The New York Herald Newspaper, January 21, 1842, Page 1

== ¥r THE NEW YORK HE , © Vols WIL Ho, 307—Whole Ho. 1075. NEW YORK, FRIDAY MORNING, JANUARY 21, 1842. Price Two Cents COLT’S TRIAL. GRANITE BUILDINGS, Sats Ht eat tad th tt {Ha ike ge ee Rete the west wall ; the angie that I got to see with just | was drawn across the window; it was suspended Scorn Dav—Twunspay- t prevailed this day through ese pavgt-ry hear this extraordinary ity Hall, endeavoring ‘Crowds surrounded the City 1, ; but the excellent regulations to gain admittance esyon or uproar, and none but ‘and required to attend the trial The Court ber full, but ae Ea rowded before. By hi ast teno’cloe! be ‘re wae ay fe male an three female witness- t, including Mrs. Adams, who looked ra- K pale and agitated ; her father was with her. se wore her veil down, aud looked earnestly to- erdsColt, who sut right opposite to her on the the room. retell in black pantaloons, boots,black » im vest, a dark blue beaver cloth hi overcoat, wm as a frock coa; a binge sik seanathancnict i tly round his neck, the ends pass- hy atiod neatly ft, out of sight; he looked uncom- but was evidently SOARS BRET DAE, he eased all traces of emotion. ig Saw inc Court before nive e’clock, and joaranda half in reading the papers, particularly bates in Congress, from the second edition of “Herald.” His father was with him, a vene- . fine, benevolent lnaking man, The. old gen- i ha from his son's ss argh rere ae he had ‘beex crying bit- hs and long, rother was also present, s rn uting as mueb a8 possible to his brother's di s preserved inside the ote axils peremptory order of Judge Kent, the officers carried out fully, and the accom tions for the reporters were mane excellent. ys than 13 reporters were present. i Viecesly at halt past ten olelock, Judge Kent «) Alderman Purdy and Lee entered and took ‘ooir seats, The Court was Cae apeued cnt « Vandervoort, called over the names « ihe oe jacose, aworh the day before, all of hem answered thereto. indge Kext—Now, gentlemen, proceed, if you are ready. f witive—Has thesheriff made his return. ie Deputy Sheriff came into Court, and said +» he had. 2 ‘ i dge Kent—One of the jurors wishes to go to his \y in charge of an officer. i . is was consented to by prisonex’s counsel. Court swore two officers, aud ordered them » lose sight of him, and suffer no one to speak non the subject of the trial. ‘ © snx—The Sheriff returns William Smith as wr us = \ coam Smiru was put to the stand. i. SELDEN sai theught the rule of law was © return to the original panel, whieh was never exhausted as long as a juror was in Court. He wished the name of the talesman put in the box with those of the regular panel that were not called, and then drawn in regular order. : 5 Mr, W. Smitn was examined—Said he lived at @9 Avenue D, was in the lumber business—had read the papers, and formedan opinion. Set aside. The Cour directed the Sheriff to summon ano- ther jurorfrom the county at ates ‘hy Mr Setpen moved to have the original panel called. ‘This was overruled. SaLpEn excepted, The Sheriff returned ichh Petite, jined—] ar ss ~ wsilversmith and mur bela a have read the state- ¥ rc 1 know none of the parties ,,1 have formed no opinion, and I «essed done. SELY nT am satisfied with this juror, sir. ¢tirixc—Have you no conscientious scruples ‘about serving on atrial involving life and death Rosnone—l’ve been opposed to capital punish- believe exp" ey Kxex1—But you’ve no conscientious scru- 6 that would prevent you from bringin, a ver- Wet of guilty, ifthe evidence warranted it, though the punishment were death. Rosnont—No, om es 0 PE eres: Rroures: ‘Hueetis and Howe, had just before been allowed to leave in charge of cer. "Me. Setpan then said, that perhaps, before pro- ceeding further, the Court would take an interval of half an hour, during which time any of the jurors who wished to retire, could do so. Judge Kenr—If any of the jurors wish to go to any specific place, lean send them in charge of an ribs Yes, sir ; that’s what I mean. : 3 Messrs. Hobby, Hatfield, Forester and Delevan, then left in charge of an officer. Subsequently Mr. Dancomb, another juror, left. Here Colts Counsel jointly and severally left the room, to consult together, as we presume. ‘The following is a complete lisc ofthe Jury = 1. Joseph Bishop, 552 Grand street. 9. Nathan R. Husted, North American Hotel, Bowery. 3. Epenetus Howe, 63 Liberty street. 4. James R. Hobby, 274 Grand street. 5. Hi . Forester, 242 Broadway. 6. Horace F. Clark, 167 Greenwich street. 7. Elias Hatfield, 472 Broadway. 8. Charles H. Deleran °: eT ee ay Pearl street. 5 jacombe, ear! It Pte Williams, 315 Pearl and 199 Madison sts. Roshore, Nios muck praise eannot be awarded to Mr. Joun Wresrervetr, the Depits Sheriff, for the very ex- cellent manner in whic! he planned and conducted all bis arrangements for preserving order in Couri, and keeping out the crowd. Within Sanity were RAHAM, Messrs. Horrmax, Maxwett, Dav and several othe: ‘iuguished lawyers, drawn thither by the interest of the cas: ‘The Jurors having returned their names were ealled over by the Clerk. Allanswered. _ Creax: Gentlemen you will look on the prisoner and listen to the indictment, which is in the follow- ing words. Here the Clerk read the indictment ; the prisoner Colt, stoed up and looked earnestly at the Jury, and looked tolerably calm ; but his 0 in the act of chewing all the while ; and his arms were folded. The case on the part of the