hc tMr. |
Cochanc) told the jury that the evidence Dram
drew the pistol Van Dorcn had right 10 think that no
drew 1t for deadly purpose, and right 20 kick
him, do anything he could 10 defend his life Why
did Dram run away Because he knew ho had killed |
The prisoner except " ~ faI az &c evidence warranted
1iIR JUICES CHARGE
Judge Barnard In charging The jury, said he would
Jury to pass upon He stated the law IN reference 10
murder In Its various degrees and told the jury that
hey had reasonable, wei founded doubt OF the prso-
,ers guilt they should give him the benefit OF H. and
lcqut him
TnR VERDICT
Tho jury retired To consider their vcrd CT and after
bout an hours dcbcratiOn returned Into court with
Icrdlc pronouncins the prisoner guilty OF mansaugh
n the fourth degree.
The prisoner then called up before the Judge who
aid that In consideration OF the time he had been Ia
,rison, ne would now be discharged II within any
rlll al IA IA