New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-29
THE ADDRESS OF MIR. PHELPS.

Mr. Phelps, in beginning his address, re-
ferred very gracefully 10 the splendid effort OF lie OPP
ponent which he admitted was proper and legitimate
appeal the jury and calculated to touch their hearts
ud reach to the bottom Of their natures as it did 10 the
heart Of every present but there some things
IN his argument which not so becoming his high
repute This was no place TO indulge in a display Of
tins kind Il personal criticism on the conduct OF the
opposing counsel. Mr.. Phelps INDUCED, himself, in
eulogy OF Fisk and denunciaton OF the spirit which
had been exhibited by Mr. Dos Passes in opening the
c,se in his unwlingness TO let Fisk's memory Sleep
Mr. Phelps finally came to the questions al Issue. He
said:
bullet Stokes but is only necessary for us 70 inquire
into the character OF thai act Now, gentlemen II this
We're moi solemn nyestigation which involved the life
or death OF the prisoner. IL would certainly be
difficult TO treat this defense OF insanity with
snv degree Of seriousness 1t would be diff
dcnlt TO suppose that IL anything more
more than trick device TO introduce evidence which,
WDJer any other plea would not be admissible and /
think it il not unfair criticism upon the character
aud sincerity OF this defense, 10 say that when the
counsel admits that he was reluctant 10 Introduce IT,
aud that he did 1t only because 10 10 do IL
wise would not have been admissible he admits that
he has no faith confidence, or reliance upon his
proof. aud that 1t Is only part OF the general
sought from the beginning to influence the jury by
tiers not properly in tAe case Where IS the proof OF
diseased mndi There is The witness stand has
been thronged by medical men, not one OF whom
careless OF bs professional reputation 10 say that in
al tue conduct OF TINS prisoner rom the hour OF his
birth down TO the present moment lie has exhibited
marx, or symptom or mental disease whatever.
There IS no evidence Oh the subject except that OF the
loving, anxious borrowing parents IN whom the wish
may well be father 10 tie thought, and who would faiu
believe that thelr son could not IN his right mind, be
guilty of such horrible crimef
TUE DOCTORS NOT 10 BE HELD RESPONSIBLE
Next we are told that Fisk died from the effects OF
rho morphine, and that the prisoner whatever imay
have been his motive intention when he fred the
bot ia not guilty The amount Of reliance laid upon
mis- defeuse by the counsel who conducted 1t may be In.
oicated by the fact as you saw that in the exhaustive
and prOtraOted opening OF TINS cause 10 aluslon what
yr was mace TO IL until after he had taken his seat
nd conuieeiv forgotten It, What Is the rule OF law
.rbe o,dest rule upon the subject, pronounced In the
,ervous ancient AngO-SaXOu OF our latheIs who laid
lie foundations OF our law, - htLd INC RUE
"a over las been "n one gives wounds
m another who negects the care OF them
81 m ne die murder or DanSaughtet as le case
may be- because Il the wounds had not Deen inc man
gd not died" IN Massachusetts,, 10 the case caod 10
xr uouOrs notice. 40 was held that II the WOuhu was
3aTeerous one THAI calculated 10 inJure or destroy
lie and death ensucd, the person VINO lnncled tho
wound is responsible, though may appear tpat the de
ceased might 0ave recovered II he had taken proper Gaze
of himself, though Il may appear lbat ~Ione leat
Y,ent rontrbuted To- the DEATH Now was II dangerous
NSaundi don't know OF anybody but Dr. CaInOcnau
WHO has screwed up his professional courage 10 the
pout Of saying THAI be would not have expected deai
fr,m such u wound Look az the records or surgery,
from which we gather the fact tbat Only ten per cent OF
me whole number OF persons receiving sDdOnlnal
,roupds recover and II we select out OF that number
Ose that Involved the most serious aceratlOns no"
many recover. Tney have brought forward rev re-
nafkabie cases surgery where the patieuts nave
bur wall notice tbat IN fhelr Illustrations
f as there was that approached the injury %
the abdomen that II disclosed mere ISN
that the first me the medical en saw FISK tne wound
WAS considered dangerous that nc WIS ADVISED az
settle up his earthly accounts Inc ply slelais
Onear n saying that after tho hrs9 symptoms oi SHOCK