Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1849-09-06

The counsel for the prisoner-Messrs Scott Auoust and
Watkms-then consulted together when Mr. Scott rose
anu remarked that OF the witnesses the part o
ue prisoner was known TO be absent from the city, he fell
constrained TO ask his Honor TO postpone the further ex-
aininatlon OF the ill Tomorrow morning at Ia
oc'Dch' tie learned the witness to whom he alluded
Would return to the city during the evening" and would
an proDabity be prepared to give testimony tomorrow
morning. The testimony of this absent witness was
OF some Importance
The Mayor consented to the postponement, and the
| prisoner was reminded to ail
WEDNESDAY MORNING, Sept. s.
Gen LAMBERT opened his Court at 10 o'clock and
shortly afterwards proceeded with the examination of the
| case OF Thos w. Lottier ~
| r. 3. WHrTE swom-Had teoIentlv seen Cool =,
Loitef mouse III passing that house him the on the
evening OF the 4h of July last Never saw him there,
when Lotier was present. Witness lives upper end OF
Ciay street. b9t has sister residing I'd street. half
square beyond the former residence OF Lotter- passing
to ms sisters residence had frequently seen Cook at Lot
| tiers,
GEO. w. ToLER swom-Saw Tbos w Io,tier at the
mouse ol ms (Ls iather, Sunday night the 18th july
the hgm following the evening wherein Cook had been
sot leala Lollef say he intended deliver himself up
W l.ies5 was near the European Hotel when Cook was
sotIwen up stairs into the in the hotel where Cook
mad been carried after he had been wounded and assisted
IN carrying COOK to the residence of his brother on Leigh
street Alter reaching the residence of Mr. Inc Cool
witness renamed short time in the room with VIM p
Cook and heard him remark that the only regret he expe
renced as to the result of the rencontre arose from the
circumstance that he had not been able to get ont his
time to shoot Lottierhat he Cook had Gone To I
R ie lor the purpose OF settling the matter with Loer
witness saw Mr. John Cook take letter from his bro
her Wllams pantaoons pockets-thnks this letter was
taken from his pocket at the tavern and heard Mr. Ino
oook remark that was letter from Mrs Lottier to
CCokMhlnks Mi Jno. Cook read the letter after his
brother William had been conveyed to his residence on
Leigh seet-witness did not hear the contents of this
| letter. ~
! GEO. W. H. TYLER certified to having seen Cook in
the street with Mr. Lotter two occasionsheir man
ner appeared to be exceedingly familiar and cordial One
OF these occasions was the evening of the 4th day of
ivy laswitness was standing at the door OF the store
OF D. Baker ST. on Broad slreeta shower of rain came
up as Mr Gook, Ms Loer and little boy passed by
Cook leave the lady and step the store of Mr. Schad
corner "a and Broad Streets he presumed for the purpose
OF borrowing an umbrella, for he had when he en-
lefed lile Store ana held one in his hand coming ont
Mrs Loter did not await Cooks mission, but turned into
I'd street and witness lost sight Of her and the boy Cook
brella ' ~
MI SCOTT here rose and said that all the witnesses
save one, had been examined and he had consulted with
nose associated with him in this cause the necessity
OF examining that one Painful as the necessity he
nevertheless et constrained call to the stand the son of
Mrs Lottler, by aformer marriage
JOHN HOFFMAN, remarkably comedy and INTELLIGENT
little fellow, was then required to take the OATH He
STATED lhal he wanted few months OF being 70 Years of
agetha he had lived with Mr. Lotter all his e-knew
Mr. Cookhad seen him at the house of Mr. ottjer every
uay 1or about two months prior the time he was shot
some days Cook would call twice-he commenced visiting
me house IN May and continued to do until his mother
"eit W WI oeuuy ), On WOuQhy, the 9Th JulV-
LOOK always went into his mothers chamber and his mo-
ther would not permit either witness any of the servants
TO enter the room whilst Cook therehad seen Cook
KISS his mother frequently and had seen them SITTING in
each others apsecollecs coming home from school one
DAY earlier than usual in consequence OF the teacher giving
holiday, and finding Cook in his mothers chambeT-bls
mother came out and scoded him for coming home and
loo nun II he did not instantly return to school, she Woud
whip hlIWitness recolects one occasion bis rother
9eetea nm TO wait IN the streetn front of the house till
