New-York tribune., 1842-01-31
i Do YOU find any thing leading you TO believe this
was the easel Ii you do, and death snsued II

| Do YOU find any thing leading you TO oe!ieve tins
was the case! II YOU do, and death snSucd, II
is murder.
He was perhaps without money, ana "c ma
! him very urgent that the books should Sn#on 10
| Philadelphia, in order tlla, ne might receive the
nonev for them. IL is said 100. that be borrow
ed a saw the DAY before, and The Distrc; Alter
ney mas dweir much upon that fact. But arc the
nrv 70 attach much weight, 70 that Il may have
been that ne procured ;ilesawto prepare the box,
but that circumstances strikes me rs vcrv light
and a going very ltte 10 bear out the deducaon
of reconciliation design.
The box was stuffed with paper .nd il YOU sup
pos, ,hai was pu in there TO prepare the box for
This deed il goes towards warrantins Inference
of previous design We have also the fact ~; the
window curtains being down. which Ii Is said was
contrary TO his usual custom. Had TN, room been
licked when Wheeler went 10 the door. II Would
have been circumstance trausht with deductloiis,
but Mr. Wheeler DID not know II II was Lofkcd'-
rtle-, is no evidence that point, and we are no'
warranted in. n.supposing it
have thus rclatet! all the circumstances teh''-
ING TO prove a premedistion or design anterior
10 Adan.,- going 10 Cots room. IL Is Tor you
10 say il thcv are sufficient 10 warrentthc sup
position of preneditation.
The light afforded by the plea OF conceaiment
TO go back little, OF the prisoners character is
worth notice II certain instances conceainsn'
has been held TO be evidence OF certain extern
OF guilt And in certain cases the tact OF conceal
men, has been held quite conclusive But,
after ali, what deductions or interenceS GO you
dr.w=irom the mere tact that the BODY was
concealed! Is any 10 De drawn, except that
the person wished to escape punishment Does
il prove any thing but this
l fIIp 1ey
fact OF finding the body in any ones possession Is
evidence against him and he would wish To
escape punishment. Nor can this be regarded rs
conclusive of the degree of guilt. for ne wond be
ANXIOUS to escape punishment well. though per-
haps not Il, earnestly, as another This circum-
stance | know, shocked the public r,ind but
cnnnot regard this any thing more than evidence
Of desire TO escape punishment
T. 10 come 10 the occurrence within the room,
besides the evidence of Wheeler scigncttc and
Miss Hcnsnw, there Is none except the mute
| witness summoned here from the tomb As 10
the conduct OF Wheeler. which has been crnSured
/ | am bound to say that regard 1t rs precisely
thatw which any pacific and cautious man would
have adopted Tho matter was of so cNtraordi-
nary :; character that he may we'll be excused tor
not having Immediately attempted 10 enter The
room.
As tn, alleged discrepancies between heelcr
and Scgncttr. am bound to say that | regard
them a, only such as tend to establish beyond doubt
the crcdibili,v of the testimony OF both III all It's
essential particulars This is i'll accordance with
the very best authorities. Judge kent read from
Palcv =Circtnl<tanta Evidence an opinion
tending TO establish tili, view oi the case.
Tie variations you willremark are all inmate
rial. and should have weight in influencing your
decision The great fact is this they heard a
noise, they heard the fall; these they noticed
closly and As to these their evidence is gaod.
Now what did they state They heard a clash
inc OF foils-tlcl, occurred the moving of feet and
then the fall. Now may conclude that no
sounds followed the fall tor this then attention
waS especially called
But it does not follow that they heard the COM
mcnccmeni of the controversy for their attention
was not thrn aroused. Thus we have the lcrmin-
alton of The homicide stated with accuracy but
the details of it are not 50 mnutcly detailed
We have heard what did occur, so far human
testimony can 90 We have also The testimony OF
the wounds n,ni with regard them the doctors
,lisagrccc, nor can arrive ct any conclusion sat
! isfactory to myself The explanation of the de-
fence, ingenious though it was, was not satlsiac-
tory | agree that the wounds must have been
given before the fall, else the blows would have
been heard But whether from before or from
! behind, | cannot say Or. Rodgers thinks the
first wound may have been given by a slngle
blow, and that the rouEd wound was given with
the Ratchet; he is :ontradicted by the other ply
sicians. But hypothesis TO solve this must be
consistent with all the facts +; single broken link
destroys the whole.
Now when it is said that the three wounds
were all given from the front, how wes the
wound in the back of the head given! DR.. Gil
man speaks of these two pieces as shelled cit, as
if hacked of with an instrument. This may
have been done, say the defence, 81 the box :
but this is not satisfactory to me.
How this wound was given and how the other
1.-Two were. inflicted, is a matter of uncertainty
Dr. Gilman does moi believe the circular wound
10 have been given with the hnrchct nor does Dr..
Archer think it could have been thus given. fitTc
! is the mystery, and | confess cannot explain IL,
but must submit it to you II seems probable that
i1hc first blow must have caused insoasbtv, else
some noise would have been heard from the pc
culiar sound of dying pcrson.3Ihc piercing
crv of fear would have arisen above all the din Of
the street. and made itself heard in the adjoining
room That there was racilS the gentleman
infer from those. wounds and from the testimony
OF Miss llcnshar Within pcctto tina, testimony,
ii must be examined with ccutiOn. That untor
innate girl GENES here under bad circumstances
it is true, but my impression is that she should
cciv. credit.
Shestood the test OF a niva roct examination.
She was strictly examined By the District Attor
ncy. Her manner was artless and childlike, un-
conscious Of guile and confess the impression
is on my mind that she deserves to be believed.
1t MAJ be that the story made up. but it must
haze required the greatest
1t Is, however for the jury 10 say if thry#will
bclirYc II. She says mark his neck
like pinch. Docs that afford any evidence of
fracas-Octon says he saw Colt letting the box
down stairs, and he placed his shoulder lganstit