The New York Herald Newspaper, January 26, 1842, Page 1

THE NEW YORK HERALD. NEW YORK, WEDNESDAY MORNING, JANUARY 26, 1842. Vol. VIL. Ho, 312 —=Whole No. 1980. COLT’S TRIAL. Court of Oyer and Terminer, Jupoe Kest, Parsepine. Siarn Day—Tuespay, Jan 25. The interest of this singular affair still increases. “The Court room was crowded again yesterday ‘goon as the doors were opened, and so we all the avenues to the Court Room. Fe were a dozen 4 ased ladies present in Coart. — The Court met at Vine to allow the jurors to go ‘home for an hourand meet again at 10 o'clock. Dr. David L. Rogers was in attendance. Mr. Wurtinc first called f Wuercen.—After Delnoce slept in my rooms I conversed wit) Colt about it; gave Colt thut asa reason why I wished him to leave; it was the day that Colt gave me the book: curity for the on the 13th of Sept.; on Sat Sept. 18th, e had returyed my ke » which he borrowed, Id him Delnoce slept in my room last he said “I thought I saw a light there last evening,” he immediately correcte: himself and said, “after | came in—but I came in very late.” — He had b-fore said that he was out all the after- e saw the light, I presume, through the arct Arronney.—I now propose, Mr. Sel- 3 if Mr. Colt did not have Colt’s session a short time before the 17th of September. vies Mr. Setpen objected, and asked forthe decision of the Court. i. Judge Kent.—My mind is still open to the con- viction of argument, Sir, but on examining the sub- gaet last night, Sir; after adjournment, the addition- al attention I've given to it, has induced me to con- sider the evidence offered by the District Attorney ome admissible. I’m still rerdyto hear you, how- ever. Secvewn.—I'm perfectly willing to rely on your Honor's judgment, int! se, sir. , i Judge Kent then delivered the following opin- fon: Jupen’s Orixton. ‘After an examination of the point raised last evening, careful asthe shoriness of time will allow, I have come to the conclusion that the svidence proffered by the pro- eation isa able under the indictment } It is proposed by the District Attorney to adduce evi- dence tending ro prove that the death of Samuel Adams wastcaused by a bullet proceeding from a pistol, and this be to do under an indictment,two counts of which allegejthe death to have been caused by aj hatchet, one of which the two other counts allege that the prisoner did “atrike and cut™ the deceased “with an instrument to the jurors unknown.” iat a: It is impossible to glance over the decisions in the English books, on the construction of indictments, and the adaptation to themgof evidence, without a feeling rising almost to indignation, at the excessive subtlety and refinement which have been so often permitted to obstruct the course of justice, and violate the dictates of reason and common sense. Until, however, the legisla- ture shall apply a remedy, it is the absolute duty of the eourt to carry unshrinkingly into effect the decisions and established principles of the criminal law ; but ii the present instance it is believed that the evidence o: fered is fairly within the apirit {1] Under the twe counts of tl the death to have been caused by me that the doctrine of even the earlie! writers prove its evidence to 7 foo of death caused b; shooting. Thus Hawkins says (Book 2, chap. 46, §37- “Ifone be indicted or appealed for killing another wit & sword, and upon evidence it appear that he killed him with a staff, hatchet, bill or hook, or any other weapon with which a wound may ve given, he ought to be found guilty, for the substance of the matler is whether he gave the _party a wound of whichh- died ; andit is not material with ‘what he gave it, theugh for form's sake it be necessary te set forth a particular weapen.” . ta Yet (he adds) it svoms clear, that evidence of poison. ing, or any other kind of killing burning, or fa: q . eae see ne het pon is used, will not maintain an indict. ‘ment or appeal of death by killing with a weapon; and thi nce of killing with a weapen will not maintain an indictment or appeal of poisoning, &c., because they are different kinds of deaths, ‘ ‘This extract, setting forth plainly the reasonable dis- tinction of the early cases, contrasts most favorably in its simplicity and clearness with a modern English Nisi Prius case.—Rex vs. Hughes (in 5th Carrington & Payne 120) which, in its unmeaning sophistry, seems to set reason and justice at defiance. Hawkinsis supported, Rex vs. Macally, 9Co. 67 a.— Gilbert's Evidence, 231, ‘ Russell, in his Treatise on Crimes, adds another strik- dng illustration :—* It wil! be sufficient, ifthe manner of the death proved agree in substance with that which is |. Therefore, if it spose that the party were by a different weapon that described, it will meintain the indictments; as if a wound or bruise, al- to have been given with a wooden staff, de proved been given with a stone.” [1 Russel, 477.) % In. Massachusetts case, [cited in the American edi- tion of Russel's Treatise, p. 467. note—and which I have ‘aot hadtime vo trace to the original reports,] the doc- trine and the reason ofthe distinction are recognized and eaforced. The indictment in this case—The Common- wealth ve: Boris, trial in June, 1929—alleged the mortal wounds to have been inflicted with an axe. 1t was doubtful, upon the evidence, whether they were made by an axe, saw, broom,orsome other instrument. The Court instructed the jary that “if the death was caused Dy the wounds mentioned in tho indictment, it was imma- terial whether the instrument used for the purpose a axe, if they were given by some deadly weapon.’ ay be gi for the distinction, that if the be caused by means entirely different in their na- and application, and involving an essential differ- eace ia the time, pluce, mode, and other circumstances of their development, from those charged inthe indictment, latter is not supported by idence. There may be justice in the complaint of @ prisoner charge ‘with stabbing only, ast evidence Rios produced of potsenng the deceased; for the latter is a secret crime, oper pin Mia slowly and after long intervals of time. He may be surprised by the evidence, and surprise is the only meritorious bond of the distinction. But the pri- souercan hardly, in any supposable c: be injariously sarprised dy evidence of shooting th eased, when 4 ‘ge is stril ith a hatchet. Both imply vio- Stantaueous in its application,end simultaneous. Gur besides, if a person charged with killing witha dagger, may be proved to have killed with a bludgeon— it one charged with having killed with aclub, may be provedtoh vel filed with a stoue—ifthesubstance of tLe matier ts (in the language of Hawkin’s) whether he g3vejthe party a wound of which be died: what prin etple saowid su) t adistinction, which shall present a @ ‘eof killing witha hatchet from being supported by Killing with a pistol ? Tae mode im which the principle is laid down inthe ‘books confirmsthis view, “ Ifthe species of death be dil- # if the allege astabbing or shooting, an evidence prove a ning or starving, th ri ance would be fatal.” sAnehibore iminal Plesding, 382. Seaaiso, Rex in, 6 Carriny and Payne, 123, miseable under the two | that the prisoner the mortal y and cutting,” with * an instrument wae Set, Wd a th: argument, the counsel for the prisoner objected that the words , striking and eutting? id not I y to shvoting, asthe force in the latter case was the resultof rraediate it, i.e. the gunpowder which was ignited by the action of the prisoner. Such, at Deast, [ understoed hie argument to be. I believe the law of pleading regulating indictments, nequures oaly the wera “‘striking” to be inserted in the in i alleg at tment—the ord, “ cutting,” is unnecessary. But the word “striking”—" percu i pleading— ‘ord of art appropriated to tl tlon of external violence. (Hawkins, Book sec. #2. 