New-York tribune., 1872-07-15
PROCEEDINGS IN COURT.

District Attorney concluded bis summing up. Before
beginning however Mr.. Treman made the following
statement for DR.. Saye, in which that physician ke
Dr. Carnochan, also present at Fsks bedside, repud-
aed any responsibility for the treatment OF Drs. Tper
and Fisher
II the Court please: DR.. sayre called upon me this
morning, and, expressing the conviction that would be
unwilling TO do any injustice 10 him, desired me to mako
an explanation upon two minor matters. He complains
that appears from the report OF my argument that
included him in the eensures which expressed directed
against the caucus OF doctors. He me that he
was not present at any Of those eaucuses. While
1 am not aware that 1 did in terms INCLUDE
him in my criticisms quite desr0us Of giving him
the benefit OF his denial Tie other point related 10 the
medical treatment which Fisk received after he was
wounded. presented to the jury synopsis Of the evil
dence given by Dr. Fisher stating the condition Of tho
patient at different period Of tme and the medical
treatment which he had received also stated To the
jury it appeared from Dr. Fishers evidence that Dr.
sayre had approved Fishers treatment. Dr. Sayre,
however, reminds that it appears from his testimony
that he ordered that treatment 70 be discontinued az IL
o'clock on the evening of the 9Th of January He author
ICES that no dsapproved both OF tho caucuse'
and Of the medical treatment, and as am quite un-
willing TO do injustice to any person am glad OF the op
portunity afforded Of making this explanation.
DIsTRICT-ATTORNEY GARvIN'S ADDRESS.
Distrct-Attorney Garvn then resumed his argument.
He said:
As said yesterday, gentlemen. there was never
position in which prosecuting officer and jurors can be
placed where that OF responsibility comes down 80
deep the nmost of the heart In this great
city Of of people you TO represent them all
You act for them and for your conduct they VIII hod
you responsible But what OF that You care no; what
they think what they say, provided you do as your
conscences dictate Now in the wisdom Of the world p
has said that If takes the life OF another
he shall answer by his own blood. which means thath
your intent kill, have the premeditation which tho
law calls for tho design beforehand to take the LIE OF
this man. you shall offer in expation your own life And
does it make any difference what the character OF the
man isl 1t is entirely mmaterial whether the victim
was good bad man. Because there Is malice and
wrath against has the prisoner or anybody else
| the right to take vengeance! INTO his own handsf
| No; the scales Of justice must be held high
and even. Men protected by the law. by the
they stand and by the law they must he Judged
Now II there is any justification or excuse for TINS pso
ner il IL the business Of his counsel TO show IT, The
prisoner take upon himself the burden OF satisfy
ing the Jury that he OF the crime that stands
against him. or If guilty that the circumstances jusii'
| fed him in committing it. Now what is his Jusiihoa
toni We make out a case against him We show life
| taken by premedltated design He says true shot
him. had the pistol in my pocket. Iknew ii was loaded
1t had not been for malpractice the part OF the
| doctors he would have lived" Gentlemen, that is
pretty lame defense That is pretty poor ressonn% To
! put man In condition that he cannot be saved ex
cept by the most skful surgery, and then say that
II he had been treated else has been treated
he might have been treated he would have lived That
kind Of reasoning is prepospeterous.
! HOW FISK WAS DoCToRED.
This idea that he not doctored according tho
lights side the other-s there any dispute that
after IL o'clock any medicine given TO this Is
there any dispute that only two half grains OF morphine
were given to hm Is there any doubt at all that in
Of this description, where large and small ntes
tine wounded in nine out of ten they de No
body has disputed that. The wounded gets a terri
bic shock, which paralysis OF the system
and he goes steadily down to his grave, and rises
The prisoner himself that he compelled 10 shoot
this man 70 save his own life. This story supported
and sustained by human testimony except bis
except testimony that has been produced here
| this stand by woman and her sister. Who Is the
womani Who is the woman shat has brought one man
TO the and another to the scaoli1 This whted
sepucher, clean the outside in the language OF
SCRIPTURE but within full Of rottenness and dead mems
bones" The testimony OF gamblers has been adverted to
by my learned adversary who has denounced gambling
and ridiculed the importance of gamblers testimony
but how with the harotl How does her testimony
standi
(Here the Dstrict-AttOrney quoted from the Bible
reading passages from Proverbs in Icwd
women, and continued j
Now have called all the people upstairs and they
didn't see pistol have called all could reach
around the bedside or this prisoner, and they they
didn't it, Why did MT this prisoner say anything
about the psoli Why did Mt he Fisk drew pistol
him The counsel says il because he told him TO
keep still His counsel did not see him until
O'Clock that evening when he arrested stairs
why did Mt he There is shot l shot hm
he going To shoot me- the pistol the
stairs and saw II drop on that platform T. Would it
not be natural IN your own 10 tell the first hu
being you came 10 you had been attacked,
and had killed your assalant TO your life
And when he stands In the presence this dying he
does not open his lips to reply to me declaration That
is the man that shOI me- Why did he not kpeak QUIT
He could have said IL HILL but he didn't Why not
Why not when arrested Why not wnen before MI.
Fisk lie had not seeu counsethen There was no pad
lock his mouth then. lie was confrOned with the dy
ing man, his spirit still lowering before ITS flight aud
no word excuse word OF countereharge, no word
Of re gret word of remorse, All before he ad seen
lawyer II was not true IL was device of the prisoner
his life.
FIsKs CLOTHING PRODUCED.
Here was evidence that could not be manufactured;
that could not h. picked up by DR.. Shine along tho
ie held M Mr.. Fisk's cloak) You will hnd a
number Of holes this you will see he could not
have used his hands the prisoner says did Had J
been hanging down the prisoners theory requires,
there would have been at most two holes. 10 was
wrapped around him the holes in the coat show it
must have been buttoned up There could have been
pistol in bis hand opportunity TO take Out. He
had no pistol In his hand the circumstances around
show IL. small ban Is picked up but no pistol. Only
pistol Is found and that the pistol ON the sofa o
did how it there IL stokes's pistol.
MIR. Fisk caught uuarned IN q trap, walled IN
each side with escape the street. 10 which ho
had time To 60 lie cried out, " ls there one tO
help me e. Did that mean that he had any pistol there
else saw pistol. What they say the Harts and
RcdmOndi All they could say that they told lies.