The New York herald., 1872-07-13
THE PROCEEDINGS YESTERDAY.

At the opening of the Court punctual to the min
ute, as usual Judge, jury, counsel prisoner and
crowded audience were present, and after Mr..
Sparks Clerk OF the Court, had called order and
ascertalned that oil the jurors were In their seats,
MR.. TREMAIN RESUMED HIS SUMMING UP.
He said nc wopiA hold the prosecution strictly to
rUn In the Indictment; rrsh.s wound
was mortal, and that Of its effects he died,
aud continued
Gentlemen OF the jury, I will invite your
sis OF the evidence upon which the prose-
cut Sation u relies 70 support that proposition
the course OF the evidence that the ba.tleii,
OF sustaining that proposition lies with him.
1t Is s familiar M liar principle that it Is not only
consistent with the view OF tho case taken by the
prosecution, Sut that they are inconsistent with
OF which may have produced death the prosecu.
tlOn has failed to prove their proposition beyond all
reasonable doubts. Now they say they have srs
tained the proposition that the deceased died from
mortal wound inflicted by the prisoner by the med
ical Witnesses examined by them and from the post.
your attention TO that testimony First, viii call
your attention to the testimony OF the medical
sSsss snsd Y s % no f e
the other gentlemen when place Dr. Wood at the
head head OF the iistma gentleman M OF scknowledged
ts say W was ' calculated Ssn to commsnd S 'Ea him
any other Of the Octor p wo"a
however, frankly states to you that he had not
charge OF the case and was only consulting physi.
clan. He cautiously and with great care expresses
himself In relation to the cause of death. His
language was, that not having discovered any
other adequate cause of death he attributed the
death OF Fisk to shock from the wound he had re.
ceived. Other medical gentlemen, following In his
wake on this point touching the Inflammation of
braces the vlsccra, attribute no special I'm
portance to its appearance in causing death, and
p. ,I.,.I.a fIsae that
DEATH WAS CAUSED By INFLAMMATlOT.
DR.. Buck frankly comedies that death from that
less than thirysix hours, while the deceased died
nineteen hours after the wound was inflicted, and
therefore, excluding every other ground upon which
his death might have been occasioned, the prosec-
tiOn plant themselves upon the theory that death
followed from the shOcx--the result of the wound.
II Is therefore this point will call your attention.
That Is the point controvcrt We say that neither
OF the two propositions maintained by the defence
has been controverted by the prosecution upset.
They have neither proved that the wound was neces
sarlly mortal that that wound was the cause OF
the death OF the deceased. Who are the other med.
White Steele. Trpler and Fisher. OF Dr. sayrc
wish TO say nothing but what my duty requires me
to say; and yet, when gentlemen put themselves
In the attitude that these gentlemen who sur
rounded the dying bedside OF Fisk have placed
themselves, in holding caucuses that they might
settle on line OF evidence, and come here " tes-
tlfy as a unit, and TO put
RoPE AROUND THE MICK
OF my client, they place themselves In an attitu g
skill and standing In his profession may be re-
garded next to Dr. Wood. Dr. Sayre has placed
himself in very unenvable attitude before you,
gentlemen OF the jury. Dr.. Sayrc may be man Of
great snail and ability In his profession. IL would
not become Inc to deny that; but he appears here
as partisan, with the strongest feelings Of bitter
ness displayed throughout his whole testimony. Dr.
sayre, according to ha own testimony, decmed II
to be fitting and proper practice TO place himself at
nine O'Clock by the bedside OF Fisk and tell him iha,
he had better make his will. Now, gentlemen, tins
Is the treatment the wounded man receives when
ghn,xa tbaf ant OH .,f.
was perfect rePose and quiet and rest both men
tally and physically. And yet genIlemen, this Dr.
Sayre deems it good and proper practice 10 com
m1nicate to this man that he must die, and to
make his WILL What was implied In this advice 10
make his wiuY Was II calculated TO soothe the
PATIENTS mind and TO Increase his chances for re-
coyeryS DR.. Sayrc produces that little medical in
strument-that little potent piece Of ertilIery
Win which he shoots orn,o ih' deadly Ipod,es poduSa
solution into the system OF patient and with the
greatest sang froid discusses II az thing which he
uses every day, and that no injurious results ensuc
from its use. Is the medical testimony for the
defence dispr0ved by this testimony, that death
mghS my, ] ensne rom an infusion 81 nmeen misims a M oi
injecting into the blood, and characterZes as q
healthy, pleasant, inye0rating medication; that
bathing the fcvered brow OF his patient with
eau de Cologne, or administering lemonade
70 siake ms burning thirst This doctor claims TO
Generally men OF any learned profession are willing
to claim merely that they are more skilful IN some
fit. In the medical profession particularly one
man will claim 10 bea proficient In The treatment OF
diseases OF the hip bone or Of the Joint another pro-
fcient In the treatment OF disease OF the eve,
another or the ear, another OF the treatment OF gun
shot wounds: another proeses superior knowledge
OF narcotic p0sons, and 80 all through the medical
lexicon; but DR.. Sayre, by his own account, has a
speciality for and Is equally master OF all The pros
ecuti0n Oh the rOss-exaullnaton Of DR.. Cprnochan
asked questions not pcrilnent and entirely irrels-
want. They asked him his opinion of Dr. Sayre. OF
course We had right 10 object but as we knew the
answer 10 an immatcrial and Irrelevant question
was conclusive, which would leave the door open to
us, we permitted the investigation TO go on. Dr.
Carn0chan, In consequence. being obliged TO give
IN honest opinion, honestly said that he was not