The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-18
Case OF John e. Colt.

| Case OF John G. Colt.
| PREPARATIONS FOR ExEcUTIoN.-HIs INTENDED
MARRIAGE. BRBERY.-The execution
of Colt will in all probability take place this day.
The only prospect or hope of respite is, that the
| Chancellor, who is now at Albany, will grant a
writ of error the second application of prisoners
1 counsel, backed by the opinion OF Benjamin +.
| Butler, Esq, and the Sherfs counsel, Joseph G.
Hart, Esq. A messenger was sent to Albany on
Wednesday evening for that purpose, who will re-
turn by the boat this morning. Ii supposed, that
Ethe Chancellor consents which is not very proba-
bic, that Governor Seward will grant repreve, IN
order TO allow the TO come before the Court oil
| Errors
The counsel OF prisoner have presented TO Sheriff
Hart protest against the legal competency of the
| Court of Oyer and Terminer, in which they deny
the constitutional power of the Court with Alder
man sitting as one of the Judges. The Sheriff is a
ministerial officer only, and obey the order OF
the Court, without any discretion on his part to
consequences.
Colts mistress, Caroline Henshaw, visited him in
his cell yesterday for the first time since his SEN
tence, and Colts proposition, they were to have
been married during the morning. but owing TO the
interposition of of his friends, the ceremony
will take place this morning. Their child was not
with her, and we believe Colt has never seen it..
She has recently resided in Phiad ephia, where
the child now remains.
| From rumors that have been quietly in circulation
in certain circles for the pas, few weeks, we have
| had reason to believe that most extended system
of bribery had been in operation to effect the escape
of Colt, and last evening ascertained that the sum
Ipfca bod haar, of, L. r.
| deputy keepers of the City prison, provided
they would connive at the escape of Colt by allow
ing him to dress himself in the clothes of Caroline
Henshaw, his mistress, who would be sent into his
cell for that purpose. 1t was this disclosure that
| prompted Col Jones to place Colt in irons, and
which, on their being removed, induced the sheriff
to put him in charge Of two of his deputies. The
| deputy keepers of the prison communicated the
| proposition made them to the principal keeper as
| soon as the corrupt motive was made apparent
The whole affair, together with the authors of the
| bribery, will be exposed after the execution.
| 1t has been supposed by many that Colt would
commit suicide before the day of execution, and a
few days since he sent for DR. Macomb, physician
of the prison, and requested to borrow some medi-
cal work on anatomy, which was refused. He then
made number of serious enquiries as to the oca-
ton OF the large veins and arteries of tn body evn
cling disposition to ascertain at which particular
point death would be the most easy and effectually
produced.
Since the decision of the Governor, as read to him
on Sunday, he has not evinced any of that dare
devil recklessness of spirit that existed before and
under the influence and counsel of the Rev. Dr.
Anthem, has appeared to have been partially re-
signed to his fate, and given demonstrations of pre-
parations for the future
The answer of Governor Seward to the applica-
ton of portion Of the members of the New York
Bar, was first communicated to him yesterday NOR
ming, by Dr. Anthem, and afterwards confirmed by
the sheriff, accompanied by his counsel, Joseph c.
Hart, Esq. He evinced much feeling on the recep-
ton of the final decision of the Governor, and
wept most bitterly The last application of counsel
for wrl of error the result of which will be made
known this morning, has not been communicated to
hlm,ahd he therefore gave up all hopes Of pardon or
respite when the decision of the Governor was CON-
muncated to him yesterday morning.
The gallows was taken into the prison YARD last
evening, and will be erected early this morning in
the rear avenue, and imme diately opposite the
window of the cell in which he is confined
He made request yesterday, that the execution
",
Judge Kent had not specified any precise hours be-
tween which it should be carried into effect. Should
the Sheriff comply with this request, he will not be
executed until four o'clock in the afternoon.
Deputy Sheriff Vultee, was selected by the Sheriff
to guard his cell last evening, in company with
deputy keeper Pierce. He remained in his cell
alone, his brother leaving him about dusk.
The preparations to preserve order and quiet about
the city prison during the day, have been made by
that vigilant officer A. M. c. Smith, Esq, who has
selected under the direction of the Sheriff. thirty
officers to aid him in this arduous duty.
The following is the official opinion of Governor
Seward addressed to Sheriff Hart, in reply to the
application for respite of the members Of the New
York Bar. convened in the Superior Court Room on
Tuesday last -
EXECUTIVE DEPARTMENT.
ALBANY, Nov. l6, 1912
James T. Brady, Richard r. Ward r. Wharton Griffith
and Samuel G. Raymond, Esqrs counseors at law have
submitted to the Governor resolutions passed yesterday at
Of New York asserting that the right to review the de-
cson OF inferior tribunals in the Court Of last resort is
right essential to the due administration of the laws
that to refuse writ OF error except in cases free OF all
doubt amounts TO denial usticeh the question whe
Their under the constitution Of this State Courts Of Oyer
and Terminer be held in the city and county Of New
York other than by the Judges appointed the Governor
and Senate, although discussed remains undecided in
the Court Tor the Correction oil Errors and deserves
rous delberaton-he words of the constitution being
The Governor shall nominate and with the consent Of
the Senate, shall appoint all judicial officers except JUS
tees of the peace that questions the organi
cation Of Courts require above all others the decision
Of the highest tribunal inasmuch If illegally consttu-
ted judgments afford protection officers directed
hem that the moral force Of every legal judy
ment especially when II involves human life, must depend
upon its unquesone and that the execution
of any judgment whose legality gravey denied by
berats and dsnteresed minds without aordng the OPP
porunity provided for by law to have reviewed in the
of ultimate appeal deprive that Judgment of
the universal respect to which after such review it
would be clearly entitled and that the execution Of any
convict whatever his crime is of greater importance
to the community than such administration of the laws
would produce implicit confidence in the decisions and
DEGREES Of the courts of justice.
The Governor is informed by a commune alton which
accompanies the resolutions that the meeting