people was opened by James M. Smith, Jr. Stent | Mr. id it was the first time in his life that he had ever arisen to address the jury on a part of the people, a ease where the verdict which they would reuder might furnish to the court the authority to pronou upon the individual on trial, the sentence of death. That it was a painful for the court, a painful duty for the yary, and “ infal daty for counsel—nevertheless, it was @ /uty which must be fearlessly and faithfully per- » formed, and that so far as the jury was concerned, ey had nothing to do with the consequences Fi fen might result from their verdict : Re stated . the was aware of the deep interest which case had excited—that it was one almost varalleled in the history of crime, and @ upon which almost every person who had rd of the transaction, had formed an opinion. it the yurywere selected,after strict examination, srause they hed sworn they stood impartial be- “t+ ven the people and the prisoner, and the people swoald require of them the same candour and im- Ye tiality that would be required of them by the ‘s counsel. He was aware that in cases of sympathy was all with the prisoner; st remind them that sympathy ought to have the control of the jury box; that there ice alone shou'd govern; thatthe prisoner was enarged with committing a murder, unparalleled in the history of this country; that weall knew the deep feelings whieh agitated this community at the time of the first announcement of this tra- ; that we saw, by the immense concourse LA here as canted to witness tuese has P thing, no matier how slight, was elicited in favor of the prisoner, it should receive candid consideration, and ensure at their hands its fall benefit forthe prisoner. Mr. 8. then stated the principles of law governing cases of this nature, and detailed the facts of the case, a: rosecution expecied to be abl i nee to the jury ; and con facts proved were such as he be the duty of the without regard to their feelings, to pronounce a verdict of guilty. Mr. Waitixe called Asa H. Witerien: Ama teacher of Writing and Kook Keeping, corner of Chambereand Broadway, his place of business: northwest corner of granite buildings. ing if the it would Am married : live 20th street, near Broadway: my office has bee: the Granite Buildings since one . n Bring me that diagram, if Justice Taylor jagram, in court. (Diagn of the second floor produced. ) trxtss 1 know prisoner; he called on me in 1888, to have me examine a work on book-keeping ; ae ipreguced himself; that was our first acqaaint- \ed on the second day of Inst August CORNER OF BROADWAY AND CHAMBERS STREET, THE PLACE WHERE ADAMS WAS I mi KILLED. mt Hil AHI tin sW JIAGRAM OF PASSAGE “a1 'SNNSVIN CHAMBERS STRERT SIDS. iit Hi = > = % aad i] foal m w wished to take a room of m room for six weeks, according to agreeme! the second of August, I think it was; room adjoin ing mine in the granite buildings; I eccapied then two roems; they joined each other—folding doors between; my entrance is in Chambers street. In going up to the hall you immediately ascend the stairs; there isa right hand rail; no turn till we come te the second floor; at the head of the stairs ou are in an entry way, running parallel wih hambers street—leads to Broadway; my rooms on the right hand; on getting to the top of the stairs you tnrn to the right to get to my room; Colt’s Toom is passed first in going to my room; there are three or four roo: etween the stairs and Broad- ‘way; two others lar to my room; you pass two doors before coming to Colt’s door; a door entering toeach; the deor of Cult’s room swings in to the right as you go in; between Colt’s door and mine, there is six feet on the hall; my door opens the same way; both about the same size; my room is on the corner; one side on Broadway and one on Chambecs street; two windows on each street; Colt’s has one window on Chambers street; the fold- ing doors between Colt’s room and mine open into Colt’s rooms; rented room for six weeks; he en tered into occupation of the room on the 2d Au- gust, I think; betore this I used both rooms; this was my vacation time, and I was glad to dispense with that room that six weeks, having but few scho- lars; on coming into the room, the folding doors were locked, and remained so during his occupan- ey, and never opened io my knowledge, Mr. Riley eceupied the room four weeks before Colt came in —the key, I suppose,was given to Colt ty Riley; I ince Riley had it; Riley had the room three months; he had the key; it was kept locked by Riley; no other fastening was put on the door while Riley was there that I know of. These doors could not be opened inte my reom without break- ing the hinges; I was not at my rooms on the mor- ning Colt moved in; cannot say how soon after Colt came inI went there; I never saw any furniture but a few chairs, a table, a bux andatrunk; it wes a pine box, about three feet in length, about eigh- teen inches wide, and the same indepth; I never took particular notice of the box—mere conjecture; it stood left hand corher as you entered the room. The table stood in the west corner of the room, to the right hand of the window onChambers street Look at that diagram as it’s folded ler, Is that the relative situation of therooms as they are? [The above diagram was shown to witnesa.] Wrtsess.