The New York Herald Newspaper, December 13, 1855, Page 1

THE NEW YORK HERALD. WHOLE NO. 7046. THE STANWIX HALL TEAGEDYE. Trial of Louls Baker for the Homictde ot Willtam Poo!e— ar. Whiting’s address for the People—The Judge's Charge—Non Agree- ment of the Jury. COURT OF OYER AND TRRMINER. Hon. Judge Roosovett preciding. Dec. 12.—The court opened at 11 o’clock A. M. Every available «pot in this very inconvenient court room was Occupied by an eagerly interested auditory, attracted, no doubt, by the knowledge of the fact that Mr, Whiting would address the jury in behaif of the prosecution. Baker appeared pretty much as usual, thoogh he cor- ‘tainly seemed somewhat moved during portions of Mr. Whiting’s eloquent remarks. As soon ax the jury had tahen their seats, Mr. Whiting ‘rose and suid :—May it please the Court—-Un the morn- ing of the : 6th of Februay last, William Poole, at Stan- -wix Hall, recetved two w°unds—one in the leg, the other in the breast, the bail perforating the heart. On the 11th of March, shrouded by the stars and stripes of his country, he was placed in his o \fin—he was borne from his house to the grave—he left belind him a widow aud « child. Thousan‘s of hts fellow eftizens followed that Life- pee wehn ie 4 and teeming thousands Lined the streets through which it passed, It «as apon a glorious morning—such ® morning as this—all nature was at poses. Thus he died—thus was buried the body of William Poole. Is this « fitting day fr the contemplation of the questinn, ‘how came he by bis death? Is it a titiing day for us to nire by whose hand was that denth wound inflicted, under what circums'ances? We aro here to ad- minister justice—not vengernce. And, gentlemen, if | should be ed by an earnestness which is Kome- “times mistaken for resentment, let the audience under. stand that this is vo place for tue exhibition of exther admiration or applause, but that it Is a temple of jus- tice, and that when the living God ministers here, + the whole earth ehou!d be silout.”” Aitei by the truth—it the truth shall convince you—you will go with mo into an examination of tue wvivence in this case, It you establish that truth, you will reject all extraneous in- fluence, and pronounce as the evivence shall direct you, Then public justion will be sacisfactorily administered, ond there will be neither a violation of the Jaw nor a vio- lation of the oaths or conscionces of an honost jury. Bat if that truth, by undue influence, has not Its convincing -effect upon your mind, thea you will not only have viotated your ouths, you will have strangled justice, trampled trut : beneath your feet, and permitted ‘the guilty togo unwhipped. ‘fruch is not always per- ceptible at first glance; it is often obliged to struggle with error. It is, however, for the jury to scrutinize the whole mass of evidence presented to them: they are to separate the wheat from the chaff—the truth from the @rror; and when they have done that~when they shall have proved that truth—then they are to apply that truth to the matter submitted to their consideration. Gentlemen, Ido not propose to follow my learned oppo- nent in the various windings, and places, and arguments ‘which have been aubinitted ¢> your consideration. I pro- oe & call your attention as briefly as I can to the evi ce in the case. and to ask your culm and cmsidarate attention to that evidevce, and that you will pronounce Fuch # verdict aa the evidence warrants you 10 do, Thy wprisoner selected you to give bim a safe deliverance, and the community in which you live gave hima right to make that selection. He trusted yon on his part, and that community trusted you on’ their's. Would yon, then, aflord to that community the hamfllsting spectadie ofa jary, who, from passion or prejudice, failed to do their daty—who failed to aduiniater justice fonrlessly? very wan in the community, ‘and particularly auch an one as ours, bas deep and impor- tant issues involved in the result of this trial. ‘It has ceased to be a question betwoon Baker and vhe justice—it bas become a question of life and ith to the peaceable citizen. It has become a question whether we are to be governed by laws, or whether men may prow! about our strects at all boars of the nignt, heed in drunken brawls, realine trom re od to furl ing-shop, then take the tives of unoffending men, and ‘wards come into a court of justice and badger the court and the witnesses. and by raising false issues bad- 7 patient Jury. It was contended by the counsel for he srucaee, t every man has a right to carry arcs. But Ido not propose to discuss that qnestion now as a matter of law: however, 08 s question of morals applica- die to @ good and peactral citizen, I deay that right. Talk bout carrying weapons for protection! Have we not Tawa? Do we not live ia «a community where those laws ean be Administered? Am I ob iged to go avont the streets with @ belt around my wafst stuck fall of platola and Dowie-bnives, ae that peaceable gentfoman, Mr. Turner, swans sccustomed todo’ Such weapons are carried and thiever and v: + of the commanni we not carried for se f defenes~ by no menni ‘Dut self ce is the excuse for the Lnmicide which may ensue when the passion or the interest of those rufliany prompt them to use thelr deadly weapons. Bat I will admit that Baker might carry a pistol, and carry it for self defence ; but he must be held to a very strict “ac- countability for the nse which he made of it.”) fhe other wide aay toat Fools carsied one, Yex, he did, and I stant not here as his apologi+t tor uaving done it. "I justify and excure no man for carrying pistols and bowie knives. and while I accord with the doctrine of my learned friand on the other side, that Got bas given every man the right of self defence, I hold ‘hat he must cefend himself with ‘the instruments which God has given him, and not add a new clement of protection, the creation of the ingonnity of man, #9 long ax he desires to be considered 2 decent end usefal member of snc After some further re- anarks in this #train, Mr. W. went on to say that the prison wat the bar was not eatisfied with having taken site, but he must necds come into court, and through his counsel, scek to snatch away what little character he had lef: to his widow and fatherless child, tever Pooks bul done or said in regard to Baker on former occasions, bad nothing to do with what occurred — the night of the affray at S:anwix Hall; these were wide ineues, counsel ingemyusly introduced by ‘the Soarned for the accused, fur the purpose of diverting the attention of the jury fom toe main and vital issue in the case. A good des! of allusion had been msde to Poole as an American; he was denominated by the earned counsel for tho prisoner ‘the great Awerican fighter,” and be was stigmatiaed ‘a8 being such an abandoned profligate ihat it was the duty of almost any mon to shooc min down. Bat how. ever abandoned or profligate the learned counsel might deem Poole to be. he never, up to the time of his death, entertained an ides to abandon his country and place bis foot upon another soil.” According to the counsel on the other side, the prisoner was an aifabie, mild, pleasant ntleman; he was 4 policeman; he was ia an oc su) duty of which was to protect ci'izeny—not to them, “Well, while ia that employment he was the com- ion of Turner, the bravo—the brigaod—the outlaw. je and Turner, at a late hour one nignt, got into a son- troversy with Hyer; no matter which of them was right; he (Mr. W.) only alluded to the fact to show that Baker was thus associated. They followed ee from Lafayette Ball to Platt's, and actacked him with pistols; but he, armed, took their weapons from them, ‘and con” ‘tented himself—witt: » mandneaa that became the Ameri- ean character—with throsing one of them in this commer ‘and another in that. (Manifestations of spplease, which were promptly chocked by the officers in attendance.) , instead of appeaing to his pistol, firet it at the