New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-05-06
CITY ISTELLIC nee.

COURT OF OYER AND IERNiNER.--B Before
Judge KEST and Alerncn Balls and HATFIELD-C.st
Or joins G. CoLT.-Ths prisoner brought ino Cour
on sm)uon berg md.c for trial. He seemed some
what an1 aud worn hut greatly altered from
BIS appearance when last IN Court The District Attorney
and Mr. Smith appeared Tor tie people, and Mr.. Morrcl
srd Mr. EmIpet the prisoner The motion distinct
from the bill OF exceptions presented to tho higher Court
ani Is founded facts informally .rmuonng
nc Jury, and in declaration OF Of the Jurors,
pressed previous to the trial. that the prisoner ought 10 be
hung, &c, After remark, Mr. MorreI presented several
aibsayr.
Frederick ~ Kcnseeu les fled, in substance fllows
~ resides 81 IIenry-stree Is student Law tic
cfte OF Mr.. Field On the Saturday night in which tho
ta clcs-a he named in the Park. tbc City Hail
and could the Jurors their alter c, had IT,
ureS. Particularly recognised Mr Delayan, whom be
Knew The window was open and some Of tie Jurors put
their heads out several times and caused him to make re-
marks 70 ts mpr0pciyonc OF them booked out iof one
rtwO minutes. Witness heard the words "acquits or
conviction" and he thought SAID by TIE Juror one
OF them was looking and he heard person eA''d's
Hang him up by the heels" AID other such remrh> al
which witness asionshed He communicated "hat ne
heard To several persons ncu r; Mr. seden one OF te
counsel lie did know Col, any of hs connections
except his brother.
Levi Peck Robert ~ Bouton, Benz True and Dr. John
Corning, 'cveiay made affidavit To having been present
a, tie North American Hotel ,We previous to the
trial OF Colt and heard Mr. Nathan II. Hustled proprietor
Of the house. who enpannclled and served on te la
Jnfo say that Colt ought tobe hung up without Judge
or urya he ought 10 be hung frsi and tired acr"ard
that il the aw could reach Colt The people would
&C. spoke in o. remark made about Tue death
Of Adams asd expressed hin ,c in an exceedingly severe
tore. a. ,,.,
sly the evening before the trial. that be had SURVIVORS,
and wished 10 God he could get the jury, but he sup
posed he cold get within hundred OF il; but tie
counsel asked him if be- had made up his mind he would
sy No
Lorenzo win,hp testified tina, Mr. Huc1 came into his
anch evening before the trial. but had conversation
rhaleyer with Wilson, Mr. H. having addressed himself TO
witness he said that he had heen summoned but would
not tor So and meant 10 down and make Az eI-
cas. lie sald noILDg about having made up bis mind
Mr.. Whiting affidavit explanatory document
which DIR. Corning signed in his office but did not come
back and IT, The DR.. states that Mr. Hustled
came in while they were talking about Colt and Adams,
and made liz. remarks he dil of hand and without consd-
eiauen, &C.
Robert Bouton in explanation, testified that he was
present bu dit not hear all the expressions attributed 10
NJ iaaed lie said II awful crime and Colt ought
10 b. hurg up without judge or jury.
Thomas = Miller testified b.ng present at the CONVEX
aiOn lie cane in willie talking, and said II he
bad him be would hang him up bon, judge or jury We
replied with such sentiments he would not TO be
juror Tbs was weeks before the trial lie CAME
WIN something, and did not previously know what We
were saying.
an dnna'U from NJ. Hustled himself was also read lie
'"oul OF town at the time OF the murder Ssd did not re-
srn I'LL the 10Th Oct lie read any account OF the
matter IN thu papers, and all he knew about was what lie
has when people conversng He never unquai'
hoiy sad that Cot deserving OF punishment but hat
be w@so if the facts snch As had been represented
nor did he feel in his mind he Ina, spoken with the
s,nlensn who present AMI who made ahdavls
but all he cannot call to mind having said what sey at
Nbu,s 10 hlH. The affidavit of wilson false IN every
important particular. wnshp said you have summons
lpplcd, yes but | would for so" "inshlp
keeps lunch the of the North American iio-
'e went in for oysters, and was there no other
Tine that evening The next day applied 10 the Judge TO
ncase OF the sickness of my ~ie, Du' ne
would no, allow it unless could swear thai she was Dan
eeonsy When asked by the counsel III had expressed
. nopnoa answered as really believed Many persons
'er speaking of different things the barroom where
oret in without thinking Of the Circumstance perhaps next
innate, went nts the jury box with my mind perfectly
essed Alter the Jury had retired did not put my mead
oaoi tie window, did see the other Jurors do So
Joseph Bishop, one Of the Jurors made affidavit that Tue
'sement of kenseu far concerns hins
@ry OF the other Jurors that he Knows OIL lie was py
Hesindow bu, did not put his head out.
tpeBetus Howe another of the Jurors testified that the
jury room clsse and he osened the window and sal
down by bu, did put his head out He aerward saw
we persons outside IN the Park with s.gars &C. The ul-
most popuety observed in the Jury
Hsea r. Clarke also Juror, made affidavit that the
'o,n beng warm and close Of the sashe. put
W lie persons in the PARK bat did not speak did
ny person from there say hing to him. lie did not
eeS he word, spoken alluded 10 10y henseu.
John Ro,hoc and all the ohsr Jurors, made Joint aa
ar N which they state each Tor m>e that the jury
sufed to the third story Of The Hail. in "hi'h
're two Windows. The air Of the room ~~ bad and
~ was pulled dow and another raised but neither OF Inc
''n> Put their heads out, did they hear any ihlns
'okcuout the window. Did hear nor say what ma
'Ven attributed Their deliberations were uninhuenced
a The conduc, of Nj Hustled was correct; and he Was one
sAong tbs lsN that gave up the hope that modified pun
"HenI could be obtained One Of the Jurors looked
'Ho the window but neither 81 them said any lining while
tcngso
Mr. MCrrcl then opensd the argument, which he con-
foded that trial should be granted and that thu
Noeu has power order such from the that have
cone TO light The Court 81 O'Clock adjourned 10 this
hs,noNn at 10y. AMI the prisoner renasied
CoURr Oy SESsloNs-Bcforc Judges LYNCH
sof No.H.-PLE,o GViLTY.-Joha o. DonneH indicted
~ an assault and battery William Flynn nov OF Sl5
"serstresi committed the 29th December when com
Psnant lived at ~ Broadway, Withdrew hs pea Of not
.uy ard prafed guilty. 10 the indictment Plea received
~ lhe Cont fined him 8 cents
he Grand Jury cass int Count ~th number Of biz,
-. retired again 20 resume lucf business
nRnCNNENTs-Ofis dlicr and OltFcr IT, NIrrrcl wcr,
ragged indictments for lors ng IN the seoond de
~ passing and having possession one dollar bs OF ult
Ms Bank of Augusia, Name, altered 20 Naninc bet
~aehuSeiJs through their counsel Mr. La Forge, plead
az gully snd ih- trial 81 down TOT THURSDAY next
t.oNard H-,r,li was arrsigned indictment io
ss,p iorsing check tor $ltoo on the Bank OF Com
80 - IN he tamc Of The Nc>>rs Hunt aud through b.
- Mr. Laurln pleaded guilty. TTsl postpone
term, for vast OF an absent N,lsee. Adjourned.
otlck OrriCE-PIoKroCEEr ARRESTED
e,er who gave the Of George Beil',iy arres,
u' 10 PRISON for stealing pecket wallet coniainsl
sysr.ss0 . The pocket OF William Redmond No - Bare
b..