3d. Chitty’s Criminal Law, 752, note used, aud ii ient in those indictments which desoribe, with pai rity too, the murder as caused by shooting with firearms. [See all the precedents of Fags esi shooting and wounding, 3 Chitty, c.2, If, then, there is nothing in the word “ striking” which pce evidence of shooting—but the word is cor- rectly used by the pleader for this purpose—why may not evidence be given under the count describ- ing the wound as caused by an unknown instrument 7 Tiecount is surely defensible, if the jurors cannot ascertain how the wound was given. The idea is not tobe tolerated, that, if a case of homicide should oc- cur, of which the operating canse could not be conjec. tured, that therefore it should go unpunished And if auch on indictment be good, under such circum would it not be supported by evidence, which 5! sequently discover the means which The pleader m5 4 describe the wound as inflicted by axe, and to have been done with a sto: charge it as committed with a stiletto and pro have been commited with a broom stick. ti a thed law. May he not then, according to the fact, charge at te have been done with some unknown instrument, aad then, at the trial, by aid of scientific skill, or de: vavelepments of time, prove the real instrument? If surprise upon the prisoner be the controlling reason, how much more jusily may the latter case be supported than the former? The prisoner charged, totidem verbis, with killing the deceased witha aword may much more Tae of the admission of proof of killin; aclub, a8 on offence he had not notice to resist, an which eontraticts expressly the written charge, than be can object, unser an indictment in which the prose- ot, admits his ignorance of the instrument of death, Proof of the weapon gel fo wound resin: fioted je was nor misles y the last charge—he ma: bere been by the first. 7 ij Court nlmits the testimony offered DEN said that where the prosecution laid the to have been occasioned by a wound on the side of the head and the death was proved to ned by adifferent kindof wound onthe that wou'd be fatal to the indictment He, ner’s counsel did notwislrto be met here- ter, by saying that the point of the description of the 4 ound was notargued or disposed of by the aJudge Kewr—We're not likely to forget your ar- gument, sir. Mr. Emmett excepted to the ruling of the Court on this pointof the pistol WaeteEcsr eramined—I think it was on the 13th of September, in the evening of that day,Colt came to my room after school was over;he talked about his brother—I asked him if Mr. Colt, the inventor of the pistols, was a brother of his? he said h He asked me if | had seen any of his said I had not. He replied that he had one room, and he’d goto get it. He went and got ouc, aod returned with it tomy room. The pistol had an elegant pearl handle, and had five or six barrel ona revolving cyleuder, or one barrel and s1x cy- lenders—was a beautiful piece of workmanship— the tubes or barrels were four inches long. He also showed mea very ingenious apparatus for load- iny the pistel—it had his brother's name en it as the maker. Never seen that pistol afterwards. i Cross-examined—The maa [ saw stooping down in Colt’s room, bending over something, was nearly close to the west wall, about half way between the door and the window, and his back was about o posite the folding doors. Could not bring my eye soasto see the feet of the man—tbivk | saw the lower part of his head. The revolving part of that istol was about four inches long, and one and a pat inch in diametar—(a tumbler shown)—it w. as long as that glass, and all of one-third less ind metar. (He moerkeda circle of one ineh nine six- teenths in diametar ) The revolving part must have been 4 inches long—it might have been only three inches—it might not have been as long as that gi oh,certainly it mast have been as long as that g! The whole instrument, from the end of the handle to the end of the muzzle, 1 should think wa: inehes—it could not have varied in length one quai ter from this statement either way. I dont think the pistol was iaken apart. Think I took it in my hand. Did not see it op- erate: he was fifteen minutes showing it to me; I look particularly at the elegance of the arti- cle: if it had not a pearl handle, it had a good deal of pearl about the handle—I'm pretty sure I think ithad: I was very often in his room, and he often in mine—I was oftener iv his rocm: this showing of the pistol was about thethird or fourth day before the occurrence of Adams’ death: I’ve never Jost sight of this fact: I never told it to the Grand Ju- ye told thisto Mr. Whiting last Friday: I told this fact to Mr. Justice Taylor a very short time after I gave in my deposition: [ think I did men- tion it to Justice Taylor before | went before the Grand Jury. [A Colt’s pistol was shown to I think the revolving part was larger than tha 3 L thought the barrel revolved with the drum: I thought there were several barrels: my impression was that there was a succession of barrels. {Here the witness got most pretty effectually confu- fused and usd up aboutthe pisto', and said he could not remember any thing defiaite about the abe that he would swear to under oath, and that e didn’t care any thing about the pistols. He at last remembered there was a pistol there which he looked at for fifteen minutes, but could remem: ber nothing else, altheugh he remembered thedate and conversation, and every thing else, minutely. } My impression is that there was a bundle of barrels, and that by pulling the trigger the barrels all re- volved, and the pistol was cocked: | also think there was acylender part to that pistol. {he witness here took the pistol in his hand, and at last said he would swear that the pistol he aswe had at. least one barrel to it; but he would swear | to nothing more. Her® there was general laughter —The barrel of that pistol was four e barrel of Colt’s