The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-06
"Reminiscences OF Colts Trial.

out occasionally, in the absence OF excruclating.
interesting news from Europe. We give to-day
our reporters notes of the eloquent speech OF OH
c. Morrell, Esq. the cousel who opened The case o
Colt for the defence Ii is worth reading We have
also critical notes of the speeches of Messrs Whiting
Selden, Smith and Emmett, which we shall publish
one of these days. 3
Mr.. MoRnzLL.-May it please the Court, and
you, gentlemen of the Jury-We have now arrived
At that stage Of this trial when the most solemnt
most onerous, and most difficult part of their duty
dcvolves upon the prisoners counsel. After hav.
ing already consumed SO large portion of your
time, and so severely tested your patience while
investigating the evidence for the prosecution il
now necessarily becomes my duty more minutely
to examine that evidence, and bring forward such
rebutting testimony in my opinion must fully and
efectually wipe oil at once and forever that foul
stain which now sullies the name and fame of my
unfortunate ellen, and brands upon his brow the
greatest crime denounced by Heaven or punished
BY mantle murder of fellow being You have
arragned before you young man just entering in.
to life, in the spring tune OF his existence, placed
by circumstance beyond his control in the most
fortunate and pitable situation that befal hui
man being this side the grave-with no earthly
friend but one, on whom he can call for support or
sucsor, only brother to whom alone he can look
for consolation, in this most trying hour Of his
need-deprved by misfortune Of the assistance Of a
father, while, has already been shown you, gen
temen, MS nOther ana hls sisters nave descended
to /" that bourne from whence trave ler returns"
And merciful indeed has been that dispensation of
Providence which summoned them to better
world e'er they witnessed scene which must ha We
sadly enbittcred the remainder OF their life in
this. Here the prisoner wept bitterly.J Gentle
mon, address Jury Of my fellow men; and if you
possess but the ordinary attributes of humsn nature
your spmpathies must have been excited for tho
prisoner during the progress of this trial. know
they have been excited, and sure am you feel an
ANXIOUS hope that he will be able to show o your
selves, the and the world at large, that he is
not guilty Of the crime with which he stands chark
ed. That your hopes will be realized, gentlemen,
appears to me hardly the subject of doubt. Ere
this trial be concluded, we tru-t to show now sa-
tisfactorly and conciusively that the prisoner at
the baris gutless Of that crime for which he stands
arraigned before you. if indeed he be guilty
of any crime at all. But, gentlemen, while
your sympathies have been not improperly
excited on behalf Of the prisoner at the bar,
we must not forget that others also connec-
ted with this cause have had streng claims upon
your feelings we must not rget the heart strick
en- widow Of the dead-she toe has had her share OF
suffering during the progress Of this melancholy a
fair. We feel, and feel deeply her situation, and be-
lieve that amidst the immense crowd that fits this
court room, not one individual amongst them feels
q moro sincere or heartfelt sympathy for her han
John G. Cot, the prisoner ut the bar. But while
ve sympathise with her, must not forget to en-
quire what does the law, what do the people de-
mand and expect from US on this occasion The
law demands that the prisoner shall be tried and
fairly tried on this charge and the people ask thst
that law shall be fairly administered, and justly
but mereifully executed; that this prisoner shall
be inpartially tried by jury Of his fellow citi-
zsns, solely upon the evidence which is brought
before them. But while this is demanded BY the
rejecting portion Of our citizens, all know that
IN every community there are men Of passions so
strong, and prejudices violent, oftentimes to
mislesd their Judgment, and carry away their rea-
son captive, aud that if such feelings and excite
ment were to have sway, or unduly influence the
less, would oftentimes not only be condemned
without trial, bat punished without cause.
You, gentlemen, are solemnly called upon by your
oath. to lay aside oil feelings for the prisoner and
Adams, aud especially must you disregard either
public clamor, or public prejudice on this solemn
occasion you must approach its consideration per-
fectly free from all passion and all prejudice, from
proach this cause with hearts perfectly pure and
unbiased. determined 10 do jastice between the
prioner and the people, but to temper that justc
with mercy. that mercy which belongs to the law.
inseparabs from il and its highest attribute. you
have entertained in your breasts any, even the
slightest prejudice against the prisoner, you must
now il you have not done it before, eradicate those
feelings, and sit in judgment calmly, justly,
truly, and perfectly free from bias. One of
my associates in this cause, who has tsld you
that he was not learned in the criminal law,
has conducted this cause, step by step, with the
utmost and skill, and had you not, gentlemen.
observed the minuteness with which the District
Attorney went over every point and particle OF
this testimony, you mgh have been surprised that
we should consume so much ofyour time and patience
in following out that evidence on the cross-ex a.
mination, But we were determined, as became our
duty, to coatest this case at every pout to watch
every tribe from its origin through all its minutest
ramifications and bearings upon the case; for as
the learned District Attorney would tell you in
his summing up, "trifles light as air, when united
tell powerfully AGAINST the prisoner in ouch case,
and thi is the we have conducted this
As we have done; however much we may have
wearied you, it weuld have been much painful
to US had we neglected to do so. This is a trial
that may affect the life Of this prisoner, and every
man you all know, will fight to the last gasp for
that life which his Creator has given him. Al
the time il is not tho desire, ii has not been
the course, is not the duty of his counsel to dis
tort facts pervsrt the truth but 10 their duty
a. it has been their aim, to see the law fully ad
ministered, and Justice duly melted ont to all
Now let well understand what 10 the charge
for which this prisoner 10 placed upon trial 1t is
well that should lock to this point for after all
gentlemen, it is you who are to pass finally upon
this matter. Yeu, the court will tell you to
be the 6nal judges Of the law and the facts in this
ease. There were some remarks of his Honor udge
Kent, this morning (and SO far as talent, learning
Justice, patience, frmness, and indeed mercy, are
concerned, we feel bound to admit that they are
possessed in an emiaent degree by his honor,) in
relation to which differ with the court in the de-
csien they have made, though do so without dis
respect to the learned presiding Judge but by that
ecision we are called upon here to answer to the
| charge Of having shot Samuel Adams /! and we
called upon to say why we shall not be con Wet
ed Of this charge. And yet the indictment upon
which we were arraigned at the opening Of this
cause, called upon us to say why we should not be
convicted Of taking the life Of Samuel Adams by
blows with Ratchet Now can very well un.
derstaAd the motives Of the District Attorney il
taking this ground. He found it was impossible fol
him to suhstantiate under the evidence before you
how the life of Adams could have been taken will
| Ratchet and therefore, a. q last resource, h,
now endeavors to prove that II has been taken will
| a pistol. Now, gentlemen, let rs first wha
murder is for we may well understaBd thi
point accurately. Murder, according to thu
law Of England, according to the ofd common Law
definition Of the crime, 10 the voluntary killing
human being with force and arms, under III,
| kings peace, and with malice aforethought, ex
pressed or implied. And il was upon this definition
Of the crime that the decision Of his Honor wal
| based this morning. This was the state Of thing
before the statute brought 10 70 define the crime
Of murder within correct limits; and under the old
law. in order 10 DrOve eyDreaaed malice. IL WQs