The New York Herald Newspaper, January 28, 1842, Page 1

THE NEW YORK HERALD. Vel. VII.—Ro. 314.-—-Whole Ne, 1983. COLT’S TRIAL. Gourt of Oyer and Terminer. Jover Kent, Parspac- Taeutn Day—Tuvaspar, Jan. 27. Clese of the Testimony—The Snmming up Commenced, by Messrs. Emmett and Smith, This tedious, exciting, and Tatanesting trial is just on the eve of closing. This day (Lhursday) ‘was the day fixed for the Locman | of the testimony, and it was closed about 20’clock P. M. ’ ‘The excitement in and around the City Hall this morning was greaterthan ever; and hundreds were erp to obtain adm 0 a8 Soe he 8 o’clock. ti ervelt, rangements which he has made throughout this trial to preserve order, and to keep the avenues to the Court room ea-y of access. We are also indedted to the Crier of the Court, Mr. Hitchcock, for the facilities which be has unifo. mly afforded them du. the trial. The whole of this, we presume, is owing to having such a man as Judge Kent as the raling power of this Court. On the meeting of the Court, at 10 cloock, it ap- peared that there had been a misunderstanding as to the arrangements of the night before, about ex- i None of the prisoner’s coun- ill, were present. Tne Court said that the arrangement was, that the Court should meet at 10 o’ciock, examine all the witneszes, then adjourn for an hour, and on returning the counsel were to commence summing up. Mr. Morrid tho the recess was to befrom 10to 11. Finally, the tt decided to adjuurn till 11 o’clock, and did 20 adjo Colt looked jaded and worn down with anxiety. At ut twenty utes to twelve o’clock, the Jast jaror returaed Court. Immediately after their names had bern called, Mr. Exmerr rose and said—If the Court please, 1 wish to make a few remarks relative a state. of the papers, wherein it is said that ourse of my remarks yesterday, y mad: M.De La Forest, the Frencn Co that was disrespectful. with any such meaning; and I wish to explai I did say, and if it be considered disrespectful, I shall certaialy retract it. What I intended to say was this: that if Mr. De La Forest had been de- ceived by the experiments made on board the Belle Poule, it was a matter of no gonsequence to the de- fence; and one which they had nothing todo with. Inever meantte say that Mr. De La Forest had made a fool of himself; but what I meant tosay was this, that Mr. De La Forest might have been made a fool of by, the experiments themselves, or by what was stated as the results ofthe experiments. Mr. De La Forest is the last man on whom I would, for an instant, attempt to cast a shade of repreach; aad it ie my uniform desire, as it is my habit, never to utter anything either in Court or out of Court, that oan offend any one, and least of all, would I do so to Mr. De La Forest. Judge Kunt.—That explanation, sir, 1 have no doubt, will be considered as perfectly satisfactory to Mr. De La Fore: Mr. Wartrne smiled, and then called his next 8. Soton \Mumrareys ¢ramined —Is book-keeper tothe Patent Arms Company forsale of Colt’ , &c.; was on board the Belle Poule wit! pee de Joinville at the time the experiments were made, alluded to by Mr. De La Forest; I put the charge in the pistol with which those experi- ments were made; I at no time there put any thing but a ball in the barrel, with only a percussiun ca; enthe nipple during those experiments; the ball tons driven at least one hundred and fifiy feet bythe jit ee light indentation in the board it » & —Must not the ball be rammed home, i Es it must, or it will not be thrown out it was an oak board, I think, i experiments with that pistol at shorter at ten 8; we fired one ball aguins! ig beard; it chere madca slight indentation; | did not see it Gred against any b: a te cid deo at a ai ry wéer in the , and ther avi geet: a book; the ball went into the book and stack there. Exmerr.—A small quantity of powder in- creases the effect, but the noise of the;report is also greatly increased ;-I should say that with only @ cap, aball would break e or four leaves of paper in a book at ten fect distance. . Eumetr.—That’s ail, sir, Mr. Wartine called John Eutens.—lIs the treasurer of Patent Arms Ce. Have often made experiments with “ Golt’s iatols.” One of them will throw a ball from 50 to feet, by the aid of a percussion cap alone, with- out any powder. A mark is left upona board b firing with only a cap,at 135 feet distance. ‘The bal must be properly rammed home, or it will not be thrown far. Whutixc.—Does it make a difference, sir, wheth- er the cap be put on before or a‘ter the ball is put in Witness —It does. Count.—Ata distance of 3 or 4 fect, would a ball be driven through a haman scull from one of these pistols, by the use of a cap alone. ee ee it would not. mitrnG —Have you ever fired i ai our hand, sit? z remit Wirerss.—I have not. Wirxsss.—By using a very sniell quantity of powder with one of these pisiols, a bali would be driven through a half inch board—say at 10 or 12 feet distan: saree ¥ ap ee seen reussion caps ie de| ol it it - pot e best quality that can be ‘Witness —They ar " Jud; oes the addition of a small quan- pe grow jer greatly increase the noise of the re- honors please. JudgeKext Go on, gentlemen, with the defence. Eumetr—Mr. Selden, if your honors please, is en, = at this moment 7 nl seid of some con- siderable importance 10 thedefence. 1 would ask the indal; ease of the Court ‘jill he returns. Judge Kexr—Ceriainly,sir; the Court is desirous of doing all it can to aceommodate you. Tea short time Mr. Seipex came in and called— Joux W. Epmoxps—Knew Adams in 1933; transacted business with him. Scatchard & Adams printed for me; proofs were often brought to my office by Ad from seeing him in relation to i@ men up on account of that; but not do more than to scold them. Had no conversation with him at his printing office hh eg then called— AGE Simmoxps—Js a printer; knew — eight years; saw him very often; neversaw get into a rage; always thoucht him a mild 3 to the contrary. Have seen neces we to Fe gonctes m av eavy lors he met with—he didn’t seem excited about it. I met him in Chasmbers street the day he was murdered; it was be- tween twelve and one, I think. He didn’t seem to tnder any excitement then. About a week before b me his watch: pti ty shouldn’t know dida’t look at it par- itagaiu if I was to sce Es metT—Did you ever ow: ’ Wersres—Noy si. e Adams any money? Emmett —Did he want you to i wateb? y purchase his itaxss—He asked me if 1 wished to it. Mr. Sxtpen called be Ricuanp Coanwatt—Had one business transac- tioa with Adams. | agreed with Scatchard to have some Qrinting done for thirty dollars. Adams soon oe brought abe bill forjthirty dollars I to pay it, as being contrary to my contract with Mr. Beatchard. Me suid the bill was right that there was no such contract made as stated. I insisted that there was, and he then called mea liar. mitine—Called you a liar,} Wrrxess—Called me a or told me I lied. Wurrtxe—What did y then, sir? Wirnrss—I opened the door and told him to Wartiwe—Did hes offer any po tetotacl ‘269.