The New York herald., 1872-07-13

reasons
should be excluded. The next witness referred to
was Crockett, the clerk at the Grand Central.
Crockett was Flsk's friend In Boz Boston and % e. the
Serent S StO' from rom ~; the '' prisonsrs told him
Would nss ssasnsss ss'sss ss sa s M
who visited the boys In the House Of Detention.
MoSd s further N o S
Jury would bear In mind the total absence OF
all proof that Stokes could know that FISK was to
week. John Chamberlain proved that when Stokes
looked up at the Erie building Fisk was gone away,
there. ON the other side the defence completely
accounted for every moment Of time and every &C.
Fisk arrived there after him. 1t was proved that
he had been all along getting ready MS papers and
Witnesses for tae arbitration at Fovidence On the
he got papers at the HOFFMAN House; that he had
left papers at MISS Mansdeld's, and that he went
into the Grand Central Hotel for an innocent pur-
pose, and every act is corrob0rated. every state
ment of the prisoner, except at the moment OF the
shooting, when different reason is given by the
hotel boys, who are suborned to come here and
te concocted story. The prisoners son story 10 cor.
FsS's lett arm arm al and i'd down through the abdomen Us
II the arm had been across the body, the two
hands on the pistol as Described BY the pris.
bullet Killed him It Is immaterlal what
our-shooter and did not fire after danger from his
antagonist was over, but turns and walks away
Sss ss ne sHnf no 0r Of
dorerf Was that proof that he intended to kill
s IN held ne wss Sy ns
everything constrain the jury to credit the
prisoners statement rather than the unoharitable
solemnity Of the words now utter, the very last
words 10 be uttered In defence OF the unfortunate
prisoner before
THE THUNDERs OF THE PROSECUTION
are opened upon him, and however able we might
statements.
from this time out our lips are closed. All, gentle
that we have to say on Senal OF the accused
and bear with me, and recognize with me the isct
issue, aud well understand the solemn responsible.
ty attaching to as his counsel. As to the ques-
INTENTION TO KILL.
you, gentlemen, have the evidence OF the prfs.
oner himself that he had no intention to kill. And
nasmuch as the evidence OF the prisoner on that
question, and also the subsequent point, that he
| had
JUsrIFIABLE CAUSE
for the firing is material question to he consid-
cred by you, will take occasion now to submit
what degree OF credSty you win aware to the prs
at the bar. The law allows him to be witness,
and although he stands under indictment he comes
before you with q presumption Of innocence, no
matter what the crime charged. II covered all
over like leper with offences and he appeared
lie with the prosecution to impute to him mlscon.
duct Of any kind, II 10 this case you entertain
a
minor violations OF the laws of morality-even the
OFFENCE OF ADULTERY,
although there is certainly no proof OF here-t is
not for the prosecution to lmpute 1t to him. The
effort Of the prosecution to sh0w-though unsuc-
cesslul, to be sure-that the prisoner on some
offence offence by o shooting t this ' German was manifest
violation of the rights OF the prisoner. The pardon
OF zeal to convict may be charltably extended to
the pl plosecuti0n; but am sure that the District
Attorney, welding the power he does, Will not at
tempt TO impute to him or charge him with any
before you, gentemen-the crlme Of murder-of In
any other way prejudice him In your favor. The law
his character outside OF the prosecution unless the
prisoner draws 1t upon himself. The prisoner
when he puts himself on the stand like any other
witness he Is liable to be impeached sy cvucncc vi
general bad character ana on that to be person
| not to be believed under 0afn. When ne, gentle
I men, took the stand we threw
DOWN THE GAUNTLET
to the prosecution to call witnesses 20 prove the
prisoners character for morality, truth and vera
! city. Had thoy attacked US on that point we had
been abundantly fortified for such attack; but 1t
tlemen, as any other witness whose testimony Is to
be weighed and compared with other Witnesses to
be sure but is not to be disregarded by some abso
ute, uncomfortable, ill-regusted whn or caprice,
that because under Indictment his testimony Is not
The Court here took recess.
After the Recess.
The Court having reassembled, Mr.. Treman pro.
cecded as follows with his argument
CAN THE PRISONER BE BELIEvED2
The question Is now what credDllV you are TO
attacn 10 tne e'luence VI Tue prisoner. On the
principle that every man should be held innocent
until ne Is proved guilty MS testimony, unless I'M
peached, Is as goou as tuat OF any one else. Inc
mere Iact tnat ne nreu pstOl Is not sun'cieht ev
dence Of murder, unless the man fired wilfully
at vitai pVlht uua Witn .ue intent ~ comm,
murder. But IL the piIsoher hau carried tne p'stoi
lor months, as Is proven IN Ihis case, WIN the
avOwed, simple purpose Oi seiiueicnce, II the meet
ing with FISK was accldentai, II ne stopped nring
before MS pistol was eIhptieu anu IL ne cuea lo,
doctor after the kiillng tnese tnihes ougit 70 De
taken INTO a1r consideration, ana II credlted, tne
verdict should pe at inc most mansaughter IN
inc thrd or lourth degree. Inc manner OF the
prisoner on the stand shouid also ne remenDered
Was .nere awning III In nis ac.ion .nen .nat SPOKE
OF suppression or Ialscnoouf An nulctment ~ no
evidence OF gun. LOOK at ms pathway rom Del,