—That’s the position of the rooms— this is the hall, there is mine and Colt’s room,there the windows on Broadway and Chambers strect, and there the folding doors. Judge * rxt—Let me see that diagram. (The diagram was handed to the Judge, and after- wards handed to the Jurors. Witness —The table occupied the whole space between window und wall, and went past the win- dow a little. Colt was frequently in my room and Lin his room, and met him often in the hall, during the six weeks, I had to have three writing-desks in myroom; one standing against those folding doors; it was seven feet longand four feet in widt», it occupied about the space of the doors, fixed in icely to the posts of the doors; another desk stand- ing against the wall on Chambers st, between the windows, extending from one window te another; a third stood from the window, and extended from the corner window to the second window up Brond- way. Chairs and benches are used for my pupils Chairs used to the desk against the folding doors; | chairs tothe desk for Chambers street, and benches to the one in Broadway. I had an old secretary in the recess on Broadway,that ed myself, between the fire-place and the Broad The fire- place is in the partition, on tl 3 briek partition; the partition between the rooms is Jath, pistes and studs. Up to time of this affair, I’ve ad no controversy—I ence asked him for a small amount ef rent—he got exraged—I told him it was not worth while to get angry for so small a matter; he gave me then some of his books as security, and we were good friends again. The ye- ry next evening after this, Colt was in my room af- ter my scholars had left. He was to pay me $10 at the expiration of four weeks and $5at the expi- ration of two weeks more; so these words must have been about the 2d or 3d of September. Thy next evening he came into my room about nine o’elock and. conversed for some time with me; 1 had first spokento him. From then down to the 17th of September we were pleasant towards each other and on good terms. He was to leave at the iration of six weeks; | asked him to leave; he it was not convenient to Jeave at that time ; tember ; thenhe wished to stay a week overh 3 1 partly assented to thi than have any difficuity with him or disappoint him. On the 17th of September | arrived at my room about half past twe, P. M., on Friday ; I was seated at my desk a writing, at the north easterly corner of the room fronting Broadway ; I was alone for some time, and there entered a'pupil of ne, about 16 ye: of age, Arzoc Seignette ; he was attending to book-keeping ; he tock his seat; I went to work at book keeping ; I was busy en- gered atwriting; quarter past 3 Iheard this report in the adjoining room; this noise 1 can compare jt to nothing but the rattling of foi this was but mo- mentary—it was followed by a fall upon the floor; of Lesser) Gog) heavy. The young man present observed, ‘*Mr. Wheeler, what is that,” andlooked up quite surprised. “I don’t know.” 1 immed - ately left my seat, went out info the hall to Colt’s doer and listened and all was still I looked at the key hole, and | observed the drep was down inside over the key-hole, excepting there was simply a rather | ray of light; [had my pen in my hand; I inserted that to slip the drop on one jside; put it into the key-hole; | there saw in about the centre of the room, close by the west side of the room, clear up to the wal!, towards the North River, a person bendivg down over something in their shirt sleeves; the left_knee appeared to be on something and their two hands a holding of something, anda genlle movement of the shoulder He showed how the person stood; the body was about one fourth bent.) 1 eould not | see whether the shirt sleeves were rolled up; I could only see the pantaloons; I could not whether the arms were on anything; | only saw the shoulders; 1 could not see the fread; On the | table I discovered two black hats, This person re- | mained in this uncommon position—stooping posi- | tion—nearly ten minutes; I was not particular to | lock at my watch. During the latter part of | the time he got up, went to the table; put } something in or took something off which did not see, and returned to the same position.— I then called the young man to watch the doors till § went up stairs to see for help; to stand in my | door and watch Mr. Colt’s door; till I went up for advice or help, and to find Mr. Adams the owner ol the building Mr. Adams was not in; I cajled | at several doors: they were absent ; it being about | their dinnerbour. Ithen called Mr. [fockton, the | man that had charge of the house to keep it in or der ; he came down with me, and looking at Colt’s door, found it darkened again, the drop inside put | over the key-hole: Mr. Hockton appeared to| the rather timid; he left me; went back; he bought there could’nt be anything of the kind — I related the circumstance to him ; he appeared to be agitated and left me alone in the hall; I waited: | keeping an eye on the door, till a seholar of mine came in, I related the circumstance to him ; and I roe at the door ; noanswer ; all perfectly s1 J then went softly down tothe head of the s and returned with a heavy walk to the door, posing Mr. Colt might think it was a friend, open the door. I wrapped again, all was still — Several of my scholars came in immediately after | Ithen waited in my own room; in fifteen minutes | —they came in, being young men of some expe- rience in life, I related the circumstance to to them; I still kept watch, I believe. I then sent ; aperson, Mr. Delnose, after an officer; the person returned with the word that the