wall, taying, “Do you ser how easy {could tako your lives, gent ” He said he would not do so, nor would he make use ot the means which God had ven him to crush them to the earth. No, he led them over to a court of justice. ‘This the mild and peaceable Mr. Baker. Did ho wait for ttrial of that indictment before he attacked the life of another man? Notatall. The counsel for the prisoner said it was en nwinl thing to contemplate death. Did Baker contemplate ¢eath on that night bo went to “tan- wix allt Did he eoatemplate death «hea be commit: ted tha! deed of bleod upon that Sabbath fof when the whole of our city wae wrapped in peacefal slumber’ ‘Would that be had contempla ed death, And what was @eath’ The separation of the soul from the body. Bat what came after death? It was the judgment; ant the Uttle of life that remained to them ‘atmoniched them forcibly that howsceve> 1 their oaths or rexpon ied to the dema: 10 Would they be Judged hereafter: and it would be w' truly fearful coadi thon in which to gu before the Great Juajre, h&i they the stain of broken cath upoa thet souls binckesing then to perdition. Did Baker know ft waa a fearfal thing to contemplate death, when, without reason, justification or tion, he spet his bulle® to the haart of his is tim and sent the unfortunate foole unaanoin'ed and un annealed to meet his Maker? Th» learned evunsel then don to an examination of ‘oe evitence immediate- connected with tie occurrences of the fatal night. je referred to the fact of Baker being at Ling’s when the news came that Poole aud Morrissey had che diffisul ty at Stanwix Hall, sod tven tonched upon er'e hanting up Corner. He beld that Baker hai nothing to do with the difficuity between Poole and Morrissey—the latter did not send the message to him but to Ling. He bad no business up to Stanwix Hall; be knew that his enemy was there; bat go he wenld, and therefore he wanted Turner, wno wae a Ore eater, to ao- wompeny. When Turner was sent for, he did not want to he’ Id the bar keeper to may he was not In; he #as- cted there was guing to be trouble at Stanwix Hall; Tract tite language proved 1t, for he observed at the time, “I am in one difficolty, and 0 not want to get into another ;”’ that war, he was {a 4 dificulty by attempting to take Hyer’s life, ano did not wish to get into another by trying to take the life of Poole, The eloquent coun- gel then in exovedingly roathing terms adverted to the encounter between Poole ant Morrisey at Stanvix Hall On that occasion he considered that Morri-ney certainly was the eggressor, by reason of the abusive langage with which he ascorted Poo. He had no right to csi hin a “mnrdering son of a bb,” or tenant him with being ‘the grent American fighter,” No matter where M y was born—that was @ subject which had no relevancy to the cave. He (Mr. W.) would amy that he omtirely agreed with the poetic taney which made all men say, “this {* my own my na‘ive land.’ The man awho became his (Mr. W's.) brother im the #pirit of adoption, found with him that where his country was, there i dweit, or where rhe dwell, There was his country, And he would farther say, that the man who had been admitted into hiv country by u ct of naturalization, and had ssopted that counter no longer an Irishmen nor a sontcht@an, doer an Rngiieh- ‘wan, nor a German, nor a Frenchman—he was an Amert- ean.’ He dened, thee, the right of any adopted echizen of our country to assume any other name, or sail under any other banver, or eke aoy other devi e, than that whieh belorged to the country of piv adeptom Thay were all eltivens of one Liane | Poon pam there was no sopping place and pede sock to drew @ line of separation~calling one s foreigner MORNING EDITION—THURSDAY, DECEMBER 13, 1856, and the other a native—was a rpirit that, if indulged in, would ove cay sunder Our country iol fregmenti—tiia, the last spot for a resting place, were mom can enjoy the civil and retigious libercy which, to this day, wa: aline enjoyed by them. So far as the admigiscration of Justice Letween these parties was concered, tt made no ciflerence whee Baker, or Poole or savy manon that jury war born, Ap American had no more right to take the lie of an hi-bman thum ap li-buan had to take the hie of an Amencen. The learned gen'leman twen encered into an eloquent description of the riw of civil and reif girus liberty on this orntigent, or rather the exuses which led to its establishment. He attributed it matoly 1 te retormetory mission of Luther, who firs: ccossfully procisimed mental lioerty throughout Christendom rom ‘hat topic be parsed en to review the inerease of fyneticism inour midst. Ib was (rue, mod “pity "twas * that fanetichm was stalbing abroad throngh cut the and. Ferhaps it wignt beppen ti irom the increase ot t prejudice and fina tctin which they covid not shut their eyes upon, they would weit the teeling were nut restrained —o.ane deugogue elovat ed ty the chief mogistsucy who Would ‘play such fan teetio tricks before high heaven as would make the very angels weep.” Mr. W. then, in highly eloquent termi, ponted out the duties of jurorsin tae administestion of public Justice. Tn the course of bis romarks, while de precailng ontside influences ax being trooght 10 bea upon juries, he ob-erved that he bad oa more than one occasion seen the court room filled wish the ssa@ping wnd Sopentine Trends of & poner, and the very bench trembling with awe in the presence of the majosty of a mob. In spenking of the arrest of Poole and Morrissey, he maintained thet the administra ton of justice in the police courts war o pleca of the gres'est humbug that vould exist. In his cpinton, the Ja ‘gee were not patd sufficiently, vor, perhaps, were tho selec tons always wade with that carefulness which the {mportance of the oflice demanded, For bia part, he woud ov willing to psy the Judges thousand a year, if thereby they could secure the services of the very ‘best men for the office of police magistrates. But police justices 16 not the only officiais wwjudicl usly selectes. Many @ man, unfit in stery pactsulae foe to postion was clec’ed to the Common Councli throngh the manwuvrlog of political managers; that they al! knew—some of them, n few years »go, perhaps, working for seven or eight billings a day. There was equal «bjeciion tw tha seive- dion of coroners. Now, if they havi and @ proper coroner at the time of the murder, he would have been a oa to the scene of the affiay, and have gut ali tte clothes, and pistols and bullets, and we would have known ail aboat t. Doctors were selected for the office of coroners now a days; why, indeed, he did not know, only that hs sup- pored because if man bad his leg cut off, and died, ho might be able to communicate to the jury that astoand- ing fact. (Iaughter.) He (Mr. W.) knew of a coroner who told @ jury, some time ago, that a man who cat his throat cic’ not die from the cutting ot his throat, but irem hemorrhage. (Renewed laughter.) Those girutt wanagers might takea Laker, or a carpenter, or any other traderman, and make him a Judge, no matter how uot; or, a8 War Intely done, elect a mun'a Jadge one year, aad try to send him to the State prison the next. “Kor him: self be would say that he would not take che place of a e unless he bd acquired means of tas own ia the conrse of his protessional csseer, If thst were not 40, owing to the smailnesa—the total inulequacy of the sn: lery—perchance he might be t mpted to lean to that side which offered him the most money, Mr, Whiting then analyzed the testimony as to Poole’s going buck to Stanwix Heil. He argued to the effect that Raker staid in Stanwix Hall purposely to see ft Turner woold come. Boker lett there, wont to Ling's, collected a crowd of rome five or six, rode on stages and carriages. What was the meaning of all that! Woy was alt that \anding together—that hunting up of his supporters? It was because he knew Poole would be there, und that un- der cover of the diticulty between Poole aud