FOR THE PEOPLE. TCoaaiitud ;.-om Fif.h Pire.t i.n,livi,l,l fourth- of said ranch, lxfibre W; r.o.1 Also one undivided ha If ot r WnTv-sfc in the Lima Consolid kted minp. situate as before mentioned. Sixtlilv. I fiive ' and devise to my brother, DR. COHNELIC3 II. BUCK, TSTow livinir in the town of Stockh Jim, St. Lawrence County, State of lew York, my entire medical and surgie li- lirarv: all medical and surgical mstru- men ts or appliances I may be in po: ion .f at the time of my death. es-Iso 11 nix uoarinrr amiarel. of what 1VCE .... ' -- .O L t kind it mav be. Seventhly, I give and devise to namesake. Nathan Lobdell Buck S (nrnhiitl now livins with his parent m thi: town of Fairfield. Franklin Comity State of Vermont, one thousand dollirs. Kighthly, 1 give and devise ,to kny sister, Mahala T. Soule, wife of A. H. Soule, living in Fairfield, Franklin Colin.-, tv. Statu of Vermont, Iwo lhousind; Dollars. Ninthly, 1 give and deviue to my ter. Mary Buck, wife of - Abijah li- II. Buck, and notw living in the towr Johnson, Iambille County, State of ot er- mont, One Thousand Uollars. Tenthlv. 1 irive and devisa to half lis- ter. Esther Eliza Buck, now living Fairfax Franklin -County. State of V r mont, One Thousand Dollars. Eleventhly. I ftive and devise to cr.v.id dautrhter, Mildred Buck Spe daughter of Nellie Buck Spear, forvT mentioned, One Thousand be- fl- lars. to be safely invested for her u til she attains to the age of eighteen yeais. Shmilil she die before cumint: in possis ftimi of said one thousand dollars, it is revert to her mother, Nellie Bulk Spear. I t Wj-vs said by the senior counsel ttr t!iA ili-fpnae in his closing araument tliit there was no one left to mourn for lr. '.nek. Possibly some sort cf lnterenL-e might be raised from that that th would be some justification far killin man if -there was no one left to grie his taking off. But you perceive no Gentlemen- ln Fi. Mntcrruptinif.) iou mis r.'im si nl me there. Mr. Moore. I didn t say anything about mourning I sala there wj.s no family,- no one ot 1 blond... i . . . . Mr. Moore. '(Continuing) You ha already perceived now by the reading f this' w ill that he was a man wno n several adopted children. He hail la rrf-imli'hihl .the dan filter of Ofte" of h adopted children, lie ha) brother of his own blmul. lie nan a sister oi ins owxi blood. Hehadhalf sisters of thehalf bloo So that there were mourners to so abov the streets when he went to his lot home. I; don't know that it makes tl crime any" gr.iver on the part of the d feadant in killing a man who L K FT A UKCE FOLLOWING BEHIND, Than it Would if he had killed a Ion lonesome individual who sat gazing upo the wreck and ruin of all that had gon before hiin, without chick or child, o house or roof. It is about the same. only make this remark lieoause it wa; stated bv counsel aptiarentlv as in so:n sense leasenirii: the crime, taking awa. aggravating circumstances to show tha Dr. Buck left -fT-'iie of bis blood ln-hind An iuioDted child is as much the child o the' p'ireilt in law as if it had been be gotten of his loins. It is his heir at law l'erh.vis the grief of an adopted child and 1 assume that the trriaf ot ai adonteiLclrild over the loss of a parent o that sort" would not be as great as of the natural child of a person begotten by him, but certainly it would be greatj enmiL'h. It is a wron: to children to take away their protector, aside from any sentirhental consideration whatever: it is a wrong when-a man is doing good in the world, -as apveara by this will this man was trying to do, to take him away from the field of his usefulness; to take him away' from young people who apparently are dependent upon him for their guidance and support. , I But it hjis been said that there might be a kind of inference that he was ar-raugingia affairs and MADE 111S! WILL For the purpose of going away. Now, you will remember, gentlemen, that he had not actfd like a man who wanted to run away Dr. Wythe told Mr. Frindle that he had told Dr. Buck, anil that Dr. Buck was for going up and seeing him. Now, that did not jook like running away. The fact is: that ne did not run away. He remained here in Oakland. According 'to the testimony of Mr. Chickering, it was generally known that he was goiug East. He had already had a will, and presumably, as a fair infer ence, tins will was maile because ne was going East,-and because his circumstances had changed iu this, that he had agreed to marry a' wife. A great deal was said about leaning upon a wife; about accepting stories wives told to their husbands; about the sacred relation between husband and wife, with v hich I agreed -in' every .esseutial particular. This man had changed! his affairs since he made his last will, and had become engaged to" be married to a lady. Every cou-ideration of affection; every consideration of. duty; every consideration of honor, and of chivalry would have required that the man, when he became engaged to i-e married to a woman, more especially if i his marriage should be in the near tuture, ought to make provision-by changing his will so that in case of his taking off, either by the hand of disease or the bullet of the assassin, she who. was about to become flesh of his ' flesh and bone of his bone, should inherit some portion of his fortune. That was no more than right. The man had a will before; ' he had become engaged to be married; he changed the will; it was publicly- known that he was going away to the East; 4 he was going home to visit 'this old father of whom. Mr. Fox has spoken, whom he now never will see again. .Within a few days he "would have, departed. Now, perhaps, 1 he would have been upon the green fields of the old New England home, with the old father who had begotten him in the days now. long, long gone by. FAMILY SCENES AND REMINISCENCES Would have- been coming to bis view The old father would have been renew ing his youth in gazing upon the proud form of this man said by Mr. Fox to be of a polished, exterior and a gentleman in appearance. What is the condition of the old man now ? Are there none of his blood left to mourn bis carrying off? This old man, presumably full tf the fact that a son was coming troin beyond me sounding seas ana saauuwy mountains to revisit the old home of his youth. foil