The New York herald., 1878-10-10
The BILLINGS MURDER TRIAL.
CONTINUATION OF MR. MoAK's SUMMING UP
.faes l ToR THE PROSECUTION. oa+

iHes ToR THE PROSECUTION.
[BY TELEGRAPH TO THE HERALD.
4s BALLsroS. N. Y, Oct. 0, 1873
Counsellor Moak when he arose on Monday to com
mencs his plea in behalf Of the prosecution againt
jesse Billings, JE, stated that he would only occupy
four hours In delivering his argument The gentleman
has already taken Two days and half aud now be-
lisvss that he will not conclude before tomorrow
night. Subjoined is synopsis OF to-day's address,:
was last considering the idea promulgated by tho
dsfencs that the homicide Was caussd by the mys-
tsrious man whom maay discovered running down
she towpash. have hoard ne evidence to
prove that such He Is
simply creature OF Imagination Men who commit
crime seek privacy. II requires very little skill for
man to know that II seen running away after such
murder all eyes would be upon him. and no would be
the observed OF all observers. Every who
mits murder has somo discretion az lenst don't
know whether you believe IN tho "Araban Nights"
but you will neod far credulity believe that
man after committing murder would do as tho de-
fonce would have you believe tho strange did.
stranger don't murass . stranger without cause.
Whoever committed tnat murder was intimately
acquainted with the neighborbood There is
nothing TO show that any one sxceps this
defendant had motive 10 get rid OF
Mrs Billings do not accuse tho w.t.
nsssss for the defence Of being lineai descendants
Of Ananias; but " 10 only reasonable that those IN
tho employ of Jesse Billings should color their evi.
dencs somewhat If those mon had spoken at tho
cOroner's inquest thsy might have cleared jesse Bill
ipgs and led 10 the arrest OF this man who was
running down the canal; but i do not believe the
story. .-,s. '
~ Place rRox WHICH THE sHoT WAS FIRED.
Mr.. Tsrhune says that he did not know wheshsrt the
east door Of the Astcalf office was open or
not; -dsniedu tnas there had been nail
In hat dCOR fOR~ Mi fho IA m
he found It open. think Torhune is doing more
fasIen tine halter around Jesse Bings' neck than
Mahoney tells us tSas Jesse took hammer away.
What did he want with the hammer = Was u not 20
.sk: out the natl Who haa an object in taking
in the Metcali once on the night OF the
mardsIi Who ooncsced he went there after
Billings want the door apsnS Is was on a
,ne wi.h ine window where Ara Billings sat-. II Is
was shot seorstsd In that Msl0Slf onoo, and 1T
was probably seereted there after the murder. This
% ouaa open pen The en- morning alter the murder Was it
not good spot or Jesse Billings 10 take observa-
deuce, aud Interruptions are simply made 10
break the force OF my argument Somsoody
that nigh. Tsrnuns was there TO bo used
Tor object aud that object Was tho murder OF
being opened before Ba. ior some reason lnsi door
open on that night. don't care whether the nail
a'ss ~ a no %
be agreed that this Tom Collins who ran
dSsn ss the oet
tracks were tboss admitted 70 have bsen made
Dy Jesse billings You are 80 eslsys That thus
into the highway and sscreted himself IN the Aetca
olacs B,Ilngs did take hts horse and wagon and 60
up the lane. II il not denied that he did. Jesse
claims he not IN tho vicinity Of the house ~ the
time Of the murder Maggie Mahonsy swore she saw
boots. coming down tho lane. after visinng his
house and arranging The room for the tragedy 50 soon
diu he DO NJ The tracks might have led, TO tue
house Of Mrs Curtis, where is possible be obtained
ace from ID. east door ci the xs.caii once INTO the
south window Of hts house. He carefully swears
shat hs thought that cas-. door was open Billings
might have sworn that IL was open, for Billings
- BrILIxos' ACCOUNT TINE
Jesse says 1t may have been seven O'Clock whom he
ss..m.ns Us IN Ss. respect onr sn.ory !: ,Sss ne lott
between hall past SIX ana seven O'CLOCK We
or o.; ana II snss sho. was nrsd AZ nsspass osnt
O'Clock u would be an hour aud half from che time
leaving .ss house: Putting log. al :. SS...s, e nine
m n.: aa sn1'' who snd ..ua. %.s
he stock the pasture lot and tho fence
being down he turned them INTO the adjoining lot:
No sane man does such Things II ne sated his oat-
tie and did all ne claimed he had plenty Of time Il
10 not possible 20 assume that n Billings
20 that lane without On object 4 don's doubt but
ne did take tnat Ii he planned
these bscx Iots Il Jesse Billings cosid no. walk
three tbs miles aud do what he said he
Ssd sors" and wagon. and could oonssqussy
fast Al hapast eight O'Clock, when 10 be dark
sssn ssSk !. 4: as.sa Once Assume % jesse
70 DO near The rca gate; gate; WIN al, dssirs ..s
,Se !SS. ~o ssy no Sa S.osue Inc reed fence would
hide him from view. Jesse had to account Tor the
tracks, and as the devil always neIpsa lar he says
a IN nn nFnfio I'm hn
hammer. There Is no evidence that there was any
fence down
titled that when be found tracks In the cornnsd
there wore also returning tracks.
Billings crawlod through tho fence Ike hog.
crossed the middle OF q 1ed, aud why did he do IL
Simply TO roach the northwest door Of the heicaf
east door. He at nrst evideRtIy intended not 10
cross the garden IN his attempt ~ rsacn the Office;
but stronger o1jess setting III ne cuts across the
The evidence OF Gilbsr, in regard TO tracks in tho
cornasld was read and found 70 DO ~ General Hughes
THE FATAL SHOT,
Blings' main object In crawling through the fence
was reach the NetcaIf ons;s unobscrvsd, that he
could reconnoitre. He steals into the Aetcalf oice
he saw no iignt IN the Reed window; ne Knows every
thing 10 dark he crawls out into the darkness and
his wife sitting near tbs wiudow; he raises the
weapon and tho snot goes where IL was intended"
MRS Reed appears her window with q light; no
10 10 impossible to escape that way. IL did not
lake Blings as long 10 vault over The fence As u
and turn down her lamp. A murderer can
vault isncs with agity u excited He had prepared
himself along ienco he stops looks back to II
his bullet has done IT'S deadly work, hears The screams
for help, knows nis success and flies onward 10
escape dsteclion and roach the Washburne House.
That had the nerve that enables Billings 10 SIT
there before this Court and Jury like stole. Billings,
like all murderers avoided tue highway aud tue peo-
pie until HIS eye quieed, his less wild. Ho
knew where He did not drop tho gun, for that
would nave pointed 10 him. Hs carries IL we'll
near by snd within two rods OF tho mousse. Between
the evidence OF Detective Gilbsrs and Deyos, The
brothcr-in-Iaw OF Billings, there is distinct va
rance. VINO has the greater motivof IL rs the
greatest mistake Of lying witnesses that they rsmsm
ber too muen Tho defence have thrown ever ng
into this but testimony and truth. How 10 gos
rid OF mis- wife was The absorbing thought oil The
prisoners mind. On the sunday before the murder
Billings asked where this very oarDinc was He round
ous. He was away several days before the muraor
Did he not thsn purchase cartridges 70 nt the gun
on sunday Mr.. Billings aud Mra Gurus ride