New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-10-27

| ,c ond tho verdict we expect YOU 20 give on these
ets' Ips and think you viii see when You
know ia history that instead OF ts ease hoing prose
III, n IL n persee utOn We say gentlemen, To You
ttuGd , tbat in addition TO the testimony already
y rycsented We viii show that this man was
H,nn n'o tnat shot that took that life. We will
show that Coopers Jury. not of our seectiona jury
selected by one Of Che COrOnors of this County-haVng
the case and heard all the testimony which
was presented and when the prisoner had not he OPP
counsel and some OF the most important facts affecting
pronounced that jackson used the pistol partially in
seifdeicnse, believing his life to be IN danger. Grand
bill o. not murder In the first degree, hut marsaughter,
IAN Endorsement 81 the action OF the COrones jury In
partially done III selideiense." Having cited again
the yerdie; OF the Coroner jury, The Indictment Tor
passed upon the case. he Inquired Why land
| who had caused ~ the defendant was pui
trial for m,dc on the indictment of Second Grand
july; There an inside pressure out Where itf ne
lcft The jury 10 Judge We siy there IS 'omeo1dy drN
ing t6s poor creature almost into his grave. The coun
sci cha some OF the witnesss before the second
Grand jury as "tools' and degraded 'c4undrels.,
tie casc and he said that time was matter the Jury
must carefully consider hecaase Y was in the time when
fired tina; the jury could that, under he crcum
stances Of the quarrel Jackson had not time topFemed
tate committing murder, but that what he did was mn
der an excitement caused by the scuffe, the words
used m the barroom as he entered II, i ana
and had 10 do so. The man did not
recognize the fact that he got OF the hands Of the
satSf, in thciI own minds that the accused designed
10 effect the death Of the person killed in order TO bring
in verdict OF murder m the first degree. He dd not
think the prosecution IN this would contend that
jackson Eadhad time 20 decide on plenedtailng lnur
der, or hat he premedtaedy designed conmStLg muir
der when he fired the pistol or that he lid not hc te
rcd it, Counsel held hat when an accused did anything
which caused death IN the heat Of passion the act was
maus luehter in the third degree and added that the
Legislature had passed an act recng that where jury
feat that there were other broad initiating cireahl-
stances they coud give verdict OF mansauchter ~ the
fourth degree, the inv OlimtaIy kingo another'
JACKSON On THE STAND.
The first witness called for the defense was Thomas
jackson the prisoner. He pale and nervous, hut
smoke in clear tone, and generally promptly answered
the questions put to linn by Mr. Graham aud by District
Attorney Gavin. He said he ahout "a or IS years OF
age married lad one child, and bad been in this country
number Of years; Of the chambers Of the PISTOL
loaded At tho lime Of t shooting 81 D9ngS-, Dut
week or ten days. ana carried ~ only III he day tnei
appointed an officer IN This Court IN winch ne WIS
now tried me arpGn'men' was maze ny judge Russell
o Wcra Won an officer OF this Court up to the time Of
vojr Imprisonment on this charge! A. Yes. Sir.
q At the time Of the shooting OF Douglass were yon
engaged II getting M procession n was enGaged
getting SION 10 turn oui IN the tlfst ward
q. For what purpose wac the procession A. u was
io the ppose Of seeing which ward could turn on the
Q What meeting was il that to he heldi A. 1t
q. DID You ever turn Out with any Target Company
A On the 27h turned ont with Company bearing the
name az the Thomas Folly Musketecrs.
Q. Had YOU been TO Court rom the time NJ the day
when you turned on anti the day when Douglass was
G. The Court had adjourned" said the counsel, Mr.
Graham, and then lie continued the lnttTos1'oIles
Did You suppose That the Court was in session. A.
O. Where did you live at that times A. On the corner
Of Liberty and Wasbins ioH-sts.
Mr. Grahau.-Co on aud make your statement.
