Year: 1873

/ = ~ u DELIBERATE MURDER.


These men hated each other and watched each other
The prisoner goes about making inquiries as II he got i
formation Of the coming indictment. He drives 10
Mansfeds, sees her In the window, and drives 10 'he
Grand Central Hotel. Then he walks around until he
sees the gded equpaEc Of Fisk, few blocks of Then
instead of ipQuiring in the ONCE or ssnulhs uP
his card ne steals IN by the private door, and
in his grooms dress. loiters among the laay
guesshis man who Rstehds ne re 70 pg 10 be heSd Of
the stairs And when he reached the turn where ne was
sure he would meet his victim. and that there was no
nation "Now have yoaiy The boy Hart heard him.
The boy Redia standing at the foot OF the stairs saw
Of the stairs fre he deadly shots Cogan, witness not
S ny " s Me Was s wns for FISK Three
witnesses swear they saw him at the head OF the stairs
reason that at tho top, supposing he feared Fisk,
as he SAWS single & step aside would save save
stoRes's witness Jenny Turner, coHtradicted him
in some particulars. She attempts to defame Mrs.
seen Mrs. Morse, continued Mr. Beach, and have no
euogy to offer OF her. and have defense to offer for
made against her by counsel and have nothing 10
in condemnation Of the man who in open Court without
such vile and unmanly nsnuatons against lady. You
have her, calm, selfpossessed respectable, lady
like. instead Of possessed Of the bold erontery OF


Counsel reviewed the evidence at great length and in
closing said: Gentlemen OF the jury, This Is struggle
between the law and perjury and fraud and the trial test
OF the administration of the law You TO determine
whether the wicked contrlyRnces OF the accused shall
overcome the law and the intelligence OF iures. His
friends are with him. Responsibility has been subsidized
to malignant murderer; but do hope that you
viii prove that though respectability has been sub
protec him from the punishment OF the law Mr. Beach
concluded after address OF five hours duration by
soemnly adming the jury to perform their whole duty


At the close of Mr. Beachs address, Mr.. Tremain rose
Mr. Beach, which he said he not accustomed to lis
ten to in patience few words of gentlemanly retort
| followed, and when both counsel had quoted down,
Judge Boardman delivered his charge, which occupied
| exactly 65 minutes.


-1 JUDGE BoARDMAN's CHARGE.


congratulate you on approach of the term-
4 nation OF this very protracted case, and also have
occasion to compliment you on the apparent patience
and attention which you have TO the case and to
the evidence during its progress 1t gives me pleasure
also commend the counsel in this for the dstin
g1shed ability and zeal, accompanied at the same time
and discussed the testimony and projected the interests
what said early in the case feel also disposed TO


turn my thanks to the gentlemen OF the press or this
city, In that they have withheld far as believe or
Know any Comments this case during Its progress
calculated stir feeling excite partisan prejudice or
anything interfere with the due and proper admins
tratOn of justice Having said this much Will without
further comment devote myself n this case aad as az
characteristics which may assist You IN your lnvesga
tion and aid you ia coming 10 just conclusion


II proper that should clear away Tar as possible,
certain cODwebs that accumulated about the ease
and well calculated TO distract attention from the
name hat the chaTS,d H Of FISK VINO not upon trial





cept single one, to which shall presently call your
attcntOn-whether he good or bad man, whether
matter which is not in case and you win do
this Court injustice If You allow II TO prejudice your


minds influence the verdict TO which you are TO come
Upon the other hand more or less has been said as to the
DEFENDANT his social relations and his wealth. These have
nothing " do with your verdict However high his social


eafb he nav he possessed OF however Influential or
however good virtuous his friends be, will not
ought affect your Judgment. These things arc not
as any other All in this tribunal stand equal. None
are entitled to special protection none are exempt from
punishment for crimes Of which ne Is guilty Neither
vengeance hatred by the special friends OF Fisk nor
sympathy for the sorrows OF the friends OF ne prisoner
should warp your Judgment or turn your lnnOs mo-


ent from the real questions IN This case IL would DC


disgrace to the administration ot criminal Justice IL
your verdict could by any possibility De swayeu Dy any


such mstrumentality--a Teproach to you personally 10
allow snch considerations TO weigh moment against
Your oaths TO decide mpartlay on the evidence Deore
| T THE REAL QUESTION AT


Now may say, think without exception from any
oue that the killing of Fisk by the prisoner stands
ceded There nothing in the case, as understand to
doubt Of the fact that the prisoner killed Fisk by
shots fred Jan 1872 Dscardng the questions
ceded to be true and the circumstances that surround
the case which you heard Of let what the
real point of difference iswhat the real question you
are called on to decide-and seeng that plainly and
| brought to convince your Judgment and affect
| your verdict. The killing being conceded, it
was crime That is the question 1t is confned
| within tine exceedingly narrow limits coincident
| with the occurrence or immediately preceding the
act whether TINS killing was crime; 1ne eouhsel on
first degree mansaughter in the third degree or 1usth-
homicide. IL rs 10 OF which the charac
! you TO determine ntellgeuty that question the most
Important fact is there two pistols foundl For If
there but and that the pistol produced before
you; IL is conceded to be the pistol OF Stokes, fired by
hIm, and which inflicted the fatal wound If that is
sustained is there any other evidence In the case
| which by possibility can be alleged to show the
Psonv IF FAX had no pisol and so could
make threatening assault was it for the ps
justify the firing OF the pisOlf Before looking
directly at that let me say few words as TO the char
of the evidence on which TINS issue is to be deter
mined 1t is apparent as has been stated by counsel on
either side much discrepancy in the
mony. Its conceded by the other counsel also that
credbility affect the integrity OF the witnesses
| In q OF this character, where fatal shot is
hped, up to the moment of the shooting no atten-
gwen from the moment Of the shooting all are
under extreme excitement 1t Is quite impossible that
mens should see the same persons hear tho same Ian
dents and speak inSthe same words such a thing is
practically impossible and would be circumstance OF
Very grave suspicion Mere discrepancies arising out
Of habits Of inattentiOn, lack Of observation,
through lacking memory OF dlIerent positions IN which
excitement not inconssten5 with the honesty and
integrity Of the witnesses or the truthfunesS oil their


one Of the first duties Of juries s where 1t can
sisteny be d0ne to reconcile the testimony Of all the
witnesses without inpngnhg their honesty orntegrity
1t also their duty as it should be their pleasure to
becomes impossible to reconcile their testmonyt so
conflicting and opposite thar you must come to the con
| tiled falsely and willfully falsely-then you
| must make up your minds whom to credit and
| whose testimony to reject Then there other
sdeIations that should be observed by the jurorstho
APPEARANCE OF the witnesses They brought on the
Stand that you may hear them, and judge their frank
ness and intent to tell truth whether there any
son 70 distrus their integrity doubt their dtsuterest
edness whether they intelligent or less deserving
whether disposed TO be prejudced or warped
or give high coorng the facts. All these matters
YOU are TO judge aud which is less entitled 70 credit for
the reasons have suggested II you hnd any evidence
~ the that any inducement has been offered wit
nesses to modify conceal testimony, that is TO be
taken into consideration If evidence OF mercenary
motive is given you, that their testimony waived


then of course they entitled to credit just to the
extent you believe they honest and deserving OF
| md will To Testimony which