The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-05


appeal to your sense OF justice and maintain the
integrity OF the law, l am not insensible to this
In q single emotion OF enmity or one unkndy
feeling towards this defendant. II could would
not stir your hearts with a single unjustina-
bic feeling against man struggling IN the
meshes Of the law, but am bound. as
you are bound, to do your duty in this
the organization and administration OF the law i'm
pose upon you; nay, duty which comes upon you
with divine force. which demands justice against
the slayer OF man. Ages ago, over the burning
plains OF Syria, the divine maledlction sounded,
"Whos0 sheddeth mans blood by man shall his
sounded and still rings in the hearts OF men, and
In every age and every CLINE and by every people
has been an ~ the me Is SIN 1.-THE
painful to see that venerable father, that low
ing and afrectionate mother, that tender and
which clings to brother In his emergency,
When my friend spoke OF this cluster OF relatives
and friends gathered about this , man In his sx
sympathy to the appeal, every eye was dtmmed by
the unbidden tear; and when, In his last appeal 10
ttvity, peace and klndliness, they would give as
New Years gift to this father and mother ana
family the mangled remains Of 9 beloved SON. why
and hear your hearts beat. But there was another
New Years Day. Just as sweetly and gently as
all its sweetness and beauty and attraction then to
cheer men as to-day. on, would to God that this
man man had remembered then the beneacence OF the
felt the kindness Of the season. that In It's enjoy
ment and pleasures and sympsthies he had spent
passions and revenge. Better hun that then, in
the hour OF temptation, when he saw the oppor-
have thought Of the lessons i he learned At his
mothers knees and not wandered from the path Of
virtue ana truth aud uprightness Although iEnSw
human sympathy; although know cannot steel
your souls to mercy, yet ten you IN this moment
society are submitted to your care and administra
ton. that the question is not only
Snsss Ss 'n as IN
OF society shall be subverted and the care and pro-
lection OF the law made void II you should give
emotions and sympathies so freely addressed to
you by the counsel; but whether more blood shall
now and murders abound stu more, and that the
time Is come when young men can come into Court
and by the exhibition ofsorrowing friends and dis
honored relatives break the meshes Of the law.
Beach said 1t was characteristicallY cool. "Aye,"
said he, turning to Stokes, land the remark brings
now smile upon his face. He has been all through
smiles, not the s0rrowful young man described by
his counsel" II Fisk, under shameful law OF the
State which legalizes gambling, was gambler
The @sn wno to testify sa against
his character were men In constant litigation
cept Diven, were his sworn foes and violent and
embittered enemies as railroad men. And Diven
says he was genial and generous man, who had
seduced. The hariot Mansfield was his plague, his
temptress and traitress; and it was nom such lips
and those OF the woman Williams that Judgment
against character was sought. DO not judge him
harshly. His career Is run; he can do no harm.
GrOesbeck says he was physical coward, and you
e
impress the prisoner. with the idea. II am in
peril" The very idea is ludlcrous. cool
Fisk, has time to change his cane nom one
victim before a DiStOl cOuld he lifted AGAINST him.
Like celebrated duellist OF the South It mattered
not that he wore gloves and took no aim; his aim
Is certain. Who testl1es that Fisk threatened
the prisonerf Mansfield, the kept mistress OF
Fisk, who discarded him to make room for his sue.
cesssr. Here counsel turned around and pointed
at the pris0ner.) And yet the jury were asked to
guide their judgment on the words falling from the
polluted lips OF the adultress. Why did that model
steps to the house Of the harlot, the strange
woman, who leads to DEATH Here counsel turned
to the prisoner again. why transact his private
Of niamy How did he get possession Of the
private letters written BY the deceased in the
field conspire to publish thems II tue prisoner sets
up the plea Of justification he must undertake to
ssGsnss r.
case Of the People Lewis is that there was clear
lptepttQl to xii, threats heard from third parties
ali the crcumstances point to the Conclusion that
It was longmeditated design, which Is more than
Counsel hext traced the movements of the pris.
oner, driving by the Grand Opera; sees Fisk's car.
riage waiting, and thus learning Fisk would be
each other. The prisoner goes about making IN.
quries IS II he got information Of the coming in.
dictment He drives to Mans1eds, sees Josephine
Thsn he Walks yaaod Until G ssss ~
gilded equipage OF Fisk g few blocks on.
Then instead Of inquiring n the oiice or sending
IL his grSoms dress letters among the lady
the stairs. And when he reached the turn where
he was sure he would meet his victim and that
there was no escape from his tolls he gives vent to
the fendlsh exclamation,
SNOW, HAVE You"
The boy Hart heard him. The boy Redin, standing
at the foot Of the stairs, saw Fisk ascend to the
platform, and Stokes at the head OF the stairs
IRE the deadly shots. Coghlan, witness not as
sailed by the defence, saw the prisoner with his
right hand in his coat pocket
HE WAS WAITING FOR FISK.
Three witnesses swear they saw him at the head
OF the stairs He places himself three or four steps
down. for the reason that at the top suPposing ne
feared Fisk, as he says, single step aside would
save him, without the imputation OF cowardice.
soxs Jenny to-
Morse In carrying out the prisoners theory. You
have seen Mrs. Morse, continued Mr.. Beach, and l
fence to olYer for her against the vile and ungen-
tlemanly insnuations made against her by coun.
sci. and have nothing to say In condemnation OF
ticle Of evidence to sustain him, INDUCES In such
vile and unmany insinuations against lady.
You have seen her, calm, self-possessed respecta,
BILE, ladyike, instead Of possessed OF the bold
eHScnte1y CT 4 jenny Turner.
In closing counsel said:-
Gentlemen Of the jury, this Is q struggle be.
tween the law and perjury and fraud and the trial
test OF the administrator Of the law. You are to
determine whether the wicked contrivances OF the
accused shall overcome the law and the intelli-
gence OF juries. His friends are with him. he
spectablity has been subsidized to screen malig-
nant murderer; but do hope that you will prove
thOuUn ability be subsidized and
young Christianity surround him. it cannot pro-
tect him from the punishment OF the law Mr..
Beach concluded, after an address OF five hours
duration, by soemnly adjuring the jury to perform
their whole duty In the case.
At the conclusion Of Mr.. Beach's address Mr. Tre-
main rose to call attention TO language In REFER
ence to him, used by Mr.. Beach, and which he was
not accustomed to listen to in patience. He (Mr.
Beach) said that he used ungentlemanly remarks
In reference to Mrs. Morse
Mr.. Beach, said 'insinuations" upgentlemanly
Ones. and [ consider them SO still.