—No; he went out quietly—but gru bled 2 good deal, and said he'd rae ogni Seatehard admitted having ; did‘ut cay be had told Adams of it. ight have — Sg Ain ey a lie; vomngert Wurrinc,—That’s ‘vir. eee NEW YORK, At this stage of the proceedings another very cu- riousscene took place in Court. Neither more tess than that part of the clothes worn by the dead men ‘Adams at the time of his death; and some keys, a pencil case, and some moneythat he had in his pockets when he was killed, were brought into Court. This created considerable sensation. {t appears that Colt, three days after his arrest, told Mr. Emmett that he bad thrown the hat, shoes, stockings, pan- taloous and vest, &c. of Adams, down the privy in Chambers street. The Mayor had the centents of that privy raked, but could find nothing. On Tues- ba night Mr. Selden had the contents of the same pr Mi taken out in barrels, and examined. And the result was, the finding of all the things connected with the murder—all the clothes of the dead man, except the coat and stock—Coli’s bloody shi towels, &c. &c. &c. in that privy street. Mr. Buixxennorr, who had been examined be- fore and brought into Court, but whose examin: tion was suspended, was now proposed by Mr. Sel- den, to be further examined. ‘hey Mr. Wuuitine did not seem very willing. ly, however, Mr. Brixkeauorr was recalled, Mr. Brinkerhoff, we wish you to state, manner you examined the contents of Chambers street, when you examined irection of the Mayor. ion was made by letting by ropes; he took a contents ofthe privy aman down into the priv: rake with him, and raked t! Seipen.— Now, sir, did you at any time since ifen, and if so, when, examine the contents of that sink over again ; and if you did, go on and state what you discovered there. Wityess.—We examined it again last Sunday night. We took out the contents in tubs, and ex- amined it. We first of all found clothes, then tewels, and pieces of towels ; and these we put in atub by themselves. We found a bundle besides, and in the bundle was a pair of shoes ; but we did’nt examine the bundle then. These we put all ina tub, and carried them up to the Egyptian Tombs. {ataid there with them till next morning, and then 1 sent an officer to find Mr. Whiting or Mr. Sel- den. Iwanted to get a cart, and put the tubin a cellar in Nassau street, which was locked, and of which I hadthe key. The bundle was afterwards opened at the factory, and a hat, a pair of shoes, pair of suspenders, pair of pantaloons, part of a shirt, and a vest were found in it. (hese were all Aaams’s clothes, but the shirt.) Seipes,—Is it your belief that that bundle was there when you first examined thpt place ? Wuitine objected Sevpen replied. Wuuitixe.—Very well, then Witness —From the state the bundle“was in, I think it may have been overlooked at the first time the place was examined; I first had an im- pression it was put the: ce; I have now, how- ever, no doubt but that that bundle was there when we first examined the priv: nm of the whole contents has not things were found (Here the witness pencil case, and a half « the privy.) Wrrxese.—I understood that a twe shilling piece had been tound there. Sxipen.—Did not the men consider the money they found there es their own Wauitine objected. The Couasel t! verhauled the keys, half dol- lar, &c. pretty well; so did the court and jury. Wirsess.—I think the pencil had been there some time ; parts of it were ru: the keys, pencil case, and half do! rate trom the bundle Junon.—Was there any thing in the pocket of the pantaloons? Wirarss —No, Ihave told every thing that has been found, so far as we have examined. This halt dollar is stained: only a small part of the con- tents of the privy have been examined : it'll take two days to examine the rest. «Cnas. Decavan.—Would paper or leather be destroyed in getting out the contents? Ed aaa asad might, but not leather, I ir, you cam ask him jing. roduced two keys, a silver lar, that had been found in Were sepa- think. Sunon —Was there any stockings found there! Wirness.—There was. (Here the witness produced a piece of the panta- loons and vest, wisieh created a great commotion in the Court.[g Witsese.—The pantalooxs were gambroon; the vest might have been a yellow; part of the things was found in pouring the contents of the privy into avat. The bundle was tied up with alinen pocket handkerchief; but there was no name on the hana- The depth of the stuff in the privy was Il these things have been washed and e. think they had been in the privy eens onths; can’t tell how long they had been there. Cross-ezamined —We put the contents of this privy in Chambers street, into a clean tub; after- wards we put it upon other matter. Idid not see these things taken out of the privy myself; was told 80 by those who took them out. We fouad the bundle after we feund the other clothes; the teeth of the Take we used the first time was six to eight in jong; I felt satisfied in October, when I ex- amined it, that there was nothing in the privy. We never rakedthe privy over a second time before we removed the contents. We found the clothes buried under the surface—can’t say how far under. Found the bundle under the opening of the third privy, [think. Do not think it was in the same situation when we raked the privy; it might have been moved with the rake; I did’nt rake it myself; theMayor told me,to examine the sink thoroughly to ee if there was anything there; he told me to rake , Ithink; the handkerchief round the bundle was tied ina hard knot; there was only two corners tied; two ends of it were loose; some pait of the articles was exposed, as we could see what they were; the bundle was about an inch beneath the surface ; the rake had been used in that very spot before. { think they opened the bundle in my pre- sence, We first saw the hat; it was cut lengthwise; cud in two places; appeared to be cut in opposite di- rections, with a sharp