New-York tribune., 1878-06-26
THE COURTS.
ToBINs TRIAL FOR MURDER
CLOSE OF THE PROSECUTION AND opKStxa a.,
DFFFNCr

DEFEScr.
The trial Of Michael TObin for murder va.
continued before Judge Benedict yesterday in the
United States Circuit Court This the first case sree
1919 Of Federal soldier being tried In the criminal
courts for the murder OF a eOInrade- BY the United
States statutes there degrees Of murder and
TObn is found guilty he mast be hanged. unless par
doned He bears his position with stOlldness that
apparently almost indifference The number OF specta
tors in the court yesterday was large.
Mr. Ficro called Private Robert Potter, Of the
engineer corps, who testified that he ten feet dis
tant from Tobn when he fired the fatal shot Together
with Private Woods and Corporal Ripley he seized Tobn
and disarmed him. The question Of General Foster, on
cross-examnatlon whether TObin had complained
to the witness Of AIberss Illicit relations with the prs
k1ers wife, was objected 10 by Mr. FerO but allowed by
The Court. Tobn said the witness, declared to him
day. in squadroon, that he thought Abers was TOO
visited his Fobins house al Highland Falls Corporal
Ripey again called to put In evidence the pistol
barrack-room OF AIbers was ground ceded by New
York state 70 the United States in 1926.
as TO his examination Of Albers's dead body The ba
found in the brain shown. II Albers was sitting
when he received the ball. his head must have been
When the prosecution rested. General Foster moved
that the VeTdcg of acqutal on the ground
that had not been shown as declared IN the indct
exclusively to the United States, namely, at the United
States Military Academy" he argued tnat no proof
had been COuld be OnerB0 OF bho conveyance
State TO the Federal Government OF the United states
Military Acad my, which consisted OF faculty as well
as of walls Mr. FerO answered that there was no doubt
that the ground where the crime was committed had
been conveyed 10 tho United States Judge Benedict
denied the notion
General Foster opening for the defence called at
tentOn unprotected condition OF the Door and
fendess soldier and eoutFased 1t with the forces that
the Government had command to obtain evidence
TO convict him. The fact that the prisoner used sncn
toy Of a pistol the counsel thought was evidence that
he had not prenediated murder he claimed thai there
mad not been hfty years such an instance IN the
courts Of the conviction and execution OF man for
Killing one who had betrayed his wife's honor.
ssEdWard W. Fuller, a private Of the engineer corps,
Testified that he bad had conversations with Iobn IN
regard to Albers's relations with Mrs1 TOOn said
the reason he went TO Highland Falls SO frequently was
because be wanted catch Of those telers at h
house.
Another private OF the corps, James Carmody, was
called During five six conversations With IoDin ne
had learned much or his domestic difficulties. A few
weeks before the shooting TObn said TO the witness
That - referring 20 AberB) was at my house again
last night; If II weren't tor CASTILLO would fx bmi I've
mind 20 shoot hlm any way" TODn said that he told
Albers his house again. He fOund some pen
MES IA his bed one day which he thought Abefs had LETT
there: he asked If he had lost money aud ne
answered tnat perhaps he had lost Jew pennies. on
crossexaminaOn the witness said thai be demonstrated
with ToBn abOnt bis threats OF shooting and Lod hm
he would have hang for it. TObin answered that 40
would have satisfaction
Sergeant Doyle, ThO bad charge OF TObin after the
shOOtng testified that the prisoner talked iDeoefenty
and unnteiligiby. The case Will be continued today