The New York herald., 1879-10-16
THE MURDERED COACHNAN.
Continuation Of the Summing Up
in Blair's Defence.
TOUCHING SCENE IN COURT.

Childish PrattIe that Moved Jury and
Audience to Tears.
| ''Papa. won't you come home to-n1gntf Msmms
| cries so much when you are away. were the words
| that sent thrill OF emotion through the audience
| gathered in the Newark Court House yesterday
morning as the children of Joseph A. Blair climbed
their fathers knee. More eloquent this sweet
pleading ofchldhood than skill Of forensic orator
in reaching the hearts OF the people gathered to
watch the progress Of the drama which began in
the pleasant June evening in Montclair home.
Few eyes were dry and fewer hearts unmoved by
this nfante appeal. guileless and full of feel
ing. In instant the fresh grave of the murdered
Armstrong was covered with flowers whose leaves
were shed by human hearts The gaping wounds Of
the dead forgotten, and the sorrow Of the
young mother and the helplessness of child
hood alone remembered. The jury that had
sat unmoved by the story Of the kill
ing and had listened with stoic fortitude
TO the calculated appeals of counsel melted before
the eloquence of childhood and strong men wept.
Women, too. shed tears and viewed in the light of
sympathy 1t seemed monstrous that the law should
be seeking vengeance for irrevocable past. Why
should these pretty children suffer because their
father had sinned? was the thought uppermost in
the minds of men carried away by an
honest and praiseworthy sympathy-not with
the crime. but with the innocent victims
of the crime. But justice is inexorable,
and the gavel Of the Court falling like the stroke of
doom recalled the audience to the remembrance that
pity must give way to law. Soon the incident was
forgotten as the events which led to the killing Of
John Armstrong recalled in all their enormity
by the summing Of counsel for the defence, until
| toward the close. when the counsel recalled the
scene which had moved alike the Court and jury.
Once more the chord Of sympathy vibrated as the the
pleader turning toward the bereaved family uttered
| the comforting words Of the hymn
but But trust rus Him for III grace.
He hides smiling face.
There few dy IN 1bs ae or ss anq
| verdict it is probable that Joseph A. Blair would
have walked forth free man. saved by his chlldrens
| prattle
| Mr.. Ellsworth summed up for the defence. He
| said:--s'This is solemn hour to you. to me, my
friends the counsel and that dear family. We have
been investigating tragedy which has been attractV
| not been spent in vain. Good will come out Of this
trial. to you in the highest hope that at last
| the cause OF this unfortunate man is understood
feared we might not be able to show by good evil
| dence his entire innocence"
'Who is Rosseot? In an ingenious way the Prosecu-
tor made it appear that he our friend. believe
the Prosecutor thought that IT. the mans sympathes
especially interested in tho defsndant3 believe
he intended to tell the truth. but he was easily
right. but he was now this and now that.
| and you could hardly rely on him. The
Prosecutor referred also to the ante-mortem state
| ments and to Ophelias testimony. and asked Arc
they the most reliable testimony in the caseY =
Counsel then submitted tho following propost-
| tions for the defence:-
Fir-If jury believe that the fearing
srongs violence toward himself wife and children
ad tbe ID OW
and their lives in Armstrong should attempt TO
as be sSs the
Ssooad-I the ascsased excessively violent his
speech and csnducs and abusive and
TO di.chsrgs him and require him to leave the promises
and II he did 80 Armstrong was trespAsser II no ro-
.a s d sGs II f .
the barn. the dscndant from his prior
ssa'Sf lie the ss
sse ns and az and Iss the
n. sa, Ne had sis s.a 49,.
ssy and sa % .o % u. % the $
!, he'll A.s wi. % hi. r.s: .ss
snd.Ss have doubt Whether he meant TO
i:s ss sssi SH :
the keys k, .Ha s ss with the Of
fv1"Xnd the jury believe willis the defendant
q:
s%ns the ssound 70
fear his life at that moment. and that his
his ..a.sios saGs,ns ne Deceased % with intent
Il Al the .s0.s % 4.
| excussbis and the jury should acquit.
| BIAIn HAD RIGHT TO SHOOT.
''The events all prove" continued the Judge,
Mr. Blair that he never drank and ct the next day
he said TO Mott King that he had justRot of hard
upon Blair and refused to obey him. The Prosecutor
said Blair ought not to have banded words with the
| never have done it. He would not be man had
hs so acted on his own premises. 1t is the duty
lice. to protect his family. Mr.. Blair did
not havo to 60 out of mis- barn because Armstrong
the barn. II John could rightly order him out, then
any tramp could have done the same thing. Mr..
hculty. He made the appeal to the law. John re-
Piled. want no squire. and he cursed and threat.
feet away Mrs. Wheeler heard his foul cursings At
her house. He made threats and then Mr.. Blair got
pistol mot R q to but to ~sa
This is perfect answer to that charge. But
to n,Ar prossos ss myself and family He meant.
4 have come here to protect my rights. Give me
the keys And so claim he had right to do this,
and right to prepare himself 70 say it in safety.
He thought II Armstrong knew he was ready to pro-
Armstrong. instead, started for the stairs and in
doing SO passed Blair IL Mr. Blair got the revolver
TO shoot the man why didn't he do II thcn Arm
strong went up thirteen steps Why didn't Blair
shoot him all the way up stairs II he got the revol
the revolver to defend himself, after having placed
himself his rights under the law. The fact that
Blair did not shoot Is perfect answer to the charge
that he procured the revolver with that intent"
ARMsrRona's DEATHBED STATEMENT
Counsel then proceeded to attack the truthfuncss
Of Armstrong; dying declaration. He denied the
reliability, and alleged that II the result OF
phine. delirum or malice. He road from high To-
gal authority words Of caution concerning the belief