pistol is about si i If an. of this kind occurs ag: I'll be particuiar and m re the pistol, so as to be save time: my impression is that the bar- rels revolved, so there was no necessity of any thing between the barrel and the cock: there was certainly a ceck to that | pee {Much laughter. ] The pistol was attempted to be cocked in my pre- sence: am not sure whether the name of * Colt” was on the pistol, as the maker; or not: might have told Justice Taylor about this pistu] before the ar- rest of Colt—can't remember that, bad so many things to remember: I made a statement before Jus- tice Taylor under oath. Mr. Warutine objected to asking wi swore to before Justice Taylor. The Covat said he could not be examined as to the oath. Mr. Wuitixa had no objection, if the original affidavit was put into Wheeler's hands. Affidavit was put into Wheeler's hands. Setpen read from the affidavit that Wheeler then swore that the noise in Colt’s room sounded as if persons were fencing, and one had pushed the other, aud the other had fallen. Wirxess.—I believe [ said that; the affidavit is sworn to, Dou’tkaow whether! got the key to Colt’s room on the pight of the 17th or morning of the 18th. I [remarked to Mr. Wood at my housa that night, that 1 should like to get a look at Colt’s room; and he gave me a key at my house either tha: Friday night or Saturday morning. [looked in at Colt’s room between 9 and 10 on Satur. day morning. Can’t say whether I them had heard any th ng about the moving of the box. On reflec- tion, | think that Mrs, Octon, or Mr. Octon, or Mr. Delnoee, had told me they saw Mr. Co t moving a box I must have had information that Colt was out, ov I would not have ventured to have opened the door. By a Juron.—I did uot hear any sawing in that room at any time previous tot at Friday, or at any time. Mr. De LaForrest eramined.—I bought two of Colt’s pistols forthe Prince de Joinville; (pistol shown,) it not so longas that. He wanted the agent ofColt’s company to givejhim something very good. He brought one fine one; and om board the Belle Poule we fired a Colt pistoi, with a cap only, and tne ball went 160 feet along the deck, struck a hard board, and rebounded twelve feet; ball also was sent from the pistol at a distance of twelve feet, clear through a book (Bru: edition) of 150 pages, witha cap only. That’sall. ‘The noise was very trifling. Joun A. Unperwoop eramined—Is an Aldermat has n experiments madefwith a pistol short- er than that. I’ve called’ in the Patent Arms Company’s store, in Broadway; have often seen there a ballsent froma Celt’s pocket pistol, with acap re the distance of 25 or 30 feet, and half imbedded inthe board. | consider this Colt’s the very perfectionof fire arms ‘The principle is, that the cap is applied directly at the end of the breech and there 11 angle as in other fire arms; and the perc m powder is applied directly to the ombaene act with more force than in any other istol. 4 Setpex—Does your honorlunderstand it? Julge Kent—Yes, and admire it too. Wirtness—Havetried experiments with Allen’s patent pistol ; there the cap is on the top, the force acts at right angies to the charge; it does not act with any thing like the force of Colt’s pi: Devavan—Alderman, is the noise of ing of foils any thing like the snap of a whathe Tecan’t say. —Would arevolving pistol kill aman w.th a cap and ball only at the distance of 6 feet” Officer Dennison examined—Saw the box and body fuund on board the vessel. When the box was Toot and the first eloth took off, I saw something Ike several pieces of salt ; I said to some one standing by “that’s salt!” then I saw about abandful of it on ‘the other cloth; and when the second side of the cloth was taken wp the salt fell down alongside of the body. /t was coarse salt! Cross examined—When the clothes re lifted off or thrown back, the salt fell inside t! OX. James Snoxt examined—(A miserable nonde- script looking character, four feet high, was put on the stand ) I washed the body; I out the rope frem his right knee, and the neck, and took the from out his skull, and washed them and givethem tothe doctor. It wasa very thick rope and herd twisted; I washed the body after the doetors ex amined the body. There was salt aboat the body wh i bench to wash it, and some- thing like lime ; there was salt on the body when Iwashed it. Icouldn’t , to tell you the truth, but he was salled. 1 couldn’t tell how mach salt was put upon him, but he was salted, to tell you the truth. Igave every bone to thedector, and he set them all Sonn on ee: of paper. The first piece was about the breadth of your two fingers. I took three out atany rate; out from the forehead. I saw both eyesin the head when I began to take the bones out. I saw no cut about the face orthe jaw, only cutin the forehead that was done by an axe or ahammer. I washed it directly after the doctors had do: I put the body ina coffin, and forgot a of bone, so I took the piece of er the bones were in, and ran down to the bu Frying ground, just in time to put them in the grave. , Cross-examimed—| went down there to the bary- ing groand (pointing to Ann street.) I don’t know thenamesofthe streets here, because I'm ne scholar; I saw the salt stuffall over; the bones were laying loose inside his head. Yesterday I got into the box, and showed a leman (Emmett) exactly how the bod: lay, with his head on to one side of tae box, and his feet om tothe other, and put myself into the same ion as near ag I conld. ‘Seipex—That’s all, Mr. Short, Jammy Su@ar.—Yes, and I’m very glad ot it, for it’s alla fact and a very bad b: Kext.—A a through, Mr. Waurttxe.— Sir. Keat.—You Wuitine —Yes, Sir. Mere some of the Jurors went out for a few minutes. Ontheir return, Joun A. Morntux opened the cause for the de- fenee. Defence, Samver Cort examined —Is the brother of John C. Colt: is the inventor of Colt’s patent fire arms: is perfectly acquainted with their principle and use. (Here Mr. Colt was asked to go through a series At axpecimenta with the Colt’s pistol, which he i Mr, Corr showed how the pistols were loaded: he then discharged the five barrels, and caught all the balls in his hand : his hand at the time was close to the barrel of the pistol : he fired the pistols at the boarding near the judge’s seat, and the balls all rebounded ; the indentation was very then fired the pistols at a law book covers : the bail cut through nine leaves only, at a distance of fifteen feet, and left an indentation on twenty-four leaves: hethen threw some balls by the hand, and they made about the same indenta- tion, Witness.—These caps are ordered as ‘ double caps,” the strongest that can be got, for the pur- poses of this experiment. By a Junon.—If the ball was not pushed down to the bottom of the barrel the force would be less; it would scarce pass out of the barrel. Wirtyess.