ofthe fact that there "should be reunion" then once again Between the father and the; son, is met by the tidings that this son: upon the eve of bis departure for bis home, the home of his childhood and his boybood, has been stricken datwn. and instead of going across the continent to meet bis father, lies in the grave the victim of an aaas-sin'a bullet, and that his old eyes, blinded with the mista of years, that his palsied band will never take the hand of that on again; that those eyes will never look upon him again, and that the only home remaining to this old bereaved father is that in the bye and bye, before this God, whom they desecrate and import into the ease for vile purposes, that theymay again meet on the other shore. There is no nope nere. - j 1 . . i r T. 4-va4- wool It was stated oy -ir. dereliction on the part of the prosecution in not seeking to trace or in not tracing the purchase of these pistols by the defendant: that it was claimed upon our part inai iiie iiwiw and had evidently been bought for the purpose of this occasion, and that the District Attorney was too astute a man to have let that go by. IT JS NOT PEOPBR For anything to be stated to a jury that is not in evidence, therefore, I have no ri 'bt to say whether any such examination was made or whether it was not made. We are obliged to let that go as i'tis stated by the learned gentleman, you taking it with such force as you k it to lie entitled to; but to be weighed with the other fact that when this man's attention was called to the this man s attention pistols he did say that they were new, and that he haa only hrdd them once when he took them out to try them., Mr. Whitmore interjected here, rather below ; his voice, but 1 presume the jury may have heard him, during the progress of that discussion, that he might have had them ten or eleven years. Oh? yes, he might have had them. They might have been relics of Chatanooga and Lookout Mountain, and the like, but there is no evidence in God's world that the defendant ever saw Chatanooga and Lookout Mountain. I am willing to assume that he did and give him all honor and credit for it;give him ail the credit and honor; .take it without evidence; take it upon counsel's statement that he fought all through the war without a word of evidence on the subject, exeeitt that he is a member of the Grand Army of the Republic, and I am willing to civp him everv possible mead of praise that belongs to a man justly for hiving served his country upon the tented field of war. I am willintr to say that he is a man that he. has been a man of ilnivotion to his country, and that he has leen a man that loved his country above all things in times that are past, but we are obliged to say that he has marred a proud career, if it have leen one, by des-ei-ratiticr the Sabbath, by bringing into disrepute God's holy name, ( BY VIOLATING THE LAWS, By breaking them in the worse possible way in wh eh they could be broken, by tranimUnc down and walking over every sacre.i emotion of the human heart. If he were a brave soldier, and God knows I hope he was, he has fallen sadly from grace in these evil days, when he could tarnish the reputation of a soldier by violating the laws of a country he fought for. 1 1 was stated by Mr. Fox that the narration of his wife was confirmed to the mind of this defendant by other cir cumstances: a hundred things he knew of, were the wonts of Mr. Fox. What were those things? Have you iinv' evidence of them lou are not to be governed, Gentlemen, by the language of the advocate, you ar not r to be covernea or controlled by that anything that Mr. Hall says shall say or Mr. or Mr. Whitmore. We simply direct your attention; we point your minds, if we can, to the salient points of the case, but you are to bear iu mind all the time that there is alwava a strong temptation in the heat and partisanship of a battle before the bar between counsel, there is always a strong temptation that sometimes over- conies the" judgment of the best of ' men tospeak beyond-the facts and to color them farther than tney ougnt properly to bear. ' But you are bound to know. and bound to consider that you are the arbiters. The evidence is not for us. It is for you. v 4t IF THERE IS NO EVIDENCE Before you on a point it makes no differ ence how many times counsel says a nun drtd things or .one thing or a thousand things influenced a mind of a man under a given set of circumstances; unless you have those thing3 in evidence they weigh not one jot or tittle with you; there .are no hundred thing3, there are no many things, because there is no evidence of o i them. ' It was said by Mr. Fox that we ought to have proved tiat the cause found upon the person of tue wile ot tne aetenaant was produced by blows or by colds. How wildly absurd is such a nrooosition? i This prosecution is not the keeper of defendant's wife. Sufficient for us to say that the tMtiminv of Dr. Flnkerton showed that it inuht have b'eencaused by a variety of riisrini: it mizht have been caused by abortion: it mitrht have been caused by colds: it would be caused, said Dr. Pinker- ton, by anything that produced 'iofUmma- ti m. VVe know, gentlemen ot ttie jury u nun tnia eviaencp. inai mis woman i ... -1 . 1 . i 1 - L een aomg sointtnini? mat woui'i prouuuc . . - - i i j inflamatiou. and that five lung years ag If abortion will produce iriHmatln, tnen wa have the testimony to show that this woman, five years nsro, attempted to abort herself, bec.iUHe it is in the opening state ment here- It is in the evidence; it is re tferred t: it is referred to in the testimony iof Dr. Pinkerloa th tt she once came to him to hare an abortion performed. God knows there is evidence enough in the wicked actions and the desprats conduct I THIS PEFENPANT'S WIFE Herself to a -co-int for any iofl immation there without ffoioe to the other thousand Lnd one natural causes, such as colds nd - inflammation and the like, that produce ltdrioe di-teafies in (he form of a woman ha had been treated for female om plaint, k.Vf AanV know how lonz th mflamina ion lal existed fehe says hermit, npra ler direct examination or upon the cross- vamination. that when Dr. JJuc.i com In? need treating her he commenced treat- for. as she said, female complaint, Mr.