The New York herald., 1868-04-23
THE STANWK HALL TRAGEDY.

Trial Of Gcarge w. Cole for the Murder Of
HiscOck af Albany-OpeninE Speech by Dis
tricf Attorney Smith for the Prosecution
The Testimony for the state.
ALBANY, April %, 1868.
The Court lof Oyer and Termner in the case OF
George W. Cole occupied the entire morning in en-
panelline jury. At two O'Clock the twelfth juror
was obtained. The following are the jury:-JOhn
Beaher. OF Guilderland Michael Ii. Kennedy, OF AL
bany; John Patterson Of Bethlehem Joseph Brand,
of Rensselaerville Cornelius vanderzee, OF Albany
John Walker, Of Albany; Thomas +. Quinn, OF Al
bany; Richard Creble, Of Bethlehem Isaac Bussey
Of Bethlehem John J. Long, Of Bethlehem David
Friedander, Of Albany; John Pemberton, Of AL
bany.
James T. Brady appeared among the prisoners
counsel.
Mr. Parker, counsel for the defence, moved for the
order to take the testimony OF Patrick McGiven the
clerk In Sweenys Hotel, New York. VINO is too Ill to
attend.
The court took q recess until four O'Clock and on
again convening Mr.. Tremain opposed the motion to
grant order to take the testimony OF Patrick Nc
Given, de bene eSse, In the city OF New York.
Mr.. Parker and Mr.. Brady briefly argued In favor
Of the motion.
The court said the proceeding was not authorized
by statute, but he saw no objection to granting the
order.
behalf OF the people. He said that the Grand Jury
OF the last June term OF the Court OF Sessions pre-
sented an Indictment against George w: Cole
charging him with the crime OF murder, In having
on the ath Of June last, in this CITY, by the use OF
loaded pistol Intentionally killed h. Harris Hiscock.
AT the next term after that when court was sit
ting that had Jurisdiction OF the case, this de-
fendant was arragned and pleaded not guilty
The trial OF the cause had been postponed nntl TINS
adjourned term Of the Court Of oyer and Ierminer
Which had been appointed TO try II. The duty will
devove on the court determine and apply the rules
OF law applicable TO the the duty devolveS on
the mrv 10 ascertain the facts TO decide whether II
il true that the defendant did Intentionally Kill
Mr. mscock That duty fe Of S2en1 ths e,ns ons
ant. It Is one Of great responsibility, be-
cause II involves the safety OF every citizen. But
while this duty was thus solemn and responsible, the
ury could congratulate themselves that was duty
moi difficult TO be discharged, but could easily be
performed TO the satisfaction OF their cOnscences
The District Attorney said ne could best discharge his
duty by LAYING the facts NJ the case before the Jury
so far as was essential for their understanding He
would not refer " the history or previous
career OF the parties. This had nothing Ia
do with the case. Whoever they may be- however
humble or powerful they are alike arnenable ~ the
same law and subject to the same penalties. MUIR
der Is the greatest crime known To our laws. one
who has deliberately murdered another foreits his
life but the law does not allow any cii
zen 10 execute its DEGREES. Every man charged
with crime is entitled to be heard. whether
any man or set OF men, however sure they may he
that person charged with crime Is guilty execute
its penalties. II you should see a man cut down
another in the street and the blood run from mis-
wounds you have no right to punish the offender and
II you should Kill him you would yourself be guilty OF
murder SO with the smallest offence the party must
be adudgcd guilty before being punished. Another
reason why this is not toerated--if punishment
should be inflicted In this way and It proves TO have
been unjust the party Injured or his friends II he
should be killed, would retaiate. so disregard OF
these rules OF law and resort 70 force. and the
qualification OF revenge each In his own
right, would bring us back 70 anarchy
Both parties resided In Syracuse Early
last June convention met In this city 10 form a
state constitution. Mr.. Hscock had been chosen a
delegate 10 that convention rom an Interior county
ana came 70 this city the 4th day Of June ON the
evening OF that day he standing In the reception
room OF Stanwix Hal, having just come down from
tea or rom his room, and was leaning against a
pillar with his face towards Broadway. Two gentle
men were talking with him. This was between seven
aud eight O'Clock. The weather was warm
and pleasant the front doors were open, the
stoop occupied by persons sitting there and
The gas lighted. While he WAS stand NJ
there the defendant COcl coming In from the Maiden
lane door entered the part of this public room,
advancing w,tt, pretty raPa step. aud wheu nc got