Morrissey ho wight wreak Lis vengeance upon the deceased. If the testimony ot Ling were true, that Baker was 60 much afraid of Poole that be slept upon the floor in the second story of his enloon for some twenty alghts, would he bave collected his force together and g» ino the very den of the lien, Yaudeen locking the door bebind themy There Yoole saw Baker armed with # pis ol; there Baker, plac- fog his chin upon hiv thum), lookrd nimin the face. Was that insulting’ Assuredly, among such @ class of men aa the whole o€ them belonged to. Poole asked him, “Do you carry a pistot for met” aud speaking of carey: ing pistols, the learned counsel said that he considered those reckless rioters who carriel pirtols, aod bowie- knlyes, and slung shota, the most onwitigaled pack of vegabonds on the fxce ef the carth. For his on part, were Le to know that «man carried a pistol for Lim, he would grasp that man and tke that pistol from him, and dash it inton thousand pleecs, mid wiliingly, it Booeanary, 60 before a jury. Who eoramene- ed ibe diliionlty ¢ Ail the evidence fastened it upon I'au deen; for be it was who first accosted Pools as a “black wuzzled son of ab—h."” Poole war drunk, Pandeen was drunk, Turner was infuriated, Faker was’ sober, Poole sow murder in their gyes, and knowing that ali the ebances were against him, he made use of a ruse when Poudeon challenged him to fight, with mvtew to save his life for at least that night. He said to Pand®en that he was pot worth fighting, but that he would fight any Iisbmen for $600, supposing that their kere oe pelt would overbalance theit desire tor bis life. Hed be deawa a pistel, that would have been the siganl for the three of them ‘io bave fired vpon him. He did not and he even exhibited a forbearance euch a8 he ever waa known to exbinit under such cireamstances—he allowed hiaself to be insulted and spat in the face by Paudeen, o boy that he could have crushed as though he were an infant. Well, Turver fired and tht bimself in the arin; Poole then was shot in the leg. and had the shot been fired from where Baker stood, it would have exactly cotneided with the wound in Poole’s leg. Baker ac vanced, catght Poole by the hand, and they both fei; soon after, a ball trom Baker's pistol penetrated the heart of bis victim. Baker could not have beea an- der, tor he of course must have possessed more strength than Poole, who was wounded in the knee; an! besides that, ifhe were under he could not have fired the shot through Voole’a vest, by reason of the very position of the perforation of the bullet. If Poole even did fire through bis coat, It was no more than what he had « clear rigot tode, seeing that he was attacked by a mur- derous geng determined to have bia life. But he cid not shoot—there was no evidence t) prova it; oa the contra- Ty, all the witnesses who wore present at that fatal alfew explicitly «'ated that they saw no piste! in Poole’s hi ‘The learned counsel in this eoonoction directed. the at tention of the jury to the holes in the shict of Poole’s cont, and argued that from the very nature of the mares the holes could not have been coused by firing from un- der the skirt, He considered that coat (Voole’s) u most conclusive testimony against the prisoner, ally no from the fact that had the shots been tired from under the skirt, the cont would have the marka of burning up- on the inside, which it o happened it did rot boar. Mr. W. then went into a detail of the experimen: which had been ‘made by the prosecution as to the firing through = — wooll matecial. The result of theic experimenta showed that when « pistol was fired from a distance of several fect, the bullet made a round hole; when placed within a foot or #0, it made s ragged hole, and when the muzzle of the pistol was placed close to the coat, the com be burned. But a# he said before, Poole had ny pistol drawn, Why, then, when be had been already wouaded in the knee—no mater by whom—why did aot Baker any, stand back, gentlemen!’ Why cid Baker tackle with him? why cid he fire into his heart, if he had uot dewr- mined to take he man’s lifey That Poole did pot dis- charge & pistol after he was down on the floor was very certain, Then if the londet pistol picked up by Corkey Jack were Poole’s, when did Poote reload it if he had fired four times through his coat’ Had he re loaded it, MeDoxough necessarily must have seea him, as well at the other parties present. It asserted that Hyler had nothing to do with the affay, The jury would deter- nine that frem an exaroination of the testimouy. The oof was that Hyler was in the back room at Stenwix il with Morridsey that night. Suydam waa there Hyler had sold ont to Dean and Desgie, but bad not moved bis family away, Who was Hyier afraid of in going from Ling’s to Stanwix Hall! Poole waa bis friend; he bad lent money to Poole, is wu adritied—then who was he afraid of, in the name of commrn sense? Of Poole’s gang? That was very an- likely, seeing that the head of the bandit! (if he inignt so term it) wes lie personal friend. But when Hylar got up there and found the place half shut uo, why @4 he not ge up staire by the private entranes, to his family, who were waiting for bim, instead of going into Dean's ber room? It was all a pretence, and nothing more. Aad then when he went in, lt wae a curious thiog for Paudeon to lock the door, thos heeplog him from bis home, Did anyone hurt him? Notone. Bat in they go—Turner offs with hia coat, brandishes his pastel, shoots nimself in the arm, Paudeen and Van Pelt and the rest of them take to their heela, Baker sends a bullet to the heart of Peole, out be runs too. and whoa they are all ont in the street they fire ® grand fev de joie over their immense victory The learned counsel then read an extract from ire’ testimony, of to the first difMleaity at Stanwix all, on the evening ot the 2th of February, Is 4. and’ be also read aver @ portion of the evidence of the witness Goodheart, as to the same affair, oom. trastiog the two, with a view to show thelr gross Inconsistency; and alvo the fact that Govtheart «ent there because be heard there was going to be trouble at Sranwix Hall that night. Mr, Whiting, atter a most able rearebing exemination of all the evitence relating to the fatal ailray, concluded by saying —I know. | feel, aud fo do you, that Justice needs no victun. She asks th ax tert only ber own prerogative, Truth requires that you should band over » person convicted of sa «fence to offended justice, that the law may be vindiested. Thea I soy to you again, that if there was a concerted dew gn be tween Baker, Turner, and Pandeon to go to Stanwix Hall to provoke Poole to fight, ant el/her of them ki led bin, they are all equally guilty. With there remarks gentlemen, believing that you will do your duty to your Ged snd to your country, and to your om ha, 1 sapalt ix case to your patient, calm consideration, believing at the community wiil only bold you to that respons! bility which trath justifies tn doing. ‘Trnth ark# no vietim’s crown to wear, Her path i¢ opwards towards the eky, Secure she skims the upper air— Excelelor flashes from her eye. The extreme pressure on our space has relastantly compeLed us to very much condémee Mr. Whiting’s very eloquent and imprea {ve argament, Bix Hovor then arose, as also did the jury, and deliver ed the following CBAROR. 