The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-29

dat want monty-for few days before he had re-
fused SS5 for his watch. We hear nothing Of the
pocket boek-thourh we do hear something of the
watch. And here we show that Adams was not
only murdered, bat that he was also robbed tie re
Mr.. s. supposed n somewhat parallel case which
was ingenious ly calculated to carry convection
home to the jury.1 We are TO Judge Of that act Of
killing by the subsequent conduct Of the prisoner
He who could deliberately after the killing,
could as deliberately plan the murder. He says
that he went out and saw his brother at the City
Hotel, and eonversed with him. II Colts stale
ment that he went TO the City Hotel at about dusk,
and spoke to his brother were founded in truth,
why should so important matter as this, contra
dieting directly the testimony Of Wheeler, Seig-
nette and Delnoce who declare that no one left the
room till ten O'clock, be passed over in silence IN
the evidenced Why was not that brother called
to testify to so material ponff II may be SAID
that that. h: na. H.her brU brother Would
the Oihor to testify to so important point. Smith
said it was wholly unnecessary for him to say that
the statement Of Colt was not evidence; but It
might be used against him, though it could not in
his favor. There too was the statement that he
hired a man to take the box down stairs, directly
contradicted by undoubted testimony. Why then
not say in this confession that he took the box
down himself? Because then the mark upon his
shoulder would have been accounted for, and
to do this was no part OF his purpose. And
II he did hire the man, why not bring him
forward! No; tho whole thing was got up to
act on the passions, prejudiees, and symPathies
of the Jury, (Here Mr. Smith went ingeniously
over the evidence, and showed the contradictions
between 1t and the confession the caulking Of the
box Wheeler hearing no sobs or groans-Colt just
sbou, TO leave his occupancy Of Wheeler's room
the appointed time Of the sailiag Of the vesselhis
delay IN giving up that room-the corresponding
delay in the sailing of the vessel His GOODNESS in
going to Adsms's office sitter the murder, and TO
Wells, all these were ably and cloquently dwelt
upon. Again, said MIR S. we find him in that very
room where he bad committed the murder-merrier
than ever, and even singing. He goes to the very
room where he has committed this horrible act,
and there in singing and smoking, he passes
stitions-! think he is not. But, if that
be So still his heartless levity is unac countabe.-
All men are not alike but let ask you if there
is not asingukrly solemn feeling-a peculiar SEN
sation that operates on the mind when we visit an
apartment where death has recently been? We
all that when We enter room where friend has
died-though the last hours of the departed were
cheered with the music of affection and their pill.
low smoothed by the hands Of kindred still about
that apartment, there hangs for long time after
wrrds Peculiar-an Indiscribably solemn feeling
It's the involuntary tribate which nature pays to
the memory of the dead. (Here several of the
ladies seemed greatly aifected) And this shows
that this mans mind is singularly constituted-and
that therefore il is idle to say that because the dead
is improbable, he could not have dove it. (Rere
Mr.. Smith pointed out the contradictions between
the confession and Caroline Henshaw's testimony
He went on :-"As to the mark on his neck, there
is no necessity to impeach her testimony, when we
consider the position in which she stands. A
female svirtue is the anchor which binds her TO the
world; when once that is lost, no matter by what
means the only tie that binds her to society is
vered Ifatintsrvals she has Thoughts Ofreturning to
the paths Of virtue, and makes attempts TO regain
her lost condition, custom thunders forth the
date, pronouncing the startling sentence, "you
have passed the barrier, and you never, never,
return - Testimony from such source requires
NO impeachment. Such witness has no ince ntive
to virtue; but is controlled by interest and feeling
Far be il from me to speak with severity of that
witness for the purpose Of wounding her feelings
poor, unfortunate woman, from my very soul
pity her. And shall say nothing bat what my
duty prompts me TO utter. God knows she has
enough TO struggle with. She was the mother of
the prisoners child, and it weuld be strange
indeed ifthe young mother would not come forward
to testify strongly in favor Of the father of her off
spring. (Mr. S. then went over Whesler's testi-
mony about lthe noise, ascontradicting Colts &C
count of the conflict. and showed that in any view
ofthe case, from all Colts actshe was clearly gull.
ty of murder. Colt must have known that such blow
would Kill Adams, before he struck them. He also
showed from testimony If the doctors, that after
the first blow Adams must have been powerless
also from Adams temper that he could not have
struck Colt frst-if at all c 1t would have had
more excuse II he had proved himself to be of a
violent temper. Mr. 8. then cited the various au-
thorties defining the degrees Of the crime, which
we have before given, as to the instrument used
and the manner Of using il being EVIDENCE of the
intent We cannot follow Mr.. Smiths admirable
remarks, but must conclude with one very beaut-
full passage in his really brilliant speech After
aluding to the fact that the prisoners counsel had
urged the kind and afcctionate nature of John C.
Colt from his keeping his mothers and sisters hair
he said, "Will they say that because he exhibited
feeling in this solitary instance, that therefore
you to consider him mild, gentle, and humane !
Why, gentlemen, let me appeal to your feelings in
this matter Let ask you that il the last thing
man forgets1 What is that which fingers longest
and sweetest upon our memory Is il not the re-
collection Of her who gave us being, ana who FIRST
taught us the lessons Of virtue! The name of mo-
Their is the last uttered by the pirate under the
yard arm, or by the murderer as he mounts the
scafold! She is the last the veriest wretch for
gets! We often see the lights Of genius go out one
by one-vice make inroads upon the mind Until
almost the last traces Of virtue become extinct
but still while life gmmers in the socket, and Q
ray Of reason lights the mind, man clings with
fondness and reverence to the memory oil his mo.
Their :"
Mr.. Smith concluded by referring to the cry oil
persecution that had been raised, and solemn ex.
hortaton to the jury, to do their duty between the
people and the prisoner, regardless Of the result
to any one.
He spoke two and half hours. Mr.. Seldeu
spoke two and half hours, till three o'clock
After the recess, he spoke from four till seven
o'clock, in a strain Of thrilling eIoquence We
have full notes Of his speech, and may give i,
hereafter, if our space will admit.
The Court adjourned at the close Of Mr.. Selden's
spee~h