The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-20
THE GREAT POISONING CASE,
Arguments Of the Prosecutor and the
Defendants Counsel.
T H E LA S t ID A Y
Both the Accused Held to
Answer.

Tn. Rishon. Cobb poisoning case was concluded to-
d.v at one O'Clock CITY Judge Kel;osg deciding to
hold the prisoners for at the september torn OF
tho Superior Court
Judge Kellogg entered the court room al Ten
o,co,k and in fcw minutes II was densely packed
despite mo intense heat. The prisoner, Wesley
Bishop, was brought in by an officer. he seemed To
fee, we'll and converscd with hts brother IN the
Judges private room before court opened.
Mrs Kate Cobb, the female prisoner. was
brought from the jail IN hack. she was IN
deep mourning, with her long veil down, ana entered
shortly after opened, with her mother, and took
a seat beside Mr.. Waite, her counsel She sat like
statue kept eyes fixed the paper on which her
counsel wrote notes. She was PALE though nushins
occasionally at the nvcctIves of the prosecutor. her
lips twitched as the prosecutor recaptuated her
intimacy with Bishop and the crime with whish she
is charged Her mother famed her continually.
Bishop listened attentivcly and watched the Judge,
his eyes watering occasionally, though he was very
composed
Mrs Elizabeth Cobb the mother Of Charley Cobb,
the poisoned man. was recalled this morning Tor
rccross- by tho counsel for the accused.
She Is IN delicate health and the testimony OF yescr
day was obtained with much difficulty She is much
overcome with the examination, and was unable TO
appear this morning This stated TO the Judge by
the prosecutor City Attorney Ripley. s. s Thresher
said he had desired to ask about a fcw points where
her testimony varied aud slightly inconsistent
with her previous declarations He SAID however. that
he should not insist her being present He, as
counsel tor Bishop, said, ave rest" and Congress-
man Waite also said, We rest" in Mrs Cobb's behalf
The City Attorney said that he rested in Bishops
case, and SAID he would determine In moment
whether would do In Yrs. Cobb's case. He left
the court room for few moments During this
time aud for some minutes previous, Bishop had
been engaged In OF the court earnest con.
vcrsstion with Congressman Waite Mrs. Kate Cooo's
CITY Attorney Ripley announced his return
that his brother Consdon then present, oe nn pros
expected. He would do so, and would treat Of both
cases. with the opposing counses permission. he
said in substance that the scientific evidence IS COM
plste. The motives OF the accused we bave shown;
have suggested briefly the death OF Mrs
Bisnop; have shown by witnesses the pecu-
iar intimacy and clandcstine correspondence,
or what looked So between the accused and had
deceased Cobb was alone with death and his little
children his wife was In tho streets with Wesley W.
Bishop and avoid suspicion they separated as
they came the more populous part OF the
Town. We have offered these suggestions.
Unless removed or explained they point the guilty
snes. No attempt has been made TO do his Tho
,vs1 have but tow words TO say. The facts are
hat Mrs Bishop died SO mysterious way that
Der own physician could not suy how she diec. tho
fatal amount OF fatal poison. On jane
r. v ..%s 1o.oo r cSSS was a.
limos followed by violent attacks, terminating 10
death. II the parties were unacqunincd the iacs OF
their diving tho way would be strange comet
dcncc which would call from the authorities san
tary examination. Where they are intimate friends
as IN this caso tbon we soy there 10 something exist
rug between these parties which causes this
The 'nvest'gaioa is narrowe S.. a"wn 70 !,
re and NO aelcserious ingredients in tho water
need In the house, II nothing 10 iouod TO show acct
sought for We ind people that have motives for
causing DEATH and these are the two parties accused
dcpce ne had brought forwsrd, nnd described
length the intimacy OF the two and the mothers
po'son,nr on record which trncss poison directly
the In accused, and through those into tho
food o. =, ,ns ss IA e"s. Of tbs woman
BISHOPS STATEMENT.
