The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-30
COL TBS TRIAL +.
TKyrH DAY-SArUaDAy

The excitement was very intense the whole OF this
day there was perfec. mob around the City Hall
from morning till night. There was also about
forty or fifty females in the Court room all day.
The programme Of operations was this: Mr.
Whiting occupied from 10 till quarter past in sum-
ming up. The Court then adjourned till half past 8,
when they re-assembled. Judge Kent delivered his
charge, which occupied about two hours and a
quarter in the delivery. We have only room for
the
CHARGE OF JUICE KENT.
now becomes by duty, Gentlemen Of the Jury,
TO close the last scene of this long, exciting and
protracted trial And if my remarks have no other
good effect they will at least in the calm and tenn
perate tone which il is my duty as well as my de-
sire to give them, afford you some space of calm re-
Election between the exciting speeches which have
Just been made, and the duty OF deliberation which
is to follow cordially agree with the observations
of all who have witnessed this trial, that you
deserving Of all praise for the patient elaboration,
unwearled attention, and good feeling, in which
you have gone through this protracted trial You
must carry this still further. My duty will soon be
ended and yours viii begin and you must execute the
task assigned you in the same spirit OF klndness-oi
disposition to- act calmy-at the same time you exh-
bit the steiner virtues OF fortitude and justice Some
aluson has been made in the course OF this trial. TO
the excitement which prevails out doors in relation
10 this case. / have always been inclined to think
that this was exaggerated Indeed, had the Court be-
eved thatthls excitement was so very great and had
extended far asto preclude lair tra that the mind
of the community far diseased that the case OF
this unfortunate prisoner could not receive frem 1t a
fair and candid examination, II would have been
my duty TO have postponed the trial till season OF
calm quiet deliberation had returned BIT never
did, nor do now believe, that such an excitement
existed 1t would have been strange indeed, II In
orderly city Of New YoTk-in this quiet, dut,tM,
loyal, and christian communicating public mind had
not been shocked by an event frghtu in It's cha
racter so terrible in its developments. Although |
saw evidences of this feeling, and indeed partook OF
il myself, do not believe that any other desire than
TO do strict justice TO the prisoner has existed Nor
do believe that amongst all the spectators at this
trial. nor the multitudes who have thronge ed around
this building that there has been one individual who
entertained the slightest doubt Of your capacity to
give this cause all that calm and unbiased dellbera.
ton which law and justice require. We have all
confidence in you-the Court has kept you secluded
as much as possible from the Influences without, and
the whole community believe that your verdict will
be honestly rendered and OF course, be satisfactory
to the court and TO the country. AS for myself gen.
tlemcn have seen your conduct for the eleven days
that we have been together, and from what notice
have taken OF your conduct and remarks, am sa
usted that there are honest hearts and sound heads
among you. Before proceed to few brief remarks
on this ease, | will make one or two observations on
some of the incidental collateral occurrences con-
nected with the case In the first place, regretted
to perceive, during the last stages OF the trial. some
ex acerbaiions OF excited feeling which entire
ly uncalled for, Never were there gentlemen, more
entitled to each others esteem than they who repre-
sent the respective interests Of this Looking at
dispassionaley as | can from this elevation, and
impartally as is my duty, see nothing on either
side to blame. There has rarely been seen such
talent and industry that exhibited on both sides.
The case on the part OF the prosecution, has been
prepared with an accuracy OF detail an attention to
leve that the credit of this belongs not much to
the District Attorney, to some of the subordinate
officers of the police, under the presiding influence
Of his honor the Mayor On the part OF the prisoner,
this has been met with Industry and elaborate
preparation of his case, rarely known, and
on both sides. as you have heard, there has
been displayed an elOqnence rarely equalled-never
surpassed / repeat, there is nothing to blame on
either side; and with respect to the District Attor
ney, it ismy duty to say as magistrate that nothing
has occurred in the whole of his conduct on
this trial. that ought in the slightest degree to mill
tate agaiIs, his Just reputation He has discharged
his duty firmly, ably, and consclentously, and with
the strctest prOpriety, far have been able to
see Leaving these matters, it Is my duty to lay be-
fore you the law on this case and to 60 into some
of the wise rules and principles which pervade this
branch of our jurisprudence, and you must hear it.
You are for all effective purposes whatever you may
be said to be in theories the judges of law and of
fact--and as such, empowered to act; therefore,
first hear what the Statue Book has said And all
can say is, as the representative OF the government
on this occasion, you must hear with attention such
observations as il will be my duty to address to you.
All homicide, or rather the taking Of the life of
human being, is divided into four kinds UNSUITABLE
homicide, excusable homicice, murder, and man.
slaughter. The latter description of killing
is again divided into four degrees, There
are, SO far as your verdict Is concerned, no
distractions between justlfiabe and excusable homi
eide II the case come within either, the prisoner
is entitled to an acquittal Nevertheless, the law
does make distinction between them; because in
the eye Of religion and morality, more blame at
taches to that called excusable than TO Justifiabo
homicide; to which latter, in fact no blame attaches
at all For example, homicide is iustifable when
done in obedience to the judgment Of any competent
court As, for example, when done BY sheriff,
when carrying into effect the 6ehest OF any court.
That of course is quite defensble. The sheriff is
the minister of the court Here his Honor told the
Jury to consult their convenience as to stand.
ing up or sitting down, as his remarks would be
protracted over an hour. The Jury, however, con-
iinued to stand for half an hour longer Secondly,
when done in execution OF any legal process; as
when q sheriff has capias put into his hands, and
kills, the laws must be obeyed, II Is rare case;
but the laws must be carried into execution; and to
his killing blame attaches In the eye OF the law
Thirdly, when in the taking OF teons. Fourthly,
when arresting felens fleeing from Justice mention
these cases as instances IN which not the slightest
blame attaches to the person, whom homicide is
committed. Homicide is also unsuitable in two
other cases, into which this ease may come if You
so think. Firstly, when resisting an attempt to
murder, or to commit any felony on him or her or
in entering any dwelling or place IN which such per.
sons NAV be Ii an atteTpr for Instance be made to
law of the land resist force by force, aud kill the
person attempting to kill me. Again, if burglary
be attempted-my house is my castle, and may
kill the person who so invades it Now am not
aware that the prisoners counsel seek to bring
this case within this clause of the Statute.
The scheme Of their defence, does not seem TO
embrace he words have quoted from this bra.ich
OF the statute. Nevertheless, if you believe that
the life OF Adams taken by Colt in resisting an
attempt on the part of Adams TO murder him, or
TO commit felony on him, then Colt is entitled to
an acquittal. A felony means any offence that is
punishable by imprisonment in the State prison
sderatons that may distract il, repeat, that the
prisoners counsel do not seek to bring his case with
in this clause OF the statute. Then comes the next
clause into which they do attempt to bring it. Now
homicide, says the statute, Is justified when com.
United in lawful selfdetence, when there shall be
reasonable ground TO apprehend design to commit
felony, (Which, said, suppose this case does moi
embrace,) and, secondly, when there is reasonable
nd nd uYea no lo,