The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-05-06
Price Two Cents.


Court OF Oyer and TermIner
Before Judge Kent and Aldermen Balls and Ha,Go1d
MoTior FOR NHw TRIAL CAsr OF JON, e u
MAY 5-The prisoner was brought into Court an bo,,r
or two before the arrival of the judges He resued ~
old position beside the love on the left Of the bench @
tooh apparently deep Interest in the proc eings He
has been sick Of late which added to the care ncde,,
ms precrious situation, him to look somewhat
pdie ana INN compared TO what he did the time of his
s,iai ms brother Charles was with him. seems TO
sun even closer than brother" experimenting and d.
recug ms unhappy affairs. JoHs A. MORRILL, and Ron.
fnMrr E9s appeared for the prisoner and Mr. VIM.
so' District Attorney, oidcd by Mr.. JAMES L. Smru for
me people The motion separate from the hill of cy
epons' Mr. Wuirrso objected TO the notion dec ar;ng
's court could not entertain IT, The cnse WINS nov,
Inc Court said that the decisions as 10 Tho nil of
an DC disturbed but it considered tLi. motion
other. 'F " "'oepehaeht Oh the
ons m1n a then read COPY of the bill of ercep
IONS ana also an affidavit Of himself and Mr. E,n,,T Sta
ing that he Deputy Sheriff had received orders ac
I IN 20 Jaw 70 summon the jury &c Ito also read seye-
rpl shidavis setting forth the ground of his MOI
Ihc nrst was from Frederick n. Kcnsett which sa,e
as follows he resides as Henry street
turiay night IN whch the trial closed he remained in H.
Park near City Hall and could the Jurors in their e
he Ene% ~es Mr.
the jurors put their heads several times and ca,
n n, 70 maze remarAs as to its improperly of them
words acQuitta or conviction and he Thought IL ,.as
sna by theuror one Of thcmwas looking he heard
person cxcaim hang him up the heels. and other
such remarks. at which witness astonshed he com
n n nat he heard to several persons including Mr.
|
any OF his conner iOns, except his brother.
Lew PEcx, RosERr N Bouros, BEsJ. True and Din.
present at the North American Hotel some time previous
to the trial of Colt and heard Mr. Nathaniel r. Hused
ca on me trial as ajuro say that Colt ought be hung
up without Judge jury that he ought to be hing 6rsf
ana ted that the law could reach Colt
me people would, *. He spoke in to n remark
made abon the death of Adams and expressed himself !.
an exceedingly severe tone.
Francis T. Wmsos testified to having heard Mr. Hustled
tho evening before the trial. that he had summons
ana wshod TO God he could get the jury but sup
counsel asked him II he had made up his mind he would
say. Mo- "'"''
MR. WHrrIso then read several afiidsvs in sunno r
the prosecution One from Mr. Green DEPUTY sherif in
winch nc shows that the jury had been properly sum.
were in explanation Of some already read where hc DO
claraons of Mr. Hustled had been strongly alluded to-
Lnn ,s Wls'r testified that Mr. Hustcl into
sation whatever with Wilson. iir II. having addressed
hmse e witness nc said that he had been summoned
out would not serve for $50 and 20 down and
his mind 40 "" UP
mcnt which Dr. Corning signed in his office but did not
come back and swear to it. The Doctor states it, that
Mr. Hustled came in while they talking about Colt
ana Adamf and made the remarks he did oil hand and
without consideration, &c.
RonERr A. BouroS Second aidavit) said he was prc.
sent but did not hear oil the expressions attributed Mr.
Hustled He said was awful crime and Colt ought to
be hung UP, without judge or jury.
THOMAS s. MILLER testified to being present Mt tho
conversation, He came in while we we're talk ing and
SAID II ne had him he would hang him without Judge or
Jury We replied, with such sentiments he would not
answer to be juror This was some weeks before thc
trial. He came in with something, and did not previously
Know what we were saving
An affidavit from Mr.. Hustled himself wss also read He
was out Of town at the time of the murder did not re-
turn till the 10Th Oct He read anv accom-, of tho
matter in the papers and all he knew about it was what
nc heard when people were conversing He never un.
quaihedly said that Colt deserving Of punishment,
but that he the facts such as had been re-
presented, nor did he feel so in his own mind He has
spoken with the gentlemen who present and who
he call n,pJL
said what they attributed to him. The affidavit of Wilson
Is iai;e In every important particular. Winshp said.
serve for fifty dollars" Winship keeps lunch in the
basement of the North American Hotel. | went in for
The next day applied TO the Judge on nc
count Of the sickness of wife, but he would not allow
II unless could swear that she WINS dangerously so.
When asked by the counsel if had expressed opinion
answered as really believed many persons speaking
thinking of the circumstance perhaps next minute went
into the jury box with mind perfectly unbiased After
the jury had retired did put my head out of the win
dow, nor did see either of the other jurors do so
JosEPH DHop of the jurors mnde affidavit tn the
statement oil kense incorrect SO far him
sell or any OF the other jurors that he knows Of He
| by the window, but did not put his head out.
Errsrru' How, another Of the jurors testified that the
jury room was close and he opened the window and
down by it, but did not put his head lie afterwards
saw some persons outside in the Park with cigars SC.
The utmost propriey observed in the jury room
HosE. +. CLARKE, also juror made affidavit that the
room being warm and close of the sashcs put ND
He in the Park but did not speak nor did
any persons from there say any thing TO him, lie did not
hear the words spoken alluded to by Kensett
JoHS RosuoE and all the other Jurors made Joint aft.
davit, IN which they state each for HIMSELF that the
jury retired to room in the third story Of the Hail. in
which two windows The air of the room was bad
and sash was pulled down and another raised but neither
OF the Jurors put their heads out did they hear
thing spoken out Of the window. Did hear nor say
what has been attributed Their deliberations
ucnced, and the conduct Of Mr.. Hustled correct and
he was ono among the last that gave up the hope that
modified punishment could he obtained One or two of
the jurors looked OF tho window but neither of them
said any thing while doing so.
Mr. MORRILL, then opened the argument in his usual
able and energetic lie that this Court
had power to grant trial account Of the inor-
naes in law which the jury and also OIL the
merits Of the He cited several authorities in support
of his position. While the argument still pending the
prisoner was remanded, and the Court ourncd half
past 10 this forenoon