Newspaper of The New York Herald, January 22, 1842, Page 1

Newspaper of The New York Herald dated January 22, 1842 Page 1
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rm v?i, rn.-Mo. SOS.?Wliol* Mo. 1?T6, TllIKD UA?. COLT'S TRIAL. Coart of Oyer and Terminer. Judge Kent, Presiding. Friday, 21?t January. *** 'itmifnt in thu extraordinary cam in creases with every succeeding ,dcy. The crowds roundtbe City tJull from m ruing till night are freater than on any previous trial in this cit ; at the iron siutts are kept closed, and no one allowed to enter the hall but those who have apecial business. Consequently the immediate avenue* to tbeCoart room are kept easy ef access. Colt was brought into court at eight o'clock. He was dressed as usual ; hut looked rather less coinposed than usual. Mr*. Adams was present, looking very pale and rather dejected. Colt's lather was not present; nor was Caroline Henshuw. The jury passed the night at the Knickerbocker Hotel, F.irk How ; all newspaper* tverc carfully kept from them Tne Court cntue in a> 10, precisely. Mr. Whitinq called ,?lr Octon to the stand. Mr. Seldom and Mr Eismktt made affidavit complaining of hpo wuod-cul* in the 'Tattler" and the "Extra Herald." Mr. Seldeu made a speech requesting the court to is?ue warrants for the arrest of the publishers of the Tattler and the Herald. The Conrt declined iutcfering in the matter, unless a plain and palpable ouse of contempt was orougni De <>re tueiu. Mr Whiting cal ed t'ie foorth witness. Low Octon (t.olorcd Ban) examined?Is 57 years old; resides in the granite bnildings; been there 2(5^ inonhts; was first one that lived in the building; 1 ain on the third story, Nog. 14 & 15. Atthe first. I lived in the u .per part of all; ia.t September 1 was in the third story; my duty is to open and close the building, and keep it in order; I have a wife, no children; lam a sexton of a small Baptist Church; 1 know John C. Colt, pri oner at t-he bar; his room was No. 9 on second floor; it adjoined Mr. Wheeler's; Wheeler's was No. 10; 1 did not sea what furniture Colt brought in; I had nothing do do with his room; 1 never was in Mr. Colt's room; he generally did his own business, on the day Co1' as teok out of the room by four gentlemen, . .s in there; that was the only time, I was called *" that room by request of an officer; 1 was called to go down to that room by Mr. Wh-eler, (in the 17tb of Sept., about I P.M.; he said something had transpired in the next room to him that had frightened him; I came down with him; I went slowly or softly with >lr. Wheeler, as he told me that he lied? [Stopped.] Witness?I walked softly to the door; Mr. Wheeler tried to look through the key-hole, but the span of the key hole was down; it was dark, 1 could not see; 1 remained close to the doer five or six minutes with Mr. Wheeler; we heard nothing; it was all silence; I told Mr. Wheelor as there was no noise, and 1 were a little timid myseii irom wmi ne iota me, i mm him 1 would go up stairs, and if be had a call fir me 1 would come to him, and if aot 1 would come down in nn hour myself; in about an hour 1 eame down and asked Mr. Wheeler if he heard anything further; having care of the building, 1 felt interested if any one ; on coming down the second time, I weat to Wheeler's. Judge Kekt?You did not go to Colt's room that second ti ne. Witness ? Not exactly; 1 asked Mr. Wheeler; he said " No and 1 went up stairs that was the end of that day with me. Ou next day, the 18ib, as I swept down the stairs, as 1 turned the last flight of stairs but ono, as 1 turned the bannister, I saw a box standing in the hall at the head of the last flight of stairs hading to the streat; it was on the second floor, about a foot from the etaire ; on the left side of the stairs coming down, by the banuisters ; it was a pine box; stood up on the end; when 1 saw the box ; I felt sorry that I bad seen the box ; for it struck my mind [ Stopped ] Wimrss ?The box stood alone, when I first saw it; at the end of a minute or two, 1 saw Mr. Colt come to the box, from bis room, or the direction of his room ; :V)r Colt bad no coat on or jacket; s he had his waistcoat and shirt sleeves open ; Mr. Celt took hold of the box ; he put it sideways and slid it down toward ihc stairs ; he went before the stairs after he had eUftj^ Vt if ^rT. ?ai?stthebexto start it; eVerylE-.V^L'^.1!A.,* ?dr"j>0t his left shoulder by main force to stsrt the box. 1 wan ltd to get away from that box. (Here Colt smiled > 1 was never celled into court; 1 bad to stop sweeping to give Mr. Colt a chance to get down his box; wlien he got down nine out of eighteen steps, I went up stairs; no cau-e to do so, but to give him chance to get his box down; 1 came down in six or seven minutes, and the box wa? at the bottom of thestairs, just round the bannisters. (Where Delnose described it to have been ) I saw Mr. Colt stand then out on the <tr>^ in his shirt sleeves; he apFeared to be as if he wa1 looking out for a cannau; swept down, and came away and went up stairs to dust the banisters; there a mark on the box; 1 thought not very skilful; mad'- as it wa; marked with a coarse pen, and the liquid wss not black; looked like blueish ink; I saw cn it "New Or leans;" 1 did not see the rest; was not desirons to do so; the