The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-12

question given by the lawf II seemed hard and harsh
that the law Of man should operate 30 severely upon
into whom the breath OF God had been
breithed, comforting upon him the respon-
goodness and activity, and consigned even TO prison,
how much harder and harsher that he should he cser
nally smut up IN grave Counsel then proceeded to
dae upon the presumption Of the law that every man
must be regarded innocent until his guilt was estah
shed Nor was that a light meaning Of the law An
other motto, not less significant was the parenal caro-
which tho law exercised over its subjects In cases
where the evidence Of unsatisfactory character
the accused must receive the benefit of reosonnha
doubt The prosecution bound to establish n clear
case in order TO conviction Counsel road
authorities on tins point and added that the evidence
in this indirect and circustantial Nor ala
he undervalue the force OF that evidence He recog
nzed its necessity He knew that guilt travels in
darkness; he knew its ways were steaithy and gem
orally unseen except by that eye which watches the
sparrow in its fight Although there was much in Aha
evidence to make the jury strongly suspect guilt that
would not justify them in bringing In verdict OF
guilty He wished TO impress upon the jury while he
conceded the necessity and the force OF circumsat
evidence the rule which the law established for itx
consideration and application and that they should
see doubt they did and feel the danger arising
from its perverson Counsel alluded TO the skill and
ability which had marked the efforts of the prosecution
in this He had never known case before pre-
pared this had been upon both sides and his learned
associate far as that remark applicable TO the
Defence deserved the entire credit OF the preparation
His forecast in anticipating the modes and character OF
the attack his sagacty and an unweaned industry in
the preparation OF the means of resistance had been
unequallcd. But he (counso nado no complaint OF
the activity the part OF the prosecution. IL
commendable. II was for that such officers were
ployed and il upon their vigilance and trustinesG
that able to travel our ways in and in secu
rty rest by night In our homes Counselfurther submit
ted that the evidence OF the detective Zund should be
received with great care we'll as that of the girl
who identified the knife, and who had
been under his control Now as TO the locality Of
the murder; nobody saw the prisoner there. The evil
dencc OF Kraemer was entirely out OF the case II he
wanted TO kill the girl why travel to that desoate and
lonely pacc There were recesses enough, occasions
and times and places enough within the range of his
acquaintance with New York where he could secretly
effect ualy have disposed OF his victim. Then the
prisoner had motive TO perpetrato the crime The
murderer Of Sara Alexander was her seduccr, and
there nothing in the evidence alording the slight
est suspicion that the prisoner had any motive there
was no proof of any intimacy, no tokens OF
affection, secret, seahy association. The prisoner
waiting for his wife TO from the oldcn land
and had no motive murder tho girl. There was no
link between him and her which demanded the bloody
knife, 1t would not do TO convict under such crcum
stances. IL monstrQus and unnatural 10 suppose
that the defendant, unless he was the father Of tho
quckened child was the murderer OF Sara Alexander
and all the evidence repudiatcs such an idea While
Levy he met the girl IN the kitchen there
was abundant proof that he did. There could be no
mIsakng the testimony OF the inmates OF that house
hold that he did visit her The testimony of Levy
in reference to the cutting Of his beard
contradioted by three or four witnesses. Counsel
then described the terrible struggle that must
have occurred between the murdered girl and her
slayer and conended that the prisoner physically
incapable Of killing the girl HIS appearance tho
night In question did not show any indications OF dis
urbanco when at home nor upon his shirt or clothes
were there any spots which would mark his partici-
patton IN one OF the most inhuman massacres of the
age Counsel proceeded to review the evidence, and
contcnded that the fact that OF the prisoners
boots had spot OF blood on the heel, that il was
sworn TO that they fitted the imprns OF the footsteps
in the cornied inconsistent with all the
roundings of the case, and also that the analysis
of the blood had not been sufficiently minute
to establish any comparison Then as TO the
purchase Of the knife; he submitted that It
had never been purchased by the prisoner The
man who bought that knife committed the murder,
but the whole evidence was inconsistent with the
theory that The prisoner had any connection With it.
The persons in the who said they the prisoner
differed in their description of him, while lady who
was also in the car said he was not the man. But
apart from all this the abb he argued, had been
firmly established, for IL was proved beyond all
doubt that the prisoner was in his fathers house at
the time of the alleged occurrence Counsel COM
mented the fact that the evidence of Kraemer had
been withdrawn and warned the jury to be careful in
passing upon the other evidence adduced. He con-
cluded by asking the jury acquit the prisoner in
view OF all the facts and circumstances.
The District Attorney will reply on the part Of the
prosecution this morning, and the VIII probably
be given to the jury in the afternoon.