The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-09
The Arguments nj UaIlston.

The latitude and violence Of the language
used by counsel in summing up the BIZ
LlNGs murder case at Ballstun must seem
extraordinary even to those most familiar
with the usage Of courts. AIr. MoAK and
Gen. IrGHEs are both prominent lawyers
well known to the bar OF the State. This
ease has made them widely known to the
public generally. II might naturally be cx-
poctcd that such men, acting as counsel
in trial which has attracted the attcn-
tion of the community at large to q very
exceptional degree, would at least conduct
themselves toward each other with due
regard To the requirements " professional
nroprcty. But If their uttcrances are cor
rcctly reported, they have fallen very wide
Of the mark. They appear to have INDUCED
freely in suggestions. insinuations, and as
scrtions which would be unsccmly in n
police court. and which, If we'll founded,
would reflect seriously on the character of
each.
Il is fair to say that tho greater rcproach
In this respect should fall on Mr.. MoAK.
Tho most abusive passage in the argument
81 Gen. llUGHEs relates ~ the attempt on
the part Of the prosecution TO make Mrs.
NAsnBURS change her previous testimony
a. 10 the time the prisoner arrived at her
house
What vas the object NJ such scene Counsel know
that be could not prove d. Ia tu You what It means
Il was cuuuin. emanaion from dcpravcd mint cN,r
c.s with tile object oi inau, tins ury Tie setting
o ihis tray. tins hAurc srrun- uivn o.d lady,
worthy of anN man born ol woman
OF course. this conveys the idea that Mr.
MuAR was trying to lead the jury to a con-
cluSiun which ne knew to be false; but the
passage il mild compared 10 some of those
in Mr.. MOAk's speech, when lie came To
reply.
Very carly In the course Of his remark
he observed that m- opponent had played
the mountcbank. lie then likcned Gen
HrGHEs to a monkey Proceeding To com
mcnt on the family life Of Mi BILLINGS, he
said that If his Wit was no better than the
wit If his counsel he did not wonder that
his wife left the table in disgust And then
We come to the following language in the
report:
81 loved Hrenrs thank Goi' Ihavc cot over it now.
but when heard his ,Go.ts at WA mast cay that q
would have given me great pleasure e. him shot
tho spot But evcr,rody snoNs lirenre It would NOT
surrrse me II hrons should ask me to 80 and take
d driuA at tile oonciu,ion ct my argument
A. yet. there was nothing about bribery
That came in further ON. Mr. MoAK re-
fcried to Mr.. LAMoRFAVX's question to the
iuryincn as e. whether the defence had
tried 10 bride them. lie then mentioned
Gen. IlJGHEs $ statement that to the pure
ali things are pure. aud connected them in
this fashion:
according TO tins Brothor L Asoss.rN mu.t nav,
hHt hrt'il 100 Doe n.li and must ban, d,.cussedlt -
nothing OF uA' kiud las teen aiu npt,d. n,cau.c
,tg. honesty the on ers Of he stood o., way
u thc money could have n,cn used TO Advantage y,a
may De sure 1t would have bc,nus,l'
After thus charging tho defence with a
| disposition To- hribc. lac went on to suggest
that Gen HUGHl.s had been guilty OF wilf,l
fal~ehood. My learned friend told You 90
said Mi. MoAK. chat he had read Guilt
vcr,' Munchausen.' and the Arabian
Nights; but venture to say he has never
read the book that says Thou shalt not
lic'"
These extracts Illustrate the manner in
which q great criminal trlu is Icing COTE
Quoted iu the sober and onl ghtcucd stat" of
Ncw York IN the l-i quartz. Of tLc uuc-
teontA century They Justify severe COM
mcnt upon the professional method, too
much ion vogue at the lar, of making posi-
tive a.. crtiou- or even limitations. In AR
gumont, which are utterly unsupported ny
! a particle If proof. But sull moro serious
matter for reflection is furnished by a re-
marx Of Mr.. MOAks. mentioned by our cor
| respondent. He referred to the STORES
case he writes, in illustration Of the
power Of money, and hoped better things
| from the jury
| What did he moan Iv this2