box was three feet long; two and n half feet wide, and about two feet d-ep; when 1 first saw the box it was about quarter to eigh"; tbe time from when I firs; saw it till I saw it at the foot of the stairs, and he ( n the stoop, was about twenty minutes; after that I saw no more of the box; I notic,l that about a uuartcr to nine, it had been re moved; during the time ho was taking the box down, he did not speak tu me, nor I to him, not a word; I had not seen that box before nor since; I did not fee the box in which the body was foundCi on examined by Selde.v?My family lived in the third story, the whole of Septtnsber. The front door is sometimes opened by me?seldom Hccauic IWYnl inside can open the night latch from inside and let themselves out; no one from outside can come in without a key; I always pat the night latch down; I did not open the front dosr that morning of the 19th of September. The door was open that morning when I came down; I don't often come down to opan the door, because several Fcrson* have yopmi th ro that have a night key; _ ans paid for looking after the building by the owners; lam paid for looking after the rooms by ths tenants themselves; what 1 do for their rooms; I had nothing to do with any room that month; on the tth storj --none lodsr-<1 on the tth story as I know?there wi re 29 nod 29, Mr. Ki.lner, Apollt Rooms, large exhibitions of pictures They wcri very large rooms, designed to exhibit picture* one particularly; the other for those concerned ir the exhibition; the other particularly for the ex hibition. No, 26, Mr. Stanton?He was a portrait drawer No. 27, Mr Paige?still a portrait drawer. No. 25; 1 am nm cert tin whether i' was occu picii; because a gentlemau who had it went a.raj unknown to us; about quarter day. Dat was 111 story. The 5th story wai Dtggi tlypt?Mr. Vanlowor? , to take profile?nothing else On tkft 2d story, Mr. Charles Adams Vtmtelf o? ennied two rooms?the proprietor, >'.os. 21. ud 22 Next two rooms, No. 19 and 20k was not oceapie then, but occupied now No. 13 was not occupied. No* 16 ao.l 17 was ocfnpi d by Mr. Sir- utn. < which his clerks;'.We druggists used to make tu rooms to eccutvy as bed rooms, to dress themstlve the druggists down. Nos. 15and It, arc rooms where we occupy ou selves. No. 13 was occupied by Mr Kemble, ministu drawer; he don't lodge there Next No, 24?It was occupied by Mr. Hamlin, large room, the size that occupies tour small ronr on th; other side, as a picture room for i xlnl tion The t-eeend a ory No 7 and 8. I am not certa it wo? AriMtn pH ih?n it iu nnt noui: thpv a o the n?ht hand of the p image way, and the rig hand of the ttaim, on the teennd atory :Vthey are the name aide at Mr. Wheeler** room, .ind h tweea it and the ?tiir*. No. 9 win occupied hy Mr. Celt No 10 wat occupied hy Mr. Wheeler. On the oiher tide nat * large r nm which uted be nccuiiied hy Mr. Br.'.ckett, tculptor-a lar mom. No. 11, in September it wai occupied the *clf anrue gentleman that ha* it now, Mr. ( good,a portra.t drawer. No. 12 wat occupied by Or. Arnoux, a Fren doctor ^ Next i* No. 1, occupied by Mr. Van Bryck?h ki | a portrait drawer nlao. Th?re it two other r.iom* dirided by a foldi door like Wh*eler'? which i* aecupied by A I Barker, a portrait drawer alio. ) Not 4,.) and (1 art oecepied by a Dr. Brand t t h;? family: he ha* three rooaa*: Dr. Biand hat 1 ly a wife and a woman eereaat. 1 Whitipo?Any more rovn? 1 1 Wiraa**?That c!o*e* the wbelo couoerr I E NE1 N1 room* io the hou-* 1 had any '.iking to do with. Bv Seld ax?There wer,; (WO doort between the stairway and the door of Mr. Colt, on the lower side; ou tha r/thcr side Tif that hall, there are but two door* from the. stairs to Broadway. There used to be but one large room, occupied by Dr. Arnoux?he had it divided. Mr. Osgood's door if opposite Wheeler's. Theotherdaor in m ist opposite No 7; the next door to the stair*. The Apollo Koom is general exhibition room to rectivc visiters who pay to see picture*. It was so in September. But they have removed their picture!. It was generally lighted up at night except onjnnpleasant weather?when no likely visiters? no encouragement. But other times open 10 o'clock in the morning to ltt o'clock at night. 1 raise up the window* in the hall and passage when 1 sweep in the morning, and leave them up in warm weather till 11 at night, when I put the latch down. When there is no lire called for, gentlemen generally take charge of their own room. When the windows of the hall are epen there is considerable draught. I had charge of no rooms in September Mr. Slocum's druggist's store; there is a large door open iuto Broadway ?another large door open into Chamber street, and a door at bask of the store open into the main honse?into the passage way; this last is all thick boarded doorno g'ass in it. Mr. Slocum's establishment is a great resort in summer season. It was warm weather 1 frequently see great many people go in i no. c. i iimi mnrcor icsi mi com wcsincr nop it. I' clone! week day at 11 o'clock, and Sunday evemeg it close- at 10 o'clock. In the warm weather t':e druggist's large door* are generally left open About September Slocum's beys did not open that store so early as present person oocupy it now.? They used to open it about 7 o'clock in summer ? between 