The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-10-28
resounded through the streets more than 1900

years ago, OruclIy MIN.
The counsel having commented on the man
ner of the district attorney in examining the
witnesses and want of dehniteness in stating
the exact cause of death in the indictment,
said, Il shall now proceed to consider the ques-
ton before you under four separate heads,
First did the prisoner inflict the mortal wound
with the pistol which he held in his hand OF
which deceased died. Second, If he did, was
the act murder or could it be merely man
slaughter in one of lesser degrees; and in con-
sidering this 1 shall leave out of view the ques-
ton as to whether Fisk had pistol or not, ana
shall ask you to consider it in the light OF EVIL
dence and wholly irrespective of the next two
points.
Third, If the prisoner killed Fisk, was the
killing justifable homicide.
Fourth, If be killed Fisk and the killing was
not Justitiable homicide, was the prisoner sane
or insane within the meaning of the law
The physicians, Tripler and Fischer, did not
follow the course prescribed by DR.. Hood and
the deadly drug administered produced coma
and death. The jury cannot find that FISK
died from mortal wound inflicted by the pris-
oner.
have died of the shock within nineteen hours
after exhibiting such intelligence for many
hours after the wound was inflicted. go
The counsel went on to argue that healthy
reaction had set in; the patient was Intelligent,
cheerful and even facetious. There was
an OK in his own words. He might die OF IN
hammatiop, but he did not. Did he die OF the
shock or of the deadly drug and stupor 1t pro
duced? he made his will, and the will lndl-
Gates it must have been made according to IN
structions. "How." he asked, could the jury
find that Fisk died of the shock as the lndlct-
ment alleges, when medical men, the highest
in their profession, found steiterous breathing
which indicated narcatic poisoning and the aD-
sence of shock?"
New YORK, Oct. 27.-After the reading OF
the forty -ive points which the defence desired
the Judge to charge the jury upon, all of which
were in favor of the prisoner Mr.. fireman.
passed to a critical examination of the
testimony. He said he believed Thomas
Hart to be a rotten, perJured witness. and as
the pit of hell. He considered Jenny Turner
truthful witness and Pat Logan an honest
man, if he was discharged from the police. The
testimony of James Redmond, as well as that
of the prisoner and others, show that Stokes
was on the left side of the stairs and not on the
right as Hart testified, and the holes in Fisk $
cloak prove this also, and yet it is on the testi-
mony of this Hart that the prosecution rely to
hang the prisoner and the counsel commended
that if Harris testimony is unreliable, away
goes other testimony to build up the miserable
theory of waylaying and generalization. He
then referred to the sudden appearance of Re-
corder Hackett as witness as follows: AN
other principal witness for the prosecution is
John Hackett, the principal criminal Judge of
the city, 1t was unfair to keep him back until
Saturday, when the case was to close, and it
was only by the most superhuman efforts that
they could get the witness Stobo in time to give
opposite testimony Either Recorder Hackett
told his District Attorney before the case closed
or he did not. If he did and he was not called
to testify, the government attached little i'm
portance to it. If they did it was not fair to
hold upon them at the eleventh hour. If he
never told them before, what excuse can he give
for not putting the prosecution in possession of
such important evidence?
He might have put some charitable standing
construction upon seeing Stokes on the side
ought to follow the decaying wings. Where is
Tweed who was at the bed side of Fisk?
Where is Barrett that they asked the prisoner
so many questions? Where are the judicial
officers whom Fisk could influence as he
boosted, $50 that he could railroad a man to
States Prison? They have all gone in the
memorable and historic words of Jim Fisk
where the "woodbine twineth." Where is
Mrs. Benton, that we heard so much
about. There are some of them here but at
the eleventh hour Recorder Hackett comes in
in ether place to prop up the prosecution.
Every other theory having failed he comes to
send the prisoner to the gallows When a man
comes after two years and two trials and gives
testimony in the manner that Mr.. Hackett
does. l should be recreant to my duty as a
member of the American bar if [ failed to
speak of him as the occasion demands.