- oxr 1 tmnK you are mistaken kbout that. Mr. Moore. Nfr. Mr ire ISo. 1 am rot. Mr. Fox I don't think she said that was her condition when he commanced; it fever she had then. Mr. Moore It was inquired by Mr, Fox as to why the prosecution did not ask r. Wvthe his opinion concerning tne entid aanitv of Mrs. Prindle. I told on once before, gentlemen, thrt we hav ired verv little about the matter, but yon ill - remember tnat one oi ma jurors uiu k the Question or attempted to ask the aestton. and counsel for the defense ob- ted. It was claimed by Mr. Fox that she tified to the fact now, I desire gentle- n to impress this upon yon that Airs. Prindle hat testified to the tact tnat ihen Dr. Wythe examined her be had iked her what had been done to her, dnd then she- went on, driven by th stress of circumstances, driven by th ekidrencv of the case, because the docto xtAt making an examination and asking he to say wht had been done to her, that she was driven to niase ids state- taent that these abortions had been com lAitted uiKn her. It was claimed that Mrs. Prindle bad. testified to this as niatter of fact, and we were rather ciiticised because we did not go on and ei plain that matter and examine Dr. Yy the upon that question, whether or nbt he did. The fact is. that ena not' examined upon that as a matter of fiet. and no territory was left us to wander over upon that subject matter; there was bo room: there was no scope for the ioonirr upon our part from Dr. Wythe, whether he ever did say anything uB that mod or not. necause tae testi mony of Mrs. Prindle was i I TOLD XT HUSBAND," And too, gentlemen, will remember it. ytra don't remember it I will read it to yon. Yes, just repeat everything that yon told your husband. You need not repeat anything that Dr. Wythe said, that yon didn't tell your husband: but everything that you told your husband repeat it." A. I says, fapa, iJr. w ytne made an lamination,' and says now, yon mark said. 'Papa, Dr. Wythe made an exami nation,' and say?, 'What have you done to you." 'I said I didn't know,' and he aye. want to know; that is wnat l want ot on. iben l tow ur. wymewnsi naa been, di ne. My husband asked me if Dr. Wythe asked me any questions about it. told him ne commencea to, ana my nus- band was coming np to dinner, upstairs, and Dr. Wythe stopped as though nothing d been said, and be Bald to Mr. i nnate, Your wife is very nervous to-night; I have been waiting for ynu to come up to pive er a little ebctricity.' and he gave me a little electricity and then went away. That shows us. gentlemen t the jury. that that left us no scope at all t6 examiue Dr. Wvthe noon the subject of whether -or not he did make that examination, when made it. what he said or whether be made anv examination at all or hot or said anything in fact, bscaune it was dimply a question whether or not Mrs. Pt indie told her Imabana tnat; tnai was utr sennniouy. Mr. Fox is entirely mistaken about its ever having been testified to as an independent fat or circumstance in the case at all. It was claimed by Mr. h ox, and it was evidently an entire misrepresentation, in view of tha hurry of the occasion, I suppose it was claimed that Mr. Hall, in hi nrgument to the jury, had said that it was DAWNING ON THE MINO Of this defendant that there had been im proper relations between Buck and his wife at the time when tbey moved to East Oakland. That is an entire mistake. Mr- FL, I never claimed anything of the kind. iNo one on tne siae oi me pronet-uiinu ever has ciaimed anything of the kind to have existed. Sufficient for that. Mr. Fox. I certainly understood him so. Mr. Moore. Undoubtedly, Mr. Jrox, or you would nat have so stated. It is c'aimsd that Ur. UucK naa lets tne wire of the defendant to die a lingering death fr)m wounds inflicted by himself. I hav e dealt with that subjec t so much t.nd at so much ' length that it seems unnecessary to say more about it: Thre is no evidence at all that Dr. Buck lttlicted any wound upon the wife of the defendant other than the declarations of the wife of the defendant to her husband. I have shown the utter improbability of such declarations; I have shown you, I think, that you have a right to conclude that trtis woman had leen suffering from uterine disease, for years; I have shown you, I think, that you hive a right to conclude that sha wa not DYING A LlNiiEi'.lNG DEATH; That she was not dying at all; thatthat is all sentiment. It is all imported into the case simply as a make-weight by reason of the fact that there is no fair and just argument that can be made upon the facts of the pase. There is no lingering death in the matter, and there is no evidence that ought to be corsidered by the jury to. say that Dr. Buck had ever produced any wound upon her at all, or had left her to die a lingering death. The fact is, as shown by the evidence here, that Dr. Buck had turned this woman over to tne nanus of Dr. Wythe, who I think no man will say was not fully competent physician to take charge oi anv woman. It is said that Dr. W ythe s treatment was improper, mere is no evidence io justify any such conclusion. Dr. Wythe apj:2ars to be a thoroughly competent man; he is a man of keen intelligence; he understands himself thoroughly, apparently as much a any witness'who has been upon the stand in this case. It is true that ne says be was Dr. Bucks friend; it h tue t'-'t inferentially by 'saying that he. a minister of the gospel, a oe'rvant ot his divine Master, is the friend of the memr-ry of this man, who W dead, that thus inferentially he expresses to you the belief that there was. no foundation for the story made up against this man. He had al ready stated that; he hd already s'ated it j to the husband; he had already told, the husband long ago that he did not believe in the story or had given him to understand that the story was THE PBODUCTOt" A DISEASED MINI), Or an hallucination. It is only for this; it is only because he said he was the friend of the deceased; it is only because he wouldn't sav that pus was escaping; it is nly because he wouldn t etand in upon the theory of this defen-tant that there can be any possible pretext that this man, an old man, well stricken in years, a man belonging to an honorable profession, the medical one, a man who has been a surgeon in the army of the United States, a man ho apparently stands fairly before the community, a man who has added to all his other good qualities that ot being a soldier of the cross that he should be vilified and held up- to scorn beforn this jury. 1 thinic. gentlemen, mat any argu ment of that kind ought to react against the side thst uses them. . It is said that we had attempted and prepared to attack the character of this defendant. 