7 and 8 Could not tell when Slocuin left? it was business a little out of iny reach. He staid till October I never spoke to Mr. Celt on morning of ISth Sept. Me nerer spoke to me but one word all time he there, and that was to ask me for key of priry. I told bias Mr. Wheeler had key answer for him both That was all the one won! 1 ever spoke lo hnn. I was always in the habit to keep <ny bound, and only speak as I spoke to him It whs a luinute or two I'rciu the time I saw lis box tid Mr. Cc.h came up to i\ I first saw the box as I turu'd the bottom of the flight of stairfrom tbe third story. The ttairw.iy is not spiral like a cork?cr w. Mr- Smdbx asked witness if the stairway fr>in second to third story did not jro in a revetse direction 'romthc first flight if stairs from the street to the firs landing 1 The witness was a good deal puzzled, and could not explain hitus, If lor some time, cxerpt by saying this : VVlTSMt?There is a bannister on the right all the way ; and as you ?) up the second (light of stairs, you ^o higher and higher every step? (laughter.) 1 acre ?ras a ftreai aeai 01 iociimi anu unncvi*ary delay occasioned her? by tho counsel not informing them-wives of tbs state of the stairway before they came into court. And the tiresome repetitious of the same que tions about the relative situ ttinn of tho second and third flight of t-tairs, were very si lly. Wi ruts?.?Neither flight ef staiis extend he3* ntl the s.mth line of the nail, that runs parallel with Chambers street; or the north line of Colt's room. When 1 first saw the bux, 1 was just turning from the ihi.d story stairs; at the elbow on the 2nd story ; the box was at the head of the last flight of stairs leading to the 1st floor ; it was just closeto the railing. I went up stairs to the 3rd story between that time and the time when 1 next saw the box, I did not go down stairs ia that interval ; the person who moved the box down stairs was nearer to the bannister than he was tothe wall; the bott was near the banister when he started it; 1 was then standing in the entry of the second story Coming to swsep the stairs down from the second to the 1st story; it was four o'clock in the afternoon c.f 17th of September that Wheeler came te my room; h? staid two or three minutes talking; he and I staid t> or 8 minutes at Colt's door; 1 made ao attempt to look through the key bole of Colt's door; 1 did not put my eye to the kay hole. I made no attempt to enter that room; 1 did noteven take hold of the handla of the door. Mr. Wheel-r did not cvea take hold of tha handle of the door; whan it was warm, the druggist below had the door from his store to tho baUttnen. t<> frgtrttknihg; Ate ifia to prepare Mr. \\ heeler tea; I don't recollect she went; I did net go to Mr. Wheeler's room that afternoon at all?I just come at his door, and asked if tie beard any thing; he told me, " No?all was quiet." This last time it was light; I would suppose it to be ab ut ive o clock; I then saw Mr. Seignette at the door ef Mr. Wheeler's room; I do not recollect seeing Seig nctte before that time at WheeUr's room; there might be others there, for I only stood at one sulo of the dnor; I don't light the lampein the hall; Mi*. Whet it-r always ngni iuc iuuj|>> i*., ui?>v?v. ., ? for theother light in the ha.ll, Mr. Ridaer (exhibition rooms, 4th story) bad a maa which used to attend to that themselves; Ridaer, or some one in his employ attends to all the lights in the hall; there is gas pines fr-m the street; the hall is always lighted with gas, except when the weather is unpleasant, and no company expected. Mr. Wheelrrhas a lamp lighted against the wall by his door, which he attends to himself I do not recobect if th- hall was lighted that night; the gas lights from the 2d story t<> the 4th; the light is in the entry about the centre of tne last Step; it projects from the wall ; they were usual lit up hi night; sometimes they run the r> nturc; it was not ray place to attend to tUe l.ghting of these; the rest of the building on the first fl.>or not occupied by the druggist's store, is occupied by three stores, and a basement abouitho size of the store; they can go from their basement to the yard, and fiorn the >ard up the otherstairs into the main entranoe, and so out into Chambers' street; these stores were then occupied; there is a pump clase by the frontdoor in Chambers'street, and also a cistern in the yard; that's how we supply ourselves with water ; the privies in the bach yard are detached from fhe main building. There is but one door from the naatii !'