Newspaper of The New York Herald, January 21, 1842, Page 1

Newspaper of The New York Herald dated January 21, 1842 Page 1
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THI Vol. VIL-lc. 307/~WkoU 1913* COLT'S TRIAL. ? n. ?.?Turusniv. J?ECOflW I'A *? X The tame excitement prevailed this day through the whale city, to sec and hear this extraordinary trial. Crowds aerronndrd the City Hall, endeavoring to gain admittance ; hat the excellent regulations prevented any confusion or uproar, and none but those authorised and required to attend the trial were admitted- The Court was full, but not so crowded aa the day before. Hy half past ten o'clock >re were only ten male and three female witnegspre.-ent, including Mrs. Adams, who looked rar pale and agitated ; her father was with her e wore her veil down, and looked earnestly to? rdsColt, who sut right opposite to her on the erside of the room. lelt was dressed in black pantaloons, boots,black . in vest, a daik blue braver cloth half overcoat, v m as a frock coai; a black silk handkerchief \ s tied neatly round his neck, and the ends pats.< under his vest, out of si?ht; he looked uncomnly calm, but was evidently somewhat nervous, be suppressed all traces of emotion. He I ue into Court before nioe o'clock, and sat an tr and a half in reading the papers, particularly t; debates in Congress, from the second edition of "Herald." His father was with him, a venc. >.)e, tine, benevolent looking man. The old genL J iJ ?41 -oA MiiAk frrim kii son's I'l Un naa eviuenuy iim' Ku Mi.v. ill' tttion ; he looked ae if he had bee? crying biti iy and long. Cult's brother was also present, ?- 'tributing as much as possible to his brother's rt.> ifort. 'lost exoellent order was preserved inside the i ?v through the peremptory order of Judge Kent, 1 eh the officers carried oat fully, and the accotn - : 'ations for the reporters were most excellent. ?' teas than 13 reporters were present. reeisely at half past ten o'clock, Judge Kent Alderman Purdy nod Lee entered and tuok r seats. The Court was then opened. The k, Henry VaBdervoort, called over the names . te eleven jurors sworn the day before, all of ' ai answered thereto. '.dge Kent?Now, gentlemen, proceed, if you v -' -eady. aiTixa?Has the sheriff made his return, le Deputy Sheriff caiue into Court, and said he had. dge Kent?One of the jurors wi.-bes to go to his !y in charge ot an otuccr. is was consented to by prisoner's counsel. Court swore two officers, and ordered them ' o lose sight of Him, and sutler no one to speak n on the subject of the trial. < srk?The Sherill returns William Smith as a lliam Smith was put to the stand. . Seldeh said ke thought the rule of law was urn to the original panel, whioli was never exhausted as long as a juror was in Court. He wished the name of the talesman put in the box with those of the regular panel that were not called, and then drawn in regular order. Mr. W. Smith wuk examined?Said he lived at 69 Avenue D, was in the lumber business?had read the papers, and formed an opinion. Set aside. The Court directed the Sheriff to summon another juror from the county at large. Mr SeLdek moved to have the original panel called. This was overruled. StLDEit excepted. The Sheriff return d John Ro*hore Jonir Rosii ire examined?] ?r . i-.r.?iti, ._,i live at 1560 Fourth street: ' . - f?^naents in the papers, b?* t 1 havr r ?il? n?rtip? and have no bias- ' - 1 know none of the parties believe exp* ? * haTe f?rme" 110 ?P,nion? >n<1 1 Selt -eased done. * - ^sii-1 am satisfied with this juror, sir. ^ , fVniTisG? Hare you unconscientious scruples about serving on a trial involving life and death. . Roshohe? I've been opposed to capital punish- , Bents. Judge Kent?But you've no conscientious scruples that would prevent you from bringing in a verdict of guilty, if the evidence warranted it, though the punishment were death. RosnoBE?No, sir. The i>iror was then sworn. TfVO or tilt jilt-r-i Mmm>. Husatia and Uowr, had just before been allowed to leave in charge of an officer. Mr. ScLDKNthen said, that perhaps, before proceeding further, the Court would take an interval ef half an hour, during which time any of the jurors who wished to retire, could do so. Judge Kent?If any of the jurors wish to go to any specific place, I can send them in charge of an officer. Selden?Yes,(?ir ; that's what 1 mean. Messrs Hobby, Hatfield, Forester and Delevan, then left in cbarg- of an officer. Subsequently Mr. Duncomb, another juror, left Here Colt'a Counsel jointly and severally left the room, to consult together, as we presume. The following is a complete lisc of the Jury : 1. Joseph Bishop, 662 Grand street. 3. Nathen R. Hueted, North American Hotel, Bowery. 3. Epenetus Howe, 63 Liberty street. 4. James R. Hobby, 374 Orand street 5. Hiram M. Forester, 342 Broadway. 6. Horace F. Clark. 167 Greenwich street. 7. Cliaa Hatfield, 473 Broadway. 8. Charles H. Delcran. 9. Thomas Doddsworth, 10. Alfred H. Duneombc, 337 Pearl street 11. John H. Williams 316 Pearl and 199 Ma lison sts. 13 John Ho shore. Too much praise cannot be awarded to Mr John Westebvclt, the Deputy Sheriff, for the very excellent manner in whic i he planned and Conducted all hi* arrangements for preserving order in Cour;, and keeping out the croird- Within the bar, were Meter*. Hoffman, Maxwell, David Graham, and several other distinguished lawyers, drawn thither by the interest of the case. The Jurors having returned their names were called over by the Clerk. All answered. Ct.KaK : Gentlemen you will look on the prisoner and listen to the indictment, which is in the following word*. Here the Clerk read the indictment; the prisoner Colt, stood up and look-d earnestly at thn Jury, and looked tolerably calm ; but his lips moved as in the act of ehewing all the while ; and his arms were folded. The case on the p?rt ot the people was opened uy James M Smith, Jr. Mr. Smith said it was the first tima in his life that be had ever arisen to address the jury on a part ef the people, in a ease where the verdict which they would reuder mi^bt furnish to the court the authority to pronounce upon the individual on rial, the sentence of death. That it was a painful ty for the court, a painful duty for the jury, and painful duty for counsel?nevertheless, it was uty which mutt be fearlessly and faithfully peri. need, and that so far as the jury was concerned, y had nothing to do with the consequences eh might result from their verdict. He stated t* the was aware of the deep interest which if case had excited?that it was one almost tfc larallcled in the history of crime, and at ' upon which almost every person who had b?