New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-10
PROCEEDINGS N COURT.

PROCEEDINGS IN COURT.
As soon as the Court opened Mr.. Psemain
rose to a question Of personal privilege, and saG-fe--
terday in the course OF some intermediary discussion,
and perhaps in tie heat % debate took occasion 10
ertcse the action Of Of my learned brothers on Tie
other side the supposton that he might have been
80 employed by the prisoner on other occasions "a to
make it improper chat lie should be cmpoye1 ~ IN"
prosecution against him. desire 10 LAY now that
have aseertained more fully mat my brother Beac',
whom referred to, only counsel in one snit which
did not in any manner relate the transactions here
desire therefore exonerate hm and to that con-
slider his position entirely proper and honorable lam
glad to make this amend because that gentleman and
myself have been for many years on friendly terms and
because should be unwilling to do ANYTHING to detract
from the high position which bis ablhy receives an"
deserves at the hands of all.
Mr. Beach-wln your Honor allow me to ray tha, an
gratlaed by what my brother has said. and am snre
that my character will justify the position have
| taken here.
TESTIMONY OF JUDGE DAVIES.
The defense then called Henry L. Davies formerly
Justice of the Supreme Court and Of the Court OF Al
peals who testified, in answer to Mr. McHeOn: vas
appointed receiver OF the Eie Railroad Co. Dy TIE
the Supreme Court the 2Sd o. Noyem ~, 1885, after
| the appointment perfected, about u O'CLOCK On
Wednesday the 25th Of November. went 10 the office
of the Erie Railroad Co. accompanied by my special
counsel, Judge Noah Davis, and also by MI Dormah L.
Eaton one OF the counsel for Mr.. Belmont,
Objections being made at inns Poln r vc MfSeG t
Mr. Eaton TO the Office OF the Erie Railroad Co. and ae
inandTi @ fer. that he threw oe the doors aud
there appeared body of men; that FISK then ana tne"
told Eaton leave and threatened to orier the men 10
throw him out OF the window. and was prevented ny
Judge orter one OF TIE cOnnsei Io tsA aha .nlt .o
prisoner had knowledge OF these faets The oHi Was
| excluded.
| TESTIMONY OF w. L. DRUMMOND.
william L. Drummond then sworn. ana testified;
O. Where do you livel A. kept The Worth House
corner Of Twenty -ffth-st. and Fiith-ave.
O. Did the prisoner and his family live with youat
ony time A. Yes Sir fom the 24th OF September $50.
| to May 1871.
O. While he was there did anything strange or pecu'r
occurl A. Yes, Sir; it must have been shortly after
Stokes left Of the tenants called my atteh"h 10
| the fact
The prosecuton objected to the witness proceeding
,,bor and the defence offered to show that, during
tbo WINTER and Spring. the place watched TO sucH
| n degree that it became disagreeapie. . ia ,, ~.
Judge Ingraham said he thoushs IL couiu wv ~
| allowed,
DoRuAN r. EAToNs EVIDENCE EXAMlNsn.
They then offered the examination OF Dormah D. alton"
a witness examined on commission uiIee'eu 7" He"'so
A. sedyyick In London Great Britain, Oy when IL "F
pears that Eaton at one time me palhH = attorney
in case against the Erie Railroad Company The 'oun-
sci was interrupted in his statement OF tho contents ny
| Mr. Reach. who objected thereto. Mr McKeon aao he
nronosed TO read the deposition Judge lngranam SAID
he didn't think it admissible whether the matters
told were true false, nor to prove the particular
Mr. McKeon-we offer each question separately Win
The Court excluded it on the ground stated ~,
| DIR. CARNOCHAN's TESTIMONY. =
| John NJ. Canochan then sworn, and testified id
| answer TO Mr.. Townsend:
Q. You physician and surgeon : A. Yes, Sir.
Q. How long have you been such A. Been 10 active
practice since 1850.
@. What position do you hold a medical man A. I
| am Surgeon-inChief to the State Hospital
| @. Aud what have you been during these years A
have been Professor of Surgery for about years
New-York Medical College and Consulting Surgeon in
ST. Luke's Hospital have held other Offices but il is
not worth while 10 mention them.
| Q. Were you subpenaed BY the prosecution in this
O. Were You called to attend James Fisk when he was
@ Who sent mt for yoa T. sergeant Of police camo
down staten Island for at that time Unne
that Gould and Mr. Tweed and frcuds Of
@. Did Did You You see ZEE Col COL Fskl A. Yes, Sir.
| q. At what hour A. About 1879 D.
z. How long did you remain with him A. was prob
ably half hour in the sckroom aud IN the aae-room
arrived there was met by Dr. Tipler in tie ante
aud he asked me II didn't want the PATENT
stepped into the sick-rUom and sat the bedside
while he was then in somnoent condition.
Q. What was his pulse theni A. His pulse about
Q. What was his respirationi A. Tranquil; did not
take II by my watch, but Judge II about 10 or 40
readily the respiration without your watchi A Yes,
| Q. What was his colori A. Pallid.
sHocKi
Q. Task you, Doctor, to define what shock A. Shock
is the result OF injury the general animal economy;
the result in proportion the injury and the animal
economy; the attending symptoms lowering OF the
general vitality the pulse becomes weak and ayering
the intelligence becomes torpid and IL the shock pro-
crosses still further generally collapse takes place the
function OF the heart ceases, and vitality DESTROYED
q Then what Is collapsed A. II is the severe form OF
shock shock depresses the vitality. the whole nervous
system down 10 the organic functions
O. AT halfpast ten, when there, did ap-
prshend any speedy termination % tee case A. No,
aid not; the general condition OF MI Fisk was such rs
10 induce me 10 ask the question d. Trpler as to
what he thought he wOuld die of, whether he
thought he would die.
O. Had you determined 10 come againi A. | had; I
was requested 70 come again by Others
q And did YOU start 10 come aglni A. did; thero
nothing special 10 decrease his chance
and some things were favorable To tt.
O. 1t Is stated In the CorOner inquest that there
about bali pnt of blood found: do attribute that
the action Of the posi morem A. When the cavity OF
the abdomen WAS opened there small eliot OF blood
much larger dollar the surface OF The omen-
tuR; was quite astOnished at IT,
q. Was there more blood than you would expect 10
fnd after pOst-norIem A. Mach less blood.
q. Would you apprehend any further danger from
shOckf A. When see patbnt recovering from
shock, his functions again working naturally, would
infer there Is no immediate apprehension OF col
lapse; in severe injury there always or less
danger OF shock % be apprcheIdcd have be very
cautious making thu diagnosis until the person is OUT
VI danger; but do not look upon the danger - M