.:!! An tf;? first floor to the back yard, except the respective doors from the three stores to the yard. There are also two other doors in the basement, which was last year occupied as a victualling establishment There were but six separate privies in that back yard. They were distributed eraong the different tenants of that building; keys were generally given' to each gentleman that hired the rooms : anil several gentlemen had to go to [ nnt place, Imcaute ins si* |in?ic? wmu t afford to accommodate one each for an many ; . one of tho offic rs has recently called for tho key ; and examined that privy ; 1 liat is the ollicertberc ; i (pointingto Kelyea) ; the key I gave to tho officer was the one that opened the privy belonging to, or used by Wheeler; some keys opened several flrtfifs; there were two or three men with the officer; it was ten or eleven o'elook at night; it was a month or six weak* ago. Mr. Adams gave me Y permission to give the officer the key ; I saw noli t',ing they did ; the same offi er returned me the k?y ; there has been no fur'her inspection of that privy. By " iiniso ?The pump in the street is twclvi .. or thi:tion feet from the main door ; there is : pump to the cistc n in the yard ; I was not prescn (| when the privy was examined ; the floor had beei broken ip; tbie ""-'at had been so broken that Wi had to call a carpenter to make a new one. to By ?;i.iiO ? ?I always closed the back door a o night; sometimes at 10 or 11 o'clock at night; neve ?, later. Ths back door is an iron door withe swing in- Iwh to it and is fastened frani inside. It ea r- bc^eas ly opened fr. m inside?but not easily fron - j -i'i,tin. bar has been so bent h !I?C Olltaiuo. i uVII|t rf prctiing fr m Ihe ou:?ide, that with'a knife yo can lift up the bar. Yon hare to >50 into into th a open air in going from the rnaiu building to the pri n* riee >i- By WniTifo?There i? a Hue in Colt'a room no fire place. in |{y ?tino*?Thia flueiafmra 10 to 18 feet hig on from the floor, ht Skldok?That'* all, air. on Hi'-ii\*r> I>ah?t<.xt>*'<I.?la 3-t year* old. Am *- carman, lire at 272 Nineteenth atreet. I knO' .loi.n C Colt, lb' prisoner at the bar. I firat ?*( Colt at ab' titOOor 14X1 on Chamber* ?treef, therigl hand side of tho way. I came down Hndton atree to to Chamber* *1reet?left home quarter to nitu ge About Church atreet, in Chamber* atreet, 1 aaw by man *tanding on the South aide-walk by Ihe cur1 )*- ?lone, a* if looking for anme body. He a*ked a if I wii engaged and I aaid not particularly I! ch (topped into the atreet to me. I a*k<d him wh he wanted?he aaid to take a box to Maiden Ian ] said at my butinet* lay that way, I'd take it. told hint I would take it I drore up the atreei og ho followed ; and croaacd orer to the north aid lr. I drore paaaed the door of the granite bnil we.nt naat it and than beckon* knd me into the door of the granite baildinir', ? if "ii- ?ay the box wm there. T here was a ?prinp n *t?od ?idevrara n front of tha door: I backed i in front diagonally, as near a* I roald pet to tl i of di>or? that I (Ae grnWrrkin nMing Iftnt UhM brthon W YO ?W YORK SATURDAY ] I to rrv Uu it. (PolNTiaa TO ( oi.t.Y H? utrI iiitn It* building: he hud got up three or four tteps of the first stair* ay as I went into the door: he then pointed to the hoc. [Diagram shewn to witness, and he described it as standing where Delaoce t-aid it stood J Mr. Colt did not say a wotd: the other carman who had the spring cart, took hold of one end of the box. and helpea me put it on the cart. Colt stood still an the stairs whilst I was doiug this: 1 went back tonsk what vessel it was to go on board of; lis said he didii'ljknow.the Dime of the vessel; he said the vessel was at the foot of Maiden Lane ; I tnen took a look at the man so as I'd kaow him again: 1 drove into Hroadway, down Hroadway to Maiden lane, down Maiden laue to the foot ot it: 1 looked back several times, to see if the man followed me, and he did when 1 got at the font of Maiden lane, 1 saw the box was marked ' New Orleans." I saw it was marked before, and I thought it was to go on board u packet or vessel going theie. 1 saw a sign up for New Orleans at foot of Maiden lane, and I stopped and saw him (Colt) close by and pointed to the sign to see if that was the vessel and he nodded; be was on the right side of Maiden lane Foiitrdown. This tvas the pier on the right hand side of Sluiden lane; the vessel was the Kalatnazen I backed up to the side ?f the pier, and shot the box oil' as I would a box of .sugar. Ho csmn up and paid me 2s 6.-1 in changs; he had said nothing to me at the time of asking me to take the box about the price, or I should have charged him 8 shillings; but 1 thought I should have more trouble to get the other sixpence out of him than it was worth. He said not a wnrJ ? me at the time he paid ms, ana I w<-nt uway about my business (Hi-re tlieAldrrmen left the bench for ashorttine.) .Mr. Bahstow continued?The mark en the box was on the upper side, as I placed it on the curt; so it was on the dock; 1 drove up Peck Slip as I left; 1 made no entry in any book, of the load; 1 never do; 1 next saw the prisoner before the coroner's jury, when he was fetched. Crotftrnmimd by i.nicit?I saw Colt two-thirds of the way down Chambers street, between Church -street and Broadway; it was from uine to half-past nine; he I) ckoned tome; not luterthan half-pttsl ninp; between the time I removed the oox Irom the to gettin ? to the vessel, was aa ordi narily fa-t; the person vvlie asked m* to take the box, followed me down to the pier; when there, I turned round, anil found liim cloie hr; he paid me, I and I Kft; mid nothing; 2<. <>J is the price for a common Ids i; that tvus nn nncominon load; I had never acen the prisoner before that time; and never 1 afterwards till 1 saw him before the corouer's inquest By WHiTiifO.?I nrxt saw the box in the ship tlie following Snndav week; I helped togetthebox out of the hold of the vessel; I worked hard to do it; 1 knew it as soon as I saw it in