In the of Bishop. his statement to hts broths
lSa,ous Is tho most important point against him-a
desperate act on his part calling 70 mind the saying,
shat whom tho gods wish TO destroy they hrst
make mad,n He must have known, IL, as the Defend
suts (s,shop's) counsel wish TO show no bought tho
arsenic for Cobb alter his first attpck, that
Cobb thought he had been poisoned, a1d would, the
prosecutor thought, not have bought arsen,c Tor
him TO XIII dogs rnis lisa pttsbic story-an ostrich
concsa head Is upder bush, but tho great
deiormcd BODY OF crime sticks right out On the
subsea ueut attacks he II this story were true would
have PUSHED TO him ana demonstrated with him and
TOD MIN be was pomou ing himself Amer q tribu'o
Masonry the counsel gard that honorable Masons did
MOT do such Bishop did and he riaculed Cobb
msting tbe bu ling of the poison "A Masonic secret.
IL 10 incredible that Masonic oath OF secrecy should
DO mado use Of in small affair MS buying dog
hour ard Ihen sat down
DEFEScY
g. g. Thresher for Bishop, rose In reply and said.-
The duty of shis Court 10, II there no reasonable
DOUBT that jory upon tho evidence us u staods
you'd acau prisoner, and IL does not appear that
there Is otner evidence which trial before jury
could be obtained, no ought not to-oe bound over
sueptcion and public sentiment are not Sufficient
cause 10 hold prisoners This Court ought 10 say
that ne doubt that The jury upon tho evidence
arsenic and Cobb died means nothing. The facts
logged In By tas prusecu'oa to SHOW motives are
s0'a ".a anu sy,@c"ce to warrsn. ,nem to arrest
Inc accused They held their eoroncr's inquest
nss nss ,red As hard 70 arrest some one else they
would have succeeded Nc well think. am aston
Ished to mink that anybody should think that the
scientific testimony shows tnss tho deceascd died Of
poison. A dog ought not to be hung on the testimony
or q man VINO testines that the books dscd lev
years ago contain exploded theories. woud MS soon
hang man the theology OF tho nrst chapter OF
Gesesis as uIoa the chemical testimony Of
by MS Interest for hts client The accused. II
thsy erimiDally intimate, cou1d. nave
90 potter tnan they aid have Tor Illicit
intercourse. They had plenty OF opportunity. Why
should prosecution imagine they should wish TO
become MARRIED ruring this part OF the ooupscls
sSsument Mrs. Cobb was leaning her head on her
hand, looking down steadily nj ner knees Bishop
vas cool aud collected. Inc ,esnmony OF the WI.
counsel took up the witnesses snd went for them per.
sonaly and separately.
Mrs Kate Cobb were both In tho upper room to-
aetnsr The day Mrs. Elizabeth Cobb the dead mans
mosher, ssys sue hosru Ioo..cPs soo'c n'er se nau
reached the sitting room. As TO the poison Bishop
said ne bought for Cobb, being "A man In Office
might have wished to buy cog poison without letting
spy one know H. ss ifu wnS known that he bad pos
oncd dog u would mako him unpopular. The coun.
sel cited 'Bcst Uyon Evidence to show the differ
ence bctwc cen connected and uncoD nectcd evidence.
cAsE FOUNDED on RuMoR.
Mr. Thrcsncr was followed by Mr.. Green, Mrs
Cobb's scounsei who stated that ms her easel was
a strooe one, rumor had done IT'S worst In IL lie
begged the citizens to divcst their minds oil pretu
dice. Professor Dorcmus had distinctly said inst
his examinations were preliminary, nDd that
be had not examined for vegetable poisons,
which had been gwen Cobb by a compsrs-
tiveiy uncducatcd doctor, ana when might have
caused death. The Illicit intercourse between
she swo parties was not proved. When the two per-
sops hsd sucn opportunities for intercourse Why
should they pass letters 10 each other "a store when
OF hers were around and they were likely TO be de-
scctcd The pablo mind has been really 10 seize on
ali points against the parties. Why couldnt those two
psyt,es have obtained divorce, which Is easily