The New York Herald Newspaper, January 30, 1842, Page 2

ua, was expressly held that the Courts of the State mre mitted by accident or misfortnne in the heat of pas- weapor to say from these anc ent ruanraiis ececramaaemamgene, | COLTS TRIAL. | on: apie'agymaden and atic praocstion, a | Ean theate doe rl sap e upon sudden gombat, without any uni cae dangerous weapon cruel and unfeeling manner. TI for the defesdant, who opened the in ed; snmming up, observes, that the words “by | a human being; by accident or misfortune” in this case are sur-| cruel nor vausu pluss ages—unneceseary—have no meaning. itis manslaughte e. cannot adopt that coustruction. I cannot tell] with a hatchet, thea, I suppose, it is not disputed you that you must reject the words ‘‘by acci-| that that is a dangerous weapon. Ihave thus gone dent ox misfortune” as surpluss ages having 94 over the law briefly, as | understand it, and I nope no meaning. ',On the contrary, as I remarked | you also understand it You hate now to pass on to him, in the course of the argument, that] this matter If you require any other information would bring it exactly within the fourth de-| on these points, the Court will be happy to afford gree of manslaughter. For that section of the] it. I now must add afew remarks on the facts of statute would then read thus—‘tIn the heat of | the case. passion, upon any sudden or sufficient provocation, | Disrricr, Arronsey —Before your honor does or upon a sudden combat, without any undue ad-| xo, I wall just call your attention fo one point, lest vantage being taken, and without any dangerous en may bave unintentionally committed an error. weapon being used, and notdone in a cruel or un-| Ifa petson kills another by any act dangerous to feeling manner.” Whereas, the fourth ree of| human life, and ina manner regardless of human manslaughter would be the involuntary killing of | life, though not with a design to take life, that is another, by aay weapon, or by means neither cruel} not murder. fi q 3 nor unusuai, in the heat of passion. Now,incon-| Jupoz Kext—I said the jury must find it sidering this, you observe, certain circumstances | if they think there was evidence of premed must concur. ‘There must be a sufficient provoca- | tated design. tio. Now, ithas been held that mere words, how Disraicr Atrornky—Ifthe Court considered me ever irritating, are not sufficient to authorise the ta-| to say that Itook this case out of the seeond degee king of life. Therefore, whatever words Adams| of murder, they were mistaken. used, did not authorise Colt to kill him. Onthe| Judge Kext—No, I did not so understand you. other hand, ithas beon held in England, that an: Mr.Emmerr—If this be the propertime, I would edie ine Se a ed cou er o| dogger Courts of the United States. That ion on the Testu Day—Sarvapar. I Ease in Livingston vs. Van tncam 3 Rep, S62.) | The excitement was very intensethe whole of this jief Justice Kent repeats the rines: areons . ; . Barnard, that the Federal Courts -have exclusive | day ; there was a perfect mob arognd the Gity Higll $e wae of the infringement of patent ri me from morning till night. There was also about justice jompson (p. 507) states the same jaw. he f. art late case of the Mate of Illinois vs. DMafield, to| forty or filty females in the Court room all day. welch, Lhuye beeu referred, arose under the clause of The programme ef operations was this: Mr the constitution respecting controversies between one | Whiting oecupi i = State and citizens of another, and is goperned by thedis. | iting occupied from 10 tilt quarter past 2 in sum tinction I have noticed. -"Weonfess’my inability to distin. | ming up. The Court then adjourned till half past 3, Pape ae present ne upon os er from ap stee when they re-assembled, Judge Kent delivered his lor aniniriogement of a ent it is the preventive re- A . medy of This Court to ethear the continued violation of a| charge, which oceupied about two hours and @ copytight in its legitimate sense—a right now springing | quarter in the delivery. We have only room for from an Act of Congress solely. However, theugh not | 11, the decision of the head of the Court, I ‘shall dothat which is constantly done in England, where the right is Cuanex or Jupce Kext, doubtful, dissolve the injunction, upon the defendant’s| — it now becomes by duty, Gentlemen of the Jury, undertaking to keep an account. The complainant ing | to “close the. last scene of this long, exciting, an at lberty to bring an action at law in one of the Sst | protracted trial. And if my remarks have no other a 0 ti i ither now or upen . . arth aaa (era orice t Russ. $04 M | good effect, they will at least, inthe calm and tem- 108. Barnwell qs. Halcon, 3 Mylne and Craig, 7: Perate tone which itis my duty, as well as my de- The order will be, that upon the defendants, by io- | sire to give them, aflord you some space of calm re- licitof, or in person, essigning and filing a consent to | firetion between the exciting speeches which have keep an account of the avails and profit of the periodical | just been made, and the duty of deliberation which callad the New York Iancet, so long as he shall continue | 4s to follow. 1 cordially agree with the obaervations the publication of the lectures of the complainant.or any | of al) who have witnessed this trial, that you are analyais thereof, the injunction issued herein shall be Sosetipitie ef wit drains for ths’ patient deliberation dissolved. The complainant to be at liberty to institute | deserving of all pr lor Ay: tH Feysder er ae such action at law as he shall be advised. The costs to | wawearied attention, and good-feeling, in whic! abide the even of this suit. you have gone through this protracted trial. You pies se il eee must carry this still further. My duty will oon be jumstances on the referred bag oe proof ch awning, loogtime id theimp: ility if be meant to ki Adams,he would chose so public a place to do nae I have now conside the events upto the time Adams going into that room. We now come to the last branch of the subject; that is, considerii ig the occurrence itself, and the ev. that roem. Be- al fore I do so Lmust make some remarks on the afforded by the sdbsequent conduct of Colt the packing up of A lan of con: ent j irs; he returns. He again locks the door; he goes to werk; Delnoce hears the sound of washing, ing of cloines— the water dropping inthe pail. And next morn- ing he is awakened by the sound of hammer and saw. Colt, in the meantime, according to the teatimony of Miss Henshaw, has gone home. Next morning we have the testimony of Mrs. Octon, who sees him go up stairs, and seat himself on a bench opposite the door; and with his head drooping on bis breast, remaia for some minutes. That