2sot so, gentlemen. 1 am not aware of any such attempt. Of course, if the learned gentleman goes outside of the others to mak a statement, why, I am allowed. I suppose, to meet a statement that i-i made, not connected with the evidence in any way at alU and when it is said, outside of any of the evidence, that we had prepared to attack this man s character, I take this occasion to deny it. It is said thtt his wife, at the commence ment of Dr. Buck tr;tment, was in ordinary; health. I have shown yon that even then she wss apparently suffsriDg from uterine di-ease. He says that the defendant loved Dr Buck." I don't know that I could, with . f proper and becoming language, ireis oi that Fubject, and I will pass it by. Take the statement of Mr. Fox that Prindle loved Dr. Buck! It is said" that this defendant ought to be set free ' and acquitted of this charge. among other things because he has hitherto borne a good character. No one pretends to deny that he has hitherto BORNE A GOOD CHARACTER.' No one pretends to deny that his reputation has been good. We announced early 'n the examination of the case that we sh ..nldmake no attack up-n his character. and thus save thm the necessity ot call ing witnesses. There is a kind of pre- snuaution of law. a rebuttable presumption. disputable presumption of law, that a man of good character is not se iiKeiy to commit crime, of course, as a man of bad character. Bat, gentlemen, this crime has been committed. That is no longer an open Question before you. This character could only be considered upon the ques tion of whether he was insane ornot. Yon might reason in an involved way, and say that a man of good character would not be likely to commit a crime as long as he was in his right mind, and therefore this man, having committed the crime, must be insane. That is a very -involved and complicated kind of way of getting at the acquittal of th defendant. He did slay the man; he slew him in cold blood; he assassinated him, s far as this evidence shows, and there is no evidence to show that he was of unsound mind, and there fore evidence of good character will not take away the dark stain that is cast upon the defendant by proving the facts of the ru hnt that is a disputable presumption at bes It will be a remarkable bind of thing and it would save many, many distinguished thieves if they could prove thst np to the time of the accusation they had borne a good character. I have' known some quite j DISTINGUISHED FELONS, Even in the county, ajjainst whom there never had been the breath or shade of suspicion up to the time that they committed a crime, and their good characters in some case saved them, and in some cases they did not save them: and men are now in San Qnentiir, from this county, against whom thera never has been a word or breath of suspicion np to the time of the crime. Men who had enjoyed the esteem and the confidence and the love and regard of their fsllow men are now wearing striped garments, even though they were of good characters. David goind back with our learned brother again toil the Bible David was a man of excellent jenar- acter. . He was of so excellent a characti r that he was beloved at one time by the Lord of Hosts; and yet David finallyitook a man's wife . away from him, and jth-B added to his crime that of murder, wh-sa he sent the man Uriah the Hittite. believe it was; I may be wrong in my; quotation, bnt it was some old man of .that kind he told his captains to set thatiman in front of the army, and 1 e set hbu tjhere and he was killed; murdered by Kinf David, who had debauched his wife; ah he was the man wb iin the Lard had loved, because he was a man with a good har-acter. j peter's betrayal. j Peter was a man of good characterj and yet he betrayed hW Master ere the ibock crew thrice. Many -men, thousand of men of good character, commit crimes: . . ... every man must commence his criminal career at some time. There is nothing in the plea of character that against these facts ought to avail aught. ij Now, gentlemen, I have about- icon-eluded. No voices have spoken to me from heavan. as there have to Air.' Fox. l am not in that concord or accord with matters spiritual so that Voices come to me from that source; ami I was rather surprised that be, considering the case he -was in, should have received any advices or in-foimation from that quarter. But there come to voices from the people. I stand here to-day now, representing Ijthe outraged majesty of the law. It. is; my duty to speak to yeu upon subjects apo;i which you have been addressed by!; the other side. There is the voice of;ithe law: there is the voice of the ( oarts; theseare the voices of the case. Reference was made by our learned friend to the fact that in eight hundred years there had been but one conviction in Kngland on this kind of case, and in that case they did not hang the man because there was an' adulterous judge. I wouldn't suppose, gentlemen, that an adulterom judge would be likely to ham; a manj for committing adultery or for killing, the adulterer. But it is not a fact injmy judgment, and I have to say to you in discussing that branch of the case, that no one can know with absolute certainty that of which he fpeaks. jj i NO MAN CAN KNOW; Tf I shovld tell you that there had been ';outands of cases in England vviere men had been hanged and drawn p.nd quartered for this kind of crime I wtjuld generalizing; I would not be speaking' tue book. It is true there are opportunities for making a vast display of learning upon short notice by getting special works en special caces. such as "LawsOn's Defense of Murder," and the like, but, we cannot get reliable, information on siich subjects and reliable information on hucIi notices. Therefore, if I should say 'there were thousands of cases, 1 might be wide of the mark. When our friend on .t,be other side says