—These are the balls that were used for those three experiments; (three balls were shown tothe Jury,) never made any pistols but that size; all the pistols are made with five charges ina cylinder; the cylinder of the largest pistol is 2} inches in diamater; in making these pistols you must double your power if you double the size of your bail; in case of using acap, the force ceases to act on the ball as seonas the ball escapesfrom the barrel; this is the largest ball—masket ball used for government service, it is 5.3ths of an inch. The English have used a ball fourteen to « pound, but tho-e are exploded. ‘The ha'f ounce bail is ex- actly halfan inch in diameter. The ball forthe larg. est pistol is 80 to the pound; it is about 5-léihs of an inch ; the next size i-9 32 parts of am inch; the smallest is exactly aquarter of an inch. (Several other experiments were made, with the same effect as before ) By the Court—It is impo: e for a ball to pene- trate the head from one of these pistols, even if the pistol be held close to his head,if only a cap be boty Never madea pistol with a bundle of bar- rels. Several other questions were usked about air guns, but they elicited nothing. Dr. Davin L. RopceErs examined—Is a professor of surgery; been practising surgeon for 15 years. My attention often called tothe character of wounds onthe head. Ifa ball breaks in the bone of the tkull, the opening or the hole is less than tae size of the ball—as a general rule, owing to the velocity of the ball and the yielding of the parts. j Adjourned for an hour. } Afcernoon Session. By. Zapniskte examined —Is a regular physician; /was agent of the Patent Arms Company for fifteen 5 tried all the Colt’s pistols at least tens of thousand times; often with a,double charge of per. uta distance of thirt feet, 0 as tomake it stick in a soft pine-board; should say it was utterly impossible ‘or a ball so ‘ith a cap, to gothrougha man’s skull; quite impossible. Cross-eramined —One of the great objections to the repeating arms, is, that it makes a elear, sharp, ringing sound, when fired with powder, more than any other kind of fire arms; a ball fired from one of these pistols, with a small portion of powder, ight be made to penetrate a man’s skull, bat I think it highly improbable; tke force would be less at two feet than at twenty feet. Here Wuittna proposed to introduce the scull of Mr. Adams. Dr Gitman recalled—This afternoon the coffin of Mr. Adams was taken out of the grave yard ; the head was detached from the body; the cavity of the skull was examined; there was no foreign substance there; we examined that hole on the left side of the head; my little finger passed Ta up to the second joint; the variation of the hole from a circle was about 1 1-24th of an inch; the an- terior table of the bone was depressed about onc- twelfth of an inch, and on the interior table ofthe bone at this roundhole en the opposite side there is ascaling off. Itis inconceivablete me how that hole was produced. Cross-examined—1 can conceive that it was pos- sible this hole in the head was made by a nail in the box, and by the body grating or moving against Gs ni Wartixc—The nail might have been driven into the head, as it was driven into the box; and the hole might have been ground out larger and larger as the body moved. The edges of the hole were slightly ragged. My opinion has been changed about that round hole being made with a bullet; that hole is not such a ele as a bullet would make. J-now consider it highly improbable that that round hole was made with g ball, because if it had been done by a ball, it must have been done at a very acute angle, owing to the form which that depression assumed, aud a ball so striking a skull would glance off. A hatehet head, the head of which was no larger than that hole, would make jast such a hole. A poker with the end turned at right angles ht make just le. Cross-ezamined —(He examines the holes in the pine-board made with Colt’s pistols.) The force that was used to rake these holes would not cause @ bali to penetrate the skull of any man; I am posi- tive of that. Dr. Rocens exumined.—Large portions of the skull may be driver in, and yet the person retain sensibility; I knew a man whose frontal bones were driven in, and yet the by a fall ofa block fromthe m: retain his yi l that box, and the IMtle Irishman described to how Mr. Adams was lying in the box ; he put hi head where he said Mr. Adam’s head lay ia the box: his head then lay against the side of the bo: just against u large nail that projected an inch with- in the box ; the nail was nine inches from the top, and twelve frem the bottom: as the head lay,a nail might be driven into the head, and ifthe head moved ater that, it work on that nail, and the hole would become larger: this hatchet, (hatchet pro- duced,) if applied onthe plat side might produce such a wound as describe: thi head of Adams. By a Junon.—In both cases where the skull of a mun was driven in, both persons retained their sen- sibility. : Cross-Examined. If the medulla oblongata is re- moved,it will produce death ther parts of the brain may be removed and the man may live.— If aman received such an injury as this on the fron- tal part, and retained his ity, he would have the power to ery out. By the Court. Ifa man was struck such a blow and yet retained his cular powers, might have not have been able to cry out. Injuries of some parts of the brain affect the voice more than other parts, and prevent the person from ma- king anoise. Military works state that nearly half the hemisphere of the braia bas been cut off by a sa- bre wound, and yet the man retained his sensibili- H a work, rry’s work, and Thom- man at the battle in his head and lived, work or Sinplanation, men- tions this.t It occurred at the battle of Waterloo ; Thomson js a standard work. The District ArtorNey here examined Doetor Ropoens very minutely about bow the man acted who showed him how Adams laid; but elicited no- new. By Setprx. A blow from a ball sufficient to ace that indentation in t! joards, could juce a fractare in a scull. m- H. Tomson examined. Went to Colt’s room te look through keyhole to see the angle of the vision obtainable there—made a diagram of it. In looking through the keyhole, the eye strikes the floor at a distance of five Feet from the door. Here the witness produced ad Court ordered him to explain it to the Jury. Dr. Benrorp examined —Been a practisin physi- since 1829; ifthe frontal bone be broken in, spe n of life does not immediately or necer- arily follow Very extensive fractutes of the head and loss of portions of brain have taken place, and yet sensibiliry remain. By the Covrt—A man might receive h an ine jury as Adi is said tohave done on the head, have re! muscalar power to hold his grasp as ifhe had one, and yet his voice might have Teen affeeted or lost. By Wuitine—Sucha blow as Adams received on the