New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-05-27

told that its repetition Is received with dull
and inattentve car The prosecution is overmatched
too and the elements of a great legal battle. such
was fought when Judge MARITIME and Delaney Nlcon
presented the peoples case, are all wanting.
Bourke Cochran IS superior to the prosecutions law
yers, and he knows II. He treats them almost
temptuously Sometimes he actually assists them
in presenting their evidence. When they go about
IL clumsily he shows them better way, and with the
manner OF a good mechanic who lnterferes to hep
poor one, not because 1t is any Business of his but
because It pains him to see a fob botched. When
they get mixed In their statements of historical fact
he strai.htens them When they forget an impor
ant date. he suggests 1t. When they start TO read
the wrong paper and percciving their mistake hunt
around nervously for the right one, he gives It TO
them from his own bag and all with the airy ntma
ton that he can afford to be generous.
And so he can The doubt 20 the Issue Of this
trial proceeds not from the cynical belief that such
crimes never be punished but from the palpable
fact that the defence is great and the prosecution
weak Colonel Fellows is lump speaker. not a
LAWYER. So long rs his part in these con-
fined 10 summing so long was he round peg in
a round hole. and big enough neg to I'LL it. His
speech in the Mcouade case OF the most won
derful addresses ever made before Jury. clear as
crystal logical arithmetic bold brilliant finished,
Dendent with WIT and satire and delivered with
and dignity that would seem impossible TO such
man. But steeple is not an entire cdifce by anv
MEANS and good speech IS not all of criminal prose
cutOn The great work is in bringing out the evidence
and in arguing the questions of law and the present
prosecution here is lamcnablv weak
There might be more to admire in Mr. Cockran's de-
fence II he had 10 fight somebody of his size. He
certainly is amazingly sagaclous alert and fertile Of
resources. His aim Is true every time. He treated
poor FullgraR brutally He Iabbed In his spears
sevagely and turned them round and round. He made
a running commentary upon the poor fellows answers,
insinuatng in and words. too, that he was
not to be believed under any circumstances There are
ways and ways OF doing this, and Mr. Cockran's way
not always quite the fair way. He seemed to
have forgotten incident of the Ward trial He was
associated in Wards defence, and when Fish, then
convict and brought down from Auburn Prison es-
pccially testify against Ward, was on the stand
something was said about the truth.
We don't expect the truth from you I" said Mr.. Cock
ran. sharply.
Judge Barrett was presiding Down came his gavcl
with a smart tap "Mr Cochran" he said, icily, that
was very improper remark, and trust you VIII not
repeat It. admissible in argument TO the jury to
comment as severely as you will upon the testimony Of
one who stands In this unhappy mans position. But
it is not right to say to any witness that you do not ex
pect the truth from him while he IS on the stand
testfying The court will protect witness from such
remarks from counsel, and all the more quickly when
he comes, as this comes, weighed down with
humiliation and grief
II may be doubted II 1T pays to handle tainted wit
ness so savagey anyhow such course almost In
evably awakens the jury's sympathy. The fellow Is
absolutely defenceess and resist assault no better
than a wingless fly can resist boy with pin. He
has got to sit there and mop his brow and take It,
FullgraG presented spectacle ptifuy fororn that
every one was relieved when Mr.. Cochran sheathed his
remorseless sword