The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-09-06
the jury Mr. Strong, District Attorney, continued the

the jury Mr.. Strong, District Attorney, continued the
ALFRED B. UNprRHlLL the part Of the prose-
cution.-Went to Tiletts house in company with Til
relied gun in the barn, behind grain fan; the gun
loaded with duck shot; could not tell whether it had
been fired recently not Bullets produced to witness
one Of the balls he tried in the gun and it fitted
Cross eramined.-The bullets made of lead has
been acquainted with the prisoner for two three
Tiett's house and told him he wanted him to go to
coberts with him he asked me what was the matter,
and told him Cobeat was shot Tillett went with wit
ness he asked Tett for his gun; Tett told him it was
ia the barn, where he found it.
JoHS DorY examined. Is a cousin Of Mrs Colbert;
passed Coberts house the day he was murdered;
the prisoner and Colbert together Cobers premises
about half past two that days does not know Of Cober
being at enmiy with any person
Cross Eramined-Cobert was building chicken coop
at the time.
Mrs. SARAH WHITMAN sworn. Is neighbor of Co.
bers; took message from Cobert's wife to Colbert,
Sunday for him to 60 to Mr. HIS and wait upon her
when she delivered the message.
Cross-Eraminsd. Witness reared Mrs. Colbert; lived
with witness since she II years old, until she
marred her character for truth good has said that
would repeat stories after her. because she had
nothing to do with 1t; was not on speaking terms with
Mrs. Colbert before the death OF Colbert but has been
since.
HANNAH CLARKE Lived within quarter of
mile of Colbert; with Colbert and his wife
ing that Sunday night; left them the road; when she
lett them she and Colbert had to 60 about the dis
lance to reach their homes before she got in the house.
she heard the report OF gun and in about three min
utes afterwards heard noise like somebody running in
the bushes in the direction OF Cobers house, but
nobody
Cross. Eramined--I acquainted with Tett; has lv.
ed in the neghborhood one year; has not been in the
company Of Mrs Colbert much. in consequence of the
distance; Mls Colbert can tell the truth well any
other, she expects.
The Counsel for the prosecution here rested.
Mr. LAMBErsoN, District Attorney for Queens, then
opened the for the prisoner; and after speaking for
about one hour during which time he had the attention
of al present rvetted upon him. proceeded with the de-
fence.
The first witness called the part of the prisoner
MARY TIlLErT, who, being sworn, testified follows:
brother and another sister Of the prisoner who
in court were directed to retire while this witness
undergoing examnation] Witness went to bed about
o'clock on the day Colbert was shot the dog barked,
and she heard the prisoner come in he went up stairs
she supposes, to bed he got next morning usual
took breakfast and went to work difference
his department thinks that Colbert and his wife did not
live very good terms she has heard her give Colbert
pretty awing has heard Mrs Colbert say wit
MARY, get married. for if you do, you won't
get any comfort has heard her she wished her hus
band dead never knew of any intimacy between prison
and Mrs Colbert prisoner in the habit Of going out
on Sunday evenings he went out that Sunday evening
at O'Clock saw him go out, and had no gun with him
he usually kept his in the barn to shoot hawks end
the prisoner is of very good disposition Mrs.
Coberts character for truth and veracy has not been
good.
Cross.eramined.-Has heard her aunt Sally speak
against Mrs Colbert the prisoner went to Cobert's on
Sunday; the prisoner told her so he went out again
about 1t was then darksh and cloudy all the family
drank tea together that night all went to bed about
the same time This witness underwent rigid cross
examination for the purpose OF shaking her testimony
SOPHIA TILLErr, another sister of prisoner, sworn
This witness, her direct examination corroborated
everything stated by the other sister of the prisoner
On her cross-examinaton nothing elected to shake
her testimony.
JOHN w. BausH sworn-Has known the prisoner since
he was a child; he is peaceable nofensive man
SMITH TiLLErT, brother of the prisoner, examined
This witness that the prisoner home before
the clock struck ten that he to bed almost inn
medatey and that when he woke up in the morning he
he prisoner was in bed with him In other respects he
testified the same as his sisters did.
The counsel for the prisoner applied TO the court
to have the testimony Of the wife Of Colbert the
mnaon before the justice ared with her testimo
ny given on this trial. without having the whole OF her
testimony on that examination taken evidence against
the prisoner alleging that there discrepancies be-
tween them. The court decided that the examination
read at ALL must be read at length and mat Mrs. Co
bert must be examined to give her opportunity to
concile those crepanccs Mrs Cobert was examined
on two or three points but nothing material was eIic
ted. Defence rested.
JSo d. HxwLErr examined on the part Of tho prosecu
uon-Mrs Colbert worked for witness before and after
she was marred her character for truth and veracy
good
truth aud veracity is good.
The evidence here closed on both and the
sci on both sides will up is probable
that this case, which has caused much excitement
will be decided to-mo rrow.
As the Grand Jury for this County will have some
heavy business before them, give the list OF them:
Ebenezer Smith, Egbert r Smith, Timothy c. smith,
Sylvester smith, George w Edwards, Abel Corwin, Jr
Lewis; John Wood, Carlton Jarvis, Amos Harmed, Leo
nard w. Lawrence, Sidney Bunce, Jeremiah Hunting;
7. Burnet, Luther d. Cook We will venture TO say
more intelligent Grand Jury was never empanelled in
Suffolk his remark was afterwards made by those
present. when they were receiving their charge. The
charge OF Judge Ruggles was very able He dwelt at
length upon the outrages committed by the inhabitants
Oh SUFFOLK upon the Long Island Railroad Company, and
uged upon the Jury their duty in regard that offence
~ Manressa and Antonio Garcia, two gentlemen
Of this city, were arrested charge OF being about
nght dsei The parties bound over by Recorder
Genois to keep the peace, and discharg edN O,
Pcayune Aug. 49,
Sir Allan N. Macnab, the Speaker of the Lepisla.
tive Assembly Of Canada and j b Euart ESQ Of nun.