The New York herald., 1868-04-23

near enough holdin> his Derringer pistol almost
against the ear OF his VIZ TIM. discharged into his
face and head producing death. Although he owned
another pistol (which the District Attorney produced)
he had provided himself witt thls weapon, whch -
more certain TO produce deatns "a nau ten & "no n
then he went sneaking up befHnd TINS man IN
cowardly manner, not even giving us vieIlin hotlce
OF his Maker II there was aught Detween thein In
which the deceased had wrmged tnls man man
Of Showing nsSsl sabs bs whose @ 'n hand he died The
defendant arrested, and when he reached
the station house this other weapon, q knife, was
found upon him. The District Attorney said he had
confined his remarks to what he regarded as legiti-
te niate testimony bearing on the fact, whether the
prisoner, when he blew out the brains OF che de-
ceased and prostraed him upon the noor Intended
10 70 take ms liIe II may be pretended that this man
acted with cruelty so shocking that il indicates his
mind was wrong. That is very likely. The night mind
eu 90 not act thus, but the law does not release
man who Chooses 20 dethrone his reason but makes
him answerabe for his crimes After mpressng
upon the Jury the vast importance of this case
lnsovhg tne safety OF society," the District Attorney
The first witness called for the prosecution was.
James Ii. Armsbury, who, being sworn, testified az
follows:-I have been a practising physician and
surgeon In this city for thirty -four years. was not
acquainted with LII Hscock in June last was called
be L. H. Hscock; found him in one OF
the rooms n up otraicrs;; stairs; he norN, was lying lying
there was wound under the right eye; one or two
other physicians were present; examined him, he
u
under the eye; 1t passed backwards and upwards
nearly the whole length into the pOsterior part Of the
brain, rather obliquey; must have crushed through
marrow; did not feel the ball. think IL lodged In the
posterior lobe OF the brain; the wound on the face
was small. circular wound, just below the right
eye, half threequarters OF inch; 1t was the
cause of his death without doubt
Cross-eXamned-Saw no other wound on the de-
ceased; there was no post mortem as am aware Of;
the party who fired the shot must have stood nearly
In front
Re-direct-Q. With a weapon of that size would
the course of the wound indicate the position of the
party firing ita Objected to and objection sus
John II. Mann sworn-Resde in Syracuse; resided
there in June last am "A merchants keep grocery
store, and another where keep firearms &c; did
not know the defendant at that time have since
cerained his dentity on the sd of June last in the
forenoon, he bought pistol or me; he came into my
store and asked what kind of pistols ana reyoversI
had; he chose small hreech-loading Derrlnger pis
tol; cannot say whether the weapon produced
was the same; ii was Of that make and
size he paid me SO for it, and also took five or ten
cartridges he asked me whether the cartridges were
reliable, and said ''Some OF them were not worth
picayune;" furnished them they are 4ll00 caiibre;
think furnished him from five To ten this was on
the Monday morning, as ] heard of the killing on
Wednesday.
Crossexamned-TIavc lived at Syracuse nineteen
years; did not know General Cole: he came to my
store about ten eleven O'Clock; my store Is pub
lie store opposite the Syracuse House; there was no
one in the store at the time defendant was
more than ten minutes; he came in alone; the car
tridges are metallic containing powder ana ball. 90
not remember how General Cole was dressed; did
not state he detective of the customs; dd not
state his business; party came In the grocery AZ
Cole was passing out 1t was James Manning; ala
not see which way he went on leaving.
James II. Carlisle sworn-Was an officer of the
Capitol police in June last; remember the killing OF
Hiscock; arrested the defendant; weapons were
found on his person pistol produced); don't know
whether this Ia the one; Mr.. Summers had the wea-
pom, and handed 1t to Sergeant Atkins another pis-
tol produced had this In his right hand coat pocket
(knife produced); think took this out OF his vest
pocket; it was about fifteen or twenty minutes after
the shooting.
Hall reception room; accompanied him to the
station house made no attempt to escape submit
much agitated, and was crying all the way TO the
station house had no warrant Tor his arrest ne
was standing up when ! first saw him Mr. sum.
mers had hold Of him by the arm arrested him at
half-past eight O'Clock on his way to the station
house ne would stop and raise his arms and weep
about ms sn orange vc con e that
the pistols produced are the same took hhn 10 the
station house; saw him again that evening at the
station house about ten O'clock then went direct TO
Sanwix Hall; the station house is at 799 Broadway
stayed ut Stanwix Hall ten or fifteen minutes, then
Mrs Cole at the Deavan House; went at the request
OF Mr.. Cole; went from there to Stanwix
Han, and from there to the station house;
the prisoner was talking to reporter, walk
ing up and down the cell, answering questions put
| to him; then saw him again near eleven O'Clock,
and took him out OF the cell to jail In company with
Sergeant Kelly Commissioner Shepard and another
person; he walked TO jail; he little reconciled,
but was very nearly as bad as when took him To
the station house; he was crying and weeping.
q. Was he weeping and lamenting about his chill
drens
made by the prisoner after the act was not evidence
Objection sustained
Mr. Brady argued the admissibility OF the evil
dence and was replied to by Mr.. Tremaine.
The Court stated that II was not prepared to re-
verse its decision &C present
Mr.. Hadley offered To prove what was said by the
prisoner his way to the station house. but the evi
dence was excluded objection being made.
The Court then adjourned until Thursday morning.