instrument as well as 1 can judge; can’t say if any piece of the hat had ‘been cut out or not; can’t say if tne cuts were in front. | saw the shirt and vest next. Ithink the vest was folded up; there was nothing in the pock the shirt was tely salurt with bl of t say whether the vest was bloody or not; the suspenders were taken offthe pantaloons, and folded up in them ; the suspenders were whole; can’t say whether they were bleody or not; the pantaloons were torn; the upper part of the shirt was torn completely off. The pantaloons were folded up neatly; the whole of the things seemed to have been packed up as closely as possible; [think that the shoes were at the bottom of the bundle; I don’t think there was any blood on the pautaloons, they told me 1t wasn’t much use to examine, so | didn’t examine the bundle very closely; they found six or seven pieces of cloth out of the bundle in the privy; they might have been whole towels. There were other pieces of cloth—cotton 5 Mr. Secpen—Itis very evident, if your honors please, thatthe public prosecutor seems to think that there was something unfair about this exami- nation. Now I would ask this witness whether Justice Taylor did not send an officer to assist at this examination last Tuesday night, Wirsess - Yes, sir, he did. Setpex—We now propose, sir, to examine Mr. Emmert with regard to what the priscner told him about throwing the clothes and other things be- longing to Mr. Adams down that sink, the same night that Adams was killed. —N ow, sir, | object to this, under all the general rules of law, and of evidence. They now offer one of the prove adeclaration sai prisoner. Mr. Setpew replied briefly as to the law of the case; he said “{ wish to prove that Mr Colt, the prisoner, told Mr, Emmett, a day or two after nis arrest, that he had thrown the bundle into the sink; that in pulling off the pantaloons of Mr. Adams, the keys, pencil case, and half # dollar fell out, that he, Colt, afterwards put those things into his own hat, went down stairs and threw them loose into the privy. And before I knew any thing about this, Mr. Emmett applied to Justice Taylor to have that Bry examined; Justice Taylor told him it should be examined, and I was told after- wards that it had been done; I expected to see these things bronght forward by the prosecution— and it was not till after this trial had commenced that I knew the character of the examination that wy ~_ first made of the contents of that sink. adge Kexr—No declaration of the prisoner bay eer a oon be admitted.” —f wi tl x i J aten eave : he Court to notice the we exr—You had better ie ting, thes, Sir. % reduee it to wri MET, sworn —Week orten days afte jpon- urresl, hed) interview with the Mayors think him 1 wanted the Prisoner examfned ; told wanted his aid ia the examination to risoner’s own counsel to Pio have been made by that these things, |° flection. Atdurk of the evening, and at toc same time someomnibuses were passing. | carefully opened the door, and went out as still as possible, and [thought unheard. I crossed into the Park, and went down from thence to the City Hotel, my purpose being to relate the circumstance to a bro- the: who was stopping at that house, 1 saw him in the front reading room engaged in conversation wit two gentlemen. I spoke to him, a few words pried between us, and seeing that he was engaged, altered my purpose, and returned as far a3 the Park. 1 walked up and down the Park, thinking what was best todo. Many things | thought of ; among others was going to some magistrate and relating the facts to him. Then the horrors of the excitement, a trial, public censure, and false and foul reports, that would be raised by the many who would stand ready to make the best appear worse than the worst, for the sake of a paltry pittance gained to them in the publication of 60 bi truths, and original, false, foul, ca- lumoiating All this, added to my ‘then feelings, w: ore than could be borne. ides, at this time, in addition to the blows given, there would be left the mark or evidence of a rope drawn tight round the neck, which looked too deliberate for any thing like death caused in an affray — Firing the building seemed aifGret ahappy thought, as all would be enveloped in flame and wafted into air and ash Then the danger of causing the death of others (as there were quite a number who sleptin the building,) the de-truction of property, &e., caused me at once to abandon the idea I next thought of having a suitable box made; and have it leaded inside, so that the blood would not run out, and moving it off somewhere and burying it. Then the delay of all this, and the great liability of be- ing detected. After wandering in the Park for ap hour or more, I returned to wy room and entered it as I leftit, as I suppoved, unobserved. Wheeler's door was open and he wa: talking to some ove light on the guilt or innocence of the prisoner; he at first saw no ampropriety in it; in asecond inter- view he said he didn’t think it proper to do so witheut knowledge of the District Attorney ; | then had reference to the examination of this pri- soner. Instice Tayton recalled.—The examinations 0 the privies were not done by my knowledge, but invariably recommended both privies should b coptiods I met Selden in Broadway one morning told him the privy in Madison street had been emp: tied, but that from the constructiou of the privy in Chambers street,nothing could have been thrown in it. Mr. FourKx eramined—He superintended the ex- ion of the privy in Chambers’ street; the ‘ht—last Tues: night,at twenty-eicht mi- it eleven, fou urt; at twelve o’clock piece of a shirt and a whole shirt, at half- ast twelve found bundle tied up and a kind of a jacket; also at one o’elock found a pair of drawers ‘and two towels; the bundle was beneath the second and third hole, about an inch beneath the surface; one of the men cried out, “hallo, here’s a boot.” Justice Tayton was asked by Serpow if he had not told him that these things had been thrown down in the privy and could be got out. Wartine objected, Mr. A. B. Buaxe ezamined—(Pencil shown to him.) Thinks that Mr. Adams carried just such a pencil as that now produced here; remember it from th ind the air makes in drawing part of the case off; saw him carry such a pencil just before his deatn. Mr: Monanan exanined.—(Key shown to him.) This is, no doubt, the key of Mr.Adams’s office. It was the one he carried in his coat pocket just at the time of his death Dr. Cuitron ecamined.