The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-28
yeracity and reputation as law yer for the truth

veracity aud reputation Law yer, for the truth
OF the statement.
Mr. EMMETT then referred to the different sec
tons and subdivisions Of the statute IN regard to
nauslAu ghter As bearing upon the different degrees
of homicide He contended that what is eonsid cred
mauslaught liter under the English law amounts only
to justifable homicide under ours, and the present
case comes under this class the highest class OF
homicide known to our laws is a premedii ated de-
sign to take life. (Here he again referred to the
laws on this pOint.) We have two classes OF MUIR
der the statute books Of this Siate-ihose OF
Enes and Ezra White-where the Court Of Errors
have decided that the form OF indictment can be
brought stating that the murder has been will
fully efected-but the proof OF wilfhness or pre-
meditated desgn---must be proved by the
prosecution. "Premeditated design" means an
idea formed some time previous-such as lying IN
wait-od feelings Of ill-will, and pre-concered
schemes of bodily harm. He would abandon the
cause If the public prosecutor conid snow .hat
Colt privy to that meeting, or approved OF It.
The passions of Adams aud OF Colt were aroused,
and Colt in his own defence toek away the life OF
Adams II Colt thought that Adams came to his
great bodily harm, that then Colt was justified in
taking away the life Of Adams But it is for the
Court to show you under What branch other than
murder this act comes. But from the testimony of
Caroline Henshaw, which " c must all believe, that
she saw that mark round Mr.. Colts neck on that
Saturday, it is evidence that a severe struggling
had taken place. and probably an afray in which the
life Of MIR. Colt had been endangered. we have
twisted tightly within Mr.. Colts neckcioth, and
was twisting il so tightly as to cause suffocation
In such state where one party was IN imminent
danger and he struck blow that caused death
the blow was iustifsble. Mr.. Emmett also con-
tended that the mere using Of an unlawful weapon
in the heat Of an afray, did not properly con-
stitute manslaughter within the meaning of the
Levy was stabbed and killed in fight. There
ii appeared that two parties went out to
fight: after afew rounds it appeared that Levy was
stabbed in several places, OF one oil which wounds
he Immediately afterwards died. Here il was
proved that the prisoner had claspknife at the
beg Ginning Of the ARRAY. Judge Bailey charged the
Jury that if they found that the prisoner took the
claspknie into his hand when he first went out to
fight, that then the act was murder; but that hight,
if after the fight begun, he then resorted to the
claspknife, then it was only mansaaghter He
commended that If in this afiray between COR and
Adams, at the onset, both parties were on equal
terms, and that in the course of the ARRAY Colt
found that Adams had hold of his neckcloth, and |
was choking him, and that then he seized the |
Ratchet, and struck him fatal blow, that then this
was merely justifabie homicide mr.. Emmett
East's Rep, Up Russell, 1876; / Roscoe, 553-
Cos Barbour's c, T., p.2s; East, POS Back
Enoch's case in 18th Wendell Mr.. Emmett, also, |
in the Of his argument, went III the most iu-
cid and clear manner over the whole OF the English
Law, on the subject Of murder, granddaughter, and
nomicioe, explaining pa, 'no H.no vi ao'
that formerly came under the nam Of" chance.
meley", which was synonymous with the word
/" schau. mellee," or "hot atlray." Mr. Emmett |
then went over the evidence, as it has been given
in this paper. He showed from Adams's own books |
the following account between Adams and Colt.
Printing Book Keepiug $57 10 |
Old bill, 1870
Ssl 10 |
Receiv ed cash, 10 90
S7l 10
This 10 the sam put down by Adams; this sum |