New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-09

the Judiciary and that I'm consequence the prisoner
cure Justice. II we show that the deceased had APP
piled to the courts TO obtain an injunction to take away
the property Of the prisoner II this was followed
up by suit after suit against him, tying NJ i. m
MP In every shape and form, aud that deceased re-
all means legal and Illegal, for the purpose OF
depriving him of his rights and then are eOle 10
follow II up by that proof OF threats pufss Ss ed an Of
which known to the prisoner from his C vCn
Honor 20 decide what proof we shall ofer Are We 70
he stopped hereare we 10 be arrested anu cohtoneu
thai formation Which shall enable US TO establish the
theory OF Insanity submit that PROOF OF tne puS
denco Of insanity. think, also, should he allowed
show that this prisoner knew the fact that MI fisk
tanned the most yindictive feelings against hlm'
SPEECH OF MR.. BEACH.
Mr.. Beach, rising for the first time to address tne
Court spoke follows. with grace and eloquence OF
delivery which enchained the attention of the crowd Tor
half an hour: In all where this issue has been
presented TO the jury the point of departure
has been to prove at the time Of the alleged criminal
act some indications of disturbed mental conotioh'
would be- course inadmssibe that person accused
of o crime, upon the mere suggestion OF dlsturoeu
mental state should be allowed 10 prove his own acts an
tecedent 10 the crime itself Is there any possible pre-
tense upon which it be asserted that TINS prisoner Az
the time of this fatal act was la6oTlng u99er any ]
deusiOnl Is there any proof from the last NiIhess
who the last man who had an interview Win nln
disturbed mind-tnat there was any hallucinatOnl On
the contrary, he goes TO TINS act perfectly cOol anu;
= NNNA~ N-NN-NN~
In answer 10 tho remarks in regard 10 the corrupt Judi
oary, allow say that my friend is altogether mis-
taken his idea Of the course OF TINS prisoner III
enough 10 say that neither OF the gations between
Fisk and stokes was before either Of the judges charged
with nal conduct. This idea Of corrupt judiciary nav
lag red promote the purposes OF Fisk IN ms
htzai0ns with this prisoner. is entirely Incorrect IL
sens 70 me mat these nS1 G a 1d aToeons
caumnee uttered against the dead MI FISK, are in-
uv and fo Interfere with the course Of justice knew
the faults and the fobes of the man who Is In his grave
am know also that he was man OF large heart ana
there are men who treasure him to-day In spite OF
the assaults OF THIS defense, and have no shame IN
uttcung tins justification Of him here when he cahnOt
Trc tbr d,t a most uninstifiable assault was made
upon gentleman who at your HOnor's feet at the
desk. who was paraded man 70 be denounced ne,
his patron Fisk Is there such thing as pub
lie justice and public bar and the sentiment whch up
because, IN thenterest Of ITS administration We appea.
in aid Of the and TO ascertain the truth
accustomed. Sir, to be called bloodhound-i
am accustomed be told that my hand Is stained
the prosecution and to sustain these rights tell the
gentleman that stand here with as good authority as
his own, and to as high duty and as long
discharge that duty am not to be told that l am
one word In regard to this evidence of threats do
not deny that under proper conditions ~ competent
for the defense to prove that the deceased of VIC
lent dangerous and malignant disposition and in certain
conditions this evidence is admissible but the settled
doctrine of the Court Of Appeals is that this evidence
cannot be admitted until foundation has been laid;
there must be circumstances that raise the ques-
tlOn in regard to the danger OF the murderer
he must show there was danger OF these
threats being carried eutCl, apu inere was Ted-
sonabe ground 10 believe that he stood in imminent
peril of his life limb [The counsel here read from
said lit is conceded that the evidence only proper
case wherein IT is shown that there was assault
committed threatened upon the prisoner and doubt
created whether the homicide was Perpetrated from
malice, or in selidefense The act OF the deceased at
able presumption of danger that the threats about
10 he carried ont upon the prsonerl In this case there
is pretense that the deceased was in contentious
mood Why Sir, il would be one OF the most atrocious
propositions the administration of criminal justice if
who Kills Justify himself by proving thdt ne
distrusted the temper or purpose OF the man he
Is the reconciliation which the law requires
The counsel here quoted from the case OF The People
agt Sullivan, TO show that where person is engaged IN
deadly combat exposed to danger before he can kill his
adversary selfdefense it is his duty to retreat and
contInued-Howeyer humiating 1t may be TO the pride
of man. the law does not allow him TO attack the life OF
from the night Grant that this prisoner knew Fisk to
be adversary and that he had uttered threats what
Gagged and Trapped he stood at the bottom Of these
stairs half way bound to stand ana aKe b sS @Se4
when he turned the angle OF that hall and saw his We
Judge IngTaham said he was sorry to interrupt, but
this did not to be pertinent to the question before
Mr.. Beach was endeavoring to satisfy your Honor
that there no such oundaton as warranted the pro
posed evidence Of the defensethe proof is ample OF
prcmeditated intent, and there no need for self
defense. The prisoner found Mr.. Fisk wholly at his
mercy and instead OF recalling his threats and quarrels
ask is that within the spirit OF the law that who
thus deliberately Stays his adversary can justify It
enemyi Five steps backward, If he feared, and
his enemy was out Of sight and he o1t Of danger
questions of the admlssiby OF proof II is said by
the hinge from the gates Of proof But are there any
rules OF evidence by which hearsay coneetures and
such ike ought 10 be admitted Rules have been esab
shed by the wisdom and experience OF the pas which
protect alike the accused and the people who pursue
Your Honor has been asked 10 administer these rules in
mercy and in charity. When before did your Honor
OF Justice SfS 1 to adniser the law in meTGy WHY
Sir. the law Is pure ana passloness intel
SSar HS Tf 9TS DO fac an h Se By 4ff
Justice any regard TO those softer and perhaps
dxed-immutable and do not understand what these
Imprisoned appeals from the leading counsel for the de-
unless is 10 gather about the case mist which shall
interrupt the Of justice There responsible
here; there public justice to be conserved; there is
the safety OF thousand lives to be protected For IT,
Justified in his act there are thousand ruians in this
own hands and make boodier still the streets Of your
city, which are already running with blood.
REPLY OF MR.. FIREMAN..
Mr. Tremain-May it please the Court, it has been my
fortune misfortune to appear as DistrictAOrney,
Attorney General and counsel for the prisoner in
thirty capital here and have before heard
sotiraed an argument has fallen from the lips OF the
learned gentleman who has just sat down He has
beyond the question submitted for your HOnor's adu-
dicatiOn and yet Sir nneynine onehundredths of his
speech intended for the court but for the jury had
nothing at all to do with the question presented, and
none knew it better than the gentleman himself.
/ can only account for II, either because the
gentleman does not intend 10 address the jury
at the close OF the evidence and therefore deemed
~ necessary 10 inject II at this stage Of the cause
that the prosecution have TWO arguments instead
OF one because the gentlemen knew, when this whole
evidence was ill., there would be TO make speech
upon SIR. what have we 20 do, in the discussion OF
This question with tine assertion that Mr. Fisks heart
and brain are large and noble On how many people were
mourning over ms GsS1h and 3 esr re
mains at the coroners inquest 1t might be properly III