the hold, before it was taken out; it was opened between decks; it contained a dead body, a human bady; the box was then closed and put on a cart, and taken 1 presume to the dead house; I didn't see it at the dead hnu-e; the hox was down the forward hatch; it was down almost to the ground tier; nearly parallel to the forward hatch, as if it was part of the first cargo stowed; ihcy commence stowing a cargo forward, and work awny aft; it was taken out from the Kalamazoo; it was marked with blue ink; generally mark hnxss with black ink; I've no doubt, It was the same box 1 curled down. Hv Smuts?The box was brought up and put between decks. I did not go between decks before it wus opened; I did not stay till it was closed; the steush was so bad I could'nt stay The box was brought on to the upper deck, and put on the cart before I went away; 1 did not see any thing put into (he box when it was opened; it waa so fall it could hnld nntliimr - It urns nmrliiiS It . P. f*rnsi_ or something like it, care of De Gross or something, New Orleans. Ry I left the box there; the chief mate ef the ves&el stood on the deck by the cargo; I think I saw Colt advance towards him, and I think the mate said something about a receipt, fho mate was the same mate that afterwards overhauled the cargo and helped get the box out. Tiiom\? Kussbll?is 29 years old ; a carman ; live at 213, Seventeenth street- On 18th September 1 called at usual place of employment from three to .half-past nine, a' Granite BuilJings; my employer was John P. Ridner. I waited at the door ; drove nsy horse len^thways^ . -og-.tlw easiesf ?o\elp to put the box on the cart, than to un ic my horse; that's the gentleman there (pointiug to Colt); whilst we were loading the box, that gentleman stood on the lower flight of stairs, apparently unconcerned about the box; he said nothing all the time; the hex stood oa the end, mark towards the druggist's door; there was a large G on it; we put it on the cart, the marked side previous. Oa Saturday the 20 h 1 went to the Mayor's office; he told me the I iravi. him a de crintien of the box as near as 1 could, and 1 went jn search of the he jc and cart. ] did'nt know the carman, but knew hu horse: I found him that night. We all went to the Mayor, and then were told to go to the '>11> Kalamazoo; we went; saw the mate; staid till 9 at night; wsnt to the Mayor's oftiee; told to go to the ship next morning at 9. The agent ol the ship leoked at his bills of lading, and found a receipt was given for every thing but that box, bat the dimensions of the box he had. We then searched the forward hold, and the other carman p.tinted out the box from its size, before we could get hold of it. We got out of the hold; (s.iw tlie bo\ brought upto the between decks, and opened; 1 saw some cloths; awning 1 suppose It was. 'J'he stench was so great 1 could not stay, and went an the upper deck I saw it no more till the box was hoisted to the upper deck. 1 did not see it put on the cart, nor on the dock; I kept baoi on account of the stench; 1 did not see if there was a b tdy in the box. Cross txamintil? I war on the upper deck five or ten roi'iutcs before the box was brought up. Some nne^aslccd the Mayor lor some money to go and gel sninc chloride of lime to throw into the b"X. 1 think it was a hand on board of the vessel that asked the Mayor; 1 did not see any body ge for the - 11 14 ? 1?*? ? ? '< hair.nast itin# when time. 11 was ui'iwccii ititic iuu koii |? the box Wu* taken from th- Granite Buildings. There wm then a man named Walker with me; he mi in the employ oI >Ir Bedding, the agent of the Apollo Aiiociation. 1 had been employed for some weeks collecting pictures foi the Association. By Wiiitixo?I bail frequently icen Mr. Colt before at tho?c buildtrgs. 1 knew his person very well, passing in or ont. By Skid?:x ?My cart had been tkerc about five minutes that morning before Colt and the cart came up to the door. Wm. F. Goorttrv.? Is superindrnt tarts.? On FriJay, Scot 2-lth, 1 was at the *<igynr's office. 1 he Mnyor told me there was \ oox missing from the corner of HraJw.iy au<i Chambers street; ho thought some carman ha'i taken it away. He asked me to co to work and lind who took it. 1 looked at mv lis'>>f carmen who lised that side ol th? town. I found that Mr. Russell was there the Hth of September. I ashed him if he had taken a box away that day. Vie said he h id not. I asked if he saw anv ai'.e else take a hex away ; he said lie , hadn't Ne\t day ( brought him before the May' or' and he recollected, and described the horse; we went to Peek slip and found the cart and horse of Mr Barstow. lie went with us to the Mayor 1 and said he had taken a box to tho ship Kalamamoo 1 from the granite buildings; he described the box. ... . ? I-"--a ?k. k'?l ma/on on that night; W t? W CN1 "11 U'mu %HV --- I Mayor arut me to see the ajjent at Brooklyn; r hr ?ave n? permission to take out the cartoon Sunday morning; we went down and 'look out the n earito; saw n box in the fore hold bottom tide ?p, n and Baratow pointed to it, and -Mid that was the y box hr brought o? board the ship The box II wai lifted out between decks, np< ned, the awn ,e iig turned efT, and there wn* the dead bo'* dy of a man in it. Them wa? a rope round the neck, and drawn round the