The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-30
THE sTANwN HALL TRAGEDY.
Trial Of George w. Cole for the Murder Of l..
Harris Hlscock-Testlmony for the Defence
Closed.

prisoner was sworn ana exaini<'eu ~ n the custody
Of a certain letter handed him ~ AIR. John L. Guy
Ter, and which remained In ~ possession until one
evening last week. waen :. was opened in the pres
ence Of his associate counsel. The reading was OBJ
jected to yesler LAY by Mr.. Tremaine TWAS now
sought 70 Pc introduced by the defence as evidence
but j. was objected to by the prosecution on the
E.ound that there is no evidence showing that the
prisoner knew the contents Of the letter, the pre-
sumption being that it was sealed while in his
possession, and the court sustained the objection
these grounds.
Exception was taken to the ruling.
Mr.. Parker for the Defence said they would prove
another fact and then offer the letter again.
Mr.. Hadey was again placed upon the stand and
asked several questions In relation the contents OF
the letter and to what the prisoner said in regard
to It, to all OF which objections were made and sus-
DR.. W. H. Palmer, Of Providence, being sworn, tes-
titled as follows-Was surgeon Of the Third New
York cavalry while the prisoner belonged to that
regiment; attended him when hurt by falling Off
his horse.-lwitness here described the injuries
the hospital}-after the injury hist character
seemed to have changed; SO marked was this
from melancholy after the Tarbero raid, the iatigues
OF which increased his suffering to such an extent,
was induced to grant him sick leave; think his mind
was in an unsOund condition at that time.
Mrs. Mary f. Cnyler, cousin OF General Cole,
sworn-I resided with General Cole until my mar
the homicide saw the General in his parlor on
the Sunday morning previous to the homicide; he
you tell y me cot Of Hscocks being i with herr
thought left some friends in Syracuse but you
have Kept it quiet until am a ruined and dis
graced man; don't tell me now, for Mary has told
me all-she has confessed 1t ALL" He was greatly
affected; so much so that could not stay there
but went to my room while again several times
during that day and evening and on Monday morn
ing; he was still greatly affected, his eyes red; ap
peared to be weeping; saw him again on Tuesday
morning. affected DefOre
he walked around nerv0usly and trembled; on Tues
day morning week preceding the above occur.
MARY, met Mr.. Hiscock in the street this morning
and he looked guilty as a dog; he asked me when
Ing me;'' said, "Oh, guess 1t is nothing than
little nirtation;'' he asked me had he been paying
asked i'''' me did i'd he Come often ~ an M
swered that he had; I tried to smooth
ton ever had with the General concerning his
wife and Hiscock-(a diagram of the Assembly
cuse, in Mrs. Coles drawer; the General was in poor
health after mis- return from the army; his habit was
to lie down, whenever he came In, on the sofa, on
the fiat OF his back, with nothing under his head
the General had conversation with me the Mon
day previous to the homicide, in which he said he
thought Mr.. Hiscock had man watching him to
kill him. he said might be assured IIiscock had q
man hirei to KIN him; he said he saw the man fol.
lowing him; ne appeared to be very much affected
On Examination witness was shown letter
which she Identified as the same that written
published in the papers II she should hear
OF any fuss or disturbance; that he was going
to see Hscock and make him get down upon his
knees, and he might be mlsrepresentcd; he spoke OF
publishing it in an extra and distributing it over the
town II the newspapers did not publish IL; when l
heard OF the shooting sent the letter to be pub
Iished, in accordance with the directions had re-
celved.
John Demie, sworn-Am hackman In Syracuse
Witness was asked he knew HiscOck and Mrs. Cole,
10 which objection made.
Mr. Mitchell, for the Defence said he proposed to
show by this witness that Mr. HscOck had hired his
hack, which was closed, and taken In lady from or
the public streets. riding some two three miles in
the country, returning leaving the lady again on the
streets; that that lady was Mrs. Cole.
After hearing the arguments on both sides the
court took its usual recess.
On the reassembling OF the court Mr.. Tremain said
OF showing adultery between deceased and the pris.
oner's wife several years since. He objected to the
testimony ON Che ground that the testimony is mad
mssabe by way OF excuse palliatOn upon an i'm.
dctnient for murder or TO reduce the offence from
murder to Inansaugher; second, it Is not admssi-
derous one and the intent TO KILL third throws
no light on the state OF the prisoners mind ut the
ncati0n alone anOriing evidence that point. He
quoted numerous presidents in support OF these po-
stions
Mr.. Rocker replied tsat the defence intended to |
show not only the fact OF adultery at the time |
time down To the time OF the communication OF the
fact TO the prisoner lie argued that the fact Of the
long existence Of the aduterous acts furnished addi
uona aggravation, and that the question whether |
there had been cooling time or not one for the |
jury TO decide. He claimed that there not |
case on record, whether the question Of insanity
involved or not where this evidence was excluded.
Numerous cases were cited TO show that such evi.
dence was admissible and its proof regarded as fur
MIR. fireman. replied that he lid not intend to |
obtain this evidence when the Inns of i6s man
charged with the offence were sealed In death. He
r.dlcnled the cases Gated on the other side
settling the well known principles Of law as laid |
down by Sir Matthew Hale and other summaries of |
the law: Mr.. Tromain referred TO the sickles case,
trial to show that Sckes Killed Key while the latter
was IN me ac, Of signalling the wife OF sickles.
that case al the facts In regard TO the adultery
admitted IN evidence aud that evidence OF the fact
WA, Wns Admitted e tGa In Es Pocae, Were found
house OF designation I'm Fifteenth street, and the
other the inner door.
Mr.. Tremain briefly replied that the alleged aduI-
terry was no justification of the homicide indepen-
dent Of the question Of insanity and that the alleged
prisoner
Charles r. Cole sworn and examined by Mr..
Mltcheil-keside IN Cortland village; am editor and
publisher az newspaper
Mr.. Brady said the defence had put this witness on
the stand 10 establish Hiscocks guilt and 10 show
their bona des la making the offer by the previous
witness He had numerous other witnesses to csab.
sl guilt to a demonstration.
Mr. Tremian objected to this remark uncalied for
and improper on a solemn trial Ike this.
MI. Brady SAID the defence would offer further
testimony on this point
The oflor was rejected under the previous ruling of
he court
John 4. Hawkins sworn and examined by Mr.. |
xitchell--I reside In syracuse; am n gunsmith; |
called on General Cole last spring with Mr.. Rodgers |
Oh business when he was on the windmill; had |
with him IN regard to going into busl-
ness with him; he seemed diflldent and moody and
lost IN thought for minute; after the subject was
Droached he talked nationally enough, and said he
would call and see again; he did not DO so, and
ND not recognize me afterwards, although saw him
every day; he appeared like moody and sullcn
fellow.
. Cross-examncd by Mr.. Sedgwick--I mean by 0illen
lhat ne looked glnm AMI cross; never spoke TO him
before that: had seen him frequently; Mr.. Rodgers
introduced ~. Witness here detailed the conversa-
ton.
James NJ. Gould sworn and examined Ivy Mr.
mltchcil-l reside near Aurora, Cayuga county; my
loiiher we aud Mrs. Coles family are indirectly |
Iesteu saw The prisoner on the day OF tile homicide
~. on me cars al syracuse; the ears were standing
aclosH Salna street: he approached from the south
anu from the north; | knew the prisoner well: |