—The acid in privies will act on iron and corrode it, if it lays a long time; also, on silver;Jit will discolor silver, and if the Iver is not good, it will be corroded; i guts audibly. I wentinto my room entering un- tain how long this half dollar or pencil letermined, and not knowing what to do. After I was seated in my room, I waited silently till Wheeler’s school was out and his fights extin- guished; andduring this suspense it occurred to me that I might put the ata in a cask or box, and ship it off somewhere. [little thought at this time that the box which was in the reom would answer. I supposed it too short and small, and entirely unsafe as it was quite open.— Wheeler’s school being out, | still heard some one in bis room, and as | then thought, laid down on wome benches. ‘The noise did not appear ex- actly tike a person going to bed. I could hear the rustling of no bed clothes. I felt somewhat a!arm- ed, but then'the idea occurred to me that it might be the person who Wheeler bad stated was going to occupy the room that | then occupied as a ates ing room, as soon as I gave it up, which was to be in about ten days was temporarily occupy- ing his room for this purpose. Relieving myself by this thought, [ soon lita candle, knowing that no time was to be lost; something must be done. ‘This was about nine o’clock, I shouldthink. Hav- ing closed the shutters, | went and examined the box to see if I could not crowd the body into it. [soon saw there was a pos y of doing so ii could bend the legs up so tha would answer, if | could keep some of the canvas around the body to absorb the b!ood, and keep it from run- ning out This | was fearful of. It occurred to me, if | bury or send this body off, the clothes which he had on would from description discover who it might be. It became necessary to strip and dispose of the clathes which I speedily pomplished by ripping ap the cvat sleeve, vest, &c, which ‘the clothes, the keys, mo- ney, &c, in caused a rattling, and J took them out mon one side. [then pulled a part of the awning over the body to hide it. I eut and tore a piece from the awning, it in the bottum ofthe bex. I then cut se- veral pieces from the g for the purpose of lee i ee amt oh apt it was,too much to crowd into the box with the body, i. c. it would not go in. Tthen tied as tight as 1 eould a portion of the awning about the head, having placed something like flax which | found in the box with the awning (This flax or swingle tow came from a room 1 had previously ecenpied No. 3 Murray street, also this awning. [then drew a piece of this rope around the legs at the joint of the knees, and tied them to- gether. | then connected a rope to the one about the shoulers or neck, and bent the knees to the head of the body as much as! could. i brought it intoacompatct form. After several efforts I succeeded in raising the body to a chair. seat, then to the top of the box, and turning it round a little let it into the box as easy as I could, back downwards, with head raised. The head knees and fect were stilla little out, but by reach- ing down to the bottom of the box, and pulling the body alittle tows rds me, I readily pushed the head and feet in. The knees still projected, and 1 had to stand upon them with all my weight before | could getthem down. The awning was thenall crowded inthe box excepting a piece or two, which | re- served to wash the floor. There being still a por- tion of the box nextto the feet, not full, took his coat, and after palling upa portion of the awning, crowded it partially under them, and revlaced the awning. The cover was at once put on the box and nailed down with 4 or 5 nails, which were broken and of but little account. I then wrapped the re mainder of his clothing up and carried (hem down 8 to the privy, and threw them into it, together with his keys, wallet, money, pencil fcases, &c, ‘These latter things I took down in my hat and poe- ki @ part wrapped in a paper, and a part other- lored; can’t say how long it would take to them thus ina privy. The actien of thi cloth would be trifling; the action on a shirt s with blood would be such as to take out the disco- loring made by the blood. Mr. Wuitine and Mr. Smrru then cited the fol- lowing authorities,on which he should rely. Cincumstantiat Evipence.—I Starkie, 477 and 483; 1 Phil 6. lice—2 Starkie’s Evidence, 950; Roscoe, 651; Roscoe, 681; 1 Russell, 408; 4 Dall, 1G; Enoeh’s ease, 13; Wendell, 198; 1 Hawking, Where Death is Secret.—2 Starkie, 958. Words of Provocation in Excuse —Roscoe, 669 ‘As to Premeditation.—1 Brown's Rep. Ap. 18; 6 Randelph, 721 That the Instrument used is Evidence of Intent. Roseoe, 652. in Witnesses —1 Phillips, 1 The Weapon used is Evidence of Intent—1 E Pleas of the Crown, 242; 2d Hume, 254; 8 ine, 25; 1 Hale's P. C., 455; 2 Raymond, 1489; 19 Wendell, 606. The Court then adjourned till four o’clock. Afternoon Session, Immediately after the Court opened, Mr. Emmetr rose and said, that he was surprised at the course taken by the Distriet Attorney, after it had been admitted that the homicide had been committed. Thutafter he i ntto the Jury. (G would use the first person, and consider himself iu Colt’s situation. He then went on to read the following Conresiox oF Cour. Samuel Adams called on Frit t my office, as near as I can recollect, betwee hours of 3 aud 4o'clock. Whether he had any special object in view in coming at that or not, I cannot say When he entered my office, [ was sitting at my ta- d was at that time engaged in look t account book, as 1 had for one or two I was reading over the entri sidering the arithmetical calculations the entries, &:+. Mr. Adams seated chair near the table, and within an arm’s | myself, so near, that had we both leaned our eads forward towards each other, I bave no doubt bat that they would have touched. I spoke of my ac- count, which he had at my request handed to me ten ortwelve days before. I stated to him that hi: account was wrong, and read to him atthe same time the account, as | had made it out on another piece of paper, and requested him to alter his account as 1 had it. He objected to itat first, saying that I,did not understand printing. He however altered his figures as I read them from my account, as I made tne re- mark that I would give $10 or some such sum if 1 was notright. After he had altered his figures, and on looking it over, he said that he was right at first, and made the remark that I meant to cheat