forehead might have been given by a man lying on his baek; this hatehet used on the flat side might have prodacedall the fractures represented ve been fo: he head of ram, and the Crvq ano Cowxry or New York, ss :—Lyman W, Ran. som, a witness, produced, sworn and examined de bene esse, in the above cause, bein daly sworn deposes and says as follows :—I reside at Brooklyn, am of the oceupa- tion of a merchant andjof the age of 31 years. I am ghout to take my departure from this State on or before Mon- day next, and to sail in the brig Atlantic for Havana, in Cuba; f expect to be absent in the West ([ndies until next Spring. | was acquainted with Samuel Adams, priater, late of the city of New York, doing business at the corner of Gold and Aun streets, and had known him for two yearsor thereabouts. | have had dealings with said Adams at diiferenttimes ; he has done priating for meat different times; he printed abook forme, and has done jobbing work of different kinds for me such as hand bills, ciraulars, ¢c.; the whole work done would a- mownt probably to filteen hundred dollars, Adams held a note of mine for one hundred and eleven dollars, being forthe balance due him, which fell due about the last day of August. About a week before that note fell due I calied upon Adams, and cold him that I wanted him to renew the note until I got the return from sales of books, &c , which were about to be sold at the trade sale red to pu oks in his (Adam's) naine ; he was rather ab id I wanted to cheat him, or words to that effect ; 1found that he was not willing to renew the note and [lefthim, He called upon me a few day? afterwards and I told him tha: I had entered the books in the trade sale, that he should have his note or the amount out of the first avails. Before the trade sale took place I saw him a third time, and offered him a gold watch on account of the note at one hundred dollars ; he finally agreed to take iton account of the note at eighty five dollars; { delivered it to him, and gave hima bue dill, payable in goods, for the balance of the note. This last meeting could not have been more than two Wweeksprior tothe disappearance of Adams. it was a day fore the trade sale of books by Bangs, Richard ortwo ds and Platt, in this city, which was, as I best recollect, about the twenty-fitth of Angust. The watch was a gold watch ; the maker’s name | think was Johnson, | do not recollect the number; it had au engraving on the back resembling the Capitol at Washington ; it was a single cased watch, thut is, there was no case that could be taken off; Ithalagold dial plate, but no metalic plate over the glass. It was a middling sized gentleman’s watch. ‘The watch now being taken froma sealed en- velope or enclosure and shown to the witness, he says: 1 believe that to be the watch, although upon opening it I find the maker’sname to be Robinson, and the engraving on the back may or may not be intended for the Capitol. Probably it is intended for some other building. I car- ried it only three or four days, and purchased it trom one Amasa Brainard in conjunction with one Charles H. Post. Tho small key now attached to it by astring was not with it when [let Adams e it. I saw Adams a tew da: after the meeting in which I let him have watch. I met him in Water street,—I should not thi it was more than a week af- ter. | dont remember how the conversation was breught about, but he mentioned that he might have sold that watch for ninety-five dollays the day before. [asked him why he didnot sell it? He said the person who wished to buy it had offered him a note, and that he took time to asc whether it way good or not; he foand that it was good, and went back to thefperson, who then flew from his ba: iu. Adams seemed to be well satis- fied with the watch, andI understood him to say, that ome person had it on trivl. | never saw him after that, to have any conversation with him. On being asked what was the characterof Adama, as amen of mild or irritable temper in matters fof busi- ness? He answered—I considered him rether irritable inthe dealings I had with him. In the second interview Thad with him as above, he apologised to me for the language he had made use of to me in the first. Being cross examined, the deponent says, the reason why Adams said I wanted to cheat him’ was, that the note spoken of had been renewed once before, and Adams seemed to think that the request fora second re- newal wasa mere pretext; that I wanted to put him off. He said that he wanted the money, and [told him that I could not promiae it till after the trade sale; that | could See no prospect of paying it till then, but that then he should have it, At different times in my intercourse with him, I found him rather abusive. Idonot remem- ber axy partieular instance until the first renewal of the note. I then tet very mnch hurt by his conduct;— boththis manner and his language. On being aske “what do you mean by saying he was abusive? itanything more than a natural irritability o! appointed in the receipt of money 7” He thlak it w ; that was iny impression at the time; aaid he thought every body was trying to cheat him. BDirect examination resumed—In all the interviews 1 had with Adams, he stated that he was very much in wantof money, andcould not pay hishands,&c. When T let Adams have the watch, it had no chain or string of any kind attached to it; I had carried st in my pockct for three or four days in that ” ne he d) L. W. RANSOM. Sworn before me this 17th day ? of November, 1841. 5 Joven St20NG, Commissioner of Deeds- Vicror Beckeneramined—(A lad about 15 years old )—Lived at No, 3 Murray street, from May i840, to May 1$11; Mr. Colt had a room there after we left; we au old awning up in the garret. The awning found in the box with Adams’ ly was the awning we deft there. I’ve examined it, and know it by the marks on it; my father ocenpied one of the rooms which Mr. Colt occupied afier my father left. : Cross-ecamined—Know the awning by two pieces of eloth that were sowed on toit to fine it; they had “ready made linen” cut off, and the two ends of those pieces were left round the repe and arethere now. I saw the awn- ingin the Tombs. My father bought the awniog we Mr. Pettis SHOrsays we never had the awning whitewashed; helped my father to cut those pieces ff, and put the awning up, he did not knovrit better than I did; I saw the awning there the 1-t of July, 1841; my father went afer it on the 2d of July, and theawning was gone; it was one year old when we got it; rather dark eolored; my father paid $18; we used at three months; it was at- tached by iron rings to the house; there was a rope all round it; the rope on the side was the strongest and thickest; my father for France last Satarday. My father saw the awning too. | went to the Tombs to see it three weeks ago. M, Cravson examined—Know John C. Colt. Knows him since