New-York tribune., 1874-12-11
THE PROCEEDINGS.

THE PROCEEDlNGS.
Mr. Fellows in opening the defense, said: IL
becomes my duty in the conduct of this trial 10
present TO YOU the line Of defense which will be pursued
in behalf Of the defendant in this indictment sha
try. whether succeed not. to emulate the exceed
ingy fair impartial and just opening which was maze
BY the Assistant District Attorney. shall state 10 you
nothing that do not expece TO prove nothing that he
witnesses will not corroborate with their own lips irom
this shall lwander either beyond the case
consider those aspects of it which perhaps may have
been brought 10 your notice, aud to which
during the progress Of this examination your
attention moro or less have been di-
rected The plain, naked, unembarrassed question
with which have TO deal is whether Richard Croker
shot John McKenns the day alleged in this ndiet
ent and under the there set FORTH and
N he did whether that constitutes the crime there
charged because II 1t should be shown that Richard
Croker shot John McKenna the second and graver ques
ton for you consider would be the quality OF the act
ne committed That must he gathered from tue crcum-
stances surrounding 1t. and from the facts attending
them because suppose no one VIII Glspuoe trs pfe
tion as an abstract one, that the taking OF human me
without the direct authority OF law Is not G
you Whatever they have to charge against tue pris
oner YOU have heard Tner story Is that on tne hor
of the 81 OF November last it being election day ana at
a place which YOU have heard described, this man
cooy deh lerately and premeditaedy, having muiuer
his heart cherishing wicked design previously COZ
ceived and then executed, took the life OF man Dy
shooting John McKenna. We have heard the worst anu
your attention to one or two legal prGPPS. 'Pi.
sitions that applicable TO cases OF ths tn
character connect them with the 1scts IN ths
and for the purpose OF dong that shall NOT pre-
inst where the prosecution and state to you.
frat body OF the oense, the act charged ana
bty r OF T sny Doubt This is not branch OF the
unless have misunderstood the law where the ooc-
tion can proceed 10 ask anything at hands they
demonstrate beyond all possibility OF douDt tnat
must demonstrate beyond the possibility OF any reason
able doubt arising out OF the evidence that Ine emu
he hary nom
The law upon the first branch OF this proposition
qures the most absolute and definite certanty 10 IL
iustrate what mean, let me call your attention 10 one
or two facts connected with this IL was proved
that John McKenna shot. 1t was proved that he
afIerward dead; Several witnesses have tod
witness Craig, told he saw him dead at the
Morgue. Now If the prosecution had rested there the
Court would have instructed that there was no case
aud would not have placed us upon our de1ense at an
of shooting and the fact that he was seen dead
there would have been LETT out that necessary
9a Wound OF the Lands Of ne ' prisoner
his death. The law will allow nothing of in
fhnS II It bad hap%e7er hp" been proved at O'Clock
morning John MrKenna was shot, and shot by Richard
hospital, Court would have instructed you that 1t
was within the power OF tn Distrct-Attorney to show
that that pistOshot wound caused the death he would
be compelled TO do so before any case was made out
late or to reason about branch OF the aud 1t
must that the pistol shot wound was the pro
ducng OF the DEATH otherwise the jury might as
well infer that the probe OF the physician or tIe mar
administration of medicine was the cause and that II
the deceased had received proper treatment ne really
would have recovered from the effects OF wound whicn
Now to prove tnat Richard Croker did the shooting
the prosecution have called two Witnesses ana Two
OBrien. They the only two persons who have tes-
titled that Croker fired the fatal shot which mt NJ
cisivey to that fact but all the other Witnesses who
there and had an equal opportunity 70 see tnS II
tween them down The time when the shot was fred
unite In saying that Richard Croker was not the man
Mr Fellows then severely criticised the testimony of
the two OBriens endeavoring demonstrate that the
testimony OF stephen OBrien had been conradicted
any important points b. Borst, of the witnesses
fast gwen at the Jackson House on the morning
election. 1--WE have shown" he said that gang or
rufians in the hands of James OBrieD, called at the
jackson Club, OBrens headquarters. that morning to
do his work and we're instructed 70 pursue ther neIaf
acts along the whole line OF that ayenuenen with
significant aliases, VINO, under the leadership
o. Gstrc and Vet stephen OBren es
titled breakfast set at the jackson Clu0 for
these very men. pronounced thieves and roughs gath
cred from the dens of waer-st and the Bowery."
The testimony OF the witnesses Tor the prosecution
Mr. Fellows said would be contradcted at every step by
the policemen VINO present at the afray anu by
the testimony of well and prominent politicians
occurrence aud in continuing said: Who were thetwo
central figures IN this afray at the corner OF Inrty
whom the eyes OF the standersby directed but 10
S Tney were % men Who were recognized through that
district the leaders OF respective factions Mckehna
everybody that we're everybody did not know
the Geogeghan. Dan the dog anu all tIat i0ng
had 1been for years active In politics IN that dis.
trct; both had been Alderman in that ward, and
both mad for some years as being bitter op
ponents of each other. Everybody knew them, and
when they met there everybody watched a. them. why
and while that going on, where was there another
those VINO there. and what to divert their
minds their eyes from Croker and OBreD, who
toward them nobody dreamed that pistol was to be
pulled nobody saw any plst0i whe TINS ngnt was go
tog Exa
/ stand looking at you, and not solitary
one of hem with the exception Of the two OBrens,wil
We will put witnesses the stand who stood BY and
saw every particular of the transaction from first TO
Mex Mcks9aa "a and Know who and viii
man to ana ahaas ta
prominent figures who dd not take their eyes on OF them
had any pistol nor was 1t possible for them had
4 pist oil without their seeing it on that OCCASION
Now gentlemen there is another point in this connec
ton These were the two opponents these the old
enemies years, who had come together IN sharp COL
Gentlemen, upon nv honor as man, as stand
charged with the soemhites OF an OATH something akin
ing facts In this case proclaim Rehard Croker as
entirely innocent OF the death OF John McKenna as
impeacbable witnesses
TESTIMONY OF EDWARD A. LUsK.
Edward A. Lusk. the first witness called by the de-
fense testified that he O manufacturer Of dress
Goods at No. sss East Thirty frstst. He present
during the shooting lie first O'Brien on Thirtieth
st. between 6 and O'Clock, election day, between
the car track and the sidewalk Croker then stand
ing the sidewalk talking TO some gentlemen. When
struck Croker, and Croker Immediately returned the
the air Alter Croker struck Orien Le stepped OF the
sdewalk into the street. followed by O'Brien They
cr"wd commenced the parties striking each other ia
different way. The policemen were ere am.ns & them and
by the witness, and he heard shot and saw McKenna