New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-10

favors received. lie gave her $l5, and said he
wished IL more. She never planned to keep
Mcseroie and Larbg apart but the former only called
Mt tho nat In Sackettst. twice before he went to
Europe she protested not to know what Larbig
meant by saying she deceiving him. He had no
claim on her. When he wanted his picture she under
stood that their relations were at an end. The
picture she handed to him was that OF a woman.
She dnled telling the detectives that In the struggle
with Mr. Larbig her head struck anyt thing, and she
denied saying: "Dont point that revolver at me- or
hearing any one else say 1t, as testiii.d by MIS-
Greaton who overheard the quarrel
on tho redirect examination, Mr.. Gaynor brought
out the fact that the witness spent the summer at
ocean Grove, under Christian Influences, ara she
said she had been converted to Christ. In the re-
buttal Detectives Raleigh and Rorke were calld 70
contradict the evidence Of Mrs. Comstock In regard to-
the way she received bruises upon her head In her
efforts to get away from Larbig, and the evidence was
closed.
Mr.. Gaynor made the argument summing up the
evidence in behalf Of his client Although he had seen
much sorrow he had never known the depth OF
sorrow in family afnctiop fully as in this case
Here was boy rearld up as well as boy could
be- lie was boy of gentity and niceness OF
feeling, prone to no wpBg, save those little weak
nesses which human passion led up to- The name OF
his father was synonymous with probty and integrity,
his mother q woman of forttude ana ieehhs'
The sons name was as q shield, and he had a pur;
f1,
ordinary criminal. lie had u fine nervous organlza-
ton, and a soul that had been plunged into the
depths Of abasement by his unfortunate posuoh.
Before his conviction HI must be Drahaeu
as CAIN as wilfnl murderer Tile people
thought the prosecution was feauy /"
brand this young man u murderer. to be marked
with stripes for life. to put him to DEATH lhere
had been enough said TO show that he had already
suffered enough The accused youth was on trial for
murder in the first degree. That crime included dc
liberation and generalization, elements lacking In the
case.
Mrs. Meserole sobbed audibly while Mr.. Gaynor was
speaking
Mr. Gnynor continued "There Is one other phase
of this case which wish to call your attention TO-
That is that this boy was in his home. The law
covers that also He has right to defend his home
1t need not be a fine house. IL NAV DC the mos,
humble place but nevertheless he has Fight 10 repel
every volator of it, The old English law held that
every mans house was his castle. 1t might be hut
of stone The rain and the wind might enter. but the
king could not. Those rooms were that boys home
He was rghtiuy there. Sick. enfeebed unwilling to
60 home. there he lived
Mr. Gaynor then went the history OF the case
up TO The time that Larbg rang the bell oil the nat OH
the night of the killing and added: Was there muir
der In this boys heart then No, he was sicE ueo
discouraged After going over the details OF the
shooting, he said Are You going to say. gentlemen
seeing this woman beaten and bleeding as she was
pursued as you were, we VIII put you In prison. we VIII
sband i bav wated m he got you down. This boy might
have stood in his own room ana waIded OH 'hc ih
ruder but instead he etreaed as s Ear u as ne rS9
Does it not prove sefdefencei VIII you say that he
Assistant District-Atsorney Clarke summed up for
the people He warned the jury against sympathy 10:
the family Of General Meserole and against being
affected by the presence Of the family lie laid ete,
Necor nIa nd
hearts that they did not even Tn over the fallen man
to w he set yn 1s O that he aid n
whether Iarbg dead or not? lie insisted that II
there anybody who could not escape rpm in the
door, standing with pistol In his hand; A. to the
question of seIfdefence. re said that the TACT tat
the defendant had been assaulted did not excuse him
blow Mr. Clarke laid great stress upon maIslaughter
In the second degree and intimated that The deience
As Mr., Clarke finished his caiess, Mrs. Meserol
the mother of the prisoner. who had been weeping f
back In her chair in mysteries. Her husband James
Henry smith ana DR.. schenck a once went to her
assistance. 1t at first thought that sha al
tainted, but he began to scream. The disiurhanr,
was 50 great that Justice Cullen at once suspended
whom were weeping. The prisoner nsarly went Into
mysteries, and had to be restrained by Mr. Gaynor
there were great fears Of the result but after being
When Uuiet was restored Justice Cullen charged
the fury. The charge was considered TO be strongly
against the prisoner The jury retired at d 80 P,n m
asking che meaning Of his charge in regard 10 u
mans <ctreatng before taking life, and whether le
was bound to retreat in his own house; T., me Judge
house but he must be In immineM danger OF losing
his life under apprehension Of great personal injury
fence. If in highway. he must escape rather than
tske life. The jury then retired