The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-26
PENALTY OF PRESCRIBED PISTOL
PRACTICE.

The Shooting Affair In the Madison
street Boarding House-Heavy Dis
count on Southern Chivalry-Marshall
Magruder's Pistol Resentment OF .
Slap In the Face Not Justified in Our
Cold Northern Code-Tcn Years in State
Prison the Penalty.
The large crowd filling yesterday the Court OF
Oyer and Terminer-Judge Brady on the bench
showed the interest felt in the trial of Marshall
Magruder for the shooting OF Clarence j. Lock.
wood, some two months SINCE in n boarding house
In Madison street, where they were fellow board
ers at the time. 1t will be remembered that on
the day previous the trial reached far as getting
Jury. The prisoner with the same calm indiffer.
ence the prior day, took his seat by the side
of Colonel c. S. Spencer his counsel, while one
side OF the court room sat the petite and pretty
Miss Jennie Brown, the innocent cause OF
the difnculty between her alleged rival lovers,
which resulted in the unfortunate shooting affair.
THE TESTIMONY.
Alter brief opening OF the case by Assistant Dis
trict Attorney Lyons Miss Brown was called as the
nrst witness. She testified that on Sunday, Janu-
sry 10, she was a boarder at l54 Madison street,
where Magruder and Lockwood both boarded; in
the morning Lockwood entered the parlor where
Magruder and herself and gentleman were SIT
ting, and alter seme talk put sofa pillow to her
face; an alteration ensued between Magruder and
Lockwood and Lockwood slapped Magruder in the
II was now the sabbath and he should do nothing
that day, but Lockwood must get liked and pre-
pare himself; the next night Magruder came to
dinner and sat down; lie looked round and said he
missed some famiilar face: she told him lockwood
lad gone into the country for day or two; he then
ran up stairs.
on crossexsmination she said that Lockwood
was much larger man than Magruder, and that
he was under the influence OF liquor that morning:
when he was slapped Magruder became very much
excited, and appeared much excited on Monday
evening
Miss Nellie Gleason was the next witness She
testified that she saw Magruder come in Mon.
day evening, and confirmed Miss Browns state
nent as 10 what happened there; when Magruder
LEFT the room Miss Brown said to Mr.. Watson, II
Will tell you where he has - then she heard
TWO shots, and all except herself and a Mr.. Henry
LETT the table; in a moment or two Magruder came
down with pistol in his hand and said, sit was
not my lault that Lockwood had no pistol; had
warned him that was going 10 shoot him and
have done so; he then added, 81 dc not want 10
be interfered with by man or woman: want to
have my supper in peace"
On crossexamination she said Magruder was q
little pale, bat did not seem otherwise excited.
Jacob Watson testified TO following the prisoner
when he left the dinner table; saw him fire enc
shot over Lockwoods head and second one
Ofiicer williams was next examined, and merely
testified to making the arrest.
Sergeant Oates testified that Lockwood identi.
ned Magruder as the man who had shot hin he
also testified that Lockwood gave his name As
Clarence J.
called. but merely testified as TO the nature OF the
wounds, which were OF dangerous character.
Sone testimony was OHeTeO 10 BHOW tnat the
complainant had been induced by the prisoner
not 70 attend the trial, but this was subsequently
Withdrawn.
cesonei spencer called some witnesses to show
the good character OF the prisoner. This, be said,
was all the testimony he had TO ofer
SUMMING UP BY COUNSEL.
Colonel Spencer now proceeded TO sum up the
ease on behalf Of the prisoner, and he certainly
presented the case IN the strongest and most favor
able light possible. After reciting the facts con-
nected with the shooting az developed in the testi
msny. he urged that the shooting was the result
pf sense Of deep injury caused by what was
peemed a most aggravated, objectionable insult,
slap IN the face In the presence Of ladies' The feel
snss giving rise 10 his conduct engendered In
PIN almost at his birth. He had been born and
preught up In that section Of the country where
- resent an Insult was considered an imperative
duty, ana doing otherwise as showing lack OF
mann0od and marking one as q poltrosn and
cewnrd he referred TO the fact OF the first shot
ured Dy the prisoner not being aimed at Lockwood
and that nrlng the second Shot that he evidently
did not trtend TO hit him in vital part. Ne claimed
that All Magruder he'd INTENDED doing was simply TO
resent the insult heaped upon him. Altogether the
case he urged, presented many points appealing 10
The favorable consideration OF the Jury and no
hoped they would acquit him Of any ielonisus
Mr.. Phelps replied at considerable length. He
Insisted that II was owing to the mercy OF a Kind
Providence that the jury did not now have 20 All
In Judgment upon the prisoner as an indicted muir
derer He enlarged upon the growing prevalence
Of this class OF crimes In the community There
was, he urged. no new law required 10 nut N end