The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-28
Court OF Oyer and Terminer.
Before Judge Kent.

For considerable time before the opening Of the Court
the lobby was filed by dense crowd anxious to hear
the dreadful sentence Of the Law pronounced the i'll
fated Colt. When the door opened the crowd, as
usual rushed in in rather tumultous manner and in
| few minutes afterwards the Court filed
About ten minutes past ten O'Clock, the prisoner was
led into the court room by officers Colvn and Smith.
The unhappy man looked much worn, although not SO
much might be expected. His countensnce how.
ever, was very pallid, his step had lost firm,
elastic tread. and he hurriedly. and with some.
taken by convicts on receiving their sentence. He
glanced round the room, and then Immediately sat
down with his back towards the spectators. After
conversng, in an apparently cheerful manner for few
moments, with young member Of the bar named Field
Colt asked Tor morning paper which handed him
by officer smith, and he occupied himself reading it,
and conversng with Mr. Morrill, of his counsel and
his brother Charles until Judge Kent and Aldermen Pur
dy and Lee other members of the Court who presi.
| dcd at the ia) made their appearance.
Al half past ten Judge Kent and the Aldermen entered
| Judge Kent had few words OF private conversation
with sr Whiting the District Attorney, and Messrs.
Judge KENr-Placc John c. Colt at the bar.
| Colt was then placed at the bar.
Mr. WHITING real certified copy Of the decision of the
supreme Court, approving Of the finding fthis Court
Mr. SELpES said he had not before that document
| Mr.. WHIrISG-You were served with COPY
MIR. sELpEN-It was that the exceptions be overruled
The expression there is that new trial be denied The
Supreme Court had stated that upon previous decision
made upon case coming from the county of Madison, it
was decided that they had not the reviewing
csons of the court on the interlocuory question sup-
pose from my communication with counsel who argued
that notion that at the time il under discussion it
was question capable Of review.
| Judge KENr.-What motion do you offer
Mr.. SCLpxNl would be happy 10 be permitted TO ar.
que that point to which allude am satisfied that the
ruling Of this court not in conformity with the opinion
Judge Kxsr-we cannot give you the permission you
| seek.
| question reviewed.
| Judge KESr-Any thing farther Mr. selden?
| SELDES-Notl,ing, Sir.
The Clerk of,he Court then desired Colt to stand up
| and addressed him in the usual form
You may remember you have heretofore been indicted
you pleaded not guilty and put yourself the benefit
oil iria you were found guilty have you now to
| youq
The PRsosrR-I have prepareda few remarks which
Judge Kent DO you wish it read aloud
CoLT-Certainly, sir.
Judge KENT then road the following paper handed to
| him from the prisoner at the bar = tr
THE position now hold is to sentient being the most
agonsmg possible II is more painful than the struggle
Of death ITSELF But II is form of procedure that
obliged to pass through before my reaches the last
ribunel OF State to which viii be carried accord
ance with that justice which caunot bedened to the
est Of mankind. Most cheerully will submit my case
to final examination by the Court of Errors. fully be-
heveit will set aside the judgment Of the Jury who
so far led aside by prejudice on the
| evidence-to trample on the law-to tran pie the
cularon the time Of and before my trial. may not
however, be considered surprising that the Jury
mi.led from coming to right conclusion. For it is
truth that no man can question: that the reputable
characters have often been preudiced, without
themselves being OF the fact. How far these pre-
fact that one ofthem Mr. Hustled remarked before the tr
al that Colt sould be hung first and tried afterwards"
which will by the adavits of several respecta
BILE witnesses Ali that fortunately situated as am can
expect an impartial trial by jury This is oil desire,
and this the meanest vagant in the streets has right
demand Misfortune, not crime has placed in this po
sition and although low down possible without be-
ing annihiatei STILL rest assured have lost my
serespec regard for the credit of the species
submit calmly to this injustice AZ this consequently is
not 10 be the end OF this business desire that the Court
Of
tence, especially the accompanying comments"
Judge KENr-The Court has desire, you,
to make unnecessary comments The is painful
to the Court as be distressing only
refuse to accedeto request by making few remarks
on the conduct Of the Jury is due to Justice and is
due to Of the most intelligent Jures that
Court Of Justice that should allow them in this
their appropriate tribunal to be traduced or
against It. That Jury selected out Of three hundred
our most respectable citizens taken unfortunately from
city, selected under most exercise ofhe De-
remtory challenge by and in every case when
objections raised and allow ed it favor the
prisoner. Thus selected, their demeanor in court
was such as to entitle them to the highest
consideration OF the tribunal in which they APP
peared Cut off from intercourse with their fami-
lies separated from their business and the world
sed here in sort of prison for eleven days saw
one of them exhibit the slightest Impotence; the
dignity DELAYS in he hs
trials calmly honestly unalterngly only to dis
cover the truth from the appalling evidence spread before
| would have seen the same quiet, calm, impassive
honest inquiry attending and charscterzing their de
alterations In 50 far therefore. this paper expresses
dissatisfaction with and contempt Of the Court and Jury
it is the concentous opinion of him who addresses
you that entirely incorrect and unsupported If that
Court erred at ALL believe did in too lenient con-
strucon ofthe circumstances of your offence and happy
will be for innocence in all future time be brought
before tribunal rs willing to hear, ready to
believe, as humane to forgive. do not wish to prolong
this distressing scene. You man of educatien-a
man Of talent We have had the most striking and i'm
pressve evidence that you calmly contemplate and
cooy meet the most alarming crisis in human life will
ordinary topics addressed 10 criminals on the approach OF
death. leave that to your reflections simply adding
that so far this court is concerned they about
appoint the ultimate hour Of exisence and trust
you will meet that hour, relying not human MEANS
and that when earth is disappearing from your view, not
earthly things will your thoughts be placed Is my
duty to say in addition that it appears that yon
eyince the most total nsensibity regarding the crime,
remembered that though lawyers and iuries debated
what degree Of offence came to- whether it tech
nical murder, or technical mansaughter. no
doubted that it crime of the greatest mag
nitude and enormity. and which has ieft the stain
OF bood-gultiness on your SOUL Il isa crime. too,
Of view all those appalling which followed
the commission oftha homicide. which will not distress
gaping wounds no o"
list that the deed was marked by ferocous passion and
| sanguinary cruelty.
CoLr here rose and made an effort to speak Judge
Kent paused and the prisoner proceeded in loud
and hurried manner-"I wanted to convey the idea
misled The Judges charge the best argument prove
that do not impugn the motives Of the Juryf only
speak Of them a. having been in error which believe
now the opinion Of ninc-tenths of the community Az
far regards my conscience in this affair,
you sir that would rather trust the whole affair to God
himself than to never committed act In my life
that would not have done again under the circum
stances. Depend upon II, am not the man who could
receive an insult without making retaliation The
retaliation was made with any idea of killing the
man, but he made the assault and responsible con-
sequences. think, sir, you have inexperienced
tirely the sentiment meant to convey that bit Of
paper. am ready for the sentence az know cannot
be avoided.
Judge KESr.-The sentence will now be pronounced,
with an expression of the regret with which the Court
have marked such morbid nsensibity which you exhi
bit in your last speech and which convinoes that any
further remarks would be lost The Of court
is that you John q. Colt the of Nov. next be
hanged by the neck until you be Dead may God have
mercy on your soul Remove the prisoner.