New-York tribune., 1879-10-16
DEFENDING JOSEPH 4. Blair.
LONG ARGUMENT OF JUDGE TITswoRTH.

LONG ARGUMENT OF JUDGE TITSWORTH.
BLAIRs CONDUCT JJsTlFIABLE-ARMsTEONG' con
Trajectory DYING STATEMENT.
Upon the opening of the BLAIR trial yesrer-
dav AL Newark Judge Ellsworth began summing up
for the defence He said the jury Tins l. SOL
emn time TO YOU 10Y friends, the counsel and that Gear
family We have been investigating tragedy winch
has attracted the attention OF the whole land The time
has Dot spent III vain, aud good Will come out OF
the tria in the highest nope that at last
tne course OF this unfortunate man Is understood /
feared might not BE- able 10 show bY gOOd evidence
ms entire innocence.
The defence submits these propositions. Firs,-If
The Jury believes tnat Blair fearing Armstrong; vc-
lence toward himself. mis- and children. procured
the pistol with intent only of protecting his Own and
.fheir lives in case Armstrong should attempt 20 execute
he hreats auywherc the premises. then he cauuot
be held censurabe for procuring that pistol
with that intent secOnd-If the decreased man Was ex-
cessively his speech aud conduct prOiaEe aud
abusive and II threatened % shoot the Defendant,
then BLAIR had the night discharge him and require
him 10 leave the premises; and II Blair did Arm
srroug WAS trespasser Il he remained. Tbrt-If
strong Threatened 10 shoot IN the presence OF Mrs.
Blair and Blair knew ne had pistol In his custody In
the barn and the defendant, from prior conduct.
had reason joined Will these threats, not ouly
for bic own life bur also for the hives or his
Children then justified requiring the deceased
man 10 leave HIS premises altogether and once
20 keep him MS eycsight until he had 20 left.
Fonr,h-If the defendant demanded from the coach
man the KEYS and told leave the and
Armstrong made answer 10 such demand such an
equivocal way as. To with YOU; II give you
KEYS ran for and up stairs, 70 allow Blair 10
have reasonable Co1bt whether meant To deliver the
keys or mischief. TO DO him. his family.
either OF them. bodily harm before leaving
the premises, then the defendant just-
ned In following Armstrong keeping his
eve on him until ne delivered keys and left
premises with the inteDt preventing the eoachman
from doing that mischief Flfth-And II the jury De-
heves while Blair thus keeping Armstrong IN his
eyesght that the latter intended the defend
ant reaching for the pistol with that intent
the defendant justified N disarming the coach
and n he had reasonable ground 20 fear danger
10 his O~nife al that aud believe that his
peril imminent, ne justified then by the neces-
atty OF his situation. u shooting the SixthAnd
n all the above propositions established bT the evi
dence case OF the defendant ercusabe.
and he jury should acquit"
Judge Ellsworth then proceeded 20 discuss proDo
Armstrong of bad heart.
He told Blair that he never drank. and yet
the day he said 10 Matt King thai he
just good spree. Armstrong poured abuse
upon Blair and refused 10 obey HIM Blair would not
haye been have acted differently IRON what he
did ON Lis premises. No law required LIN Keep
oui of the barn. l. Armstrong could have ordered
OuL tAtA auy tramp coLd have dOue Mr. BLAIR
wanted 90 appeal 10 the Law by curses. Mr..
Blair got A ilstol, intending H. Dul 10 ro-
teci feI II ~ gOt Tie pistol u shoot man, why
dd De- 10 thea lie had abundant OpportunltT.
He thought 10 Armstrong knew he ready TO protect
himself tnr iatier would quiet down BuI the COACH
man started STARS aud ~ doing so passed BaIr
Why did Blair shoot hu then one Oi the tuiF-
ten steps Tact tHat Blair dad a per
feet the charge that be Intended shoot aud
procured tic revolver DltI tl4t intent.
"IHe statement made b. Armstrong at the hospital