le?a ao aa ti > draw ihe h ad down between the kneea; the face.waa ui> toward* the marked lid i>fthe boxjtherc a was a sear on the forehead; the body had a shir oq, tore h :lf way down; It waa like a brd corf rope; I examined tbe breast and I thought thrrr xra a till on the In of the hody; I said ao then, and m jtidjjed SO ainrr?th'U mm my opinion th-U it teal to! " on the ho ly. The first mate put some chloride o " lime on the box or hody and it waa boxed up then helprd put it on the cart ; I drove it up t B- the He ill house, rim) helped put it in the deai honse; thrrr waa eo other box or body in the dew b house at that time. I aaw ? doctor examining th > body; I had been to the Mavor and returned: I sat - - - - -- * -? -?? ? u.. i ... If5 i>Ir< A'lmrm tnrrt tnur snernnuii, hhu mn. un..< t It was Sunday ^cp' "Jfifh. The h-a wan raarkt " R. P. Gross, St. Louis, care of l)c Gray St Co I New Orleans." 1 ! Cross-examined ?Don't recollect making a het i " to the result of thia prosecution; I said if I wa?n rt* a witness I might; don't r> eolleet for what; sr 'd were all talking aboat this affair; there was nh to talkrd about; I waa talking with Mr. Kallon; rt didn't "flVr to bet; I said '* if I wasn't a w torse, n, after thia waa all orcr: I made no offer of bettm be with any one about this transaction; Mr. Kallo td proposed betting use a hat that the msa would g RE B MORNING, JANUARY 2 I clear; I didn't take up the nlkr; I fint law tint mate With (lie chloride of lime? he wan unrinklinir it on the box; might have been before the lid wai closed; it wan about fifteen minute* after it wag

opened before it W is closed; th-re was something like rait on the breast; it looked like as if it was part dissolved; that was the only place that I took notice of; it had net all rono away; it was in the state of a fluid, like; the breast Was green, mortified; live seen salt on beef when nearly dissolved and this looked just like that; I saw something like small grains; it was scattered about all over the breast; it appeared to tne as though there had been salt put on the body when it was killed or murdered, or whatever else you call it. I noticed th" breast particularly: the shirt was Open or tore down to here (the naval) aad open so w idc as I could see the ribs: I afterward* saw the whole body ;u the dead house; I've seen several bodies that had been mortified, and this looked like them, ooly a little more of a greenish cast: the shirt was palled oil' it by Mr. Miliiken, the deputy coroner: I was in and out while thedector was examining the body: j>aid not much attention to it at that time: in the first place the body taken out of the box, and a person washed him oil': then next I sc ' was th'- duct r at work at him: the man was pa d jjfi for washing bun off: it was one of the paupers at the ulms house; frous the time the cover waa taken off till I went up to get the carman, was about ten minute*: it was half an hour from the time it was taken out of the lioltl till it was put on the upper d?-ck: 1 never saw any of the parties connected wi'h ih-.s t-.f.*?. jJ-y -u. -W-d.piity coroner took the cnuvass oil the body. ivir. Miliiken: 1 told Mr. Miliiken that I thought it was Milt on the body, an ire \ver*? o|??itiug it lucre were ik- vera! present: after the box was opened, and the II I off, no I the awnu g off, there were not so many present; the Coroner and .Mayor were there when we begun to it: but when we got the lid open twe or three inches, they made away up the stairs: they commenced taking the body out before! left the dead house; wh n I returned, the same body and the sjiu.; persons were there with it; when J went up the hatchway I left Mr. Millikcn with it; we tenk the bo )y bnck aft, under the after or centre hatch, to gi t more light: we laid it down on the starbonrd *idu of the. sh.p: the centre hatchway on the second deck wasclo??d: the b?x was about fire or six feet fro u the hatchway- aft of it: I think there was only half the hatchway ef the upper deck open, anil the box could not be seeu finin the uup-r deck but b getting on yourkuces: on the upper deck the fore hatch ami aft batch wa- open, and half of the centre hatch was closed [Afterwards the conns 1 confused the witness s<? a-to admit the centre hatch was entirely closed, and only half the after hutch open.] I sat on the box part way to the dead lious': therewasac othon it,mid the carman Dr. Devoc's caat,on it; the carpenter of the ship, I think, was sent by the captain of the vessel to open the box. Ily Whitiisq ?Fallon, keeper of the City Prison offered to bet with me. 11c knew I had been en caged in getting the body Jr'e /mil ocean* of ujtjdication*?u thuu.'uml after me to bet money, hate and every thing about thL<; whether tluy were sent to me or not, I can't UU. By SEiucti?I did not know Colt wa< arrested till that Saturday before we found the body. On the Friday before the Mayor dij not mention Mr. Colt's name to nie. The. witness subsequently named Mr. Kipland, and a man in Bank street, who had otiered to bet wi.h him. [The Court adjournedjat 3 to I o'clock.] Afternoon Houlon. John S. Elwell.?Resides in Brooklyn is agent for ship Kalamazoo; she belongs to A & B. Kiugsland, aud Capt. Skerrin. tibt sailed for New Orleans about the lit ol October; we