there have been no cases excent this adulterous judge case, whyi be is wide of. the mark. The fact is, that so far as my observation and information goes,- therj have been many cases in Epgr laud, not so many as there iniht be. Why? Why. because in Eoglund thev don't have this kind of cies very orten. When adult-ry is committed w?th' a man s wife in England the ordinr y niye, as is shown by the law books, the o.dina-y course adopted in that law-abidins" cuti i' try, from which wa inherit our institiftiiins of law learning, the . oune there adopfed is to sue for dam?. , an i join t'is man who cimmitted the aVlultery a co-respondent. That is better country. As an American I am willing sto tand i here and say so, that as to its judicial system and as to the adnainisterhiir o i me law it I a oe& r coining iiiait ou.i, and solely b -au thejuri i theia are wiling to take the law from the t'ourr, and the facts frm 'the wituesses, and deter mine accordingly. . It wps said there was no case nere. i; .'ierence was ma le v me Hertado ca.-e. There was one case; nyr how. There have 1 en ca:es in other States. 1 remember there was a case re ported in even the book from which th ntleman denvea his own information;! there is a case reported there, I think, from Indiana, where a man KOUN FAULT WITH A DOCTOR Because, in treating his wife for so: female complaint or in parturition, he unnecessarily exposed her person. It was in the same class as this case but not 8o great in degree only. He claimed that the doctor had unnecessarily exjo-ed her person, and had taken other liberties or performed wrong acts; something of that kind is noted in the c ise, but not anything to ind.cte that there had been an adultery. That man lay in wait for the doctor; he sued the doctor atlri failed. He then lay in wait for hinji, brooded, over these matters let ir.a'ice and revenge get the better of his judgment; and he went out one day when the doctor was passing, by he was moie noble than this man, not so ignoble as this man ; he chose the day. instead of the night, when the man could see about him and recog n;ze men approaching him. and he killed the doctor aud that man was hung. I think; as a matter of fact, gentlemen, that there is propablv a not much Urger per rent, of defendants charged with this kind of crime who ' i K&CAPE THE JUST PENALTIES Than there is of other crinie. I saw somej thing the other day, some notation, thsit of about some thirteen hundred murder;! there had been but about three hundred executions.. Is it an argument to say tha bec-iuoe other men have not bhen cmvictjf ed that these shall not be convicted? Yoi must remember that the law upon these subjects differs with locali'y. iaka the oases cited here bv tne learnea gentleman himself. As is suggested to me by Mru Chickering, take the Cole case referred. ti by Mr. Fox. i Upon that cae the mart wouid have area c.mviena in mis oiaie; because uodef the laws of th it State, ai thev were than interpreteiL, a doubt .as. tV the sanity of the man charged, was sufr! firient to free him. It would not be si here. He must make out the fact of his insanity by" a preponderance of evidence he must prove it to you in such a mannet, as that if it was the sole issue you was try ing and nothing else was befor j you, you would b. bound to find he was insane. Others of these cases are these irresistible imoulse cases, cases that are not known to the law of this State. You have no right to consider a case in - any such aspect J Take the- case of this woman Hams, who killed ' the man in Washington. Doubtless she was as sane as anybody ever was in the world, and she was nr-nnitted on this ground of irresistible im pulse. The McFarland case the same; the Sickles case the same. The Sickles case was not in its facts, though, according to the recollection of Mr. Fox. as I re- Fnemher them. I have 'taken no pains to examine it; I have not looked into it for vears and years, bnt I do re member from old reading upon the sub ject, I do remember somehow that there was a story told to Sickles that this man IT : . 1. IvakS' nauinrr KifVlM ' house and WAVTNG HIS HANDKERCHIEF At a particular hour at the day, and that that was the signal for the ! foul; pair of illegitimate spouses to meet at their base rendezvous, and upon this occasion, upon having received information of an -illicit intercourse between the3e parties he saw Kev standing on th- corner where he had been told be won'd be. and saw hiai wav ing the signal. That wasa different case from this. That might have raised some sort of im Dulse in a mu. It would have been calculated to make him pretty mad. But there is nothing of this kind here, That was an irrisistibie impulse case. Ta.lr the Xw York case. The names of the parties to which were forgotten by Mr. Fox and are forgotten by me. Bat you will remember it that there was a lady who went from San Francisco and was living in illicit intercourse with a man in New York. nd her brother was surveyor or . .. . . . - . T' .1 . . civil engineer or aomeuuBftous m imu a. eua not more than a coaDle of rears old and he went on to New York and tried to hrincr hia aiatsr in from her mfa tuation and duiing bis vrogreaa, his cammunlca- tinna to that and one day, hm went int her room where she was living aad found this man there. - i . A jmor. Conkbng. Mr. Moore: The case of Conkling. 'And then an altercation grew up between them, and the evidence saowed that the seducer of the sinter threw a vace at the defendant; that they-got into a light, and a large pat t of the defense made in that cae was absolute defense, and that was the way the nit a was acquitted. Yon don't know, gentleman, what j evidence was bef re the j dries in that class of cases, in' the cases cited by the learned gentlemkn. You don't know but they had a cloud jf experts, men who were thoroughly skilled, medical experts, who testU nea upon nypomeucai questions u ii biiv man's mind. Thsy jmay have had iinti- mate acquaintances, under the statutes of defendant. 