The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-28

case, ana some money WUb I'VE Huu ~ ms fOCkets
,clten he tcas killed. ,cere brought into Court This
created considerable sensation. II appears that
Colt, three days after his arrest, told Mr.. Emmett
that he had thrown the hat, Shoes stockings, pan
Chambers street. The Mayor had the contents OF
that privy raked, but could find nothing. On Tues
day night Mr.. Sclden had the contents Of the same
privy taken out in barrels, and examined. And the
result was, e finding of all the things connected ,ci
the murder-all the clothes Of the dead man, except
the coat and stock-Colt's bloody shirt, bloody
towels, &c. &c. &c. in that privy In Chambers
street.
Mr.. Bank ERHorF, who had been examined be-
fore and brought into Court, but whose examina'
ton was suspended, was now proposed by Mr.. Sell
den, to be further examined.
MIR. WHITING did not seem very willing Final
~, however, 81,
SELpEx.-Mr Brinkerhof, we wish You to state,
sir, in what manner you examined the contents OF
that privy in Chambers street, when you examined
il by the direction of the Mayor.
WIrsEss.-The examination was made by letting
a man down into the privy by ropes he took q
rake with him, and raked the contents ofthe privy
over.
=. SELpEN.-N Now, sir, did you at any time since
then, and il so, when, examine the contents Of that
sink over again and if you did, 60 on and state
what you discovered there.
WITNESS We examined it again last Sunday
night. We took out the contents ia tubs, and ex-
amined it. We first of all found clothes, then
towels, and pieces Of towels and these we put in
tub by themselves. We found bundle besides,
and in the bundle was pair Of shoes but we did mt
examine the bundle then. These we put all in q
tub, and carried them up to the Egyptian Tombs
staid there with them till next morning, and then
sent an officer to find Mr.. Whiting or MIR. Sci
den WANTED to get cart, and put the tub in a
cellar in Nassau street, which was locked, and Of
which had the key. The bundle was afterwards
opened at the factory, and hat par Of shoes, pair
cfsuspenders, pair Of pantaloons, part Of shirt and
rest ,cere found in it These were all Adams S
clothes, but the shirt.)
SELDEs.-Is it your belief that that bundle was
there when you first examined thpt place
WHITING objected.
SELDEN replied.
WHlrINe.-Very we'll, Sir, you can ask him
then
WIrNEss From the state the bundle was in,
think it may have been overlooked at the first
time the place was examined; first had an i'm
preston il was put there since; have now, how
ever, no doubt but that that bundle there when
the whole contents has not been finished yet: some
things we're found there this morning
Here the witness Produced tlno keys, a silres'
pencil case. and haf dollar, that had been found in
WIrsEss.-I understood that tive shilling piece
had been found there.
SELpEN.-Did not the men consider the money
they found there IS their own1
WHITING objected.
The Cou asel then overhauled the keys, half dol
Lar, &c. pretty well; so did the court and jury.
WlryEss.-I think the pencil case had been there
some time parts Of it were rusty; these things,
the keys, pencil case and half dollar, were sepa-
rate from the bundle
JURoR.-Was there any thing in the pocket Of
the Pantaloonsf
WIraEss No, Sir: 1 have told every thing that
has been found, so far as we have examined. This
halt dollar 10 stained only small part Of the con-
tents of the privy have been examined it'll take
two days to examine the rest.
sCHAs. DsLAvAN.-Would paper or leather be
Akan ct
WrrNEss.-Paper might, but not leather,
think.
JURoR WAS there any stockings found therei
WIrNEss.-There was.
Here the witness produced piece OF the panta.
Icons and vest, which created great comm otion in
the Court a
WIrNEss-The pantalooss were gambroon; the
vest might have been yellow; part Of the things
a vat The bundle was tied up with linen pocket
handkerchief; but there was no name on the hand
kerchief The depth Of the stuff in the privy was
two feet. All these things have been washed and
rubbed since think they had been in the privy
for some months; can't tell how long they had been
there.
Cross-eramined We put the contents Of this
privy in Chambers street, into clean tub; after
these things taken out ofthe privy myself was told
so by those who took them out. We found { he
bundle after found the other clothes; the tee tn
of the rake used the first time was six to eight
inches long; t0lt satlsueQ In OctODeT, Wnen eX-
amined it, that there was nothing in the privy. We
never rakedthe privy over second time before
we removed the contents. We found the clothes
buried under the surfacc-can't say how far under.
Found the bundle under the opening Of the third
privy, think. Do net think It was in the same
situation when we raked the privy; it might have
been moved with the rake; did mt rake Il my self;
the told me to examine the sink thoroughly to
il there was anything there; he told me to rake
it, think; the handkerchief round the bundle was
tied N hard kuo there only
tied; two ends of it were loose; some pant OF the
articles was exposed, as we could see what they
were; the bundle was about an inch beneath the
surface the rake had been used in that very spot
before. think they opened the bundle in my pre-
seRce, We first saw the hat; IL cut engfhrist
cut IN two places; appeared to be cut in opposite di
rections, ,ciM sharp instrument as well as
can Judge; can't say if any piece Of the hat
had been cut out or not; can't say ii
tue cuts were in front saw the shirt
aud vest next. think the rest ras folded up;
there was nothing in the pockets; the shirt Was
completely saturated ,rih blood ; can't say whether
the vest was bloody or not; the suspenders we're
taken off the pantafoons, and folded up in them
the suspenders were whole; can't say whether
they were bloody or not the pantaloons were
torn; the upper part Of the shirt ,cas torn completely
or The Pantaloens were folded up neatlyi the
whole of the things seemed to have been packed
up as closely as possible; think that the shoes
were at the bottom Of the bundle; | don't think
there was any blood On the pautaloons, they told
me It wasn't much use TO examine, SO | didn't
examine the bundle very closely; they fosnd six
or seven pieces Of cloth out of the bundle in the
privy; they ight have been whole towels. There
were other pieces Of eloth--cotton rags.
Mr.. SELDES-lti very evident, If your honors
please, that the pubic prosecutor seems to think
that there was something unfair about this examl
nation. Now would ask this witness whether
Justice Taylor did not send an officer to assist at
this examination last Tuesday night.
WIrxEss Yes, sir, he did.
prv--We n sir IN
Emmett with regard to what the prise ner told him
about throwing the clothes and other things be.
Ion ging TO Mr.. Adams down that sink, the same
night that Adams was killed.
WHrrISe-New, sir, | object to this, under all
| the general rules Of law, and Of evidence They
now offer one Of the prisoners own counsel to
prove claration said TO have been made by that
prisoner.
Mr.. SELpES replied briefly as to the law Of the
case; he said "I wish to prove that MIR Colt, the
prisoner, told Mr.. Emmett, day or two after ms
| arrest, that he had thrown the bundle into the
| sink; that in pulling off the pantaloons Of Mr.