advertised her to tail under a freight; she sailed at a transient ship; it was expected she'd sail about the 2<)th of September; she commenced taking in cargo in August. She laid at the end of the pier at first time of talking in cargo, then drew up ta the end of the dock. VYtn. L Coflin wae chief mate; he went to New Orleans to j in bis ship and weut with her to Europe. On Saturday morning, Sept. l.Sih, I went on the dock to see ufter the cargo; at first the box before mentioned was not there; I was on board, and saw the mate writing a reeoipt, and told him it was not correct; he merely put the uaaiea SSfl VffffTfWwpl- w stitue-mie f not see wh >. When the carman came tifterwards and told me what wa on the di<ck at the time.l remembered where the box was put. 1 never snw the receipt afterwards. 1 sua- the box taken out; there waa a human body in it. Cro?ii-fluminal?The mite signed the receipt; a pencil receipt is not a bill of lading?not lawful; 1 was at the Mayor's oflico at H o'clock that morning; one half the cargo was in the ship when that box was hronght. Ihe captain was present that Sunday; the male left after his testimony had been taken before you and some other lawyers: the vessel has but two decks; in this case the fore hatch and the main hatch was not fastened down, when the box was rem >ved; the box was taken out of the fore hatch on the lower deck, and out of the main hatch on the upper deck; a house was built over the fore hatch, with doors on each side; 1 think the after hatch was open that Sunday; there was asofiicient lieht came in the fore hatch to tee to - ? a_ a-~l- ~ il* ? 1 1 *L. go down; 1 tnink me mate ink uiim >uc the gondii taken o?t were put on the between deck*; when they were aboutopening the box,there was ueh an effluvia from it that I had to go on the upper deck: I looked over the main hatch on the upper deck, and saw a body in it; I left the vestal before the box was brought upon the main deck; can't say bow loig a time elapsed while the box was being opened and tnken out; there were many persons present; alter the box was removed, 1 don't know what bccaiaa olit By a Juror ?The receipt, I don't know whether it had the name of (he person from whom the hex was received. I know of no such house as De Gray in New Orleans, nor no tuch house as K P. Gross in St. Louis II- rc the testimony of the mate in writing was read a? follow! :? D? vositios of tiik Matvoi thf Kalamazoo. City isd Cii'xtv or New Voaa, si. ? Wili.iam L. Coi fis, being duly sworn, says, thai ho is a mariner, ami was mato ot the ship Kalainaaoo of tliu City of New York, for several month* i nin. Jintely preceding the fourth day of October, IH4I, and until said time. Th'.t on Mic eight. < 11th day of September, 1841, said 'VipKiiamasoo, wa* lying at Put nnmher eig!jto?- th.. jra,t River at tald city ; in ) on Up; ,.igh',PPnth day ol Siptcm'i. r. c^^ aurlri^ lh- iorenson 01 said day, a ho* Was to -ill ship on a cart, !>y acartmun, who?e B'Tie deponent did not then know, b t whoso named.: I ponent has linCaascettuiued wa* Usrstowjand deponent say* that he saw laidil nstow 0* hoard of said ship Kalamaroo. on the twenty-fifth day of September, let11, in company with Robert fi. Morris, Ksrpiire, and Robert Tay lor, and also law said Uaistow at the dead house in the Paik, in said city ,011 thetwenty-sixth day ol September, 1HU, and deponent is certain that (aid Uaistow is the man who carted said box to said ship. Deponent further say s, that there was 11 m in in company with said B irrtow. when h? l"ft the said box at laid ship, but deponent did not know who the man was. l)e|K>neat further aly ?, that on the twenty sixth day of Hept,until r. 1811. John Colt was pointed out to him it the Alms House Commissioners' olfic.e in said city,and deponent then had a slight r.'collection of Ms face, or thought ho had icon him it laid ship, but cannot lay on what day, uor can deponent lay positively that lie ever - -AJ i.?f?r? 1.1, win minted out to lurn on ?n I :6 li Jay of liptoabw. Deponent futthnr says,that said hox wan marked " K l\ Gross, 8t. I.ouis, care of I)e Gray k. i;?. New Orleant," and km no murked before it w a* brought to laid skip, and was marked w ith a blue or gieen substance, v. hich wan not paint. Doponent further *?y?, that at the time aaij box was brought to aai J ship, U punant gave. a receipt for said box to the man who was in company with a.tid It.unit ow-, but deponent cannot say whether said Barstow was prvsent when said receipt was given :o said man or nol, but John P. Kl well was then ptesent. j Deponent further Fays that within five minute* after ( said !