1 ! TflS SCHROEDEK CASK. Counsel has referred to a case in j this county which has gons before. We have a I right to presume he means the Schroeder case. ' ijhis case is not like the Schroeder case. The Schroeder case, if my memory serves it9, is a case where there were expert j The' Schroeder case was case where there were intimate acquaintances wJl ) came in and were willing to swear that the defendant was insane. The Suhroedejr case was a caje where the evidence showed that when Air. Schroeder went to the office of Dr. Lefevre, who is now-dead and in his grave, that Schroeder went there, not for the purpose of killing him, butfor the, purpose of wanting him to Jcave the town, and was seized with a frenzy there 'and took the man's life. One of the main witnesses in the Schroeder case wt s Dr. Stebbins, a learned, eloquent, good feeling, honest minister of the gospel. He testified to these matters; of the condition concerning the mind of the accused. It was a (vastly different case. This case is stripped of every ' sentiment of that kind. .There is nothing in it showing insanity; there is nothing except the had, wicked, dastard actum of the defendant upon insufficient notice and upon a story hat was i not worthy of belief. Imow, gentlemen, the Jaw can do no more these esses, as I once before tried to tell you. ! It is not singular that men es- capa; i ii no argument to say that this man shhll escape because others have es caped. Ifiit be a fact th's.t there have been no convictions tor killing seducers ot men s wive, ; I IT I: S 11.11 E THAT THERE SHOCLD BE Convictions. It is not a fact that there ive benj no convictions. There have been failures)! convictions in other cases. The percentage of convictions before American juries is li,w, very low. It is the standing reproach to this country to-aay that the administration of justice is such that men are not cobvictedof crimes as they ought to be, and tht - murder and theft aud bur-g'.iry, robbery and embezzlement and pub ic crime wants ana buuks rampant, in our public aiiif private places. That is one of the strong distinguishing ainerences oe- ween onn country and England to-day. that we do not enforce the law. The law eannot enforce itself; it is powerless toen- orce its own decrees. Law stands to-day. unties stands to-day, holding her sea es I in her nanns ana weeping; -j in this proud land lberty toscause crime is unpumsneu. The law bplds out its hands to you today. Thfe defendant hidds his bloodstained bands to you sad says, ' let me go free ; I ivy.- insne, if you want- to believe I waU. and if I wr n't insane I Wis justified, if you desire t believe I wrf justified; l.ut "let me go free." The law holds out ife hands te yon, at the same time, rnd says, ".No, vindicates the outraged majesty of the law; take the proper'tnra and force fei this direction; if it has been! before that - men have escaped their crime, let them escape no more; let men ami, women who go to bed at night upon SuntjUy evenings wirh their little hildren around them, not be alarmed by the shock of . the midnight pistol; et them nht be disturbed by the torch of he midnight incendiary; let them not be shocked byi the lurking step, the silent, ve' vet footfall of the assassin, as he goes. uuder cover of night, i to do his deadly work." We must have better times, gentlemen, in that regard ' i OR tHERE 13 RUIN AHEAD. : Now, ge itlemen, y-u h.ave been sworn to do your duty. Do ;it. : There are many, many murderers who have gone free who are not men who killed seducers' of their ivea. There isro argument in thit. You have! sworn ! to. do your whole dur.y. Ycvj are good: men and trus, approved i j by the : commonwealth. approved by the defendant,, selected and chosen by iboth sides as fair, intelligent men, who khow what is right and who dare to do it. There may be pome taint or trace of educitioi in the minds of some which miht lead! thm to incline to behave that a man who kids the seducer of his wife oughtj (jo be killed and the like. Perhaps he oukht to be. killed. It is a bad, dastardly,! (dirty thirty to do, nd it is calculated to break up the family itself. It strikes at the very reot of our in-tititins; but that is not before on. EeWiod avenge it m his own way. i.et the lawmakers make laws against ftHo1t..rv ifirhev detirA to minish it. If -" - -j, J - r- - onr lawmakers will go to Sacramento and devote leas attention to corporate matters and water companies ! and the like, and more attention to the! laws demanded for the good of the commonwealth aud make laws to punth adultery, there may be a better condition of atfirs in that regard. BCi the fa6t stands: ! You are boi-id by the law of this State upon the tauta ot ma case. i ou are bound to 'fciicard prejudice; you are bound to discard ' BCV reference to other cases, when you don't know whe:h thev are like this case or. not. It makes no I difference to vou. gentlemen,; you are J not Called upon on jtour oaths j to try j the Mary Harris case; you aij not called upon to try the Sickles case:lyou are not called upon to tsy the Cole-Hiscock Cise or the Mctar- land casj or (the Doctor's casej I who was convicted in Indiana, or the Hertado case. man who died; in the Common Jail in Sitramento ! after " his eonl. viction al d before w his exe cute n for tpis very enmei you axe net railed noon to try any of thtss cases, bat this verv ciane before Ton. uare to ao risht in the ilremises. i lare to do- wrong geiitremen, and the tings oi conscience otiifht to follow vou ail vour days. 1 be lieve. gentlemen, that you will do right in this matter, and now leave the case in your hands. . i i -i Sunday at tne Post Office. The brancb Postoffice stations at ast Oakland and West Oakland will here-. after be opei for the delivery of mail on Sundays and; holidays from 4 to 5 o'clock p; m. Tne main Postoffice will be optn as heretofore from 12:30 to 1:3Uf. m Mails addressed to East Oakland or Brooklyn should- be I called for at Han Oakland Station. Mails addres-oi to that Dart of (Vest Oakland bounded by , . . - . , . t . i 1 'T J tnter ana itn streets idosiu iw misu for at West Oakland station. Mails ad dressed to any part of Oakland outside .. , - 1 . 1 , , . 