New-York tribune., 1873-07-03
YORK DAILY TRIBUNE THURSDAY TRIPLE SHEET

aenos, ana % gos nss,ssssIy what have DONE Checked
and appaIed By the statement. tho Coroner says:
What como 10 kill your father-what. " XII YOU t
faher ~ Tbe prisoner then thinking Of the enecs OF
nd: .'Well. 10 settle those family difbculueA
Tux " FAMILY pIgFrcUIHKs" SETTLED.
weu gentlemen 40 far a. the relations between TINS
husband father and son were concerned he certainly
did settle their family difficulties. There shai Dc nv
question hereafter iu this community about tho uH"o
Of that property thore -ha be no question ABOUT "o
custody Of the chdrn and thcre shall be no qgsShUn h
as TO when and where and how the ather shall yslt ns
offspring or whether he shall he obliged to see Jnen III
a lawyers office in tho presence OF an unoig ,c an1
hrotbcr 10 whom he must have been equally nostlr.
No such questions these shall rend his household any
more for the obnoxious man whom ms isny% ~ % in hs
all this trouble has been laid quietly 10 res. % ~ In @
grave, and the grass shall grow over MS Il.mo
and he fhnl disturb his family no .oo,DaS 70
have commenced their dnpes and the rst aoion m % b a
ban dog, as my friend MT OConorl choso % 10 Hr. 1r
tho Coroner, began the dtschnrge OF ny uuty anu @
DAYS afterward the inquest ~ held, and this young man
attends IT, accompanied by his zeaous W there m
dofatisIble, and enthusiastic counsel ana u It1 Wa
Voro gentleman occupying my place Iouny yitasted s.a
in the presentation OF this case to You there mgnc Dv
picture drawn or this tragedy which would sppa every
mind. In that inquest he was attended Dy hit cOunso
and thore. after the fullest ana ealmesL ue,4ereon'
the prisoner made statement with regard to TINS trans
Whch for the irst time attempts TO Introduce eo
ent OF prOyOoaton for this deed that Just Deiofe ne
fred tho fatal shots his father had put DIS
band TO Ills breast II draw out pistol a9d that N
eontemon OF the jury absolutely aud entirely every
shadow OF evidence upon which the widest Imagination
OF tho most enthusiastic advocate could form ans super
commission Of the deed IL does appear, then. In tins
statement. that this very pistol, after three
which The prisoner in that statement
says in subsauco that he loaded 1t. Now, gentlemen,
much has been SAID TO you about the character o tps
deceased man and hs acts toward ms family but there
has been nothing proved or attempted to be proved
whch wOuld Justify this great state OF New YORK Win
all the majesty Of its law and all The power OF Us oos,
IN nnicng single ounce OF POSITIVE violence p. up0h
the body OF this unfortunate man. There was MOTH
ing for which no could have been personally more
Injured even after fu, fair complete and exhausng
tbis young mans crime when he committed deed
which like the kne that summoned Duncan, sent his
father untimely grave, and which the whole power
Of this State would not have been Justified IN commit
tngi 1900,
we were told that this deceased man was Demon an
| iugrate. an mfuriated Wild beast and not human
10 say whenever no was found. Yet In almost the
next breath wo told that these outbursts OF his
diseased aud we may judge that so far from being one
| we should have eGecrJcd d, and whom his son was
| All nations OF the earth are accustomed ~
| look with pity, with sorrow, and with infinite
tenderness they regard them as stricken by
the hands o the Almighty. The prisoners counsel have
foroshadOwcd setdeielse. ana there ls no 5edeehs,
of insanity advanced. Tie learned counsel said to you
his address thst this young man vas ulc0nSclous ol
the entire transaction bat at the same time he graVey
told YOU and that suggestion did seem to mo to convey
| the truth Of what fell from his lips somewhere else
/ that ho had TO 10 great many things III TINS
| case that he had never done IN any other,
because had been driven ino corner He suggested
To yon and said on but there four shots that were
fired aud do not know which was the iaa SHOT nor
She order in which they were delivered ana tho young
man says that ~ is unconscious of firing more than
three shots and therefore Sou are TO believe tnat ms
did not know when he delivered the other snot ana he
ought hence. to be acquitted. My God! gentlemen II II
wore possible that this young man. however dre III Ms
u',pid have recollected the exact time Of every
shot that ho fired at his poor father then he must ndetd
! have been something more than mortal what wonder
| n that bo
exactly what TanspredI II there was any doht III hls
,hre anv doubt in bis mind today ne fired the shot
breath he says that he shot him. and that he must have
| allied him. because he was close 10 MIN Whel ne hfed
NV PRECEDENT NOT A GUIDE.