circumstance d bring into strong re- lief, as entitling. the man to your favorable considera: tion. He + opposite the door @f the room which contained his victim, whether of deliberate murder, or of manslaughter, or homicid He seemsto have experienced seme of thos: feelings ora Shakspeare has put into the mouth of Mac- the ease of the boy in Blackat powsied ae considerin, what deductions ‘as. fog essarily eviden d d, that although iment might strike the jurors as evi- e id not so see-it.. He referred ‘to the testimony of Wheeler’ and Seignette as to what they heard inthe room, and their conduct after- wards, and the Grapes @iscrepancies between ste, soferres to the dectrines At least this is the only evidence of feeling (i prudence) exhibited from time oF pA ting the act till his arrest by the Mayor. have this box prepared; and prepared wit! with a foresight, with a precaution a itements. > eam a4 bt) Slim = 1 ersonal indignity of a provoking character, which} now ask your honor to eharge ex; in rela- | sible means of detection, that evi . and others lon to ci nti THr ended, and yours will begin, and you must execute the pores! to a feelings Pitan od, ‘aroused | tion to thet elause of the staute ris a to the | concealment rarely equalled in t! evidences and read the Patra SeeSeerantial NEW YORK HERALD. } tix ussigned you in the same spirit of kindaess—of a | the anger of his nature, such as pulling his nose or| words “dangerous weapon;” provided. it be aot | The box is stufl-d with pa But variations in, the relatiens by different rm === = disposition toact calmly—at the same time you exhi- | kicking him, was a sufficient provocation ; and if a} taken up at the commencement of the affray, it is | an awning—the body is fixe manner requiring |, the same Pitaetiod or event, in respect of rtant New York, Sunday, January 30, 1842, bit the sterner virtues of fortitude and justice. Some rs0n killed another under those circumstances, the | excusable homicide almost I} of the anato: to fix it—the circumstances,are not necessarily indicative of fraud or tt a ese —— } allusion has been made in the course of this trial, to | [aw pronounced him blameable, indeed, but excusa-| Judge Kext—I consider that as applying only to d—the’ | falsehood, previded there be substantial agreement in ‘i the excitement which prevails out of doors in relation Cleae ef Oelt’e Datel, to this case. I have always been inclined to think We give to-day the closing scenes of this very ex-| that this was exaggerated. Indeed,had the Court be- traordinary trial. 1 Looe ley ce lean MP very creat and bed Z iti c| i extended so far asto prec! je a fair trial ye Mins ‘i esterony Mr. Whiting closed the arguments, in of the community eal 80 far diseased,that the case of pve of the most eloquent speeches, for the prosecu- | this unfortunate prisoner could not receive frem it @ ony-and after ashort adjournment, Judge Kent de- dale, Ae aay Saat pads Me ee have a ed hi 5 my duty to have postponed the trial @ season o! ised toy bhinch fet full and accurate re- | C#m, quiet acinemtgen had returned. But I never a bas cay S paper we give @ full and accurate re- | gid nor do Lnow believe, that such an excitement port of this eharge—one of the ablest and most im: | existed. It would have been. strange indeed, if in portant, certainly, ever delivered inthis city. Some par cosany city of New AAR thie quiet dt a i ni C ini loyal, and christian community—the public mind ha pei es auaeite nee ronray ae bak he not been shocked by an crea so frightful in its cha- and ridiculous version of this charge, full of inaccv racter, so terrible in, its developments. Although 1 tacies and gross legal errors. The only full and cor- | saw i ay of hb, Renee. and ipieda art of ct i i it myself, Ido not believe that any other desire than Hie ede: bt found a fhe sip d the | & dos ete juatine to the prisoner has existed. Nor ,. Owards night yesterday, crowds hung round the | 4,7 believe that amongst all the spectators at this City. Hall—and great interest and excitement perva- | trial, nor the multitudes who have thronged around the neck—the blood is st dd he centre of the box: by "gp tow is put round the coat ig aid underneath, probably to absord the blood. The box cover is nailed on—a direction is i city—concealed, too, with anart by which ne one except those contents could have failed to have been deecived. To go to St. Louis to the care of Dr. Giay at New Orleans. He then takes it carefully down stairs, trasting no one else to do that, for fear the awful nature of the contents xposed. He then went out to get a car- here he exhibits the same prudence he had shown all along ; he selects the first he meets rather Ce any Cees i recogn’ ain, and hi ainee infiniti cart, Colt ha ing ly ascertained ‘ ip was to sail for New Orleans, from a par- ticular part of the city. He followed the cart to the ble. But two things must concur ; it must not be | combats; and done fon done in a cruel or unusual manner ; and secondly, |‘du your construction if not with a design to take life. So I differ with the it'was ons went out te fight prisoner’s counsel in his view of what isa cruel and | with the weapons mature gave them, it is excusa- unusual manner. The gentleman gave two illustra-| ble homicide. But reduce it to writing if you tions of what he deemed.a cruel and unusual homi-| please, Mr. Emmett. cide, in both of whichI concur The one is an English case, where a ark-keeper found a boy com- mitting a tresspass, and tied him to the tail of his horse, and dragged him about, and so killed hi In England, this was held to be murder; at any rate, death by a cruel and unusual man- ner. He also mentioned an American case, which I had not heard of, in which a boy was fastened to a boat and towed to Tarrytown. I} any take these words, then, in their meaniog; and if} be doubted. you believe that in this case, although the prisoner | same thing in fact, ad a sufficient provocation, that the homicide was | from the wounds done in a cruel and uousual manner which may be | the degree Then, was it murder,or manslaughter, inferred by the use of this weapon, if the wounds] or justifiable homicide. Now, gentlemen, the oc- were aggravated beyond, all reason, why then it] currences in this cause, by the sequence of events, j other respects.’ True st: h of mind urpose of preventing allowing the ju ent, wien founded pn convenaing evidence, to be disturbed, Benacin there are immaterit discrepancies which eannot be reconciled. When the shart eeean? sancti? seem vation, faithful recollecdon, a y presies mxrtian/ tod ing that entire agreeme: amongst nitaberof wituessee se to all tha collanceat ise ct the same principal eveat.: “Lknow not, “amore yr unphil ic standing than te felect theeub ‘son ef some in the: it is related. ‘Phe urual character of humus tenteoer is substantial truth under circumstantial variety. The is what the daily experience of courts of justice teaches. ‘When accounts of a transaction come from the mouths of different witness 5, it is seldom that it is net possible to pick out apparent’ or real inconsistenctes between them. These circumstances are studious! red by an adverse pleader, but oftentimes with little ree ioe ‘ i foot of Maiden lane. Almost every other man ia es. On the centrary, a ded the city. this building, that there has been one individual who | cannot form a case of excusable homicide, and the | @ vast variety of the proof is placed out of view | ten th id would have jumped upon the cart,and juces the suspicion of POSTSCRIPT. entertained the slightest doubt of your capacity to | defendant does not bring himself within that clause | which detained us here many 3, Into the ex. ith the load to watch it—they would give this cause all that calm and unbiassed delibera- : 2 nto | tion which law and justice require. We have all ILTY OF MURDER] confidence in you—the Court has kept you secluded - . | as much as possible from the influences without, and Prexwiexrawa —The last Boston journals are si-| the whole community believe that your verdict will jent as death relative tothe movements of Charles | be [ean eee, aan fea Foe Ye babar apg . i to the court an e i. > a Dickens. What is the meaning of this nonsense? tlemen, 1 have seen your eonduct,(or the'clevendays is the march of events thus to be impeded? I8] that we have been together, and from what notice of the statute. We new come, then, supposing | periments of firing pistols, that you come to the result that it is not acase of | branches of evidence, it jusifi able or excusable homicide, to the point that| quire. But, inasmuch as this has been made the itis erime. And itis one of two kinds—murder | subject of some controversy between the parties, or manslaughter. As to murder, there are no de- | and also of much remark, I wish to say a word or grees init. If homicide amounts to murder, there | two, especially as there has been some devarture are no shades in the eye of the law in that| fromthe ordinary mode of conducting tri In offence. On the contrary, if it he manslaugh-| the first place, we have had the experiments of and various other At four o’clock this marning the Jury came into not necessary to in- Court with a verdict of {G that dread- dircrepincy asto the minor attendant cir- ces of historical its are almost numberless: y aleng; when he arri an to jerk off thejbox as if it had been a box —it is taken on board the Kalamazoo—he reecip( from the mate—but ne bill of lading, for it is not his purpose to gi ny name—he Ech writers of geod auth r the time, state that he was beheaded, though condemned to vouenged, and that the sentence was promotnced on Saturday, carried into effect on the Xi : ; ? londay following. Charles ter, th has divided it into four species, | firing pistols in Court. And that is rather ir-| leaves the vessel and tears up the receipt in-'| the Second, after his flight from Wor er, has been Knowledge of a new kind to be suppressed, like | 1 have taken_of your conduct and remarks, I am sa (A ER Mob cde with different legrees | regular, and might not be very, safe. It was|stantly. Then again in the peparation of his | Varieusly stated to have embarked at Brighthelmstone Dz. Mott’s lectures, by order of the Chancellor ? tisfied that there are honest hearts and sound heads | gf criminality, andto each, punishment proportion- | justified, | supposed, in the first place, because it | room, the same wonderfulj regard to minutia is | #4 at Ni ‘ord Clarendon states that the f ¥ I d to a few brief remarks If the Boston journals do not fulfiltheir great des- | Bmuns You. alt T proceed (oie len, RUE TE StRs tiny, and give us a full, clear, graphie, and particu- | some of the incidental or collateral occurrences con- ar account of the movements of Charles, and the | nected with the case. In the first place, I regretted discovered Every trace oj blood is carefully erased, the spots are wiped off, or inked over—oil is, pour- ed on the floor to conceal the blood—(and I have ed to their supposed intensity have been affixed ; | Was soon seen, that the pe laced on the stand, gradually diminishing in extent. First—Let us take | was perfectly master of his weapon, ‘and the man: murder. Murder, ae the statutes, is of three kinds; | ner in which he handled it, convinced me. there killi royal standard was erected about six o’clock of the even- ing of the 2th of August, “a very at and tempestu- ousday.” Other contemporary histori ite that it le 1 first, it is the pg of a human. being (un-| Could be nodanger,and Itherefore allowed this de- been told oil has a wonderful effect in correet- oa scverasemtnepiieetrediocate aanre tne attentions paid to him, we shall incoatinently com-| to pereeive, during the last stages of the trial, some | Jess it, be homicide or manslaughter) when per-| parture from pe the erdinary procedure in | ing the stains made by blood,) then the space in | pal facts with which they are cennected. f ex acerbations of excited feeling, which were entire- etrated with a design to effect death-—— Something has been said Second—When perpetrated by any act emminently. Pisses 2 the seull of the dangerous to others, and evincing a depraved . Colt to be bi mind, regatdless of human life, although not with} fresh from the tomb—pre: i the desiga to effect the death of any individual. Let me éay for my: T retain Third, when. perpetrated without any design to it here, I shall preserve to the utmost of my effect death by a person engaged in the commission that dignified solemnity of procedure—that ofany felony. In this latter case, if he kills a person A ist demeanor that bas heretofore dis- itis murder, although he did not desiga to kill him, | tinguished alike English and American judica- because he was engaged in an'unlawful act. The} tories. It is not often necessary to produce the the middle of the room, which by washing been made whiter than the rest, he causes to re- semble the surroundi ortion by the use of to- baccoand his spittle; and he tells Wheeler that he smoked till it made him spit blood. He goes home, covers his neck up, bathes himself with spirits, maad the sun to stand still over the hills of Hacken-| jy uncalled for, Never were there gentlemen, more sack, till wesend our corps of police reporters to | entitled to eash other’sesteem, than they who repre- the east, to give us the information so ardent- S-nt the respective interests of this case. ; ooking at it ly desired. Charles Dickens is not to be