1 1 - J f L OI tnese limits snouiu oo caiieu iw my the main office between 12:33 and 1:30 p.m. ! I i i i -, ' ' I f A Foreirn (itntlemsn The reception given! to the gentleman from Mexicol the other vening, in San Francisco is reminder that when foreigners or native-born! residents of thie glorious country desire their baggage Or (rtmibin mAvd thev cannot do bet e i.han employ Ithat entferprisinjz business assosiatioh, the Oakland Transfer Company, to do the job, it they wnt it done expeditions! vi cheaply and with the minimum of wear and tear. Their office it oa Broadway between 9th - aad IQth faeete. , ; 1 L-Qaarfermaster V, D. Gakfll haa gone down to Camp j Stonemao with a detail of fifty men to arrange pralimin ii ii v THE JURY. Judge Gibson's Exposition of the Law To Be Published in Full To-Morrow The Case With the Jury The Names of the Jurors How They Stand. Mr. Moore, of counsel for the prosecution, concluded his argument at noon, and a recess until 1:30 o'clock was taken. On the reconvening of the Court, Judge Gibson delivered a lung and exhaustive charge to the jury, whiih will be found in foil in to-morrow's .issue of The Tribune, and the jury.-at 2:45 p.- it., retired to deliberate upon it? verdict in cbatg: of Deputy Sbtr- iff Jamison. . Popular interest now cen-tets on the juiy, which is composed of the f Ilowing gentlemen: THE JURY. ' FREDK3IUK SCHIMMELPFEX NIG, merchant, East Oakland. LEVI R. BIXBY. carpenter, Third Ward, Oakland. CHARLES PROUSE, farmer, Hay watd. J. P. BAINBRIDGE, hardwsre dealer, San Leandro. H. C BABCOCK, wheelwright, Tem- eeciL J. S. GIBBS, no business at present First Ward, Oakland. MARION CLARK, musician, Oak Hod. L. B. CONNOR, fsimar, San Lean dro. E. J. BL AN DING, real estate, Ala meda. . GEORGE SMITH, fruit grower, netr San Leandro. D. C. BROWN, merchant tailor, Oak land. ... - J. E. QUINN, blacksmith, San Lean dro. At 10 minutes to 4 o'clock the jury took a ballot, but only ten jurors voted, two of them placing blanks in the bat. The bal lot of the ten, it is reported, stood five for conviction and five for acquittal. The juiy was sti'l out at 4:30 P. M. HANGING AT SAN LEANDRO, Henry lteike Commits Suicide Thi Vlorninif. A chambermaid at the San Leandro hotel, San Leandro, entered the yard in the rear of the hotel shortly before six o'clock this morning. She was startled to find a man namel Henry Eeinke, haneinz acatnst the rear fence with bale-rope about his neck, and with his knees resting on tho lower scantling of the fence. The body was cut down, but was already stiff in death. Caroner Hamilton was summoned and held an innuest. It was shown that deceased was a native of Hanover, a .laboring r . i man, forty-two year3 or age, single, auu employed, uutil Tuesday, on the Contra Costa ater Company s ditch, tie haa had trouble over land owned by his family in Germauv. aud. had been en caned in a law suit for five years. H had been drinking somewhat heavily re ceutlv. The jury returned a veruict i accordance with the facts above stated, WEST OAKLAND. (oilier Fast An Owner anted for at Walcu. 11. M. Collins goes east on Saturday to attend the Grand Council of Chosen Friend?, to which he is a delegate. Ac compaoing Jlr. Collins win do ivir Randell, of Sonora, Tuolumne county, and C. W.C. RoweU, of ban Bernardino, who is assistant Supreme Council. Fous emigrant cars, containing abou 150 immigrant?, arrived this morning. The funeral of the infant son of Mr. MnCaffertv this afternoon was lareelv xttpndad - Th raffia fnr a lady's watch last Satmr- J : . ..tV Tnkn (Tmnsr'al - i- . t ynil, .n.J llonm streets. No. 114. was the luckv one. . and the holder of that ticket can have the prize by calling at Mr. Ctoner's. A very pleasaot party was held at the home of J. T. Jeffrie last evening, the occasion beinz the fortieth anniversary of the marriage of Mr. and Mrs. Jeffries. OAKLAND BREVITIES. The City Council committees meet this evening. The city Health office is being cleaned and renovated. City Marshal Hilton contemplates a trip throuxh the main like sewer tomorrow moftiing. Jake Schriber. the West Oikland pugilist, pleaded guilty this morning to a charge o" battery brought against him i:i connection with the Morn;ng Star restaurant squabble. Dan Cllahan, a young "opium fiend. was arresrea in lower . vniuawwu, uy Officers Swain and Scoville yesterday afternoon, and charged with visiting an opium den. lie pleaded guilty before Kfrudire Daniels to-dav and will be sen- teDced to-morrow. peronal mentToIi. J. N. Knowles and family contem plate a trip to Lake Taboe. Robert Turner, of Caico, is visiting his parents in Oakland. V. A. Kenneyand V. G. Ilenshaw have returned from Lake Tahoe. W. C. . Movely, of this city has been granted a patent for a car coupler. Isaac Upham, President , of the Board of Education, is seriously ill. His illness will postpone his contemplated Eastern trip. . Dr. John Frank Foulkes paid Oak-and a flying visit yesterday. He is in attendance upon Hon. Creed Hsymond, at Donner Lake. The doctor returned to his charge tp-day. POLICE COURT. The following is to-day' police court record: Jake Schrieber, battery: with drew former plea, pleaded guilty; sentence to-morrow. Mary Boyle, drank; rjleaded troiltv. sentence to-morrow. Delia Mulligan, drank; fined $40 or 20 days. John Miller, violating city ordinance: fined S4 or 2 days. F. A. Moore, violating city ordinance;, forfeited $25 bail. Dan Callahan, visiting opium den; pleaded guilty, sentence to-morrow. Dinner Gsnt to Waste. The food that raises a rebellion in the stomach as it it swallowed does not bestow either comfort or strength. The stomach which for sometime after dinner keeps sending np gaseoos reminders of what hat heen eaten, is not in eood order.1 Tone that atomach nn with Brown's Iron Bit ters and eat yonr dinner joyfully and heartily. Mr. J. B. Chandler. Uimton, Iowa, says, "I used Brown's Iron Bitters with ffraat benefit for dyspepsia, after other remedies had failed." . . rpo LET-FIVE LOaMiaSG AMD BOltS-I 1. 1.,, -----1--' and now fall of ftrst Csai roesta; roeaw, aeartir all. fimaed; good central looaaoa; rent very reaannaniT . w. at.i VUaiLLLS a CO- atttKuiUi ssrost. aaU4vs AUMIXO STOCK. BEPOli'r, Ba raajicuoo, August 13,1887. The following sales woe made as the San frax- claco (stock ana Kxcnang Board. - i Mourae uun eeeuiAa aasaioFi IiO Alt 35:! 5t0 B A B..2 402 3a 59 Navajo.. Peer ... 175 Peerless. .. 75c . 1 45 ..1 03 4 ia . . S Oc .. oe 15c 60 Bullion... 10- -10 Choi... .1 151 20 2i0 Crocker 3 0 T50 Potu. ...t 550 Du-ui ' 100 ScnrpioD..., S90 8 K j. Sin Cm Cal Va-.-t OS 120 h a n 6iaei 1' 0 Bound . 