The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-29
COL IT'S TRIAL
Court OF oyer and Terniner.
JUDGE KENT, PRESIDING.
NINrH DAY.-FRIpAY, JANUARY %.

NINTH DAY.-FRDAY, JANUARY y.
The Court met at ten o'clock precisely. There
was still greater crowd struggling TO get in than
ever and about twenty ladies entered the Court
room, and occupied the witnesses seats as specta-
tors. Colt looked pale, very pale wearied and
haggard The morning was consumed by Mr.
Smith and Mr.. Selden in summing up.
Mr. SMITH commenced by adverling to the re-
marks made by the opposing counsel, charging
npon the public prosecutor the use OF undue and
unfair means to produce conviction IN the cause
He said. shall not attempt 10 vIndicate the cha,
racter of the District Attorney. That talented and
meritorious officer needs no eulogy-no vindicahon
from any one his public conduct has earned for
him reputation which the most ambitious might
well be proud to eniOy-WheH duty calls him he
is always ready to perform the arduous, and often
times painful duties Of his office; and the gentle.
men may rely upon it, as the public at large well
know, that he will perform those duties un,n-
huenced by prejudice and uncontrolled by popular
clamor. Mr.. s. went on at some leagth, FUR
Their to repel the imputation attempted to be cast
upon the public prosecutor, and pronounced well
merlted compliment upoa his conduct in this, and
in all cases coafdcd to his charge He then went
on to state that in cases Of the Kind they were
about to pass upon, the sympathy OF every man was
more or less excited for the prisonerl feel those
sympathies in common with others, and would
be the last man who would desire to check the inu-
encewhch naturally flo WIS from the exercise efthose
kind and benevolent emotions. But there are cases
where we have no right to allow them to controi
the judgment. l know it is almost impossible to
prevent the effect Of sympathy upon the mind
For however aggra waited the crime, we all know
that the victim lies Geld in his grave, and the tears
of the widow have ceased to flow, tsat our sympa
thes are naturally turned towards the prisoner
We so constituted, such is our nature, that no
matter how great may have been his offences, the
moment we see human being suffering, the tide OF
Sympathy flows for him. And therefore Il is most
migrate and thankess task to ask from the Jury
| a verdict at their hands which verdict, when
| rendered, will authorize this Court to pronounce
upon the prisoner the sentence Of death; but al
nj il "A nix k. II
| solemn duty which the counsel owe to the people
and as far my humble abilities will allow me,
| shall faithfully perform that task You have been
told that this cause has been slngulary conducted
the part of the prosecution; that It has ferreted
| out evidence and hunted down the prisoner; and
indeed had you taken what the gentleman states as
the facts, you would have thought that instead OF
this prisoner being arraigned for brutal murder,
that he was a victim marked out for persecution.
Yea have been told, gentlemep, that was the duty
Of the public prose merely to state the iacts,
and then TO leave the whole matter to the decision
| Of the Jury. That may have been the case ut one
| time And there was time also when man who
had cOmmitteda crime was put to the rack and to
the torture But those days are gone by, and able
and eloquent counsel are found defending prison.
er, and in this case, in manner fer which they
deserve all possible credit. But If the lips OF the
publclprosecutor are to be sealed why murder will
be perpetrated at neon day as in this very case IN
| the most public part Of the city, and blood now
almost like water at every step We take. But the
Jury must discard all Prejadicss aud all sympa-
thies-the jury box is no place for such feelings
We scarcely take up paper but we find accounts
OF two or three murders therein. And this Is
owing to nothing but that sieky sympathy which
too often finds its way into the jury box. You have
With the consequences of your verdict VOW have
nothing TO do. You are sworn to do justice,
and not mercy, and to see that justice prevails
The people expect it Of you, and demand 1t at
your hands. And so far as the prejudices OF the
people are concerned, you have nothing to do with
them, nor with the consequences to this miserable,
this wretched man Towards him no one, except
his brother who has stood by him IN this cause and
| the counsel who have eloquently defended him,
| no one feels more tor him than ] do. My heart
bleeds for him, and my breast must be steeled to
every fine feeling Of humanity, were it not to do So
This cause has now been greatly narrowed down;
and by the admissions now made, it might have
occupied only three days instead OF nine, had the
| prisoners counsel chosen that course before. 1t
| is now admitted that Colt killed Adams and
the only question Is, was it such killing as in the
eye OF the law, would constitute murder. The law
makes allowances for any killing done in the heat
| OF passion. Cases have been introduced here and
! much refinement made Of by the counsel (; but
| his view Of the law and mine differ materially. We
say that il we show that the and manner of kill
| ing and the weapon used, was such as to produce
DEATH that then we have shown all that is necessa-
ry to show (here Mr.. went into the various dis
| tlnctions between express and implied malice and
| eloquently and ably commented on them for some
time.) Where a man uses weapon which any in
dividual in his senses knows would produce death,
where there is cruel and brutal mode If killing
then the malice is implied Or ifit was done with
| ONLY slight provocation, then he must be found
| gully Of murder. He went on TO state his reasons
| for believing that this murder was possibly COM
| mitted for the sake Of plunder. admit it is tho
| most extraordinary case ever heard Of There
never was bat one like it. there was muir
| der perpetrated few miles from here for the
| sake Of SOS. Aud on the trial Of that murder.
er il was urged as it has been urged this, that
he could not have killed his victim for so
small an amount Of Plundsr We know that
/ tba tiyau Al ho shnun INT hat ia i've
| for one would not be motive for another Some
| commit suicide for few hundred dollars-some
kill on slight be ar deep injuries
| and never offer to resent them and we seek here
to CLEAN from the character of Colt, whether such
| motive as we have shown would be strong enough
| to induce him to commit murder Why on this
trial he has shown less feeling than any other man
here; when the box and the other things were all
exhibited before US, which contained the dead
| body 0f Adams, and at which all shnddered and
| stood back aghast, the prisoner alone looked on
| calm and unmoved. Therefore consider him Of
| COOL deliberate and calculating disposition; and
that he could commit such act and conceal it
this way almost without a shudder Mr. S. then
went ON to show that Colt and Adams must have
each other before on that Friday, and that pos
sibly then Colt made the afternoon appointment :;
| and he sustained this in an ingenious manner
| ! would argue that Colt did choose that place
| for the murder on account of its publicity aud
| noise, because there he would be less likely
| to be detected or even suspected. Adams was
| such q business man that Colt could get
| him to 60 where out with him out of the city
ThWefore he chose to kill him ina:paee where the
noise would prevent any seuiie or cries being heard
and he chose the most noisy time Of the day to do it,
/ You know that he killed Adams, and how he acted
afterwards. Would any Of you have acted so I!
| Would you have sat down eoolly with the dead
body at your feet, aud sit for hours delibe
ating how You could best conceal It, unless
| you had committed cool and deliberate murder.
And then see him in his cell, sitting down calmly
| and deliberately and making out this statement,
| which has heen read And then saw il Won can
that there was NO generalization. Why was the
saw procured q few days previous Of the woman
| Of the house-and why such agitation and conceal
meat In his medc Of using it. Why did his coun.
sci not explain that dark Transaction when he went
| 90 miautcly over the rest of the testimony p
Others tell you he always said when they Knocked
walk in" Here Mr.. 8 repeated the testi-
mony Of h,dner,s mani and to this man he said