New-York tribune., 1868-04-24
THE co1E.HISCOcK MURDER TRIAL.

PARTICULARS OF THE TRAGEDY-GEN. COLES
MoTIvE-JUDGE ALLEN ON THE STAND
MIR. HADLEY OPENS FOR THE DEFENSE.
ALBANY, April 23.-At the opening of the
Court this morning AOnzo Atkins policeman, was e1
amined concerning the arrest and the two pistols which
were taken from Gen. Cole Mr. Egbcrt Whitaker Of
saugertes attorney who witnessed the tragedy
swore that Mr. Hiscock stood leaning against pillar
smoking cigar and talking with two friends. when Gen.
Cole entered and going directly up 10 Mr. Hiscock ele
waited his hand close that face and discharged
his pistol Mr. Hiscock threw up both arms. screamed
and fell forward dead Gen. Cole then spoke approached
the clerks desk in the public Of the hotel and en
after about minutes went out TO counsels query,
"What did you hear the prisoner say after he nfed te
shot p Mr. Treman objecled-frst, because prisoners
declarations evidence in his favOr secondly aI
cannot himself give testimony the fact OF any sup
posed invasion his marital rights fourth, decara
lions II received tend 10 present false issue and,
fifth that they made after the homicide and there
fore admissible than declarations made week
or month aferward. The testimony Is part OF the
res gesa II is wholly in theanature Of hearsay evidence
The witness reply 10 question by the Court SAID tat
"a remark made by the prisoner TO person who
asked What this for Mr.. Parker claimed that
the prisoners remark should be admitted He asserted
their right prove all that occurred at the time because
It tended to characterize the transaction. ,,.,.
the prisoners remark II made at the time or before the
homicide, and voluntarily by him but ne desired 10 call
was made after the homicide and IN answer to ques-
tion put him by spectator. Mr.. Treman followed IN
support Of his objection.
ndee Ingrahain repeated that he would have hest
tancv II The remark had been made by the prisoner
medaely on or before the killing; but under the elrcum
stances lie had doubt about IT, aud therefore would give
be benefit doubt TO the prisoner and admit the te
timony. -. .--..-., ~, -, -. ,,r,.
has BETRAYED my wife; he has got IT, lac violated my wife
while was at the war; the evidence Is clear ana nave
the proof" He said nothing about his cmldren heard
nothing about that; had said something before came
nm that did not hear did not see him weep at all;
saw hiIn when he out some one SAID tat he ought
10 arrested; he said that he was Wiling 10 DC aresea
the prisoner cool and seltpossesseu'
Cornelius Allen called by the people and sworn-I re-
side at Salem, Washington County; am an At0rney'at-
Law and have been Judge Of the supreme Court was
AT the time of the homicide member OF the C4nsttu-
tonal Conventions did not know the deceased the Con,
yeution met Oh that day; the deceased was member
had come into stanwX Hail. and was at the CLERK cOu-
ter; heard report my rear; at once turned round
l supposed the report OF pistOE AT lIst saw
man lying on the floor his back, is arms Qutsecheu'
blood running from his and mouth very pr9iuse
and he gasping heard persons 70 the nOrtn llooheu
and saw man with pistol In his hand, Two persohs
were about hlm ! heard the man make feinaIk' thS
with the pistol said 81 considered that man one Oi
my best friends but lie raped my wife while was goho
20 the war; cannot say that heard all that was sdl
no was soon surrounded and heard more; dld not
hear the question put "why he did that" . ,
After the examination OF Mr.. Ezra f. TreadweH DIS
trlctAtorney Smith rested, and Mr. Hadey opened Tor
the defense
MR. HADIRY's OPENING SPEECH.
have thought IL not inappropriate 10 the soonny OF
the occasion Introduce this defense your notice WIN
brief history OF the anteccdcnts OF the man
upon whom you called to sit IN judgment tAat you