3 ou 50 Jos 2V- ira 9 silver 25e 50 Mexican 8.x- -j0 Union C..9jc(1 00 200 Mono 1 7 STBK9AT AmwMI sii as aiocuta tasaox SCO Alta 40c 10) Navajo. 7r I. VI It-Klie ...2 Zb 2j N Peer ieer t. . ."So tir L.. 0 ;r. j. .1 s -rlcsa . .. . .4 2a 2e 30 i Chollar... I lb 100 Oohir 400 Con Cal & Va..2 05 J.'O Peer. fO Crocker. 3 00 ftO Peerless 100 Heiaacs 3 00 IS10 Potosi. 3M) Jack-in 50c 1 750 Savae. S 103 00 50U Justice . lOel 75t 8 N 1 85 ..1 7&1 165 Union -C... 95 S9Cc 75') Mono. BORN. . ROESBERG In tail cut, An-ist 13. to ot Lz. Kcienberg, a daughter. lIEO. ' . 8LOPER In thia city. August Miry Olire, In-, i an l auigDie? ol tia: x. ana Blsry Li. - ttlnper, (nee Bmith). asred 6 months and 5 dayai (San Franciwo and Sacramento piper please oopjr. i --rt'Notlce of funeral liereaf ter. i SHIPPING IMTELrJOEffCE. .Aaffust 13. 1 1885. Ssb PraaclMe. - Arrivals. ' I 1 WtBSESDAT, August 12. - I StTr Columbia. Bolles. 52 hours from Portland. ria Aatoria, 43 liBura; pass and mdae. to O Ii asd Bttor BoDita. Inland. 23 hours from Eieka: 1.724 l-ep. to Ucodall. Perkins A Co. - i henr Utistina Bt-tlens. Jotioson, zi Dours from Buwen'a Landing; 100 cia bark, to Higgjnb and Col lins. , t ncbr Naptune. Martin. 3 days from Coos Bay; 273 M liimber. to E B Dean and Co. i schr Caroline. Arens. 30 hours from Routh ac-i Beaoy; 75 cds wood, to Button and Tuttle. i orhr Uracie B KicbardsoD. Bandhers. Is boors fm Biwart's Point; 100 cds bsxk, to Higgins ul Col ons. ( 8c hr Trustee, Tranr. 3 days from Coos Bay; lum ber, to Simpson, Brcs and Co. 7 Scbrfiaua City. Beck. -U Hours from tiowen Lindici,; staTebolf, to ordeat I Hcnr Cirlotte. Kirchoff. t4 hours from Bowena Li analog; t4 M lumber, to J am ana uo. jj . I Clearances. j IWei'Sesdav, August 13. Stmr Emr're. B 'tler. Victoria, etc: R D Chandler. H-w In! Bszird. Ooodmau, Honolulu; Will ams. UimoDd and Co. - - Ii Departnns. 'Wfdsk.iuav. August 12. Ktmr Los Anceles. Von Helms Wilmiatrtoa. Stmr Oregon, Poleman. Astoria Mail City of Chester. WtU-tce, Eureka. Stmr Emoire.'Butier. Victoria, etc Stmr Mary l- Hum 9. Pluinmer, Port Knyon. 8tmr Oescent Ci;y, StockHetb, Crescent City. DEEDS AND MORTGAGES. Specially Reported, up to Soon Each Day, for 1 due irioune. Ttbsday, August 13. A If Craven to Warren Olney 72 2U170. Hawthorne avenue. IM w from webtiex. Uak.'and.... W 1C30 La Society Francaise to F Thronsen Lot 32, bUk 54, tract B, Berkeley t 100 D Pierce to Cha D Pierce 8 89x90, SE corner Grove and Curre streets, Oakland ; i 3' D C 8 Lowell to Chas E Eliot 15 acres ia Btoklyn tow-isip i 43W CirolineC Butler to J S Adui S Serer-tet-nth, 550 E from Otove. N 100, E 90 to San Pablo averse. S 66, W 103 3 S 50 to Seventeenth, W 30, Oakland i Malvina A Trescote et al to J - 8 Adsms-X -Seventeenth, 580 E from lirove, N 50. E 1 J3 to San Pablo avenue, 8 55, W 13 J to Seven-teenth. W 12a, Oakland i E5M VI. P B -tlett et al to Jas M 1 oty 10 acres at W corner Plot K, Las Pontaa Kuchoi Murray township .1 8)0 SlAry A Mtiliikin to Mirgaret P 8 veneer IjoS 1137.10, center lana r. lis from roruetnj Oakland township Gift MOKTGAGE3. ThIjK.sdav, August 13. Chas D Pierce to Oaklind Bank of Savings i S t',iift SE corner Curva and Grove streetfd Oakland .-. i ?tC Jas E Dirnon to J K vielett 8 Central avenue.i 4) W from W line Teuton- Homs-stead, W. 100 x 8 4C6.S1 feet, AlameiU A j 7 - J 8 Adams to Oakland Bank of Savlnirs X? Seventeenth. 650 E from Grav-, N 100. E 90s to 8an Psblo avenue, 8 121. W 13.6to3even-f t"?enth street. W I5, Oakland j 55 1 J M D.iy to H H Pitcher As in ded- I 8T0-. NOW IS THE TIME TO INVEST OAKLfiND PROPERTY At Reduced PricesJ I-jo-w Kates of Interest. I fj Beemtlfiil Restdene Lotson Eijrhth TentUagnollaana unioa irp, Aeue si imiom. XaSirxre aOU. DVXIOU IMl jum I mnitlnf flsie vlaws, elevated KToend, g-owd draiaajre, situated en Seventh aveans, Eat Oak la aid. i; Low Prle avn-t Largn L.ota, alt- tSKted oa Grove, West, Matrket, SOctt d SStn streets, San Pavblo and Telejrmph atveanaa. i . : Fine Improved Residence Prp- ertjr, latest destij-as In modern SLrehttect are, Catiaf.', Rases and Fine Villas, bailt with av view ef comfort, laie and convenience, cmn-trnllj- located on 8th, lOtb. 11th, 12th, 14th, Dnrant, Franklin, Myrtle and Filbert afreet a. ' - A I mo tne special efTarlraa and great lndaeemeata ; In Hiarhland Park, Cast Oakland. I For fait p-trtlcalars apply at onr eTw. wood ward &cL 46S Eighth Street. Oakland. NOT I C H TO- TAX -PAYERS CITY OF OAKLAND; 'IIIE BOARD OF EQUTJZATIOV 0Y JL the C.y of Oatlaad w-H meetaatu on i Taesdaj, Ithe lStbi day of August, ' 1885, At 7 o'clock p. if., at 'he Cle'k's office, in the Ciiy HaU of sa'd cl.y, for the purpose ot equalizing i be f ixes. . f Parties wlsh'n w aar1v for a chaneei in iheirsssessme-'t are reqnes.ed to tile wuh ihe Board a wruteu application, w'Ui amaa- vil, slat ni? ne reason fo-- tne same. Bv order of Ue Board or Equallzat'on. Cl'eiks Office, City Hall, August 13, 1S3. G. M. FISHER, f Clerk of the Board. TIS!,FJ4 0 VVILL OF TWO JJ ho. bntchara. 1 ouidv man. 2 liverv staUea. aevsral boarding booses, 1 eoal mml wood vara. W BARKAB.O. 470 Ninth t aal3-lw s EVEKAt, LOTS OF HOl SEHOLO HI- niiore at nivate sale, ana a wooie nonse run ntlnn. next Wednaadav. Bentember late, a 577 Thirty-fifth street, tills, at.. iDcluing piano and family ncuwsv. w. tu, suuusrx, iu Ninth street. an!3-lw j riUl E KISIE8 FatOPEKTW 8.4JI I 1. kia miintlil, nml ai. for aale fnr SxOTO. Also on line of Market s-reet ears, business corner; renta for $10; price tZSM. To loan, 2,0CO. S3.( M and 10.000. on fln.t-claaa seenrity, at S and 9 per eent. W. E. BAKSAKD, 4jd Ninth atreet, Oakland. aol3-lw - A10l.fiCIRL WISHES A glTCATIOV as frs. -elans cock and laandreaa; sjnod reier- enees:403 silntti atreaa. auijiwr - tre FOat the htauih eim- trieft ia Ife ! Oi to MAIIAMS RKMAT-l: I ..-A loiiu Braedaray. 8. W. corner Tenth street. ho haa the Ones DatnrDoms in ton city, ana toe most skillful avoidants oa U Oraet. anl-lws AXTEtt A. M IDBtS ACED aCwTt'il er American wowaa, to aaaiat in raDerr''. honsework; call earner Park and East Twelfth sta. Kaat Oaa-iaad. near Cotton Mills. anll-lars TAECwTT 4t CJX-iiETT, COFHCL-ora a Law, S' Cali'or.-la tree. San Fra-eiaco, Oal. Boitct dujcaarrr. H. D- Tatcott. JAPAHESK COK WMsTCT still; tioa fa a private Umiir.ifiam address "a." swrtvi v ral El.