New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-30


was overcome with excitement and anger so that he
In that condition called ny tho statute OF tho
approach he shot him. without the design 20 efct DEATH
with this very dangerous weapon, the pistol no might In
the absence Of those things which created usabe hOmi
eide bo convicted Of the ofen.e Of mansanghto In tho
third degree o. n he killed Fisk without beng himself
I'm danger and without having reasonable cause 70 sup
pose he under the circumstances without any Do
10 c Of another he may be convicted of
mnnslaugbter in the fourth degree Now, gentlemen.
finding Of fact on which there may be Conviction
THE IEsTBOSY OF TIE ACCUSED
Now what we're the real facts circumstances that
surround the transac.ion Who arc tho principal Wit
nessc. rolled upon to describe the incidents which
roborae those which from the mouth Of the prs
oner bimselff am asked by the learned counsel for
the defense 70 charge you that the testimony OF the
prisoner is entitled the same con deraon and weight
as that Of other witnesses unless 10 W iHP''0N'u
Mr.. Treman-we say that the fact that ne was N.
deted rs no Impeachment. and that his testimony l. 10
be weighed subject 70 tne same rules as any o"e' c
The Court was about to say. gentlemen 10 refer
the requests to charge you tht h3 4c. .Ht t
prisoner was under indie meut murder - not any
impeachment OF bis evidence on ms uAl' Inc Nv
allows him 10 he witness, ana the Jury 70 cobe!det
witness The bar0 fact Of indictment Is not an i'm
parchment That Is correct. TIE residue OF the request
That the allows him - be witness, ana the Jrv
should receive aud consider bis testimony one same 20
that OF any other witness, T. true 70 ms extent
The testimony is to received and considered precs ~
az that Of any witnesses testfyBg undof similar
circumstances The law does permit the person accused
of crime 10 be a witness ia his own behalf have Moth
ing 10 do with its policy prOprety I'm cF cases tho
law allows parties to testify their behalf IN ac-
tons with the exception that party s allowed 10
give evidence Of a transaction or conversation had WIN
deceased party against tho representatives % snon
deceased pary that to say under that law who're ONO
party the transaction IS dead the poAGy Is LOl ~
permit the living party 70 the raihe uaIst'ton'
being interested party In question az ullgaton
10 testify to transactions had wth INC uea9 pIt{ Dus
the law relating the admissions OF criminals dd NOT
make that exception; and although 10 ~ Ciam9u ueIo
that the lips Of Fisk sealed IN death Dy the very
transaction which tho prisoner describes; under inc or
OF the ease IL Il ciahev, S'Doo - 49,"
! makes him a witness Notwithstanding he IS the Only
living party 10 the particular Transaction, the jury
should scrutinze his testimony careiuy ana Ye il 5Ien
IL iscnted TO- That il the true rule. and correct ono
IN such a case. You 70 remember, as 10 All cases;
parties %heep n ne a 9 o,r,i and 10 look AZ that
testimony through the medium Of their relation 10 ING
case 10 satisfy your mind that Il Is or Is not coi0od
by that relation Sad 50 a. 70 T6st ia te rule here
The prisoner stands trial affecting ms ne he gfes
# entirey true and believed exculpies him. And tho
Court onght say here 10 the Jury thar they must
under such circumstances look at tge testimony ,
| fuly compare It with that OF others wnOm theJ
beloved aud who dd not occupy such relation as sho
prisoner, see wherein there IL CONNER, o
whether IL DO true not under Tue eirounstdnoVo,
That your duty IN respect 10 tliS eNdescs ~, yG III
having that through the medium o the rotation lao
come to the conclusion mat IS rue IN Pa nncb
| entitled TO the beneht or thaJ JUS, az mucn
as int from some other party Bag II you eoho
30 the conclusion that II Is not true or thal ia 10 esu
ta parts is not stated 10 you as mater OF c9LIe
! IL "a entitled TO- Now, gentlemen, having satoi 70
Won this ofense and the law applicable to ~ feel my
du 10 call your attention % the grave qutsuph aS o
whether not the facts and circumstances 81 the se
satisfy you OF It's truth and IN respect Oh IIl' as ..
