The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-14

Of the reputation Of Logan not very agreeable
one.
THE DEFENCE RESTS.
AZ the conclusion OF Inis testimony the defenct
In reply to the Court District Attorney Garvin said
ne had no rebuttlng testimony 10 offer.
Mr. Bartlett Ssn 70 sum M the case FOR
the defence. he MAY u please the Court, gen.
emen o. the jury as high as Is the appreciation Ia
this community OF the learning and ability and the
conscicntlOusness which your Honor brings to the
discharge 81 ysur judicial duties, It ID yet natural
and inevitable that re sAould have q peculiarly
deep and profound appreciation sfthe valne OF these
qualities In . which, like the present involves
jury, the prisoner availing himself Of the privilege
which, under just and righteous law OF this state,
dis own jurors we nave chosen you to pass upon
the question Of HIS guilt or innocence with CONT
dence, frem The intelligence OF your countenances
from the reputation we knew you to possess IN the
community, aud we feel that we can rely upon you
for sale and honest verdict. We did, there ore IN
the beginning OF this defence congratulate ourselves
tnat we were before your Homer ana Deoie the
Intelligent ana, am safe In saying, upright
%ry 10 d ses
in the thirty minutes recess which has been taken,
with the bamy air and rare beauty OF THIS day; for
was palmier day, Tor 1t was In the bamy month OF
roses--June, the iirst month OF the summer which
or congress as cur own blesminx June--it was
twenty-siy years and half ago when a young
pressed for the first time to her flowing bosom her
beautiful newborn baby. she pressed 1t to her
bosom with that love which comes win an instinct
stronger than all reasoning stronger than all learn
iDg-an instinct which God implanLs IN The heart or
every mother. As ne grew III years 1t became his
duIy 70 go forth into the world To support the
widowed mother who mad given him Dirth to en-
counter the rough seas OF human experience, and
that same God VINO Implanted In the heart sf his
mCther The instinct 10 preserve hun in mis- infancy
and helplessneSs implanted IN his broad and manly
CHEST another instinct, no less divine and
no less essential TO the preservation OF our Species
the ms met OF sel-0eience, without winch ana IN
the absence OF which no man Is nothing bur a
40 x.tgn yurd
After speaking orleIy on the history OF the pris
oner counsel c0ntinued:-Now, gentlemeR, In bring
ing this case before you, with the lie 81 this man in
HANDS, we come pelsre you erect ana beid, asking
at your hands the triumphant deliyerance OF our
client OH the ground that ns homicide Is not merely
eXcusabe but juatihabe; that IL was an oct OF duty
10 hlsiset The counsel referred t. the Nathan and
Rogers murder, and asked who wcud not have re-
joIced mad the victims OF those murders been able
TO defend hnseyes at the cost OF the assassins life.
Counsel then went TO review the testimony
and on resuming ms seat
THE PROSECUTION SUMS UP.
District Attorney Garyia then proceeded to ad-
dress The jury. He said:-May IT please the Court,
gentlemen OF the Jury, IL Is no pleasant task for any
man 10 discourage the duty which has already been
DISCHARGED By The counsel Tor the prisoner. Ills
probably, VIM never be able TO realize.
In this case, ike all Others. the prosecution
killed Tpat has 10 be established by evidence incon-
troyertibe ana evidence that cannot be gainsayed
by anything said by the prisoner In his defence. We
have made out that part OF our case, and we, wheR
that Is done, have taken long step towards making
cut the charge maze against the prisoner. And
wnen we have satisfied You on that part Of the
charge then Ii ID Tor the prisoner to show why ne
took the life of human beng. The District AttOr.
ney tncn commented on the Rogers case, and said
that the Judgment Day when everything connected
with that horriDe murder should be revealed, Inc
charge thereof would never be laid at the door 81
Logan No. 2. With respect TO
THE MURDER or Mr.. NATHAN
il is not for nae to say here what know about that
S me 81 hope and aaa q
the day VIII come when the red right arm OF justice
will syertaka that assassin and brng him into this
court ROOM that he Will be sentenced, and that
mol tar from this place we shall see 1lm hanging UP
on gallows to eXpiate the offence which IN the
midnight hour he committed.