>.rd of the transaction, had formed an opinion, fit the jury were selected,after strict examination, anse they bed sworn they stood impartial be1 en the people and the prisoner, and the people ild require of them the same candour and imtlality that would be required of them by the inner s counsel. He wai aware that in esses of kind, the sympathy was all with the prisoner; he must remind them that sympathy ought f to have the control of the jury "box; that there iee alone should govern; that the prisoner was cnarged with committing a murder, unparalleled in the hlitnrv of this ceuntrv; that we all kne?v the deep feeling* which agitated this ooramunity at the time of the first annonneement of this tragedy; that we mw, by the immense concourse which has here assembled to witness tuese proceedings, that the excitement then felt is still existing ; that under sucb circumstances, it would be their duty to examine with great caution the evidence, and that if any thing, no matier how slight, was elicited^ in favor of the prisoner, it should receive candid consideration, and ensure at their hands its full benefit for the prisoner. Mr. S. then stated the principles of law governing ca-es of this nature, and detailed the facta of the case, as the prosecution expeo ed to be able to give them in evidence to tba jury ; and concluded by saying if the facts proved were sncli as he had stated, It would he the duty of the jury, without regard to their faelinra, to pronounce a verdict of guiWy. Mr. WniTino called Asa H. Whiii.u: Am a teacher of Writing and Boole Keeping, corner of Chamber* and Broadway, his place of bueines*: nuimwvn ?ur?i "i ^iinuv vanuiu^a. Am married : lire vSUh (treat, near Hroadway my office ha* bee* in the Granite Building* *ince one year la?t May tecnnd floor. Whitino? Bring me that diagram, if Justice Taylor i* in court. (Diagram of the Mcnad floor produced ) WiTirt** I know priaoner; he ealied on me in 1H8R, to hare me examine a wnrh on hnk4MDi?: X ?>'W?e?d hiaaelf; that waa ourfirat acquaint- I 'ed on tb? aecoad day of laat Auguat | 3 NE1 1 CORNER THE P L A ( t -zS .fM0 -j^M ] (vi a bed to take a room of me; 1 let bim have the room for aix weeka. according to agreemen', from ihe second of August, I think it was; room adjoin ing mine in the granite buildings; 1 occupied then two rooms; they joined each other?folding doors between; my entrance is in Chambers street. In f?oing up to the hall you immediately ascend the stairs; there is a right hand rail; no turn till we come ts the second floor; at the bead of the stairs you are in an entry way, running parallel wi h Chambers street?leads to Broadway; my room* on the right hand; on getting to the top of tbe stairs you tnrn to the right to get to my room ; Colt's room is passed fir.-t in going to my room; there are three or four rooms between the stairs and Broadway; two others similar to my room; you pass two door* before coming to Colt's door; a door entering to each; the door of Colt's room swings in to the right as you go in; between Colt's door and mine, there is six feet on the hall; my door opens the same way; both about the same size; my room is on the corner; one side on Broadway and one on Chambers atreet; two windows on each street; Colt's has one window on Chambers street; the folding doors between Colt's room and mine open into Colt's rooms; rented room for six weeks; he entered into occupation of the room on the 2d August, I think; before this I used both rooms; this was my vacation time, and I was glad to dispense with that room that six weeks, having b it few ?cholars ; on his coming into the room, the folding doors were locked, and remained so during his occupan cy, and neveropened 10 my knowledge. .Mr. Kiiey occupied the room four weeks before Colt cam-: in ? the key, I suppose,was given to Colt t y Riley; 1 never saw it since Riley had it; Riley had the room three mon'hs; he had the key; it was kept locked bj Rilev > no other fastening was put on the door while Riley was there that 1 know of. These doors could not be opened into my room without breaking the hinges; I was not at ray rooms on the morning Colt moved in; cannot say how soon after Colt came in I went there; I never taw any furnitnre but a few chairs, a table, a box and a trunk; it was a pine box, abont three feet in length, about eighteen inches wide, and tha same in depth; 1 never took particular notice of the box?mere conjecture; it stood left hand corher as you entered the room. The table stood in the west corner of the room, to the right hand of the window on Chambers street Whitixo.?Look at that diagram as it's folded down, Wheeler. Is that the rela'ive situation of the ooms as they are ? [The above diagram was shown to witness ] Witness.?That's the position of tha rn, in?? this is the hall, there is mine and Colt's mom,there the windows on Hroadway and Chambers street, and there the folding doors. Judge s'est?Let me see that diagram. (The diagram was handed to the Judge, and afterwaids handed to the Jurors. ?