The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-12
The COLE.HlsCOCK HOMICIDE.

Pestponement Of the Cnse-Amdavi Wits.

FODtpOuemeut Of tine Cuse-Amdavu0s
AIsASr, Nov ii, 1857
This morning ths November term OF tho Court OF
Oyer sndTsrmnsr for the county Of Albany opened in
this city, Justice Rufus ". Pecknsm presiding Aftsr
the usual preliminary motions, and the JUSTICES
charge the Grand Jury having been disposed o. Dis
trct Attorney Henry Smith called up the Of George
W. Cole, charged with the homicide OF L., Harris
Hiscock the 4th day Of June last d stanwir Hall.
The notorisy attending the alleged incidents or this
tragedy had awakened feelings Of the deepest interest,"
among large class Of people, alone in this city bus
throughout the State, and consequences, the alla-
sion to the case this morning brought the legal
profession to their feet who We'd each With the other
and with q large audience outside the rails 70 catch
every word that fell from the lips OF the prosecutor and
every sentence uttered in behalf Of the prisoner.
Mr. Cole was In court. attended By his brother. sena-
tor Cole, OF California, while James r. Brady, Of New
York and Judge Amasa J. Parker, who have recently
been added 70 william J. Hsdisy, Of Albany, the
prisoners counsel occupied seats within his Close prox
Unity Mr. Cole looked somewhat csrsworn. as Il hts
close confinement had undermined his health, a. his
y ~ ursssn, conSitIon Vel ws,b., ,hsrs vss - a.
preston that occasionally during the few minutes hs
sat IN the court ROOM fitted over his face that be-
toksnsd that hope had happy laurence upon his mind
and hcart.
In answer 70 the Dssric, Attorney Mr. Hadey arose.
and submitted q statemant OF George W. Cole the pri-
soner when assumed that the presence OF
teral witnesses Mrs Elizabeth Apderson, wife OF Yale
John 4 tuyler Of Chicago the latter q niece Of Mrs
Cois both ladies suffering from sickness, and conss-
qusnfly unable 70 travel were essentially necessary
witnesses In his case, and through his prayed
for postponement The afhdavits accompanying this
statement those Of Mrs. Elizabeth Anderson, de-
failing the incidents OF hor disease her husbands Yas
Anderson, confederation thereof and that Dr LIZ
man Clarey, OF Syracuse, MIS- Andersoss physiciAn.
Added 10 those was another containing the names or
William y. Stewart, Mayor; i.W Hall, Dsirict Attorney
H. Rirell, County Judge, and Pratt citizen. vouch-
ing Tor the position that Dr. Csrsy ncds among them.
The other afhdavts IN the those Of ArS Il.
tuysr representing the nature ~ her Sickness together
with the a0davs Of her husband John H. Cuyler, and
thst OF her physician WIN. ~ Hoyl
Justice Peckham desired the District Attorney 70 care
fny examine the matter and state hts objections, %
had any against graniins the request OF the prisoners
counsel.
Upon complying The District Attorney did not make
any forcibe objections, did he vigorously apply
these stated, admitting that the snhdavits we're IN dns
FORM
To this Justice Peckham replied that uaess the sss.
mens OF the sfdavts were open 10 suspicion NJ "os
grant the request which he ultimately DID
Upon this decision being rendered the court room was
instantly cleared OF the many eager isccs tnas nsd
peersd from every available spos and the prisoner
again spseded 10 his lonely hone Maiden lane.