officer was en- faged then, but would be there in half an hour, or ess. We waited there till candle lighting, when | Mr. Wood and Mr. Riley,two offmy scholars went after another officer. Me Wood is clerk at the Exchange Lyceum, in Broadway; Mr. Riley isa dry goods merchant; don’t know where he is | The answer was that the officers could not open the door, if they came, but that I must keep watch. Mr. Isaac Seignette was the person who kept watch before. And after this, several of my scho- lars watched Colt’s door, their anxiety was 80 great I waited with my scholars till 9 o’clock, my hour of going home; left the room in charge of Mr. De|- nose. During the evening we heard a noise in the room continually, but na one went in or ont; from the time of the noise of the foils, to 9 o’elock,I heard no noise of jangling, no loud words, nor wrangling quarrel, nor any thing like the sound of the human voice. Previous to that noise of foils, 1 heard no words in that room; that was why it sa prised me; came upon me so suddenly, and imam diately ceased. The noise of foils was b second or two, and then I heard a noise of falling; that was momentarily; there was a little I could not see whether he did try ft. He then began talking to me about book keeping (we both engaged in). Course of conversation, he asked me if 1 had seen his brother there that morn- ing; 1 told him ‘* No.” He said his brother had waited an hour for him; I observed that I did not see his brother; he was very talkative indeed. At last I got an ni oleae to ask him a word; and 4 said “Mi. Colt what was that noise yesterday afte: noon, in your room.” He re plied that I must have been mistaken—he was out all the afternoon. There was some few words here said, and he left me. J statedto him that there must have been a noise, for we all heard it, and it very much alarmed us. He again stated that we must have been mistaken, and gave again as a rea- son that he had been out all theafternoon. I heard him in and out during the day, Saturday, but | did not see him again that day. Saw no article go in or out thatday. I might have seen him again that day, but not toapeak to him. On Sunday I was in there, and did not see Colt thatday. Oa Monday about half pa.t 10, I sat with my chair leaning up against the folding doors, the Chamber street side, when Mr. Colt entered bis room as I suppose it was him ; he commenced singing, which was very uncom- mon—never dia such a thing before. I took a piece of writing of mine which Colt thought was executed witth n excuse to see the position of the room again. as smoking a cigar, and hada bunch of matches in bis han I had not seen him pre- vious that day, He asked me to smoke—! declined, told him I took a pinch of son’, but never smoked. He said it was a very bad habit of his, that he smo- ked so much it caused him to spit bloed, or else he sinoked to prevent spitting blood, I forget which, as my attention was more particularly directed to the floor. He stood near the door. On this part of the floor which had been scrubbed more than the rest, there were 30 or 40 speckles (s ttlea) ina spot. In the course of the conversation I referred to the nolse of the Friday previous. Hesaid “To teil youthe trath Mr. Wheeler, I upset my tableand broke my ink bottle and spilt my books,but I cleared it all upand no oftence—hope it didn’t disturb you in your room. One thing I neglected to mention. turday I called on Mr, Adams, owner of the building who had an office directly over my room, to ask bis advice on the subject. He thought we ba nt grounds to proceed upon—but had better be quiet and see i! there was any thing in the pupers—it was a delicate subject to meddle with—better wait aad deliberate—see if papers said any thing, and we did nothing farther then. On Monday, after what I’ve said, I returned to my room and nothing farther occurred on Mondey that | recollect. During all that conversation, he continned standing. He stood in front of me or to the leftof me. I gave the room further examina. tion, ( saw nothing but where he spit except what I saw on Saturday. It had the appearance of being serabbed again—wet near the bar, but that proved to be oil. We met frequently during the week. On Tuesday I saw the notice in the paper; I then went to Mr. Lane in Catherine street, and saw Mrs. Lane; I told her— [Stopped.} Wiryess.—I saw Mrs. Lane; I retarned to my ; Mr Lane called on me at my rooms at 12 k, with aMr. Lowring; Mr. Lane produced Adams? books—we examined them and found— Mr. [Stopped.} | Senpex wished to know if they meant to show tha: Mr Wheeler conversed wiih Mr. Colt about | intervening noise, however; there was a sound as of persons scraping the feet on a carpet floor; | it was amufiled noise; it waslike moving somethiny with the feet, or shuffling of feet; there was no | than afew seconds, but on taking my watch out | and -efleeting, I found it was so. I was engaged | writing an ornamental piece for exhibition when I first heard the noise—not engaged with one of the scholars. My attention was first called to the | rocma by the clashing or rattling ¢f foils or some thing—I hardly know how to call it. I think I remained in my seat till the noise of the body fa ing. Isat with my leit side tewards Colt’s roon my back partly so. I did not change my position till I heard the fall on the floor. Two or three se- ds, or halfa minute after, I heard the noise of IT rose from my-seat; during that time I heard nothing like the opening