slight- ee AC I CH pear Te ed in this way. Charles is. an amiable, good, kind, adesy blaine There bee rarely been seen such humorous, quiet, gentlemanly being, besides being | tatent and industry as that exhibited on both sides: as original a genius as ever lived. He is the first} The case on the part of the pesecuicare he been born geniusin the great loeofoco literature of the | Prepared with an accuracy of detail, an attention ‘to He continued : There is a difference between Wheeler and Seignette on minor points, but in the muin fact they corroborate each other. They, heard i & noise, a clashing, a rush—no stamping—they pera opt ae vy body. And there ia this and goes to bed. ‘Then on Monday heassumes an | after. “Their ears’ were openctheit mindewers” air of gayety when’ away from home; and with @ | directed to that room. "Hat there been a groan, or coolness whieh it is impossible not te admire asa “ pears ~ te pyaar be. goes fo the shop of another blow, they would .have beard, it. But it my aR extreme minutiz, never eurpassed, although I be- | istrict Attorne suppose, does not intend 'to| *ad_evide of the crime—im their original | Adame, talxs.te his foreman; speake.of Adams in srijoatvey Weare No teputonion pvite anae nineteenth century. It is true he was born in Eng- | tieve that the credit of this belongs not so much to | bring it within that clause. ‘This must come either lly when they come reeking with all | terms of commendation, ad of the kindly feeling} but nothing..after, the fall—their attention was not |.” land—yea, even in London—but his mind is*Ameri- we essary meted ad et hey of abe punordinale canine i Fea ‘ ic | ¢ of the police, under the presiding influence cin—hia soul is republican: his heart is Racor or piste the Mayor. ‘Onithe part of the prisoner —yea, he is allover the great master-spirit, the origi- | his has been met with an industryand an elaborate nator of the locofoco literature of the present age.. | preparation of his case, rarely known, and doilet t tor second clause, if it be murder at| the defilements of the grave. But, in this case, it ewe illustrate the second. degree by the | Wa* thought necessary, because the surgeons did case of a person firing a pistol into a crowd; if that| 2 give so clear a desoription of the wounds jn- takes life it 1p leoked on -as.evcane of this descrip. | ficted ; and as it'was necessary to adduce all the tion; or throwing a shell, if you please, or a-petard, | testinony in our power, I thought ocular demon- that had led. between them; goes then tO} eailed to.the commencement of the transaction. | ells, and there perhaps exhibits some emotion ; | Now, as’to the wonnds themselves: we have falls back om the table—eaused perhaps by the re- } heard as far.as human testimony cao go—a Clash- mark of Wells to his inquiry after Adams, “1don’t ing noise—c movement ii know, he last went to see you—did you see him ?” t; and almost instan- a cI y . taneous fall of a heavy body. In addition to that, b di oper man-{ on both sides, as you have heard, there has * 3 ation was preferable to any other evidence ofthe | Putting all these circumstances together, e have have t! ji f th Ive am NS SE et nucrs oe rata been disglaged an ‘cloquence Tarely equalled—never a oe ted Hua or diackinae tein nature of the wounds ; and f think the result has | brought before usa man of foresight aud design, of apparent op deren °On bie cabjeottbe deters ner. icecaah ties sa surpassed. I repeat, there is nothing to blame on | from his custody, a tiger ftom his inenagerie, or let| Proved the correctness of that view, I waa also | intrepidity, of a self depending character, and of » disagree,’nor have I been able to arrive atany sa- Bap Ice.—We would again call the attention of} either side ; and with respect to the Distriet Attor- ourreaders, and the public in general, to the fact, | Ney» itismy duty to say usa magielvate,that nothing that over a hundred persons are collecting ice, for | this trial, that ought in the slightest ‘degree to mili- summer use, from some of the filthiest ponds in the reer eas te jut Trpotetine. He er cic ed a = i i is duty firmly, ably, and conscientiously, and wi molaereeneoe eae fiat have ba Sse deed the strictest propriety, as faras I have been able to the summer and winter, with the dea i see. Leaving these tnatters,it is my duty to lay be- hogs, horses, dogs, cats, ie. &c. In consequence of | fre you the law on this ease ; and to go.into some the successful sale of this filthy and unwholesome | of the wise rules and principles which pervade this ice last summer, an additional hundred have embark- ote oto eevee _ Sinicearecel = ed inthis enterprise. ur citizens must be on their be ante be intheories, the judges ‘of law’ and of dof whom they purchase this article. We will t—and as such, empowered to act; therefore, of yP fact—an 4 c t give a list of those ice-houses,with their owners, | first hear what the Statute Book has said. And all Lg he designs of th iserable and | C#M say is, as the representative of the government ye Be hapa KROHN Ea ae PORTO on this occasion, you oon apt auantion suck dirty collectors. observations as it will be my duty to address to you. 1 rl . | homicide, or rather the taking of the life of a Tue Monmons.—Theee illustrious saints, pro- | il Hombsitt, ¢f tivided into four Kinds just Gable sand philosophers have ‘‘ planted astake” in| homicide, excusable homicice, murder, and man- ity, and now hold forth every Sabbath day.| slaughter. The latter description of killing Sc their advertisement in another column. wre eran your vert ig" one “0 é ‘er H of distixetions between justifiable and excusable homi- Rewrs.—How are reats to be this aoa) Every | cide. It the case come within either, the prisoner thing is falling in price—ought not rents te come | |. antitled to an acquittal. Nevertheless, the law down too? We believe they will have to follow | does make a distinction between them; because in the eye of religion and morality, more blame at- abana taches to that called excusable than to justifiablo ery day only adds a new | homicide; to which latter in fact no blame attaches C Cong tall. For example, homicide is justifiable when shade of disgrace to the conduct of Congress. is isuinabedianre to the judgment a any competent 1 ess than a week, the Bankrupt Law goes into opera- court. As, for. example, when done bya sherifl, tion. Suppose there had been a general system of when carrying into ef ject the bebestof any court. Congress i ration at of course is quite defensible. e sheriff is pean ine =f oe ru; eck pai it not | the minister of the court. [Here his Honor told the puri pasu with the Bankrup' ) jury to consult their convenience as'to stand: have worked for the public benefit 7 ‘img up or sitting down, ws his remarks would be EN? : PR AE Fn protracted over an hour. The jury, however, con- Tre Pxesipent.