The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-17

Bishop would have done and did do In perpetrating
there ever was criminal agent who destroyed thu
lite OF Cobb. that agent was the cringing inhumnr
Bishop!
The visits OF Bishop TO the Cobb house in thu
course OF his grocery business. dwelt upon al
they consider the significant fact that the neghbors
prying and inquisitiye az they were, had never de
tected anything OF word action the part OF Kate
Cobb indicating any affection for Bishop. There was
in short nothing more than the visits Of business
extended few minutes by the friendship that
had long existed between the Cobbs aud the
Bishops. Many OF the presents between Mrs. Cobb
and Bishop can, also, said Mr.. Wait be explained on
the ground of this friendship and the acquaintance
extending from childhood. Bishop himself says that
he gave the hand mirror only as token OF friend.
ship. At this point Colonel Wait produced the pearl
pencil. which Bishop says he gave Kate Cobb and
which Kate says she found steamer, and passing
it to the jury called their attention to initials
scratched the pencil, M. A. H.. These. he said.
not the initials OF anybody in the case and are
probably those of the person who lost the article
where Kate Cobb found it. They had not previously
been noticed when the pencil was put in evidence by
state Attorney Waller (interruptng) raised ob-
lection that there was nothing in evidence relating
these initials, and 1t possible that Kate Cobb
herself had scratched them on with pin.
Colonel Wait replied somewhat tartly that the
pencil in evidence; il had been put in by the
State aud 1t showed for itself. Passing briefly over
some of the minor presents, Colonel Wait considered
the present the cup and which Bishop gave
Kate first having had it sent to New York and marked
pet"
BISHOP FORGOT HIMSELF.
State Attorney Waller again interrupted the speaker
and denied statement made by him that Bishop gave
this cup in return for toothpick that Kate gave him.
Reference to the stenographer's notes showed con-
ficting statements by the states witnesses Bishop
had sworn that he gave this cup III return for the
toothpick while the testimony of the dealer who sold
the cup showed that it was bought by Bishop and
sent to New York in March, while the toothpick was
not purchased and marked pet" until May.
This discrepancy was seized upon ut once by Colonel
Wait as subject for five minutes OF sharp attack on
n,aru nf fha nf 10 n d.sra
cially Bishop and, following it up, claimed that
there no proof that such cup had ever been
given to Kate Cobb, excepting that of Bishop alone
Colonel Wait next ventured upon one OF the bad
points in the for his side, the alleged tam
dering with little Della Cobb. ten years old
to induce her to swear falsely regarding
the cup. The speaker went the evil
dence at great length and showed that the defence
had the testimony of three adults to what she did
say against her own feeble memory and under the
influence OF witness stand embarrassment Colonel
Wait characterized as preposterous the assertion by
house i'll January, 1875 Cobb being i'll Troy, he was
guilty either OF the four nights of improper
conduct with the prisoner, although he admits that
he was refraining from marital relations with his
own wife. And supposing all this to be true, con-
tnued the speaker, not n human being can be found
who ever saw him enter or leave that house any
one OF these nights, although the prosecution had
searched for witnesses, to use Scrptural phrase
with candles" These were moonlight nights;
policemen the streets; there was blaze of
gaslight reflected upon the door from all opposite
Gaslamp and not . soul saw this poltroon Bishop
movements
every of the nights, and has witnesses to corrob
crate her statements. Again, Colonel Wait ques-
toned the truth OF another of Bishops Stories that
the first night Kate came TO his house
they passed the time only i'll converse
ton, and asked the jury to consider whether
This could be believed when in the same breath
BshoD stated that his wife dead and that he
then inning with Kate the murder of Cobb to make
safer tue qualification OF his passion. Coming down
through the months of the intimacy the time
Cobbs death. he sought to explain away some Of
Mrs. Cobb's suspicious actions and was proceeding
with this when the Court took recess until two
p. NJ
AFTERNOON SESSION.
At the afternoon session Mr.. Wait continued his
argument discussing the contradictions of Bishop
testimony relating the alleged meeting with Mrs.
Cobb in Church street, showing by her corroboraed
testimony, that she elsewhere at the time
Bishop says she was with him. He dwelt at great
length on the uncertainty of Identification quoting
the famous Professor Parkman case, when a dozen
witnesses testified to seeing the Professor, and
even speaking to him, after he dead. Re-
fcrring to the alleged correspondence between
Bishop and Mrs. Cobb, he pointed out that not u
scrap of it was brought into court to show that il
ever existed Mrs Cobb's explanation of the way the
poetry into Bishops possession, he claimed.
was perfectly natural. and the pencil changes, he
said, were made by Bishop. Near the close of his
argument he fiercely denounced Bishop, charging
upon him not only the murder OF Cobb, but OF his
brought Mr.. Waller to his feet. who said There
no evidence of the kind. Wesley Bishop has done
enough without being charged with murders he did
not commit" HE has done enough" Mr.. Wat
answered, il fully satisfied with the point he hat
made. 1t was half past three o'clock when his argu
ment closed.
JUDGES CHARGE.
Judge Park then delivered his charge to the jury
All the evidence he said, had been heard, al
the argument had BEEN made, and now We are ap
preaching the most interesting part OF this impor
tant case. After invoking the jury to calm
and careful performance OF the duty devolving upor
Them he defined the law of murder and submitted
and Endorsed the requests of the counsel for the
cused. The Court said there was little controversy
rs to whether Charles H. Cobb died of poison, and
indicated that this point had been established
by the prosecution. The theory OF the arsenic
powders then discussed somewhat doubt
fully. and then the attention of the jury was
directed to the question, If Charles Ii. Cobt
did not die by his own hand by whose hand did Ia
die?" Bishops testimony was analysed, Bishop
being characterized witness who is self-con
demned. and the Court said the only question wal
how far he to be believed. il believed at ALL The
corroborating circumstances also fully con
sidered and at five minutes past five o'clock the case
given to the jury. the Judges charge occupying
hour and half in the delivery. As already stated
the jury came in ut midnight, finding the prisoner
guilty OF murder in the second degree.