* iTi~ehs ?- i lie c?uic occupieu mu wnujv space between window and wall, and went past the window a little. Colt was frequently in my room and 1 in hisropm, and met him often iu the. hull, during the aix weeks. 1 had to hare three writing-desks in nay room ; one standing against those folding doors; it was seven feetlongand four feet in widt i, it occupied about the space of the doort, fixed in nicely to the posts of the doors; a-iothcr desk standing against the wall on Chambers st, between the windows, extending from one window to another; a third stood from lhe window, and rxtendod from the corner window to the second window up Broadway. Chairs and benches are used for ray pupils. Chairs used to the desk against the folding doors; chairs to the desk for Chambers street, and benches to the one in Broadway 1 bad an old secretary in the recess on Broadway,that 1 used myself, between the fire-place and the Broadway wall. The fireplace is in the partition, on the hall; that it h brick partition; the partition between the rooms is lath, plaster and studs. Up to time of this affair, I've had no controversy?I once asked him f..r n small amount *f rent?he got earaged?1 told him il was noi worm wnuc u> gei angry tor so ?rn ill a matter ; he gave me then m<mr of bis hooka a* security, and we were good friends >:gatn The Tory next evening after this, Colt was in my room after my scholars had left He was to pay uie |]0 at the expiration of four weeks and ,$5 at the expiration of two werks more: so these words must have been about the 2d or 3d of September. The next evening he came into my room about nine o'clock and conversed for some tunc with me; 1 h id first spoken to him. From then doivn to the 17th of September we were pUasant toward) each other and on good terms. He was to leave at the expiration of six weeks ; 1 asked bim to leave; he sRid it);as not convenient to leave at that time ; the 14th of September ; then he wished to stay a week over his time; I partly assented tr this rather than have anv difficulty with him or disappoint hi in. On the 17th of September 1 arrived at my room about half past two, P. M , on Friday ; I was seated at my desk a writing, at the north easterly corner of the room fronting Broadway ; I was alone for some time, and there entered a 'pupil of mine, about IK years of age, Arzoe Seignette ; he "* affo.wlJ?? ?n kAnlr.koonitia- hf* tnnkf til* ifnf I went to work at bonk keeping ; I was bnsy enpaged at writing; quarter pait 3 I be^rd thin report in the adjoining room; thin nai*e I can compare it to nothing but the rattling of foila?this was but momentary?it was followed by a fall upon the floor; r.f something quite heavy The young man present beerred, "Mr. Wheeler, what it that," andlooked up quitesurprised. "I don't know " I immedately left my teat, irent out into the hall to Colt's doar and liatened and all waa still I looked at the key hole, and I observed the drep was down inside oter the key hole, excepting there waa limply a IV YO VEW YORK, FRIDAY M /^1 I\ A mTTfllTl 1\TTTT r U-KA-WlTUi -BUl-LDlJNlxS : OF BROADWAY AND CHAMBERS } E WHERE ADAMS WA iij g g DIAGRAM OF SECOND FLOOI L'HAMHKIIS SI KKDI MUK ray of light; I had my pen in my hand; I inserted that to alip the drop on one|side; put it into the key-hole; I there law in about the centre of the room, close by the west side of the room, clear tip to the wall, towards the North River, a person bending down over something in their shirt sleeves; tht left knee appeared to be un mrmeUiing and t.'inr tvu h'met* n hnlrlinir nf i/int#//iinw /*?///? rmiffii mnrrnxn/ /if the ahovlilera. (He showed how the p-rson stood; the body was about one fourth bent.) 1 could not see whether the shirtsleeves were rolled up; I could only see the pantaloons; 1 could not ace wheihcr the arms were on anything; 1 only saw the shoulder*; 1 could not seethe head; On the table I diacavtrtil two black hata. This person remained in this uncommon position?stooping position?nearly ten minutes; I was not particular to |o k at my watch During the latter part of the timo he got up. went to the table ; put something in or took something off which I 1 did not sec, and returned to the same position.? I I then called the young man to watch the doors till ' went up stairs to see for help; to stand in my 1 door and watch Mr. Colt's door ; till I went up fur ! advice or help, and to find Mr. Adams the owner i oi the building Mr. Adams was not in: 1 called at several doors: they were absent; it bf ing about their dinner I our. 1 then called Mr Hoekton, the man that had churga of the house to kesp it in or 1 der ; he came down with me, and looking at Colt's 1 door, found it darkened again, the drop in*ide put I over the key-hole : Mr Hoekton appeared to i the rather timid ; he left me ; went back ; he . bought there conld'nt be anything of the kind ? I related the circumstance to him ; he appeared to | be agitated and left me alone in the hail: 1 waited : keeiiinz an eve on the door, till a sctmlir of mine | came in, I related the circumitance to him ; and I rapped at the door ; no answer; all perfectly still. J then went softly down to the head of the stairs, and returned with a heavy walk to the door, supposing Mr. Colt might think it was a friend, and open the door. I wrapped again, all was still ? Screral of my scholars came iu immediately after I then waited in ray own room ; in fifteen minutes t ?they ctrac in, being young men of some cxpe- I riencc in life, I related the circumstance to I to them; I still kept watch, I believe. I then sent ( a person, Mr. Delnose,after an officer; the person returned with the word that the officer was engaged then, but would be there in half an hour, or less. We waited there till candle