Well then, there ia another impossible and astOund
ing proposition which counsel have urged and that
is, Why should you convict this young and pro-
nonnce that Judgment upon him which the fact demands
from your sworn lips. Why. says the learned counsel
the fair fame this state been suled bY the
trial of criminal for staying lis parent and YOU cen-
in this oase upon your heads viii rest the nfay OF hay
! inc established that precedent. did suppose.
| unnl the contrary Instructions fell from the
! lips Of this venerable teacher 0t Tue Jaw,
that Jurors not responsible for precedents but that
tneir duty consisted IN simply pronouncing Judgment
! OF conviction acdutal for the crime with which
prisoner may be charged, which Is required Of them Oy
| the solemnity OF their osth2. Now again. as to this
proposition Of sefdefense There ~ nothins clearer IN
| the law than that where one proNOkes an encounter
with anotor whom he knows 10 30 hostile OF has reason
! IA ha encounter
self being the agsressOr ne cannon pieau JuSllhca
! ton OF self-dcfense. ana II their ever was a
case IN which thaJ quctriho aPpHeu "in stEohP
force II ia this wherein the prisoner ptOyOAel tnht a
interview. The interview was sought by the son ana
py The alone. lie sought IT the day before ana IN
the morning when the father IN response 10 has
invitation the interview might have been postponed
altogether or have taken place in the vestbule Or other
part te hotel where they were subject to pnDc OD-
seryation and scrutiny. Oh! gcntenen do not want
sSuyeon S ie the of ''f The 'S son for the murder Of
! his father. do not want to 40 10
None OF these ban dogs Of the law want 10 10
IT, What we want s ina! thls caSo shail Uo trao ~ M
impnruaity and fairness; but what adlure you most
sofmnly that II there be anything IN this case from
the beginning TO the end sny sueh 1ea'0haDie uOuot
created 9 your minds as 10 this young mans CUNT give
| him the eencht OF IT, Give hun, say, the beneht
| OF it. He is entitled to 1t under the law and 0y
| the sympathies OF my mind and yours. III
1nan m@t the Re evidence fairly as matter OF proof
rot speculation that this thing may have been or that
arsng from tho evidence and IL you do not find the
least reasonable doubt. gentemen and after careful
and dispaSsonate scrutiny Of the evidence you nnd
nowhere In this that reasonable doubt or when you
can give him tho benefit but iud on the other hand all
the testimony IN this points uDerrngy TO the con
clusion Of his guilt, then what you 70 do Why,
gentlemen. there is not a case OF this Kind Mind
that not loaded with appeals TO our ympsthies and TO
our sorrow for those who are afflicted We weep with
| those who weep" and We cannot help H. We would DO
ess than men II not to do IL; but gentlemen,
there is circumstance registered not only here but
tofen aEd which makes you the solemn ministers
OF Justice. You compelled to discharge your duty %
yonr Judgment and your reason dictates To you upon
! he law and upon tho testimony, and from tnat
duty yOu can escape You sit there as the pro-
tecor of your brothers blood and matter whom he
may have been he your brother aud II he - slain
by crime you to declare it, You cannot say.
"Am my brothers keeperf because by the decree OF
Providence and By the fortunes OF your life you are 80
| placed that you each one Of you your brothers
Keeper and II his blood DO sput W
| criminal violence and you shall fail to de,
! clare It, tAt blood shall cry aloud
sSainst Won while you live upon tho earti and " the
last great day that broken oath shall come np against
Won in Judgment OF that blood which shall be summoned
again af VOII
| YOU. gentlemen. | know how faithfully you have
discharged your duties thus far and know that you
Will them integently and firmly to the eud.
mt with solemn OF tho responsibility that rests
upon you cannot forbear TO adure you 10 dlS0harge
vpnr duties soemnly prayorfully and withan earnest
deslre TO 10 exact Justice between the people Of the
| fto, or ffutinft xvfz nd