When Mr.. Treman had only got through the
second general head the court adjourned.
The Trast Company and Lake Shore,
NEW YORK, Oct. 27.-The Times says-'Fi-
nancially the Union Trust Company. is, we
fear, ruined beyond redemption. The creditors
will get, we hope, the whole of their money,
certainly the most of it, but the work for flu
ture use or usefulness is at an end. The Lake
,,,%., I'll
tality Its credit was badly gambled with last
spring, and ruined in the house of it's friends
and we apprehend from what we hear on the
streets, was thus imperilled because the late
president and his colleagues of the executive
management, favored the transfer of control to
other SPECTATORS.
Later about the Trust Company.
s p. m.-The various reports in regard to the
affairs between the Union Trust Company and
Lake Shore Railroad were freely discussed
again today. Upon application to the Union
Trust Co., this morning, the following state
ment was made by the counsel:
On Oct. "a, the Lake Shore road owed the
Union Trust Co., 81 sos, 979 80 which debt was
adjusted by an order of the Supreme Court,
made and entered Oct. 25th and secured on
good security to the full amount and with
promissory notes of the Lake Shore Co, in sums
VARYING from S45,0O0 and upwards, all bearing
interest at per cent. per annum. The notes
are in the process of negotiation and realiza-
ton and the receiver has assurances that the
notes will probably be retired in 80 days. Also
more than one half of the subscriptions needed
to double the capital had been promised, and
finally that the company will probably be re-
organized and reopened in short time.
Another Account.
In consequence of the contradictory rumors
and statements relative to the effort to effect a
settlement of the Union Trust Company loan
to the Lake Shore Railroad Company the agent
of the Associated Press called this morning up
on E. B. Wesley, receiver of the Trust Compa-
ny, who authorizes him to say that the trans
action has been definitely closed; that on Sat
urday he obtained permission from Judge Fan
cher to accept the Lake Shore Company's notes
secured by Commodore Vanderbilt with the
Harlem railroad stock at 90 He Wesley, now
has the notes in his possession.
Wesley states as within his own knowledge,
that when Commodore Vanderbilt came into the
presidency of the Lake Shore Company, after
the death of Horace f. Clark, he found the
debt to the Trust Company amounting on the
Oath inst, to the sum of 81, sos, $40, a debt of
which he had previously known nothing, and
in the contraction of which, he had no personal
share; that this loan was made by the Trust
Company at per cent. at a time when money
was very cheap. and lending at A to per cent.
and that although Commodore Vanderbilt per
sonally, was not responsible for dollar of it,
he had, in order to take care of the Lake Shore
interest on one hand, and to keep the Union
Trust Company out of its difficulty on the 9th
er,put up his personal security as collateral for
railroad companies notes, which are drawn in
the following new and very stringent form.
New YORK, Oct a, 1873
month after date, and upon the return
of the collateral security described be
low the Lake Shore q Michigan Southern Rail-
way Company promised to pay to it's own order,
dollars, for value received, at the Of
fee of the treasurer of said company, in the
city of New York, with interest at the rate of
per cent. per annum, having deposited here
with as collateral security, with authority, the
holder hereof, to sell such security at the br o.
kers board, or at public or at private sale, or
otherwise, at the option of such holder in the
non-performance of this promise without de-
mand of payment The holder hereof may
purchase the whole or any part of such secur-
ties, discharged from any right of redemption,
retaining the claim for any deficiency against
the said company, and any surplus arising fro m
such is to be paid to said company in shares of
$50 each, of the capital stock of the New York
& Harlem Railroad Company--the said compa-
by reserves the right to pay the amount named
herein, at any time, upon giving the holders
hereof, ten days previous notice in writing, of
its intention so to do. The interest herein to
cease, and the collateral security upon payment
being made at the expiration of such notice.
(Signed,)
THE LAKE SHORE & MICHIGAN SOUTHERN
RAILWAY COMPANY.
By E. d. Worcester, Acting Treasurer.
Religions.
The Episcopal Board of Missions held their