last May; he lived at No. 3 Murry street at that time. Mr. Beeker, atailor, had the honse before; 1 hai| an office on the second floor; Colt hada room there; | saw him every day more or less; 1 was in his room half-a-dozen times. All I noticed part f:ularly was two or three chairs and a box; the bx was a common packing box, three or four feet long, and two feet wide or more. He used to stop into my room most every morning, to see if the postman left any letters there for him Don’t remember seeing apailthere. Saw anawn- ing in the garret of that Lele He came into my room one morning the end of May, 1841, and showed Mr. atchet he had been buying. Cross Examined —It was anew hatchet. He @aid it was a handy thing to have ina room. Thesame way | suppose as any one would have a hatchet in his room; it’s handy and useful to split fire-wood, and so on, many 1! ‘he He went away the 1-t sa James of August. One time | saw books and papers in his box, put in carelessly. A good many peop'e called there for him. | didn’t see the awning moved away ed up-t e the latter end of July that the awning was missed. I think he took the hatchet up to his room. Mr. Lee lives at the corner of Murray-street and Broadway. Joan M. Lee examined. Kaews John C. Colt. 1 lived at3 Murray street last May; am an engraver. Mr. Colt moved in there in May. I saw Colt fre- ed 'e received letters I sewa bor, tableand g and fixing his ed proof sheets san old build- it Aug.; he; in that building. | chairs in that work on “ Book-keeping.” for him, ve them to hi ing. I moved out soon after th Isawan old awning up stail tl thought it was aneid worthl rg 3 and of ver little use. The people who left it had moved all their other things away and left that, as | thought, because it was good for nothing. One be ira, 9 be showed me a hatchet he had bought— Ao have in an office—to , and soon. Before 3and I’ve bo ry common thing to in office for many little purpo —I have a hatchet and a box in my office. Both he and I had permission to remain in that building till some one person hired the whole b He and T both moved out near about t ina box into that building; it had aco- was at his roomat the granite buil once or (wicejabout two we there. | recommended Mr Colt to go room of Mr. Wheel ee to look rou id that room iw the granite buildings to see if the awning or the hatchet wasthere. Can’t say whether the box was cleeted up ornot. Bo Setvon—Colt “open in? seoha to bea very straightforward, mild, and gentlemanly man in his conduct to me. He always conducted himself in a very correct manner. By W urtixc—Didn’t know where he slept, nor any of the people who called to see him, None but males cal *) there to see him [ A Mr. Girard used to bet mi have tald me where he bought the hatchet \y SeiLpex—Now lives corner of Broadway and Murray st’ The noise of carts und carriages there is s0 great that I eaa’t hearmy customers speak to me, unless they come close up to me. When they s to me at one end of the room I can’t hear t and am obliged to beckon them close up to me before I could hearthem. Amtaking lessons of Mr. Wheeler. Have o' his m—some- times it is difficult to hear. Craus W. Fixup exomined—I am engaged in the paper —have at differeat times sold paper to Nr. Colt Ss, and we have two entries of paper soidty him — it was tor “Colt’s Book-keeping ” He ordered the paper the 27th of July. We had not the right size by usth ordered itexpressly for him. He gove his s as No. 3, Murray street. The papes was received by us in the beginning of August. The entry was—* Ordered 10 John C. Colt 36 reams of news psper: to weigh 26lbs. at 13 cents per lb. . one halt cash—one half good note.” As soon asthe paper came, we seut to Mr, Colt, and were told he had moved to Chambers street : soon after this, Mr. Adams called on us, with a letter from Mr. Colt, written in Boston, saying that be had been sick, and requested us to deliver him (Ad- ams) the paper: and if we objected we might go to Mr. Colt’s brother, and he would pay us or make it all right ; this was on the 12th of August : Mr. Ad- ams saidthat Mr, Colt had always pard him ; and he thought it would be safe to deliver him the paper: sol Tet him have the r; he promising that Colt should see to it : I delivered him ten reams of aper: the balance was by mistake shipped at Fectfora on board of a sloop instead ofa steainboat: and it did not arrive here till the 23d of August : | left the mill on the 6th of August: Mr. Adams call- ed repeatedly and said he could not ge) the book out in time the New York trade sale: onthe 26th of August Colt called and said that the paper had been delayed so long, that the book would not be got out by the New York trade sale : | told him [thought it could : he went to see Adams and came backand said that Adams said it could not be got out : | wanted to know what was to be done with the balance of the paper ; it was an odd size: he said he'd take it, if I'd give him time on it, to get the book out for the Philadelphia trade sale : he w: xious to get the proceeds from that sale, te pi I did not consider him bound to take the balance of the paper : from what he had said in the store and what Adams said, | thought his note good for the amount ; the paper was weighed and the whole amounted to $121 65 with the ten reams: Itook his note for it at 3 months; it was discounted: protested and took it up. Mr. Colt requested me to deliver the paper to Mr. Adams, which I did, and took his receipt for it, and here it is: [Receipt produced ] I know Adam’s handwriting. Have seen it several times. [Another receipt shown. ]— This last is inthe Benger Hg of Samuel Adams. [Receipt read ] “ Received of B W. Foster & Co. the stereotype plates of Colt’s Book-keeping, which are subject to his order. Samvuet ApaMs. s—These trade sales are deemed very important. Booksellers come from all parts of the country to attend them; Mr. Colt always behaved very gentlemanly and mild as I saw; never saw him excited, although he was se disappointed. He always acted in our store as if he was a back- ward or diffident man rather than otherwise; not so ard to express his opinions as some people; y; understood those plates were Cross-examined— Delivered the 10 reams to Adams on his saying that he would not let the books go till ’d seen Mr. Colt. J did not look to Mr. Adams for thepayment of the paper. I told Adams that Colt had given us his note for the whole of the paper. As far av | know his temper was mild and good; have never heard any thing against By Secprx—I never held Ad I showed him Colt’s note; I coi nal understanding between him and me at au end, and I cupposedthat he did Avam W. Spies examined—I’m a hardware mer- chant My sale has been, very much directed to various kinds of arms. l’ve seen the revolving arms. Have one in my pocket, (produced one of Allen’s revolving pistols with six barrels) All