New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-21

|
cross-eAainine or rcDut any VI the witnesses upon
whose testimony In opposition TO this motion am 70
have never even seen copies Of their andavits, al
| though made every possible effort, locked up as
formed me That he never got them until lust 'he
| night before our HOnOrs decision cam" OoWh
Those that | dd have an opportunity WITH, have
proved every aindavit, nearly all, 10 Your Honor
NAIVE rc not r e Oh r ar oT "sS ndav and
| suppose l never will Dut am Informed from -FOUR
OF oe9 she and Helen were not at Ocean Grove, ana
yet that /, the summer met her there ana that Is
away most OF the summer, ana that she 'ouia 10.
| have bought her morphine from Ltners; ~ was
down to you through Mr. Howe. mat they never irit
until The 18th or ;oIh OF June and they returned , on
the firm showing that they were open through much
OF June and away on until ine ioth Of 0eio%r nt
| know the jury found me- guilty don't blame
those honest gentlemen. ! know that their brains
ana pomaihe parenciy matoi> irsiois III 'nc pous.
the median line possibly extending down mo 'ne
| like character. hope the jury understood 1t al.
| hope SO for the sake OF their conscience. ana lor
| Iut can only say that, though studied with dli-
grnce kindred topics for years, could not under
DO YOU remember how you charged that jury
know fonr lionors Yoids. The only WITNESS prob
ably who could establish that This defendant ADMIN.
iS.red the fatal dose, establish beyond al! doubt thar
this defendant administered it, Is dead; and So Your
n,,nr Jimmy fi,s dii vn,; rnliz. thai Won pI,ccd
between the pallid lip. OF that poor dead girl %E'
iUvcd III, "a lie reI.' part Vi iVu "o"o m ~,
most painful one known to human me- Is here any
thing painful In diScharging from custody an inio
cent man Did Yo Honor see. as saw those jurors
] pa y to , an hue vA ay 70" w Ms.e ed ps1n S
esteemed suggesting them IA verdict ~" giilty'
ion nNt sma some dy; hn.e Ges . ""'
wear today. and when lie says TO yoIi 'Where is
Caryl, IaIiis ~ viii Won answer thai the duty Of
ind. + nlu yrlint pfln =
p"Iicyed Choate. | believed thosp SELF proved per
inroei m n.,o,, " , uov ,r av,dence If MIS-
Inrsnn NJ Mis- L"r'iS OF Miss Wor,ell of Dr. Kin
mouth and all the rosie Let hope, Your Honor.
ILL.,, n ,",Iu =, :, 'nnsc '''''' "' "'' " ~
Your Honor. know 1t is not usual for a defendant
unSuccc> sui In his cause 10 "lloeize counsel tiA' nay
defended MN, Dn le'i 20 p'onu VI i',,ms , Mwm
feel -" rrr.fn +" him for what he ha, don. for her
who is dearcr To me than my self. lnd my small
amount OF SsI control j. i'avhg me ,a'' ,,,o o ~,
motion ~ Mr. Mr. U"wn do en- know how Door | am,
( want 10 ask YOU 10 taRr this ,le pre- sent
lIanding Mr Howe M cnv'lop') IhiS WIS ne laS'
gi'l nom iie"h 10 me- 'sh w" W "'"e II WV"
. . 1890. . ~
''''' !" "'N''
remember two years ago last month visited III
''' anu '"'ne S''N' "''' ' 49,, 90,
10 day standing by the brink Of another grave. OF
o-, 7 ,b,pL God thu, I'm tho I,cbt nj this new tes
owl" '"''"N "V' '''"' :" ~. 'sas - . uot ,.vo
mony he who Will NAV read Inscribed upon 'p". grave
Your Honor not Suicide" hut AT Rest Perhaps
when my poor body and brain are laid at rest some
one may marx 'h' spo' WIN NUE. s,n" ., ,n"sc
| ask that there be- engraved there III Justice 10 .ucsc
s nn %H" A n"' 'n:' ara ys" %s' uy viii
leave the rest Of my cIitaph to Your iionor I,
| realize my position. No mah could realize II
better than have realized mine day after day ana
know there Is nongLt rem1ns for n" ., n"% n h,d 10
Is tho birhrght OF g'rtlcman and the prsroga,iys
Of al innocent II Your i"nor wants any more
testimony about poor Il'cn's habits there Is lois
more Of II coming In oil the tine. Oi course IL Is
nnimpoItt ant; h %r , doubtless
Mr. Uowe-I have nothing to add
THE RECORDER sPEAhs
The Ceuri-I will repeat what stated. and 10 which
you referred as forming portion of my charge to
the J"'y' 'h'' '"' ""N VI 's >. =, a.
criminal court was always PAINFUL ono. IL Is ""ae
douhv paInful I'm your case because Won un-
uo"D's P''"' " '..,,n ,n,.u,o.rcs ard I
uouo,eu'y "'" a,,.ma,nc In a.. nosi,ion in which
con do today No ON, regrets It more sincerely
', A.. a, -, ono recre,s more sincerely than
, 40 ,,a, me- worn dutv ,mpe,s me 10 say that
after listening to YOU with patience through all you
have had 10 urge In yoir own behalf still adhere
20 what stated upon Your nio,ioil tnat me , e,r
dcnc" OF Your gu %'s 'N,i , ,aw nm unbcld by
III 'a'' tt', ~ th. Court 81 Appeals Of this state.
who. upon a fair review Of all the testimony. ana
upon the que tons oil law M,n" ,nn, ,hs t"rv mnon
m "siy came n,i WINS Then presented TO them could
,rrivn M no other result than that to wll'i they
a. arrive: that there were no Of law com
n, i,,d tv IN" iudcn who niod the by which
Your rights in any way prrIuoT'd W, ,nr
court: And that learned court m c",e ,| pranelV
laid Down by the Judge
iIArri,-May sit down ,o,,o, comc
before me- then upon evidence under ssciom n,o Oh
the code which requires me 10 s'a'e III nv oPm..n
The WEIGHT Of the "yidencr wrn 20" ,h ry would
have produced a different result. could only ca