1 do not propose, gentlemen, going again over the whole of this case. A few of the views which have par tiewlarly struck my own mind is al! that | shall present, relying, se I do, upon your recollection for detaily, and requesting you, at the rams time from «tap to step as I Proceed, to carry with you the arguments, expsaa‘ion« fod ruguteions which Use learned counsel for the pri- souet bas so eloquently and feelingly prereated to you, apd to compare them fairly and fearloraly with those which may fell from the Bench. For, gentlemen, al- ‘bough it is not only the right, but the duiy, of the Court to aid you in your rearch after truth, ttis your Province, and, I way add, your revpour/bility, om your oeths to find It, and when found, firmly and impartally to declare it, leaving the consequences, whether of oon- viction or acyuittal, where under the law they properly belong. With thous consequences, except ax 1 auuli pre- senily explain, you, gentlhmen—fortunately ‘ur your nelves—bave nothing to co. Acoordicg w the classitication adopted sy the K:atut Of thin State—dillesing ta thas respect from sume uthe tates of the Unon—murder, although in its oavure th highest degree of macalughter ts made in law @ distiag <hence, punishable (unless mitigated by the executtve o the Leginiatue) with death aud yet, under an iadl+t ment ioe murder It ia competent w the jary, if ia vhele view the evidence requires or sdiite of it, to being ia» verdict of manslaughter in toe firet, secoad suid ac fourth vegree; thus, in effect, rosueiug the peasley of the offence from death to impil-ougo for & tern of years, or, itmay be, even toe me» peountary fue, I will be ior you, therefore, gentlemen, to deteuniae, ac- coming a8 you moy ascertain the tactw be, whecher ‘bis ix a caso of rourder, or of manslaughter, of of neither Ube one nor the other. ‘There ix no dia ate, gentlewom, that Poole, the de- cenred, whose death t+’ the cause of the luciotmeat oe fore you, Was kiled by Baker. the prisuper at the bar. ‘The Only question really tu insue—bar that iavolwes im is consideration many subordinass pois of toqui relates to the motive or indusement lo the deed. Killtug ®» bniuan being t* rot necessarily u urder, rarily w crimipal ect. If done iu seli-defence acd under apprebension of vio ence, the act may be justifiable; bas iu that case the epprehearion must be rest and reasopa- ble, the danger imminent, and the toreatenod erm of buch & charscter &» Ww be fairly denominated, in the laa gunge of the statute, “great personel fajucy. The reck- dees ond unnecessary Gircnarge of a loaded pistol, 1a a wanner evineing a depraved mind regardies of human iife, even without any premedstat ign to elfoot tae ceath of any particwar individusl, if death ensues, ia mu der, Applying these principles to the facts of the present 1 80 (aC AY We Can ascertain them, lot us see to what corctusion they lead. Baker, it appease, at xbout the hour of ove o'clock at night, accompanied by five other persons—bimwelf ud two of them, a¢ was their or bis orcinary Babit, armed with londed pistole-—ontered the then newly opened aut ing na drinking estadiishioent called Sianeix Hell, ousted in the most public pact of the most publio street cf this city, And the question ts—it is the fires question to be answered by you—what led these won there at that hour of the night, and what tar them 1 enter, when they saw the shucert up, place, neemit gly, at least—it being now Sunday —closed for the bight! ‘there had bern—the evitence shows—about throe or four hour previous, ® trecas in (his same plaice, in the prerence of some fifty or kixty spectators, of whow Haker was one, Morsissey and Poole, 1, is tru. were the ac tors Baker, although probably armed at the tae, teking no part, and even refusing to Morriewey che ase ot bis pistol, untii the police eutered and pac a ttoo to the proceeedi Raker, however, althoagh be took no PSrt, seams to have taken some interest ia tae aifair, for we tind bim immevtately after, at about or 10 o’elock, reek ing for Turner at wr.Alen’s, in Lispenard street, say” ng That there had been a muss petween Pool» wad Mor lisvey at Stanvix Hall. Not Guding Durmer—-who, tb feews, denied himee f—re took au ompibus aud went op town. He probably stopped, although that ia not car ain, inthe neighborhood of Howsrd street, Who he cousulted with—if he consulted with anybody—tuee aot eppeer, exceps as it may be ioferred from sabeequent events, All wo kvow is, that about balfpast 9 or 10 vteloek, or perhupa later, he took a hack ut the corner of Howard efreet and got out sguin at (be corner of Broome, snd in & few minutes wus seen turing back into Broadway, in company wits five or rix otners. We next im bim—for toe keeond time—at Allen's Hotel, in Lis ard etreet, dircuselog the Morrissey sflair, im com- pany with Pavdeen, Turser, Ayler, Van Velt, Morrisey ane others, ‘This war ae late as 14 o'clock or thers. abcute, How long they bad been together 4, 96% showa, ns the proprietor, who was the witness, had gone down town, and been away from his barrom for two hours or m Nor docs it sppear at what hour afwr twelve they lel Likyenard street Jt does aopear, however, same purty. except Morrisey, who, afvor the frst sffray hut given his word to the officer, aod kept it, not to go above Canal s'reet, at about one o clock came togechor inve the City Hotel, eo csiled, another saloou, at the routhwert corner of Howard street and Brondway, aod there dragk aod talked, but nat loud enonga to be over teard, Poole s suloon, you will recallret—for he too kept veh an éstablishmenc—wns ut the opporite e rner, ina diagowal direction; but it lad heen closed for the nigh oon after twrlve, Poole hime if having ieft is more than honre previous. From che Oity Hovelesunb L think w the faic izference from the evidence-—the rix persons vewed who had been “rinking and conferring, or at lent versing together thee, proceeded avout foar bocks Droncway, until they resched Sianwix Hal, whieh y must have en'ered as love as, if not Inter than, one v'elock. Why did leave the City Hal, where for noght tet appears, they were perfecily weit accomm ewted, to visit, at that unseemly hour of the olght, ano her establisbweat baying no grenter drinking conve niences, unless it was to renew. os Baker expressed 11 the bail which had been opened there,” La the early part ot evening’ If they merely wanted liquoc- which they already had % dent too much—taey would paturutly have taken It et the City Hoel, and trom thence have gone direct to their bede. ‘Why, too, when they saw the shutters clored an¢ knew thet Satur- day night bad abeady edvanced into Sunday wornic did they persevere in entering’ / 44 they not kuos tl Poole was there, or if not, could .hey pot easly bave ta formed themvelvee? At all events, when on ectering, { not beforesthey actually raw hin, why did they mot sesist and withdiaw? Why, on the contrary, did Yandeen, the last who entered, lock the dor be bind hitn, seemingly, for suck’ appears to be the only Inference, to preclude any outeice interterence? Sveb an entry, hour of the night, and e#pectaliy +o soun afier the previ- cus effray, of whien they were cogeiant, cu the same eveving, unless folly and satiaf-c'orily explained caanot fal to give rise to very serious su : went there to shoot, even fa the way 0 pustime lateodiog no bodily harm (cf which, however, there i no pretence), they must bave known it to be unlawful, Or if they went there to drink merely—I wean to indulge wn Loor inate parsion for liquor—they equally kvew, or at ail events were bound to know, that euch frequentiag, a* the law exprerses it. of “ippileg houres,’’ 00 w Sumday, wea aleo a violation ot law, hat theo—the question reeurr—was the motive of these #tx mea, and expecially of the one now on trial, for tbat gulawfui and suspicious vieity You, and the court and the pabiic, who tee aud heave @ right to ‘eel 4 deep interest in th’ inl, will mata rally, at this the threshold of the plo dy drama ‘hat peure tor a reply. had the prisoner at the bar, frem 8 or 9 o’eeck in the evening antl o'cloph ‘Le next morning, an interval ot four or five uours— what, lrsy, hed ne beem @olng of consulting or purpos- ing to do? He, of course, best knew bly own wwe Tents and was beet gble to answer that question. The procecution. in a measure, had to grope ia the derk ‘They, however, have given ux fomething—as much, I think, a could reasonably have been expected trom them. Ané that something—be it more or leaa—teniis, oa degree at least, though nut very strong y, to ruow d deliberation, evpecially