lighting, when Mr. Wood and Mr. Riley,two ol|m r scholars went after another officer. Mr. Wood is clerk at the Exchange Lyceum, in Hroadway; Mr. Riley is a dry goods merchant; don't know where he is. The answer was thdt the officers eonld not open t ie door, if they came, hut that I must keep watch. Mr. Isaac Scignetfc) was the person who kept watch before. And after this, several of my scholars watched Colt's door, thciranxiety was so grout. I waited with my scholars till 9 o'clock, my hour of poing home; left the room in charge of Mr. Delnose. During (he evening we heard a noise in the room continually, but no one went in or out; from the time of the noise of the foil , to 9 o'clock, I | hoard no noise of jangling, no loud words, nor ; wrangling quarrel, nor any thing like the sound of I the human voice Previous to that noise of foils, I heard no words in that room; that was why it surI prised me; came upon me no suddenly, and immcj diately ceased. The noise of foils was but a ! second or two, and then I heard a noise of | tailing; mat was momentarily; Uitif wi a mi" I inUi fining now, however; th-re wa? a sound a? of persons scraping the Tret on a carpet lloor; | it wasamulll-d noise; it warlike muring something | with the feet, or shuttling of f?et; there wis no carpet on the floor. At first I thought it no longer than a few seconds, hut on taking my watch out I and eilecting. I found it was so. I was engaged writing an ornamental piece for exhibition when I J first heard the noise?not engaged with one o| the j scholars. My attention was first railed to the rnini by the cla King or rattling ' f foils or somei thing?I hardly know how to call it. i think I ! remained in my seat till the noise of the body fadI ing. 1 sat with my lelt side towards Colt's room ; | my back partly so. I did not change ray position I till I heard the fall on the floor. Two or three seconds, or half a minute after, F heard the noisn of falling; I rote from niyseat; during thai time I heard nettling like the opening or the shutting of a door ; all was silent and still At nine o'clock I left the room in charge of Mr. Oelnose, r- qncsting him to keep the watch ; he remained till three on Saturday morning. On that morning at hslf-past nine, I arrired there and opened Mr Colt's door with u borroiffti /try, and looked in : ! found he was absent; Ihalfoprwd the door, stepped one foot in, and looked in ; I discovered the box was missing that had >tood there; that the floor apparently had been scrubbed thoroughly; ihe spot over which this person had been stooping, I took particular notice had been more thoroughly scrubbed than any other part of the room?ao as to present i|tiitu a contrast; alto, that there had been oil and ink spilt around the roomoil on the base and ink in spots on the wall I j look the ttonr to be wet?water standing round the hase; the centre wan not entirely dry?damp1 i?h ; I only stepped one foot in the room; I expressed a desire to one of my pupils to look into the room; he said he thought he *iad a key to fit it I remained looking at the room not more than a minute; I locked the door; went to,my runit, returned the key to the owner. I had been in my room thirty minurea or nearly, when I heard a knock at my door; I opened it, and Colt stood there; he inquired if my key wouid fit his door; he said he'd lafl hie at the home, and wanted to try it; he tried it, bat aaid it did not lit, and returned it RK H ORNING, JANUARY 21, STREET, S KILLED. Eim Mr 91 , -f El. w > 'S ^ , > ; ** j 2 < O ' ? 8 0 1 V I could not ge?? whether ho did try it. Ho v then began talking to me about book keeping (we both engaged in). Course of conversation, he 1 asked mc if 1 had seen his brother there that morn- j" in-; I told him "So." He said his brother had waited an hour fer him; I observed that I did not ., sec his brother; he was very talkative indeed. , At last I got on opportunity to a-k him a word ; and 1 said "Mi. Colt what was that a n?isi yesterday afteinoon, in your rooin." He re " pli<-d that I must have been mistaken?he was out ' all the afternoon. There was some few words here I said, and he left me. 1 stated to him that there " must have been a noise, for we all heard it, and ? i it very much alarmed us. He again stated that we | must have b-tn mistaken,and gave again as a rea- T ! son that he bad been nut all the afternoon. 1 heard ? : him in and out during the day, Saturday, but 1 did j not see him again that day. Saw no article go in '' , or out that day. I might have seen him again that I day, hut not to apeak to him. On Sunday I was in there, and did not see Colt thatday. On Monday "

about half pa t 10, I sat with my chair leaning up against the folding doors, the Chamber street side, ?v h n Mr Colt entered his room as I suppose it wai j.1 him ; he commenced singing,v hich whs very uncoin- J . mon? never did such a thing before. 1 took a piece of . writing of mine which Colt thought was executod '! wit ih asteas an dense to see the position of the room . again. 