The New York herald., 1874-12-13

case. apart from the testimony OF James O'Brien.
ss sses soS rested ssuss me
Sey % 10 i TSa the 20
cS. rsnd who It ss %oud ss ss g s' AS 81 G %
up the testimony for the defence. and. said
yet they had done so; they did not identity the
man oy name; out they proved proved sy their % witnesses
location did nre 1t. What motive could those men
have for swearing before their God to the fact
mind OF James O'Brien, the solitary witness who
swears to the opposite, than that OF getting rid Of
Of oa'n the argument entered upon was that
nom the reliable evidence IN the case the
could not, with McKennas left SIDE to him, have
indicted that wound little to the back OF the
| that the accused did not nre, that the man did
nothing but ms duty, and yet win one solitary
lperately shot down an innocent man. the Grand
Jury indict him and he Is thrown into prison, from
speedy trial, TO submit the case to jury The de.
fence called men OF both political parties, among
a ns 0rosneF ns ., ne tae
naa no pistol, ana MT. Biglin Is lriend Of both
ested witnesses gave similar testimony. and 1t was
proved beyond peradven rurc that Coroner Croker
was as innocent OF that crime as his Honor on tho
Mr.. Clinton spoke for an hour and forty.nv
SUMMING UP FOR THE PROSECUTION.
District Attorney Phelps then proceeded to ad-
dress the jury. He said:-It Is no part Of my
passion or prejudice in your minds. The duty Of
the public prosecutor should be DISCHARGED with.
arts OF the advocate or the tricks allowable in
forensic contests. and II there shall anything in
betraying the earnestness which would be pardon.
able In the advocate trust that you will disre-
deVOtVe9 a
as l can the facts developed IN this ev-
sslsae ana to sss savs SssSs ssSs 70
crafty, no desires to be carried out seek the
81 no man. S. sesk rsa me ~ Of
guided in the exercise OF our best Judgment and
Intelligence to the discovery OF the truth relative
to nave 10 investigate Counsel then set out by
concedlng that the case wae not one OF murder IN
Of VINO sS 'ns Was
out with band OF men, stationng them here and
and aestrocton so al iepfsu who Opposed % sea- tSem
ere Of ns
that any one was there armed and ready for
n ns and his
latter ala not IRE TIE fatal shot were not pO-
beside Croker, or between him and O'Brten. the
first man accused was Croker. the nrst man on
another man nrsd the shot why aid not the wit.
ness ness cry ons "Ths man that did y has run awayT'
sseond, ,5 tine Ct Ct s1, the sts,lOns No pistol
had pistol displayed ln sight OF the oficer, and
when ne was searched none was found with him.
station house and In presence Of the ctiicers, s
charged the prisoner with MURDER, and no evi-
% int sh na that
O'Brien called out to the ofncer, ..Arrest the
murderer" Hes He saia "a the ne, Jury had 70 pass upon
the free institutions We cherish. and concluded,
after nearly an hour and hall: Dy exhortng the
gumentative one. 1.l i -
Judge Barrett then proceeded with his charge to
the jury. He said -
GENTLEMEN OF THE JuRy-The first and most
important question you have to determine IN this
case Is whether the prisoner at the bar fired the
Kenna. T There W are other questions to v which % viii viii
refer presently; but that Is the hrst and most I'M
he sns "a 80 aIa d a re
shot, then there are as TO the degree
Of guilt, 10 when shall presently advert. y has
been said that this was in the nature Of political
brawl; that II was one Of those matters In which
1t was difficult to get at the bottom OF them, to
get at the truth OF them, and where much might
be said with reference to connicting passions and
interests. In my Judgment, It Is Of as much I'm.
| portance, II not more, to solve the problem OF
guilt or innocence arising out OF political brawl
as any other fracas or disturbance OF the peace;
peace. 1t Is extraordinary from the fact that it
tends to lessen not only the general security but
their right Of expressing their wishes at tue polls;
1t is OF the utmost Importance IN COM
munlty that there should not only be
freedom OF election, but that there should
be freedom rom corruption, ana that there should
sition to which all good men ought to give tnesr
assent, be they OF whatever political parties they
and we uga 70 tose d9wn n any az
with US In politics, those with whom we sympa-
thize on general political questions. We ought.
as said, TO irOwn down acts OF violence on their
violence on the part Of those who are opposed to
against wrong and is WIN be happy day
OF freely, not only with reference to honesty and
purity, but with absolute freedom as far as. any
a. puey Of are
have no reference to the surroundings OF this case
Now II vas claimed e mere oy the Learned counss!
election. It was claimed tnat these disturbances
that there was . settled plan. by means
OF disturbance and vioence, TO bring about
at the bar was simply dlscharging duty which ne
owed TO his party, by onering sucn resistance, or
proper and appropriate In view OF those occur.
rences. 1t seems to me that these elements OF
your consideration for two reasons In the arst
place there Is no evidence OF any such exist
pae OF s % g
named Casey was beaten before this occurrence,
and that there was some other slight disturbance
but no evidence that on either OF these occa-
sions weapons were used, or that there
was anything extraordinary IN the character OF
the violence, and certainly no evidence OF any
preconcerted design or plan to Illustrate the pur-
pose OF the electors BY means OF any such vio
lence. But there Is another reason. The prisoner
does not put himself on that as . defence, that
having heard OF deeds Of violence he went about
for the purpose Of putting stop to 1t and, Gnding
that such deeds were perpetrated, had IN sell-de.
ence ared that shot, or that he for the purpose OF
tary, he says he did not tire the shot at ALL so IL
Is very evident that the matters to which have
called Jour attention., and which were vehe-
mently, passionately pressed upon you, ought to
be eliminated from your consideration. The ques-
tion Is reduced to simply whether he fred the
fatal shot at all, not whether he Justified, and
there were considerations which rendered 1t