New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-28

Ton ~ the strange women" tLaughterl aesIeH
assure 'ae TyesSS the Ten Commandments especially
that which saws Thou snas mUs And hope
ervSSay that young assistant Of the he T
A,OTney St1T The seaeme OF redemption. Laughterl
wen ,hese passing shots at Mr. Russell, who eat and
bore IL like a martyr, without Withdrawing MS eyes
from the oounses the latter passed on 10 READ rev
extracts from the criminal law OF England OF 1865
which referred to the duty Of District Attorney In the
trial Of capital case.
FIRST. Did tie prisoner infct mortal wound, and
did che deceased die from the effects of that wound
You observe it does not include the question whether
ne died from the Joint effects Of the wound and some
other agency clam this theory Of the prOsecu
her niemen that the burden rests upon the people
that The law in its humanity declares that II there s
reasonable doubt the minds OF the jury not lnereS
upon the whole bat upon any branch OF ~ you ~"
bound by your oath 10 pronounce a yerm tbSt
Fisk Fdcd from the effects Of poisonous drug;
that is not incumbent upon me 70 For me That
the effects Of mOrphia but II Is enough ~ ne wound
I meet the and show that ~ was no anendent
alone that killed him. There cannot be two
authors OF death aud 1t is OF no sort OF 6edi
physician intending TO save NC II ibe injured
man dies, it would BIO false ser1 tSs tSoun "
that he died from the enoc's VI '"' "0""'
TIE PHYSICIANS TREATMENT.
r,ve Won This statement of the law but remind you
that Won are IN take the law from the Court nnhesItat
iprIv The prisoner his right TO exceptions II he
differs from the Court want you to understand when
,lc an exception 1t is exception 10 the ruling OF
.T,,d,a WI a
higher regard or his hrmness Kindness, ana sammape
oslitles bat would be acting contrary 10 my oath
should refuse ia the interest OF man whose llte Is az
stake 20 interpose an objection In any case where
fboucht there any doubt about the ruling. Every
learned Judge liable TO err We have seen the su
,rene Court OF the United States in the legal tender
fsse about which much interest was manifested
change decision upon the great constitutional qnes
tious involved And therefore urge on you TO under
od that and %ek tafs fo thS hghe.
respect the learned Judge and only because the Jaw
has eiven that remedy TO prisoner by which he can
IN.
follow. We know there is no hope from the Executive
FEEL Won must take the law from tine Court claim that
the facts, cannot delegate your reSponsi9lV
fore have OF the jury, presented 10 the
Court proposition OF law which believe TO DO SOUND
nal jurisprudence. know It will be claimed that where
good faith although the deceased may die from poison
administered in good faith the accused may syn De con
Victed under the Indictment. But do not believe IT,
care how ssifu the physicians may nave Dee1, OF
how laudable their purposes. Although sha now SNOW
YOU that the attending physicians Tr1per and Fisher,
ind not pursue the OF treatment when Dr. MoVu
and Others recommended. yet the view take of the
law IL IS totally unimpOrtant whether they did or not
If the deceased might have recovered from TINS WOUND
and his only chances OF recovery were destroyed R n
deadly drug and drug, causing coma, was the I'M
mediate OF DEATH say 1t Is contrary 10 anstage'
ceased died, in the language OF the Indictment from
Was shock the cause OF death, ask again This de,
cscd was man the prime OF life about 81 years OF
age and a OF strong aud vigorous constitution Dr.
dOns OF age and health are OF coure material 10 pe
qosti1n Ini he vas NOT raying so as TO bring him
ON OF the peril IN which every would DO exposed
who had received - bullet wound OF this description.
lie able with the assistance OF Two on tIGe nen ~
enter the recrptonrOOm, 70 pass through that room
into roo9 - and then to room Shock sufficient to
tiuse death must necessarily supey the intellectual
powers -Dr Thompson professor or materla meulea,
T wsG b s1nI1 Of the prSfsson tells you that
when heavy breathing manlfests Itself shock i
Oansbed. Dr. Cdruocan les GU that Wheh no stdyea
there at o'clock the patient was breathing ster;or,
usiy that shock had passed away II IL existed al
all. and that the poisonous drug was operating on ms
,y-tom This mistake has aroused the attention OF the
medical profession and many OF the faculty nave come
here 10 testify out Of regard for the interests OF the peO
pie Dr. Wood says that when no came the man was re-
,nscr Vas rom pertontis Dr. Macready gives cor
rObOraye opinion. Snch cases as Fisks are not neees
the very Of using the probe reckessy as had been
destroyed all chance Of recovery ana theh e was
surrounded by such Gould and Tweed
and Others VITO continually fitted around him. The
nld railroad any man to State Prison. Considering
therefore, and constitution OF deceased ms clear
intelligence through hs Illness indicating that he dd
not do shock considering the enormous quantity OF
the deadly drug taken 10y hn Isl aat mere aaS
considering that he passed into state OF coma, ask
S nov e SILVER nSg { in he
ali those. whether you feel bound to find Edward s.
THE KILLING MANsLAUGHTER.
Gentlemen. the issues in this case are so momentous
the subjects necessarily involved and which require
discussion with view TO an intelligent determination
l.
will consider any apology necessary On my part for the
length Of time shall occupy, and when you consider
words which present TO you are the last
words that viii be heard earth IN his behalf before
the question whether the prisoner at the bar shall live
die shall be decided. urge that FISK died from
poison aud not from his wound. But as
reasonable doubt arises upon the question, will
assume that he died from his wound. viii
lay aside all that have already presented to you and
assuming that he died from this mortal wound, VIII
draw your attention to the question was the killing
by the prisoner murderf" Was 1t murder in the first
degree murder the second degreel To the deter
of tins question is necessary that yoa should
have before you the statute viii ask one OF my a.so
defining manslaughter. AT this time you VIII per
ceye why can your attention 70 the statute Whlchsays
that the killing of human being, unesst be Jnstit
able or eXcusabe homicide, unless IL be nansaugh-
lar shall he murder II is therefore, the first duty OF
Jury IN the determination Of the truth OF an indictment
Ion murder 20 inquire whether 10 Is not JustaDle OF
10 ono these classes subdivisions Of homicide II IS
murder. Calling upon the humanity OF the jury, VIII
ask thom TO see whether II does not fall within that
class known rs Unsuitable excusable homicide. Aud
when you shall be convinced That the principles OF thls
case prove it, IL Is your duty 10 acQut the prisoner
Mr. Dos PassOs here read the statute defining murder
in its different degrees.l
Murder m the first degree Is divided into three
branches not one which, except the first, has any
application 10 the case The second, which relates 70
killing without a design TO kill, by person regardless
and careless human life, only in such cases
as the poisoning Of WELL the leaving open OF draw
bridge or railroad bridge, whereby persons in
rage or railway car destroyed has relation TO
This Neither has the third degree any application
Judge Dayis--It win not be claimed by any that
the case can under any other than the first branch
Mr. Tremain-Ihe quesnon submitted 10 you, Rentle-
the first bTanch-whether the killing was perpetrated
from design effect the death Of the killed or
any Other human being. judge decided In case that
came up In the Penpsylyama courts tnat NheLe man
person or q person throws piece OF timber from an
upper story Of house into the street and Kills another
tue person who committed these deeds would be muir
derer under the common law, although there was no
malice aforethought Now the Supreme Court, in
the OF the People against En0ch, said that these
words, "premeditatcd design" were precisely Ike