New-York tribune., 1842-01-29

as 10 ICe "oTas lnat passed cet"sec tHetl, G4"
actually take place il still held by Mr.. S,r.:,h
that it was nevertheless murder II makes 40
difference whether the intent 70 Kill be entertained
one day one hour, or second before the deed
be done Colt never coald have raised his arm
he did to strike the Glow, without knowing that It
must have been fatal.
The testimony ot tas physicians citee: Is
contr,dicting ;ha statement that after ae frs; blow
the grass of Adams urou Colts throat could hr%e
tightened as alleged. The we-es,abllshed cna7-
acter Adams was noted "a contrad!cting Colts
statement.
Various precedents we're cited TO define accuI-
stely wis; Meantby the crime of nurder; And
authorities were again quoted 10 show what was
ulslicc both expressed and implied. Taking INTO
consideration all the facts and all the circumstances,
however trivial, connected with this matter. Mr.
Smith said the Jury must weigh them accurately
and impartially, must consider the characters OF
the TWO men, and every thing which ought IN the
remotest degree 10 atec, their decision, and then
give a calm, true and unprejudiced verdict. The
fact that Colt had kept ,he relics of his departed
mother a. sacred treasure, was regarded as OF no
weight in hi. favor. Every man. no matter how
debased, must chersf: love for her who bore MN
her name is the last word Of the Pirate at the yard
arm, and the GU prit under the salows. But, SAID
Mr. Smith would ask no better evidence against
him than this very fact, that this rclc-which
would have been cherished with feelings OF awe
and venerstion by every man at common nunlanl-
ty; which would have been Kept BY him in the
mos, retired and secret places where he buried his
dearest treasure-should have been thrown by The
prisoner into the receptacle for his cast-o clothing,
and been placed side By side with the box in which
he entoubcd the victim of his deadly hate. Mr
Smith urged upon the Jury that they could not cx
crcise the attribute of Mercy they had been asked
to do without violating their oaths; and he called
upon them to discharge their whole duty 10 Them
selves and their Country the guardians OF Pub'
lie Order and Public Virtue.
Mr. Smith closed bis remarks al half past l..
DUDLEY SELDEs, Esq next addressed the Jury
in behalf of the prisoner. He began by aud'rs
to The relation between the Court and the Jury as
enabling the latter to pass with more accuracy up
on the rules of Law, as we'll the evidences OF
fact But he reoiccd that the ultimate resort Ia!
wholly with the Jury. II would be unsafe TO cothe
any man wear after year with the power OF dispos-
ing of life, and e its various interests. Ihe rules
of Law he held TO be clanr and easily understood
By all F; the various constructions depending upon
the different characters of the minds who sought
to cons,rue them.
= In constituting the facts of this case, tso much
must d depend upon the constitution OF the minds OF
the Jury IF they had been led. by any circum-
stances, to look upon the dark side of human life,
there was much in this case which would lead
them to Judge harshIy Of his client.
But if thew were otherwise disposed if the
course of their lives had been peaceful and in nno
ccnce, if they were not disposed to judge severely
hos, ltv in
arriving at a Just conclusion in this matter.
In entering upon the subject Mr. Seden wished
to make some general remarks upon the character
of evidence, and to point out how much it depend
ed upon the particular complexion of the witness )
views and the circumstances under which he was
placed.
The FIST distinction necessary 10 be observed in
thi. case is that between the act of killing and the
act of concealment. With regard to the two, very
difierer? species of evidence are to have weight
In coming to the consideration If the ccncealmeni
we iTst inquire what is its object and purpose 1t
is evidently personal safety, and the facts with re-
gard TO this should bear greatly upon the act
itself The mode and manner OF the concealrneni
have nothing to do with the except go far as it
is evidence of the character OF the party. The
fact OF concealmen, is evidence SO fer q, hs--tha
an honest action is never soug ht TO De hidden,
while dishonest one might and probably would
On this ground alone is il admitted az evidence.
c.au,;nn ,,non nj, nr;,c;,ls Mr. ssIdsn pro-
90 '.1' s" 49,, rha nr;5oner a. rho ba,
Po'eu ~ ~, heor,o an ia face rh, .y
',as ' 10
ue".e u s'oas 80 all o oxnla;n
l'e mus Ii.-''.'' ar
'' 20 no,b;,s ,uI 10, be !, u,t,rv deprived Of
aA''u., .,..farce IS ,b.. a., aud HI.
tn' W. ~ - av da,n a. the general Dr,,cpe Of
-. Tn. .a,,s rno,,a cl,.. =, men, .yonla
b sns ro.,sd no ~ + ' ,hs sc wr, no, g,mina a. if il
~ -, -.