New-York daily tribune., 1866-02-22
TEE HEAVER-sT. TRAGEDY.
Close of The Testimony i'm the Case
sumrnin. up of Counsel Tc- Day.

Yesterday in the Court of Oyer and Tcrmlner,
befo:e the Hon George g. Barnard, was concluded the
examination Of witnesses in the trial OF james l.
Dram for the murder Of Joseph Van DoTan and to-day
will he occupied bv the counsel for the prosecution aud
defense IN summing up the case.
On TCsumng the case Yesterday morning tbe prose
cntion called as last witness DR. Ludkin tie family
phy siean of Mr. Van Doran, who testified that week
before his death his wrist was disabled by severe
spran, that bis food had TO be Gu, ny DIS son
witness on cross.e1amnation said he need not have
entirely recovered from tne spran 10 be able 20 sel]e
man with both hands.
The prosecution rested here
Mr.. sHAFFEKs ARGUMENT.
The Hon Chauncey Shafer then opened the case for
the defeDse.
He spoke of the prisoner being the support Of sister
and widowed mOthor-sucb men are not murdcrers OF
the necessity Of the times compc ling Dram 20 start IN
business tor himself that tue prisoner was sandered
by the deceased and his means OF living thereby endan
gered that he had the right 10 go 10 the oeceaseds
Office; that he went there 10 obtain the retraciion oi
ISLANDERS against hin. IT is rot the slnndercd who bear
bate it the slanderer The prisoner was gong out
Of town that afternoon Tie prisoner was there half al
hour down 10 almost the last minute Of that lai hour
there seems 10 have neen anger on the prisoners
part Did the jury believe that Dram bad gone there
with an intention Of shedding blOOdf II ne had, the
shots would not have been delayed half an hour; they
would have been heard the minute after he was m face
Of the deceased
tic fact that the hole in the plaster was found IN the
Office of Van DOran and the account given by Mali
and With regard 70 the pistols he argued that there
was no proof that the revolver two barrels Of which
were DISCHARGED Orams Tie other pistol was but
q mere apology for pistol But supposing that both
were hs. At that time, when murder was waking
about the streets openly, the most respectable men
carried arms. The prisoner had License IRON The
Mayor TO carry pistol lie was going out in the
country. Who then went IN the country without his
pistols If he had them.
But as the case al present stands il appeared that the
prisoner was justified in bis act. II the deceased
strong and powerful man. sprung on the prisoner ana
81. he. 4gf,t Itfn
stairs endangering his life, IL was time for Dram 10
shoot No has the night 10 even insuliiney order
another ont Of hs house still less 10 force linn ont en-
dangering his life. Besides Van DOran was at that time
endeayOrilg perpetrate double mayhem The hand
seeking for the eye TO deprive hun OF sight and the bit
ten thulDb and the phrases Il II fix Il ~ finish
Won showed what he was seeking. The prisoner was
not only justified but bound 10 defend his life and limbs
by al means In his power.
TESTIMONY FOR THE DEFENSE
Jnes Tourued was tLen called Il witness FOR the
defense lie testified shat Dram bad been IN Van
DOrah's employment ecveTal years; Van D0Tan came
b witness asd told him Dram had collected some money
for him and kept H. and asked me rot TO give my ork
10 Or0m; be also sent circuar Offering 10 ghIQe
at cents ipstead Of 10; be used 10 ek against Mr.
Grams Character told 0ran Of the Conversations /
i"---.'"" . - n.m 10 go and SEQ Mr Van Doran and
have az explanation with hin, and II possible, to get
him 10 withdraw his statemeltsi he (Oram) was gen
orally tboueht very nice and honest young fellow
never heard anything about his character for pedce
spoken about especially.
r.G i
TO Dram that Mr.. Van Doran had made these state.
Henry Hughes testified thar be had known Dram
three four years bis character as to peaceableness
To Mr. Cocbrane-Hc had heard down town
speak Of bis bein6 very quiet young man
John McCoo uhe Registrar, gave him high char
To M Cochrnne--I never heard his quarrelsomeness
spoken Of
Nolf. ~ Ia nIs lig
peace and quietness.
John Waters brought the permit book from the May.
ors Office containing permit dated Aprii 7. 1861 TO
Dram. 10 carry revolver for his protection.
To Mr. Cochran-I cannot say that l was present
when Mr.. Dram applied for this permit this is true
copy made BY me.
Henry A Steel-Had seen Dram with revolver like
tho shown he wanted to sell it TO witness; witness
had heard tia. Van Doran spreading reports about
Dram and had told 1t to Dram.
70 Mir COehran-I told him on the ih Of July on the
Staten Island boat told him had heard he was say
ing he a thief and dishonest in business, sc.
the pistol was shown me afterwaId the 4th loaned
him mine; he said the revolver friends.
Philip NJ Mspaugh--had received circular from
Mr.. Van DOran in reference 10 gaugng; Mr.. Van
Doran spoke to me about Mr. Grams leaving; asked
him why be had left; if IL was not because he had
promised him share Of the business about the lst Of
NAV and that his failure 10 do so had mace him leave
he said that there had been talk about It, but no
promise; said that If they did Onr business rightly
should probably continue IT to Dram; Mr.. Grams char
acer was good
10 Mr. COohrane-l told the conversation to Dram.
WIN. a. IyleI-Mr. Dram has sold liquors for me
he ALWAYS gave Inc tho money he collected
|it his character was good; Mr. Van Doran told me
he did not think he could keep his premises the land
lord complaining that things were taken from the
premises; 1 demonstrated with him for saying such
things.
lie Court here took recess.
AFTER RECESS.
Adolphus L. Fowley aud several other witnesses
gave testimony as to the good character and standing
OF the defendant.
Mr. Maitland one OF the witnesses produced by the
prosecution. recalled. and testihed that ho had
heard the words "yon id scoundrel." or you'd
thief used before and after the firing Of the pistol
~ Mr. C0shIspe-Ue Fas positive VI tlls, aud RpoD