him. (Jn the mean time we had both been figur- ing, on separate paper, parts of the account :)— ord followed word tillit eame to blows. he words “you ‘dwere passed, and severaljslight blows, and uatil 1 received a blow across my mouth, and one whichgcaused my nose slightly to bleed. Idonotknow that | feit like exerting myself tostrong defence. ibelieve | then struck him next violently with my fist. We grappled with each other at the time and | found myselt shoved to the wall, with my side next to the table. At this time he had snd in my neck hand- ing it that I could scarcely breathe, and at the same time pressing me hard upon the wall and table. There was a hammer upen wi ‘n throwing them down I think they must have rattled out of the paper. [then returned to the room, carried down the pail which contained the blood, and threw it into the gutter of the street ; pumped several pails of water and threw in the same directon. ‘The pump is nearly opposite the outer door of the building ; then carried a pail of water up stairs, and repeat- ed said washing to a third pail ; then rinsed the pail, returned it clean and two-t! 's full of water tothe room; opeued the shutters as usual, drew a chair to the door, and leaned it against it en the inside as | closed it. Locked the door, and went at once to the Washington Bath House in Peart street, near Broadway. On my way to the Bath house, went by a hardware store, for the purpose of getting some nails to farther secure the eke: The store was closed. When | got to the bah house, I think by the clock there it was eight minutes past ten. [ washed out my shirt horvegtly in parts of the sleeves and bosom, that were some- what stained sh blood from washing the floor. My pantaloons in the knees f also washed a little, and my neck handkerchief in spots. I then went home: it wanted, when IT got home. about five minutes of eleven o’clock. I lit a light, as usual Caroline wished to know why I came in so late, I made an excuse, saying that | was with a friend from Philadelphia, | think, and that I should get up in the mourning early to go and see him off. | went to the stand and pretended to write till $she became quiet or went to sleep. 1 thon pat out’ the light aud wadressed myself, spread my shirt, &e. out to dry, and went to bed. To the morning, at about half-past five o’clock, I got up put my shirt and handkerchief, which were et quite dry, into the bottom of the clot! Baskat under the bed. Always changed my shirt on going to bed. In the morning put on a clesn shirt andkerchief and was nearly dressed when Ca- woke up. I said teker that it was doubtful whether | should return to breakfast, Did not re- tura—went to the office, found all apparently as I had left it. Went after some nails; got them at Wood’s store; the store was just opening ; returned to the room; nailed up the box on all sides; went down to the JJast river, to ascer- tain the first packet for New Orleans. Returned to my_rvom; marked the box; moved it myself, with great difficulty, to the head of the staire— did not dare to ek it down myself—went to look for a cartman; saw a man passing the door as J was going out—requested him to help me down with the box—he got it down wiik- out any assistance—prefeired doing so—paid him ten of twelve cents—went down Chambers street for a cartman whieh I saw coming towards Broad- ; to take the box 10 the ship, foot of went with him. While he was load- the table which I then immediately seized hold of, and instantly struck him over the head. At this ime 1 think his hat was nearly ia my face, and his Ishould think,was downward i The time in: this blow knocked his hat off, but will not be posi- tive. At the time! only remember of his twisting my neck handkerchief so tight that it seemed to me as though I lost all power of reason. Still I thought I was striking away with the hammer.— Whether he aitempted to get the hammer trom me or not! cannot say. | do not thiak he did. The first sense of thought was, it seems, as though his hand or somethiug brushed from my neck downwards. [| cannot say that I had any sense or reflection till 1 heard a knock atthe door. Yet toere isa faint idea still remains that [shoved him off from me, so that he fell over; but of this I cannot say. When I heard the knock on the door, I was in- stantly startled, and am fally conscious of going turning the key so as to lock it. | then sat down, for I felt very weak aud sick. After ing a few minutes, and seeing so much blood, I think I went and looked at poor Adams, whobreathed quite loud for several minutes, threw his arms out and was silent. Ir collect at this time taking him by,the hand, which seemed lifeless, and a horrid thrill er me, that [ had killed him. About ome noise started me. | felt agitated or frightened, and I think | went to the door to see if I had far and took the key oat and tarned dow e slide.Jji think I stood for a minnte or two listening to hear if the uffray had caused any alarm. I believe 1 then took a seat near the window. It was a cold damp day, and the window had been closed all day except about six or Cee inches at the top, which I let down, when I first went to the office, and which remained down all the tims I occupied it. I re- mained in the same seat I should think for at Teast half an hour, without moving, un- less it was to draw the curtains of the window close, which were within reach. My custom had been to leave the curtains about one-third drawn fram the side of the window towards Broadway, The blood at this time was spreading over the floor. There was a great quantity, and I fel- alarmed lest it should leak through into the apothe- caries’ store. I tried to stop it bi tying my hand- kerchief around his neck tight. tne appeared tu do no good. I then looked about the room for a piece of twine, and found in a box which stood in the room, after partially pulling out some awning that was in it, « piece of cord, which | tied tight round his neek, after taking the handkerchief off, and his stock too, I think. There was then, I discovered, s0 much blood, and the fear of its Jeaking through the floor, caused me to tal a towel, and er with it ali 1 coald, and rin it inte the pail I had in the room, ould think, at that time abo f water,and the blood it filled at rd full. Previous to doi t to write a receipt on; wrote a receipt te be signed by the captain, on my way down the street; did not offer the receipt to be signed, but requested one whieh the receiver of the bex gave me. A clerk was by at the time, and objecied to the form of the and took it and altered it--wished to know t ladi I first remarked that was not very import- the office for one. ‘ore up the receipt Returned ast; however, that I Did not go for a bill of lading. 