New-York tribune., 1842-01-26

this, we are aware that prejadice, withou; thought
! or judgement, wall Often coavict priSsier as
hesrd e1,irey Bst-vo.,s7 ge,ster,er,,s must lay
ASIDE al thess feelings yon must disregard the
feelings not oay OF the -ri>oasr, bur OF Mrs.
Adams, and eS7ecisl!y Of the popQiacc You must
sPrruach The consideration Of ;his cause tempered
oE the attribute OF mercy which belongs 10 the aw.
/ II You nave aroused rejadice y.u must now ers-
acate II, and enter upen tbs subjec, calmly and
without The slightest bias
io on must have noticed the niauteness OF the
( examination by the District Attorney You msv
/ lsvr been surprised that we should have consumed
50 much OF your TINE; but we determined to fol-
low the matter from ii. nnu,es, origin snd through
ail its particulars. Let Us then understand vi hat
this charge sgainst the prisoner is The Court vii!
charge tbs, you are pass finally upon this mater
Now what is this charged Why. according 10 the
decision this morning. orougS; into Court
and asked what We have 10 say why shall not
be convicted OF charge OF having SAC, Samuel
Adams BIT the Indictment asks us 10 say why
we shallao bs convicted on change al Saving killed
Saauel Adams WIKI a aatchet
Now what Is MURDER According 70 the cora
men law i; i defined be the voluntary killing OF
pegsos, under the hinss peace, of malice atore-
thought And upon this definition His honors
decision based Before the Statute came in,
il was only necessary 10 prose the nalics-,o prov.
previous threat: bu, il person in a quarrel with
aaother .hsul strike that e,her WIKI q Ratchet, il
would be said that there implied malice.
But the Legislature IL examining this HAYS
solved to say-that. inasmuch US inerc il great
variety of decisions in this matter, Murder shall
De wha, they define it 10 De.
The ground taken BY the prosecution is, that the
instrument used is sufficient prove malice afore.
E,,t ,b,-
Is perpetrated from design to cause thc death OF
human being, it shall be murder
An was also passed 10 show what implied
malice should mean; that the killing OF another
without malice aiorethought should be manslaush,-
OF. And the Public Prosecutor is bound 70 show
reconciliation IN the murder.
But We Shall! shew you beyond all doubt that
there was not killing which would cosvict of the
third degree OF manslsushtcr. Weake the ground
that the homicide, il shown At all by the testimony
of the prosecutions ,coS juStifa5ie the case OF
Ezra Whi.e. so ably carried On by our cllow-citi-
zen. David Graham, Esq. twas decided that upon
! on an Indictment Tor murder, express malice must
/ DC proved or the prisoner cannot be convicted.
Now nave the prosecution done this Has
/ single particle of testimony been brought forward
10 show reconciliation This remains Tor you TO
answer. do not wish TO state before hand what
testimony /, to ae introduced; bu, | think we shall
I bring forward enough TO acqu;t John c. Colt. of
the crime laid TO his charge.
- According to the decisions also of the Tennessee
! Courts il is also necessary thar express malice
( should be proved ii it is doubted whether 1t be-
+ murder or munsIaughter and Goub whether It
/ murder done in scdeiencc il sufficient 10
ncIlit the prisoner Provided, although the evil
dcnce is strong, there is the slightest vacciation III
/ your minds you are bound to acquit the prisoner.
Now WIS caused Adams to 90 to Colts I Is
there any evidence that there was any appoint
,neut on that day. Lsoll through the whole tes
! nony, and you viii see nothing OF the kind. has
ever any thiag been said against Colt by Samuel
/ Ada,ns-or the reverse7 Nothing-thcy conversed
together on matters of business with perfect cor
/ dality.
/ Now if John C.. Colt intended ia murder Adams.
would he, in 4 room adjoining school room, in
a buildlAg exposed To tire visits of the whole com
munity, have chosen then to perpe,rate the decd
Would he not have been deemed frantic to have
done 50
Every thing bn- Lcen said against Colt by the
papers that could be said to prejudice his trial.
But we shall be able to show thar he had in his
room the box the awning am, tho uteher and all
these articles from the time he first took it until
his arrest. He purchased of them, as haa
been often charged, for the OCCASION But it is no,
Inc DuTL OIL We opening CuuHoSi "" -''aii the
testimony. liz il sufficient state the genera,
/ facts on which rely. No person Adams
and Colt together but the Almighty no enc knows
what there occurred.
I But there is such thing Providence pro-
4 viding acqutta even in such cases this We
shall show by collateral piece of testimony that
I Colt must have been exposed as left such an
appearance, and his actions show it also, that he
was acting purely in self defence. We shall show
you, from the testimony concerning the nature OF
the blows, that they must have been inflicted in
srlt-deience.
| must confess that it struck with surprise
thai man, like Wheeler, who sworc he WAS not a
coward, should go and listen, call in others and
converse il over when he could have thrown open
the folding doors md beheld the whole Why did
he not do it! He would have saved US all inf
mite deal ot.troubte.
Now what was the motive of Colt in destroying
Adams think it could not have been malice
for none has been shown nothing ko pr-nediIa-
ton has been proved II has been shown by Mr..
Wells that Adams left MIN with change OF coun-
tenance. But it may be asked had Adams money,
or any thing valuable in his possession There Is
no evidence that he had anything Of This sort.
BUT ii may be said that the finding the watch in
I Colts possession was proof Of the larceny. But
we shall show thar Colt could have loas before
cheated Adams Of this watch If he had chosen
to do 80. But John c. Colt would scorn such an
act.
There is one thing in relation TO this charge |
wish YOU TO understand. You bound to hold in
your minds tuis Distinction. You must separate
the act of killing from the subsequent conduct OF
the prisoner. | cannot 90 into examination of
this at present Different men YOU'D act in differ
ont ways.'This may nave thought it better
after having killed the mdnto conceal Dim "a Moses
did the African Others might nave acted dter
rntIy: they might have told the public what they
hol al Ia