New-York tribune., 1842-01-29
COLTS TRIAL.
Ninth Day.-Reported for The Tribune.
C0UgT OF OYER AND 7ERaINER,

FRIDAY, January IS, 1912.
Before Judge KENT, srd Alcermeu PusoY and LEE,
The Court came in a, a few minutes past 10, and
the summing up Tor ths Prosecution COM
rnenced by
JAMES MssAlTH, Jr. Esq.-He commenced by
some appropriate remarks upon The sympathy
which must arise within the breast Of every man
towards the unhappy prisoner at The bar. He did
not assume to be free from them and would be
the ast 10 check their natural tiow. He scout
ed the charge that any improper methods had been
cnployed=by the Prosecution to fasten the charge
Of murder upon The prisoner l. was the solemn
duty CT ne Counsel for the People 10 omit no et-
forts: TO spare no exerions 20 aid the cause OF
Justice. Should he neglect to do this; should ne
not follow up the matter with all the ability and
diligence ie could command the RS hts ST the Peo-
| pie would De neglected, the cause o. Justice would
receive fatal wound, and Murder nigh: stalk un.
rerIoved through osr public streets. ltwas no part
OF the duty of Jurors, he said, 70 exercise Mercy:
it Is Justice they sworn 10 adHastcr and for
that they must be held responsible.
The case has been greatly narrowed down By the
|
admissions OF the opposing Counsel. For many
DAYS we had labored 10 establish BIZ chain of cir
cunsiances what the prisoners Counsel, who had
iought the way inch BY inch, now declare he never
mean, TO dispute Why this pa,erng with the pa
tience OF the Court and Jtry; why consume their
time in a trial Of nine days. which, had this sd
mission been made at first would nave occupied
BUT one or two2 The question has now become,
IL. Il.
but whether he was guilty Of murder; and he said
he should contend that if hcro at the time the
act was committed the intent 10 produce death,
the crime must be murder. He then Went
define the distinctions between expires. and implied
malice, saying that he should maintain that this
act was no less than murder, because the existence
OF implied malice could easily be- inferred from the
facts established in evidcncr.
He held it TO be by no means Impossible,
unparalleled, that this murder should have been
committed for the sake of robbing the murdered
man The case OF Peter Robinson was referred
TO as a fair precedent and the character of the
Individual was declared good ground for interring
II motive. The calnaness and lack of feeling the
prisoner has displayed throughout the trial vas
cited strong y against him. lie had shown far
less emotion said Mr. Smith, than his counsel,
and there not man in Court who shuddered
his terrible deed wcrs held up to his view. The
exposed situation of the room where this deed was
committed was held to be strong ground for be-
Iicvng that it prcmcdiatcd for it was very
open that no ore would suspect or for moment
believe that such act had been perpetrated
there. The manner in which the first hint of this
YVES treated BY the Police sufficient to show
that. this true. The borrowing OF the saw the
day previous. the locking Of the door during its
use, and the unusual reply of Colt to the man who
came to borrow it, were cited as proofs of the
haIlowed use TO which IL was appropriated. The
possession Of the awning, and Tho neglect to prove
when the nails were purchased, were asoremarked
as proving an intent No evidence mad been
brought forward. Mr., Smith SAID to prove that the
dead body of Mr.. Adams was not rebbcd. The
burdIe Of clothes. not identified "a those OF Adams
we're held TO have beeR thrown into the sink after
lis first examination, for the express purpose OF
making the case, though he acquitted the
counsel OF any share in this design.
1t has been proved, too, that Adams had pocket
book in which he was in the habit of carrying
money; and from the fact that he refused s85 for
his watch the day before, proves that he was not in
lack of Money Now why was not this pocket
book, with It's contents, found in the sink And
more than this: the gold watch, known to have be-
longed 10 Adams, was found in Colts possession.
Ii Colts statement that he went 10 the City flote
4; about dusk and spoke his brother founded
in truth, why should so important matter as this,
contradicling directly the testimony OF Wheeler,
Segnette and Drnoce, who declare that no one
left the room lill 10 o'clock, be passed over in 81
Ience in tie evidence? Why was not tha, brother
called 10 testify 10 so material point? Mr.. Smith
said i, wa, wholly unnecessary for him TO say that
the statement Of Colt was not evidence; but ii
might be used against him, though it coeld not III
his favor. There the statement that he
hired take box down stairs, directly
con,radcted By undoubted testimony. Why then
not say in this confession that he took the box
down hilnself' Because then the marx upon his
shoulder would have beea accounted for and TO do
this was no part et his purpose. Even granting,
then, that this was legal evidence, Is utterly dis
proved by its own discrepancies 1t is shown 10
hive been go, up for the purpose of exciting
the passions and the sympathies Of the Jury. The
remarkable coincidence between the successive de-
lays d the kaarnazoo and the successive renewals
bv Colt OF the lease OF his room noted
proving intent. ana the declarations OF Colt, made
a few davs afterward that Adams had always
treated him kindly, was cited as giving the lie 10
the opposing evidence sought 10 be introduced by
the defence
= The subsequeu, merri,nea, Of the prisoner in the
very room where he she'd The blood Of MS victim
was adduced in illustration 0; his cold AID heart
less character The discrepancies in Miss Hen
snaws testimony relative TO the watch and between
,hat and Coils statement relative TO the time OF
t ms going TO bed we're noticed and tae general char
ac,er of the witness remarked as fhpeaching her
+ testimeny.-
Her testimony a, the very best could be no bet
ter than thar Of wife; and this is most rgh,fully
/ excluded BY the law. Her evidence, then as TO the
mark upon his neck 10 be rejected. Judging