The New York herald., 1872-07-14

tne uying man, MS spirit still hOverlng before ts
night, and charged with the crime; but there was
no word OF denial, no wnrd OF excuse no word OF
countercharge, no word Of regret, no word Of re-
morse-all before he had seen lawyer.
IT WAS NOT TRUE.
II was device of the prisoner to save his life.
Here was evidence that could not be manufactured.
street. Counsel here held up Colonel Ffsk's coakl
You VIII find number OF holes in this coat, and
examining these with the coat you Will see he
could not have used his hands as the prisoner says
he did. Had it been hanging down. as the
most two holes. 1t was wrapped around him. So
THE HOLES IN THE COAT
SHOW SHOW IT II must have been buttoned up; There could
hand: The circumstances around show IT.
Only o pistol is so%nd and nd that the
pistol on the sofa He did not care how 1t
there It was Stokes pistol Mr. r Fisk escS wss
side, with no escape but to the street, to which
ne mad no nc time to 60 H tnsa eea out s s Sas
any pistol theres Moore, their own witness sees
no pistol: Curtis saw no pistol. No one else saw
All they could say was that they told lies. Had they
not noticed that their testimony was confirmed by
the prisoner, confirmed by other witnessesY what
from the House OF Refuge. They tell the same story
here and there and at the station house.. Who had
To what use was itY the argument was substantial.
Little discrepancies arose from the length or time,
OF N NV
confirmed In them by the prisoner himself and for
minor points he did not care.
the criticism which their action would evoke. He
trusted New York Juries. He cared nothing for the
rings or the Greeley Ring. He did care for right,
justice and truth, II they had good reason to dis
believe any testimony let them strike 1t out. There
was evidence enough beside. II there was killing
without provocatiOn 1t was murder. All the evi-
dence showed that his whole purposes Of that after
Hotel and the ASSASSINATION Of Colonel Fisk. II
they released this man blood would continue
do their duty manfuliy and truly, SO that in the
great Judgment day they might know they had
they they would. By the % law he was to be judged by
the law he was to be punished They were simply
The Court took recess before charging.
JUDGE NGRAHAMs CHARGE.
Justice Ingraham, In opening his remarks charged
pleasant. In civil matters he had often to decide
between man and man when one suitor thought
was to decide where the higher Questions a Of lIS
erty and life were concerned. Still more when the
defendant was one who, before the commission OF
his own only, but the jurys duty was in this case
unpleasant
lie felt it his duty to charge them specially to lay
to Danish from their minds
SYMPATHY, BIAS AND FEELING.
They had nothing to DO with prejudice or mercy
simply with duty. Murder was the intentional
killing OF q human being without provocation or
prosecution, and an entirely different one on the
part Of the defence. The first theory of
the S wss plan on the
afternoon to kill Mr.. Fisk; the other
theory was that, meeting the deceased there. he
they believed the testimony Of Thomas Hart, then
IL would seem that there was an intent, whether
formed before after the entry to the house. The
sential constituent to murder. He briefly recaptu-
lated the evidence OF Thomas Hart the arrest OF the
VNrian md uvon Af OF fAnn nnh hcilA
on the part Of the prisoner.
THE INTENT,
he repeated, might arise at any time before the
shooting, and would be murder unless the killing
were justified or excused This evidence was met
by evidence that there was some variation In the
jury, and that they had made statements contra
dictory of their present statements. 1t was for
them to Judge whether these boys were to be be-
lteved and in that they were to take into account
the character and position OF the boys. 1t was not
% sne ar
ments. nor that they should differ among them
selves as to minor matters They must remember
the excitement Of the occasion and the confusion
He need not 90 over the testimony, nor what had
been said as to its credibility.
THE OTHER THEORY
was the prisoners statement that he entered this
hotel
TO SEE LADY,
and endeav0red to get friend to 60 with him; that
he found the lady was not the one that he believed
she was; that he went on to the dining room, and,
when he saw Mr.. Fisk drawing a pistol ana. be-
lIeving that his life was in danger, he admits the
pistol and went directly round to the other stairs.
This was contradicted In everything but the shoot
ey the sSe m b to him
was not the pistol with which the shooting DONE
The one that was here was conceded to be the pris
outside they furnished no proof OF the facts they
were only admissible to impeach the truth OF the
know what esSed to- or that Dr. pe
had done what he told DIR. Shine. He read to them
the
DEFINITION OF MURDER.
He directed their attention to the question OF
whether this crime was perpetrated with the de-
sign to erect death. This design might he formed
at the moment of making the assault This intent
was to be derived from all the circumstances, the
acts OF the prisoner and the mode of the shooting.
The law presumed that every person who fired a |
pistol or struck deadly blow knew the effects OF
this act The duty OF the prisoner was If possible,
AVOIDED CONFLICT
to escape and go some other way II he could. The
evidence shows that ten en- steps would have carried
without any previous attempt to take life then
his crime was mansaughter In the third degree.
arise till everything possible has been done to
avoid the danger. The prisoner said he could not
avoid It: It. was for them TO say whether that was
First, that the probing was injurious. He
HARDLY KNEW WHAT TO SAY OF THAT.
That the probe imperfect appeared; but IL did
not appear that 1t was injuriously All the ply
scians at the post-mortem agreed that the probing
Of the at ss p no He e he
was justified In dismssing that part OF the de- |
fence. He understood that, according to the |
evidence thirty drops OF Magende's solution were |
beneath the skin and forty-six drops |
or its equivalent by the mouth. Whether this
was too much 1t was not for him to say. All
the physicians who attended him agreed that that
was not the cause OF his DEATH None OF the physi-
clans thought that the chances in favor of re-
covery. II they believed the wound mortal and |
he would have died oft, then the prisoner was re-
sponsible though the death may have been accele-
rated by the treatment
THE KILLING OF A HUMAN BEING
Is justfable where there Is an attack upon the life
of the person committing 1t and where there is |
ground to believe that great bodily
harm is threatened and there is imminent danger |
OF It's being perpetrated. Mr.. Justice Ingraham
briefly resumed the effect OF tile law the different
theories of the parties. He charged them that they
had no right to find any verdict between murder
in the first degree and manslaughter In the third