11c was smoking a cigar, and had a bunch 1* of matches in his hand I hud not seen him previous that day. lie asked mc to smoke?1 declined, H told him I took a pinch of snn2', but never smoked. He said it was a very bad habit of his, that he snio- j ked so much it caused him to spit blood, or else he _ smoked to prevent spitting blood, 1 forget which, as my attention was more particularly directed to j" the floor. He stood near the door. On this part .' of the floor which had been scrubbed mere than the rest, there were 30 or -10 tpecklt* (spittles) in a * spot. In the course of the conversation 1 referred n to 'he no se of the Friday previous, ilesnid "To j*. te 1 you the truth Mr. Wheeler, I npset my table and broke my ink bottle and spilt my books,but 1 cleared * it all up and no offence?hope it didn't disturb you v in your room. One thing I neglected to inenlion. * On Saturday J call- d on Mr Adams, owner of the building who had an office directly over my room, j1 to ask his advice on the subject. He thought we ! had sufficient grounds to proceed upon?but bad better hi* niliet anil son if there was anv thane in a the paper* ?it wax a delicate subject to meddle , with?better wait a.id deliberate?see if papers said J I any thing and we did nothing farther then. On ' Monday, after what I've said, I returned to my P room aau nothing fnrther occurred on Monday I that I re oiled. During all that conversation, he ' con'inned standing He stood in front of me or to the left of me I gave the room further exaraina * tic.n, I saw nothing but where ho spit except what I saw on Saturday. It had the appearance of being scrahbed again?wet near the bar, but that proved to he oil. We met frequently * during the werk. On Tuesday I saw the notice in . the paper; I then went to Mr Lane in Catherine str -et, anil saw Mrs. Lane; I told her? I I^lipped.J Wirwiss.?I sriw Mrs. Lane; I returned to mv room: Mr Lane culled 011 me at my room" at Hi o'clock, Willi a Mr Lnwring; Mr Lane produced Mr. A am^'books?we examined them and found ? [Stopped ] Ski.d>.i wished to know it they meant to show thu Mr Wheeler conversed wnh Mr. Colt abi ut Mr. Adams' book. WiT*rs?. We looked at the books, and fonnd and saw that Mr. Colt?[Stopped ] From seeing , the hooks we went over to the Mayor; I gave him ! ah.story of toe occurrence, and proceedings were , set on foot; I saw Colt frequently daring the week , ?it was Tuesday I went to the Mayor; the day I | -?w the notice in the poper; I saw Colt till his arrest; on Thursday, before he was taken, he a-ked roe \ery politely to come into his rooms?he wished me to converse shout book keeping; said 1 was an older teacher than him, and any advice I could give him about publuhiug bis book he would be happy to receive; I partly promised to gain, hut did not; tin Friday morning 1 was standing talking to Mr. Butler, the portrait painter, at the front door, and Mr Colt came up and again a-ked me very politely to come into his room that afternoon He appeared very Iriendly. That is all my knowledge of the subject. A'hitijsu?He's your witness, gentlemen. Cro*s examined?1 think Colt movadto the room in the morning. In the course of a day or tiro after ' I went in I saw no change in the room ti l the ' Satnrday after this affair. I he chair*, and fable 11 and box, had been brought into the reom during P his occupancy Broadway is rery noiny in the morning, and then again from 3 o'clock till candle ' light if is very noisy This was a very warm and , rainy day, and my windows ware open. On a rainy day the noise of the omnibusses in apt to he I greater than at any other time I is often verv i m ich incommoded in hearing in my business there ' when my windows are up; thev were up that day If was a <|narter past three o'clock when I heard *" the noise. That young man ("eignette) use illy If' came in at thr?e o'clock. He had been in about f' a (purler ef an hour. Abnnt six o'clock the noise is the greatest with the carts ; but it was very noi- al ay I went to Colt's door hnt^once before I went up " a'air- f.>r the other tenanta. 1 ataid at the door ten minuter,and called the boy to watch and then went up ?tair?. I *'nt *l"n* i only went once before I f> went up ataira ; juat atepped back to my door and C called the boy to watch ; then I tiaed the pen a a I di aaid ; the latter part of the time I wna wntehiajr; j? the peraon atoonmy roae up ; I eonld only aee the c< ahouldera j the back part of the body; and bia head ERA 1842. to the right Hide, uot much of the head ; he wan abent a foot from the base, and about the centre of the went wall ; the angle thai 1 gut to see with ju?t brought my line of sight to as to sec the back and tipper part of the individual; the face was to the wall and the re?t of the body waa from the wall ; there wae no change of position all the time except a gentle shaking ol the shoulder*, till he got up and went to the tnhlv. The table stood in the south-west corner, the long side running towards the window; 1 believe there wa* a looking glass there, and some hooka and a candlestick, but no shelves or book case; when 1 got the keys from the Mayor, I found a piece of lookiug glass nailed against the wall; 1 had before seen a small looking glass there- The day Mr. Colt was taken, 1 observed pieces of looking glass that had been swept under the folding doors, large and millI pieces, as if alookingglassnad been broken; I have them now; 1 d-d not keep my pen in the key-hole; I did not then try to get into the room; 1 [lid not knock till my return from up stairs; 1 did not know but what Mr. Colt might be packing up his hooks ; ke had talked of going South ; and as he owed the (rent, I felt deli- I cate. While 1 watched Mr. Seignette listened at the folding doors. After I called Mr. Seignette to watch I went to Mr. Osgood's room; he was absent. 1 went to Mr. Johnson's room; he was absent, and there was a doctor and others on the same floor, whom I did not know; ael chose to go to some, one 1 know. From the staircase to Broadway, on the opposite side of the hall, there are two I irge rooms, Mr. Osgood's and Mr. Johnson's. Mr. Johnson has a room opposite Colt's. 1 was only a minute or a minute and a half going up stairs and hack; Mr. Seignette had taken a chair and sat in my door with a bonk in his hand; persons might have talketl quite loutl in Colt's room at that time of Jay, and me in my room not hear it unless our at ention was directed to it. I used a steel pen to ? ?i :? ii?u, ?,.._u """ '"c uiwp, ?nu II ??