1 bofore I was two squares from the ship. , way of Lovejoy ¢ hotel, in the eating room; called fora hot roll y towards the box, and could not eat; drank two cups of eoffee. whing to fe i id covered it wi M e, locked the Fag dog it down ler. I neve LY for ; examined every thin, it the ng UP all the blood I could, whi Feom; wiped: he tal a one ie two bpbtes went an otilt near the window, and be, best todo. About this time some one knocked at as the very words of the prisoner, written down zs Goce, Se Ween, © overee Tee ; | by hiemsell in pencil, io his cell, som after bis ar- reet; and onpied by himeelf, snd he pledged his hastily as possible, I took my seat again to. think whet wae | “me nd to bed- These (said Mr. Exmetr) may be eonsidered ly borri remai dark, a eilent space of time of etih more horrid re- , | went to my office for a piece of paper | FRISDAY MORNING, JANUARY 28, 1842. veracity and reputation as a lawyer, for the truth of the statement. n referred to the different sec- 8 of the statute in regard to manslaughter as bearing upon the difierent degrees of homicide He contended that what is considered manslaughter under the English law amounts only to justifiable homicide under ours, and the present case comes under this class; the highest class of homicide known to our laws is a premeditated de- sign totake life. (Here he again referred to the laws on this point.) We have two classes of mur- der onthe statute books of this State—those of Enos and Ezra White—where the Court of Errors have decided that the form of indictment cam be brought stating that the murder has been wil- fnlly etfected—but the proof of wilfulness or pre- meditated design—-must be proved by the prosecution. ‘ Pre d design” means an idea formed some time ious—such as lying in wait—old feelings of iitwilt, and pre-concerted schemes of bodily harm. He would abandon the cause if the public prosecutor could show that Colt was privy to that meeting, or approved of it. The passions of Adams and of Colt were aroused, and Colt in his own defence took away the life of Adams. If Colt thought that Adams came to his rooms with a view to assault hi great bodily harm, that then Coll taking away the life of Adams Coart to raurder this act comes. But from the testimony of Caroline Henshaw, which we must all believe, that she saw that mark round Mr. Colt’s neck on that Saturday, evidence that a severe struggling had taken place, and probably an affray in which the life of Mr. Colt bad been endangered. We have every reason to believe that Adams had his hands twisted tightly within Mr. Colt’s neckcloth, and was twisting it so tightly as to cause suffocation Insuch a state where one party was in imminent danger and he struck a blow that caused death— the blow was justifiable. Mr. Emmett also con- tended that the mere using of an unlawful weapon in the heat of an affray, did not propeily con- stitute manslaughter within the meaning of the statute. Le cited the case in England where Levy was stabbed and killed in a fight. There it appeared that two partics went out to fight: alter afew rounds it appeared that Lovy was stabbed in several places, of one of which wounds he immediately afterwards died. Here it was proved that the prisoner had a claspknife at the beginning of theaffray. Judge Bailey charged the Jury, that if they found that the prisoner took the claspknife into his hand when he first went out to fight, that then the act was murder; but that fight, if after the fight begun, he then resorted to the claspknife, then it was only manslaughter. He contended that if in this affray between Colt and Adams, at the o , both parties were on equal terms, and that in the course of the affray Colt feund that Adams bad hold of his neckcloth, and was choking him, and that then he seized the hatchet, and struck him a fatal blow, that then this was merely a justifiable homicide. Mr. Emmett the following authorities ; 1 1 Hale, 456 ; Foster, 295; 1 Russ+ll, 496; 1 Roscoe, 563- st, 208 ; 4 Biack- R| But it is for the ow you under what branch other than p, 2254 Barbour’s C. T., p.28; 1 stone, Com. 439 ; White’s ca 24th Wendell. Enoch’s case in 13th Wendell. Mr. Emmett, also, in the ceurse of his argument, went in the most lu- cid and clear manner over the whole of the English Law, on the subject of murder, manslaughter, and homicide, explaining particularly the kind of act that formerly came under the nam ef‘ chance- melley”, which wi nonymous with the word “© sch lee,” of hot aflray.” Mr. Emmett t over the evidence, as it has been given in this paper. He showed from Adams’s own books the foliowing accouat between Adams and Colt. Printing Book-Keepiug, - — - $57 1b Old bill, 24 00 $81 bo Received cash, : : 10 00 a $71 16 ‘This is the sam put down by Adams; this som was always denied by Colt. He admitted the $957 15, as due for the new account on printing the Book-Keeping. But at this very time, Adams held as security all the stereotype plates of ‘Colt’s Book Keeping,” worth $5 Adams also had the blocks for this work, worth $20. He had used these, and Colt said ha had agreed to cancel the balance of the old bill for those very bloeks, and that, therefore, he owed Adams nothing on the old account ‘This was the cause of dispute between them. And here, Mr. Emmett went into a sup position of what took place when Adams went into Colt’s room; and suggested how tie quarrel could possibly have arisen from this very debt, and the di about Mr. Emmett also said, that with regard to the watch, Mr. Colt considered it was too valuable a mement to the family to bed-stroyed, and that he meant to preserve it, and take it to Hos- ton, snd send it thence by Harnden's Express to the family of Mr. Adams in such a way thatit never could have been traced back to him. This was really what Colt intended todo, Mr. Emmett was especially severe upon Wheeler, and showed, as he said, that from the contradictions in his for- mer statements, and those given on t! rial, that his evidence was entitled toscarcely sny credit at all. He then showed the discrepancies between the testimony of Wheeler and Seignette; as tothe looking through the key hole twice by Wheeler, and to the noise made by the