New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-25

/ what csn have become Of him - was writing,
and did rot look I'LL he laid his hand on nv desk
/ iopked up and said . 90 n, know the las; |
saw CT him Be SAID he was going 10 see ycu: did
/ you see MIN think ne made no, much answer;
! ne stepped back table and made an expression
something like the hrst one lie had used :-"It'.
Very strange. This was, think, between 10
ieanc II " conversed then sboat the shipment
OF The books Alter | had said : | DO n, know
re changed csuntensnce, and felt sorry that
had made the remark; for thought ii q pointed
one, and one which. under similar eircum-
stances. would have hurt my own feelings
had no Suspicion that he had met his death at
Colts room. HI wen, back four or Eve fec: and
leaned table, thought ne evaded my cues
ton believe he made no direct reply
81 tie Conrt-The 400 copies were sent To
Philadelphia the mex, day. On the day before bis
arrest told Colt 1 had written TO the auc,oneer
10 reserve $50 for ne. never received the $50.
Colt told me he had received S25.
. Mr.. LAroRysr called.-Am French Consul
acquainted with Colts pistol. Mr.. l.. said
he came forward voluntarily not considering him
self bouns 70 obey the subpoena.
Mr. SyLDTS said ttist he thought this was an
examination which. undsr the Indictment could
not be trierated al all The indictment could not
ne sustained unless the instrument causing death
described. He Sait that ii the prosecution in.
tended TO take the ground ,ha, bullet wound was
inflicted on the head OF Mr.. Adams, inssrsuch ss
the circumstances were known before ,hev were
bound 10 introduce The instrument a. the cause OF
death. and 10 set /; terih in the lrCic,sent.
The Court must perceive the result of this.
II was clearly the tiut, y; the prosecution 10 IN
troduce this charge into tbs Indictment and this
fact. that thr discussed came 10 his death by e
all, L..
The instrument were known after the finding OF the
grand Jury, the prosecution must Introduce it into
the INDIGNANT. Upon this point he maintained
the law very strict.
He did not say that it was necessary te describe
the particular appearance OF the instrument used
bat /; was necessary in the Indictment tha,
1t done bv particular class OF Instruments:
it must be stated whether it be done by a ha chet
or fire arms because here different power
poved. l. was necessary, IN order that the dc
fence mightzbc prepared to lnse, il. Unless this
Is so there is no usa at all in introducing upon the
face OF any indictment the kind of instrument used.
He then cited authorities TO support his position,
aud called their attention To the different counts in
the Indictment The second and fourth counts
stated TINT Colt, with the aforesaid instrument 10
the Jurors unknown. did St2'tks and cwt the said
Adams. All the wounds described in the isdct.
ment as having caused The d,ath the wound.
on the light side of the heat and were described
as having been made wk n cutting instrument.
These were the wound. for which they were called
on To prepare defence.
But there w.S not single count leading them
TO prepare Tor charge that Adams killed by
any description OF firearms. All that Mr.. Selden
asked was suitcicnttime prepare meet this
portion Of the attack all that he said was that if
-,
prosecutor intended to make this charge, most
unexampled course had been taken.
Mr. Whiting admitted that had it been in his
power to prove that pistol had been used it would
have been his duty thus 10 set it forth in the in
dlcmcnt; and if he had reason to suppose it he
should have so introduced it. But he said it had
remained matter Of grea, doubt as the instru-
men used until the trial had proceeded some ways.
1t had flashed across his mind however, that u
pistol waa used and he stated hi, profess
sional responsibility that it not until the
/ trial had progressed some ways, Whit was
used. But he now believed that pistol
used, and it was suggested by the examination Of
! DR.. Gilman and other witnesses. From the fact
that no explosion was heard he was led to doubt
lit but he had ascertaned that Colts pistol could
be discharged by the mere use Of a percnssion
cap without any powder, and cause the death of u
man; and that the noise is exceedingly slight, and
he thought very like the noise described IN this
case.
He understood the rule to make it necessary,
when thu instrument is known, TO state iii but
at the time the indictment was found it was NOT
known.
But it is not now proposed to prove hat pistol
was used bur only that it might have been so
used a.d thus to account for tho noises heard in
the adjoining room; end might:romnn unknown
what instrument was used until the one who nlct-
ed the wound should choose to reveal it.
1t was .. malter of doubt he said up to this time
what instrument was used. Their purpose was TO
show that this instrument might have been used.
. he Indictment forth that il done by an
instrument unknown; and under tins they were al
lowed to Introduce any instrument they chose.
The one guilty must have known the instrument
used and if full disclosure made there would
be no difficulty in preparing for the defence.
SO far IA ne knew it was not generally under
stood that pistol nigh be discharged simply by
q percussion cap TO cause death and To
prove this he wished 10 have the evidence of Mr..
I.aforest introduced This instance occurred in
The Belle Poue.
And here q person walks into Colts room, and
so FAR a. is known, without sing lie word spoken,
meets his death: and he proposed to brlrg in this
evidence to enable the jury TO account TOR the
circumstances attending the transaction.
hi. would also show reason why the skull
wa. so mungled-that it was thus broken in to take
on, the ball or 10 dsfeurc the features that they
-hoad not b. recognized The prosecution had
70 reason 20 suppose a, Inc time The Indictment
was found that pistol was used and the prose-
cutting attorney had no, tine % prepare all the va
nous counts which might baye been Introduced;
and so offensive have these long indictments be-
come that The Legislature debating whathcr
they shall nor be reduced 20 two lines
This evidence only to sustain an hypothesis
he intended 70 present {. the jury. 1t had been