The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-06

mansisughter or .Scussb-, unsuitable homicide
cordiog to the facts and circumstances of case
Sec. s. Such killing, unless it be mansiaughter or
excusable or justihsbc homicide, hereinafter pro-
l. When perpetrated from preneditated design TO
effect the death of the person killed. or Of any human
being.
.. When perpstrsted by any act imminently danger
to others, aud evncing deprav mind. regardless
of human life although without any prsmedated design
to effect the death Of any particular individual:
g. When perpetraed without any design effect death
by person.eng aged in the commission of any felony
The ground taken by the District Atterney will
be that the instrument made use Of is sufficient
| proof OF the malice aforeth0ught But under this
and the blow given expressly from design to cause
DEATH or it 10 murder in the eye OF the law, as
you will perceive from the following statute, I'd
Rev Stat part 4, CHI. i, title I'd, art. sect 8, TO-
L.
Sec. 8. The killing of a human being without de.
sign to effect DEATH BY the act or cupaole
negligence Of any other while such other engaged
. In attempt to perpstrate any such crime or mis-
In sass. where such killing would be murder at the
law shall be deemed manslaughter in the first
| Sec TO- The killing of human being, without de-
sign effect death, in heat of passion hut in cruel
and manner unless be committed under such
circumstances as constitute exoussble or jufabe
homicide, shall be deemed manslaughter in the second
Sec d. The killing of another in the heat of passion
without the design to effect death ~ IS wea
her is herein declared to be usfabe execusabie,
shall be deemed manslaughter In the third degree.
Now here we are told expressly that The killing
Of human beingJ being without malice afore
thought shall be held to be only granddaughter, to
torneyis bound to show that there premedi-
tated intention, design the part of
John C Colt to kill Samuel Adams. But has he
| done this We say that he has not. And more, we
sk.ll ,ko-x Nav ehaAn IF hat
in this there was no killing which would con-
stitute murder in the eye Of the law that there
not such killing as would render the prisoner
guilty, of mansaughter in the third degree and
we shall be able to show further that this was a
| justifable or cxcusable homicide, if the evi.
dence on the part of the prosecution 10 SUI
fcient to show that there was a homicide at all
In the caseiof Ezra White (reported in "A Wen
delD which was so ably argued and conducted by
our associate in the law, Mr.. David Graham, (whs
deserves very great credit for the perseverance,,
forward till it was tested and decided by the set
tied and just Of law,) in that il was
decided by the Supreme Court of this State that
when prisoner tried on an indie tment for murder
and tho express malice cannot be proved, his
acquittal must necessarily follow. Now, gen.
tlemen, let ask you, have the Prosseu-
ton done this9 Has single particle Of evil
on the part of John G. Colt to kill Samuel Adams?
1t remains for you, gentlemen, to examine this
part efthe most carefully. 1t is neither my
hand Of what nature our evidence win be. Cir
| camstances exist which forbid this course
But we shall be fully able TO show you. by train
OF collateral circumstanoes, that there is sufficient
laid in the indictment. According to the
decision Of the Tennessee courts, express
malice must be proved, or an aequittal result
to the prisoner. If doubt exist in the minds
of the jury, A. to whether the crime be murd
er or inauslau ghter, they must acQuit the pr.
sonsr; and ifthey doubt whether it be mansaugh.
ter or exea:able homicide they are eqnalIy bound
to acquit him. Here the learned gentleman read
from the case Of Mitchell vs.. State Of Tennessee
Yerger's Tennessee Rep, p. GA If there is
doubt, vacillation in your minds a. to the nature
the benefit Of that doubt, and verdict Of ac-
| quittal. Now, howstands this easel Who caused
| Adams to visit Colt? Did Colt ever invite him at
any time to come there! Look through the
| be particle OF evidence to shew any appoint
mcut between them at any time-there is
thing Of the kind Has John G. Colt ever said any
thing against Adams Z ever uttered An unkind word
against him Has il not been the very reverse of
this On the contrary is it not proved that in all
their transactions he was friendly, kind, talking
most perfect cordially and good feeling and yet
the District Attorney says that there has been
murder in the language of the statute. Why,
| gentlemen, il John e. Colt intended to kill
Adams, would he have done it there in that room
adjoining the one occupied by Wheeler-a room
| which Wheelers scholars requented all hours OF
the day-in q building, the doors of which were at
| all times open to the whole community-in pub
| slant access? Could he have contemplated such
thing Why, man must have been frantic, who
could for moment have thought Of committing
| such deed in such place But, thank God, we
set up such defence, no plea Of insanity in this
| case. Again, every thing has been said against
Colt in the newspapers that ingenuity and detrac,
ton could invent or assert. II has even been as
serted that he bought box and salt, that he en-
closed the dead body in the box, and covered it with
salt and that he bought the Ratchet and the awning
and procured the pail, &c beforehand, with the ex
| press and premeditated design of committing MUIR
| der. But we shall be able to show that he had all
these things in his from the time he took pos
session of II till his arrest He purchased none Of
them las has been oharged> for this purpose Why
| the District Attorney has endeavored to prove
| otherwise. He brought witness to prove that he
purchased the awning, bat failed iu that he then
| tried to show by the milkman that Colt made the
box, but failed second time. But It is not the part
of the counsel for the opening to dwell upon that
| which mere properly belongs to the summing up.
II is sufficient to state the general facts which
| we rely for the defence. Gentlemen of the Jury,
no being saw Adams and Colt together in that room
| but the Almighty God himself; no person saw what
took place there between them. But, gentlemen,
| there 10 such thing as An overruling Providence
| producing evidence to provide an acquittaI, even
in such a case as this and think that we shall be
able to show you by collateral testimony that the
| prisoner was exposed to vioieRce aud danger, such
left the traces Of il upon him and that ON his
appearance and conduct, what he did in that room
Unjust have been done in self defence alone. We
shall show you, from testimony concerning the
nature Of these blows, that the wounds, il inflicted
by him Adams, could have beengivcn but in self
defence We shall show you this by collater raj Evil
dsnce-by the testimony of the doctors, and by the
| appearance Of the skull | must confess that il
| struck one with surprise, that man like Wheeler,
who swore he wasn't coward, should act as he did
this case, that he should believe murder had been
committed, and then merely listen and peep through
the key hole and then call in others, talk over the
matter and do nothing else; why didn't wheeler,
il he had the belief he staese throw open nose
whole transaction as il occsrred; why didn't he do
this, which he knew he coald have dome BY rsising
that bolt and throwing open those deersl he might
spot: and would then have saved the prisoner, the
court the Jury, and ourselves, an infinite amount
oc trnrble If he was so greatly alarmed his tea-