The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-06-19
The Albany Homicide General Cole, syrncus.
Le'tcr-Thc Grand Jury Directs It's Produc.

OprsOnS
interested In the Cole Hiscock tragedy. Tho
occasion was an attempt TO compel William 7
Hadley, Esq, counsel for General Cole. Ia
deliver up n letter In alleged justification of
MS act, written by him before he left SYRIA.
cuse, OF which rumor had spoken as eyidcncinp
determination on the part of General Cole
TO shoot MS victim whenever they met This
letter had been given, in the first place to
MRS MARY r.. Cuyler, a lady who had lived
IN Coie family for twelve or fourteen years,
WIN instructions 10 publish IL, in case of any.
thing happening at Albany. Soon after his
incarceration, the prisoner had expressed n
desire to regain possession of this letter. and
MT. Hadlcy succeeded in securing Il. The
drand Jury, who had been sitting upon the
case for some days, deemed it's evidence i'm.
portaht MS showing reconciliation OF murder,
and tried 10 obtain IL, or a KNOWLEDGE of lis
contents, from Mr.. Hadlcy. But he, while
admitting Its possession, chose 10 regard IL as
privileged Communication, and denied their
authority 20 compel him 10 produce il, Hence
the order which brought the matter into
conrt to-day. The motion was made before
judge Clnte and associates by the Hon Henry
Smith, District Attorney. The Hon LYMAN
Tremain appeared as counsel for Mr. Hadlev
and made an able argument on his behalf He
intended that the letter in question couId
not be delivered up by Mr.. Hadlcy without
his violating the rights Of his client While
IN possession OF Mrs. Cnyler, the document
was still, In fact, in the possession of General
Cole, and there was no law TO compel a man
10 give evidence against himself. He cont tend
ed that the evidence of person who had read
the paper in question could not be received
even If IL We're a written confession Reyond
any authorities that might be quoted, this
rested upon the principles on which the con-
sutution OF our land was founded
District Attorney Smith in reply said there
was good reason TO believe that the letter
written by General Cole contained evidence
of Il contemplated homicide. 1t was his duty
TO bring all such evidence before the grand
Ma ,slnnE
ont OF the hands of the prisoner, and been
placed in possession of another for publica-
ton, and was, therefore, no longer privileged
If counsel were AT liberty TO obtain and con-
ceal all evidence against client, the ends of
justice would always be defeated. The argu-
ment on both sides were lengthy and elabo-
rate, and were listened TO with the deepest in
terest.
letter was privileged communication, and
directed Mr.. Hadley 10 produce the paper and
establish its identity. It's custody was there
upon given 10 the clerk of the court.
OF course there is great anxiety to know the
precise contents of the letter, but nothing
positive can be learned at present. The friends
of Mr.. Hiscock contend that it contains evil
dence OF deadly intent while Mr.. Hadley
asserted before the grand jury hat it con-
tanned nothing beyond threat TO humiliate
the man who had wronged him.
The case loses but little Of its interest as a
topic of private conversation, and there are
Il
10 the act of General Cole. The friends of Mr.
Hiscock are numerous and very bitter in the
expression Of their feelings, while at the same
time the personal friends of General Cole
visit him frequently, and supply his wants
with great care and tenderness. Both sides
are very busy raking up the antecedents of all
parties concerned.
To the most intimate of his personal friends
General Cole has given version of the affair
which differs materially from his earlier state
mcnts, and which may be- regarded as tho
roughly trustworthy. Fifteen years ago DR..
Cole married Miss Barto, of Johannesburg,
New York, daughter of the late Judge Barto.
i was 4 love match, and for twelve years their
home was the scene of unalloyed happiness.
Within two or three years, however, the hus-
band had noticed that his wife was at times
moody and unhappy. He could not account
for il. He had sent his wife $4,000 during the
war, and she now possesses $4,000 in her own
right, left 10 her by her fathers will He
consulted her friends and his, but could
his duties TO reside at or near New York, and
he determined 10 bring his wife to Brooklyn,
where she might be near her sister, and there
he engaged and furnished rooms. Mean while
he visited Syracuse, and met Mr.. HiscoCk in
the street. Mr.. IL. asked him, Why, Gene
raj when did You come? When shall you 20
away" He thought the latter question sin
gular one, and then at once remembering that
the same question had been asked him on scve-
raj previous occasions, said nothing, but
looked his questioner full in the face, and Mr..
HiscoCk turned away downcast, and without
4 word. Returning to Brooklyn, brooding
over the matter, he wrote 10 cousin of his
wite's, with whom she resided, asking if there
had ever been any rumor in Syracuse prelude
Cial TO his wife. The reply came, "Thcrc is
room for the gravest suspicion
Almost frenzied, he FASTENED TO Syracuse,
and there, when he questioned her. his wife
fell on her knees and confessed that Il criminal
intercourse had existed between herself and
Mr.. Hscock for nearly three years. 1t made
him almost crazy, to use his own words. All
day Thursday he stayed in the house, lest he
should meet HiscOCk on the street and Kill him.
On the day of the murder, with his wife and
Mr.. and Mrs. Cuyler, he started for Brooklyn.
they were necessarily compelled TO stop at
Albany, and while there he thought he Should
be "happer if ii were settled in some way,
and was of his mind He sent for his bro
Their in law, Mr.. BartO, member of the con-
stitutonal convention, and asked him to go
with him to see Mr.. Hiscock, pledgng his word
that he would not take his life, but would only
"make him get down on his knees and beg like
a dog for it" This Mr.. Barto refused TO do
and said that he had no advice TO give i'll the
matter.
1t should be stated here that Mr.. Barto and
General Cole have not been friendly ever since
the latter took Il commission IN the first OF
General Buffers COlored cavalry regiments.
Thus left TO himself the frenZicd man started
for StanwiX Hall, intending to go quietly in
by the side entrance, inquire the number OF
HjSCOck's room and .go up 10 1t. But rs he
went in he saw the Seducer OF his wife before
him. a frenzy seized him. and without II mo-
ments thought he fired. Although the act
was not premeditated, he thinks ii was JUST
fable, and expresses no remOrse for it, His
wife is now in Albany, and administers TO his
wants, visiting him daily. He processes TO
consider her guilty woman, but not as guilty
us the man he shot.
The preudicial features OF the case are the
statement written by himself as above, the
letter written by his wife at his dictaton, the
manner in which he approached his VICTIM
and his false statements rs to the cause OF ms
action, made upon the spot and Immediately
afterward. For lie now confesseS that there
was no violence used, and that this plea was
gotten up by him for the purpose OF shielding
his wife and children. On the other hand,
there is no doubt but that his able counsel
(Mr Hadley and General Butler, the latter OF
whom is the prisoners warm friend,) VIII
make the most of his terrible prOyocation. and
the undeniably brilliant war record OF Gene
raj Cole.-N.tC York Tribune.