The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-16
Important Proceedings in the Albany
County Court.
A Letter Written by Cole at Syracuse
for Publication After the En-
counter With Hiscock.
THE GRAND JURY SEEKING ITS PURPORT.
Order for Its Production by
Counsel.
WAS THE MURDER pREmEpI7aTED :
SPECIAL CORRESPONDENCE OF THE HERALD.

SPECIAL CORRESPONDENCE OF THE HERALD
Albany, June Is, 1867
Another and curious chapter in the history OF the
late tragedy stanwx Hall developed in the Court
Of Sessions to-day In connection with prssentment Of
tho Grand Jury asking an order OF the Court compel
counsel for the accused to produce letter said to be in
hts possession, and which written by Cole at SYRIA
before leaving for Albany day Of the hom-
eide.
The grand jurors were empanneled and charged on
Wednesday last since which time they have been in
secret elaboration the papers laid before them by
District Attorney Smith This letter wanting in
their opinion, and hence the proceedings below to
4uire its production for their consideration.
The facts developed to-day contained in the follow
ing account Of
PROCEEDINGS COURT
At twenty minutes after O'Clock this forenoon the
Grand jury entered the County Court Of Sessions
slate Judges Cute, Radey and Smith presiding, and
took their seats After roll call by the clerk, Judge
Clute asked-Gentemen, have you anything offer 70
the Court
The foreman handed to the clerk number Of folded
papers. District Attorney Henry Smith selected from
among them the following document, which he read
TIM pREsENrMEyr OF THE GRAND JURY.
At Court Of Sessions holden In and for the county Of
Hon. Jacob Il. Cute County Judge; John r. Radley'
Thomas Smith, Session Justices.
In the Matter Of WILLIAM J. Hddley.-The Grand Jury
heretofore In due form selected drawn, summoned,
sworn and CHARGED to grand jurors in the Court
Of Sessions In and for the city and county OF Albany,
into and make complaint and through their
foreman Heretofore duly appointed and sworn present
That William J. Hadley, after being daily summoned
and sworn before said Grand Jury prescribed by law
- witness in certain matter and complaint before
such Grand jury whereof they had cognzauos against
George ". Cole for feloniously and wifuly
sn ns av 1asa sse .as alter ry up psa
80 investigation Of the complaints aforesaid
before the jury aforesaid that at Syracuse tho day
and before said Cole left that place Albany, placed
IN the hands OF Mary T. Cuyler paper directed
and that said paper was on the h instant delivered to
the said William ]. Hadey the said William J. Hadley
did then and there refuse to the following legal
and proper nterrogalores propounded 10 him, and the
said Hadey then and there instead Of answering said
questions responded TO them follows, to witt
Question Arc you an attorney and counsellor at law
Did John L cuylsr deliver 70 you on Friday last
paperi A. With all respect 70 the Grand Jury and Dis
trct Attorney being counsel for General Cole must
avail myself what regard professional duty, 70 de-
cline to answer the question: unless directed BY the
Court that IL IL proper TO do So
Q Have you in your possession under yonr control
paper purporng 70 have been written by George W:
have no IL NV sxoop. SUCH as
hold AZ counsel for General Cole Being such counsel
my answer 70 that Is the same as the former answer
Q. VIII you make any other or more specific answer
70 the last question: A. cannot consistently with my
senss Of professional duty that hold 70 General Cola
y s.
Coyler on Friday last which purpcrts % have boon
tended vindicaton Of an act he contemplated which
paper purports 70 have been written ct SYRACUSE A.
have n my q my Ss 20
BY direction OF General Cole at his request and hold
ing his papers counsel decline TO answer any ques
tOns concerning them unless directed BY the Court as
prOper do
O. win you answer the last question more fully and
SPEC cs, ssa, am NJ; able 70 90 50
O Have you inyour possession or under your control
paper delivered to you by John l. Cuyler which pur-
ports be In the handwriting or the defendant Cole
or 70 have been made BY him, showing that he, pre-
viou the 4th day Of June contemplated the assass
nation Of the L. Harris Hiscock, that he had in
contemplation violence upon the deceased which has
any bearing upon either Of these proposons2 A. For
the before stated decline "a answer any qnes
possession or which bold in professional capacity,
unless directed by the Court that is proper to do So
O. viii you answer the last question more drecys
A. cannot do SO consistently with my Of profess
sional duty In to the former question: desire
70 say have no paper ID my n 70
any time contemplated the assassination OF Mr. His
cock that he intended TO commit any violence ex.
cept 10 humiliae him. Further than thai do not feel
at liberty 10 state unless advised BY the Court that my
duty requires mo TO do so.
Q. From whom did you procure or receive tne paper
direction Of my client General Cole, received the
paper from tho hands Of John l. Cuylcr who obtained
BY tho direction Of General Cole, with Instructions as
supposed, to deliver 70 me- at all events General
Cole directed me TO receive It
Q To che end that the Grand Jury may ascertain
whether your 'present recollection 10 what the
paper shows ID accurate, will you produce itY A. Ny
sense Of professional duty requires me reluctantly TO de-
cline 70 do So unless directed by the Court that Is my
And because the jury aforesaid believe that IL Is NATE
nal necessary n prosecuting the aforc
said that The said HadIey should fully, directly and
specifically answer the interrogatores propounded as
rs sna the and
fused the jury Aforesaid MAKE thereof 70 the Court as 10
the AFFIDAVIT OF rHe DISTRICT ATTORNEY.
Mr. Smith. the District Attorney, then read his aida
W. which concluded with recapulation OF the In
tsrrogatores and forth the preceding
jury In and for the said county was duly empapeed
sworn and charged ut the commencement Of the sens
term Of this court n the City Hail. In the city aforc
said; that said grand jury having been smpaneled
continued session from day 10 day until this day and
grand jury they engaged In hearing charge pre-
ferred against George w. Cole for having murdered
l. Harris Hiscock, and after bad been proved before
ton Of ead charge against said Cole that at
Syracuse the Of The homicide before said Cole
Left for Albany that day he placed IN the hands Of
one Mary +. Cuyier paper and directed her 70 have
published II she "heard any fuss" and that on Wed
wn Ss the
publication thereof bat that not published but
was thereafter delivered 70 one John Cayier and was
"
Hadley, ESQ.
Upon the setting forth OF the facts contained IN the
preceding documents the Court issued the following
order, which Immediately served on Mr.. Ha dey,
who sitting 10 the room near the desk usually occo
pied by the members Of the bar
Al a Court OF Sessions held In and for the city and
county OF Albany, at the City Hall, Ia the city OF
Albany, on the 18th day Of June 1867. present,
Jacob IT. Cute, County Judge; John r Radey, VIM.
c. Schuyler, County Justices
7he People u.s. George W. Coe-Fa ne krfr # WI
liam J. Hadley --on reading and nlins subpoena and
proof OF service and affidavit OF Henry Smith, and
notice OF application for this order, and an adayi
Of the due service upon VIM Hsdey OF copy Of said
subpnna, a1davits and notice and on reading the pre-
sentiment Of the Grand Jury in this matter ordered that
said Hadley forthwith show cause before tins court AZ
the City Hail. the city OF Albany Why be did not
fully and specifically the questions prcpounded
him before said Grand Jury ana Why he did not pro-
ducs TO said Grand Jury the paper or writing s re-
qucsted and Why he should not be punished g for
contempt for not aswering sad questions and FOR NOS
producing said paper or writing
The sheriff Is charged 70 forthwith make personal SER
vice Of this order
Endorsed, ALBANY County Court Of 5esslons-rhe
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