The New York herald., 1877-03-04
KNOCKED OUT on TINE.
COburn'S Encounter with the Strong
Arm of the Law.
THE PUGILIST "RAILROADED."
The Judges Charge and the Ver-
dict Of the Jury.
REMANDED FOR SENTENCE.

In tho Court OF General Sessions yesterday was set
apart by for tho arguments OF counsel and
the charge OF the Judge in the coburn trial. and to
sure disposal OF the case within the day the court
was opened an hour before the usual time. In cou-
| sequence but small audience was assembled when
tho proceedings commenced Coburn looked do.
pressed aud his friends appeared anxious, for the
crisis at hand and In all probability he would not
have 10 wait beyond sunset for settlement of the
case which so nearly concerned his future. Tho sequel
shows their anicpations correct, for sunset,
very soon thereafter, the jury pronounced Coburn
convicted fclon.
Before the commence mcnt OF counsels address for
the defence two Of the recalled To
plain some points in conflict Ono of these. MIR.
Friend Pitts, said there bullet mark ON his
dow the morning after the firing.
Tho other, onccr robias called at the suggestion Of
tho foreman OF the jury said, In answer to question
put 10 him. that policeman Is perm tied to carry any
kind oi pistol he wishes to purchase.
SUMMING ur FOR THE pErESCE.
Mr.. Brooke then commenced his summing up for
the defence He complained that tho prosecution
showed undue haste in tho pursuit OF his client On
Friday tho 10th OF February, the alleged assault
committed. ana on the following Monday the
placed the calendar OF tho Court Of General Sessions
Tor trial What was the necessity Tor such hasloY
What good purpose did IL serve? How IL when
policemen committed outrage u citizen? ho In
quircd. Mr. Brooke then alluded 10 tho reported
clubbing Of two citizens by policeman, and
quesed by the judge to omit references
TO matters OF TINS sort not In evidence In
tho case. Though contendinR that in argument
hc had the right to bring this subject IN for iustra-
ton Mr. Brooke passed to tho evidence. Eo com.
mented upon the extraordinary orbearancc oil tho po-
lice officers, tesncd to by them, under Coburn's
insolcncc, and said 1t singular thing that five
SIX officers should have arrived tho OF action
within about minuc-thc tme occupied In dscharg.
ing tho five shots. Hc said 1t was striking com
mcntary tho evidence for the prosecution that OF
the whole crowd said to have gathered on tho spot
during the difficulty only two-Canney and Byrne--
could be found TO back up the story OF the policemen
And then in nearly all the minor details these
tradiclcd tho officers Taking up their testimony piece
meal he compared critically ccrtaIns portion OF and
pronounced 1t mass Of mprobabiy. II the story OF
Byrnc true that OF Jerncs not Tho positions
Of Tho officers and Coburn the effect OF tho balls and
tho entire circumstances connected with the ARRAY
MIR. Brooke contcnicd showed conclusivoly that tho
officers had not been shot by Coburn with the pistol
produced In closing his argument he said that
the defendant stood before tho pure any man,
In arriving at their verdict the jury must consider
the man, but only tho evidence. Coburn has had
to combat many preuliccs, well as the direct
charge against him. but Notwithstanding these
cusations tho indlc mcuL rho manner Of his
trial even was peculiar enough to suggest that ruse
aud Intrigue were intended ny the prosecution TO take
the place o lar dealing against him. Witnesses proper
to the proving OF the in chief held back
the evidence Tor the defence had all been presented
while II was tho duty OF tho prosecution and would
have been but simple justice tho defendant have
introduced these witnesses at first When Mr. Brooke
closed ordered.
