The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-10-27

length and with predictions emphasis OF lungs,
stamping down the points when he vas interrupted
by lie Recorder, who stated that IL vas not neces-
sary for him to 60 any further quoting the rever-ou
OF avetdlct BY Juuge 1ngrshsm, ON the ground that
IT was not necessary to nome all the conditions ne.
ce,sary 10 cause death when the main causes were
given.
Mr.. GRAHAM SAID:
May II please your Honor, that case docs not sp-
ply. II you viii permit me, will send for tile book.
care not whether this case goes before jury or
not Tor We have emssculaed the prosecution by the
evidence OF Brannigan which proves that the eyi.
dence OF Yesterdays witnesses were perjuries. lie
thea went into the case quoted by the Recorder
and considerable discussion took place upon the
I.gal points as TO What degree OF accuracy In tue
count was temanded Mr. Graham urged the point
ted all q knowledge which Bccea'ary tor ac-
carscy and that the facts which had been proved By
me prosecution were not sufficient 70 show that
tue wound occasloned BY the bullet the Of
death. The indielmen. presented BY tie Grand
to BE tried, and other.
Mr. Haeketl oyerruled the instructions, however,
and Mr.. Graham took an exception.
OPENING roR rHE pETEScx.
Mr.. William f. Kin zing addressed the Court and
me jury Tor the defence, claiming taat the prosecu
ton ~as in effect Ter ecution, aud that the slIo,
,Ied BY the prisoner MSS justified ever shot VAS
He brought forward the fact that In the Coronet's
Jay, though the prisoner had no power TO present
defence, the verdict rendered that Jackson fred
mcnced, cross eIa mination had wited the evidence
In so remarkable degree that even without de.
fierce 1t had been in the power OF COUNSEL 10
eegent reasons for tue prisoners acquittai. The
GRIND Jury had presented q bill for man slaughter
but BY process which he would moi examine, an
eut-1de pressure, . something which could not be
analysed, some one had Knocked at the door OF the
Grand Jury. and 10 and behold an Indictment for
The witnesses who stated on me Coroner's In.
guest that Douglas held Jackson while Leary beat
lornn had withheld this fact on the direct eIamna.
ton, though their eyijencs on the Coroners Jury
was read to them. IL was by means OF this perjury
that indictment for murder had been presented.
What were the tact, Jackson and Douglas ere
friends the! never bad AM angry words !oaether,
he9fted, Trspe table witness Who attempted TO
drown Mr N.ttindale, Vas the cause Of the biool'
| sheU. He had circulated some report against the
.oJd Character OF Jackson, WhO so ma zel him as
LIAR AND LoAFsR.
| Coiy was passing ami Douglas called. and Jackscu
uscl ian. uage ia reference to him ich scd
| lie ry. and ten and there attacked ana btutalJ
lea the prisoner atue bar. Then and there only he
drew the pistol iOr the purpc'e Of scltdeence. to
| preserve BIN sganst the attacks of t.ese ruilns
| TIE witness for tue prosrcutUn, Mr.. Albertson,
| gnve evidence that tire Whole afrsy only occupied
very short nne Two minutes, pefhap- three. The
| pcrjur,d Witnesses Lcary and IIsora claim i've
or Tx or seven. Bat no respect can Be had for the
testimony OF men VINO are convicted Iials an Der.
jurets by their own testimony delivered on tie Cor.
oncr's iquest Time Ma- the greatest element in
ts.s matter, Tor the umc WAS s7ou Niti1ted all
| he stories which the same perjured witnesses had
| .Nen OF dodging about the doors Nv Jackson AMI
Douglas, The real truth was, that Jackson vas pur.
| suel by Dou ,las, not Dougl,s by Jack .On.
Tie witnes ~. were hen called Tor the defence by
Mr. Grclam' who stated tha, he had bat few. and
/
| tie Court adjourned.
TuE STORY OF THE ACCUSED
| The first witness called was Thomas Jackson, who
| testiued in his own behalf IA follows:
Wa. SosS /. Gis %: sd
.wo yesrs N this country on the morning Of this &C.
ici S5sd ".s mo, eeiy Isd .sst s,;,5l for .es$
SSss had carried g,so! for Better than year =.
