The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-25


should have been named in the Indictment so as TO
give the prisoner an opportunity OF preparing for
and meeting it in his defence. II IT was not so,
the testimony could not be admitted.
Here Mr.. SELDEN read the rules regulating evi'
dence, from " Roscoe's Criminal Evidence" He
also read the indictment.
CITY AND COUNTY OF Nav YoRK,ss
The jurors Of the people OF the State OF New York. IN
and for the body of the City and County of New York,
upon their oath presentTha John c. Colt, late oil tn
Third Ward Of the CITY of New York in the County Of
New York aforesaid, lborer--not having the fear OF
God before his but being and seduced by the
insgatlon Of the devil the seventeenth day of Sep
tembcr in the year OF our Lord thousand eight hun
dred and forty one, with force and at the Ward,
City and County Aforesaid, in and upon one Samuel
and there being, felonousy wiliuly and Of his malice
aforethought did make assault that the said John
C. Colt with haehef Of the value OF six cents, which
he the said John c. Colt in his right hand then and
there had and held the said Samuel Adams in and upon
the right side Of the head Of him, the said Samuel Adams
then and there sionously wiiiuly and Of his malice
Samuel Adams, then and there with the Ratchet aore
said in and upon the right side Of the head of him. the
Of three inches and Of the depth Of six nches OF which
said mortal wound he the said Samuel Adams, then and
there instantly died.
And SO the aforesaid upon their oahs aforesaid,
do say that the said John c. Colt, him the sad Samuel
Adams in manner and form aforesaid feoniousiy, will
fully and Of his malice aorethought did kill and murder
ainst the form Of the statute such made and
provided and against the peace OF the people OF the State
AID the Jurors Aforesaid upon their oath aforesaid do
further presenhat the said John c Colt late Of he
Ward City and County of New York aforesaid, not hav
ing the fear Of God before his eyes, but being moved and
seduced by the of the DEVIL wit:
on the seventeenth day Of September in the year last
aforesaid With force and arms at the Ward, City and
County OF New York aforesaid in and upon Samuel
Adams in the peace of God and of the said people then
and there being felonously, wiuiy and OF his malice
aiorethough did make another assault and that the SAID
John c. Colt with certain instrument TO the jurors
aforesaid unkno9n which he the said John c. Colt in his
right hand then and there had and held the snd Samuel
Adams in and upon the right side Of The head Of him, the
said Samuel Adams, then and there felonousy wifuly
and OF his malice aorethought did strike and cut giving
to him, the said Samuel Adams then and there With the
said instrument to the jurors aforesaid unknown in and
upon the right side of the head Of him. the said Samuel
Adams mortal wound OF the breadth Of three inches
and Of the depth of six inches, Of which said mortal
wound he the said Samuel Adams then and there instant
ly died.
And so the jurors aforesaid upon their oahs aforesaid
do say that the said John c. Colt, him the said Samuel
Adams in manner and form aforesaid, feoniousy, viii
fully aud his malice sforehough did kill and mui DER
against the form Of the statute in such made and
vde against the peace Of the people Of the State Of
And the Jurors aforesaid upon their oath aforesaid do
further present. that the said John C. Colt late oil the
ward city and county OF New York aforesaid, not hav
seduced by the instig Of the DEVIL ards,
w.t. the sevente nth Gay of September, IN the year
county Of New York aforesaid in and upon Samuel
Adams in the of God and Of the said people then
and there being elonously wifaily and OF his malice
sforethought did make another assault and that the
said John Q. Colt with certain Ratchet Of the value Of
six cents which he the said John c. Colt, in his right
hand, then and there had and held the said Samuel
Adams in and on the head OF him the said Samuel Adams
then and there fsoniousy wliully and Of his malice
aforethought d strike and giving to him. the said
said and upon head Of him the said Samuel Adams
mortsl wound os the breadth Of three inches and
he the said Samuel Adams, then and there died.
