The New York herald., 1872-07-10
SIXTEENTH DAYS PROCEEDINGS.
COUNSEL BURY THE HATCHsr.

|
Your Honor, rise to matter OF personal expla-
nation. Yesterday, In the heat OF debate, l took
occasion to crticise the position of my learned
brother the other side (Mr. Beach,, on the sup
| position that he might have been 80 employed as
| counsel by the prisoner, and have obtained such
Information as to render it improper for him to
| appear against him. desire to say in the most
public manner that l have more fully obtained the
facts of the case, and my learned brother was only
counsel in one matter closed in January, 1871, and
relating to transactions that not and could not
have been involved in this case; and desire
In the most public manner to exonerate him
from any censure, and to cOncede as far as
can, that his position ia entirely proper and
honorable; and Ihave the more pleasure In doing
SO as that gentleman and have for many years
been on terms OF the 1rmest friendship From the
promptings Of my heart should be reluctant to
detract anything from the high position that bis
Mr.. Beach-Your Honor, am very much graft
| fed by the vindication which have received from
my learned friend M was sure So ms 8nIG
In the end justify me.
| Ey-Judge Henry E. Davies testified that Wnen
Judge OF the Supreme Court he was made re-
OF the Erie railway in 1858 by an order OF the
Supreme Court; on the 25th OF November, 1868, he
| and his COUNSEL Noah Davis, went to the railway
office to take possession of the books OF the COM
pany Dorman b. Eaton, counsel for Mr. Belmont,
William L. Drummond testified to Mr. Tremain:-
5ne s WS or y
house from the oath September, 1870, to May 1871,
until Mrs. Stokes went to Europe.
| q. State II anything strange occurred In connec-
| ton with the prisoner during the time he was
there, and if you proposed taking any action on t'
Mr.. McKeon proposed to show that during the
spring and winter Stokes stopped at the Worth
the place was vas and m tnas e t
add that he was watched, and that the prisoner
knew It,
| Tha Court 10 ovcudad
Mr.. Tremain-Dd you not receive similar testi-
mony the examination OF Shankss
The Court-Shanks' testimony showed he was In
company with Stokes at the time.
Mr.. Tremain The prisoner was also cognizant
The Court-There was no objection raised to
Shanks' testimony; II there had been should have
Mr.. Treman-what we desire to prove is that
the prisoner was pursued by these people; the re-
porters make your Honor say on previous ruling
mony to be given TIL foundation was laid for it,
but when we have laid that foundation that you
would allow it to be given.
The Court-Yes.
Mr.. Tremain-we have laid the foundation by
showing these facts.
witness was improperly examined 1t does not fol-
low that others should be.
case lately that where several questions had been
allowed without objection other testimony OF
similar character could not be excluded
| The COurt-Have you the authorities In That
| case?
| Mr.. Tremain-l have not got them here, your
It Was decided to let the question stand over for
the present, and the witness left the stand.
THE PROVIDENCE COMMISSION.
| Mr.. McKeOn then called upon Mr. Sparks Clerk
| OF the Court, to produce the testimony taken by
commission at Providence.
This was the testimony OF Amasa sprague, Of
| Providence, r. l., President OF the National Trot-
and decisions of the convention with regard to the
betting transactions in which the prisoner was In
volved and which were so often referred to during
The introduction Of the testimony and extracts
ected to and excluded for the present.
THE LONDON COMMIssIoN.
The testimony taken by commission In London
was the examination Of Dorman B. Eaton, from
prisoners attorney In SUIT against the Erie Rail-
The District Attorney objected to statement Of
the contents Of the deposition
Mr. Tremain--Otherwise how will we show the
| The District Attorney-By the inspection OF the
Court.
Dorman b. Eaton went to the Erie office ana that
Fisk threw open the door and showed them body
Of men, that Fisk then ordered them to leave and
told them If they did not leave that he would order
the to throw them out OF the window and that he
was only prevented from doing 80 by Judge Porter,
counsel Tor Fisk, who threatened that If he did
he would have nothing more to do with the case,
and that the prisoner knew this. Excluded
| MEDICAL TESTIMONY FOR THE DEFENCE
DR.. John NJ CarnOchan was then called to the
stand. He stated he has been in active practice
since 1850, and is Surgeon-in Chief to the States
Hospital, and has been consulting surgeon to St.
Luke's Hospital; he has been subpnned by the pro-
secution, but was not put upon the stand; SER
geant of police down to Staten Island for him
| In q carriage, SENT as he understood by Mr. Tweed,
Mr. Gould and other friends OF Colonel Fisk, to
up and ed n% Re- aea at st ten
him to come and see the patient he did so and saw
that the patient was In somnolent condition,
| pulse natural and respiration tranquil
WHAT Is SHOCK.
@ ! Will ask you, Doctor to define for us what is
shock. A. 1t is the result of mechanical injury to
the general system and the animal economy; If
| severe 1t becomes collapse; shock depresses the
whole neryons system down to the organic func-
OF the case and recOllect that asked Dr. Tripler
II he thought the patient would die and what he
OF the abdomen give about twenty-five per cent Of
recoveIies-that is, wounds of the intestlnes gene
rally; was Mt the pOst-mOrtem
| Y. From what you saw would you consider his
case more favorable than the averageY A. There
was nothing special to decrease his chances of re-
coyery, and there were some things favorable; In
the first place there was no internal bleeding,
extravasatiOn of blood; there was much less blood
than would expect tc find after post-mortem !;
the four causes OF death from such wounds are ex
travasation OF blood, eXtravasation Of the faces,
Counsel read statement Of the case of Colonel
| Fisk as given by the medical attendants up to half
past ten r. NJ the night Of the shooting and asked
danger Witness replied that ne would consider
that vitality returning and asserting ITSELF and
! he would not look for immediate danger
Counsel then read supposti0us case-a man in
unusually good health, In the prime of life, receives
severe injury from pistol shot. The first shock
Is recovered. The pulse Is wenty-six and the respi
ration seventy.f -four few hours alter the injury
inflicted. At halfpast ten p. NJ his condition is
normal as TO pulse and respiration his intelligence
undisturbed, and his answers prompt; ask, would
you apprehend any further danger from shock :
Witness replied that danger was always to be ap-
pretended, but immediate danger was not 10 be
looked for.
@ Where shock causes depression would 1t be
good practice to administer opium which also de-
| presses A. 1t Is matter OF common sense not to
| do So
q. What is the erect OF opium administered d.
recJly into the system, not through the mouth A.
IL would have double effect.
z. Would fifteen drops hypodermically admins
tered, account FOR the condition OF the patient at
the time you saw him at halfpast ten 7 A. con-