New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-12

o. II the Jury should find that the killing was not muir
der nor Unsuitable homicide. and was not embraced In
the statutory definition of manslaughter in the first,
second third degree they have tne Ignt 70 nnd tue
10 The Killing Of the deceased would be justhable,
and the verdict Of the jury should DC not gully pro
deceased lad pistol ia his hand and was apparently
eparng to fire at the PTsGne az Spd e his on
OF sustaining great bodily harm from the firing OF such
pistol. ,,... -, -, 49, l., .oo
sonabe doubt upon the question whether the homicide
was iustabe they should find general verdict OF not
10 H. considering the temperament of the prisoner
facts and circumstances OF the case the jury satisfied
that when prisoner fired the shot he actually believed
with an honest conviction such firing was necessary
his fe the prisoner ought not to be convicted
49, IT, upon the whole case the jury entertain reason
able doubt whether the prisoner was guilty OF any
Ofense 1t wiz be their duty TO give general veruc' Vi
not guilty.
MIR. TREMAINs ADDRESS.
Mr.. Tremain then handed in the written proposons'
and, turning to the jury. thus addressed them;
Gentlemen OF the Jury Before entering upon tne us
cusson Of the great and important issues about TO DC
submitted for your decision desire, in behalf OF the
prisoner and his counsel to express to you our
atons and thanks We congratulate you on the lact
that after long and protracted trial at midsummer inc
time is rapidly approaching when this great drama VIII
close and, after having faithfully and honestly dS-
charged your duty, you will be enabled TO return 10
your respective places business and to your families
we thank you for the patient and intelligent attention
with which you have listened to the most interesting H
veiopments i'm this important case We thank you be
cause, having been summoned nnGer tae laws VI I'm
porant responsibilities and duties that can rest upon
you citizens you have scorneu 10 resort 70 ,o ts
vices of doubtful honesty 10 escape from ln9se @
whereby iuryman takes upon himself TO say that On
case as developed by an er Jarte examination. and by
newspaper reports he has become dlsqualne1 10 us
card{1o these doubtful and too common expedients,
while YOU only conceded 10 us that you have read
oath that You could and would decide 1t upon the evil
dence alone, dscarding wholly from your minds al m
pressOns prepossessons derived from the perusal Vi
entered upon the discharge OF my duties in this
under circumstances of great personal responsibility;
The responsibility that rests upon the counsel situated
as am standing up to plead ior man wA9ye o Ire n
ent before you stranger; You are strangers
to me- have right, therefore, TO expect that any
weight will be given what TO utter, except such
as are things entitled TO receive consideration from their
own inherent good sense and intrinsic worm. BUT as
said before. the embarrassment and responsibility OF
counsel standing up am here today can scarcely be
over-estimated The learned DistrctAtOrney stated
70 you in the opening Of this that in his judgment
the duties OF prosecutor were more aduous and re-
spOnsibe than those OF the counsel Tor defense IRON
tits statement take the liberty most respectfully and
most decidedly to dissent It has been my nee
sentiments of every man engaged ID qoie no
that there is no comparison az al between between
the duties ana responsibilities and labOfs or pubic
prosecutor and those that deyolye upon counsel occupy
ing the position occupy The pubic prosecutor merely
discharges his duty; he has no responsibility; On the
1
words that shall now present you win be the last
that will ever be offered by mortal before the YER
young man liberty cOnsgn him TO prison or an ig-
nomnious death upon the scaod. II In the discharge
dreadful my responsibility On the poor feeble words
that fan from my lips will depend not only the ate
beautiful before him, but little past the age OF 80 but
also whether blow shall he struck by your hands that
will place upon that child of his the shame Of
being denounced as the son OF murderer ana whether
| shall hereafter be pointed out as the widow OF
murdeFer S9d finally W4 ta mother tne ss6a
| be brought down in 10 the grave
AN UNEQUAL COMBAT
There is great disparity of forces here in this srug
gle The prisoner snglehanded and alone Is struggling
for his life against the full power OF this gigantic Com
| monweath Arrayed against him stands the public
prosecutor At his back the whole police force of the
city is ready to summon witnesses The treasury Of the
State the whole taxable power, the whole taxable prop
ertv is subject the Will of the public prosecutor He
comes here clothed with tenfod more power and infu
ence before Jury than can possibly collect ana then
in all that he has been aided 10y the learning
the ability and the wisdom OF two of the ablest mem
bers profession The contest is an unequal one.
and unless the prisoners defense Is one tDat Is
by the power Of truth, he can scarcely expect that IN
such contest he will not he driven to the wall But II
he has the truth his side then what powers
brought against him. My experience has taught me
before jury OF u men, drawn from the several pur
suits Of life having no preudices to subserve and no
| object to accomplish except TO govern themselves by
on a fair hearing like the present. before an impartial
tribunal enlightened jury all the powers that TIE
OF government are, will be insufficient 10 crush 10 earth
the truth by which the defendant Is sustained.
been connected have felt so mpeled by sense OF duty
this to appeal TO you by every consideration
minds all impressions derived from the examinations
before the Coroner and from the publications of those
examinations the daily papers in your city, and from
the newspaper editorial comments based upon the pub
LEGATION Of this parte judicial investigation II is the
great difficulty with which this prisoner has been Oh
inquest the testimony selected by tie Coroner
| TO make out a case was published and
| heralded broadcast from one end to the other OF
this land without single word being presented on The
part of this prisoner break the force of that testimony
| Thomas Harte, Patrick Harte. and Redmond were
brought there, and would not be strange at an upon
their testimony without word OF erossexamlnaton OF
| counter testimony, the public mind became impressed
with the that this prisoner had been guilty OF
a murderous attack upon James Fisk; that he had pur
| sued MIN from the Holman House down TO the Grand
Central Hotel and hung around that hotel for the pur
pose OF meeting his victim; bad waited until he entered
that hall from which according TO the language OF the
public prosecutor there was no escape ana here SEEING
the OppOrtune moment when there no chance for
cape and pursuant to the purpose he entertained, he
fred the pistol that took the life OF this defensees
THE RETIcEHCE OF THE DEFENSE EXPLAINED.
This prisoner felt that his salvation depended upon
cOnceang within his own breast the truth OF the
lest that perjury that has logged him and that power
that has sent its detectives upon his track for weeks
months would again hunt out these witnesses, tampel
with them, and destroy the value OF their evidence
And his counsel too acting in the discharge Of what
they believed their dutyMr McKeOn Mr.. Graham, and
Mr. Gerryplaced upon him the seal of secrecy, and
Joined him not 10 utter that long communication which
passed between him ana the public but that he should
! wait until the day OF his trial. when the truth
| would be made known. And here, for these
| long months this young man, innocent as
| shall endeayOr TO show you, hunted IdOwn
| as a victim by the hounds Of organized
conspiracy against which he coDtending endeayor
| ing TO strike him down; He has been for SIX long
months IN position where ne could have no commun
cation whatever with the public and come down IL
trial and obliged 10 COO with the pub
lie poisoned by these parte illegal publications
as could show YOU and now, in the name Of all that Is
lust and legal and honorable ask you 10 discard from
your minds any impressions derived from the pubca-
/ ofG ngh fag a lie lNr-
oner's testimony, when the prisoner had no night 10
crOssexamine produce witnesses, when the prisoner
AlLn LIZ