or the shut- ting of a door; all was silent and still. At nine o'clock I left the room in charge of Mr Delnose, requesting him te keep the watch ; he remained tili three on Saturday morning Op that morning at half-past nine, | arrived t and opened Mr Colt’s door with a borrowed key, and looked in; I found he was absent: /hu!f opened the door, stepped one foot in, and looked in; I d covered the box was missing that had stood there; parently roughly; the spot over which this person had been stooping, I took particular notice had been more thoroughly serabbed than any other pari of the room—so as to present quite a contrast; also, that there had been oil and ink spilt around the room— oil on the base and ink in spots on the wall [| took the floor to be wet—water standing round the base; the centre was not entirely dry—damp- ish; I only stepped one foot in the room; I jexpressed a desire to one of my pupils to Jook into the reom; he said he thought he wad a key to fitit. T remained looking at the room not more thana minute: I locked the door; went to,my room, returned the key to the owner. | had been in my room thirty minutes or nearly, when I heard aknock at my door; I opened it, and Colt stood there; would fit his door said he and wanted totry | carpet on the floor. At first I thought itno longer | ad been scrubbed tho- | | Mr. Adams’ book, | Wityerss.- We looked at the books, and found and saw that Mr. Colt—[Stopped ] From seeing | the books we went over to the Mayor; I gave him ahistory of the occurrence, and proceedings were | set ou foot; 1 saw Colt frequently during the week | —it was Tuesday I went to the Mayor; the day I | saw the notice in the paper; I saw Colt till his ar- rest; ou Thursday, before he was taken, he acked me very politely te come into his rooms—he wish- ed me to converse about book keeping; said I was an older teacher than him, and any advice I could * | give him about publishing his book he would be happy to receive; I partly promised to go in, but didnot! On Friday morning | was standing talking to Mr. Butler, the portrait painter, at the front door, and Mr Colt came up and again asked me very politely to come into his room that after- noon. ‘He appeared very {riendly. That is all my knowledge of the subject. V urtiwo—te’s your wilness, gentlemen. Cross examined—| think Colt moved to the room inthe morning. In the course of a day or two after I wentin I saw no change in the room till the Saturday after this affair. the chairs, and table and box, had been brought into the reom daring his oceupaney Broadway is very noisy in the morning, and then again from 3 o’clock till candle light it is very noisy This was a very warm and rainy day, and my windows were open. On a rainy day the noise of the omnibusses is apt to be greater than at any other time. I sm often very | much incommodea in hearing in my business there when my windows are up; they were ap that day: It was a@ quarter past three o’elock when I heard the n That young man (Seignette) usually came in at three o'clock. He had been in al a quarter ef anhour. About sixo clock thi is the greatest with the carts ; but it was very noi- sy. I went to Colt’s door but once before T went up sinire for the other tenants. I staid at the doorten minutes, and called the boy to wateh and then went up stai I went alone ; only went once before J went up stairs ; just stepped back to my door and called the boy to watch ; then I used the penas I 5 the latter part of the time I was wat R 3.1 could oni: e the body; mee his head brought my line of sight co as to see the back und upper part of the individual; the face was to the wall and the rest of the body was from the wall; there was no change of posi- tion all the time except a gentle shaking of the shoulders, till he got up aud went to the table. The table stood in the south-west corner, the long side running towards the windew; | believe there was a looking g! there, and some books anda candlestick, but no shelves or book ease; when I got the keys from the Mayor, I found a piece of looking glass nailed against the wall; I had before seen asmali looking glass there. ‘The day Mr. Colt was taken, 1 observed pieces of looking glass that had been swept under the folding doors, large and small pieces, as if alooking glass had been broken; Ihave them now; Id.d not keep my pen in the key-hole; I did not then try to get into the room; I did not knock till my return from up 1 did not know but what Mr. Colt might be packing up his books; he had talked of going jouth ; and as he owed thefrent, I felt deli- cate, While 1 watched Mr. Seignette listened at the folding doors. After I called Mr. Seignette to watch I went to Mr. Osgood’s room; he was absent. I wentto Mr. Joknson’s room; he was absent, and there was a doctor and others on the same floor, whom I did not know; sel chose to go to some one I knew. From the staircase to Broad- way, on the opposite side of the hall, there are two large rooms, Mr. Osgood’s and Mr. Johns: Mr. Johnson has a room opposite Calt’s. 1 w. ya minute ora minute and a half going up stairs and back; Mr. Seignette had taken achair and sat in my door witha book in his hand; persons might have ¢alked quite loud im Colt’s room at that time of day, and me in my room not hear it unless our at tention was directed to it. I used a steel pen to move the drop, and it was light eneugh to remain fixed up when I put in one side: I cannot tell what force I used to turn the drop : In half a minute or a minute after I went t >the door, 1 raised the drop. J heard no noise all the lime looked through the keyhole. All was very still. ‘The person stoup- ing down, remained so nearly ll the time. His body was half bent, the length ef the limbs from the floor, He only returned once to the table The person had his coat off: I noticed the back of his vest. Fromthe first noise to the last, it might have been half a minute or two seconds or three: it could not have been a minute: I was a good deal eggziled at the time: the first noise alarmed me a good deal—it came so suddenly: the first noise was like foils striking together when people fi commence fencing : it was not exactly Jike that, but Lean cowpare it to nothingelse : Ido not think it was the striking of foils; the noise of shuffling of feet followed immediately; between tho first noise avd the fall, I heard no sound of the human voice; during this time, Mr. Seignette sat about half-way between the folding doorsand my seat; about the centre of the room; that is when the first noise was heard; I de not know whether he or I rose fier frem ourseats; I think we did not rise from our seats till we heard the fall; we reflected a lit- tle; the time was short; don’t recollect that either of us suggested to go into Colt’s room, till next day; Mr. Seignette did not allude to any other cir- cumstance that had transpired while we were to- gether in my room, otherthan what I have now stated. (Here, at three o’clock, the Court took a recess of one hour.) Afternoon Session. W HeeLer—Cross eramination continued—I went up stairs and found Mr. Hockson in his room. [| told him wanted him to go down stairs—there was something wrong oing on. We came down —went direet to Colt’s door—Believe I didn’t knock till Hoekson left me. [looked in at the key hole, and saw the drop down. | told him | appreliended foul play. He staid down one or two minutes — We spoke together at the door. He didn’t rap at thedoor. Wespokerather low. Didn’t turn the handle of the door. [then went tomy room and after this wentto head of stairs and came back with heavy tread. It might be half an hour or iif. teen minutes before I did this afer I left Hockson. After he left me I went to my room, a scholar came in, and then I went to the door and rapped ; no answer; went back to my room; then to the head of the stairs and back, and rapped again ; received no answer; went then to my room Mr. Seignette remained all the time; don’t know why I waited till another student came in; perhaps I wanted advice. I did not ask Mr Sig: nette to go with mete Colt’s room at any time: he might have come out: he was in the hall, in and out several times 3 some of my scholars went to the door and listened to see if they could dis- cover any noise. J did not try the door at all, any time that day : the intervening noise was like shui- fling of feet or moving of feet, as if to remove some- thing : the neise of the fall was very sudden and instantaneous ; the neise at fir mgt have been the breaking of the looking glass: I think I went in with one of the officers, after Colt’s arrest, and before the Mayor gave me the keys: some of my scholars that ‘afternoon, etaid till my evening scholars came: Mr. Delnese came there before Seignette left: I then sent him forthe efficer about half-past four: he was absent about thirty minutes —Messrs. Wood, Riley and Blair were there : there might be others : 1 e some that go at candle light ; Mr. Wood remained till 8} o’clock : he may have gone before. Mr. Riley and Blair went away. Mr. Wood might have gone away. Mr. Del- nose went to tea and returned; he was absent about haifan hour. [ think Seignette le{t at candle- light Lcannot remember that any other of my afternoon scholars were there that day. Can't say what time Delnose went to tea. Can’t e one who came there that evening. Mr. Riley might have returned. I think Mr Riley left my tuition at that time, tne next day, Saturday. Don’t recol- lect that any one of my scholars besides left me on that day or night never to return. I can’t recollect any other single individual of my scholars that was there that night. Mr. Wood and Mr. Riley went for the officer the second time; they returned, and Riley went away soon after. Mr. Wood might have remained till 8 o’clock, or have left at candle light. At eandle iighting 1 went to the door, and rapped again. Can't name the time Delnose came back fromtea. Ihave my tea bronght to my room I presume Mrs. Hockson brought me my tea that night. Don’t think { left m: room earlier than usual that night. I thin I left Mr. Delnose alone that night, My ordinary step of walking along the hall could be heard in those rooms unless there was a noise in the street. Att others it could not. 10 on the morning of Saturday, that I went into Colts room. The floor was not then thoroughly Gry; it had rather a damp appearance; one part was much whiter than the rest ofthe floor. Don’t remember seeing a pailthere on Saturday morn- in, He used to have a pail there. That white spot in the floor was two feet six inches wide. It was half way between the door and window have frequently seen him have a pail there with water. ‘hat spot near the base (sur-base) looked “vet like water; on Satarday I saw it; but Dr Chil- ton said it was fieh oil ; but at a distance it locked like water. [supposed itto be water that bad re- ceded and was standing there. I think it had the samo appearance en Saturday as on