—The popular movement pro- | tinued to stand for half an hon longer ] Secondly, ciel round the President, and give him | when done in execution of any legal process; as ei ia ithe sate is goin ahead very | when a sheriff has a capias put inte his hands, and pt ge a eae kills, the laws must be obeyed, it isa rare case; bast — but the laws oo be ee ep pny: gear ta Pmaperema—No further bank explosion, or | his killing no @ attaches in the eye of the law. 4 meude has taken place in Philadelphia, but some of Ta wae ears | seentotesh Feat 9g the paperstalk of the “Cincinnati spirit”—meaning, | these cases as instances in which not the slightest probably, “Cincinnatti fists.” blame attaches to the person, whom homicide is ae * committed. Homicide is also justifiable in two Tre Micctesevot at HAND, OR somETHING LIke IT — | other cases, into which this ease may come if you Banke are closing—theatres closing—and it really | so think. Firstly, when resisting an attempt to loose a mad dog, or ride ais unruly horse sat a prteanek Cimeelt oy Pine i the prewailan aithrpe, came f od yras deemed eee ar | nevertheless, it was the best evidence which the Lipase ope cgeente e beapemarene poerorgs that the de, | ature of the case required. I think so still, and bind yeas toanthonieen the weapon used, | Shall allow the like hereafter. Atthesame time, pen for instance, it Lahould take a pistol: roc know, | 1 state this in justification of myself, especially as ing whether it’ was loaded or not and’ point ita: | [understand it has been censured abroad. One ing whether uy bi tt off ith hes h Peted a2‘) other species of evidence was produced, which it & person, an if one it oe bent a PS is my duty to te!l yeu emphatically to lay out of design as SL ig hot et aah view. allude to that called “Colt'stonfession. "tthe walle f wk wo righ tpee toi im | difficult,I am aware,for a Jury or aCourt to exelude guilty of mu shee np: no} A loped:i tenfold Case | from their consideration, evidence which is not Comes withia that.; it is envelo out Mieat | strictly legal; but which has once been nid be- tery, but there is no pretence, so far as Tknow, that | fore (hem. ‘The eounsel for the defendant intro. it comes within this case, If, thea, wmarder ut all, } duced it in such a way, as rendered it, perhaps, iteomes within. the first clause, and was eilected |i nogsible for me to exelude it. He spake of it with a premeditated design to take the life of Sa~) tyhothetieally, and said he would use the first muel Adams. Now, as to that there must be @ pre-| 1 ofsou, and present it as part of his argument; meditated design. Aud here I differ from the Dis-| tnd here I do not speak in censure. ‘The learned trict Attorney, on the utmost reflection which |} counsel har been my companion and my friend; and have been able to give to the consideration of] h44 1 appealed tohis eandor, asa lawyer, as to the the principle ‘of law which did exist, before the | use he meant to make of it, he would bave d Revised Statutes, and in England. It was said] oq itst once. It is in, nevertheless ; but still i in England, that if homicide were committed by not evidenee. ‘I am now speaking to discrimi a person, and no account given of if, that was ing m and I know that you are capable of dis- in itself evidence of malice As, for example, if tinguishing between that which is adventitious, and @ person goes up at noon day, as a man did some | that which is real, Iam cenfident, that Ineed say fimne, since mnt road way, Aad Gite gaia ob 3h nothing more as to your daty to exclude this as evi- other—that, ye istric! orney y ies i ii i malice in the eye of the law. Now, I do not hold Bre retin as stogard At suilselyy geuldenes, t o J sofar as it goes te excnipate the prisoner. In that. Itmight be ground from which the jury might] Tooking atthe evidence, it is astéeis ing how infer pre-meditated design ; if @ person in the full! much it is. entirely and totally irrilevant.— possession of his senses, goes up to. an individual! And really this case lies, in legal phrase, al- and takes his life, and provided he, is not insane, | most ina nut-shell, presenting, perhaps, but one why a jury might, perhaps, be justified in finding | point for youre tration. “The testimony of the asa fact within their province that there was pre- | murder or homicide—of finding the body—all that meditated design. Bat I cannot say that it wasevi-| jong chiin of evidence which traced it to the dence of that malice, which asa matter of law, } ship Kalamazoc, and thence to the dead-house, constitutes murder. You have theretore a right to | is regarded entirely irrelevant by the admissions of find in this case that there was @ pre-meditated de-| the party that that is the body of Samuel Adams. sign on the part of John C. Colt to take the life of | Except in so far as it illustrates the character of Samuel Adams; and if 80, you will find him guilty | John C. Colt. So were also all the experiments in of murder But in order to obtain this result, you pistol firing. For I suppose it is not now must find whether there was this premeditated de | thought that that was the result ef a pistol sign or not. Now with respect to it, no definite | shot. I do not indeed understand the Dis- time is fixed by lawin which it may occur. It] trict Attorney as abandoning that ground—at might have occurred before Samuel Adams entered | any rate I left you to infer that perhaps it wa: the room of John. C. Colt ; he might have been] thejresnlt of sch an affair. It appears to me, brooding over it for weeks; he migh) have con- | however, that the jary ot authorized for a mo- ceived it the day before ; or on the morning of | mentin entertaining that belief. We have first the that day; or even after he entered the room, if| opinion of Dr. Gillman, the person who speaking there ‘was a ‘premeditated design—not in hot | from his recollection, describes a round circular blood, or the recult of a fracas, or contest. But if] hole, which he thought might have been produced juchas has rarely ever been brought into acourt of justice: Such at least are the deduc- SL a roi tradi tions I make of his character. But I submit the | thedoctors—the hype facts to you, as_twelve unbiassed men, better they were given, and able to judge of it than] am. And if you form the same opinion, it will perkaps: have its influence in leadin Eyou to judge of-the other circumstanges | insensibility. Had it not, the attention of of the ir. ‘To one ciréumstance, to which I = will refer, more importance bas been attached than By hel toe vesipnctien Rene ceo itdeserved. The