= l*fi"l tlicugu HI remain fixed up when I put in on? side : I cannot :cll what force I used to turn the drop : In half a xiinute or a minute after I went t > the door, 1 raised he drop. / heard no noise ull the time Ilookiil through 'he key hole. All was very still. The person stooping down, remained so nearly all the time. His ?ody wus half bent, the length of the limbs from :he floor. He only returned once to the table Fhe person had his coat oil": 1 noticed the back of tiis vest From the first noise to the last, it might Have been half a minute or two seconds or three : it could not have been a minute : I was a good deal 'ggzited at the time : the first noise alarmed me a tood deal?it came so suddenly: the first noise wus like foils striking together when people first soramcnce fencing : it was not exactly like that, nit 1 can compare it to nothing else : i do not think t was the striking of foils ; the noise of sliuldingof "eef followed immediately; between the first noise led the fall, I heard no sound of the human voice; luring this time, Mr. Seiguette sat a.'ioat half-way ret ween the folding doors and my seat; about the tentre of the room; that is when the first noise yns heard; I do not know whether he or I rose iirt frem our seats; I think we slid not rise from >ur seats till wc heard the fall; we reflected a title ; the time was short; don't recollect that either >f us suggested to go into Colt's room, till next lay; Mr. Seignctte did not allude to any other cirtuiiibtance that had transpired while wo were together in my room, other than what I have now tated. (Here, at three o'clock, the Court took a recurs if one hoar.) Afternoon Session. Wiieelkr?Cross rrumination continued?I went ip stairs and foand Mr. Hocksoti in his room. I old him 1 wanted hiaa to go down stairs?there ias soincth ng wrong going on. We came down - went direct to Colt's door?Believe I didn't knock ill Hockson left me 1 looked in at the key hole, nd saw the drop down. 1 told him 1 apprehended nil play. He staid down one or two minutes ? Ve spoke together at the door. He didn't rap at lie door We spoke rather low. Didn't turn the andle of the door. I then went to my room and , Iter tint went to head of stairs and came back rilh heavy tread. It might be half an hour or fif. een minutes before I did this afier I left Hockson. ifter he left me I went to my room,a scholar came i, and then I went to the door and rapped ; no newer; went back to my room; then to the ead of the stairs and back, and rapped again ; eceived no answer : went then to my room Ir. Seignette remained all the time; don't now why 1 waited till another student came in; erhaps 1 wanted advice. I did not usk Mr Sigette to go witli me to Colt's room at anytime: e might have come out: he was in the hall, in nd out several times ; some of my scholars went :> the door and listened to see if they could disover any noise. I did not try thr door ut all, any ime that'day : the intervening noise was like shuting of foet or moving of feet, as if to remove somt timg : the noiso of the fall was very sudden and Kisutdneous ; the noise at fimt might have been be breaking of the looking glass: I think I went i with one of the officers, after Colt's arrest, and efore the Mavor gave me the keys: some of my rholarn that afternoon, staid till my evening (holars came: Mr. Delnose came there before eignette left: I then sent him for the officer about alf-past four : he was absent about thirty minutes Messrs. Wood, Ililey and Hlair were there : there light be others : 1 have some that go at candle giit : Mr- Wood remained till 8^ o'clock : he may ave gone before. Mr. Riley and lllair went away. Ir. Wood might have gone away. Mr. Delose went to tea and returned; he was absent bout half an hour. I think Seignette lelt at candlegbt 1 cannot remember that any other of my fteruoon scholars were there thai day. Can't say rhat time Delnose went to tea. Can't name one rho ctinie there that evening Mr. Riley might ave returned. I think Mr Riley left my tuition t that time, tne next day, Saturday. Don't recol;ct ihat any one of ray scholars besides left me on bat day or night never to return. 1 can't recollect ny cither siagle individual of my scholars that was her* that night. Mr. Wood and Mr. Riley went >r the officer the second time; they returned, and ' tiley weut away soon after. Mr. Wood might tve remained till 8 o'clock, or have left at Candle ight. At eundle lighting I went to the door, and apoed again. Can t name the time Dclnose camu aclc fro 11 tea. I have my tea bronght to my room very evening I presume Mrs. Hockson brought n<- my tea thst night. Don't think i left my ootn earlier than usual that night. I think left Mr. Dclnose alone that night. My ordinary tcj> of walking along the hall could be beard in hose rimnn unless there was a noise in the street. Lt times the ordinary foot could be heard, and at tiiers it could not. I tlunk it was between iiutid (Ion the morning of Saturday, that I went into Jolt s room. The floor was not then thoroughly rj\ it had rather a damp appearance; one part vas much whiter than the rest of the floor. Don't eiuembcr seeing a pail there on Saturday inornng. He used to have a pail there. That while pot in the floor was two feet six inches wide, lt vas halfway between the door and window. I lave frequently seen him have a pail there with vater 1'hat spot near the base (sur-base) looked vet like water; on Saturday I saw it; but Dr Chiloa said it was fish oil ; hut a! a distance it locked ike. water. I supposed it to he water that had re:edcd and wa* standing there. I think it had the ?amo * ' ?' unlay as n Monday Ir. tiinoffe/ v'aether it was oil or water. The desk against the I oldiog-doors isnot there now; I havu taken posses- J ion of both rooms now.again. That desk there then vas the shortest double de k I have in my room. It vn* about sev> n fee- long snd four feet wide.