New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-01-20
TIE ORANGE COUNTY MURDER.


half an hour before the called The not very
modous room packed by crowd Of eager specta-
| tors.
The first witness called Jesse b. Wilcox who testi-
ned that he Port Jervls the night Of the
DER that at the time 1t happened he was standing in
'front.' Of Reevess Hotel opposite the OF Mr. swiuop;
that he heard some talking in the alley-way, but
could not understand what said; after standing
ihero few minutes he saw some enter the store,
and another person follow him; aiterv ard, he couldn't
tell how long, hc saw some push another man; he
then went nearer the door, and he the raise his
arm as though to strike between tho two about the
time the motion down he heard the noise OF pisto
he heard loud noise in tho store previous to the
The witness then subjected TO rigorous cross
examination concerning his exact position when he saw
The blow motion; whether he stood exactly front OF
the door. Witness that Just about the time the
pistol shot was fired man came across the street and
lOId nm ir SWlnon was shot; couldn't tell who IL was
he went right TO the store and found Mr. SwintOn
lying on the counter The witness further testified that
ne didnt suppose there was any difficulty until he was
told OF it, He was severely questioned TO the
why he didn't suspect some difficulty If he saw any
r. W. Palmer called. and swore that he kept tho
Fowler House in Port Jcrys; that he had known the
prisoner IL or is years. that he the prisoner early
the evening OF the occurrence after he bad returned
from his fishing excursion alluded TO yesterday that
Fellows was very much intoxicated him in
bad CONDITION beiole and hnauy, that he acted very
strangely, and talked In an incoherent manner
Alfred Fellows, the prisoners brother. being recalled
that when he took the pistol from the hands oi the
Coroner was In exactly the same position as at the
Mr. Mlspaugh then offered in evidence the dispositions
which taken upon the inquest and the finding Of
the CoroncTsJury THIS was objected TO by Mr. Winfield,
aud his objection was sustained Mir. Cutterback. Clerk
OF the County was then called and testified as to the
time OF the Ming OF tho record, and the correctness Of
the signatures attached.
This closed The testimony for the defense and the pro-
sccuon called Alvey Hoe. He testified that lie heard
the pistol shot standing at the time in front OF the
that he saw MIR swinon wounded that at the time This
pistol fred he in front Of the store.
nor on the sidewalk; he saw nothing OF man and
little girl gong and coming across the street; did not see
MIR Angel or h, little gri.
charge OF feOw1 after the MURDER that Fellows com
planned OF his being numb, but he saw 10 marks up
on them.
Five witnesses were then examined with reference TO
the occurrence and all swore that there no one with
the crime committed. The evidence then closed. aud
the Court adjourned until o'clock, when the summing
up OF the counsel would commence.
AFTERNOON sEssIoS-sUMMING uP OF COUNSEL.
At o'clock the Court House presented spectacle such
before seen in the little town Of Goshen.
Every available inch Of space occupied and IL
exaggcratiOn 70 say that least 1900 people pres
ent; while upon tue outside large number camored for
admitauCe, which was denied them The bar was com
plecy surrounded and crowded and the sea OF faces
which looked dowh upon inc clrcc WHEREIN was cohicle
all interest bore upon its surface expression OF
i'm fihc ftrn"n a he had been tbpongbout lie trial
during the summing up OF his counsel, the Hon: ID. T.