the barrels in this revolve. Have seen air-guns. The uiris condensed by a force-pump into a metal cvlinder. The balls are usually very email; 100 to 200 tof the pound—a little smaller than a buckshot. ‘The eap ia Allen istol it right angles with the barrel; the nipple top. The cylinder to ‘gun isin the shape of a pear; the size is S inches by 6 inche: Cross Examined—Have tried to discharge a bali witha bare cap, with Allen’s pistol, but it will scarcely throw a ball out of the barrel. The caps used this morning are the best that are used. ‘There are caps made that will throw a hall through an are inch board and kill a man; but they made large made large to fit muskets; no such caps are made to fit istols. They could not be used in Colt’s pistols. If double the charge of purcussion powder was used in Coli’s pistol, it would not increase the force vith which the bnil would be thrown. Cuantes F. Porn examined—Resides at Hart- ford—knew Colt when he was young. He was a nstive of Hartford. Knewhim from lv to 16 years of age. He was always perfectly kind and well- disposed. Cross-eramined =! live on my farm near Hartford. Mr. Colt is about 33 years of age. Never heard that Colt had besn in the army. Dr.Rocens reealler—I have recently examined the Wounds in the head of Adams [his skull having bean produced]. I feel satisfied that that hole in the 4eft side of the head was inflicted with the sharp edge of ahatchet Wurrtxe directed the skull te be brought into court. aj Die skull of Adams was then brought into court. The head of the hutchet fitted the indentation on the side of the head—the edge or corner of the hatchet fitted the oval hole on the left side, and all the front part of the head was beaten in. The jaw boue was not there. It was very ev! that all the blows on the head were done witha hatchet. Dr. Rogers showed the skull and the hatched to the dary andexplained tothem howthe left hole could have been produced by the hatchet. He said that without doubt the hammer head of that hatchet produced the fracture ov indentation of the skull on the right side ; and that the edge or cor- ner of that hatchet produced t:e left hole—this ieee near the top of the head, and not on the side. Dr. Arncnenr was ecamined. That skull was taken frem the coffin of Samuel Adams this afternoon. I can’t conceive how the hole on the left side could have been done with the edge of the hatchet. Dr. Morr eramined,—Has examined the head. I think the small hole might have been | ake by the hatchet: I’m satisfied that that hatchet produced that hole; and, that the blow was given from the front. Itis different from any gun shot wound I ever saw. Probably that wound (dent) on the right side of the head was done by the head of thi: hh think this wound in front was done b: P’ve seen men walk and have th fourth of their scull knocked away ; pe: have greater wounds on the head than thi: et have their senses and walk; and would be sensible whilst an operation was being performed upon them. Noman would undertake to say that the in- jeri ia the front of this scull were given with a single blow. They must have been done several blows. It’s difficult to say how the persons stood when he gave the wound on the right side of the hea iy ury produces death. Jn this case either of the wounds on the right or left side of the scull might have produced death. It is alwaye diffi- cult to tell what effect te by produced by a par- ticular kind of wound on the head. After some little further examination of the seull and the hatehet to the same effect, the Court adjourned. ; 4 Uolt was greatly affected during the exhibition of the scull. General Sessions, Before His Honor the Recorder, Judges J.ynch and Noah, and Aldermen Timpson and lunes. Jan. 2%—Case of John De Groot.—The argu- meat in this case to obtain leave to withdraw the plea of not guilty, and enter a demurrer to the in- dictment, was heard. Mesers. Cutting and Chase appeared for defendant, and Messrs. Wheeler and Phillips for prosecution. The Court then adjourned for the remainder of the term. — Before Judge Noah, and [ones and Timpson. Jan. 25.—Mary Brophy, for stealing a muff worth $6, from George B. Alvord, was found guilty, but judgment suspended and she was discharged, Peter G. Edwards, colored, for stealing a box of sperm candles from David L. Sayre, was found guilty but judgment suspended. Samuel Henshaw, colored, for an assault and battery on Willians A. Miller,also colored, was found guiliy, but judgment was sue pended on hispromize togo to sea. Henrietta Ja son, colored w ny was d guilty of stabbing a man named Joseph Johnson, also eolored, and sent to the Penitentiary for sixty days Charles Smith a boy, Was found guilty of stealing, ix paiis‘of mit teng from the store of Messrs. Varrells, No. 236 Division street, sent to the House of Refuge. Jane Morris, alias Johnson, was found guilty of stealing a pair of shoes from the store of Messrs. Knox & Co., corner of Hudson and Canal. streets, was seat back to prison for) days William A. Marshall, charged with assault and buttery, ana Oatharine Murray, with a petit larceny, were discharged, as 00 witnesses appeared against them. ‘The Court then adjoumed to Friday next, at 10 o'clock. Price Pwo Cents CMY Anletigence, Tur Yours Mzx'’s Democratic Republican Coim- mittee meet at Tammeny Hall this evening officers for the present year. Perry Tureves.—A woman named trick was arrested and committed yesterdiy nga tloor rug, some muslin and other artie|+ froin $7 to $8, from Richard Bent, No. 145 Wich street to Ci » Worth ; A Danky Gammnina HOUSE BROKEX CP-—A garnl) ¢ house, kept at No. 23 Laurens street, by 4 colwr- eae ed Jas. Cantine, was entered a few days W, ny Captain Tavis of the Third District atch, and officers Smith, T. M. Tompicins, and Hoostin, ard 13 of the colored sporting dark ies jaken to the police office and bound over. WED WITHOUT A PuysicsAN.—A , named Samuel 1). Hart, who ended at Nor is Goerck street,and who had been sick with 9 dgease of the lungs for two years past, died yesterday noon, and not having the ‘aid of a physician, the corener was called in to bury hit. ‘i Mone or Serexce.—A colored man pnb who has resided at street, was taken sick a few days since wi throat, and eventually obtained the aid Pe dir man, known by the cognomen of “the Indian doc- tor, of Hast Broadway.” He gave him something to gargle his throat with, bat whether death had al- ready selected him for a subject, or the prescriptien named 290, Madison- of the dector contained death, we know aot. He died, however, immeaiately ‘atier using it. The coroner made a fuil investigation of the ease, but was unable to ascertain any thing that would lead to the guilt ef “the Indian Doctor, of East Broadway.” Verdiet, “* died from inflammatory sore throat.’” Tue Last arremer ro Comarr Murper.