The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-21
COLT s T RIA L
SrcoSp DAy-THURspAY.

The same excitement prevailed this day through
Mh"is c;tv. 10 see and hear this extraordinary
'ri r..va. surrounded the City Hall, endeavorlng
In eain sdmittance bat the excellent regulA'ions
".sSvc.ted auy confusion or uproar, and none but
those authorised and required to attend the triai
80 .dmitted The Court was FULL but not so
crowded Is the day before by hall past ten CLOCK
,re were only ten male and three female witness
nra.snt including Mrs. Adams, who looked ra-
r male and aeitated her father was with her
e wore her veil down. and looked earnestly To-
n rds Colt. who sat right opposite to her on the
stt er side of the room.
s.it vas dressed in black pantaloons, boots black
= +. vest. a daf blue beaver cloth half overeoat,
~ - a. a frock coat /: black silk handkerchief
!, .t;ed neatly round his neck, and the ends pass
M under his vest, out Of sights he looked uncom-
cny calm, but was evidently somew mo.ion H
sa ne into Court before nine o'clock, ana sat an
hor and half in reading the papers, particularly
s.S debates in Congress- from the second edition Of
ses" Herald" His father was with hun, venc-
sasIc. fine, benevolent looking man: The old gen
sslr nan had evidently sufere much from nj: SEN
All, ,ation he looked if he had beeI crying oit
tsty and long Colts brother was also Plessn,,
centributing as much as possible 10 ms oio'noF
roslfort. :;l. A..
stost excellent order was preserved ihslde the
~ through the peremptory order OF Judge kent'
~ eh tn. officers carried out fully and the accom-
,assations for the reporters ws rsse mpS'
.ss;.eiu a. half past ten o'clock, Judge Kent
aaI Alderman Purdy and Lee entered and took
shsir seats The Court was then opened. Inc
Cerk, Henry vandervoort, called over the names IS
!. ia eleven Jurors sworn the day before, all OF
.aom answered thereto. :.
dse KENr-Now, gentlemen, proceed, if you
are ready. 81.
he Deputy Sheriff came into Court ana sara
*hs he had.
dye Kent One of the jurors wishes to go to his
ian ly in charge of an officer
is was consented to by prisoners counsel.
m Court swore two officers, aud ordered them
Asa' lose sight of him, and suffer no one TO speak
~ n on the subject OF the trial.
4 gRK-The Sheriff returns William Smith as
LIAM SMITH was put to the stand.
M. SELDEN said be thought the rule of law was
So return to the original panel, which was never
exhausted as long as juror was in Court lie
wished the name of the talesman put In the box
with those Of the regular panel that were not called,
and then drawn in regular order.
Mr. W. SMITH was eXamined-Said he lived at
60 Avenue D, was in the lumber business-had read
the papers, and formed an opinion Set aside
The Court directed the Sheriff to summon ano-
ther Juror from the county at large
Mr. SELDEN moved to have the original panel
called.
This was overruled.
SELDEN excepted. 81
The Sheriff returned John Roshore ,.
john RosHoRE examined-l arr ss;lversnith and
live at $50 Fourth street: 80 r..d IN. state
neuts in the papers, b" know none Of the parties
beI;ev. sxnr have formed no opinion ana 1
So .essed done.
-sN-I am satisfied with this Juror SIR.
,yHrrIse-Have you ne conscientious scrupies
,hout serv;ns on trial involving life and death
RosHoRE-I've been opposed 10 cap''a' Pahi'"'
ments
Judge KENr-But you've NO conscientious scru
S st Of Suiltv. the evidence warranted it, though
the punishment were death.
RosHoRE-No, sir.
The ;aror was then sworn.
Two Of tho ja,o-., nl~@ss.. Fusstis and Howe:
had Just before been allowed to leave in charge Of
Mr. SrLpRN then said. that perhaps. before pro-
ceeding further, the Court would take an in!erval
of half an hour during which time any OF the jurors
who wished to retire, could do so.
Judge KENr-lf any of the jurors wish to 60 to
any specific place, can send them in charge OF an
officer.
Messrs. Hobby, Hatfield, Forester and Delevan,
then left in charge of an officer. subsequently Mr.
Duncomb, another juror, left ,
Here Colts Counsel jointly and severaliy lett the
room. to consult together, as we presume
The following is complete list of the Jury
l. Joseph Bishop, $50 Grand street.
o Nathan r. Hustled, North American Hotel, Bowery.
8. Epenetus Howe, 53 Liberty street.
A. James r. Hobby 274 Grand street
5. Hiram N. Forester, az Broadway;
g. Horace &c
T. Elias Hatfield, 472 Broadway.
8. Charles H. Delevan,
9. Thomas Doddsworth,
10. Alfred H. Duncombc 337 Pearl street
H. John II. williams SIS Pearl and 1899 Madison sts
II John Roshore,
Too much praise cannot be awarded to Mr. JOHN
WEsrERvELr, the Deputy Sheriff, for the very ex-
celent manner in which he planned and conducted
ali his arrange ments for preserving order in Court,
and keeping out the crowd. Within the bar, were
Messrs. HorFMAN, maxwell, DAVID GRAHAM,
and several other distinguished lawyers, drawn
thither by the interest OF the case
, The Jurors having returned their names were
called over BY the Clerk. All answered.
CLERK: Gentlemen you will look on the prisoner
and listen to the Indictment, which is In Inc Hollow
ing words
Here the Clerk read the indictment; the prisoner
Colt stoed nm and looked earnestly at the Jury,
and looked tolerably calm but his lips moved as
in the act Of chewing all the while; and his arms
were folded.
The case on the part of the people was opened by
James M Smith, Jr
MI. Smith said it was the first time in his life
that he had ever arisen to address the jury on a
part Of the people, IN case %ners tne verdict
the authority to pronounce upon the individual on
trial the sentence of death. That 1t was painful
ty for the court, painful duty for the jury, and
painful duty for counselInevet 1t was
: uty v hich must be fearlessly and faithfully per-
81 med and that so far the jury was concerned,
81 v had nothing to do with the consequences
ich might result from their verdict; He stated
~ he was aware Of the deep interest which
IA case had excited--that it was one almost
ssx raralleled in the history of crime, and
yfr upon which almost every person who had
hcard of the transaction, had formed an opinion.
Fiat the Jurywere selected after strict examination,
Set ause they had sworn they stood impartial be-
ZEN the people and the prisoner, and the people
1cc lid require of them the same candour and i'm
r. tiality that would be required of them by the
~ Ioner's counsel. He was aware that IN cases OF
y kind, the sympathy was all with the prisoner;
~ he must remind them that sympathy ought
NJ to have the control Of the jury box; that there
II ice alone should govern; that the prisoner was
charged with committing murder, unparalleled in
the history of this country; that we all knew the
deep feelings which agitated this community at
the time Of the first announcement OF this ira
gedy; that we saw, by the immense concourse
which has here assembled to witness these
proceedings that the excitement then felt is still
existing that under such circumstances. il would
be their duty to examine with grea; caution the
evidence, and that IL any thing, matter how
slight, was elected in favor Of the prisoner, it
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