The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-20
TRIAL OF JOHN G. COLT.
Court of Oyer and Terminer.
JUDsr KENT pres ding.


out the community that was seen on Monday
last By eight o'clock in the morning, all the
avenues TO the City Hall were blocked up wit
dense crowd, eager to obtain aa%m;ance 70 tne
preserved by the officers, through the excellent
arrangements made by Judge Kent, that the Court
Room and its immediate avenues, were kept en-
tirely clear No one was allowed to enter the
Court Room, except a reporter, juror, witness,
or q lawyer. And even with these alone, the
Court Room was filled TO OVERLOOKING.
Colt was in court before nine O'Clock, and looked
unusually cheerful, and collected. He enjoyed
himself reading the morning papers till ten oclock,
and expressed great interest in the proceedings OF
Congress. His brother came into Court about half
past nine, and sat conversing with him till ten
o'clock. Colt frequently smiled as he read the pa
pers or conversed; and in fact, he looked and
seemed in much better spiits, than we have seen
him in since his arrest. Colt was dressed as
usual, with blue beaver over coat on.
Mrs. Adams came into Court little before ten
o'clock, dressed as usual, in deep mourning; she
looked rather elected but when her eye glanced
upon Colt, she looked daggers'at him.
Precisely at ten O'clock, Judge KENT, and Alder
men PURDY and LEE, entered and took their seats
Colt then rose of his own accord, took his chair
and carried it to the side Of JOHN A. MORRILL,,
As soon as Judge Kent took his seat Juror ap-
piled to Be excused.
JuDGE-You must make your application in form,
sir. "A pause) Is the Counsel Tor the prisoner In
Mr.. MoRRILL.-No, sir. They'll be here in a
few moments.
INN ediately after this, Mr.. EMMETT and Mr..
SELDEN entered and took their seats.
JUDGE KENr.-Proceed Mr.. ATTORNEY.
DIsr. ArroRNEY.-The SHERIFF, Sir, having
made his returR TO the order Of the Court OF the
witnesses summoned, move new that the Clerk
call the names.
JupcE.-Ths officers will see that the lawyers
are seated and that perfect silence is preserved.
Every person must take seats.
The Clerk proceeded to call the names, but was
interrupted by
Mr. EMMErr Before the Clerk calls the roll.
we wish to offer an objection to the way these ju.
rors have been summoned We consider the pow
er that has been exercised by the Court, though
well intended, not authorised by law. The Court
directed three hundred jurors to be summoned for
to-day. Now we have the right to time to make
enquiry concerning these three hundred, SO as to
guide US in exercising the right of challenge; and
the Court will at once see how impossible it
was for US to get knowledge Of the jurors sum
monsd on this list, under the history and circum-
stances connected with the manner in which they
have been summoned And we consider that If
we are forced to trial now, it will be in violation of
what the law intended by our right of challenge.
Judge KEHr-Proceed Mr.. Clerk
Mr.. SELDEx then made very able argument
to show that the meaning of the statute was,
that the Counsel for prisoner ought to have more
anime panel OF 30O persons and ne moved that
the trial be postponed till Friday morning to allow
time to examine the panel; which was put into
his hand only this morning.
The CouKr ruled that the trial must proceed; in
the case Of Ezra White only jurors were got out
of panel Of 200 And if they adopted Mr.. Selden's
course the trial would be nterminably protracted
The Court would afford all the patience, protec-
tion, impartialIy and justice that could possibly
begiven to the cause, mixed with kindness for the
prisoner.
The prisoners counsel then put in an affidavit
relative to the time they obtained the panel, and
also that the jurors were selected frem the Grand
sIylist.
Mr. SELDEN excepted to the ruling Of the Court.
The cause then proceeded. The Court decided
that questions might be asked Of the witness be-
fore he was challenged
The following were then called as jurors.
JAMES B. AYREs, 1913 Fulton street. He had
formed no opinion, aud was sworn.
JOHN B. HALL, Avenue d, and Second street
Had expressed opinion; stood aside.
HIRAM RAYNoR, bookseller, Bowery. Had deal
ings with Colt Colt owed him money. Stood
aside.
E. D. CoxsrocK-An exempt fireman. Stood
aside.
EDWARD FERNS Not present.
Francis OLDERHoUsE-NetP present.
d. HARPER-Not present.
THOMAS KINo, grocer, Grand and Orchard st.
Had expressed an opinion Stood aside.
JOSEPH Bishop, grocer, 552 Grand street-Had
read all the statements in the papers, but they
made no impression on him. Sworn.
VINCENT LIE CoAPTE-He was put aside for net
thoroughly understanding the minutig of the En-.
glish language.
Mr.. WnIrr, grocer, SIP Pearl-Had expressed
m opinioR. StOsd aside.
JOHN BAcKUs, 81 Bowery-Had expressed Opt
mon. Stood aside
JosEpH FEwKEs, grocer, Cortland and Green
wich streets-Cha!leRged for cause.
Isaac l. PiSKNEY-Was Grand Juror who
found the bill Stood aside
LEWIS J. BouGHroS, PAL East Broadway-Had
dealt with Mr. Lane, Mr.. Adams father Chal-
enged perenptoriIy.
THoMAs n. MAHoN, SAMUEL Frost, J. J. CIs-
CO, were called, bat not present.
SAMUEL HERMAN challenged fer cause.
WIN d. JONES, 81 Dcy street, had expressed
opinion. Stood aside
NATHAN r HUEsTED, keeper Of North Ameri-
can Hotel, Bowery-sworn.
JAMES CoAD, challenged for cause.
CHARLES HEAD, shoe dealer, SO Ludlow street.
He had not read any of the newspaper accounts
Takes the Sun and the " Herald" Challenged
peremPtorily.
WIN. TsonESr, l2l Stanton. Had qualified
opinion rs to guilt. Stood aside.
CHARLES PARsHALL, JonN QUAcKESBoss, AND
JoHy RusBEcx, were called, but did not answer.
STEPHEN BAxER, 81 Ludlow strcet-Formed an
opinion.-Stood aside.
WV. f. BAILEY, 42S Grand street, had formed an
opinion, and were stood aside.
MORRIS KErcHUM, not present.
JoHN s. FRosr, AND WIN. W. SHIRLEY had
formed an opinion. And stood aside.
EPENETUs HOWE, 50 Liberty street Had tried
to form opinion in order not serve the jury.
but he could not. Sworn
JAMES SuypAM, corner Of Grand and Forsyth
street. has such a natural antipathy to robbery and
murder, that he is not free from bias. Stood
aside.
Here the Court took a till four o'clock.
AFTERNOON SESSION.
8 J. BARRY, not present.
is. DAvY, not present.
JOHN ADAMS, cordial distiller-Challenged fol-
cause.
H MARTYR, I39 Chambers street, grocer-Read
accounts Of this in the papers, and expressed an
opinion Stood aside.
CHARLEs M'NEIL, 29l Second street, porter
house-Read accounts in the papers, and formed
his opinion. Stood aside.
ELIAS T. HARRs, member Of a military com.
pany Stood aside.
]. d CANFfELD, not present.
JosEPu SOFIA, 400 Pearl street, dyer-Think