The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-24

was brain; he laid very dead after he fell; after
some time there were some muscular contracuohs
Cross-examined by Mr.. MITCHELL was stopping
at the hotel; there a number OF people Ia me
stood in front OF the posi- facing west Tor little 70
counter did not discover the pistol until after his
arm was up and just before the report; heard pri-
stood for moment after Mr.. Hiscock fell and then
stepped towards the counter prisoner icit ~ apoui
five minutes after; there was no one IN 'front.' OF Mr.
Hiscock: several persons sat the front stoop;
was examined before the Grand jury
O. What did you hear the prisoner say arter ne
Objected to by the counsel for the people, who in
sist That the defence shall state what 1t expects 10
MIR Tremain stated the grounds Of the objection to
be that the declarations OF prisoner are Lot evil
dence his favor; second, that such oral evidence
is not admssible third, that the prisoner cannot
himself give evidence of the fact Of any supposed
invasion OF his marital rights; fourth, declarations IL
received tend present false issue and, filth, that
they were made after the homicide and therefore are
no more admissible than declarations made week
or q month afterwards. The evidence is no part Of
the res Oestd 1t is wholly In the nature OF hearSay
evidence. Mr.. Tremain supported his objection by
argument OF considerable length and read several
authorities upon the point
The Witness in answer TO question by the court,
said that remark was made by the prisoner to a
person who asked "What was this forr
Mr. Parker claimed the admissibty of the evil
dence. He asserted their right to prove all that oc-
CURED at the time because it tended TO characterize
the transaction, instead Of the prisoner anu the state
claimed supported his position.
Judge Ingraham stated that he had no doubt OF
the admissibty OF the evidence If the remark OF the
prisoner had been made ut the time or before the
homicide, and voluntarily by him; but he desired to
call the attention OF the counsel to the fact that the
remark made after the homicide ana IN answer
| to a question put to him by spectator.
| Mr. TreInan followed in support OF his objection
In answer To Mr. Parker's allusion to the cases OF
Stokes and Mary Harms at Washington, the counsel
said that that point was not raised In these, for there
was no objection made to the testimony, and lie also
| m
were not of that character that he thought ought to
control in the State OF New York and before the
| court trying this case.
Judge Ingraham repeated that he would have no
| hesitancy il the remark had been made by the
prisoner Immediately or before the killing; but
| under the circumstances he had great doubt about
IT, and therefore would give the benefit of the doubt
TO the prisoner and admit the evidence. The remark
would not be taken as evidence Of fact stated and
he the judge would see to II that no such impress
The witness said that the remark was, "fIe has be-
frayed my wife; he has got IL; ne violated my wife
NYs %as a. os he s ad aho his
children; / heard nothing about that; he had
said something before came up that did not hear;
did not see him weep ut all; saw him when he
went out; some one said that he ought TO be arrest
ed; he said that he was willing to be arrested.
Direct examination reSumed-From the firing TO
the fall there was Il silence; then some one said,
"What was this i0r?' and prisoner answered as
have stated; the prisoner acted very cool and self
possessed.
Cross-eXamination resumed-He walked up prompt
ly; saw no onward demonstration OF excitcment
lie spoke with some emphasis did not think he
spoke nervocsy and excitedly; he may have treni-
bled: d!d not observe it; was excited; ala not
observe any elOrt on his part to speak before he
fired.
Ezra +. Treadwell was sworn on the part OF the
people. / made the diagram or StanWiN Hail. and
the measurement OF distances from which it is
made. The distance from the east door, where the
prisoner entered to the pillar where Mr. hiscock
Stood, IL about twenty-one ieet the distance from
the Broadway entrance is about forty feet; the office
desk Is on the east side OF the room; the distance
from the Office desk to the pillar is about eighty
feet; the front stoop is about three feet high.
District Attorney Smith announced that he rested
OPENING SPEECH OF MR. uApLEy
Mr.. Hadley then opened the case for the defence as
| / regard myself rs highly favored gentlemen OF
the jury, in having been selected by the defendant in
this indictment OF his counsel To represent, In
| part his interests upon occasion of such great
trial and solemnity as the present and deem 1t as
both privilege and pleasure that am permitted,
| by the kind courtesy of my learned and much more
efficient associates to submit for your consideration
| the opening argument in his defence. had
thought it not inappropriate to the soemnity Of
the occasion to Introduce this defence TO your notice
with brief history OF some of the antecedents of
the man upon whom you are called to sit in judg-
! mcnt that you may know, and, knowing, properly
| appreciate what kind and manner OF man thus Is
! upon wOse life death IL has become your solemn
| duty To adjudicate. Although now appearing
before you In bonds as prisoner at the bar OF
| sion OF the President Of the United States,
major general of volunteers lately in the military ser
vice OF the country, promoted TO that high AMI dis
tiuguishcd rank for mertorious services and distin
guished galantry in fighting the battles OF the re-
bloody war from which the country has SO recently
emerged. Counsel said prisoner was born in
1877, and after tracing his life to 1851,
| win Mary Barto, daughter of Judge II.
d. 5arto, of Trnmansburg and they were married In
September Of that year. lie then traced their career
through the ordinary ycisstudes OF life. Two chil-
dren were born 10 them when Cole entered the army
| private in the Twelfth New York infantry i'm
mediately after the opening Of tie lie remained
IL the army four years and rose to the rank
| De
| man. She whom ne had left so kind,
difference. Thoughts Of honor and renorse seemed
| TO occupy her mind. Her former affection for her
| husband seemed TO be transformed into feeling OF
settled aversion. Her lips gave no utteiance Of her
former love: she had become cold and uninpassloned
| as the marble; disgust and alienation towards her
| husband seemed to possess her, and to SUCH an ex
| tent did her aversion proceed that she denied
| him those marital privileges which, as her
CAUSED this changer al gentlemen, the serpent
had entered into the paradise OF his happiness, and
woman nar nsng: baG stolen sv Ss mao
and by the magical secrecy OF the adntercrs spell
had transformed her former love INTO settled hatred
and aversion. But not at that time did this defend
ant know suspect the full extent OF the and
calamity that had fallen upon him and his household.
The discovery OF her nhdelity and the detection Oi
| the guilty wretch who had stolen his wlc's purity
| and his happiness was yet IN the reserve Tor the
| future So marked a change in her from love to
| aversion could not take place without leading to
| comment and remonstrance from hum. To his
| Kind and loving representations as to her CON
| duct, To his aiieciionate entrcafies TO be
1 made con1dant OF her sorrow, that he
might share aud alleviate her grief, she deluled him
by atirbuiing ~ 20 false causes, indsrosiilon low
| ness OF spirits melancholy and hypochontlria had
caused IL. Dispircd and discouraged al the failure
80 regain his wles affection, his vision OF happiness
disappeared. he became sad, detected, pcnsve ana
distracted In his thoughts. Tic fell into the deepest
| despair. II IL painful circumstance III connection
| with the foui wrong which the evidence viii reveal
10 !Ou that tnis defendant and tnc deceased, L. iiar
ris NiscOck. and had been Tor length oi time
riends-iO his death warm personal friends Before
q man can deliberately dcbauch the wife OF his
| iriend who contides IN him, he must have become
| abandoned I'm pfinculp and he