JacksoB-"I started 70 walk M Iihery-s az the cor
Inc where was going; said 20 Court; was then told
there wa no Cour because that registry day while
was gong down Grecnv ich It. me- a gent iemaH
whose name ] canuO, remember, INT think u was MIKE
Lotus think met Lin either near OF on te corner
Of GreenWicL and Liberty and mat " "s re VINO t"
me thcre was no Court; hao uil'A about
ihis iMg b(c4n'e i egn very oo ged; vent n1@
INTO Ing First Dis rlct, and INQUIRED where
should register, stating WhcreI expected TO move on
tie lst oi the month ana wa. ,ou isi i-'to III .n
second District, aud went there and REGISTERED; Oh hG
come down and oin target company belonging 10 MN;
going d0wn Westinghouse. drank iwice; the" drinks
to he the street started 10 20 hoinei on tc way
met Mr. sqSs said 70 bin gs yon sr"VSTy
- bnfI liar and i"afer: he said should NOT fay any
thing Mr. Cody that would not dare say TO his
face: replied tba dare IL 60 his face lac took me
said if Won cay that Tom Codys face tAerc will 1e
fight be row 81 least, aud VIII take hand M men
into Hrainard's and have drink; went a. there;
Mr.. Leaary, Nj Douglas, and ny9SA Mao uiIhA'
By Nr. Graham-You were good friends 4. Yes;
had known Mr. Douglas, between 10 ana y wears We
came ont Of BrinaIds; Mr.. Douglass ana Nj. Ley
\
cody crossed from Battery place toward Nest-sti
when Cody up M Douglass "a d. Here COD herer
a man Who calls yOa liar and thlef; hr. Cpdl' taxing
80 yr,nr for him no talk So fast Mr. COY commenced
talking loud and pushing MI Lealy on" slue, Truck ~
me: the nght commenced then; hr lHaW got hOld Oh
me- 8ro.nd The waist jackson here exhibited how IL
was heidi leaving my right hand free hui my left arm
held FIGHT ny side Mr.. Cody had hold OF me u! the
meek; Mr. Leary struck at some ouI hyc times,
hui hi me only twice l think; he bic the
temple: here Mr.. shine out and he separated rs al
or Mr. Iaar9 / Net5r int Mr Cody bad mlde re-
MARKS AROUND tbe street that had received money ana
PIT !! into NY own pcthct thaI bc was eE.I5'N 20
Tart OF said, answer TO that, That II Pc hat sbd so
he liar ana oaferi soi the none ioi me
purpose OF turning ont the procession Oh the -itthe
q. That was The regular, T9lmmany Hall procession
/ A. Tina wa what they callcdit.
BY request Jackson explained how, during ihe hgh,'
another mans hand hut what il was he did moi know
The blow serious injured his hand that II was some
1 TSt q I'VE weeks before ne '0'o O"'O' Ills SUM '"'
jackson concluded by saying he had surrendered him,
self 70 detective after the shooting OF Douglass bau
On the cross examination Jackson said he had been
squad 70 pre- en prisoners escaping going to and rom
! the Tymbs ana the Courthouse
rare 81 where 'ia you get the P'''0'' A. Won i"
a. How long before this occurrence A should think
O. Did yCa get your order. carry pistol before or
! after the shooting took placeq A Long before that
! G. You loaded The pistol YOURSELF a. No. oH' /
o. Dog't Won know Lo,c il was loaded A. 80, Sir.
O. Do y0l rccO ect whether you took TIM pistol ON On
the street A. think ook IT ont q. was entering he
door of Branig8n's saloon. No., .. e.
q When Won entered Bran CAMS saloon did Won SEE
Brsuigan therc3 A. DO MOI rccoileet seeing 'nyn'N
sir Doua ass. who up toward iue "a" 1v iec"l
cct anybody there some four or ii'e ~ thet.
! o. When you were gong IN the dOOf W lcIe was MI
Douglass A. did not see him until after wa IA
O. How long before when yod frs' saw him amer y9n
altered TIE saloon. AID when you hred' WASH! A 40
I NOT think DO was more than q minute.
q. All WHEN yOu fred WhcLe was Nr. pon-it-s y
II was -tartug ALONGSIDE a. me-; he % 80 'Iui i'I q"
hyc feet frouI WJ-huEt 81 door Lar ""'i "i'
I Op,u. en-. ,,.t,
q. How far was he from yon when me icu A. SHOULD
/ think IL Wa moi more Than three or lOuF lcrl. -
O. Ana when he fell he going toward iAe Washing
/ tOI,-st. do0rt A. No Sir; be was on tue iufi.
Q. How did he fall A ! cannot Say.