New-York tribune., 1868-04-23
THE C0LE-HISCOCK MURDER TRIAL.

THE COLE-HISCOCK MURDER TRIAL.
4 JURY NEUTRALITY-SUSPICIOUS.. BRADY AND PARKER
MOVE FOR AN ORDER TO TAKE TESTIMONY
IN NEw-YORK-DIsTRICT-A ATTORNEY SMITHS
OpENING FOR THE PEOPLE,
ALBANY, April 22.-The Court of Oyer and
Termner IN the case of George W. Cole, occupied the en-
tire morning in impaneling jury At O'Clock the l2th
juror obtained. The follOwngnamed are the jury:
John Beaher of Guilderand Michael H. Kennedy OF Al
bany, John Patterson of Bethlehem, Joseph Brand o'
Rcnsselaerville Cornelius Vandcrzee Of Albany John
Walker of Albany Thomas f. Quinn Of Albany Richard
Crebe of Bethlehem Bussey of Bethlehem David
Friedlander OF Albany, John PembertOn of Albany MI
Parker counsel for the Defense moved for an orderto
fake the testimony of Patrick McGven, the clerk in
sweeney's Hotel New York, who is too Ill to attend
Mr. Tremhln opposed the motion TO grant an order 10
take testimony Of Patrick McNyn de oene eSs III the
City of New-York Mr.. Parker and James i. Brady
briefly argued III favor Of the motion. The Court ruled
that the proceeding is not authorized by statute, but
the Judge saw no objection to granting the order.
Disret-Attorney Smith then opened the case on be-
half people He said that the Grand Jury OF last
June term of the Court Of Sessions presented an indet
ment against George w. Cole, charging that he had been
guilty Of murder having. the fourth of June last
in this city, by the Of loaded pistol intentionally
killed L. Harris Hscock At the next term after that,
when Court was sitting that had jurisdiction of the case
this defendant having been aragned pleaded not guilty
trial of the postponed until this adjourned
term Court of oyer and Terminer which had been
appointed TO try it, The duty Will devove on the Court
10 determine apply the rules of law applicable to the
case and the duty devolves the jury ascertain the
facts and TO decide whether IL is time that the defendant
did intentionally kill Mr. Hiscock That duty is a solemn
one because il involves the life Of the defendant 1t Is
one of responsibility because it involves the safety OF
every citizen But while this dnty is thus solemn and
mat il is a duty not difficult to discharge,
buI
tion of their consciences The Distriet-Attorney
case before the jury so as essential for their under
standing He would not refer TO history or previous ca
case Whoever they may be, however humble or power
ject to the penalties Murder the highest crime
known to our laws One who has deliberately murdered
another fOrfets his life but the law does not allow any
crime entitled TO be heard whether he is quietly or
men, however sure they may be that person charged
with crime IS guilty, to execute lts penaiues. "A you
the blood run from s wounds have no night To pun
ish the offender, and you should XII INN you would
0ense the offender be adudged guilty before beng
punished Another why this s not tolerated. II
ishment proves have be0n unjust the person injured
OF his friends if he should be killed. would retaate so
ual force would bring us back to anarchy.
Both gentlemen resided in syracuse. use Larry
Constitutions Mr. Hiscock had been chosen delegate TO
that Convention from an nteor county anu ha9 come
evening Of that day he was standing the reception
or from his room and leaning against pillar with
his face toward Broadway Two gentleman were talking
with him. This was between and o'clock. The wet
ther was and pleasant the front doors were OPEN
the soop occupied by Peson' sitting a, 'ne sapdns S
there the defendant Cole entering from the Manenane
door, passed & INTO f Pif ep G and md wRe he cot near
enough holding his Derringer pistol almost against the
ear OF his vOtm discharged II into his face and head
killing him instantly Although he owned another pistol
(which the DstrictAttoney producedl he had provided
Kill He had the weapons, when he entered, ready TO
do his murderons work. and then he went sneakng up
bs victim notice who was his executiOner sent him
into the presence OF his Maker II there was aught be-
sSs mSn InG he newer sSVS him Tie poor sa
faction OF knowing by whose hand he died
PoiicestatioS, this othoE Weapon, knife was found
upon him. II may be pretended that this man acted
Of mind. That is very likely. The nghtmnded do not
@ 9 g eY Os mot a IsaG S @a1 %9G @ S
crimes After impressing upon, the Jury the vast nm
pornee of this case Involving the safety Of society," the
DR. JAMES H. ARMsBURY's TESTIMONY.
The first witness called for the prosecution was James
lows: have been practcng physician aud surgeon In
this city 81 years not acquainted with H. H. Hsc0ck
said to be L. H. Hiscock; found MIN Of the rooms
upstairs he was lying on bed or stretcher apparently
eye; one or two other physicians were present
l examined him. he was dead; - passed
"a
backward and upward nearly the whole length into the
pOsteTOr part the brain, rather Obquey must have
crushed through the base OF the skull probably severed
the spinal marrow did not feel the ball think 1t lodged
IN the pOsterOr part the BRAIN The wound the face
was small circular wound just below the right say
threequartcrs inch; 1t the cause OF his
DEATH without doubt
CrOss-examined-Saw other wound; there were no
post mOrtem as OF; the party who fired the
shot must have stood nearly IN front.
Redirect-Q With weapon OF that size would the
course OF the wound indicate the position OF the party
firing itY l0Djected TO, and objection sustained)
MIR. JOHN II. MASN's TESTIMONY.
Mr. John H. Mann swOrlI-Reside IN syracuse; resided
there June last merchant; keep grocery store,
and another where keep firearms, &c; did not know
the defendant at that time have since ascertaned his
identity; the Sd of June last. in the fOTenoOn he
bought pistol of he came into my store, and asked
what kind of pistols and revolyers l had he
chose a small breaeloading Derringer pistol
cannot say whether the weapon produced was
the same IL OF that make and
SIZE lie paid 81 for It, and also took five or ten
cartridges he asked whether the cartridges were
trustworthy, and said OF them were not worth
picay1me;''f furnished them; they nO0 calibel;
think furnished him from five 10 ten this on the
Monday morning heard Of the killing on Wednesday
MIR. Hadley offered TO show what was said by the
prisoner his the police station, but this was ek
Guided and objection was taken
Adjourned until Thursday morning.
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