ssp.is'. sS.Ss,an y he ls.s saaSs Ra..e
i,std 70 me WA sSsas d in sSsisIng w.rd t ces
Fol- o. toe I'm 'SfSsS sus WITH he fSisy Ssse
,eei.; tSsst causes pfeventSa ms RON .ppsarihg a,
coaS ed s sJSs1ac e. md Sy aS%f
fsSs. Of Lio'Ty 5aa S''qsss int NJ aeos
&c. % ,..'p where .tSgld 6 ;s,sr' mad novel
| w51a J5,n a tarr., eIca.s,oa, and We Stepped IL
I'll sf PTS apa net ''f P Ssh. si'i
sas: 's:,s Ss 'Is'f fas,
an sSsasintanee Win CODY who Wa lar And . -
6i nI ter. sss You'd SfIs n md
S%s %sI lS;s.yca .Gnf rfop NJ, fSI WIZ
nsas Sos ~ 'ecrs 70 nc s1's Va. s'st a
al, he rersus cl me- 30 vent, an Leiy wa. there
wi't Taadi 'alo. '''''N ~ ''''1 "''"
CODY HlrPrp OUT BIG oArs,
nS r S"S %1n sGo 81. =: os H.. r"tGGs sS
b. the hro, AID Isy a AZ ' .Sy SHS' ity ba
| n only sirucG me twics the oystc-mta .ni some
sSdsr PSSss vi; ., tE' re s s 20. Co5 q ye
soI ni NV +hn aotEer my s comm need SG
don'' ,n9E Tea! ,haPGsSed tIc9 Iat ~ pl.5ol wp
ins me but OF so ~ounding some one as TO ave my.
las, bat AGAIN, codv Icr circulating 4feToti
Ia! hsAL!to ristcd aad, Seiiee;sa of tie Ts-u'g
| nw' d1nt Aeos h9w AZ ppenc out 4 mist h.y.
| OFT 10 hit some one showed It 10 Dr., 5 ne an /
70 otheI' 4 va a. IN. weeA, uSlo's eopd button n.
ie% am e be ~ %s s oaosS aal
ed 10 eeny Sas ordered To carry gi'tll by Capt
Gross exam ned-I won that pistol att rar,e two OF
hrae weeks be ore To- occur ence receiv dlnstfnt
WON'T; NV ,lcsqea i0g re by Joh3 puaan; l d !
Go see I eSgd sSs so MIN into S w
| heard them shout
KILL rnk BIG suS oFAB-,
and 50 drew 9ee mere our OF fye 10 "rso 9q
z "a B1tgry E'.ee a9Gr the.e was S S on on d
so. I've ~ you aoW," md put my rs. np.
he ran snpnt 9nr feet iom he door MG ch wa, oa,n'
| nc Ieil sn..ward went out and gave myself UPS
c s hSow ola b. sr ne VEr ID p SSr
any remsIks m3 e ave those have glgsn nogs' ;
ne was go ng to be followed by crowd out, &c j
aad was honestly 10 fear OF my life.
| JAS. NuLHERs TESTIFIED;
tsg, !as S.ie, ,,aGd a. the place Of the ARRAY and
s iS Or n" ,s sss o hSw s M al OF
them saw the chnch Douglas. Cody, Jackson, and
Leary were clnchedi TOOK Leary away; jack on
oe against all three asked certain man to 100 4
ihmc; he said no. let him act IL !" that klty
| Jackson was 10 ct e from tue parties there :
| l. Try, Doug ~. aud Cody; TOOK Le.Iy n 4
The corner wIeIe dropped n m AMI while was con.
ng back heard the shot here the wltncss showed the
nos ton q The sLugge In Che dlAgramli nerd no
| sAyiug, GIVE IL 70 the biz tou Of b" Dut Riley
| sad. No ieI them give II TO him." " Let lin got
| NJ, Jachs VS. eNcistd with LIQUOR he I'd drink
| " N me iut ncforr.
| Crosse famine The ne OF The wbole business wa,
UctEeen are, aud Ave nj cas- Gid not the
| ne cencnt, nus tlw lcIrY an JACKSON WrHnglng
aud bIrg ~ Jumped tor nm Ahd Cody, who stan !.
| ~ .ym .tmd, tang a aims, against thgm c4ug
! hold % LcAry, am rau nm round tn corn r.
Kcdlrtct eNaningtion-li ian Lcaiy round the corner
| some twenty-five feet, ard Eoint hGcG To- any sAui
| walked with HIM; hes bigger man than me 50
could not run htm bur walked away ith hun tl,n
| came right to MY stand.
| THE STORY or CARLO RE-ToLD.
James hA-ilndale stned-i reslde In 81 and ~ wan
tueet am Janltor OF the bank there's LnoN todY
| my sorrow.
Mr. GTaIhni-l DT duce this testimony to show That
| Gods l. desperato character, who attempted u s
| name life by drownlngi ktow that the same pOwu
W.Cl .ushlng Jackson iltO Ills gave projected tins
| m n Cody from Inc consequences OF his brutal act
keCoIdeT-Go on, sir.