when taken in eon. nection wih omitted explanations which i: would feem, might have been, but bave not been, very fully given. But this i# not all; there wae a had feeilog existing between the partles—exiating before the first affair of the same even Bg tor Vovle’s eonnnel acting, ro doubt, on expressions oropyed from bis cilent, had sdvivec Baker to beep out of Povle’s way, and Biker thinking, aod, perhaps, rightly, that Hoole had > guilty of gross weeng in the wilair of the Mase clared to Brewer, bolding out hie pistol that “If Poole ever teriered wih him he would shoot hin *s quick as he w $7" i now, for the bevter understanding of the #ub- sequent peebe, leave the Baker party, so called, for # mo: ment etanding at the door, while we take @ orief survey of the men and the then exis\iog «tate of things toane. you wll recollert, who after the miserable farce at the police stecien, which succeeded ty Che reml tragt cal performence between himself and Morrieney at the Stanwix Holl, hed recurned ogain, about 10 0” lock, to the vame place, wea still engaged, ae he had been for th mere previour, tp the tnvrdinate Inc pelite for champagne We may eacily iden. Although mot drank, aecordiog to thelprosser aceeviation of ibe term be was, ne doubr use the expression for the want of » betier. in what {s usually deoominated » maadiin state; but pot quarrelm me, enieriaining every bdy around him aoe the number war about adoven ineluclug the proprie of the house, and the hackinen whos carriage was 4! (be door. with the most profuse libersitty, At the partluler mement in ques ion be was standing with Liv back to tt bar. one arin resting on the counter, near the #treet, about tep or twelve leet from the belze coor, with Uninp eel, Ingersoll and Melooough news him, ane Ariakica ob chompagne with birr-—two bottien of which, under the al logation that they had been ordered tea twloutes reture 14, tu addision to bie previous upply, were furnla Kim atier Sunday hed commences. His other f bay, Lealer, Harrie and th two Ackersons were ater iu the loon; ano bas Count, shares, nod were ptf! sharing his (it jodged ho»pitality, end talking h coewrrences of tbe early part of w and bie party—whether by preeopeest and d you to fu came in. they opened the inner balze door, If no befcre, saw Voow standing etd leaning, exited, with hia back agsinet the them, eetwith: tending—aithovgh ¢ ffiouity of some kind or other reemed Inevitable if they persistr—oone of Shem, Traypwithdrew. And this i¢ the more remarks. blew we remember—and the affair war no Cowbt frevh in Baber’ recollecucn—the sbock!, cy the unheeded advice of Mr. rhafler, when Baker so cows jew ly, and, as it appears to me, no perversely got bin self mvelved In the quarrel at auother dring mg raloon to Brcadway, called the Gem, sod ware mW trimied ty Poole, The expres dons, too of i’ tg the same deadly hatred—attered in the City Hall only 8 fow weeks previous, in the very tace artog of Ma ker, coud net have been forgrtten, And Hake, more over, had been @ witness to the treauornt received by fiend Mo: very ame evening knew, moreover, thet the bur hed serived 0 It wae no longer lawful for bim to vinit «uch # place the pur pore of Uppilag. nor lew'ul for the Leeper of 1t 10 rele rong OF Pplfiuous liquors b> bla, or eo any per <0, Det being & traveller or lotger. At yet he an bi «ty —in mpite of 2:1 the warning which put exyerieaw 700 them, sad which the law qoalirmed—perns ad im thetr purport, advancing In the thee ef Pools to | © fame counter agains: which he was reoiining, and takiog thetr position ail except Pandeen—sithta eo ov ot dim. What, on the part of Barer, was the m itire of thn piocerding’' What, uniess it were active bow Uity or un Warran enc defance t Aud tk mot thistaferen ss sutra: e¢ by the cerduct of his companty, If pot oo ifelernte Paudeen, who, immeoia ely on ent addressed Poole am the mest insulling language, sno 1 iilo'e) 04 Di, &» ail the witnewer coreur in atutiog (ihr ee thes repeste?), the most irrivating of all poreible indiget fey oo mush eo ‘hat iad Poot abet bias Gord ot, the fi tant, few nen of thoee Who ae exled men of spirit, whetewer the law may > WCU Pave eondemned the act. If chia outrage oF Tandécen’s was in any degree concerted betwen him and Deker, it would he tdi, a» it perms 0 ie, to pretead that the subsequent killing of Poole by Baker was in seit di fence The cuse, he text view, would be paral el with the care of Ward and the wehyol ‘eschar. in Kestnery the renuit of wileh received, as itdeserved, the condemns tion of all right judging men. deat if beter’: in entions worm peacefal, why, when be vow bis companion proveking # oematy sttte which hi could 60 evelly Dave aevented-— why, Lany, dui hen t tat sectaily when be knew that whie be bi: w ver, bis companion, ft uot drunk, was, a! exeited by liquerk And why, ner of his companions, crew aud p luted hie piefol at Pooe—Voole at the ive Keeptog Lis plete! in his pocker—eby, Tsay, dd he nob then tu terfere? Why, unless tt wae that, smarting wader Lis Kap pored wrongs of Poole. on bimseil ana biy frieads, be was rarber willing han otherwise tuat Poole should be spit upen onc slaughior d? buch rotiver—if they existed—and the conduct tlow Sng trom sham, may be in reoerdance with the rales of ravage Hife. In a civilraed aud Christin comamni'y they never can be tolerat Be the motives, however, what they may, it is cortain, on the whole evicence, that uatit Powe had received tbe firot ehot— proceeding, itis aleged, trom be plete) ot Cur~ ner ond di-wbliug in a measure one of Yoole's lege —Bador did nothing. Bat as soon a# Poole recelved that wound snd Hteggured forwarc, and, in falling, cithee sete |, or wns seized by, Boker, the action of Baker commenced Both he and Voole case down together, Vo Te xt the time baring no pistol in bia head, (although tt ia clea he had ove i» his pocket.) white Ryker had one opeaty display od and {tix on thie act of the Grama—an act of but a m>- ment’s duration that the question of the guilt or iano- cence of the orisoner (eo tar at least ax rerpec ® the charge of murder) depends. If the leasing witnesses on the part of the prosecution —and their tertimmy is in accordance wih the dyiog Meclarations of Yoole—if they, I way, we ty 26 credited Faker deicerately and exulting y, nud without a shi of proves jon or justification, (excep the urinet ole one of long antecedent wre while Poole was down and suffering under the wound infected by curner, uhot him ‘¢ the hea) tand tied Te tos ve sion trae? wwer his question we will first give the vorslon iteelf a litte more in de'sil Vrole, then om bis veath: bea, in effect ays, * Baker kiled me, I dud got dce,!” “poole.” oye Harris, “ foil ‘against the wall, drawing Baker on his, Baker's, keee, 1 ran as clorely dovn to toem ax J could get, and saw tee flash of a pistol tn Baker's hand; it’ was witaia vx tnehes of Foole’s breast; the pistol was dice ited Light to Loole's breast, the left wide ; 1 did not sen Poole fire any pist 1 at all; 1 did not see him have any. Harris, Dean. ogave aa wood an ides of thete porition (Foole’s and Kyker’s) as i kt only Baker aight b been leaning with hin heed on the tor taser bad his pistol pointed to Poole» breast; {t was about two or three inches off; [esw Baker fire: beture the firing by Raker, | beard bim eny, ‘I will put anend to this,” or ‘to yous be used one of thore expresions; he fired the moment he seid chat.’’ James Ackerson, atter describing the peeition ef the pe es—Foole under and Beker op one knee—-«weart that Paker raid, “WM take you anyhow,’ aud fired & pistol at hin brenet Shoy's statement is, that Baker, * ids (Moote’#) bremt, said, T gneve I ond fred right down in his breast, and that Poole, in lis (hays) judument, did not fire at all thar night.” Jacob Ackerson, a brother *, ewenrs he kaw Foote and Paker tell; Poole wax down, and Baker over him, Cn one knee; “S saw the tach of & ptstol betwee a Hoker and Poole; Maker fed tt: Lanw « plavol ia Baker's ord; 1 enw nope in Poole’s: Baker held the pistol right down at Qoole’s breast when he Brea"? Very ure not only tw. or three, © ope.) bat se withonwey direedy Is thet version tr Does it over overk i suppress nothing, nnd color nothing, maverial to a fair #pe just tmpreseion of the actual occurrence? Ifoo - whotever wight be the judgment of fiehtlng mea—the flevce. tu theeyeof the Inw, fam compelled to vay, would be mourder—s murder, Tadmit, ae to the punishment of whien & jury might Very vaturally deatre to effeet, and weight very p Gpenly recommend to the execative mngte- 6 great & saitahie miigeton; bat of wiles, never con It would be thetr duty to pronouns the party giiivy. lewving the exerele Of the derired age dhed boy Fe the geverrmea! to when,” ‘to whieh acre in enel w case, 1 constitutionally belunes. ‘our law admit» So much of the version of these wirneases ae relates to tue mere tact of the killiog af foo. oy Baker li rearcely, int all, Aeputed. We may aseame thar fact, at all ls eeeleorly @stabtsber and being #0, the law im iately throws the purthen of proof, of any alleged tfheation om the secured Hay tov nceused then, In this case, given such pro t- or can we from al Viveuce fairly bafer——rhat he killed Pece in the exere te right of nelf-tefence, wne noth f humen hife, ov far t ve m whe, ath: ogh celled ae aitness by the pr pot unfriendly to the ative of the afivir diffe ing somewhat in its tendency from that of the other witneser, wna meking it out thet not only Poole ond Beker, but Lovier, also, 8 brother-in- mw of Poo down togetber.. He says, however, that as #ooa three fell, the compeny closes around them, andety no more, Mitchel), you will recollect, as soca w+ Tarner hed fire¢—which w first shot, aw ef bebind the counter, gt the end towarcs Grosdway, (mae Oterely tan to the back rowm, and trom there saw Durner, whose arm bad been rhattered by his owp bat, and wh bad tallen im consequence of the wound crawling tows: the door on bis hands ant knees, Mitchell, thereti pact of the time, must bave beea with hiv suck towards the parties, acd when be turned to look must have beca Cietant trom ‘bet about forty feet, if not mo =the main raloon being atout Gtty feet inlengsh Hu opp ¢ tunities of vielon, Gonmcquent'y, perfect Us mi low his testiinony ow the meta tien to out veigh, or een Vy to wenken the vitect evidence he othe: witageees, “And the rome semark, ina grest degrer, ia epplloadte to the account giveu oy the defoud out’s witners, MeDenough When | looked ent of the cloret,”’ says MeDonengh, ‘1 saw Baker on the floor, uo > Poole. and Shay and Ackerson #iandiag newr, wad all of them firing.” As McDonough, it seems, was te the act of eosieg Turner's fall—which wes iamediatsiy apon the fy and trying, without effect to get his piatot from him, @ ball, fires’ probably by Vaud paseet by bir eer." and induced him to tly trom ‘he canger. At the time,” saya he, ** the bati came so close, I tuok to the clover. MeDenengh, therefore, ike Mitehell, must, for » ‘ow m ments, have pad bis back to the ncone, and when he turned aed looked from hia place of retrent, mumt have vern more ot leew ttnperteetly, ant, as he states also ugh a coud of rmoke Aw to Losier, he admits that be «i fet, but rays ihe biow was given ack Baker with his hile fakes wae on or over Poole, He himself, however, imme. received # shot uvknown became iwsenebie, or at least in ay y confused apable of turther obser + rom this brief review —and It is uanece sary to detain you with further details whica your mewory #1" readily royply—you will perceive that there is co direct conten vdetion of the statement made by fools and toe six first wh neers come then, next, to the inherent probabliiiies of scare. Baker and Poor were i teen fora long time) of ~werylog p ecarion in quemuon, undoubtedly p pocket; and Baber a9 certainly had w pistol his hand tbat Boker «ischarged bis at the person of Poole may be serctned. But wheter Foole dire: arged bir or drew it ht for the purpose in a question, That he made neo open cencortration of the weapon i#s fae’ in which ail com our. He Kept it im hin pocket unorawn while Lae bait cranten Peaeen was epitting (n Div tace, and when be Grew hie bands frem he pockets and het fem up, ex laiming (if he did >), * Are you gring to v we!" bie hands were empty. And ait ugh he, ond probably t, true, that ke tranalprred tfrom bie breast pocket to the pocket of bis Reacslonse at the same time eocking It—althongh m beving head the argument © the conpael for the reereurion, J contes { have someioubt pon thir point me evidence which proves that fert if ft be » t proves alo that tt was cone quietly and even vealbily. He made no Gieplay of the weapon aad ot ere no threats, and no man of the large number pre vent sow bim fire, The pirtel, (0, if the one hacded ap mberuy sfier to the poliee magistrate te ‘ Topped from Poole that righi—s petnt I shall tly con Wer—had every barrel ionted sod an tie etd. Avd be hinself, when inverrogatet by tle phy on be dylog bed, and fally conscious that ia » few —mttend Of Weak and linperiect triva rel! man's creation be was te appear vetore the tar ( teogurt Being from whee af! arching eye \umce r caye—! cole h thas toriiving, and out evinetog amy meperity rds the man who bad win Mite y (oa to bie part in tb y offeir) that he hed whet t light. What way, approving Itemlf to an impartial sayalrer rath, i thin mane of evidence both egative aod 6 Ive ronght to be overs me? It te nei that Poole wu the othe pal wit peesee for the People, are not to be be 1 ont You wil judge whether they Lave been guilly or are he'y to bave beew gatity of del verate pe jory Fecoud.y— It le said that Beker wan se utd hoatile oye bare 14 to him, and war ber he aggrees:r. ribly-—Thet Poola’s overerat which be hed om thet even'ng, 80d whirh before wee perlectiy sound, wae die everee tmmnetiately atter the affrsy wih three or foar betlet betes tm one of te shirts. in jog that mated ever bimeel! bad been bred thong It. by patures perreet'+ etttwmn. be ha: wantabe p for Cimnderly eomnes, aud ee ee person which even the mort palntal experience (I al fede yarteuiarly to My, Mhafier's nervrant of the affray at She hext to the Prowawsy thestir ) had no prewer to centred. Ao Va We bed groan’, ke previons brated armies ang brutal conduet of Hooke, expeciatly in his Intercourse with Baker, st must bave eoruck you, | think, im the coors of the irisl, I find I noted the eas down in my mta- uien, while \be evidence was being gives, and which may 2s well be expromed to the language J then esed—tinet: © The outrages (ol gpa by Poole, on previous ovoa- ngetrat Hoker, or Pakes's friends, be they ever atrectous ond ever #0 correctly narrated, furnish no legal Justinention for deliberwey, without legal process, tak vg bis tife; while, on the hand, io balanced » (if tach were this case.) they wool! bornting cireutastanoe, to show the prova- 1B cor probable reeentn ent ix the mind of Baker and tle consequence of such n stave of feeling And we aceortogly find that Baker, ma f reat 10 ‘he ibestro, instead of wvol ining at onee when be maw bim, tf ne rhouid bave done, at leant from the place whore he bad fl cedy witoesned ove frachs the same evening, pwrsi sted in enfering after the proprinwor had tn eifeo', given no- tice wat bie place was Cloned for the might, and Gast, too, under the pretenos, er, if you plonne, with ihe bors fide rotive—lf such & motive, under the ctrouinstances, sould be bond fide—of indelging in more Kyaer. Can any mau Genbt what Baner's footings wee, and in what erat xettemeot, when be watered Stanwix Hall « that night, im company with its five arsceiates—three of whom wore lighting ohirus a it of whom were fresh from their berrcom ¢l.cussiona, om the envrwilty, wo may ruppore, a» they consider) tt, os Poole’s conduct three hours pefore at tho same pines, ona towards their triad Morrissey! Did he not see his fiend, Paudeen, tastently oo mmencing a quarrel with Hoole; ond instead of interfering, a a good cityeon aoault have dene, vo restore peaoe dit he net sootly stad by end allow the grosnen' insulus to be throe times re withe n uitering # word of hemovsirane? 