The New York herald., 1868-01-30
t. .om tho Evening Telegram Of yesterday.



ALBANY, Jan. 20, 1s66
An immense crowd assembled In tho Court House
this morning the occasion Of the argument Of the
motion by District Attorney Smith aud Lyman Tremaino
cuash and s1persede the writ Of cerari granted bv
Judge Miller removing the trial of General Colo from
the oyer and TermIner to the Sufrcmc Cosrt.
Mr.. smith read his affidavit setting forth the facts in
regard the indictment In tho oyer and Tcrmnor OF
tho prisoner his plea OF not guilty before that court
and tho action Of counsel both sides In preparing for
the trial at tho present term.
Mr. Hadley, the prisoners counsel read an Immense
array OF adavits setting forth that Mrs. Anderson and
Mrs. Cuyler necessary and absolutely ESSENTIAL
witnesses for prisoner and tho aldavits OF Mrs
Cuyler and Mrs. Anderson showing the evidence OF Mrs.
Anderson to have been essential as proving the init
macy from circumstances which had existed bot ween
Mr. Hscock and Mrs Cole that the hearing OF tho trial
defendant. as much feeling had been manifested here
against him both in tho local and other newspapers
large number of papers wore embraced as, as among
homicide and editorial comments thereon Counsel also
stated in his adavts that two Of tho justices sitting In
the oyer aud Tsrminer were not lawyers that tho DIS
sentng opinion Of those justices would oveuothat Of
tho other justice sitting with them and that the prison.
ers interests would DO seriously impaired BY being con.
The afldavit Of General Colo ses forth ,ha. he
by the testimony OF Mira Cuyer that In 1854, whIo
dcponcnt was absent In the army, l.. Harris Hscock
had carna knowledge OF ana sedncea sea- acpo.
after deponens discharge from the army that after his
discovery OF tho offences no became prosrasd by grief
agony and subjected to violent and overwhelming
paroxy of grief and that these continued until tho
time he left Syracuse to TO Albany that he won't
Albany with Wow OF meeting his wifes brother TO
consult with him upon the matter and oil sending hor 10
Brook klyp and that his meeting with Hscock the 9th
Of June was entirely unexpected and accidental that
olive G. Cole wlfo OF Senator Colo, In the summer OF
1884 visited tho prisoners wife and obser ed
stances which led her strongly 10 suspect that
an abortion had recently been produced upon her,
and that deponent expected TO prove that l. H.
Hlscock was connected with the procurement Of such
premature delivery, but that 0vee Cole Is now IN tho
ness for defence saw doponent take passage Albany
ON tha day alluded 10, aud noticed that deponents
action was 20 singular that Wheeler thought and feared
that deponcn might commits suicide; that in 1862 dcpo
nen while charging on the rebel pckets ut NewUcrn,
NJ c. severely wounded the effect Of which injury
has seriously Affected deponcnLs health and mind since
then, ana that W. H. Palmer the surgeon
who attended his injuries and can testify M
TO their extent and ELECTS, but for a long
time unable 10 0nd his whcreabouts and
yesterday ascerained that Dr. Palmer was In Richmond
Va. that Drs. Wheeler and II. w. Brown also mporr
tant Witnesses we're both absort tho former Untcds
States supply ship and the latter in Virginia.
Tho Court excluded from the argument all reference
TO tho Injurious Influence OF the publications IN tho
newspapers aud the probability nprobsbity OF the
prisoner being fairly unfairly tried ~ this county ~
The knowledge OF The facts as widely disseminated
thrO lghout the country Az large as IN this county
At tho close Of the atgumont the Court Dunoed that
u would render decision on tho application 10 Quasn
tho mrt VI eeiuormi tomorrow morning.