The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-15

Summing Up for the Defence.
SrAUNroN, March Z, 1872.
This morning. at ten O'Clock, the defence was
opened by Mr.. George NJ. Cochran In an able and
forciole speech Of about an hours length. Mr..
Cochran does not maze long speeches. but II Is re-
markaoe how much he says In them. He Is terse,
vigorous and forcble, and speaks with great ear
nestness He said the defence did deny the kill
ing; but before homicide could be crime two
things must concur. There must be the fact Of
killing and there must be malice In the slayer's
heart; Il must be wickedIsess which prompted the
Il we are to believe he soon as be ssd
seos Snsoe Ts must Dsi,sSe he dd ~
in seifaerence; S' he was Carrying 1'a a
pistol Tor me-" These were his ords as soon as he
SHOT and NO one can refuse 10 believe they were tue
true utterances OF his heart II ne believed that
90 or not, he woaId bs Innocent OF MURDER. These
suer and pursued. Ulineoell had been looking and
inquirlng Tor Carson IN Greenvle. ana nad Followed
him out TO the croquet around. Clinebell had
already made threats against Carson which had
reached Cafson's ears, and he sent Clinebel word
mat II ne attackod him he would shoot hiLn.
HI ATTACKS CARSON IN THE LADY's PRESENCE,
n the presence Of hts sweetheart. What would you
nave nave Carson dor Run; 50 advises the Common.
ono run before defending himself. Carson Knew
that ClneDel was aware Of nls carrying pistol,
him; but Cllneben dad not believe Carson would
shoot nlm, and presumed upon what ne called
"
MS 1ustitcauonf The law provides that, before
you convict man OF crime, you must be convinced
beyond reasonable doubt OF the prisoners quit,
you must believe That his heart IL corrupt aud wll-
July oent upon the destruction or his fellow being.
lie established, AS ne maintained, from the evidence
the proof OF this fact, That hewas acting In self
oe.enco-thls was proved by his witnesses aud the
witnesses OF the Commonwealth.
MAJOR T. q nLDRR SUCCEEDED CAPTAIN COCHRAN
!0r tho defence In speech Of about three hours.
HIS language was cnaste and elegant, hrs manner
impressive, his arguments fOrciDle and strong and
MS Pathos touching. There was good deal OF anx-
iety inanlfesled TO hear him. Is what IL called
mere Q OBSERVATION-DISCLOSURES -, native OF Eastern
virginia and not exactly ITO the manor b0rn"-and
good part OF the crow having heard Of him and
never seen him. think he July answered the exs
pectattons OF the crowd, and old Virginia had no
occasion to blush for her Representatives.
Colonel John b. Baldwin succeeded Major
Elder. lt would be useless TO attempt to give
q synopsis Of his remarks. as ! should 1all
short OF doing them anytning like justice. Sufco
IT. to saw thts was cOnadered by the crowd as one OF
tue very best OF MS Very go0d speeches. While
Major Eder's smooth. easy. graceful and incisive
style reseMbled the polished ctmcter OF Saadin,
Colonel Basdwin's more nearly resempled the pom.
derous battle axe of Tue llon-hearted king as ne
dealt his staggering blows around =
CAPTAIN beaumgardner, ~ very forc.ble speech
OF tour hours, closed for tue Go nmouweath. and
case, at six COCK p. NJ, was given TO The t.ry
who retired 10 their room IN charge Of the Sheriff,
and the prisoner was carried to the jail. '''@