^ I olinined a key to open Coh'a room, from Mr. Charles >Vood,one of my scbo ars Can't remember whether a--k d him for if overnight. I ?xpre*sed a wish o have a look at the room, to see what was in it, ind he said he had a key that w ould fit it. Lately he walls of that room nave hcen partly scrubbed; *? -l ...a-kaun hi/ * u-fiman whtim 1 #r? 0 n?( in - -r - - " """ *" 'et the ink spots "IT hhe not inmc oft. Mr Dellose hall made* partial arrangement In have Mr. ;0|t'? -onm to sleep in, as noon aa Colt left; and exlecting this, Delnnne had slept in my room, two or hrrr evenings before the 17th of September. I link likely 1 told Colt th it Mr Delnose was occuyinir tny room tnsleep in till he (Cnlt)|\rent away. 1 r. Delnose used to sleep on iny chaira, with a onmirterover him; it was warm weather. ,Mr. Delnose o?ld_ have slept there whether I told him to ?tay mt night or not. I told him to keep watch. Somemen lie went home to Staten Island. Can't say if e slept there on Saturday night. That box might ave been one foot or six inches larger or smaller inn what I've said. I did't send Delnose a 1 cond time for the officer I did't tell him to o back and ask why he did'nt come I was ouhiderably agitated after I looked throndi the 1 ey-hol ; hut not before; because F was alarmed ' bont what was roing oa. I believe Mr Heigette did not look through the key h le. [Piece of looking glass produced.] ' WiT.vrss.?These are the pieces found under my 1 'Idinu doors; Can'i tell wnerethe glass hung in ? olt's room; they ware found under the folding * r?ors; there is a thin stll there; the pieces pm- 1 icted jnst e little way into my room, so that I >uin jiui noiu *1 il una pilil inrm ovi. 1 , tfy Wiiitih*.?Thtre wm cortain to Coif* LD. Price Two C?nU wiuuorv; ti.n in lire curiuiu (.ciuiuiu piodtn.< <i); ?when I looked thtongh the key hole tue curtain Wll druwn across the window; it ?uipem!ed from the centre of the window to the bottom my conversation with Seignette, in the hall, *a. in a low tone; I think that in Ruing through the li.?H that afternoon, I trod lightly, not to be heard br those in th* room: that person in the room stooping 1 think was a tail man; hi* vest, I think, w as a white oue; the pantaloon* were Mack, 1 believe? could not te'l if he had boot* or shoes on; the two hat* were about six inches apart, standing on their crown,-, the table has leave*; no cover to it; 1 gulled the glass here from under the 'olding room* irto mv room; there were, thirty or forty little pitc?? of g s*k, and the two big piece* just showed a t until piece into my room; I first law thun the day Colt was arrested; the noise like foils was like a single clash ot toils; it might have been like n glass tailing down and breaking. After this there was a shuttling of feet, and I have a faint recollection of hearing a noise liketbc stampof a foot before the clashing uoise was heard; heard nothing like I he up*et:ingof a chair; I've not often been able to hear the voice of conversation in that room; sometimes heard loud talk; i ould not hear unexeiled conversation there. Mr. llnckden is a colored man, and live* in the upper part of the building. Hy 8rl.ni.\ ? 1 he sun shines into all those souih windows, the building eppo.-ife is a h gh ti\ e story building, and ruta ofF ahe inn from these windi wn some part of the day. Anzac Seiomkttb examined? Resides enmer 4th and Wnoater, did an laat September. Was a pupil of Wheeler's; I went to Wheeler's between L and 3 that afternoon, 17th of September; i went direct to Whecler'a room, took my aeat at the d< *k upjiunite (not against) the folding dnnra; it ruunarii I It: I to Uroaduay, about opposite to the folding doors; on a bench, ray back to the doors.? The fall first excited ray attention?I heard the scuttle, or n kind of a ruah; 1 heard a snddea noise; I should judge, 1 think it was like taking hold of a man and throwing him down without much trouble or struggle, or any noise at all ; then 1 heard the fall, and got up immediately; Mr W healer got up too, and by his countenance 1 thought he wax very much frightened. The noise was like a heavy fall; couldn't compare it to nothing hut the fall of a man; 1 asked Wheeler w hut bethought it was; he said he couldn't think; 1 d n't kuoir what answer ho made me; I asked Mr. W heeler to see a out it ; he went into the entry ami lot ktd through the key hole of Colt's door and returned; I stood in Wheeler's door. He said be saw somebody engaged in snmethi g on the floor I advised Wheeler to see to it; he went up stairs and got Mr. Hoi kden; 1 ki-pt watch at the door, and no one went in or out ot Colt's room; 1 loci-1 a through the key hole while he wns gone up stairs, but it was stopped up; it was five minutes after W left me to go upto i lockden before 1 looked through tliu koy hole lie and llorkdrn talked awhile,and llockden went away; then me and Wheeler talked together ; he went and looked a second time, and said he naw two hats on the table ; then he came hack ; then three pupils and another came in; the first and second were strangers to me; the third was Mr. Wood, the fourth w?s Helnose ; l'elnose got there about half oast four: from the lime of the noise till Lielnose came I saw Colt'* door, and I saw that no one went in or out; dnring that time 1 hadn't heard a human mice in that r*< in; nor had 1 heard one previous to thi* noise; when Dcluose came we all converted; then in quarter of an hour Wood and a ttranger w as sent for an officer; Wood returned ; Wheeler and 1 und Dcluoie reinnitied there till Wood returned ; one stranger betide*; they were ttirec quarter* of an hour gone; Wood laid he eouldn t set an oflicer; I staid there till half past eight; Wheeler and Wood was all that was there; 1 met Delnose in the entry returning from the police; ifter Wood returned, we staid long enough to talk shout it, and advised belnose to go for an oflicer ; he said he'd go; he was gone about half an hour for the officer; i met biin en the second floor near the stairs; from the t me of the noise till I left for good I went out into the street but once and returned; ilid not sea the door ail the time; went into the room sometimes to sav a few word*; when I went into the street i left wheeler and the pupils there. Jnn't know if I)olno.