The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-09-06

getting into the house until he was shot the person She
alarmed across the swamp was John colored the
fore part OF the evening was dark cannot tell whether
there was starlight there particular visitors in
the habit ofcoming overknows rishman named Don.
nelly has been at her house but twice Albert Doty
used to live with them but left few weeks before the
murder he used to drink has heard her husband speak
to him about witness and her husband always agreed
well together had few words sometimes her hus
band was always kind to her satisfied with the mar
rage state may have said she wished she never was
married as soon as she saw her husband was shot she
suspected the prisoner it after three O'Clock in the
morning when she got to her aunt's house
Dr. RAY recalled and re.examned on the part OF the
tracks were pointed out to Witness
they outside of the door yard fence the ground
damp; they from 10 to 2 feet from the window
of the tracks appeared be made by the left foot
ascending ground, right foot first heard Tietts ex
animation before the magistrate Justice Conkln
The Prosecution offers prove witness de-
carations made by prisoner before the Magistrate in all
informal proceedings before him. Objected to. Over
Of them.
W,rsxss proceeds-The prisoner was asked on the
animation where he the night of the murders the
prisoner appeared very much embarrassed and inclined
on his elbows bed he again asked and made
answers after hesitatng, he said he knew where he was
and could easily prove it, but people did not like to tell
where they were Saturday nights the Justice then
said he must deain him and TiIle witness and the JUS
tce and the constable drove TO Tlets house prisoners
mother asked prisoner why he would not tell them
where he was that night he replied won't tell them,
I'll let them prove it !" prisoner then went to the barn
and got his gun.
Crosseramined-A man shot through the spine in the
manner the deceased was would be able to artculae
being now near dark, the Court adjourned until to-
morrow morning.
IS years Of age with sparkling eyes He great
attic ntion to the trial.
Second Day Of the Trial
SEPT. 4.-The Court opened at 9 O'clock when the
jury called and all answering to their the
trial of the case was continued The prisoner appears
20 be very slightly if at all impressed with the awful
of his situation; sndeed, he appears uncon-
cerned than any OF the spectators Not fifty besides
those having business jurors were in attendance this
M q iav w VaS n
fair of the tender in the Court room;
and all candor must say that for beauty and person
have ever
Crosseranination Of DocroR RAY, coniinued--Pri.
has always been considered worthy respectable
has the prisoner occasionally for the last
years; prisoner farmer. and unmarried, living with
the of the murder, about O'Clock in the
mornings did not examine but or of the tracks; the
soil is fine sand witness has been acquainted with Co.
bert and his wife three or four years.
Direct eramined-When he examined the tracks two
Of them very distinct the sand was moist.
The witness here handed the white substance which
testifes that they made of Nir pomica-handed to
the jury Nux vomica is yirulent poison would de,
stroy life in very short me 80 grains generally would
kill human being less would kill person OF nervous
temperament
disagreeabe that person would naturally reject it; al
cohol will extract the principle from it, but water will
not is frequently used for the cure palsy ST. Vus
dance Sc. and is grown in the East Indies.
Direct eramined.-Nux vomica can be administered in
powdered state byputng in tea cider and not be de-
tected by fond of such drinks.
DAVID 9. Brush Esq, Sheriff of1Su6olk Co.. examined
the part of the prosecutionSaw the tracks near Co
berts house, more distinct than others
From the appearance Of the tracks, the facing
the house, the tracks right and eft the track
appeared tohave been made with very old shoes boots
round toes the tracks werel2 Is feet from the window
of Coberts house Tillett taken from his own house
to witness house in Huntingdon. Examined prisoners
clothes and found some things, among which two
pieces Of pewter spoon; this happened Monday after
the murder. After the inquest witness went with prs
oner home where he changed his clothes; think he
changed his pantaloons.
PRIsoSER.-No, did not
WirsEs,.-Wel am not positive about the panta-
looms, but know you changed the coat
PRisoNER.-Ycs
After the prisoner went to bed again searched his
clothes and found the nux vomca some gun caps and
breastpn which witness produces When witness took
his clothes prisoner remarked "If you find anything
there I'll explain it to you in the morning On Monday
he had square-tocd boots Witness found pair Of
boots in Iilletts chamber.
PRI.osER.-w Whereabouts did you find them boots
Pnrsosrn Where abouts
WIrNEss.-Near the bed.
WITNESS continues-He said they were his, and they
correspondent with the tracks.
Cross examined by Prisoners Counsei-Has known
hm heard ANY, before this prisoner was awavs
considered the head Of his mothers family his deport
ment was always mild and afectonate-remarkably SO.
Further testimony Of this nature, beyond proving gen.
eral character dsallowed Judges decision excepted
Prisoner made attempt to escape; witness thinks that
he could recognize the boots which he found near the
bed did not take the measure.
PRrsosnR.-Didnt you see the measure taken down on
paper - ,,,
WITNESS asked the prisoner if he them boots
Sunday. He said yes
footl
W,rSEss.--I think they are.
JOHN CARposA sworn-Live about two miles from
Cobert went to Coberts house about IL that nigh
two tracks next morning near the fence facing the
house.
WILLIAM JARVIS, (colored Lives near Colbert nearly
quarter Of a mile from his house was walked up the
night Of the murder heard woman cry out murder !;
he said what's the matter woman ~ She said John is
shot dead through pane OF glass !, when about MALT
way, he cried out is it true J" she said, +" and
you will see him dead he asked i she HI heard any
person run ~ she said she had not" Witness went to
the next house they would not 60 out before they
loaded the gum he and six others went to the house ana
Mrs. Colbert, and returned next morning saw track
leading to Coverts house suddenly it stopped, foot
easterly direction to the woods it dark night
describes the position of the
last OF the tracks near the house the position is the
same as . man would be in when discharging gun /;
does not think the track made by right and left
shoe did not observe thing peculiar about the track
SIDNEY GARDNER (colored Lives about Is rods from
Cobert's house the night was dark when Colbert was
killed heard his dog bark in the woods, and
sembpg that made by man walking on pieces Of sticks
The next morning went to the woods and a mans
tracks toe round, and sole broad followed the track
to Cobers house to the place where stopped and
then went off southeast followed it to the woods the
track appeare to he made by right and left boots.
CrosseTdmined.-Wm Jarvis was with witness when
he went to look at the place where he heard his dog
barked in the night keeps gun with flint lock- when
William he loaded his gun with shot and powder
This witness testified that he has shot man called John
Isaac shot him in self defence did not kill him
PErrn CRiPrns, colored sworn.-Never Tillett
around Cober Is house next morning went TO his work
at half an hour before sunrise.
JAMES McCHEsSEY sworn-Was present when the pri.
soner examined before Justice Conklin he
foreman the jury. The Justice made this remark to
him Mr.. Tillett, ii appears that your has been
used in connection with this matter and wish you
state where you were tina. night y Tllett took seat
the bed this was Monday; he gave answer the
Squire asked him again Tilet then got up and took Of
his coat he sat down again the bed and then recn
ed on his elbows on the bed; he waited few minutes
longer and made witness then asked him il
he had any objections to tell he did not he ask
ed him again and he made witness then press
ed him for answer and he SAID Folks don't always like
to tell where they = DR. Ray then read to him Mrs
Coberts evidence Tillet asked Mrs Colbert if she re-
collected Of such conversation as she detailed in her
examination passing between them, she replied: :" Yes
and great deal worse !" Tett then remarked that he
knew nothing about 1t witness again asked Tle to
lharo hn nndH