New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-06-29

sponsibIty OF his position as member Of the bar that
The counsel for tho defense desired not 20 deiano
the dead they were engaged with the living, NOT lo
dead God forbid that he should struggle agnss sne
Of man did not justify another III shoounk MN az
tho same time they would show that tne pau ae a.
around the prisoner and that the loss o. MS NE wa h
direct result Of bis own Misconduct Tor that Dad
months in SUCH position that his life was in Jeopardy
For that man, with the power no welded hau Only
those he wished Of the way and II TINS prisoner
influenced by an honest belieI that ne was
hazard and peril from such man by reason OF ms Dad
character then that bad character Is legitimate SUD
bad conduct and means, having such proprietary ID,
tercst In this hotel that the prOpret0rs were Douu
hand and foot 10 him-f this man then having 81 800,
who was never known 10 carry large sums OF money IN
his pocket If he kept his family there ana pald Iher
bOaTdb and was there , constant NsCr t ny
propretors OF the hotel bound TO him by such ob
cations that on the stand these relations Woulu
their testimony and induce them TO suppress whatever
was unfavorabc, and bring witnesses to Whatever they
testimony they did not wish should be gwen was 10 TO
be heard Of that, in an intelligent court ~ tho nho
teenth century, counsel charged with the high duties
and responsibilities Of their position, were to be arrested
by the DistricAttOrney when attempting 70 usonalte
their duties and 20 sec whether this poor man,
with all this gigantic power against hm-that OF the
she9 member. of t6e bar brought in to assist him. who
never before felt the necessity OF appealing lor III
bev must he lied down as if they petifoggers In
Jnsiees Cont the limo might come when IL would oe
Tor them to consider what the duty OF the Court 70
due him but they had their rights, aud would deiend
the rights OF the bar well as those OF the Couf1, a
g TsSh TSH Of his duty to pursue line Of
inquiry he submitted that he should he per per
Way How 5S AID the case sSnd The witness
connected with the hotel and knew FISK wen IA D2 F
He nroposed TO ask him train Of inquiry as 10 MT fsh
intimacy with the witness and the proprieo tors ana WIN
this family. for the purpose OF casting any st
ment upon any one but for the purpose OF eucug Mat
motives If any, would be likely to lnnuehee tno Wi'"'''
or any Of tho witnesses connected with That house
THE MORSE FAMILY TO BE SHIELDED
The District Attorney: Is it of earthly importance
how long he had known this Morse family Is sueh
doctrine TO be established in this Court or in this oommu
nity that because the Morse family was in the hotel
oerson has right to walk in and take his stand at the
head OF the staircase and shoot any man that comes
aonel Is that any ground of defense the finish
ing link in the chain OF evidence 1hey want bod
defensei Is 1t any question that snoutu nail ali
any effect in this case "a at er,,r sIH,
mmateria It is sufficient for me TO say, no matter
what they there for no matter how long they ha
been there when Col. Fisk came up that staircase NE
life under the protection of the law and inns person
was there no matter what his object was TINS Witness
fed 10 nothing in connection with it. All he knows is
what transpIed after the acton Was done anu the
tai wound was given and 1t Is, therefore, totally ia
Mr. Tremain said that the simple question was as TO
the right counsel upon crosseXaminatOn anu ia SUP
port of his argument he cited several authorities Ho
then asked where the harm was In auOwlhS an az
q
Morse family incidentally and indirectly with the pro-
prieOrs Of the hotel and If they showed that ten ne
strong bias I'm favor OF the deceased Where Is tine
harm taking tho hinges of On the language o. I
Are we here Sir, to protect Mr. Fiski Mr.. Fisk Is
nothing in this case except ctlzen OF inns @ Wy
The question is alone for the prisoner ana the Ins
public can say no more II your Honor says 1t is To
be excluded, l can only ask for an exception
JUDGE INGRAHAM AROUSED
Judge Ineraham wished to know what YVES meant by
counsel stating that their rights not respected
Mr. Tremain-What mean is this have discovered,
think with great respect for all, In the course OF the
examination Of the Witness that when the witness made
an assertion your Honor Immediately corrected MN,
when he was asked two three times over the same
question. 1t seems to me that as you have right to
exclude all testimony, you should consider That we are
duty well as they, ana 10 exclude any
attempt that we are TYNE 10 Win T Tho purSoes
udSe ineraham thought that the testimony should DO
excluded for several reasOns-both because IL was rrei
eyant and immateral. - 4. - - |
Mr.. Tremain-I understand your Honor 10 say you !
would allow no such testimony
Judge lngfahani-1es, br.
Mr. Tremain-I will state in single offer the subject
matter to which this question points and 1t VIII save
perhaps the necessity putting half dozen witnesses
. FTamination of witness continued by Mr. Tremain.
O. Were you examined before the Grand Juryf A. No
o. Were you present before the Coroner's juryi A.
@. Have you been several times to the House of De-
eutiOn a. Yes, Sir.
O. make arrangements that the witnesses |
confined there should have any other than prison fare
A. No. Sir.
Patrick Hart, on the subject A. No, Sir; only saw |
hem i'm the presence OF an officer; never mentioned
the subject TO Peter COchrane; had no conversation
with John Redmond.
MI Tremain read the offer just referred to above
which is IS follows:
The defense propose to show that the Grand Central
HOTEL far as the purposes for which the deceased,
lanes Fisk jr visited 1t, house OF assignatOn;
that the prOpeOrs of such hotel were standing in the
light OF prOpretOfs OF such house, that the deceased
paid the prOpretOrs Of said house large Of money
to deray the expenses Of his mstresses at different
times, and that the witness had knowledge OF such
facts
The prosecution objected to the offer. The Court i'm
excluded it. CouSel for the defense took
exception TO the ruling.
Witness Ito the DisiTct-Atorney)-Q. You asked
about conversation with Peter COchrane; there
the conversation had in the presence OF the boy.
O. viii you state the name OF the man you call |
" Henryf A. do not recOleet his other name.
To Mr. Tremain-I cannot recall the number OF times
visited Mr. Fisk No. 2l3 from the time he
taken in there up the time of his death there
several times; did not him at the time he
moved into bed-rOom him In that after no
in bed he died about IL o'clock the morning.
the last time him prior TO his death was about
quarter past Saturday evening" the next at the
time of the arrival Of Mrs Fisk about 1880 in the
ing; talked with him while he was in bed soon alter.
After some discussion and advice to the jury by the
Court their secrecy the court adjourned to Monday
morning at 1890 o'clock
CITY GOVERNMENT.