The New York herald., 1879-10-15
Summing Up the Evidence in the
Armstrong Homicide.
BLAIR'S TESTIMONY REVIEWED.
The Prosecution Claim He Must Be Found
Guilty Of Murder.


by the crowded audience in the Newark court
room. where Blair stands to answer for tho life he
took In moment OF passion. Though Newark was
engaged in stirring political contest the number
of persons present considerable. and as the day
wore on and tho voters escaped from the polls every
Inch Of occupied. as on proceeding
days. Time hes evidently not sofrened the class
resentment which called into life at tho time OF
the shooting, as was made startlingly manifest by
satrica aliusion by Prosecutor Abeel to the array
of 'ladies and gentlemen who had appeared to tes-
fy in favor OF Blair and who daily attended in the
conrt room the Prosecutor suggested with the OBJ
JEDI of influencing the verdict Of the jury This
sarcastic alusion fell like spark OF fre in powder
mine, and Immediately caused hearty outburst OF
applause, which considerably rufled the even temper
Of the Court Judge Depue raped vigorously for
order, and instructed the Sheriff to put on duty
sufficient number Of officers to preserve the decorum
of the court, at the same time threatening that IL
the manifestation was renewed he would order the
court to be cleared. This admonition had the de-
sired effect, and the audience settled back into the
quiet aspect Of watchful attention which has dis
tinguished 1t during the progress of the trial.
Blair did not vince under this expression of pub
lie opinion but maintained attitude OF cool re-
serve. Not once during the day did ho exhibit the
slightest emotion and he certainly gave proof OF the
possession Of considerable nerve His pretty wife
exhibited almost equal stoicism She pale and
evidently anxious. but gave sign Of particular
emotion. even while Prosecutor Abeol was summing
up the evidence and impressing on the jury Its dam
aging character. During all tho time she held
hor little daughter her lap. and the pretty
child nesting her bosom presented picture
that touched the stoutest heart Whatever might
be thought of the oct Of the prisoner at the bar it
was impossible not to foel deep sympathy with the
young wife who clung faithfully to the fortunes
pr her husband Her little boy also present.
and doubt the picture of that hapess group made
deep impression on the hearts OF men whose little
were gathered around their mothers knees
under happier circumstances. There was the usual
asscmblage OF Blars friends filling the whole space
inside the bar and presenting unimpeachable APP
pearance of responsibility.
OPENING COURT.
Pnnctually at ten o'clock Judge Depue took his
place on the bench: The first witness called was
Colonel George NJ. Dusenbury. He testihed:--"I
live ut No. 260 West Thirty-fourth street. New York
city; Ophela Dyer has lived with my family as
cook for tour or i've months now; read OF the
affair at Blairs house, Ophelia came to live with US
two weeks aiterward."
Ibid you hear her say anything about Arm
strong's threatening Mr.. Blair?" asyed Counsellor
zone moment" interrupted tho states Attorney.
The witness having been called to contradict
Opheiia Dyer the objection OF the states Attorney
was that she had made statement ~ to what she
Court could not recollect that anything had been
said on that subject. and Ophelia recalled.
Duscnbury that John that IL the Blairs came out
he would blow their brains out?"
mo, sir, answered Ophelia.
"Did you say to Mrs. Torrey that Blar's counsel
were fools; that ii they gave you $3.50 you would 60
out OF the countryY' pursued the counsel.
"No, sir" she said, with emphasis aud indigna-
ton; IL never did. sir; never"
Colonel Dusenbury was then recalled. He said =
''She told me ut the dinner table that while they
were out quarrelling she was frying eggs in the
kitchen; she heerd John swearing and ho said that
II the Bairs out he would blow their heads on.
.'You told Ophelia." asked Colonel Abeel cross
examination. "that she was not obliged to come on
here as witnessT
"Yes. SIR
"You tried to dissuade hor from comingr'
Mr. Titsworth- you try to dissuade her because
you did not regard her q truthful woman?
Mr. Abeel-we object to that question.
The question, put in another shape answered
by the witness by saying that he did think her
proper person to be Witness she had told 80 many
Cross-examined-Ophclia used to come in and
talk about this tragedy very familiarity; witness
often had 20 toll her TO leave tho room; ophelia said
"wel, guess ho did," said Prosecutor Abeel.
"Give an instance in which she contradicted
Tho witness hesitated and afterward said that he
couldn't do it-couldn't just now recall any such
instance though he believed there were instances.
Mrs. Mary J. Torrey was called to support the
statement of the last witness. She testified :-"I
live in Colonel Dusenburys house; 1 know Ophelia;
one day was in the kitchen; while talking of this
trial she said that Bars counsel fools and that
they would give her $3.50 she-would 90 out of tho
!" Would you do that. Ophcliag' asked. Yes.
Mrs. Torroy. she replied. Il would"
the shooting2
.., ..shs talked c0ntinuay about the tragedy"
'"I cannot remember anything elsc."
rested.
RxBuTTIxG TESTIMONY.
= The prosecution then called In rebuttal Peter
Kirschman. who dcposed follows - am u car
evening Of the shooting went to Mr. Blairs house
about seven O'Clock. about dark; when arrived
where's Armstrong; thoy said He's upstairs;'
was back OF Mr.. Blairs dining room that evening;
through the window; the shade was up; remained
the ro nfteen minutes; Judge Pilsbury was talking
this was after Armstrong hsa been taken away.
Cross-examn - I'll wasn't there whom tho family
were taking tea. and don't know how tho shade
THE POWDER MARKS.
The next evidence offered by the state was that of
who appeared expert to testify tho effect on
clothing Of powder discharged at short distance.
The object Of the State to show that Blairs
story OF the shooting was untrue. and that he could
not have fired the hrst shot without the powder
burning Armstrong; clothes In tho position which
vAs committed. The Doctor testified that he made
microscopical examination of Armstrong's shirts.
and in neither did he ind any signs OF powder. or
that the hbros were singcd or burned he examined
also the pieces OF cloth that shot at by Horwiiz
and found them singcd and burned and unconsumed
powder in tho hbres.
On cross- mination tho witness admitted that
this the nrst experiment of the kind he had
sver made, and he could not say what the effect Of
powder on dirty and moist cloth would be.
This closed tho case ON both sides. and the Court
9skod for . clear understanding of the uso of the
testimony taken ut the inquest Prosecutor Abeel
urged the admission of Ophelia Dyers testimony
and denounced tho defence for wishing to shut out
the light on stricty technical rules OF evidence. He
contended oarnestly that in justice to Ophoa Dyer
The story ~ told Mt tho inquest should DO admitted.
ts u was unclouded evidence. He urged that,
whatever statements she has made in tho
Interim. her testimony thon and now was
substantially tho same. 1t was unjust and
monstrous for tho defence to shut out her inquest
testimony on technical grounds. Colonel Abeel
alluded. with ON phasis ON the words 10 the ladies'
and gentlemen who have contradicted Ophclia,
whereupon nart OF the audience in the part OF
the room broke out in applause.
After hearingcounsel ON both sides, J udae Depuo
decided that only such portions OF her testimony at
the inquest Had been touched on In the
animation could be admitted.