And the jurors aforesaid their oahs aforesaid
do say that the said John c. Colt him the said Samuel
Adams in and fern aforesaid, ielonously, vii
fully and Of his malice aforethought did kill ana muir
der against the form othe statute snch se made and
S0e of Ns eWa YORK and their dignity
Aud the jurors upon their oa.hs soIcsaid do
further present that the said John G. Colt late OF the
ward city and county Of New York Aforesaid, not hav.
ing the fear God before his bat being moved and
seducsd by the instigaon ofhe devil serw ards 70 wit
day Of Septebef, In the year last
aforesaid with force and at ths ward, city and
county OF New York aforesaid in ard upon one Samuel
Adams the peace OF God and Of the said people, then
end there being elopiously wully and Of his malice
sorehought did make another assault and that the said
John C. Colt with certain Instrument to the jurors
aforesaid unknow H. which he, the said John c. Colt in
his then and there had and held the said Sam
uel Adams In and pom the head OF him. the said Samuel
Adams, then and there elonousiy, wfuly and Of his
malice aforehorght did strike and cut giving to him.
the said Samuel Adams then and there with the said in
the jurors aforesaid unknown, in and upon
the head Of him, the said Samuel Adams, mortal
wound of the breaeth three and depth Of
six inches, and Of which said mortal wound the i'd
Samuel Adams then and there died.
do say that the said John c. Colt him, the said Samuel
Adams in manner and form Aforesaid, foliDously, vii
fully and of his malice aforehought did kill and muir.
der against the form OF the statute in such made
aud and against the peace OF the people OF the
State of New York and their dignity.
JAS r. WHITING, District Attorney.
certify the proceeding 10 be true copy Of the In
dictmen,s now in my Office Sept 2s lst.
J.R. WHITING, District Attorney
Mr. WHIrrsG here said, that when he prepared
At l. Lol tAAn hat md n had
been used. He was Tor a long time.in doubt how
Adams death had been oc casioned. Sometimes he
had thought II possible, that he was killed by q
pistol ball; and il was not till after the adjournment
ON Thursday, that he learned that a ball If rdmmed
home tight in Colts pistol be discharged b. a
mere percussion cap, icithos scarcely any ose what
eur only rerys!ght NOISE, and sent across his
room, something like the noise that was described
by Wheeler and Seignette. He now thought it very
probable, that Adams was killed by such ball
from snch such a pistol, in such way; and ne
wished to show by MIR Do La Forrest, that pistol
bal can be SO discharged, wi bout powder. These
pistols and arms are superior to every other KIND
Of weapon in this respect; the cap applies Itself
directly to the breech Of the pistol and drives the
ball further than any other weapon. And wish to
show by this witness, that ball was discharged on
board the Belle Poule, from Colts pistol, by using
only percussion cap and no powder, and the ball
was either buried or made strong indcntation IN
hard piece of wood. | wish to show this; and II l
do, still this jury may consider that II has nothing
to do with it, and that no pistol was used
Mr. WsrTIvo then exonerated himself from neg
ligence in drawing the indictment.
Judge KENT said that the gist OF the argument
turned upon the fourth count, stating that the pr-
soner did strike and cut. 49,.
MIR. WHITING said he should not attempt to an
swer an argument Of that kind.
judge XIX Mt said that the Court would not decide
this till after the recess he alluded to the stret-
nossl with which the law holds the indnctment
must be proved: instan ed The case where a man
was charged with killing with ieaden bullet, when
the ,cadding the cause OF death, 1t was held to
be fatal; so in charge of killing by cutting with
brick when the fall on brick curb stone il was
held to be fatal They would decide it after dinner
(Hcre the Court adjourned for one heur)
Afternoon Sessions
Rev. Mr. BLAKE called.--No answer.
Mr.. WHIrrLEsEY called. No answer.
BENZ. LEVER examined-1s city wstohman =
Heard no one testify about the box. went to MIR
Ball to get some kintlug wood; the cell where
we got usually was locked up; went to the ne