question as to whether salt was | , agony h all the din ares condisey nseers found on the body.. I do not regard this as at all | wonid have failed tostifie. ‘For there is something material, except that it would show still more at- | in ihe ck of mortal agony, a uliar pote tentionjto minutic still greater niciety of caleula- | the ag: of fear, that ri be Seine the aie ot tion, still more wonderful presoience of coming |'g}] around it. That. there was a fracts the events, still morecare iu guarding against the pos- | gentlemen infer from the nature of the wounds and aible development of the secret. If he veasoned fr he testimony of Carolina Henshaw. That that it might become too putrid, and so betray the y is to be examined with care—but the im- secret, why, then, the putting in of the salt was in | pression om my mind was that credit was to be. keeping with all the other acts, though it did : giventoit. That interesting young woman pre — ¢ show greater atracity.. It is admitted, on ane side, | sents herself here undoubtedly under some unfa- that he did attempt to conceal hat, 100, by ee SI ; ns 1 achemo rarely equalled; that, in the execu | “wrhecueamatanecs. | She is destitute of virtne tion of it, as in the language of one of his Riad Tine tektites eats of purity in ich’ has fallen fr eloquent counsel, he worked as never man worked be- | we could all wivh her replaced. ‘But nothing is Proved against her but that she has takenone fore—and evinced:,a heart to ‘conceive, a head to. plan and a hand to execute any design! But whether salt | wrong step, to which she may have been driven by the overmasteringinfluence of human affection—of ited that no one pea ever accounted for the wound behind. Then there was’a fracas. The first wound was there or not, no matter. The salt could add nothing of wickednéss—nothing to the crime ! A We have nocvidencethat it wassalt. Atthe same | the StFomsest passion of the sutleeryereaniokrtie time we have‘the evidenee of Milliken and Denni- dest and the best. vivd voce examinati son, that there was some sub-tance resembling salt. ined courteously but strictly and se- But whether there was or not, I confess I ean- District Attorne: You heard her not discover; it is a matter comparatively imma- rtless manner and terial, and I think that the warmth and excite- WAS no anxiety to ment on both sides was entirely uncalled for. There | suppre: y thing—she did not pick was no excuse forthe remarksthat were made. It hn 4 the her phrases. She poured may have been a circumstance calculated to in- | forth ail rn statements as one had said, pao ths panic Sune, isp da Regs) hor} « Conscious of ite value, end‘carclessef ie strength.” becut up and salted down like the carcass of any | It may have been a story artfully. constructed ; of the inferior animals. But looking at it calmly, | but if so it was one of surpassing art, to show so as if it was merely part of his scheme for canceal- | little desire to tell, where much weuld have ap- ment, it takes the same rank with the other acts, | peared of value, eng certain to prove Li pon that go to disclose the extraordinary foresight, | The mark in the neck, she said, was small; it was providence, calculation and tact for concealment, | 20 bigger than asixpence. It wonld have appeared of Joha C. Colt.. Now, geutlemen, if t! advisable to have shown thatthe marks were large < not excusable or justifiable homicid and pomerous. But she did not so desire tosbape uestion is, was there any evidence of her statements and I confess that! believe her sto- now considere ry. (Judge Kent then referred to Octi inceés subsequent to the murder, let me | By of Yodo the box down stai; back tothe chronological erder of the evi- would account for the etiffr anteriorto Adams enteri Is | or pinch in theneck.) Yo su Scenes 1x Coneness,—E' re now, I believe, the whole case laid before hp nd it is” for you to . : ‘ Q : after Adams entered the room, he did form that | by a bullet; we have him a second time statin: say what does it prove. mm ? Because seems that all such splendid buildings will become | murder, orto cee ty er ees or | design, then he is guilty of murder, But supposing | that it was aol his impression that it wasa ballet, point, Wheeler, Seignette, aud Miss Hensha’ 1 said before, in a legal point of view, if there was enantless unless they should be opened for churches. | i" entering any awe’ ling oF pace ch such per- | not. ‘Then the questionis, is there any other crime | and gave his reason that the witness called from the tomb —the & pre-medidated design eves after Adams entered sons may be. If an attenipr,for fnstance, be made to in which the law includes this offence. This all. ; f y d d the abrasion on the other fsuch | t! 1 vidence of ditated de- | the room, then colt is guilty of the murdér. You” Certainly doomeday or. the milleneum is near. rab raly asright by ibe vy Pree wed ety the | brings me to the consideration of the last of the | a character as indicated that the ball, if it had boon Uistanediecteraiiot catering the room of John | have heard tke Verlons motives wiiue ‘tiny. bea land, to res r) i he c ; estoy a a' f New Booxs—We' have seldom or never been} (oron ao altamptig to kill me. Again, if bucglary three branches of crime I named in the beginning— | a ball must have C. Colt. What evidence there of design on | 8ssigned for the comm ct, and om this x Marstaventer—of which I said there are four| glanced off. So Dr. on to motice so rojnantic and soul-stirring | be attempted—my house is my castle, and I may degrees. This division of manslaughter is, per | nioo. And Drs. Mott and Rog. or history, as the lite of the Cocxress Esncy | kill the person who so invadesit Now I am not haps, not the wisest which might be made, if a | that it wi aware that the priconer’s counsel seek to bring | person mizht make so bold a remark. Neverthe- | you adop this case within this clause of the Statute. nis meat and truly beautiful work is got up in| ‘The scheme of their defence, dees not seem to fess, as it is a deviation from the common law, per- | be trusted in their art beyend the the part of Colt to get Adams mtohis room for the | subject let me read whi erpose of killing him? If you can see any, and s of his investigations of men—of human Tenth ensued, then you must render a verdict of » and the causes of human action, assigns as murderofeourse. The character of the man, as} | the lesding motives ofsuchacts:—. . delineated it, may have some influence here. sere ‘e with relation to moral conduct what writer, speaking of the ion of lay- , ‘ haps I may be justified in so speaking. Still it ; and if above ali that, you turn yeur attention aps, one of the ocircumetanc Ihave 1 power is to mechanics; and beth