-e was there; Wheeh r's door ivas open ail the tune that afternoon; don't think I ivas there the next day; on Monday I was there; I iidn't see Mr. (Jolt that Friday; didn't knew aim. Croia-fTaminnl hy Sntrirx?I think that Friday ivas the first day I was there; I had made arrangements that week to he his scholar; can't fix the exact time I went there; hadn't had any dinner; sometimes I went there at half-past three; can't tell what t me I went there within an hour; that desk where I .-at was three feet from the Uroadway wall; the desk was four feet wide; I was a little nearer the north wall than the centre, and about eight feet from tho Broadway wall; didn't hear a noise that dsy like men moving on the floor- 1 heard something like the breaking of glass; 1 heard the rush and the fall?no other noise, l'hr first no'?e was like foils rushing together, crossing ca h other; 1 don't think it was foil*, though I can t compare it to any other thing; the noise and the fall wa* too sloec to sound like men rushing together with foils; here was but a second or two between them; the ast noise was like the sndden falling of a body; Liter tnis, when I listened at the folding doors, 1 hnnght 1 heard a struggling or something of that lind; I couldn't sec through those drors ; after I ww Wheeler go to the key-hole, 1 went and lialened at the folding doon; while Wheeler wa? looking throegh theltey hole, I stood half a minute, ?nd then I went and got on the desk, and pot my ear within three inches of the folding door*; I trat on the desk nearly a minute; can't aay with any certain!? whether 1 heard a noise while my ear wae it the folding doon or not; the key hole was stopped up with the brasdrop before it; Wheeler was absent up stairs about fire minutes; can't sny certain; from that time till I went away, there were no u-her scholars there but Wheeler, Delnose. myeelf, llockden, and the two stranger*. I might hare gone away at eight. 1 think Delnose would hero refused to go had w< not kept on. Delmose c?mr there at half-past four ; n quarter of an hour afterwards, Wood an-4 th* stranger went out; they Were gone about three quarters of an honr; that made h if I-pa. t ft ; we were talking about it about qu irt'r or half an hour. Thai was si* o'clock ; and he whs gone to the police office about an hour. Wh^u he came back 1 was going away I did not go away between six and seven o'clock, but fri m half-past seven to ha'f past e ght ?'elo;k All these tilings might have consumed more lime than I haVB said they did. I think it must have been In'cr than half-past four when Delnose canie 1 was goinif homo when I met Delnose in the Hall returning fiom the police. When 1 went oot before I wont in front of (toll's building* on the k)de walk, the same side as the <>ramte buildings. When I left lo go home, Mr Wheeler was just living the candles to light them, or had only just lighted them. I cen't say distinctly w hether the? were lighted ?r not I generally left before candle-light; I was there twice after candlelight. My lessons took two to three hours; sometime* four hours. Wliaeler generally kepi his candles under his de-k He generally lighted the* by matches in the summer. I don't recollect lighting thrra for hiiu ever. I don't recollect set ing sny one light light the candles there that evening. I Could see w ho was there when I left. 1 think all that I left there was Mr. Wheeler and Mr. Wood; pretty sure they were all. Wood was sitting on tli?? eastern side of the desk when I left. Can't tell what they were doing. Wheeler might hare been lighting he lamps, or fixing them, or writing. ^' ometiBies he trimmed his lamps before dark to have them ready for lighting. When I got into the street, on going home,there was light enough to see Delnose in tli?. entry. I think there was a light in the entry that night: became 1 iiw Dim *<> plain. That'* the only reaxon: brranie I think the entry wi- not light enough in the Hay time to ree him *o plain \\ hen I got into the (trtef, it wa? luixty, and thev wre jmt beginning to light the lamp*. It wax in the beginning of the evening. 1 walked hnmeto Ith and Woo-ter; had been home half an limtr; and then had my teat ' had tea at the u*nal lime that evening; there wai no u?nal time; wc wain't regular, .oRietimr* bad tea at 7, at half patt 7. and H o'n.'oek There wm no complaint thit I had delayed the tea that night. Don't remember (topping on the way. th hen i met Dei? none in the entry. I nnderitood he waa ccmiug Irom the police I haew Pelnoxe at that time I wa? once in Colt'* room with Mr Morrill and Mr Kmmett. 1 nreer wax in there before Colt wan rrented. v\ hen I wax in Cnlt'a room with Mr Morrill and Mr Kmmett, I don't recollect ?aymg the xonnd wax like the (tamping of feet, or ruxhing logetherof men ; he fir*t noi?e waa likethe clo*ing together of men with foil*, and milling in. Jndga Kikt-Mo stamping. Wir?rr?? ?No air; no (tamping. I xaid I count ompare the jinging to nothing elxe bnt the olaxh ng of foil*. I took lex.on. of Mr. Whenler a nonfh or .ix weekx afierthix; I never conferred vlth Mr. W dealer at all on thi* xuhject or he to me a all that time; I hare to other* in the room S*t.Dajr?Never once *; ok* to him on the #nbect at all. Witwi???Nerer once. <v

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