The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-28

then had reference to the examination OF TINS Pri-
soner.
| Justice TAYLOR recaLed.-The examinations o
| the prvies were not done by my knowledge, but
invariably recommended both privies should
emptied; met Selden in Broadway one morning
told him the privy in Madison street had been emp
tied but that from the construction OF the privy in
Chambers street, nothing could have been thrown In
Mr.. FouLKK eranined-He superintendent the sx-
animation Of the privy in Chambsrs' street; the
other nightlast Tuesday night at twenty eight mi
nutes past eleven, foun SHIRT; at twelve O'Clock
found piece OF a shirt and whole shirt, at half
past twelve found bundle tied up and kind OF a
JACKET; also at o'clock found pair OF drawers
and two to wels the bundle was beneath the second
and third hole, about an inch beneath the surface
one Of the men cried out, halo, here's boot a"
Justice TAYLOR was asked by SELDoS if he had
not told him that these things had been throwa
down in the privy and could be got out.
| WHITING objected
| MIR. A. b. BLAKr eranined-(Pencil shown to
| him.) Thinks that Mr.. Adams carried just such
| pencil as that now produced here; remember II
from the sound the air makes in drawing part OF the
case of; saw him carry such pencil just before
| his death.
| Mr.: MoNAHAN eramined-(Key shown to him.)
This is, no doubt, The key OF MIR Adamss office 1t
was the he carried in his coat pocket just at
the time Of his death.
| Dr. CHILroN eraun,ed.-The acid in privies will
act on iron and corrode it, if it lays long time;
also silver; lit will discolor silver, and if the
silver is not good, will be corroded; it's uncer-
ored can't say how long it would take to discolor
them thus in prvy The actien of this acid on
cloth would be triing; the action on shirt stained
with blood would be such to take out the disco
oring made by the blood.
Nj WHITING and MIR. SMITH then cited the fol-
lowing authorities, on which he should rely.
CIRcUMsTAETIALE vipENce-l Starkie, Al and
1873; i Philips, 156.
Proof Of Malice-2 Starkies Evidence, $50;
Roscoe, 65l; Roscoe. 6Sl; l RUSSELL 4OS; 4 Dali,
ZIG; Enoch's case, Is; Wendell, l59; Hawkins,
1885,
| Where Death is Secret.-2 Starkie, 95s.
| Words OF Provocaton in Excuse Roscoe, $50
| As to Premedita,ion.-l Browns Rep, Ap. ls;
Randolph, 72l
That the Instrument used i, Evidence of Intent.
i Ashmead, 2S9.
That Prisoner must show that Offence is of
| Mitigated Character-Roscoe, 652
| As to Discrepancies in Witnesses Philips
The Weapon used is Evidence Of Intent
lasts Pleas of the Crown, 242; I'd Hume, Si;
GsrJ1s.on and I Rsice - S1 a,d hils s c.
| The Court then adjourned till four o'clock.
Afternoon Session.
Immed lately after the Court opened,
NIr. EMAErr rose and said, that he was surprised
at the taken BY the District Attorney, after
| it had been admitted that the homicide had been
committed That after he had obtained and used
abundance Of proof Of the killing by the Ratchet,
that he should resort to the testimony in relation to
the pistol He then went to state, that he would
now read statement to the Jury. (Great sensa-
| tion) He said he would use the first person, and
consider himself ia Colts situation. He then went
on to read the following
Confession Cow.
Samuel Adams called on Friday at my Office, as
near as recolteet, between the hours o! and
| 4 O'Clock. Whethsr he had any special object in
view in coming 1t that time or not, l cannot say
When he entered my office, was sitting at my Ia.
be, usual, and at that time engaged in look
| ing over manuscript account book, as had been
engaged in this work for one or two days previous;
that is, was reading over the entries and recon
siderng the arithmetcal calculations belonging TO
| the entries, g.. Mr. Adams seated himself in q
chair near the table, and within arms length Of
my self, near, that had both leaned our heads
| forward towards each other ! have no doubt but
| that they would have touched. spoke Of my ac-
| count, which he had at my request handed to me
ten or twelve days before Istated to him that his
account wrong, and read to him at the time
the account, n had made it out on another piece
OF paper, and him to alter his count
had IT. He objected to at first, saying that did not
understand printing. He however altered his figures
| mark that would give $40 or some such sum il
was not right. After he had altered his figures,
and on looking it over he said that he right at
| first, and made the remark that l meant to cheat
him. (ln the mean time we had both been fsur.
| ing, on separate paper, parts Of the account:)-
| Word followed word till It came to blows. The
words "you lie !'4were passed. and several slight
| blows, and until received a blow across my
mouth, and one which icaused my nose slightly
| to bleed. / do not know that felt like exertins
myself to strong defence. believe then struck
him next violently with my fist. We grappltd
with each other At the time and found myself
showed to the wall, with my side next to the table
| At this time he had his hand in my neck hand.
kerchief, twisting it that could scarcely
| breathe, and at the same time pressing me hard
| upon the wall and table. There was hammer upon
The table which then Immediately seized hold of,
| and instantly struck him over the head. At this
| time think his hat was nearly in my face, and his
LII. 1o.--- Il. 4
hesaw me seize the hammer. The seizing Iof the
| hammer and the blow was instantaneous. think
this blow knocked his hat off, but will not be posi-
| tive. At the time only remember OF his twisting
my neck dkerchiefs so tight that it seemed to
as though | lost all power of reason. Still
thought was striking away with the hammer
| whether he attempted to get the hammer iron
me or not II cannot say. | do not think he did.
The first sense of thought was il Sc ems as though
| his hand or something brushed from my neck
downwards. / cannot say that ] had any sense
or reflection till heard knock at The door. Yet
there is faint idea still remains that showed him
of from me, that he fell overs but of this cannot
say. When heard the knock on the door, was in.
stantly startled and am fully conscious of going and
turning the key so as TO lock it. then sat down,
| for felt very weak aud sick. After sitting few
minutes, and seeing so much blood, I think went
and looked at poor Adams, who breathed quite loud
| for several minutes, threw his arms out and was
silent. r. ,llect at this time taking him blythe
| hand, which seemed lifeless, and horrid thrill
came over me, that | had killed him. About
| this time some noise started me | felt agitated
| or frightened, and think went to the door to
| see il had fastened il, and took the key ont
| and turned down THE slide. think sto cd for
| a minute or two listening to hear if the affay
| had caused any alarm. I believe then took a
| seat near the window. 1t was a cold damp day,
| and the window had been closed all day except
ABOUT six or eight inches at the top, which let
1 down, when first went 10 the Office, and which
remained down all the time occupied it. re.
| manned in the same seat ! should think for at
Il
less il was to draw the curtains Of the window
| close, which were within reach My custom had
been to leave the curtains about one-thlrd drawn
fran the side of the window towards Broadway,
The blood at this time was spreading over the
| floor. There was great quantity, and | Eel
alarmed lest It should leak through into the spothc
carries store. tried to stop it by tying my hand
kerchief around his necktight. This appeared to
/ do No Uool I then Iook ed ahonA fl,a rnoru for