The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-30


you to say IRON these from any others thai vour
memory Will supply, il there be others, whether
ss paooI sere otdesisn Bat bet Us see how far
they arg counterbala9ced by circumstances on ~,
others9e lore Judge Kentreferred TO The nrocS
that Con had the boz, hatchst and awning Ion tn
and thsimprosability that il he meant 70 Kill
Adans,he would chose public place TO do II In
have now considered the events up to the time a.
Adams going into that room We now come 10 n.
last branch OF the subect that is, the
occurrence ITSELF and the events in that room. Be-
lore DO SO must make some remarks on the livh,
afforded by the subsequent conduct of Colt al 10
the packing up of Adams, and execution of ths
plan OF concealment His counsel says that this il
only legitimate evidence as evineing the chsracter
OF the defendant. Perhaps it goes farther In
some instances soseealment has been held to s.
Eevidence Of certain guilt (Hers he referred to
concealed another child). But after all gentlemen
considering this subject as philoso hcal jurists
what deductions as logicians and fair reasonsrs,
VIII you draw frem this Is it necessarily evidences
OF guiitt lHere Judge Kent stated, that although
l the concealment might strike the jurors as evil
denee, he did not SO see it,. He referred to the
testimony OF Wheeler and Seignette AZ TO what
/ they heard Inthe room, and their conduct after-
wards, and the apparent discrepancies between
their statements. He also referred to the doctrines
Of faley and others in relation to circumstantial
evidence, and read the following
But variations in the restsas by different persons of
the same Transaction event. ia Of
necessarily indie alive of fraud or
enooo, provided there be substantial agreement in
wner respects True strength OF mind consists In not
allowing he snt, when founded upon convincing
20 be disturbed because there immaeri
rePsncies which cannot be reconciled. When the
vss nherent differences individuals with respect to
nature dasSss aud acquired habits Of accurate sbser
the important influence of intellectual and moral cui
ure are duly considered win not be thought surpris
number Of witnesses to all the Collateral Of
the same principal event know not VS. Dr. Paey
standing thar q reject Of o. o the Ssds.
son 81 some diversity in the circumstances with which
is substantial truth under crc tanal VARIETY Th;s
what the daily experience Of courts Of
When accounts Of transaction come from the mouths
OF different witness it is seldom that is not possble
70 pick out apparent real Inconsistencies between
them. These circumstances are studiously displayed
by an adverse reader, but oentimes with little impress
son upon the minds Of the judges On the contrary
CLOSE ana minute agreement induces the suspicion Of
Instances Of discrepancy the minor sttendant cir
Of historical events almost numberless
Lord Clarendon relates that the Marquis OF Argyle was
condemned be hanged and that the sentence vas per
formed the same day. Burne, Woodrow, and Echard
writers Q. authority who lived near the time state
and that the sentence Saturday. and
carried isto effect the Monday following Charles
the second, after his fight from Worcester has been
varisusly stated to have embarked Brighhelmsone
and at Now shoreham Lord Clarendon states that the
ing Of the 2Sth Of August very stormy and sempestu
Gus day" Other contemporary historisns state that
dlGCrep0U.
cs never occsson doubt the truth Of the princ
pal facts with which they connected.
He continued There is difference between
Wheeler and Seignette on minor points, but in the
main fact they eorFoborate each other. They heard
noise, clashing, rush-no stamping-thsy
heard the fall OF heavy body. And there is this
fact in which they agree-they heard no sound
directed to that room. Had there been groAu, or
another blow, they would have heard, it. But it
does not follow that they would hear lead CONVEX
sation-tEey heard the termination Of the ARRAY,
but nothing after the fal-ther attention was not
called to the commencement of the transaction.
Now, as to the woands themselves: we have
heard a. far as human testimony can goa clash
ing nose-s movement Of feet, and almost instan-
taneous fall Of heavy body. In addition to that,
we have the evidence Of the wounds themselves as
apparent on the skull On this subject the doctors
disagree, nor have been able to arrive at any
tisfactory conclusion myself. (Here Judge Kent
referred TO the contradictions in the evidence Of
the docters--the hypothesis Of Selaen, AS to how
they were given; and stated tina; 2: on. had
there was fracas. The first wound eansed
insensibility. Had it not, the attention of
Wheeler and Seignette would have been aroused
Of agony which all the din of the crowded street
would have failed to s,he. For there 10 something
in Inc shrierk Of mortal agony, peculiar sces p
the accents Of fear, that rises above the din of
all around il. That there was tracts the
gentlemen infer from the nature Of the wounds and
also from the testimony Of Caroline Henshaw. That
esumOuy IL 10 Dc examined with Care-but the
preston on my mind was that credit was to be
given to it. That interesting young woman pre-
sents hsrseh here undoubtedly under some unfa.
vorable circumstances. She is destitute Of virtue
at any rate that expression is by far toe strong
she has fallen from that state of purity in which
we could all wish her replaced But nothing 10
proved against her but that she has taken one
wrong step, to which she may have been driven by
the overmastering influence Of human afectien-of
the strongest passion OF the human heart. And
she has stood that test which all lawyers think the
hardest and the best-a vivd roce examination
She was examined coarteously but strictly and Sc
verely by the District Attorney. You heard her
childlike details-you saw her artless manner and
her innocent behaviour-thers was no anxiety to
her langaage-nor shape her phrases. She poured
forth all her statements as one had said,
Conscious of its value and careless of s strength"
1t may have been stery srtfully constructed :;
but if so i was one Of surprising art to show so
little desire to tell where much weujd have an
peared Of value, though certain to prove worthless
The mark in the neck she said, was small; il was
no bigger than sixpencc. 1t wonld have appeared
advisable to have shown that the marks were large
and numerous. But she did nst so desire to shape
her statements and confess that believe her sto.
ry. (Judgc Kent then referred to Octen's testimo.
ny Of the box down stairs, and said that
or pinch in the neck) You have now, 1 believe
the whole laid before you and is for Won to
say what does il prove. Is it murder! Because
said before, in legal point Of view, If there was
pre- medidated design even after Adams entered
the room, then ceft is guilty OF the murder You
have heard the various motives which may bs
assigned for the commission OF this act, and this
subject let me read what writer, speaking Of the
results of his Investigations Of mem-of human
nature, and the causes Of human action, assigns as
the lesding motives ofsuch acts:--., -.
Motives are with relation to moral conduct what
physical power is to mechanics and both Of these
kinds Of impulse are equally under the influence
Unknown laws But in reasoning upon motives and their
resulting actions IL Is impractcsblto obtain the
sure data as when material phrnomena only are in.
voved since it Is not possible to discover all the odi
unerng certainy the true character Of the motives
from which they spring. fL
An evil motive coDstitutes in law, in morals the
essence of gu and the existence inducing motive
for the voluntary acts Of rational agent assumed
naturally secondary concluded to exist
aphe The ofS