scuflle,or the rush. He concluded by saying, that it was immaterial to pro ceed farther on their evidence. It was too true, that Mr. Colt had kilied Mr. Adams; and it was only necessary for the Jury to be satisfied, that he had not premeditated this killing. It has been fully proved, that he had the box, the pail, the hatchet, wning, all in his room before this fatal day ; when he first got them has been shown, and also it has been shown, that he had them in his ossession for some time before the 17th of3eptem- ber, Ist, Mr. Emmettdwelt strongly on the awn- ing'and the watch, and traced their history by the evidence. He also said that the energy, the swift- ness, andthe perfection, with which he di of that body, ought not to operate against him, or to induce the Jury to believe he murdered Adame. ‘The confession which he drew wp, was intended by him for publication seon after his arrest; but he was deterred from it by advice of counsel. After he killed Adams, the blood flowed in terrents over the floor from every part ef his system; and Colt was compelled to tie that cord arouad the neck of Adams, to prevent the whole of the blood flowing ont of that body; and having once tied that cord around Adams’s neck, it was too late, to confess that he had killed him. Mr. Emmett then cited the ease of the uncle who beat his little niece—she eried ‘don't kill me,” and ran away, couldn't be found—he was ordered to find ber by next assizes ; he could’nt ; but dress- ed up another child to look like her; the frand was detected and he was hung. Some time after, the child was found—she had ran away acd was taken in by a stranger. So the woman who killed a child witn a stool, threw the body into the river, and told her husband that the ehild had ran away. She was found guilty, but recom- mended for pardon by the Judges, and wes pardon- ed. And her subsequent concealment of the body it was not considered ought to gh one moment upon her conduet or motives in killing the chil) (I East’s. P. ©) He then referred to the opi ion of Lord Hale on circumstantial evidence Mr. ExMert concluded by stating that it had formed no part of the prisoner's plau of defence to keep baek any thing; he wanted a full, fair, and impartial examination of all the facts in the case. Aud he asks to be judged by the same rules of law that are applied to others in similar circumstances, and no more, That's all he asks, and if ona fair, calm, gnd impartial review of the facts you c.n find him guilty of a deliberate, wilful, and premeditat- ed murder, then be must submit to his fate.— Mr. K. then alluded to the testimony of Caroline Henshaw, whem he lauded highly. for her whole conduct in the melancholy affair. He also feclingly alluded to the fact ofColt’s retaining the memento 0 his departed mother and sisters; and concluded by impressing on the jury the solemn duty they had t perform in rendering a just verdict, regardless of the popular clamor, and to acquit him if they were so impressed, even if they were certain of march ing out of this Court House to instant destruction, Mr. Emmett coneluded bis truly brilliant effort a quarter to eleven, having spoken in a strain of SoUaeeENNES eloquence for six aad three quarter on ‘The Court adjourned at a quarter to elevnn. Mat, Rorveny. <A Louisville, Ky. paper of the Wh, vives the following account of a mail robber in thatregion. It says, the mail stage, which left Louisville at 3 e’¢lock on Tuesday morning for Frankfort, wes robbed about twelve miles from this city ; two trunks and one box, belonging to parsen- gers, being cat from the boot. The box aod trunks were snbeequently faund in a hemp field, near the road, broken open and rifled. About fifty dollars in money was taken, and nearly five handred dollars worth of clothes and otheranicles. A six hundred dollar draft in one of the trunks was recovored by it# owner, not having been found by the villains. Price Twe Cente Uny An Ch ipence, More Dean Bovirs. Tie floating population were in quite a ferment yesterday, from a romor pot in circulation that three dead bodies had been found in Crosby street the eveming previous, enclosed in sacks, and ‘ supposed to have been murdered.” The facts are as follows:—On Weduesday night at hal ¢ past ten o'clock, the wife of Mr. D. Sherwood, who resides at No. 70 Crosby atreet, directly opposite the medical college, awakened her husband and inforn:- ed tim that a cart had just been driven up before the college door, with several dead subjects thereon He immediately sallied forth, and the cartman per- ceiving himself discovered, drove off with his Joad at full speed. Sherwood followed him through se- veral streets, until he came to Houston, near Broad- way,where,withjthe aidjof watchmen whom be had informed, the cartinan was stopped and ordered to the police office. There were three sacks on his cart, enclosing the dead bodies of two white women and one negro. The cartman refused to give his name at the police office, but stated that he had brought the bodies from Potter’s Field. The ear contained two numbers, one painted over te other the lower one 2109, the outside 3179. The latter je registered at the Mayor’s office in the name of Lis» ny Saturn, who is presumed to be the cartman, He was committed at the upper police, and the be- dies taken to the dead bouse in the Park, where the coroner was called to hold a verdict inthe aster noon. Upon examination, it was ascertained tba the negro had died on Tuesday last, of inflammato- ry sore throat, at No, 290 Madison street, and his name was Goorge Green. The ceroner held a yer dict on his body the same day, and ordered him bu. ried in Potter’s Field. Itwas therefore considered unnecessaty;to hold a verdict on his body. The wo- men were carefully examined by Dr. A. G. Thomp- son and the jury, and the result was, that “ they had died from diseases unknown,” although the impres- sion was that they had been Alms House subjects, and life had terminated from consnmption. One of them was much emacisted, her body was rere skin and bone, the other in fuller flesh but still bear- ing evident marks of disease. One appeared to be a native of Ireland, about 30 years of age; on ber right arm the letters “ G. H —28,” were pricked in with India Iok, and on the left“ E.—J. W.—W.U. ? There were nu marks of violence apparent on exther body, and the Coroner ordered the bodies te be buried, from whence they were taken. The cart- man will be examined this day at the Upper Police. Fine.