The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-25
COLT IS TRIAL
court Of Oyer and Terminer'
JUDGE KENT, PRESDiN0'
FrrrH DAy-MoNpAY, JAN "a.


JUDoE kent, PsEsDlNo.
Firth DAY-MosDAv, IAN. "a.
Notwithstanding the intense cold and severity OF
the weather this morning, there was great ciowo
around the iron gates and the BACK entrance o. ne
City Hall, as early as nine o'clock and large
number of persons were waiting inside, aitnough
they knew tina, they could not obtain abundance.
The Court Room was filed ~ soon as the doors
were opened and among the audience were hve
females of respectable appearance, sitting imme.
diately behind Colt. The prisoner was employed
in reading and writing till ten O'Clock ne locked
rather hasard and care-worn, and had evidently
suffered Intense mental anguish during the last few
days. ~ =.
opening, but came in a few minutes. Mr. Seiden
was engaged in the Court of Chancery till eleven
o'clock.
The first witness called, was
JOHN JOHNSON, examined-ls cleark in Presby-
terrain Board of Fore gn Missions, City Hall
Place don't know Cell knew Adams since Jam
uary last saw Adams several times In Sept last,
and three times on the 18th last Saw him in his
Office aud in the Office Of our Board Of Foreign Mis-
siops, and him last that day IN Chambers street,
close by the post Office; the newspaper office;
think it was about three o'clock; might have been
little before or after; he was gsing from Centre
street to Broadway, the post office side or south
side Of the street; did not speak 10 him then; he
was on the side ak right in front Of that "a
that leads out Of The Park; was going from the
post office to City Hall place at the time was go
ing down straight to tue Chambers street gate, and
he paIssed straight ON towards Broadway; think
he didn.t see me or he would have spoken; look
ed afte81fim till he was immediately opposite the
steps Of the newspaper office in Chambers street;
turned and went home; never saw him after
that; IL saw him before that day between IL and
at his Office in Gold and Ann streets; went to his
Office to call for proof Of monthly publication
he was in the habit of printing for u.s. he didntgve
me proof ne said
EMMEPr objected.
WulrING said it was part of the res jesta.
MIR. EMMErr said he objected to all that Mr..
Adams said at any time.
Judge Kssr. said that the Court would exclude
all that Mr. Adams said as not part Of the res jesta
except declarations made before death, in view Of
death. -. ll+.I-
WHIrIso insisted he could show that Mr.. Adams
stated to third party. He would refer the court
TO some authorities-in Phillips. s
CoURr.-Are you going to argue the point.
WHIrIHo Only to show some authorities in
Phillips evidence. 4r-t .yttgtt
Judge Kssr. What volume win you have!
WHIrING.-The I'd volume-by Cowan.
He afterwards read from LIST Phillips',p. 23l, a
the admissibiiy Of certain portions Of hearsay evil
dense. -- tts.
Judge Krsr : The Court is perfectly familiar
with all those points.
WHrrrNo then read note by Cowan, page 345,
notes ~ and 445, and note AT. He said these
were all the authorities he should give now on the
subject; il ] wish to show act, which can do,
the declaration Of Adams was part of the act, ~
to why he did not give prsof to Johnson.
The CouRr read from Arehibald's criminal plead
ings as to hearsay evidence, that could not be adj
mtted, and hearsay that could be admitted &c
sitate. If Mr. Whiting could bring this declaration
within the rule, among those exceptions mentioned
BY Archibald, a. qualifying the act itself it would
be admissible. The cry of the mob in Lord George
Gordon's case admitted as qualifying their acts
at the time. If Mr.. Adams said where he was 90.
ing, or that he was going to see Colt that might be
admissible.
wIrsEss-He did not leave the Office while
was there. He was engaged making small wedges
to wedge mp the forms.
Cross.eramined by EMMErr Il last saw him that
day about 8 o'clock | was downtown at Bank
Of America or Rank Of New York locking up At
the time piece there, and saw II was near o'clock;
and on my return from there saw Mr.. Adams
Il was near the closing of the Bank First saw
him near the centre Of that gate. Did not sec in
By the lCoUsr-Did not see him with any thing
in his hand. IN IS 81. -si.ls.l ~
By EME Err-The second time saw him that
day was in the Board Of Foreign Missions. He
had on ablack hat, black coat, and dark panta-
loons-not certain about the color OF the pants:
no; recollect the color Of the vest. fix the time
Of seeing him at bis oflicA, by not seeing any one
else there but himself; the workmen were
all gone ont / suppose TO dinner; | had
then come from eur Foreign Mission Room.
| was not going home to my dinner at that
time; I usually dined at o'clock or afterwards;
no certain hour. Remained not more than ten
minutes in his office at that time went back to the
Mission Rooms; don't recollect whether took
dinner or not; that time saw him in the Mission
Rooms he had brought up that proof called for;
he didn't leave il with me; not my duty to exa-
mine IL. Isaw him with il waiting till it was cor.
rected; can't tell how long he waited for that pur
pose; can't saw saw b m 60 away from there;
the proof wasS pages; l saw the editor was occu-
pied examining It at the time saw Adams there;
cant tell how long he was delayed there then,
that being the last proof; Lcan't tell how long il
would have taken; can't tell how long il would take
to examine and correct such proof; sometimes il
takes longer, sometimes shsrtcr time.
HAMMERsoN BRAINARD erGmined-Isa jsweller;
does business at log Reed street; am a co-partner
l1he gold ,ca,ch sho,cn TO him. bought that watch
Platt u Brothers, Maiden laRe-in the fore part Of
from August, 1911. Isold il to Mr.. c. II. Post lS5
Water street, or between him and Mr.. Ransom =
Post had it Of me-ths watch wsula sell for $50.
have the watch charged to Mr.. Post on the l7.h
o. Augus;5The entry 10 on thatday. Don't know
-Frgy eT--nincd--I don't know the number Of the
watch. Ikro,c TIE tcatch from the general appear
anoe eft. Could pick II ont, probably from a hun
dred There is nothing peculiar to distinguish il
from other watches. bat the peculiar engraving Of
the back-it has temple on It. 1t was not done
by mel didn't see il done. Don't kno,o that this
hyd IF ENGRAVING is psc,diar 10 that toatch Have
seen a similar Style of engraving on other watch
es-Cant say whether the engraving on that par
tcu ar watch 10 Psttern or copy OF any particular
design. Don't kno ~ what temple that engraving
represents-Think the engraving is dsne by
hand. Have seen great number OF packs and
dials engraved, and have always seen them done
by hand-they mug be done by machnery-but
should think not; don't kaow that that style Of en-
craving on watch backs is done by machinery
Am not a watch engraver--Am particularly &C
quaiated with the manner and process Of watch
engraving. 1t is a separate branch Of the business
II that watch is the same one it was SO engraved
when we pure aased it. When bought that oil
Platt g. Brothers, saw others, and had another al
the same time; bat don't think ever saw two ex-
acty alike mot Of the same pattern Of engraving
They had other watches at the time, the backs OF
cases OF which were engraved. 4 did not look
over the whole Of them. purchased none at all al
that time. took two with me, and returned one
back. -
DAVID Downs called. No answer
present,
Mr.. Pcsr called
No answer.