New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-31


was reached at : o'clock yesterday afternoon. the
jury having been out hour and ten
minutes.
When the announcement was made by the
foreman the plaintiff. the defendant and nearly
all the lawyers in the case had left the court
room.
Rush Tagrart. one II the counsel for Mr. Sage,
moved t. set the verdict aside on The ground
that 1t WAS against the weight Of evidence. con-
trary To- law. etc This motion was promptly de-
nicI by Justice Patterson but stay of execution
for forty days was granted to allow tn defend
ant to prepare an appeal.
Scarcely any testimony was offered yesterday.
one or two witnesses were recalled. among them
being the defendant. He was examined a few
minutes by Mr. Choate. and some old straw was
threshed over Then Mr. Choate announced that
the plaintiff rested
COLONEL JAMES's Address
Colonel James made Il motion To dismiss the
complaint which was denied by Justice Patter-
son. Colonel James then began to sum up for the
defendant
lie declared that Laidlaw had not the slightest
claim on Mr. Sage for damages. and that Mr..
Sage never used l.aldldw for a shield Colonel
James reviewed the testimony given by Ladlaw,
and said there was nobody To- corroborate II. ON
the other hand Mr.. Sage's evidence was borne
out by that frank though unfortunate young
man Frank Robertson who testified that Sage
did not shake hands with Latdlaw.
THE defendant here" said h. pointing 10 MIR
Sage is "A man In the vale Of years. and want
10 know If any of you gentlemen reaching his
years could wish 10 acquit yourself more credit
ably in the face Of such an awful emergency.
He then said that as Iaidlaw had testified that
his memory was much weakened by the explosion
the jury should consider that he was not capable
of giving a correct account of what had occurred
we think" he declared "and believe Mr.
Sage wishes me to say, that Laidlaw thinks he
is telling exactly what occurred I'm the Office OF
Mr. Sage" Colonel James closed by saying that
even If Mr. Sage did take hold of Laidlaw. he did
It through an instinct Of selfpreservaton. and the
Court would tell the jury that he was justified in
acting as he did
MR. CHoATE's APPEAL
recess was then taken. and when the Court
met again Mr. Choate began his address 10 the
|, Jury. He said that unlike counsel on the other
side he wanted the jury to agree upon verdict
.Do you remember the story Of David and Co
HATH" asked Mr. Choate. Then the lawyer took
up a Bible and began to read the story Of the
| killing OF Goliath by David.
This trial is Ike that said he. Il represent
| David and my friend represents Goliath. My
client has been stripped of his armor and has no
| wcannns whatever. except one small stone In
| sling and that stone is the truth, except your
| verdict which shall take off the head OF this
| Goliath"
Mr. Choate then said the entire case was "A qtles-
| tion of credbilty. Iaidlaw's story was borne out
| nv the defendant himself. Dr. Mum had testified
| that Russell Sage has sustained no serious In
| iurIes lie then sarcastically alluded to the IN
| iurles Mr. Sage sustained in regard To his mem
orv He has been all his life piling up gold
said he until he has become one Of the three
great powers OF this city. He has been dwelling
On q night and day and yet he did not remember
and cannot remember now within 100000 Of the
number Of bonds he had on the day. Of the ex-
| ploslon. Would you not IKE 10 own -VV'oVO pohus
| forget the fact" .,
Mr.. Choate then said: When Norcross threat
| ened to drop the bag of dynamite. visions OK the
goId he had been piling up all his life passed be-
fore sage He knew that If Norcross dropped
Tho bag he would have 10 leave the pride the
Glory and the ioy of his life. His whole soul. all
g. socuIt,as and emotions were centred on Nor
cross and his bag of dynamite The life Mr.
| sage has been leading can have no other eheci
than to blunt his moral senses some""a~ aio