New-York tribune., 1873-01-04

rhoinnoes "sanst men who had formed no opinion. |
them setting aside oy n power n men NV tbe two in
telgent who had acted as triers saw ~,
gent gentleman upon the jury set aside by the
simny beoause he had a speaking acquaintance witn
member OF the high and honorable urn OF fheiS so
K Co. OF uncle of tho prisoner was aiso s
Der said nothing; but when Mr.. Barnum came lot
ward who intelligent, disntorested hau no m,Su a
opinions. and pronounced favoraDy upon Ny uio
Court and by you and he set aside, dld make the
expression to which reference is made nave seen no
reason TO believe did Injustice, ana prefer .t 1uuko
Fullerton should not assume as my proxy 10 express
Of penitental sorrow which hao no reason 10
feel and no disposition 10 pronounce .
Again. learned counsel while appealing to you 10
convict this youns man ns sOG gGg s wsrI S
my fortune TO pass the latter part OF my cekshp
as law student in this old City of New-York was ae-
cusomed TO attend It's courts and have watched with
interest their operations from that day 10 this have
seen the highest learning and the nobest
OF judicial integrity and honor displayed in this great
city. have looked with admiration as citizen and
the city, upon her churches sending their spires TO
heaven upon her her wealth and everything
deny that this day NewYork City is byword and
a reprosch in the civilized world"
will deny that there time, brief in duration.
when change came over the admin straton OF justice
when bad men seized the rens of political power when
legislation employed TO perpetuate in Office men
who had not been elected to those paces when all the
oaba 81 e and saW that state IN of Rnss
tinue until the people arose IN their power ana de-
manded reform. had seen corrupt judges dethr0ned
and removed from the positions which they had dishon
Ored but rejoice to say that we have pure Judge
upon the Bench intelligent and CONSCIENTIOUS jury In
their places, that restitution and reform PREVAILS
that the day has gone by when NewYork Justly be
characterized SIS a city that is a "bywOrd and re-
proaoh in the civilized world" You will pardon me II
say that as near as can remember this great reform
began after or about the time When the earh career Vi
Again the learned gentleman told you that every week
homcdes perpetrated in this city and IN the same
train of observation you were told in substance that
your streets would run with blood something decisive
not done, and asked to set aside the de
fense characterized by the learned gentleman as slight
and unsubstantal did not interrupt the gentleman
\ wien he made these remarks because / knew there
would be opportunity TO answer them. Iney were
remarks which had place here. No counsel for the
Goyernment has right to state facts in his opening
which he knows he would not De permitted Vo put III
IL is i'm vain that his Honor taken much to
guard against improper influences that we guard against
are at liberty consider against this prisoner the iact
that homicdes the only evidence OF which may
exist In the imperfect parte newspaper reports and
these TO be pressed IN thus case against my renu
Why, eentemen 1t Is said tnat among tH AnerirSn sd
the seizure and destruction OF any number OF the Onen
one or not The introduction of this doctrine upon the
other side the introduction or savage III lieu OF CIVIL
i1ed tnsfice now give notice the upon the
other side that while shall hereafter resist at the
threshold the introduction OF any such theme anu
know his Honor will resist it, but rest upon the single
statement that If. as do not DeheVe there shaI DC
| found a among these twelve who wnen ne retres
shall consider the fact that honicdes occur frequently
aud allow that consideration TO Das ms nlnd hat lhat
iuryman proves false TO his 0ath false 10 ms cohscieaCe
false 20 the duty he owes to TINS prisoner 10 MS country
! to his God. -.
able had said that hanging for murder Is played
ont in NewYork, most improper remark to be pre-
calculated 10 nilane your preJuuces
man had told you the whole truth, he might with pro-
popuar tradition assigns that observation himself
executed upon the gaOws and IN MS own tate furnSheu
| the administration of justice in this city. And
now, in conclusion. for that is all l have
m vain that we have sought to select
the highest integenee which has been en- our pri-
walton of the law yet have sufficient independence not
to swerye duty by these outside appeall say IL Is
| in va in we
prisoner is TO be injured IN tAe sghteI degree oy an
appeal TO popular clamor, or ~ the ShEeks Oi the cO
| sol for the Government.
THE SHOOTING NOT PREMEDTATED.
What is the charge against this prsoneri ismurder
in the first degree The Court OF Appeals has decided
tha it is the duty Of the Court to read to the statute
defining the different degrees Of murder and manslaueh
ter but TO relieve his Honor far as possible shall
read you the statute, and perhaps make some com,
| homicide. (Mr Treman here read the statute and
The only degree of murder of which this prisoner
be found guilty the Court will tell you is the first
DEGREE which demands that there shall have been pre-
the death Of the deceased. The only degree or man
slaughter upon which conviction can properly is
the third degree Judges Roosevelt and Edwards bed
that an instantaneous determination TO kin did not form
ovtrruIed by the Court OF Appeals The word "medi-
tate" comes from the Latin and signifies operation
SomethnS so net These judges said that there
considerable time for reflection between the deter.
Of that determination, The attention attention d Of
! Holman
he has since called the attention of the Legislature four
times TO the adyisabiity and necessity of making law
in the first De gree and mansaughter in the third
degree which shall allow, instead OF the death of the
ioya citizen aud lawyer, shall not nvegh against the
decisions of the Court Of Appeals yet must demand OF
you, gentlemen honest earnest men, loving justice
that you decide just exactly what degree OF premedta
ton tins prisoner guilty OF, and whether he was
guilty of any; whether the instantaneous determination
to take life constitutes the crime OF murder IN the nrst
30 man can suddenly abandon the teachings of his
! parents and the Sunday school and determine in
moment TO battle his hands IN blood Tor revenge or ga
the highest penalty OF the law here and eternal
punishment hereafter Yet that was the state OF mind
the moment OF the homicide. The jury the sole
judges as to whether there was sufficient time Tor the
! formation Of the prelnedrated design The jury
told that the prisoner knew that his complaint
evidence was that he had not gone before the Grand
Jury at ,a The counsel for tne prosecution had no
that an indlctWent Fisk's complaint OF backmaing
had been found against him. The secrets of the Grand
Jury brought in to sustain the their minutes
p ,be sh IAN that an indictment should be found
against him. aud the Jury were left TO Imagine that by
s0me my sterious Stokes knew OF it, and the ev
dence being that indictment not found for days
after the sr. Fulertonl told them That Stokes
as a tp FISK The evidence was that there was
no one at window that there was no window raised,
! no conversation, ard no signal. -~tri-
IL was testified by Hart who s ready to swear 10 any
thing that Fisk wasiat the Grand Central Hotel morn
ing noon and evening almost daily aud they bring that
up and try to show that it, and knew where
be could nnd him. But later they, themselves, put
the stand witness who testified that Fisk mover came
there more than six times In his hfe lSmiles Was
10 make the prisoner suppose that imme
datey after his illness FISK would seek for consolation
IN the bosom the Morse faniyi What IL nOto
r0us that you 10 charge this Young man with know
| edge of Fisk's hauDts and purposesl Does he go
| there regularly for the purpose Of taking drink
at the bar for the purpose as school teacher TO give
lessons fixed periods to these young ladies in history
biography bellies ettre or polite literature Were they
his wards calling upon him for daily and hourly instruc
tion and guidance and information ask again what
the purpose Of going TO that house Why you are
completely in the dark about 1t to-day There is mys
terry hanging about him and the persons between whom
aud himself there relations OF
gulnty; and yet all the light you have upon this
subject that he going there regularly and publicly