Monday. I cannot tel whether it was oil or water, The desk against thel folding-doors isnot there now; I have taken posses- sion of both rooms now,again. That desk there then was the shortest double desk Ihave inmy room. It } was about seven feet long and four feet wide. I ob- tained a key to open Colt’s room, from Mr. Charles Wood,one of my scholars. Can't remember whether lasked him for itovernight. | expressed a wish to have a look at the room, to see what was in it, and he eaid he hada key that-would fit it. Lately the walls of that room have heen partly scrubbed; so has the sur-base; by a woman whom I told to get the ink spots off. She got some off. Mr. Del- nore had made a partial arrangement to bi Mr. Colt’s room to sleep in, as soon Jolt left; and ex- pecting this, Delnose had slept in my room, two or three evenings before the 17th of Sepiember. I think likely 1 told Colt thot Mr. Delnose was oceu- pying my room to sleep in till he (Colt)jwent away. Mr. Delnose nsed to sleep on my chairs, with a com- forterover him; it was warm weather. Mr, Delnose would have slept there whether I told him to stay that night or not. I told him to keep wateh. Some- times he went home to Staten Island, Can’t say if he slept there on Saturday night. That box might have been one foot or six inches larger or smaller than what I’ve said. | did’t send Delnose a second time for the officer. I did’t tell him to go back and ask why he did’nt come. I was considerably agitated after 1 looked through the every evening key-hol-; but not before; because I was alarmed about what was going ow. I believe Seig- nette did not Jook through the key hile. [Piece of looking glass produced. ] Witwess.—These are the pisces found under my folding doors; Can’; tell wherethe glasshung in hey were found under the folding thin sill there; the pisees pro- ttle way into my room, go that | get hold of it and pull th it. By Wurrine.—There was a curtain to Colt’s from the centre of the window to the my conversation with Seignette, in the hall, was a lowtone; I think that in going through the ly that afternoon, I trod lightly, those in the room; that perso: Tthink wi White one; a tall man; his vest, I think, w hats were about six inehes apart, ed the gi my r here from under the (ol m: there were thirty or forty lit and thetwo big pi ij was arrested; the noise clash of foils; it might have bee ke a glucs fall. heai upset: hear the voice of convers times heard leud talk; conversation there. man, and lives in the upper part of the bu; By Serpe —The sun shines into all ra a erp pe a an opposite is a high five story uilding, and cuts off ahe fi vii building. and cute of rom these windows Anzac Seianerre examined—Resid Ath and Wooster, did so last Se tember. Ware prpil of Wheeler’s; I went to Wheeler's between 2and 3 that afternoon, 17th of September; [ went direct to Wheeler’s room, took my seat at the desk. posite (not against) the folding door: 3 it run par- allel to Broadway, about opp jite tothe folding ry doors; on a bench, m —_ The {all first excited “my cations Ade the scufile, or dof a a sudden noise; L should judge, I t it was like taking hold of a man and throwing bim down without much trouble or struggle, or any noise at all ; then Lheard the fall, and got up immediately; Mr Whealer got up too, and by his countenance | thought he was very much frightened. The noise was like a heavy fall; couldn't compare it to no thing but the fallofa man; Lasked Wheeler whut he thougkt it was; he said he couldn't think: | den t know what answer he made me; I asked Mr. Wheelerto see avout i went into the entry and locked through the key hole of Colt’s door and returned; | stood in Wheeler's door. He vaid he aw somebody engaged in somethi:g on the floor T advised Wheeler to sve to it; he went up stairs and got Mr. Hockden; I kept watch at the door and no one went in or owt of Colt’s room; I looked through the key hole wi © Was gone up steire, but it was stopped up; ii five minutes after W left me to go upto Hockden before 1 loeked through the key hele. He and Hockden talked awhile, and Hockden went away; then me and Wheeler talked together ; he went und looked a second time, and said he saw two hats onthe table ; then he came baek ; then three pupils and another cume ins the first and second were strangers to me; the third was Mr. Wood, the fourth was Delnose ; Delnose got there about half pastfour; from the time of the noise till Delnose came | saw Colt’s door, and J saw that ne one went in or out; during that time ] hadn't heard a human voice in that recom; nor had I heard one previous to this noise; when Delnose came we all conversed; then in quarter of an hour Wood and a stranger was sent for an officer; Wood returned; Wheeler and J und Delnose remained there till Wood returned ; one stranger besides; they were toree quarters of an hour gone; Wood said he couldn't eet an officer; | staid there till half past eight; Wheeler and Wood ail that was there; I met Delnose in the entry returning from the police; after Wood returned, we staid long enough to talk about it, and advised Delnose to go for an officer ; he said he’d go; he was gone about half an hour for officer; 1 met bim en the second floor near the from the time of the noise till | left for good I went out intothe street but once and returned ; did not see the door all the time ; went ito the room sometimes to say a few words; when | went into the street I left Wheeler and the don’t know if