Year: 1870

portion OF the Array lett flOrcnceB saloon ABOUT ElO
o'clock stopped in Houstonst. cofeehouse on my way
home, whore noticed two or three men woman was
present, and afterward others oamein; finally one
of the went out returned, and went out again; at
this point passed out; the who in the saloon
and went out Logan; he said, Lets lay for him.;
went across the way and stood there two or three
minutes while there, the party in the sa-
loon came ont the In the black
coat Uogan) said to the middle man, "what
did you insult my woman fort" he said. "You lie,
you -" he raised his hand, and Thought he had
pistol in heard report and thought hTg i was P1n5
not Dunn shot at all but thought he was the man
shot; did not see any pistol IN Dunn nand after Logan
he said, "Oh am shot" and started TO run toward
Broadway would say positively that the thing saw in


Emma Hale testified that Logan was at her house
the night he was killed about an hour before the occur


Edward Leslie testified: In the fore part OF January
last went one night into Houstons between the h9urs
opposite the House OF Commons" saw some men
standing outside heard la MIN @ 1G whom ~ h dGat pa kn0g
thing from his pocket which have no doubt was re-
vover and raised it level with his face Just then
off went "a pistol and he said " am shot :" threw up
his hands and dropped something; when heard the re-
port thought the man who had pulled the pistol out


Crosse xamns dMy business is that of dealer in faro
checks don't know any Of ae parfI5 t5 IN one ea xo %
standing outside close TO the sidewalk so that The pistol


ofcer Elisha Smith testified that he had known Logan
for about year before his death knew that his charac
ter man Of violence and blood was notorious. .,
spoken being with Dunn and Peter Norton on hat
night sat together at table in the saloon drinking
and eating and laughing among OUrseyes neither OF us
was intoxicated; in three four minutes two women
came in and looked round at me- Norton asked me, DO
you know that :" said Yes know one Of them Lo-
gan and sat at the other end OF the abe az
which we sat; Logan went ont; we sat there, shoud M
think three or min after they wentout was th
first going out, Norton next aud Dunn Two steps eDu
us; Norton inside and was outsde when We got 10
me. and said. Here what did you fellows Insult and
my woman fori" said who r. be says, & You Sescrin,
tions had heard that the Logan then felt
little tmid and stepped one foot into the gutter yng
to get by; Dunn says, "Y0u are mistaken, we dldht
ande to you;" he says You lie, you and put his
hand behind him. saying will give Il to yon with
had pistol in his hand; Norton called out Look out
Jerry he has got pistol" then Dunn nfed Logan az @ hd
time his pistol up stood nearer 10 Logan tha uu
Dunn have pardon In my pocket, which reeeNeu
Counsel stated that Gov Hoffman had pardoned the
witness, so that he could testify. ,,, /. .....
any questions reference his arrest or incarceration


lie had been sent to Sing sing ior TWO years Oh eoho


Charles Pelham testified that Logan was spoken Of in
the presence OF Dunn as desperate cnaraeeI apc "


Officer Smith testified to Logans bad character as dld
Michael Powers and Isaac Denike. . -


John A. Kennedy testified that among the policemen
Logan regarded as one VI the sort known as INC


The evidence here closed the part Of the defense,
and no rbutng Testimony being offered for the prosec
ton W. o. Bartlett summed up for the defense, and Dis
trictAttorney Garyin for the people


JUDGE CARDozos CHARGE.


Judge Cardozo then charged the jury as follows:
Counsel for the prisoner have submitted to me three
requests to charge and 1 shall charge them In the
language in which they have been drawn: First That
the benefit of doubt whether the homicide Is utabe
or not Is to be given to the prisoner and that H. on all
the evidence doubt has been raised in the minds Of the
jury to whether the homicide is ustihabe or not is
their duty TO render verdict Of not guilty Second
That when one VINO is without fault himself is at
tackled by another, and kills his assailant, If the
circumstances be such as t. furnish reasOnaDIe
ground for apprehending the design TO take
away his life, or to do him some great bOdy harln ana
there is reasonable ground for believing the danger inn
minent and that such design will be accomplished the
homicide is ustIiabe although 1t might turn out that
there In fact such design nor any danger OF ts
being accomplished. Third: That If the jury can say
that at the time the killing the prisoner might rea.
sonably did actually, believe that the only way OF
protecting himself rom certain ana nnedate h fhsr M ger
ceased Logan then they have the right to say and should
say the prisoner acted in sedeense and they can
not find him guilty OF murder or Of mansaughter.


Having disposed of the requests to charge, shall not
dealn you long presenting this you for shall
not comment on the evidence. leave 10 yOu to whom
it exclusively belongs review the Testimony and de-
termne for yourselves the facts OF the case Also TO you
belongs the question Of the credbity of the witnesses
you convict the prisoner OF murder you must
be satisfied from the evidence not only that Dunn shot
Logan but that he did from premeditated design To
kill him. That prenedtated design however' nee1 not
have existed for any particular length OF time and you
believe that that design was entertained by Dnn though
you may believe that he formed it only on the moment
before he fired the fatal shot, that will be sufficient TO
sustain the charge OF premeditation.


II you believe that when that shot was fired Dunn in
tended TO Kill Logan and that he did believe and had
reasonable ground TO believe his own life body in
grfa1 Bgn Was murder in he first degree aSd YOU
should not hesitate To say So And here may say 20 you
that except connected with the point OF justlabe
homicide you have nothing to 40 with the question OF
James Logan's character or his faults.


II you believe the theory OF the defense, then the ques
ton will be presented to you whether Dunn believed at
that tmewhether under the and appear
his body was IN imminent danger at Logans hands,
and that It necessary to shoot Logan TO protect him
upon that subject you should also consider the evidence
TO Logans character and II You ind that Dunn knew
prisoner should be entitled to be acquitted. You must
not find the prisoner guilty merely because Logan is
the proof satisfies you that Dunn has been brought
within tho rules of law that give YOU But u you
this terrible catastrophe that must influence you to
acqut him. Your oaths forbid it,


Again: You must not acquit the prisoner simply be-
cause yOn may think Logan a OF bad character--a
OF blood-bccause the life of even such man is
only in defense OF ones life and body To illustrate
though Dunn believed Logan TO be dangerous man,
and though the latter had said that he would mash"
Dunn and his party which does not appear, yet that
alone would not justify Dunn in shooting Logan, for q
threat without any manifestation by act or manner OF
intention to execute it, will not warrant man In taxing
anothers life But you, placing yourselves IN Dunn's
ceased, and Judging from the evidence 10 Logan's
the occasion, TO say whether Dunn might





il was necessary for him 10 shoot Logan 10 himself
mdeath great bodily HARM for whenever takes
anothers life he must take the risk OF what jury may
say this point.


II you should think that the proof does not sustain
either theory you will next consider whether II s
Of manslaugher The only degree of manslaughter to
which the evidence In this at all directs attention
Is the third and need only read you the provision OF
the statute respect TO that and you that II You
think the prisoner not guilty OF murder In the first de
gree and yet that his act not entirely ustiable,
you convict him Of mansaughter in the third degree


In conclusion Judge Cardozo said The case, with all ia
momentOus Importance, Is 10 be conded 70 you II
is important TO the prisoner; his life involved II he is
innocent say So 1t is important 10 the people, who
need protection against murderers for II awessness be
not restrained by the firm discharge of their dury by
jurors the hand Of the assassin which destroys c
zen to-day may attack another tomorrow


The jury retired at o'clock and not having agreed at
O rlL.d, q III Mn