—The fire yesterda: i ir o'clock, burned the ipper part a building Che: tham square, occupied by Mr. Husten, as a tailor shop, Mr. White asa prinung office, and on the first floor as an Exchange effice by Mr. Baker. But little damage was done. Porice.—The police offices yesterday were ai- most free from complaints of crime. Wm. Cornish stole a $1 bill from Ann Cooper, No. 1 Little Water street; at least so she said, and he was locked in the tombs. Dan. Cronin etole some pigs iron, nut pork, from Samuel Smith; and another man stole a that iron. That was all that eceupied the ume of cour: and officers, worthy of public notice. Necuicenck or Somesopy.—A child about five years of age, son of a Mr. Garrison, No. 297 Mon- joe street, died yesterday from want of medical treatment, of an ordinary fever. The parents testi- fied before the coroner that they had applied to the Central Dispensary for medicine and medica! aid, but could not obtain it. If such is the case, the pnb- lic authorities should inquire into this negleet of duty on the part of their agenis. F Coroven’s Inquests —The coroner, for the fast few ee has} been overrun with business. Yes- terday he held an inquest ona dead baby found in a box in the Catholic burying ground, First Ayenwe. name and death unknown ; but nicely deposited in a rough pine coffin ; and also on the infant child of Daniel Donovan, of No. 446 Water street, who died from want of medical attendance. And on the body of Meges Rugaa, who was committed to Blackweil’s Island on the 24th inst, as a vagrant and an habitua! drunkard. He died the next day, and coroner's verdiet was in accordance with these facts. IY) TY tO THE LADIES. MAPAME COSTELLO. Female Physician. still conn Dues to treat with aatontahing success, all diseases pecu- Supprermon, irregularity, ebstruction, be. lar to females. py whutever cate produced,can be removed by Madame C ima very short time. Madame C.’s medical establishment hay- ing undergone thorough repaire iterations for the better accommod,tion of her numerous patients, she is nw prepared to receive ladies on the point of cox! ent, or tho-e who wash to be treated for obstruciion of thetr monthly period. — Madame C. can be conaulted at her residener, 34 Lispenard ot. et alltimes. All communications and letters must be post paid. A J18 be” THE PRIVATE TREATIS&.—This ie a little voinme on certain disenses in which the best and most convement means of cure are etated in the plamest le manner. it also shows the reason why these maladies so frequently cow: tinue on from month to month,nocured, and terminate at Teaxth inother and permanent complaints. Indeed, no one can sew this little book without seeing at once their true and real me- riak und danger of trusting them to ignorant people. w. however, to obtain a rational degree of conde ads U dine: Teans unl opportuait Mt forming just aut clear opinions on 5 t besides bie rank as graduate of Edinburgh, rol the Loudon College, ic. he hes been watching ‘these diseases, bot in Hospi city practice tor more thi years, wd has published two editions of a work expressty on them. Alvo, thathe hat letters of commendation {rom the moet ‘emment sage tm othe moat. eainent Aeley Beer to Be, Mott of New York and Drs Physick ef nd others, hae . jad others, aad be scen by any one Wipe pies of the book te 81, : Dr Ralph is consulted at his residenee,86 Greenwich stra! atany hour, and has distinct and separate apartments for those who have to wait alittle, Communications by oe faith 16 am? fully replied to. 2000 NEW SUBSCRIBERS FOR MERRY'S NUSF. UM have been obtained within the last fftern, days #2, they vance. Mi the work at street New York, or 10 School atreet, Boston. 325 ot? CURED. —The ex ort aignal euecres. In toatimony of ng ia annexed, Others, equally natisfactory fat the slore of Manin J. FURST, ihe Be New York, the ouly place in the city tai led npon by Mr. Martin I. Furst to express lation to the efficiency of hie remedy for m, Leheerfully. comply by wt im that having used Ineaitate to declare that it is the very best exteroal ion for that painful aterions disease hat hie une under my notice. I woukl alo state that Mr. Furst's jody haa been ured with complete anccesa by persons of my proprietor, whet ecqnaulance, and mdecd, i no inatance have t known it to fail JUDGE JAMES RB. SHEYS, Wea Tewelfta treet. New York, Dee. 16. 1641, in L.—'The unders ree 20% hee to the — that the United States Hotels Care * thy. David Borraven, Has aad whish haa been gloned upw anda of Uo months, has been put in complete arder, ev purtel the eclensive bufldieg havidg been cupgeed 0 Ghorsegh Pettainations aid wo expense has been spared to. make every roo" auchas would be tprreable tn the Rost fastidious.” “Phe jeralture sind fx: hall haw been lnid im [tatiana marble. tJ be chairs, bedatenda. character that isin arrangements mode. th: hotiae sre entirely new—ca to the bigh wo pl ustain, ” fe pernorh * in aprivatehense.. ‘The ery ry ‘ tures & the ¢ mm Upited States. Fob en. ve c happy to announce that ave made ae arrangement with Me. Alora Reed, tie late well known, tor of the Waverly: House, New York, to aid and assiat iu the m: ment of the house, whoae vn " ofn ¥- self, will be devoted to the maintenance of the high respectab’ ity F this estan) a om Monday, the 10th int umamncmeetioetiate: To MEDICAL AID, MONG the many mighty improvements of the age there we wome of more importance to mamkiod, sad) hone so [Atle appreciate’, aa improvemente, abil inventtone se the practice of metieine, yet we are eonetraleed to'ean we hive never met with wore couvinelug of spre vat in igexhiteted by Dr Gregory.of No. 94 5 sttert. He has recently. Aluable diseuverica in the of diveaae which ie not culy being i ont ning golden opimions from his patients, It te by pomee that all discoveries inthe healing art be wee to the puklic for the benefit of mankind; we ook why shonld a physician mare than any ome else, bestow the result of hia Inbors upon & community or a ht, {com bom ei he how never Here a ce bof the Doetor a vio we are Nae we tailing hia waproved mode of 5 oe white ae reach of ull who choose to Seeruts, He may of the Doator, at bie ad store) 34 Mott street, at all hones of day or ‘ales the following drug store ” twe mores, eet vey Broadway amt rereaty Tre Bow. ery. wf e of ee and 166 eorner of 46 , Commer Suffclk ot; and 19 Che tans at A post-p nce of ome posture, to amy part vf the Cutt ‘ea rete r. t Ir geryed Mourne - int