1 nor, withovgh unwilling to do anything in eid of px yersint iu remaiaing, wud In indireetly, by ule presence. conntensperg the entrages of bly assoc Wir nit this, in there anything inprobable in the e¥orn state ment of Acheron aeé Dean that Baker, when polniicg ave discharging ix pistol directly inte’ Vodle’s broxat anid, ‘Pit pat en end to this,” ar vo “yon! or 1D take you anyhow,” or uttered nome expression of tlhe laport, incieating a feeiing not of defence, but of what be proba bly com ‘As ih ground—the bullet holeq made on the ove: *» overce 44 will reoolheot tit, alae Turner corumenced * ter bis and ot ludiscriminately took ¢ Inoeed, acsording to the the cur ain dropped used by Foote, us me was oroathing his last tue would & to bawe ‘alien like the seetteriog af # hawlfal of corm. It is not uecermry, therefore, in addiiva to his other sinv, t convict the dead mau of perjury, in er ‘© expinin the condition of his garment, Ho » wears he did net fre ately and po witness, unless it be the silent garment openly exp sed, Awears he oid, Aod sh upon he ambiguous givings out of Uhat sonsele mpound of wool abd coticn, which Poole Wok n» pains Liberately acjacge that the dying man , permnlited “hunsell to plunge dato the dark and uniatsoned ocean of @eraity with « le upon bite Nipr aud perjury om his woul? It bar sewed to my mind, gentlomen—t cannot ray how it may hove struck yours— hat this feature ta the cefence, this efort of the wecused to bluekea the name ot 16 man whore life he had taken, contensi® most nafavor- ably with the «piri evinced by bie an agoaint ta that dying cectnration: “Lblame not Kaker # mach as Mo dirving.”? It asrumes, and in effect © daring cbar an dly mauner, without 1 foarlooaly displayed thine howre be hood, after ten days for rotieo ) and with w certain, iuevi ! be had fore and then en bis teD, with ne hope for 1 *ebe grave before bin, wrhout motive again, te ly fwore tbat be bad not fired at all. Li Makes ‘believed this version of the transseton to be trne, can tt be creaiied that be would not have taken some pains arte time by himrelt or tri have secured t yiut ore Vacout barrela would have told the tie Why did he ave the: whole proof on this point to uke unarninted la f ihe pubic proseeutor’ Woy, uuloe fre the cv ai the plete, Mf produced, aad Its wentity hed, woud trom ite umole urbed con tents hove cemonmirated that ne ball bad teeued fom it ‘bet night! Tam aware, contionen, that as to the com. pletely lowded pistol whieh bas been yrodured vy the prorecution #nd traced hick te the police officer, wae at tbe tinw received it as Voole’s, but not from Poole, there ino detect In the chain of evidence to entabiied ( tren iy © evidence, and what thare ts, although ireper denies oh lncst by toe mosence of any effort on the per the prisoner %) procuce the real pintol, if it be diferent and by his veviment and Bight. But how, tt wilt be salted, if Baker receive bis woundet Baker Poole of4 vet fire af yon will recollect. If Mitebell aud MeDonough are co 4 in thelr imp:ers was for on tustent wt leant on tee four bewide loole, struggling with bio Why, then, at that motnent may ant ball from bay, who fled four times, have panet « her's beed, from front to rear, Mi bone, nud euother bail y J a weil extablished rule, that where tee imony can be reeonelie it shail be in preforence to tm puting serjury to the witness uf t there way te oe Atepliyod hie y idence slightly tonc ing thoole, when shot, waa attempiing to eon: me unlawiu) act, wlll, if you are aatisfied thet remedy of kiking’ wae unuecosanry mevrloughter In the second deg ee As} bave avid already Niemen, the act of kill ing being etal lished, justifiestion reste with be aceued J wectas uy nece uy the law can sdaurlt, or whic weil ordered mind can approve—for such ao extreme remedy? His coumel, © udmoniehed, yr Sand ximort appalled, by the magni d bly and eloquently t turk epd bas demonstrate ' (as be concwves, and 4 te pelieve) trom the whole evidenes, taken alt his ¢ wold wih together, and critieal y analy ced +m toot eventful wight, wae to © « If defence.” But does not thie almony ite y with ft, aed strongly 4 most important act Mem, it wil be remember he one ane ALsle'y in tneue~—wes but o ratiun. They choctied, and fell, and Bred, Vaker fired, with latent to kill, and Yooks received the mortal ball. How te 15, thew. penteemen, tiat euch a troveacilon #0 briel, ebon'd have required he cation! Weent—doubte silently « fu werds—whether the veteusible p co, inter pared in beball af ibe esc there ma, nnd whether, upcouseioualy or other slo pot be lurking bebund Itanother, which. althongh ed uinelble in» state of pubtte war, aad not uncom mon in cares of border wa tare, con have no place ia time of peace a the courte of justion of & civillend eo mamunlty. Silent leges inter arwa—l aum be fore the er n0n's mouth—bat when war ia at aw end. and order rrigas, or In presumed to reign, the right to vengt injuries, real or Imaginary, by dendl spans, eases aod ought to cease, It be a rignt—if right lo be— pertain log to # fr only—war w te wagea by pubbe suthorities—and mot t brilla. ‘As to these the rule isan it to gocd order that homicide, al/how provocation, however gront, if there nas been, as the expresces it, puffietent conling time for passion two au vede and reason to ioterp se, la deliveraie revenge (Met tess ot blece) sod therefore murder it ix not allowed w the priv‘ citizen, tm such cane, be hie wrongs ever Segren', o take the law inte reached t mes ord ont government have Ungecier euch an this en. me of the actors, if ne «for you to crlerming which amt to wh Mr. Brady then arowe and raid enpeomed thet the ant duty to be performed performed by my bearned associate, and ne, if your Honer bad not given » detailed narra the Jury hich certain Athat are the very facta which niseve. I know the Jory bave te to pay py regard whatever w the aseamptions of the Court. Leacept to the whole of your Honor s enarge, tenure you m that tench as @ Judge, aod nt on a jurer with all due (Cart in ite charge bee wa exchyt to your statement thst “three armed foto Mewewts Hall! Deseo eabd he ded oot bo © pistol or wot. 1 len wiry ae to why they lett the not to renew, OF, ae Waker exprésmet it. ' to on Yell that hed teen openet ' hee. Your He Vi Veadeen look the deer.” I except of the éebetenble po 1 wvala for ® thal by jury, it ” te to govern the fory in the Goel ari ehateotie 1 except ww oye ruling thet uentirg Uppling howe on « Sendey morning, in « Jv se tor prey Mekal intorenoe ins murder trial, lexeapt to your Honor’s obmervation thet that visit was epieefal and eurpiotows We aber ox cept te what your Henor mys shyut our tot showing hat Heber wae dclng from G oclek 1M. tla Mf eareyt the Court rays about wih theme per ho oul wee Poole when they entered the bale They coal pot. There were sme twenty or thirty lo the room at the time. Your Hewor sage thet Maker trediensly and perversny get into the dileuliy a Use Lark you t charge ® man, b right to 9 Ro 00. & pail by he fo Bet obliged to ekulk oF emenk ont of it Y yr the taetinewy corvemyonie with the Ayling de tf Poole, Demy it be ity Girent comiict with teem ennee — ir, Putenan tontibed that Pooks be be tmilete were Calling stent bien © ae Uhiek J aek the Jory to ray if than be by neon dann Your Hemet eye thet the bardee Semvept bo ot, Leteept to all your Homer's remarks im relation the Vetineny of Mi Also, © that there te no cirnet eractaetiction of Punle end thesit wiloneeee, that Hamer Dod p peor fer clear derly wore it pet mem ere “ with the tertimmemy, of preed to Vole onan We wpem the accomed PRICE TWO CENTS. sory to convict «deed man of perjury in order trex; the holes in bis garment; thet the eff rt to blackem contrasts urfewornbly with his coniuct and charsetee, {LAL the prwecution bas established that his pistoh war net diecharged— to all af these remarks | (ake exception. 