New Orleans Republican., 1873-05-04

6eclarant was conscious, it is refuted upon
the medical testimony of DR.. Ames and DR..
Newman both OF whom swOre that com
preston of the brain and consciousness can
not exist.
In order 10 place this dying declaration
hevond a reasonable doubt, the State is
bound to establish two important facts
first, that the declarant was OF sound mind
and memory. and second. that he was inl-
pressed with a sense OF his impending
death. In health every person Is presumed
to be possessed Of rational faculties; but IN
sickness, either Of the body or mind. the
brain is more or less effected. and some
times under the influence OF disease, pro-
tractea uuconsc;ousness ersues. For yonr
better comprehension OF thls idea, permit
me TO demonstrate its truth by the sad real
tiles of daily experience. Almost everyone
in this room can recall to mind the weepin g
scenes attending the departure OF some
Young lady from her friends, upon short
Journey; and though she nay expect
soon to return, ehe can not re-
strain the unbidden tears as they well
up from TIE fountain OF sorrow and yet,
when the same young lady - upon her
DIVING couch. surrounded by flood OF griet
and wild dispair, size, upon the portals OF
death, takes each one by the hand, without
the movement of muscle OF the face or a
tear in her eye, AID bidding d long and a
last farewell, starts upon that journey from
whence no traveller has ever returned. She
weeps when she sets out tor Cincinnati,
New York, London or Paris, not doubling
but that in a lew weeks, or months, at z :
thest, to return to her charmed circle of
endearing associations; but she Weeps not
when the silver chords are being loosed,
with eternity for her voyage, never again
to oe united with those dearest upon earth
until the sun shall be turned into darkness
and the moon into blood
Now the solution OF this apparent in
consistency is evident when We reject that
she who enlbarks upon voyage OF pleas
ure is in good health, sound of body and
mind, freely giving expressions to emotions
suggested by the occasion; but while in the
agonies OF death the body is Frustrated by
disease, the mind IS proportlonately weak
ened, and the functions OF sensibility are
dea,lened to surrounding grief and impend-
ing dissolution. 1t does not require medi-
cal authorities to attest the fact, out it is
notorious that the mind is impaired by
bodily affections. and it follows as an ire
futable conclusion that when a mans head
is broken, with pieces Of the skull driven
into the brain, and dying from the effects
of teri ible fractures, that the brain, under
such circumstances, becomes darkened, the
faculties are blighted. reason reels and
memory totters from her throne. Accord
ing to medical test;u ony The declarant's
head was broken, his skull was shivereG in
pieces to such an extent that internal
hemorrhage, compression of the brain and
death followed. Now, is it not an irresist-
ible conclusion that the brain, which is the
centre Of sensation and perception, was i'm
paired in its functions by the violent con
cussiOns which it received That being
the case. wonder how the eminent gentle
men representing he State tAttOrIey Gen
eral Fields and District Attorney McPhelin),
could expect an intelligent jury of Ameri-
can freemen to give credibility 70 such du-
biOus testimony.
Here is a man With his head broken to
pieces, the brain violently agitated by the
shock, compression pOrtending. reason tot
tering and death impending. upon whose
confused and distracted declaration the
State asks you to cons! gn three men TO the
ralloWs Great God, is it upon such evi
Gence that the common wealth demands the
blood Of her citizens. Better that the tide
of civilization rolled back TO barbarisn-
better that we exchanged our Christianity
for paganism-better that-our liberties and
lives be intrusted TO the caprices Of an In
dian council or an African palaver, if with
all Of our progress III knowledge, religion
and in the administration Of public justice,
the persons Of cur citizens are to be mpeI-
lied and their lives forfeited upon the
vague and rambling declarations UI dy 10 z
inebriates.
1t ie customaFs IL al civifzeta countries
where person 5s mo:tally wounded bE as
sassins. with &c witness OF the detT bus
Heaven and himself to Conduct those ggho
are suspici0ned and arrested of the crime
before the dying man Tor identification In
this case. Isaac Walker lived ,me len DAYS
In tad ND va
cused, from representations made to NE,
and which have not been refuted by any
evidence adducea hv the State. desired to
be presented Iace 10 face with their accuaer,
but it appears that tbs just and reasonable
request was not granted. Il is my unwav-
ering impression that the police believed
these men TO be innocent nut az tt.y VI ere
poor men, unknown and Gncared tor, their
arrest and condemnation would seem to
commend the vigilance of tho force. No
sane man will DENY thai Injustice, private
and public, is FREQ uently the misfortune of
those whose bIows are darkened; but
thank God and the State Of Louisiana that
today ] stand before tribunal whose
Judge is Abel and whose just!cc IS impair
tial.
Gentlemen, does il u0t occur To you that
there was something wrong, aye, omething
rotten in the action OF the police in net
presenting these men face 10 face with the
declarant 1t was the intelligent duty OF
the police, after arresting them upon sus-
pcon OF mOrtally assaulting Isaac Walker
to which there was no earthly witness Int
himself, to conduct the suspected into the
presence Of the deelarant Tor recognition
and. if possible. identification.
That Isaac " alker was murdered, no one
will deny: but that the accused comm ted
the crime, there is not a particle of testi-
mepy worthy Of beng credited. The court
will instruct you, and | desire the court to
notice, in the charge to the iucy, that every
person indicted is presumed to be nnocent
until he is proven guilty, and that it is i'm
perative upon the State to establish guiit
beyond a reasonable doubt.
Upon the evidenc69w hich has been ad-
ductd by the State, the accused stand ac-
Quilted in Law Of the crime OF which they
are charged; but our defense has gone d
step further in reference to Brown, in prov
ing that he was at home on the night OF the
murder. Much time has elapsed since that
sad occurrence. ami these poor unlettered
and uniufOrmed people find il difficult to
remember the day ana dates. If the ques-
ton was asked OF the Attorney General
where he was on the evening of the twenty.
eighth of August, with all O. his superior
advantages, he could not tell, and SO it IS
with the friends OF these poor mens
You, gentlemen, should he as mueh In
terestcd in guarding tie innocent as III pun
ishing the guilty. Upon the verdict of
iuries depend the welfare of society and the
very existence of our cherished institutions.
You have registered an oath in this court
and before that higher tribunal, to well and
truly try the issue between the Stale and
the prisoners at the bar, and true 3ertIict
TO render in accordance with the evidence.
Should you, with the light Of facts which
have been so forcibiy presented, send these
men to the gallows, it would matter bat
little to them, but, gentlemen, how would
it be with you when You come to die, and
10 stand before the great Judge OF judges,
with their bleody bodies as so many wit
nessas aCainst Won. IN condemnation Of