| .'RAILRoADISG" coDuRx
Al two o'clock tho expired and the Judge
promptly in his seat bu, not more tnan hall The Jurors
| su a q m mt rptu uru mil
halt an hour later Presently Mr.. Rollins commenced
his summing up for the prosecution He regretted that
the Jurors time had been so much occupied with this
trial. But II was an important trial, aud
one upon which pubic interest has centred
heard since the defendants arrest that u was
tcrmncd TO "railroad' hin. But f 'ralroading'
meant deprivation OF rights the prosecution rcpud-
atcd the accusation II II meant prompt and certain
punishment Tor faaran violation OF law thcn would
MIR. Rollins favor such ''rsiroading" Tho efforts OF
the numerous counsel Tor the to procure fur
ther delays wcro criticised, were also their
| efforts 10 niusc a sensational element into the
case they had spoken oi their ''manslcd aud
beeding' client until would suppose Coburn
| was 10 be brought TO the bar in sections in the
hands of counsel, each one ready to defend
part OF HIM. They spoke Of tho religious mania
| from which his mother died. and intimaled that II
Coourn were subjected to cross. he too
would probably become fcligiously mad hey stood
up before the jury and dccaImcd against outrage
on Michael CoDurn. tho brother Of the accused
Michael they SAID, III seeking admission TO tho court
room had been cubbcd by another officer; but while
they were dcclalmng against this terrible outrage
|
Then there was another very sensational element IN
tho bloody shirt.
THg BLOODY SHIRT
During tho progress OF tue trial n shirt with some
traces OF booc on II wns frequently shaken ~ tho
faces OF thc jury and tho witnesses Whose he
shrtY II was not shown 10 have been by Coburn
on the night oi the shooting. For anght Mr.. Rollins
knew 1t might have been worn by this gladiator
some previous encounter For aught lie knew Coburn
hayc whole cabinet OF bloody shirts this par
tcuiar SHIRT may have been nourishcd by Colonel
Spencer the recent campaign, or may have been
regiment !, was shaken IN the face OF Tobias who,
a distance Of ten feet was asked whether ~ was his
blood or Coburn that stained II, as Il he had some
private marx his blood. They shook Vt before the
Jury IN way 10 recall tho limos from Cymbeiine:--
Yea bloody cloth. IN Keep thee,
For wished thou sbouldst be coorcd thus.
Which :osthumus uses, and the theatrical efforts OF
counsel suggested tor d! posthuaous Snakcspcarian
work.
With this Introduction Sir. Rollins launched into
critical analysis ~ The evidence nddnccd both
lie rrst proceeded 10 d'ssect that introduced for tho
defendant 'loiicc brutality the whole key 10 the
defence, and updcr IT'S shadow Juror expected
10 and TOR tho defendant. Everything CoDurn had
Golc according to his witnesses, mid and pacific
and The whoc conduct OF the officers was brutal"
aoc bo'stereus, aud ~ every way rcprchcnsbic rhcy
had talked loud, hah aud used vile language,
whc Coburn had Kept his temper throughout, and did
not suIcr himself 10 become AZ Az angry. lie
altogether two meek under tho abusive words OF those
'UrGta. poiiccmcn' ana their damaging blows.
CONTRADICTORY pErksCEs.
Thc defendants counsel, Mr.. soiius said. were In
The position oi having contradictory deIcnccs. They
wished :" impress the Jury that tho bullets urcd nio
the persons oi the police officers we're not shot OF
the pistol producci, and u they wcrc that Coburn
didnt snoot them; wn,Ic al the time they M
sisted that Coburn, through the brutality o the police
was mado TO act ~ scfdcicncc. II was dcnicd that
Coburn had gwen Tobias any provocatIon and yet Il
was amed that tho siccr assaulted him In tho most
unprovokcd way.
CHARGING rms yrms
Mr. Rollins concluded hrs address at four O'Clock
and after lew moments preparation Judge Suthor.
lana commenced hrs charge Taking up the indict-
mchi, he said II contains four count. The nrst
count chafxci the prisoner with nring n pistol at
WJIlnm Tobias with intent 10 kill him. The second
count charged an attempt TO commit that offence the
thlrd count charged the prisoner with dscnarging the
pistol, as sci orth. win intent 10 do him bodily in
jury, aud tbe fourth charged attempt 10 commit
such assault The greater charge In the FIRST count
included tho lesser IN tho thru count But f
the jury could believe from the evidence that
the prisoner, though he had fred The shots,
did not ntcnd To XIII Tobias. but meant
70 90 MIN bodily injury they could Ind him guilty on