New-York tribune., 1842-01-21

Another point III this case i. this twill be con-
tended that there generalization OF this act.
We suppose it only necessary 10 show that muir
der has been cornn-ted, and 10 show the circuI1!-
stances eli ii; and then it belongs the defend
ants counsel 10 show that ii was Iustifahle. We
| shall show that the deceased was OF disposition
net likely 70 provoke any person TO attack MIN
/ that his cmper=was not irritable: tina; ne was
provcrbialiy mild Ii we show this, the only ex.
cuse OF the will be taken away. Abundant
evide.ce of this will be brought forward; sufficient
/ also TO establish motive for the deed. When we
/ have shown the motive and these circumstances,
we shall call upon the prisoner to show excuse;
ard If this is not denc it will be incumbent on you
TO pronounce verdict Of guilty.
WITNESSES CALLED:
Asa II. Wheeler was then called 10 the stand
] and sworn. He testified that he was teacher OF
writing and bookkeeping place of business at the
corner of ChamberS-sireet and Broadway, IN the
granite building, northwest corner Is married :;
resides in lwentieth-strset, Broadway; has
KEEP, his office in the granite building, year lass
May; the second floor knows the prisoner !;
he called on wtaess in 1888 and wished me TO ex-
anime work OF his bookkeeping; does not
know the time of the wear; ne called on me again
last August, ard wished 10 take room; | let him
/
gust the one Joining sne in the granite building
| then occupied two adjoining rooms; the en-
trance to the building is on Chambcrs-street; the
stars are in front Of the door have risht-hand
rnil they are some six feet from the door, and lead
directly to :hc second floor On getting at the
head of the stairs yos are in an entry running par
! alal with Chambers-strect: my room Is on the
right side OF this hail. and TO enter it you turn 10
the right YOU first come TO Colts room; there are
on that side of the hall three or four; believe
! three between the stairs and mne you pass two
doors before You come to Colts door; Colts door
swings to the right, entering from the entry way ;
space between Colt door and mine IS about SIX
! feet; my door opens jsst as Colts and both are
/ about the same size: my room Is on the corner )
has window, on Broadway and two on Cham
bers Colt has one on Chambers; the folding-deors
between nay room and Colts open into Colts room
| thinks Colt entered into occupation OF the room
Aug. I'd; previous to this used to rent this
room for short period. Having let the room TO
him, the folding doors were locked and remained
so, SO far as know, during his occupancy; the
key was given to MIR. Colt, as | suppose, by MIR.
Riley, who occupied the room before Colt; ne oc-
cupied it for three months-1 never knew anything
of the key after Riley had it: there was no other
fastening that | know Of: the doors could not be
| believe: | was not at my room in the morning.
was frequently in Colts room can't say how
soon after he entered it | went in first; saw a
few ctairs a table, a box and trunk; it was a
pine box, perhaps 8 feet in length, Is inches high
and 1S wide suppose though this 10 mere
onecurc; it stood in the corner at the lett OF The
| door as YOU enter; the table stood At the right OF
the window you enter in the west corner OF the
room, and nearly opposite the door. 4 diagram
was given ~ the witness, which ne SAID he thought
gave correct idea of the situation Of the rooms
1t WAS then given to the jurors, and the witness
pointed out the rooms on it to them The table
! think projected past The window. From
the time he took tie room ill Adams was
missing, Colt and myself frequently met. was
occasionally in hi. room, and ne in mine. had
| in my room, when Adams missed, three VIII.
ting desks: ore against the folding doors, about
seven feet in length and four in width, occupying,
think. Jus, about as much space the deor
another stood against the wall on Chambers.st
extending from one window TO the other; the third
| extended from the corner window in Chambers-st
to the second window in Broadway. used chairs
nj the table at the folding doors, chairs tor the
Chanbers-st. tables, and benches for that at Broad
way-one each side. a person could pass be-
tween the bench and the wa. on Broadway, but
not on the others.
| had also an old secretary in the recess on
Broadway nextto the hall; between the window
and the hall. The fireplace is at the left OF the
door, in the wall the partition s of laih and
plaster. From the time Colt took the room till the
tine of Adams. disappearance wa had no quar-
rel. Colt owed me little for rent and some words
/ passed on my asking him for it. told Coitltwas
not worth while u get wrathy about ii. Colt gave
me some books security and we we're then on
ybt I
ference Colt was in my room after the scholars had
left.
Hewas to pay me $40 a, the end of four weeks,
and s. at the end of six; it was then about the Sd
OF Sept when the difficulty between Us occarred
! Ii was the nextevening that ne came into my room
SAT half an hour or So and rsed on friendly
terms. From that time to the 18th there was no
CONTROVERSY between Us, TO the best of NY reco
lection ne was TO have left the at the end of
six weeks asked him 20 do So and he said II was
not convenient but would do His time
expired Sept. l3-hc asked me to let him stay 8
week longer.
On the 18th September arrived at my room
al about hali-past P NJ, think-on Friday |
was seated al my desk writing, at the north
easterly corner of the room, fronting Broadway
was alone for some time, ill pupil OF nine
about Is years of age, entered al was perfectly
still Arzac Seignette, my pupil, came ln-tooh
his scat. As about 3: heard noise sounding
like the clashing OF iois, in the next room. This
was momentary and was followed by heavy fall
upon the floor OF something quite heavy. The
young man observed Mr. Wheeler what Is
that ! and appeared quite surprised. ! answered,
don't know Immediately left my seat, went
10 Colts door and listened: all was still. |
looked al the key hole, and found the drop on the
inside down over the key-hole-c1cept that a
single ray OF light came through. The Wit
mess was told he could SIT down, but did not. J
had pen in nay hand with which slid the
drop aside, putting The pen into the key-hole.
IL, Il .h.a