Dolnose was there; Whee was open all the time that afternoon; don’t think } was there the nex: day; on Monday [ was there; | a yt see Mr. Cok that Friday; didn’t knew im. Cross-eramined by Svt.prx—| think that Friday was the first ay 1 was there; I had made arran; ments that week to he his scholar; can’t fix t exact time T went there; hadn't had any dinner; sometimes I went there at half- three; can’t tell what time I went there within an hour; that desk where | sat was three feet fram the Broadway wall; the desk was fonr feet wide; I was a little nearer the north wali than the centre, and abont eight feet from the Broadway wall; didu’t hear a noise that day like men moving on the floor: I heard something like the breaking of glass; 1 heard the rush and the fall—no other noise. The first noise was like foils rushing together, crossing each other; I don’t think it wa: , though I can't compare it to any other thing; the noise and the fall w: close to sound like men rushing together with foils; there was but a second or two between them; the last noise was like the sudden falling of a body; after this, when | listened at the folding doors, 1 thought I heard a straging or something of that kind; U couldn’t see through those doors; after I saw Wheeler go to the key-hole, J went and tened at the folding doors; while Wheeler w: looking throvgh the keyhole, I stood half a minute, and then I went and got on the desk, and put my ear within three inches of the folding doors; I was on the desk nearly a minute; can’t say with any certainty whether I heard a noise while my ear was at the folding doors or not; the keyhole was stop- ped up with the brass drop before it; Wheeler was absent up stairs about five minutes; can’t say cer- ti from that time till I went away, there were no other scholars there but Wheeler, self, Hockden, and thetwo strangers. I might have gone away at eight. 1 think Delnose would have refused to go bad we not kept on. Delmose came there at bulf-past four; a quarter ofan hour afterwards, Wood and the stranger went out; they were gone about three quarters of an honr ; that made hufl-past 6; we were talking about it about quarter or half an hour. That was six o’clock ; and he was gone to the police effice nbout an hour. When he came back | was going away I did not go away betwe ix and seven o'clock, bot from half-past seven to half past eight ik All these things might have consumed more ume than I have said tey did, I think it must have been later than haif-past four when Delnose came 1 was going home when I met Delnose in the Hall retarning from the police. When I went out be- fore I went in front of Colt’s buildings on the side walk, the same side as the Granite build- ings. When I left to go home, Mr Wheeler was just fixing the candles to light them, orjhad only just lighted them. 1 can’t sa) distinct) whether they were lighted or not. | generally left before candle-light; | was there twice after candle- light. My lessons took two to three hours; some- times four hours. Wheeler generally kept. his candles under his desk He generally lighted them by matches in the summer. I don’t recollect light- ing them for him ever. I don’t recollect seeing any one light light the candles there that evening. I could see who was there when I left. 1 think ail that I left there was Mr. Wheeler and Mr. Wood; pretty sure they were all. Wood was ‘sitting on the eastern side of the desk whenl left, Can't tell what they were doing. Wheeler might have been lighting ‘he lamps, or fixing them, or writing. Sometimes he trimmed lamps before dark to have them ready for ligkting. When I got the street, on going home,there was light enough to vee Delnove in tlic entry. I think there wawa light inthe entry that night; because I saw bim so plain. That's the only reason; because I think the entry was not light enough in the day time to see him ‘so plain. When I gotinto the street, it was misty, and they were just beginning to light the tam p | It was in the beginning of the evening. 1 walked home to 4th and Wooster; had been half an hour, and then bad my tea; I had te: the usnal time that evening; there no time; we wasn’t regular, sometimes at half past 7, and So’ciock. There n plaint that I had delyed the tea that night. Don’t remember stopping on the way. When 1 met Del- nose in the entry. I understood he was ccming from the police. I knew Delnose at that time. I was once in Colt’s room with Mr. Morrill and Mr Emmett. I never was in there before Colt was arrested. When I was in Celt’s room with Mr Morrill and Mr. Emmett, I don’t recolleet saying the sound was like the stamping of feet, or rushing together of men; ‘he first noise was likethe closing together of men with foils, and rushing in. Judge Kext—No stamping. Wirvess—No sir; no stampin compare the jingling to nothi ing of foils. I took lesser month or six weeks after thi: T said I could but the clash , Secpex—Never once spoke to him on the sab ject a: all Witness—Never once. orton; I hot to be heard by the room stooping @ pantaloons were black, | belic sl could not tell if he had boots or shoes en; the two standing on thei crowns; the table has leaves; no cot touts 1 yolle 8 FOOMS ito tle pieces of a@small iret saw them the day Colt like foile wee like a single ing down and breaking. After this there was shufiling of feet, and | have a faint reeolleetion of 3 lve not often been able to ‘ation in that room; some- could not hear unexeited Mr. Hockden is a colored