The New York herald., 1876-02-03
THE LANDIS TRIAL.

SPEECH OF THE ATTORNEY GENERAL FOR THE
PRoPLE-THE CASE TO GO TO THE JURY TO
DAY-DEATH OF ONE OF THE WITNESSES
BRIDGRroS, N J.. Feb 2, 1870
The trial of Lands resumed this morning before
Judge Reed, with associate Judges Whitaker, Harris
and Woodruff on the bench
very largo audience present One Of the
jurors quite sick yesterday, but is better to-day
Ex-Cbancellor Williamson continued his address to
the jury in behalf OF the prisoner claiming that the
evidence of malpractice acquitted the prisoner He
further argued that II had been concusvely shown
that the prisoner not Of sound mind and memory
when he fred the fatal shot, and therefore, ought not
to be held responsible, because he reasonable
being
Attorney General vanatta then arose to close the
case for the State Addressing the jury, he said:-
The service you been so long and SO faithfully
performing on your part IS an involuntary service.
You not in your positions from choice but rather
in obedience to the requirements of law. Nor am
here volunteer but rather obedience to the re-
quirements of law, and to do my duty honestly and
fairly required by law My duty has been present
TO you the legal evidence adduced TO sustain the In
dictment found by the Grand Jury. My remaining
duty is to present to you the law and construction
placed It by the State He asked the jury 10 rise
above personal considerations above what the
munty would say and do right and all other conse-
quences would come right afterward There are in this
case two principal questons:-
First, was there murder perpetrated by the pris-
oner at the barr AT the risk Of being tedious will go
over the evidence with care, step by step and want
you TO go with and whether each step along
line of argument is placed on firm foundation After
we inquire whether there murder committed the
next question is, was there lawful excuse for that
murderS The question of murder divides Itself
into four parts. The first rs, Carruth's DEATH
The second, What the cause OF his DEATH The
third Who inflicted the wound which caused his death
and the fourth, What is the degree OF his
der in the FIRST or second degree, or was 1t
saughterS These are the points to be considered in
order to determine whether murder has
been committed, and II we show there has
been one committed the defendant must give
lawful for committing that murder The first
question Is, Is Mr. Carruth deadl This question had
been answered by the dissecting knife He then pro.
ceeded TO argue that the death caused by bullet
fired by the defendant with premeditaton and mali
intent; that the bullet caused assesses and the
abscesses caused his death He denied that the prob
ing fthe physicians had caused it. But n 1t had
that would not excuse the prisoner, who rcspon-
sibe tor the wound probing the assesses and all the
train Of evils which followed the shooting He denied
that the abscesses could have been discharged and
quoted from the evidence TO show that witness had
testified that abscess projected through the orice
OF the wound This being The case, he questioned how
could the abscess have been opened without first pene
tatng the dura mater and next the healthy brain sub
stance3
Before Mr. vanatta reached the insanity portion Of
the case the Court adjourned.
The case will probably go TO the jury tomorrow af
ternoon
Samuel CASTOR, OF the witnesses on the part of
the defence dead. CASTOR a resident OF Newark
Nj. 1t will be remembered that in his testimony be
wrong with Landis; that he met Lands on
the morning Of the shooting, and made
very indignant by the treatment he received
Austin sanderson contradcted this testimony fatty
In conversation with CASTOR, deceased expressed his
belief in the sanity OF Landis This conversation oc-
CURED upon after the day OF the shooting
Ever since this testimony given CASTOR has re-
NAMED In Bridgeton. He almost wild about his
reputation seemed TO feel that his character sworn
away and talked necessarily about IT, He boarded at
the City Hotel and taken sick last Thursday. On
Saturday he was present In the court At one
O'Clock this afternoon he died His physicians say
his disease congestion of the bowels