The New York herald., 1873-10-29
Yesterdays Proceedings.

CONTINUATION TREMAIN's ADDRESS
Mr. Tremain resumed his address yesterday morning
Immediately after the Court opened taking up his
argument where he had rested at the adjournment on
the previous day. He spoke at considerable length
the fears and apprehensions the prisoner
in the jury believed in the existence Of them effect
ually sweeping away every idea of manslaughter
murder The prisoner and the man he feared met
pectedy, and acting the principle Of self deence, the
prisoner fired.
Counsel read extract from Cicero, in which he
gizcs the law selfdefence implanted every mans
breast He also read to the jury extract from of
the elementary legal books proving it to be Incorporated
into common law. Mr.. Dos Passos then read the
statute of this State codiiying these principles.
Mr. Tremain then proceeded consider the prisoners
testimony in his own behalf He said the prisoner
under moral coercion upon the stand and explain
his motives in entering that house. The Law makes him
competent witness. He voluntarily took the stand
laid his character to attack and he left that chair
with character unmpeached that of the District
every particular along the whole line Il was
heard Fisks threats to railroad him and to wipe him
out ana s Tb nem tpe power anu b OF a ,s
%inS how S
the window; how he was coming back when
and is in the act Of cooking pistol and acting ting upon his
d h pistol and ped ee
assaant and then in state Of bewideTment excite,
along The hall crying out to every one he met There's
titled to take into account Fsks character as known to
him. He was man of lewd and loose assoc cations
have insiigated the attack on MI Eaton unscrupu
ali tesfY Not one Witness esms orwaTd TO testify % o
any good qualities in Fisk; TO say that he was kind,
woULD saEIsE INK IRON & pgTIIse SURpERoys AssAssrss
ssa his touch was cold and elammy as the grave and
was the man who had boasted Of his control over the
wn bs & through TS the win his
strange that Stokes should Know these Women 10 Be
pointed out the carriages, OF Victor Emmsnues mis-,
e n the ep woS Sw b DO
.Why everybody in Florence knows that and the win.
tho railway pt,f with hundTsds ra % Of %nS
an Si hen Re oSS
necessary for his purposes the power that makes coones
thousand @asSsfs a hIs hack 6h 5s Was cowsrdl @
pistol" Whata commentary on the rsgine under which
he he noursaed when Fisk who would run away
of the Ninth regimentl 10 Stokes, Fisk was the
properly and bSsnsss was the agent Fisk
the e Of e Fisk % as snd
then commenced series of prosecutions against the
n sb suit ns him hs
out Stokes and nothing more probable than that
when delayed delays from f seepng an with the
oath that he would shoot him Counsel next rated
Tying pistol sfs55sa dc testimony q Mary
and en dck TO he a P ts
eSachman who o drove @ Fisk and must have seen MIN
DE ccrley whose testimony goes 70 prove that second
he Cloak terrible the witness sGhs h
Bq It e1 e Ths wpSSd in Ts oSo
bullet wound IN him but easy 70 make holes IN
for for ' 70 make reliable they should rst S0rofGSi Of all
and s IN e tes % suit 81 pe %a
the prosecution The cloak was fastened up aud folded
as the position in which Fisk corpulen man, wore
able viii he testimony % witness To%Sy hat
ne The The red ns @ q the S sf ana ns Fss hand
holes in the cloak Of which one two or Ave may have
sdd'f R meow
@ sy 9Sss oSsE e Pax is hsa S & are that
TESTIMONY THR PRISONER;
S
nSS hs Y s s me m % Rsn
ne was not bound to retreat and run the danger Of being
fourth branch Of his speech and argued that upon the
,tdse shat ns was s insane ssssp upon point a F
his actions on the stairs the prisoner has
ea 9sss hs,e %
% sp0asn bs siSsss aSsss
sd got e. as he says he IA dd see pistol ms enemys
spss Z hS Ss s De- Of an insane
the evil intentions and power Of the great whom
ssS aGSs Of ss with GS ".
snd houses Of pollution 20 railroad Stokes to prison
going aeS1 sysryw6eT. sSPrssslnE
secs or thinks he him pistol and crying out
non gs he draws h p;'Y &. ana :boos bis
he met that a shot and asking
10 get doctor And In conclusion, continued Mr.
Jrcmain submit that have proved the existence
reasonable doubt all OF the four que ston although
on one y would be enough, namely-whether the pris
onef inflicted
MORTAL WOUND FROM wHicn FISK pIKp;
whether he killed him with murderous intent; whether
me killing not justiable or excusabe homicide, and
MIND Z. not Snde.sisnd the nature q bis act
IN the name Of the law aud OF the oaths You have aken
ask demand the acquLttal OF the prisoner. i know
ine me power Of the District Attorney, and with what
sufct NC wields the artillery OF the law against this
neenceees young man The SO words now utter are
nc last that shall be recorded IN his behalf earth.
now @ ns power OF the District Attorney but there s
psa,h M ne s ca % never do e can never breathe the
a, ., ne INTO inc corrupt aud periured nostrs OF
'homss Hart dsnnomen. thank GOD jor the new eyi-