—A maw named John Ccady, a tailor by trade, of No. 11 Ba- tavia street, on the death of his wife a few weeks since, made a present of a portion of her clothing to the wile of Christopher Ridney, of No. 31 Mulberry street. On Monday last, having a littie of the Ln- dian characteristic in his disposition, he repaired to the house of Ridney aad requested a return of the articles he had presented her. He was requested to call at another time, when he became greatly exas erated, and threatened to have ihe articles or blood. ‘ords ensuing, he immediately drew a leaded pis- tol from his pocket, placed it at the breast of Rid- ney, and pulled the trigger, but it flashed in the pan, and Ridney ran down stairs to obtain. assistance. He found two of the city watch, and on returning they seized him, aided by Coady, and attempted to force him down stairs. In the meantime Coady had reprimed the pistol, and as he was passing down the steps, he again attempted to fire it at Ridney, but it fortunately missed fire, and his life was thus pre- served. The villain was taken to the police office, and on withdrawing the charge of the pistol, it was found te be well loaded with powder and buckshot ile has been fully committed, and unless taken into the Special Sessions will get his deserts. , THe taresr case or Bruracery.—The residents in the vicinity of 246 ‘hird street, were reatly ex cited a few days since by a report that iid had been killed by @ Dutch midwite in the act of being born. The Coroner was called, and after a full and close enquiry, it was ascertained that the wife of Leonard Schatler, at No. 246 Third,street, while in child-birth, had obtained the services of & woman named Charlotte Shuman, of 117 Pitt street, through whose ignorance the child was killed as is supposed The jury returned a verdict of “death shtetgh mis- inangement of midwife proceeding from ignorance. It should have been “bloody murder with intent to kill two persons.” Domes av THE Coxoner’s Orricx.—The queer notices sent to the office of the Coroner for his at- tendance to cases of sudden death, are sometimes so ludicrous as to create a smile. Stepping in yes- tetdey, morning we found the following notice on his able. . cheater | copy ob 18 Georck street, rear asement, dyed without havin, Si to be buried this afternoon.” oe oe Seatous Accipent.—A son of Mr, Oakley, of Brooklyn, a youth about ten years of age, was run over by an omnibus yesterday morning, while croas- ing the street corner of Beaver and Broadway.— The wheels pessed immediately over the boy, who pe toon killed. Dr. Johnson Rabineau, of une er being sent for, pronounced the injury not fata He is expected to recover. Court Calendar—This Day Covnt oF Common Piras, 10 o'clock, A.M., before Judge Lugraham—Nos. 121, 5,6, 127, 135, 136, 13, 90, 187 189, 14], 144,147, 149, 55, 57, 69, 63.—Part a4 o’cloek, Pp M., before Judge Ulehoeifer—Nos- 60, 67,84, 86, 92,96 14,'80 308, 310, 93, 100, 102. 104, 108. r Cincurr Cousr—The adjowrned Circuit has been fur ther postponed to Monday. Foreign Items. At Vienna, on the 8th ult. Mendelssohn's St. Paul was performed by a vocal and instrumental orches- tra of one thousand and seventy-two persons. It wasto continue for three days ; the receipts to be employed in erecting monuments to Haydn, Gluck, Mozart, and Beethoven. It is said that the Queen has specially requested that Mr. Young will again make his eppearance on the boards of the theatre, and that he will very shortly go through the round of his principal cha- |. racters Mr. Lumley, the new director of Her Majesty's theatre, bas arrived at Milan, accompanied by Sig- nor Puzzi, forthe purpose of making engagements for the ensuing season,’ which, accerding to pre- sent arrangements, will commeace the first week in March. Mise Ketuy.—It appears this favorite actrese has not left tor America, as stated in several of the newspapers, nor has she any intention to do so. Resvitpine or Asriey’s Taeatan — Yesterday, a great many workmen commenced pulling down the remains of the late Astley’s theatre. The new one, itis said, willbe ready for opening on Easter Mon- day next. It is believed that Mr. Bishop will be appointed to the musical chair at Edinburgh. The place is worth about £300a year. - A fragment of a letter, written by the Rev. Chas. Wolfe, dated September, 1516, has just been dieco- vered, which completely proves his title to the au- thorship of the beautiful lines on the deaih of Sir John Moore. The “ meteor nights” of November have not dis- played any remarkable phenomena this year. 0 Saturday se’nnight twenty-five were seen, and on Sunday twelve. Ot these, one of whicn appeared in Ursa Major was as brilliant as Venus, and ehot from north to south. Shortly after there appeared an auroral arch. / Since the Frenoh revolution of July (a period of eleven years and four months) the King of the French has had nineteen cabinets. By the Code Napoleon, no person can be incarce- rated for debt in France, alter tie age of 60, a law which is still in force. Lerrers FROM Evrore.—The Britannia brought fully 25,000 letters, the postage on which amount» 9 about $7000. The uumber of letters for New was 8000, on h the post. amounted to hiladel oe sn e $550; Baltimore ,? a tage yO5 ; tage $18), Mobile 320, postage 500, postage $450. Ciurmmate or Caxapa —The weather during the night of the 12th, and on the morning of the 13th, became more severe than had previously been ¢x- perienced this winter. The degree of cold indi- cated by more than one thermometor near the North glacis of the Cape,was ro,and in other more exposed situations we learn that the mercury sank as low as 28 below Yesterday the wind came round to the Nort and continued in that point duringthe day,with oe- casional flarries of snow, a light fall of which oc- eurred during the night —Quebec Mercury. Correscy tx Casap, —We understand thai the Crown Lawyershave given their opinion that the French and English half crowns and crowns area legaltender at 26.94. and 53.64. They will accordingly be received at these rates by the pab- lie departments.— (Quebec Gozett, 14th inet. Curious Canco—The Zotoff, which sailed on Saturday for Ponce, Porto Rico, carried out adwel- ling house, for one of the dignataries of the island, ull fitted for setting up. New Juvoes is Vinarsta.-—Jodge Win Wo Oa- bell bas been elected by the Legisiature President the Court of Appeals, to supply the vaganey ee ed by the resignation of Judge Henry St. George ocker. And Thomas H. Bayly, Eq» delegate from tiie county ef Accomack, has been elected by the be. gisiature a Jadge of the General Oourt, to sapply the pines of Juage Upshar, resigned Crw,n Dave ts Omio.—A correspondent of the Cineinnati Gazette states that there were one hundred and sixty-seven clear dat in 1841. In the course of a day or two, we s p- lish a table, giving an interesting aceoust of the: weather for the last five years,