Counsel, after reviewing the testimony, concluded
With an earnest appeal TO the jury that they would
perform their duty, and by so doing CHECK the arm
Of the midnight assassin and strengthen that Of the
Law In bringing criminals to That punishment which
not only their own crimes demanded. but the pre-
servatlen OF the good order and peace vi inc COM
munlty so imperatlyely required.
JUDGE CARDOZO'S CHARGE TO TEE JURY.
Judge CardoZo then addressed the jury. he said
The counsel Tor the prisoner has submitted to rae
list OF requests to charge, and 1 now
charge them. The first is That the benefit OF
doubt, whether homicide Is ustinaoe or not, Is 10
he given TO the prisoner; and If upon ali the evil
deuce doupt has been raised ana exists In tho
minds Of the jury as TO whether homicide is justi-
liable not, 1t IL their duty 10 render verdict OF
not guilty Second, that when one who with
and kills his assaant If the circumstances be such
as TO furnish reasonable ground for apprcnendinx
design 10 take away his life or 70 40 him some
danger Imminent the homicide is iustilabIe,
although s may turn out that there was in TACT no
Third that II the Jury can say that at The umc OF
the lilllug the prisoner might reasonably and did
actually believe mat the ony way 10 protect himself
great bodily harm, was TO shoot the deceased Logan,
then they have right 10 say. and should say, that
the prisoner acted III sefdeIence, and they cannot
mud him guilty oil murder or mansaughter. snail
not detain yen long, gentlemen, IN presenting
this case 10 you, Tor / shall not cemment on
i l
PROBABLY convey 10 yon my Judgment
or IT'S effects and might thereby influence your de-
cison, winch nave neither the rght nor the wish
TO 90, because the verdict which you have to rem
DER IS 10 be yours, not niue, ana yeu and not are
Responsible Tor IL. leave TO you, 10 whom IL eXclu
svely belongs, 10 review the testimony ana deter
mime for yourselves the facts ST the case. SO also
TO YOU belongs he credIsility OF the witnesses.
You Will consider al the witnesses airy: such
tncy are trying II you can to reconcile their evil
dence; but, railing TO do that, it viii be for you TO
say 20 whlci cf them, and 10 what extent you wilt
give credit under al The circumstances surrounding
Them, their previous lives, their manner on the
stano, Their opportunity of seeing what occurred
ana such like matters receiving such consideration
as you may think proper. Ny duty will have been
fuzzy discharged wben shall have given yeu BREEZY,
ana in very general way, the substance OF the the
cries Of the case as presented ny the prosecution
ana the prisoner anu give you The law governing
those theories leaving you TO say which OF them i
the true version OF thus occurrence. ] shall
neither pretend to give u IN detail nor quote all
that the Witnesses said, but simply 10 present q
general view OF the prosecution charge. 1t Is bound
10 prove that on che Stu day OF January, 1870 the
"
shot Wound at the hands OF the prisoner, and that
IA consequence OF tnat wound he dleu the 9Th OF
January. This Is not disputed by the prisoner and
undoubtedly tie evidence You will Hnd il to be
the truth The prosecution insists chat that killing
was murder, and that presents the important ques-
tion winch you are 10 determine. Before you can
convict the prisoner of murier you must be satisfied
from the evidence, net ouiy that Dunn shot Logan,
but thar he dtd SO from a premeditaUed design 10
Kill MIN; but that generalization need not have
existed Tor any particular length OF tiIne and II
you believe that that design was entertained by
q IN No
before he fred the fatal shot, that will 10
sufficient to sustain the charge oil generalization.
tho Court theD went on TO review the theories re-
sscclivcg presented BY the prosecution and defence.
Theory Or THE PROSECUTION.
In closing tle synopsis OF the District Attorneys
theory Judge Csrd0zo contiD ded:-if you beieve
that when the shot was fired Dunn intended 10 Kill
Logan, ans dd not believe aud had no reasonable
ground TO believe his own body life in great
ger, then the killing 81 James Logan by Jeremiah
Uunn was murder In the first degree, and you
should not hesitate to say so. And mere may say
% sou tnat except as connected with the point Of