! to preface what say by repeating II
Is altogether gnesLiSn I9r m r. s% or ~" ,lre on
question Of fact which may give N the couis7 ~ W.,
charge not at al control you the eserese your
Judgment the facts, and suggestions Ot the C0nr
should be used or applied unless II concerned III your
Judgment to the truth in tho Now, gentlemen,
call attention TO some Olltt UOLlN one "
which Is as 70 whether the testimony OF tile prisoner AS
TO the meeting the stairs and this attempt OF Fsk
to ossail HIM is true or OF involved IN
thls Is all the testimony have alluded to- but which Is
ShoW az Design to kiIg5nE to the hotel aud
| the laying remaining there the alleged awaiting At
in the consIiiration 81 The question, whether or not
Fisk endeavOriEg 70 commit crime upon o-ohes,
Or doing acts winch. under The Ia ~ JuStAeI St0A1s
IL shooting MIN
! WERE THERE TWO PrsTOLsl
But that Is not all that bears this proposition Ia ID
true stated by Mrs Beam that Fisk out OF that
door and drew pistol there and returned 10 tho
stairs II about 10 assail somebody That is claimed
here as sorroboratng the prisoner Tut It IS for to
say whether that be be not true when taken In c0Bnec
ton with what IS stated 10 the point by the prisoner
himself that the pistol was drawn or taken GOT aiter
Fisk had reached the end OF the I does not APP
here by any distinct proof except rom be mouth
OF the prisoner and Mrs Beau that FISK that OCrsOn
had any pistol Is Nr4. Beans statement true Oucf
That for 70 determine, As 10 MS drawing ms
at the door If he did So then he had pistol Is
the prisoners statement true that the pistol
was drawn the stairs II 50, then lie
had pistol. But OF all tine persons who
were Immediately called there, who arrived there 10
arrest him. three or four in number saw hO pistol The
stance to be considered by you 10 the question
whether there there or not. what had Deeome
OF III Is most interesting question In this Case III 40
had one there Jennie Turner says she saw woman
up the stairs, her at the head OF the stairs with
the pistol IN her hand, which she says rhe pcAed nl
do not recoect the exact phraseOogy-elther at the
foot the stairs That person she SAWS,
went with gentleman who stood by into parlor No.
2o7 where the pistol IN question was found now gen
emen the declaration OF this party Is before with
out oDecton-that person hal Drought up the pistol
You right TO consider it and 10 what weight
1t has The person * not Produced perhaps could not
be but the fact stated by Jennie Turner that
woman with pistol In her hand, and that fact yol ere
pistol IS that NO evidence IS gwen TO en-.
hghten us on that subject; party Is SAID
was done do not The pistol that is produced
here found the sofa. between the back aod the
h admitted all hands to have been the pistol with
which the shot fired. There evidence as 70
whether dropped AZ the head OF the stairs or whether
ratified down stairs; whether he carried C into tho
to which he started to co. thinking as he says.
not ~ see a. IL thrown Mr. Hi ia not see any.
though the prisoner throwing something. Hart
says Inc went 10 Tue door of No. 2O5 and m says No 40
or 200 and made similar notion What became Of tho
pistol by which the shooting was dOnet We do not
NOV unless IL was thrown in as Hart believes and
know only that II there. IL is for you 10 say
what Is the just and fair nfereucelf pistol was picked
up whether 10 che pistol now seen, or some other
pistol; the pistol Fisk had the pistol Stokes had.
IL most unfortunate fact IN this case, II 10
be true that there were two pistols that other
in no wise better accounted for by
evidence which have referred Thomas Hart testi.
es that after the frat shot Fisk sank down. fel and
the second he went TO the foot OF the stairs
think he he slipped down on receiving the second
snot Redmond says that when Nc was sbVI me nrst
time he partially fell ami that when the second sOt was
fired Redmond says be ran OF Now where did Fisk gof
Two witnesses are called mere VINO describe sotlbg FISK
at the foot Of the stars-One OF them tailor, who
business the immediate vicinity, VINO say thar he
the exclamation. God; is there none To help me 2"