New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-13

.I. I'm ,,, ti. <, ID. iJg -u... E wis thls ,hlrlctsl
thus revealed 70 the prs9ns, ser wsn ne have
waited 10 hear what may be SAID in ms penal ms
character e pertinent Setney on ,he crossexamna
ton 1t might not appear That tins man Ia" az
religion. love of the sabbath, some benevolent
ouaIties that might be revealed In his Denali'
ton word in regard to the evidence the charac-
ter OF the deceased Pirates and brigands are common
enemies OF The pirate may be sent down at sea
by the vessel OF any nation or course organized piracy
upon land under the circumstances revealed III tnS 49,
does not Justify the taking of human life. But am
done with this branch OF the have stated az
ready enough to call your attention 10 the pou' "p'
which We rely.
THE PRISONERS TENDENCIES TO INSANITY
Some evidence has been given in relation to inc tenn
permanent and character OF prisoner We
that insanity is hereditary in the family we nave
shown evidence OF change in the character Vi '.o
prisoner after he was arrested upon the suit OF FISK o
filed with fears and apprehensons from s 70
quarter and his mother testified that any Teeren.o ~
Fisk would bring upon him the greatest 10
is such man, OF such a temperament nave .ne IA
What maferiot t,e fempeTament Of the prisoner would
have revealed in the determination OF question ~ ~
present. oo.,-, onaed have endeavored to
show youno man knows more t9ny tnan IssssnnaSe
doubt as to either Of the four propositions ,
people establish in order to convict t9e aonsbe
doubt whether the wound was MORTAL ana tas ho,c
ceased died by reason 81 9te Aired the pistol
Win a. neeSitated design 10 effect death: have en-
deavored to show that ne was 1ssd ya F 6at from
his mind constituted "a he was these CIRCUMSTANCES
sonaSe doubt upon any one or these propositions
it is duty 10 acqu the prisoner inc rue u wen
expressed in authority which shows the dlstinet9h
between your duty IN civil and criminal case AIch
balds Criminal Pleadngs says: Every man Is Pre- 70
there ia reasonable doubt of guilt the prisoner is 10
have the benefit OF that doubt" desire before con-
Guiding to express Acknowledgements TO the C9uT,
| for the impartiaity with which it has heid
the scales of justice G tSs trial s part may have
spoken strongly and desire now 49, to n,. Will
draw any unpleasant remarks N regafg 70 ' hin
Attorney the gentlemen associated WIN NM me
are performing their duty. and know ther hearts ono
and all to be such that after you nave actn
should acquit the prisoner the aha MS
associates would be among the s 70 taSe nun Wy 'H0
hand and congratulate him upon ms sale ue!NeranVe'
| THE DISTRICT ATTORNEYS ADDRESS.
District Attorney Garvn then proceeded TO up for
/ the prosecution. He said:
MAY it please the Court: Gentlemen Of the jury; Inc
occasion upon which have been kept so long one OF
the deepest the whole community ana there
js probably no circumstance under which twelve men
can be assembled where much interest couu by any
possibility surround them. And it is always the case;
il ALWAYS has been and always will be- for the dead man
speaks not at all except through the testimony OF wiz
nesses All the sympathy OF Jury tne enc ve
with the relatives that surround him and the
with which he connected Inc deau are
Their good deeds buried with them and Their Dad
deeds If they have any, brought to the SURFACE IN
the course OF trial like this There never any friendly
shirt to be manifested the part of those VINO defend
the prisoner toward the dead the contrary every
stain on their character is referred TO: Every Simple
thing that can be brought to light against them IS aus
PLAYED in characters Of living IRE - that whatever tneI
| have done instead of according TO the oid RUE
| that has been adopted years ago, 10
bury mans bad deeds with him, they take only tne
good deeds lie done, and there is no human SOU 70
yindcate him of past transactions and the moment
man dies il he had any friends they depart II a man
has wife, she may shed few tears over MS grave Out
she can do nothing for him. because he Is dead IL no
has any friends they about their ordinary
and leave memory to take care OF itself; and as
said before your sympathy SOur interest all that is
manifested part of the spectators jurors 60
directed solely only the living man who stand;
before you and for whom You constantly incline; aho
YOUR feelings constantly enlisted 10 see some way pJ
| which he can be acquitted
THE PRISONERS PLEA EXAMINED
Now, gentlemen of the Jury. what are the grounds
upon which the prisoner asks to be discharged II
understand this prisoners defense at all it is threefold
First nsanity-want OF it may
be called second that Fisk did not die Of the wound
that was inflicted upon him by this pistolshot, and
| third. self-defeuse. Now that defense Is three
| testimony. In the first place, is there any douD
that this man started on tss gay came C DOW
to the Hoffman House, to the Erie Railway ONCE 10 tht
corner of Fourhs 70 chamberlain Dodge = anu anu =
the Grand Central Hotel ana performer tnls detu
Anybody say he Is guilty OF any symptoms Oh INSANITY
Anything said or done by nun that aiteLhoon OF 1na
week that should indicate tnat ne Is NOT san nan M
and knew what he was DOING Every step that ne
| took that day, every WORD ne sdlu, ana, every
| thing that he dill, only goes 10 c0hnrm inc i1 t
that he just as responsible, 50 iai
as responsible he is today and yet they
regard bimhs counsel certainly the Court ana every
body else stood the stand here the other day
as a responsible man. and that he knew what ne was
talking about; and there is not the slightest evidence
upon that be did that occasion, thnk he was
| responsible for verythlng. -,
Now gentlemen, what further Is there In this! The
physicians wound was gwen him which ordinarily
proved mortal A dangerous wound. and, IN the ian
gUage of DR.. CarD0chan the chances were against MN
A mortal wound inflicted by that prisoner upon
| I.. rdiuy 10 no tesfm Wood. WlO
has testified intellgenty upon TINS SUBJECT ana
| who said the chances were against MN, ana
| as 1 will show you by referring to books,
a recovery is made from such wound ana as genera
thing the wound is mortal ana terminates ia death Ana
want YOU recOlect further gentlemen that the pr-
cpal Of the physicians that have been exalneu on
that subject testified that matter what stnnants no
man died result OF this wound Now 1t was OF the
treatment they he dled, ~ was tne treatment w
these doctors with regard to this case The PHYSICIANS
say that large portions OF opums, mOrphnes, ana yaf
forms of those anodynes are given as necessary
| to relieve patients. NOW do they say !.
shows that the probe never entered abdomen at all
evidence have That subject is what the
physicians say the posmOrtem examination, that
there absence of perOntis in that part OF the BODY
where possible the probe 10 reach and that
for probing the viscera it too low down entirely To
be reached BY the probe at all And as 70 breaking te
while in the wound it would have disappeared SO far
that is concerned had nothing whatever 10 do with
the death OF James Fisk.
What is the result OF the morphine 1t quiets pain,
Que anxiety, the patient goes TO sleep He slept a
short period Of time Was there any contraction OF the
pupil OF the eyes Was there any indication OF the enee
of mOrphnel Was there any Of that sound sleep which
follows morphnef On the contrary, from time TO time
his bedside talks senb and clearly and expresses what
he wants himself.
| The Court then adjourned until this morning