COOK came by, and send him up herthat he grumbed
at having the errand to execute and she Threatened TO
whip HIM II he failed to comply with her drecons-wit-
ness had not mentioned what he had seen To oer from
fear OF his mother On the 4h day of July witness ac
companed his mother TO the house of Mr. Gentry for the
purpose OF gong from thence down the river on the plea
sure excursion Mr. Genys family did not go on the
excursion, and ne accompanied his mother back home
On their return Cook Them walked up Broad stree,
WIN Mem and shower OF rain coming up Cook stopped
took his mother on I'd street and went home with them
THIS occurred abou4 o'clock inthe evening" About half
past 4lsnother gave him permission to 90 down To tha
Capitol Square the soders-he went and left Cook
With his otfer-on his return from the Square Cook had
taken leave Lottler was not at home that day. hav-
country When his mother left Loers house ON , Mon e
Gay evening the 9th July for Mr. Gentrys witness
with her till Sunday night the 18th when ' he 1ez
turned with her to Lotlier's house On Thmsdav
n le lSh July Cook called at Gentys see wit
witness Tor her-told him to tell his mother thar
ne had paid S28 for two revovers and was ready for
me tWo Lotters Mrs Lotter letter by witness to
corner Broad and I'd street Cook was clerk for Bozes
His mother told him if Cook was not in he mus Owe t6
70 one OF the apprentices with directions to deliver
70 LOOK as soon as he came in Several notes and lei
ies we're carried by witness well by coored servant
gri between Cook and his mother On Friday evening
a,, any Gook called again at Mr. Genty gave witness
and told him to tell her if she should want anytbna sb
b s ssna INN w9Td Witness stad with his mother til
NorioIk since which time he had been stayinp at his
grandather's. ''"'i"s at HIS
Pleasant "A GENTRY recaed-The testimony given bv
John Holman with regard the 4h July excursion w,s
accurate as was also the that Cook had called
to see Mrs Lottier whilst she was saying at his hons So
lar as The statement made by John Hoffman touched on
matters within witness knowledge, it was literally and
entirely correct. 'N
j, JOHN HoFFMAN recalled.-The familiarity between
ana MRS Lotier was very great prior the 4th of
'uy lasad seen her sit in his lap before that period
hoBr DAVIS recalled.Assisted Mr. Toler in CARVING
Cook from the European Hotel after he had been wound
ed to the house OF his mother in Leigh streehear Cool
say ne feared he would die before he could get sasan
o-leard Cook say he had gone into the hotel for the
purpose OIL SETTING the matter with Lotter Cook
said GENTRY L. Gilmore and others intended seng tho
matter between himself and Loter amicably ''
r. GENTRY recalled.He and others were endeavorino |
Oh ,ahe aafangenenis to see the difficulty when the
shooung occurred The matter had not been mentioned
10 Loer because they had not had time to shape promo
stion. "P'oPo-
R. DAVIS recalled-Eeayd Cook say at his hro,hers
ial lie regretted he had moi thought use his pistol
aef Aotller shot hnand hoped he would live to gel FIJI
" HN "
MT AUGUST rose and said that the counsel for the pris
oner on consultation deemed entirely unnecessary to
So as an argument N behalf the prisoner The estmo
ny was mol only conclusive, but overwhelming Ry every
principle OF Justice and of law the accused was entitled to
tul, free and final discharge ~
ne MAYOR saldhe deemed it his duty send the party
on iof farther examination He named Friday the 18th
day OF September, as the period when a called Cont |
Wond De IN readiness to examine the prisoner Witnesses
ioI me commonwealth were recognised appear on the
day named before the Hastings Court
AfeW minutes before the coneusion IF tho ovo,,;,
on the sad intelligence conveyed to the prisoner that
his aged father was more! This intelligence well
hgn unnamed the prisoner who had borne up under the
TRIALS OF the examination wi tn much iortude Mr. Law
renee Lotter the decea sed father OF the prisoner had bee
ior several weeks, and expressed great anxiety once
more 10 behold his son before the scenes OF this world
should be closed to his vision This sad privilege was de-
med h The counsel for the prisoner requested that he
night be carried to the bed side of his dying father at
ended by the officers, and with such restrictions as The
proper authorities might be disposed impose but the