The New York herald., 1878-10-12
THE BILLINGS MURDER TRIAL.
Conclusion Of the Summing
Up by Counsel.
JUDGE LANDON'S CHARGE.
A Forclble Review OF the Evidence and
the Law in the Case
WAITING FOR THE VERDICT.
[BY TELEGRAPH TO THE HERALD. ]

[BY TELEGRAPH TO THE HERALD.
BALLsroN, N Y, Oct II. 1878
After occupying the Court and enchaining public
attention for Ave weeks the Billings murder trial
draws TO termination Its evidence. made up Of the
testimony of more than hundred witnesses, IS all
In the lawyers both sides have concluded their
Arduous abors to conviction or TO clear their
silent accused OF cold blooded, prsmeditated killing
Of his own wife; the Judge has reviewed the evidence
instructed the jury upon law OF the oase and
ISSUE OF fact Is awaiting the deliberations
oi the twelve citizens who compose the jury
The chamber to-day was literally packed.
Ladies from the outset formed the major part OF
the audience. To-day they crowded In early and
NAMED TO the last They we're seated In the windows
and every place where space could be obtained.
Around the prisoner were mis- aged fatner,
ms uncle relatives and counsel When Judge
Landon delivering his charge-and tho
points OF the evidence were reviewed in
succnct, clear and careful manner-the
venerable DR.. Billings deeply moved and nut
tered, "Oh, myl Oh, myi" The jurymsn atteniiveiy
listened to the Judge aAd carefully noted his state
nent OF the During the entire session OF the
the dsmesnor OF The prisoner has been matter
Of wonderment. At no time has he shown the least
evidence OF emotion unless has been hilarity,
cspl daughter Jennie appeared the stand.
Then he aversed his face This afternoon, when
the Judge was referring to the crime, he picked
up penhcldsr, dipped the pen IN ink
And traced outlines drew fancirul shapes sheet
Of papcr The lines thus marked wero firmly drawn
and shaded as accurately as engraver could do,
betrsyIng evidence Of The smallest particle Of
emotion abnormal movement OF hts nerves or
pulse. When Judge Landon referred him
siher innocent wonderfully self-poiscd, Billings
shocked his pen, glanced At the Judge and re-
nFunh hia Ina ha,n
before. Az soon the Court tsok q recess he
laughed and joked with the counsel and bystandsrs
svincing the utmost chserinsss OF disposition.
Jennie Billings Is at Saraoga, In company with The
Harris family, and has left Instructions tee-
graphed the purport OF the verdict. John Sherman
is about the court house. awaiting developments
Mr. Noak occupied two hours this morning with
The conclusion OF his argument, making . strong
appeai 70 tho jury for the convctien OF prisoner
JUDGE LANNON'S CHARGE.
Judge Landon commenced delivering his charge 10
he jury At quarter past twelve and concluded It In
Mo hours and fifteen minutes. Addressing the Jury
Ae said:-
"The prisoner comes into court surrounded with
the humane mandate Of the law that he is to be ad-
judged innocent unless the evidence proves other.
wise You must acquit or convict. II such con-
elusion be possible, you must decide the
ease according TO the uttermost dictates OF
your belief; You must weigh minutely every
slew. There are seldom witnesses to q
crime OF this kind. The assassin needs to seek tn
Bolitude of the night to commit his murder. This
leads 10 the necessity OF circumstsntia evidence to
sonvct behalf OF common justice. There is diroct
evidence OF the killing Of Mrs. Billings We havo
proved her violent deaih The fac, OF murder In the
inference, TO be established or no. by the
testimony. mans acts indicate his motive. You
that clock the wall You know
IL is In motion, yet do not SEQ the
nscninsry. There is the circumstartial inference
10 govern your belief You see a tree standing; you
sannot look At IT'S beneath the surface yes from
srcumstantiai evidence. you infer and believe IL has
roots to sustain H. Your mind is satisfied and your
knowledge complete enough TO justify tho assump-
ton just 80, complete conviction in this case
the circumstances must verify tho inference
that the prisoner Is guilty About the tracks
iracks arc four feet apart: YOU conclude Inc
person making them was running. The attempt
nation OF rope; each thread Is woven, and a hum
dred woven together makes The complete coil There
10 but way to aeside this case, tnat Is ac-
cordiDg to the evidence and the honest convictions OF
your minds 1t is dinicuh for . conscientious
mind 10 conceive the possibility Of per-
where u mind is dspraved, a tr,ns wlli
lead to murder. Fame envy, hatred Jealousy, anger
to brutal mind. In this you Will inquire into
conditions probable to lead TO the crime. II you
Oelleve tnat the prisoner motive Wall weigh
the testimony on that point Whether the motive
was real imaginative Is Tor decide There Is
talk OF aduiierous relations with MRS. Curtis. There
seems to be no doubt OF the overwhelming
Jealousy OF the vile Of the prisoner.
Il is but just 10 the prisoner to
state that there Is proof OF Improperly on his
part. The daughter sides against him. What the
condition OF the prisoners mind the afternoon
Inc murder will be a subject OF careful inquiry.
There were circumstanc about the which may
appear essential IN your deliberations. There
Islander suit In progress, annoyance from tho wiie
and trouble In his housohold HIS vsit 10 tho moth.
er-nAw and his request to nave The wiie taken away
NOT proof. and you must decide upon proof alone.
THE DEADLY WEAPON
pass to the consideration oi the means OF the
nime. BY what weapon was this doncY Ine people
claim II was the Billings carbine, that this gun
was A. 100 inch calibre I,l.. rney found snci in
The gun from which bullet mad boen hired this Is
an importaDt TACT. The people claim the lead found
In Mrs Billings head represented A. 100 bullet.
lions well known to him, declares IL TO be q
a. 100 ball originally. But It seems thss
whereas buiIst OF that should welgh 30
when IL left the gun. They assert the bullet could not
though nine grams is the maximum loss that any
ono knows Of the defence claim that tho lead iound
IN her head the powder on tno sill and other i.di-
cations prove that the wound that killed Mrs
Billings could not have been iuflctcd by The BILLINGS
csrbine. Witnesses testify that II the bullet had
hred IRON that gun At the distance II seems TO have
been done u woulc have gone entirely through her
head Dr. Ward thought the hole IN Inc window
too small 20 allow ~ 100 bullet TO pass through. Mr.
Baucus testified 90 si,ntar effect Dr. Ward stated
that he found indcntat,ons on the widow
sill whicn convinced him that the nrcsrm
used have been short bsrrelled
weapon. Tncy did not believe that powder could
escape IRON long barrel before CON bustion had
entirely consumed IT. A revolver would have sent
forth OF the powder before IL exploded DR..
Ward thought the window indicated that the ball had
struck at low velocity. Tho defence claim
accounts Tor the Tact that the bal did not 20 cntircy
through the head OF Mrs. Billings These ex-
pcrn brought here, not because they
know anything about this case, but be-
cause they may sucidatr certain matters, TO
more readily enable you to arrive st the conclusion
whether not Mrs. B.lings was KILLED by tho
buc. You will naturally inquire why the gun came
70 DO In the weilfwny the empty shell happened 10
be IN the carbnef II are not convinced tnat this
carbine use0, then material lnK 10 tue chain OF
circumstantial evidences Is lost 70 the people
- THE ALiBi QUESTION
The theory OF the people 10 thai he had his route
Marked out. fastened mrs horse ~ the gate, re-
turnsa To tho house, saw his VIE seated Wy the
wihaow, Killed her, rau across nelds, uniastsacd