of these sp adid style, translated by one of those unfortu- ] embrace che words I have quoted from this bra:ich | oy duty to follow it. And yea on bring. thi ing othe evidence pegigits ee vi abana te on: ‘to connect together the various impulse are equally under the influence . nu > sons of Poland, J. K. Salemouski, who was | of the statute. Nevertheless, if you believe that | case within one of these degrees, if the case justi- | firearms, you may lay al the idence on that | eircumstances connected with this view of the | ofknown laws, a eet et mistives ead Wale > 7 the life of Adams was taken by Colt in resisting an | fies The killing of a human tain all her deeds of prowess, asa soldier ol the same eing, without a} point out of the case. And so to tl case,and they appear te bethese. Colttwas,pérhaps, | Tosulting actions it is imprac ‘mass of sure data attempton the part of Adams to murder him, or t f) 4 1 3 hen material phenomena only are in- “si br Bert . ss design to effect death, by the act of any other, | dence relative to the watch of Adams which oceu- | at this time in want of money. At any rate, from by ible to: dise all modi: a tre, It is illustrated with a portrait, repre: | to commit a ay wh him, then Colt is entitled to while one is engaged in the perpetr: ng of any Ted us adayor also taken away by the admis- | Wheeler’s statement, he owed him $15 for rent, Thug eesaunemered Leen Seintuet ope exaiae with se her in her military garb—perhaps in the J an acquittal. A felony means any offence that is | crime or misdemeanor not amounting to Tn | sion of the party that thewateh did belong to Samuel which he was unable to pay, and for the payment | unerring certvinty the true character of the motives of which he had given booksas security. He was | from which they spring. ar i e ‘of | punishable by imprisonment in the State prison. | 9 here it is murde! ssing her compeers in the cause cof] hit in order to disembarrass your mind from con: | yesh we int common law, Adams. Now,cutting off the vast mass of testimony. . . slaughter in the first degree. Let me expl: The testimouy of the two carmen, of the mate, the | also very urgent that the books printed by Adams An evil motive constitutes in Jaw, asin morals, the “ : . siderations that may distract it, I repeat, that the | here the law eays, when engaged in amisdemeanor, | nereon who took the body, of Mr. Elwell, of De SRouli e.om th Philadelphia, ‘I'hat be should get | essence of guilt; and the existence of an inducing mative Fee en a ee eee i ctanate . Tiee eas cate With: | something less than a felony. If a boy sheuld | a Forest, of the surgeousin relation to the pistol | in the proceeds, some G12) to $130. It ix aaid that | forthe voluntary acts of « rational agent i aseumed a8 hig eating one. President Tyler, Martin | 11 this clause of the statute. Then comesihe next | throw a stone, or a man. and that should kill| shot, of the Superiniendent of carts, the watch | the caw was borrowed the day before, to which the phar eliseebaeee libs peoktan nees deenettione Wan? Hon. Daniel Webster, Henry Clay, coarse agpeng ege Rag gh ee eke a person, the noe the stone would be | case maker, the engraver, oj Platt & Brothers, and | District Attorney scems toatiach sreatiapensmes: are invariably followed by corresponding volitions and Es er geatiemen of distinction, are pa- | mitted in a otal self-defence, when there shall a misdemeanor, and the killing would be man-| several others connected with thoze branches of | This evidence depends upon the testimony of Mee. It ie therefore indi¢pen vable,in the investigation Octon and Ridner’s man. In relation to Mrs. Oc | of moral actions, to look at al ie pega Be : ton and her husband, I may say that I have rarely | stances which connect the supposed actor slaughter in the first degree. And thus in England | the case, you find yourself reduced to the small circ! seen two persons in a cout of justice exhibit more | persons and things, and may have influenced his it is said; if A, intending to beat B—if done from | compass of whether it Tour reasonable ground to a onmmee a design to commit nceived malice or in cool blood—it is no alle- | design, or came under asttincmpiechanite a felony, (which, I said, I suppose this case does not ‘um i embrace,) and, secondly, when there is reasonable | Pi other / as Lbecpey by premeditated Sr om Fateare Mrssowni.—This tine steamer has f manslaughter, or viation that he did not intend all the ef that | justifiable or excusable homicide. Now, gentle- | cooluess of manner, accuracy of thought, aud pre- | motives. a ip down the bay and back, She was | ground toa prehend some great personal lojary. Now | followed. It Colt, reading from an English writer, | men, 1 shall consider this case iu three aspects. cision of language.’ But after all, is this cireum- | , The ssnal inducements to crime, are the desire of re- fovd (0 work admirably. We have been told by | You Will observe, there must be an evident design} | it Colt then intended in cold blood to beat Adams, |" 1. The evidence as affecting the occurrences be- : 5s — Pos ad stance of so appalling a eharacter—the borrowing Jector desire which rightfally belongs to another—or of tes who were on board, that the machinery sac. | Colt must have apprehended a design on the part of of a saw—the using it for half an hour—and the Preserving reputation, either thet ef general o or Adams to commit a felony, or to murder, or maim intending to go no farther, and in so doing killed | fore the event occurred. rer d beyond expectation. him, Or-he-tnust have hed: reasowable ‘ground to him—I pasar of course, without provocation, and 2. The evidence as affecting the occurrences locking of the door while doing so. It may e conventional reputation of sex or pr — _ death followed—that is murder at common law, | during the time the event occurred. have Seen to prepare the bex;] but it appears Selfishness and malignity are subtle a& wellas impor- corerine —J. Fennimore Cooper was at Albany apprehend t : Adams — a bg aaron says Mr. [ast ;and, says our Revised Statutes,shall | 3, The evidence as affecting the occurrences sub- |to me that the cirenmstanee oie sligt <e} Le pe tern wine peennth ganna role tw eee a: he last dates, The State Barber is thrown into mae have bean inmmtact dane be manslaughter in the first degree. Therefore, if | sequent to the event. form any proof of premeditated designs unl y ey to action, ' a " ai ou believe Colt engaged in @ fracas with Adams, nd in order to disencumber the ease,! sha'l con- a a design being accomplished. For | intending only. to beat hin, and killed him, it is | sider the last branch first—the cecurrences sub- Lerrea Bags rox Evnore.