The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-28
THE COLE-HIsCOCK MURDER TRIAL.

The Testimony for the Defence Continued
Proof Of the Intimacy Between DIR. Hiscock
and Mrs. Cole Excluded.
ALBANY. Nov. 81, 1868.
The trial OF General Cole was resumed to-day
Moses Summers, OF Syracuse, testified to the homi
eide at Stanwix Hall and to conversations with the
prisoner Immediately after The prisoner, at the
station gave him letter to his wife, which witness
delivered.
Mary &. Cuyler. cousin to the prisoner, who for
merly lived with his family and witness on the pre-
vious trial, called to the stand and sworn. Her
testimony did not vary materially from her former
statement though some points not before
timacy between Mr.. Hisc0ck and Mrs. Dole and the
terrible excitement exhibited by General Cole in con-
Cole upbraded the witness for not telling him Of it
before or reasoning with Mrs Cole, and ior keep.
ing silent until he va. ruined Zine sns
said, :Dons tell me. know i ali; Mary
his wife eat anything on the Sunday or Mon
day before the homicide; prisoner weRt every time
s ne ssa 1s % ug
ing Hiscock Witness put clothing enough In Mrs
Coles trunk to last her three months; saw General
cited and weps he said he would stop in Albany to
see Mr.. Barto. Mrs. Coles half brother; ne showed
wife, and that she wore It next to her wedding ring
he also said she had given him match boxes and
shirt studs Is love tokens; MIA Cole heard It all;
The counsel for the defence here exhibited dia
gram OF the Assembly chamber and proposed to
identify 1t as one sent by Mr. Hiscock TO Mrs. Cole
The Court said it would decide as to the admis-
sibty OF the evidence when such evidence should be
witness then testified that on Monday before the
homicide General Cole came home and said he had
been followed by u strange man, whom he suspected
HisCOCk had hired to aSSaSguate him.
Counsel here produced photograph OF residence
and asked witness to identify 1t. Objected TO.
Mr. Hadey said the defence proposed TO show to
the jury that aduerous intercourse was maintained
between Hscock and Mrs. Cole In 1894 and continued
from that time until his death.
Mr.. Brady argued at length the admissibility OF
the testimony, claiming that the defence would prove
beyond doubt BY number OF witnesses that Mrs.
Cole was seduced by the intimate friend OF her hus-
band, In her bedroom, during her sickness; that he
continued the adulterous intercourse with her, tax
ing no particular pains to conceal It; riding with
her In coaches through the streets OF Syracuse until
it became public scandal.
The Court held that evidence OF adultery was in
admissible.
Mr.. Brady argued that the presence OF the studs
upon adulterer's BOSOM the wearing OF the ring
&C., equiv alent to discovery Of the adultery
m fngra1,te deltcto. He claimed that the prisoner
was justified in the homicide.
Mr.. Beach said he wished to prove the adultery by
others, In order to substantate Mrs. Coles confess
sion to her husband.
Mrs Cole said. and shat Mr.. Cole said ne knew it
offer to prove adultery was inadmtssoe, and the
defence excepted.
The examination being renewed the witness said
the General told her the confession was not t 10 tell
her. but that his wife had been more sinned against
than SHINING.
On the cToss-examination the witness said Mrs.
Cole one day left her rings q table and witness
found them and asked ner where she got the ring
marked Nv. H.; she said she bought II /;
witness replied, 81 did not know you traded with
Willard Howley;' Mrs. Cole colored up and turned
away. Witness then identified the paper which
prisoner gave her the day he left SYRACUSE directing
her to have 1t published in she heard OF fuss
Witness asked IL she had testified TO anything
about the match box, stud and ring on her previous
examination, and replied that she had not and had
not conversed with any one about them since
ON the redirect examination witness testified that
she had not 80 testified because she was not asked
about them and that she had forgotten about them
until after she left the witness stand the previous
trial.
The testimony OF John L. Cuyler, husband OF the
previous witness, was then read, as given on the
previous trial. The witness accompanied prisoner
from Syracuse to Albany and, his testimony detailed
the circumstances relating to prisoner before leaving
Syracuse, the trip TO Albany, and the conduct and
conversations OF General Cole ut the Delavan House
Immediately preceding the homicide.
The court then adjourned till Saturday morning at
~ 0rlock.