1 object lo your Honor’s takiag Voole’s -tatemeute to Putoain as ¢ying declarations. He could only eee ne a ying decloration whet others had wo hitu—set what he gid mot do [ am cept to your Honors observation that my eercointe occupied pine hours addressing the Ju- ry. ‘Vint was a eort ef an impliestion that we kaew accu! to merey hat if the Jury beliwe he woul! not mepoet them ae olth re rominend him to uerey sone if they were t The Court—Aa to many of the polnte of evidenced, I sieied, fm the beginning and { slate now, that i bs your business to weigh, aad you are to jadge of ibe ies, The law gives you that power, imperes upon you that duly, and in my J went the ame law limpores onthe Court the 11 attending Lo the evidence an it advances, aud of demw- th ing such co: uct Way me6 pro per, and t not for the purpare of governing a ta ‘ald thon tn thele Gee lberations. Y prebeble thal as to seme pedats of the evidence « mb appre isted on tho part of the Court the fiext wound reecived by M fred by Turner or by some one cles, Lena the evidence at first would undoublenly Lead v6 the eam ciusion that it was Turner, Mitchell (eatiles that after Gring, Turner Sregged himself towards the door— Mr, Clark (interpostny)—May It please the Court, we ton way have ex Jostance is ee to whethe: say, thomgt tis only adeworlog Whether he o not if ® matter in doubt, You may every other part of the charge relating to fw You are to determing upon ther The counsel tek» me to charge that ft i# not unliwfal to Vielt this fippling bouse, After the bear of twelve wight, to vbit euch a place for the te not lawfal, woe iy Li Cor thee open t veh parpowes, unlews to of lodgers ant travellers. Whether te pat not in to govern peat, Thave to that. The lot whlok 1 the prisorer has talon twhieh | thik, we he taken 1, ts probably hot where the ena mado by tbe prorecutt Jot the right af eat. defence, you aro not whole barten af penal upon the defence, dut take all ihe elrenmat ther, Aste whether you oan bring Ina vor stoughter or not Twill leave [teutirely to you yeu, and you slone, are the judges of the guilt or Ina, eepce of the aceured ‘The jury retired «10 quarter part & ment in + ‘The jury th pinutes afier 6 o'elock, aad ete » following meaange:— Ve no! agreed mod we thiak It very doubtful,” trem ent appearances, whether we cum agree for a Teme ¢ We would respectfully vollolt dame We be furnished wih some refreshment im the jary rece. JOHN ORANE, Porat, Conaeel jor Dye proseoution and defnce agreed thet the Jury sboulé Lave refrestments, withoat liquor The Court the s rosees watil 10 o'ehoek Thune- day morning, giving ¢ the menntime he verelet, ‘The prisoner ond bis father took an aifectionste thee. well of each other, and in ® few moments the busy, bas thing court was an shen o grave~the secused eal the Coors fn attendence being the ouly reaalning egos. pants During the progress of Chis trial the Court ream, aa wr have noted frow cay to day, war thronged to Ute atemned capsclty, Many were the eubterfages made by partion ender tortng lo gain wooen ta the budy of the Court; em as frequently ae the pystem has been practioed of follows aying they were reporters feom this paper and from that bave never heard of such a number vored to Impose apo One would lnagine In fact idiers about town execmed to be member eotions that if the jury agrend tm be semmoned to receive thedr on on gentiomanly forbearance of the offtearm, that bell the well drewed of the prow. the regular ant wel known reprerentatly Papers wes with the greatest cous teay fe slals, and received their ald lo ubtelning legress ‘and the crowd, as well ax a wildog ataianiem where thelr buslnese eatled them, We © the Court, whtelfreceived aneh sanoy nt Interruptions of parties coming » plea of being reporters, thet, in fature the many difiouttion that nt trial, ach newspaper soak odie on for he re © wey Bot Atl pt tr Lpawe my Sleera, who ne‘urally Seek ems who represeal: bial! sa oomm this trp be feo Blened with © card Dp TTere, ve that : 7 the credulity of the Hing to dirnblign ay ng fem one peper or anuther LATEST PROM THE JURY ROOM. Te re a Up to this hour ry had failed to agree apm e verdlet Commisstoners of Kantgration. The Bo # o'elock 1M Vrewent, Comunale stoner Verplanek, ty the ebmir, Carrigan, Kelly, Gum wings, Purdy, Gmerigue. After the trenaaction of some unteportaat basianm, @ report wee reed from Dr Harris, Kevtdent Mhyrieten of the Ma. i: Hospital, in reference to the amount of land owned | on Maton ident, la which were s0 of im prowing it. Hee Vice Tnmeset stated, that cignty ax emigrants bad been rent to South Carolina, of which fifty ix warm from Ward's Inland Commissioner Ketty wade « report from the Warde Iland Committee, commendiog highly the adminksen tlen of Mr. Hillebury, the new Huperintendent. They vtate that all the employees are at work, am! to en em cellent tate of divelpiine. Conside taining certain employe stleged. if discharged. w Commlseloner Canes Ghonght, thet ja Doers, which wae deeply im debt, reqelred toat all nme. coceery belp whould be Alecharged Compdaetoner PrKuY called attention to the fret, Chat cpser the prereat burinee arrangements the Hoard, tow moch Incory wee paid for volved by the Inaitte- He tuggesied that a pu chasing agent should be vreplarioner Viartan x said, that course would ley open the men A the Bowe’ vo the from interesied or corr pt motives, watter would lay over until « full Board wae preenot. The Beard soon after af jorurned, WreKLy Se mit Number of emigrants arrived to be itt . do fo vince Lee mm wha 171,60 ie im 1854.,..., an He ime Tibet Lutrater in Inetituttons—Ward's lent... 1500 3,060 wo. do. —Marine Hospital “= mn Total..... - foe Pelance in bank, Jan. 1, 1865 lle 7 to Pee. 6, Wht 47,09 oT ved vince Der. 12, 1Abb, tor Cotutnheelon A pamengers, ba,, 7,018 24—340,006 6 Total... 010,701 oT Disbursements to Des. 6, 1860. Shu, Omt 16 wedry expeneen pald to Dee. 6 ee (Crver draft on Mechacion’ Denk wow at Ne 189 Demme \ree, were bronght before Juwtoe Connelly, yertertagy {ter con, Co & charge of I treating thelr deughter Ibe a 4 weet comidera sly The complaint way mumde by Mr Som Erichen, whe « 9 (he ame Lowe otte be etcmed. The magetrate conclaied o onnwlt te parties to prison for exeminathrn ever OF ORANT LARCENY, Thedere Aleman wer arrest on sueplelom of having etolen gueat @100 worth Of pertemnonnaien eal er} e ot Netntio Hamphreye, @ the Workh + Neinnd. The saeaned, 1 le wileget. vy een ‘he bland, managet to Meh the shore emerett of pooperty, which he conveyed away at differ eutt peviied 1 wth a female friend in New b for sale keeping. Aihermen wae committed tr ouam ipetion by Jestice Dariteon ALLIOED APRAUIA WITH A DIRE ENTYR. Jobn Niky wan errertet on & Conrge of seemulting Henry Deiew, the Derteeper of (he dieting rebon cm or ot terond atenne ant Twenty cigeth ereet, wi @ irk belle, beeeure the latin vols not slew bie to e 16 totem rem (ree of Ny WnLary Wee erme Hc theer party. The pri cited bor Wiel om charge A actu lt aed alt oh MAD Wnt m Veneeneia. Diarle Ge Arise Nev 7 bhy wae opened on (he let of Koy Fete bermates wee ote iad pret ajo The } er ys hae The hele tality tm one whem population her of the ment 16 nines, edtolly reging st Valentio, the or ne Nhe beh ee ede: eo 17a nwt Cavenae the Aincwne bad comebhernthy shale’. the emrd ot Mhyeiciens at the latter ety maw nq devinre’ hat chelere bal onamed to emia as oe oy vee te ~The Red river hunt 0 10) mm Ther womens beh mon + ane They bare 1800 carte, amd remge ofr Coen fret the Mewse river valley to the Mae river of the rh set tech year im June aad July, ami agein im Cotetet wah orwmbver, omery ol Ww Ube Few ee om be tee Bog oh torr a | tray spe Grad, oF sheet pryie ae elanpla rarted, honest pad lecaatrtveg Tor Rep Kaven Pore ee