Gcduey, his countcuance flushed, and he exhibited
strong cUotiou Judge GeluCy, in opening said IL had
never before been his tack g. defend human beng on
trial for lis life. and it was with feelings of
liz pGifni task. He then briefly reviewed
the tTIal, ITS long continuance. aud tho trouble
which had been occasiOued ia obtaining AN unbiased
jury. lie then commented upon tile cruel law Of capital
punishment, which yet remained rs relic Of ar6ar,m
and adyercd TO the excited state OF public opinion which
prevailed lie had been ncXpIc,,bly shocked al the M
humanity Of the reporters present, VINO had Daaey
falsied the truth lie had read their reports In TIC
morning papers and had seen the jury readLg them In
commenting upon the evidence he deprecated the general
the prisoner justified in doing 80 considering ms
business and that he frequently had large sums otmOuey
about him that according 10 ne testimony OF angel
hs daughter. and Jesse b. WAcOM tLlga person had
come up IN the afgqy peyffR LIN D4l Ale&andcr swii
aud he claimed that this blow fell upon the pistol ahd
caused its discharge, which resulted IN 80 avn! cal
tropc In closing he appealed strongly TO the mercy Of
Te summing for the people was then ~ undertaken
TRADE against press saying that the public mind had
been prepared by tho press Tor acqmtal instead ot Tor
conviction. He argued that there was 10 evidence es
taDlshmg the previous good character and ptHceaGc
disposition the prisoner. and dwct upon the cowardly
manner IN which he entered the store OF te Swlhtons
aud with malice IN bis heart committed inc aiEocOus
@ w. a 49,, ,rnreT ,bc cy7Gcncc tending 10 show his
insanity at the time Of the occurrence.
THE CHARGE.
Judge Tappen then charged the jury in substance
follows lie compmented the counsel FOR their faithful
and efficient services during tho trial lie should not
speak TO them In tho eloquent sentences which had not
yet died away but he should speak to them calmly and
plainly which his simple duty. lie briefly related
the circumstances OF The occurrence ana SAID ey would
determine whether. from the evidence, case Of guilt
had made out against the accused ana u thcy ha
doubt they to give him the benefit oil maj DOUBT
and the prisoner then entitled 10 acquttal.
The here read the statutes upon thc question OF
murder. He said there were number OF degrees OF
murder and he described the different kinds. How do
we get the intent Of an ac0ui Tic law says That the
intent is Indicated by the excanaons which the PTS
uttered and the weapons WAlch ne cifleu NJ t,o
time. in order TO atQut the pf.oher Oh mgluer Oh mo
Store was not al Intentional ACT on lo part oI ,o Ia
oner the OF turning round Oh the prisoner ana
sons together two apparently struggling aud the third
striking between them, aud then the pistol shot rms
to the going OF OF the pistol Ihat Is the ohy dsciep
ancy which can observe Fellows dld not tai nntl
lanes Swiuton struck. Fellows did not fail until my
father fell" Did these outside witnesses see me parties
when Swinton, the son, came up ana STRUCK tGnoTs
said ia respect the sidewalk witnesses. that man.
Alvey Hoe testified that no dd not see sncn anSIe
OF drunkenness, lie remarked that tho Ia"
proclaimed that no man should be permitted To- escape
only regard that a. proving inc intcut DtliIuIh
tremens IA the only state OF iuioNcatlon wlch gives
man the plea Of insanity Neither anger nor passion are
the reinforcement Of reason or evidences or Insanity
the glazed or glossy eye OF the defendant he sau ta
that ana not determine insanity for men have their mo
ments of oddly and caprice. Tho law IA not SO absurd
10 say that glazed eye may indicate INSANITY Al
man be ia such condition o. MUD Gs 10 be conscious OF
his act then It II 40 INSANITY Where malice does not
exist the crime becomes hahslduHhtor iho Ia" pr
sunes malice, ana II apcIsou commits an act without
reason the law does not hold HIN responsible
I'm order 10 relieve person from responsibility II must
appear that the man IS Insane. Voluntary dtuDAehhess
Is defense. 80
State Of mental confusion, resulting rom drink. may
be applied Ia the question Of intent or prenediaOn but
not II a deadly weapon IL used. Now, " reason bo 10
stlOyed by liked disease the law does not hold him an
swerabe but II II is by voluntary act that he
deslrOys his THIS mans drunkenness is not IN
sanity In this case II Fellows was insane when ala 40
BECOME sol II lac became when he became sober
then his ntOGcatlOu Is not insanity hcu are bound 70
control her passions and II they allow their passions To
run away with bOD, knowing ITS effect Lhon they are
liable to he full extent Of the law man cOin.tlhs
euch deed must go at large. II he commit !, Ia to
heat OF passion, then 10 10 nabaug htcI III TIC tAd de
gree N NTH malice then 10 u murder IN the first degree
And IA your decision ympaHy bias IS 10 nlefIeIo
with duty on the laws.