New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-12

n III
upon questions OF law, there Is no redress h ne oh
chance Ia 10 ask pardon of the crown ana TINS - aue
matter OF favor that which belongs 10 tne acouSeu
An b ssie his Exceency the present Governor in
several messages knowing the necessity Tor II 10y reason
OF his experience as urlSi, Nh s RESPECT shoud be
changed He has asked that law DC enacted giving tne
General Terms and the court ri III for murder and II The
Court think the jury came 10 an eTIoneous cpncuso,
ny , a., 81 I'll cases TO grant a trial. But
Legislature was occupieu Win otner matters that
IN the law Of personal liberty and the Recommendation
Of the Governor has feh e vo mail '
that YOU err against the prisoner as to question OF
fact no power earth correct that act There was
a case m Troy of a named Thompson who was con-
viced by jury OF murder In the second degree Inc
conld not be In the second degree But the Court
of Appeals declared that no appeal could be taken rom
General Term The conviction affirmed and the
man is serving term in State prison Of the state
English standard, and exceptions may be taken
TO the rulings of the court. II. Therefore
TO 90 the jury shall commit an error against the pr
oner he has redress But II upon the great OF
If you decide against him. he has no chance whateveror
Ire only hope SG @ ToSe Of the
trial All the leanings OF the law are on the side OF h
manity Every step that has been taken by reform
I'm criminal practice been In favor of the prisoner
aud these reforms have been Of salutary description
LAW WITHOUT VENGEANCE.
deny the proposition made Dy one OF lne
associated with the orney that the law is an
intellectual entity destitute OF humanity The law has
no vengeance. vengeance is mine, saith the Lord"
But the law its humanity ever has leaned ana ever
will in every civilized community In favor OF , he
prisoner When you look back you see all along the
pathway OF the history of criminal Jurisprudence what
great concessions have been made on the sde OF G
aud humanity BY the common law OF bnganu, ~ Ene
given the prisoner 10 eaSS But when
} our forefathers in England foresaw that the
Judge more likely to be counsel iV Th tno
mat every man have right to counsel, and to have
public trial by jury Of his peers PREVIOUSLY suen irs
prisoner mad not opportunity to confront ms ac
cusers crossexamine the witnesses aPpeahg &
lie trial the right counsel the right TO trial by jury,
cnTrecfed Inv superior tribunal and last but not least
within last few years the most mpOftahtflgn. Vi ~,
stand, 10 swear him. and let him tell his story. This
Is the most important OF all, and why Because II you
take up books on the lawpf evidence you VIII nnu
multitudes of cases collected showing the dangers
| of circuInstantial eyidence-cases where a man a
| crime charged that he was convicted. pad
| lock was placed by law on his lips. lie was not
nermitted 10 he sworn Circumstances afteward after
| he had suffered DEATH proved him an innocent man:
the danger of crcumstantial evidence But when the
prisoner Is allowed 20 testify In regard TO IT, there
hv And this very concession the side Of the
prisoner because the law contains the pr0NO bat he
him is 10 he drawn from that. The establishment of the
charge lays strength Of the case upon the part OF te
bpsr the prisoner he guilty it is the most fearful
deal which lac can be subjected Inc jury are ever on
inc alert 10 Judge from his disposition ana demeanor
aud while always careful to consider eydehes OF 0
est timidty will be quick TO discover whether OF 1ot US
appearance such TO commend hn as truthtcihB
| --'" THE PRISONERS DAY A REFORMED COURT.
single preliminary remark before shall proceed to
the discussion OF this case There two for
the gratitude and satisfaction which experience Ia
entering upon the discussion Of this great question The
first is that the prisoner at last has his day In Court"
man his day in Court before he judged. That day
has come and until this trial began the prisoner has not
for it, But now at last he is enabled to appear, sur
rounded by his friends ami aided 10y his COUNSEL before
| a Jury OF his country to present his defense
Another is the great changes which aye been
affected since the 9th Of January, winch inspfepem
that We are before Court which VIII ACT Ju'utldiy
Look at the history Of the legislation for tue past Two
years You hnd that the Erie Ring, VITA winch the de-
ceased was 80 intimately identified, ana OI which lie was
the right held possession OF the awnhhlng poWsr
! Tne Ciassifcation bin, tie Tanmary Ring in Now-York
who in many instances had subsidized the press bu.
| the time came when the people demanded reform, and
men OF ali political parties forward aud decIed
mat this state Of things should not exist He eul0gzed
the OF Charles OConor IN fnrtherance o. the Re
form movement The reform went on. FISK FELL the dis
rupon OF the Erie Ring followed the others associated
| repeal Of the Erie Classification bill
| MURDER IN FIRST DEGREE
| Mr. Tremain asked Mr.. McKeJn to read the iniict-
| ment. which was done.
| Mr. TreInain resumed-YOu VIII perceive, therefore,
! gentleman that under that indictment the issue
presented the prosecution Is bound to maintain the
affirmative Of that issue as 10 establish The aega
tons contained in the indictment. that nom the wound
he died The charge against the prisoner In that indc
menL the charge Of murder, murder in the first de-
prenedated design affect his death by the inictoL
Of a mortal wound OF winch James Fisk, jr, died AZ
tn stage of the discussion snail read 10 you the dell
milton OF murder In the hst ana second degrees as the
Alter defining the different degrees OF murder and Of
homicide, Mr. Tremain said: IL Is not claimed That FISK
was engaged in the preparation of homicide felony,
y. y
engaged IN any oheuse, was III the attempt 10 shoot
us aud II you come The conclusion that Fisk had
pistol and engaged in the preparation OF the crime
firing pistol at making preparation to, you can
come other conclusion than that 1t was justifabe
homicide, and you have no right 10 give any other.
You have the physical power and no Court can interfere
with you hut tell you, as asked the Court to charge,
that you have no night to 1nd him guilty under such
state OF facts II the jury should come TO the c9ncq-
sion that TINS was done without design TO effect death,
and that not Of justfable homicide and the
death was the result Of that wound, they have the
power upon these facts to IND him guilty OF man
slaughter In the third degree on the prisoners test-
mony when sanIs ncU yes Cn m &
conclusion that the prisoner insane or that 1t was
OF JustihaDle homicde-a general verdict Of not
GROSS MALPRACTICE CHARGED.
Murder, then, gentlemen, which is the charge made
against this prisoner, may be thus defined 1t is the
killing the intentional killing, OF human being by the
innicton Of a wound causing death, without jusnabe
cause, by person Of sound mind memory and discre-
tiOn. shall proceed 10 discuss the question whether
this wound inflicted by prisoner caused the death OF
James Fisk, jr was the wound OF which lie died ON the
6 ha the Psa leaves
to whether he did then die OF that wound. IL
Is not enough for the prosecution 10 show that he had
wound OF which ne might have died week after 1t IS
enough for the prosecution TO satisfy you that the
| chances against his recovery. 1t Is incuIn-
| bent upon them to prove In the language OF the
| Indictment that the wound mortal and
that James Fisk, r died Of that wound the morning
OF the 9TH Of January IL 1t turns out that death may
have been caused through some other agencyf by NAL
practice or from the joint agency Of malpractice and the
wound caused death that day the prisoner be
convicted II this prisoner fired pistol wfully and
felOnOusy at the deceased and the latter wounded
by that pistol Of the prisoner is liable for
he ia lab for de he