—Stcam ship Britannia | {AAmples it he siezed and raised a bar of | manslaughter in the first degree. Manslaughter in| sequent tothe event. [admit that the prisoner's iron fo sitike him on the wm, soasto break it, or | tie second and third degrees are very similar. | counsel is correct to a certain extent, ‘as to his wil! jeave Boston next Tuesday Her letier bags any similar mode of attack, the | was immi- | Passing over various divicone of facalangiter view of part of the occurrences subsequent to the wi! close to-morrow afternoon, at Hataden’s and | {:at ond he wasfastifiable in taking hi life. Istate | which do not apply to this case, such as admi: | death of Samuel Adamsas bearing on the crime it- Givin’e. {is case by way of illustration. It will beyhowever, | nisteriug dingy, and causing the death of preg-| self. Still they are of essential impor i pee Liat Bt for yon tg fay whether this case comes within this | nant women, and so forth,—the second de-| jadging of Colt’s charaeter, of his capac Mien Weatume—Yesterday was so mild, that | Prnen st the eras tO, then, the homicide ispro-| gree is this! The killing of a human being| crime, andthe nature of the man, And in threw- tir - oad overcoats were uncomfortably warm a wodow of bas y excusable, but justifiable, and | without a design to effvet death, in a heat of pas-| ing, as it wer pe et ee he heuboutansd B ag 1 <a attach to the pri sion,but in a craeland unusual manner, unless —to his individuality — previ >vexp.—We received yesterday, from Adame & ; d » second branch of homici to | committed under ces, will enable you to ind which I have said th eee ae > the Albany Journal of the previous evening. the eye of morals, dvughs nee shade of diiference in | excusable or just corroborated by cireamstances of a stronger | would be irrelevant to do so, since the subject properly Qancee: The stafhag ‘of the box with paper be) picky lepartment of moral science. struck me as a circumstance in itself ia some | ,,Itivaiwaysa ten, Gio eee degree fraught with inference. It did not oceur | Mretiy adequate motive can te cosignon ft oun on olor to me to examine whether that was reecatly done | operations of the mind are invisible and intangible, it is er not,—whether put in to stop the blood, or be- | impossible to ge further. Un ine or even great stress fore. ‘If it were put in to prepare the box, why it | must not be fai wpon the existence ofcireumstances sup- may be acireumstance that should so fae enter | posed to be indieative of motives; nor ought it in any into your consideration. Lastly, the fact pee case to supersede the necessity for the same weight of that the window was darkenoh and the key hole | proof, as would be @eemed necessary.in the absence of of the room door darkened be some evidence | #!! evidence of such a stimuius. ien—too readil; He ran santryclowdy day-~ | {Suet meszearne of mppese sere We have the testimony of one of | ‘compalinie w Ret ap Be 8 Liege fone spasms thereat. hall be deemed 4, which is indispensable to the formation of correct bs Mek in the eye of the law. | manslaughter in the ree. If Colt, then, the witnesses that he was usually in the habit of ‘ober judgement, While true iit, het “imputation, hat is excusable homicide. Where the law did | under circumstances, not making it excusable or sitting at the window int y-he-ag umstances. ..-lead directly te the door ew York axp Acsany.—Paseengers go through, may bere the Revised Statutes, that come blame justifiable hom je, killed Adams ina cruel and and thie warm weath: he: of truth, ust alse be borne in mind, that v.. ousatogic Railroad, in seventeen hours. applied to the person who committed it; but never- unusual manner, he was guilty of slaughter in stances which on a , = reievel rad ay ae theless, ia, consideration of the trailty of human | the second degree. Again, any person who. shall homicide had m ion of this case have evinced any resto the jenloun, caufirmations strong Vsenet sur Gangicn, arrived last Friday, sailed ees bp a i sag ah hee and passions | unnecessarily kill another, either while resisting dai ¢ i (Ms cece ad 7 - i ; Kent rdated of the variogs motiv: vento tet dwt te | Fo emma wey Ptennel soa | tnt By sake fer oom yf ere il A Ag Prepon oped oS eo oy : en a il es . tabs a © | leny or to do wal act, or after " u $ db i 3 Adame Chatnam Tweatme—As was anticipated, thie Gy coclierce mbloteee’ mages Les eyed svtempt sball hall also be deemed guil- | tainly the evidence 1 | was noold-gradge; they had been friends; A singular—as to convi theatre was filled to overflowing last evening. On| recting a child of servant. That does not apy 4 the 2d degree. That is to| sin 6 Monday evening, in addition to tie unrivalled spec- | Or by any fact committed without evil intent, wan tata) . eee nk Wiel oe Mf at aher share: Prisconducriat fe, and tacie of Und; th ie | nad with ordinary care. To take a ‘usual | the atten ey OF other unlawinl act, and afte: andthe dead! First, ie nadine, the new drama of the Mechanic ilinstration of Jaw writers, a ‘person in erect. | ‘\o° Sttempt failed, killed him. But that is not, 1) the living ae S ona horace. and the Oven, orthe Tower of London, is to be ing. « seaflold and using ordinary care in_ pull- tiling af sil the cose Bere. Bat then smth pea ot praia 0 Sipiaave:” produced. This piece lias, bc en got up at giewt &:-| ing dowa a house and in throwing down his bricks witha a iaone Faas Geum oe idagetens Wheeler rsa ngise in Colt’s room—a clash pense in’a style heretofore ansurpassed, and will orstones;a paswer by is killed, the wet Oe Gunny | rotbon, In any eave except such where the Killing | foils, aud.a fall of a heavy body om the fi no doubt richly rewafd the enterprise of te | “NO Sad no Punished ; for he used inary | is declared to be excusable or jastifiable homicide; | Hegre rprl cite. That of course does not apply. Now comes | j« m ughter in the third degree. First, it mast | Seignette manager. "ns other clause, which may upply. When com- f be Jone in the heat of'parsion’® ond then’ with & | st trsand ee fraught | had little or no merry and as to (he watch what Wheeler tried the door and | was he to alps ia the jfeathy Fesesaenee bend : i * in the coolue: nd it locked, I must confess it would have been a oe chew alt th ithe chanel ehae and the plait tor temper; its deceptive 5 Se rg Sy ghee ai ay ts te an it wes ifted hi aly 1 rivac. jomestic thant hee nor haract reould be » All these were to be taken, , fr that it was. These are all the cireumstances, | into account, together with the pecuftar situa- as fur as 1 ¢an recollect, that goto show any thing | tionand of both parties, and it was then. of peomeditation on the part of Cott ; and it is for| for the jury to show what Uegree of crime, if