New-York tribune., 1842-01-31

i =Is, -,,n fires g,ln into crowd ard kills q
j. i murder II q horse be let loose into q
crowd and death eIlSue it Is murder. lhe de-
Drsv,,d acr NAV be manifested toward the very
person killed Ii a pistol be snapped. though II
NAV not b, known be loaded. and death ensue.
i. K nl,r,ler If this be murder at all, II comes
,rnd.., n. first clause, that j, was eTected with
nramedita;ed design 10 take the l.e OF Adams
consider ihen what Is a prculeditaied de-
.ign H,re differ from the District Attorney.
r MAJ, 90 uo 10 another and cut ms throat. the
District Attorney Sav< the law preSurE11.s malice.
think not. though the JURY rnay Come 70 thai
conclusion. But=I do not tLink the Court has any
-gg -o S:,, tina, a. a mater OF law % 80
found.
No d.,in,, time i fixed by lanv-ttlis design
rllr- b. formed the design was formed at
.t.r ttialn- came into the room. and the deed yrnS
not committed in a ;rlcas in hot blood you may
ind hiIn guilty o: n-1rter.
- In ynarsiaughter there arc four degrees though
there ! no ycry good reason tOT the DIVISION ne.
,irst degree i this: the killing a man without 4
design to s-,t Death OF in an; a;ierlpi 70 prevent
the preparation OF nissemeanor. acr1tne le>>
ft1ar a fpoRv. The crimes lnanSiaughter in the
tirs, degree II Colt. in beating Adams, Killed
E.i.n without design. the crime must be nan>laugh-
Ter IN z;a first degree
The kil!in: OF a human being in the heaIot pas
ion in a cruel and brutal manner is inanslaagfsr
in the second degree unless be jusriiah!e or ex-
elsable hoI4icde. If a person in resisting TEL
ny.ilnslecessarly Kills another iiis likewise man
slaughter in the second degree.
The killing a hulnanbeing in the heat OF passion
vitFou, esigr.with dangerous weap.n.ls man
Slaughter In the third degrre; and when the act
| Is i4vo!untlrv and comes under neither OF the
above il is nanslarghter in the fourth degree
The second degree of Ina,lsanshter Is this the
kiIling of a human beng in the heat OF passion
IN a cruel and brutal manner, i lnanslat,ghter IN
the second degree The Judge explained the
meaning Of man.laugtter in the third ana fourth
degrees.
We will now proceed and how tartle facts OF
the case come within The provisions OF the law a.
have laid thenlJiowl Ii Is admitted that Samuel
Eldams was killed by John c. Colt, and the only
question is what wa the manner OF Killing
Was it murder man>laughtrr er excuSabc homl-
eide / wish, before coming drectlyt TO tins to no
ticc one or two.cola,era circumstances
The experiment ot the pistcIand other branches
OF In. evidence it's necessary now 80 advert
to. but | willznlenlion why some departure from
the ordinary mode of conducting case has besn
allowed As TO the experiment with the pistol,
pcrinittc. that 10 be made, a> ii evident from
-. ,e ;nd;,,aI bywbom the weapon
,5.o ,l.,rrc, ~ he ,,,pr
hcnded.
have been blamed alsofor allowing thu skull Of
Mr. Adams to be proluccd. did not wish 10
harrow up III, feelings ot the prisoner or. OF any
otllcr person connected with the accused but
rhou.Il il necessary a, the surgeons could not give
a fair opinion ls to the mode et inilicting tn,
wounds and though, that the suds of justice de-
ii.,''''s ,be J.,c. which
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nus M IL T,,
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= .I''... .'' =. = -,
rl,,, I;a.ro.,II,. ,,,n,.sb,.yI Tn orcot
ct, -, ,,, ,xI,;,.. ,o rho c,r,
o,,;ro -,, ,,,,t h..
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.h .,,.a. ~, a G. coltZrhc
iil'7'''''e' '', e'''''.'.'' ,r
eS SiucHoe oo''cti''i''- 'ae l''o''D'
rho boIc N
Az ,,.loJ rron, ,,;sto,.b,,IIct
r. "c;rl,,,.,Y. = H., Mn,, and tho
s..,..;., l;.,,'aaJ g nm
.lil'F s,.,'.,.,,'y. .''",,.. nns,
L..
LII
WAS nor li''''c.',' ~ u 'o.-.,'l'
=Iha 'i' es1'snc'. ''.Lt''sll 49,
rendered "'''''''''ss' 'H wv ''o'e"
'''"e c A., II s,,J ~. ,,no.,;o
,,a shall IooL =,
,a.,;n,r, tho ,c.
'ii's 's'Se ~ - ~ a. 'l'''
''''f' se'',' "' "''.,
''i' '''s' NJ
fSil'ln s;'Nlh3 tit lili9 i VI 't4e i NJ D
1t should nave weight IN Judging Oh Ine clafacu'
OF Colt, and as tar as ths 1t affects the question
Now dismiss rom your i'ihGs MS statement ID, rn'