>ox was lett it said ship as above stated, said hox was taken on board of sai I ship, and immediately stow ed away in the lower hold foru ai t. And deponent fuither sava, that said ho* was not opened nor partly opened, 1 from the ti no it w.u? brought to said ship until It was I stow ed awaj as abore at >ti d, nor was any thing done to, ? or with said box or its contents, except to stow the bo* | atvay. And deponent further spy#, that as a-ton as said if box was stowe,I aw ay, other packages, large and small c were immediately stowed 011 and around said hox : and on the same day on w hich said hox was stowed away ar above stated. p.irkAgi s w err stowed several feet aft of " said hox, and stowed up close to the upper deck. And ' deponent forthor says, that from the time said bo* was :1 received on board said ship as above statu.1, dr jtotierit c was on lioard sa.d ship day and night until and during f the twenty-sixth day of Bepliruber, 1841 ; anddeponent is positive that said box nor its contents were not seen or touched from tin-tint" it was stowed away as above .. . ?..,u .1.,, ?f a?nl?nli? u 'tut. (I, until lh" ?'I1 ... > when it w a? hoiati'd nut ni tbo hold ol i*i I uhlp und?r thr direction of n"'"''t II. Morria, K?q. Mayor of .ail i* Jo? lc Rnwri Tljlor. And deponent further '| ?aj ?. that after aai.l ho* wa* lioiMed out of the hoi.' c above atat-d. J box wn* opened j deponent di?l * j it opened, tint ?aw it open on the lotrer deck e' -?ot ?e , on ?ai I twenty ?ixth day of September, he- id ahl ,, and twelve o'rlock in the motninic, a- .ween rleve man putting eloth in e?jd bo*, but -a fdeponent ??< K to aai I lio* to ?ee what w*a |n J( ? ' ""exponent did nut g o bo* w-iagreat and made d. po.mnt '?>? atncrh from U o Vvponent farther aar?, (hater ?hrk. / , .urn " uot ?u taken fro pf - /IK- !' r I vwO..,. 1 E it A 2. 1342. the said ?lup bit lh? said twenty-sixth Jay ol 8<|-umbei ami placed on a cart, and d< puntuit a'terwards, and 01 tin- same day. saw and l-ox in the dt-ad house in the Park and deponent is poutito tiiatihe box tekeu from san tbip, and which he taw in the dead house, na ahave sta ted, is the tame hoxttiRt w as taken to said ship Kalanm TOO. on the eiirhteenlli .!nv of S.hleitiliep IHJI n. -t state.!; and deponeiu further rajs that helore aai.l b#j ?'?> tuken from (aid ship, ami while it wa? bctwe.i .leeks, deponent threw a quantity ol chloride of lime 01 said|hox. WM. L. COFFIN. Sworn to this I Ithblsy of Octotn-r. 1811. before rue, Itohkkt Trruii, Special Justice in and for the citg of New York. The above deposition having been taken under an or drr of this court, that the ?umo be an taken at a condi tion to thepostponemcut of the cauie, all objections t< its being read on the trial, on the ground of ita having been iivout to before Justice Taylor, la waived,lint th< sumc is taken, suhji ct to all other legal objections, 1 h? vin(f attended the examination on behalf ot the prisoner and waived the necessity of taking the same in his per sonul presence. R. KMMKT, of counsel for prisoner. Mr Drr. rosr recalled?The night 1 went to sleep in Wheeler'* room I had a lump burning, it trie put out when I retired: the light was burning all the time the person was absent from Colt's room ?for ha was only absent three or four minutes: I laid down alter the return of the person to the room: the light from that room could be seen in the atrcer, utiiese the shutters were shut: they were not shut when the transparencies were placed in 'he windows. 1_Jjy Sclpet.?When Hocked the doorthat night, aation with Mr. Wheel, i about the lockfng or the door: it would sound as if he locked it, but wu* not dene to create iliat impression; 1 think Seignette had keen taking lesons from one to three weeks before that day ; think 1 saw his writing in day and ledger, and he, too, there before that day: ihe lamp was stationary on the desk fronting Hroadw.ty: it wiii a spirit lamp, large, with a three or four inch burning surface, and gave a gre it light: 1 saw no one there the next morning when I saw the box: Mr. Osgood still lives in the building. Bv Wiitrisvu ? ihc lamp oh me uem wai ncarto the Chambers street front to the fue place. By Seldix.?The desk,i t was on was the one Seicnett was sitting on. Mii.i.ikin ?Is deputy Coroner On Sunday, 2iith September, I was informed this box had been found on board ship Kalamazoo, at the loot of Maiden lane: I went down on hoard the ship and found the Mayor, magistrates, and several officers, hoisting aut goods from lower to seeond deck. After an hour or an hour and a half, the box was hoisted out on to the second deck : this box was marked? R. P. Gross, New Orleans, Care of Dc Gray it Co. St. Louia. The carpenter of the ship opened the box. When we lifted the lid the stanch was so great that all went on deck except the. coroner, myself, Mr. God frey and the carpenter of the ship Ou taking off the cloths off the body, 1 diseoveitd pi while sub stance, which I took to be common table salt: Jinr salt; there were two qxuirts of it: there were worms in amongst it and very offensive The coroner then sent for chloride of lime, which was thrown into the box; it was closed up, hoisted out, put on a cait, taken to the dead house, aid I locked flic door and kept the key I was present when the box was opened and helped take the body out; I found a dress cost in the box much cut to pieces, j t ??i- * ? l- ...? r.a?? . ?,i ? : u ui 1 ana h duh ikick uui uo,cu nuu nu?u and buckled behind. Thcte was a quantity of mattine?two piec a?step matting, 1H inches wide; and a quantity of oakum ia with the cloths; the coat and'stock was under the body; there was a cord round the knees and they were drawn nearly over the neck; a shirt was on the body; no other clothing As I unfolded the cloths 1 could have taken handfullsof this salt among the folds of the cloth". After this there wds so much chloride of lime thrown ia that 1 could not see the salt so well; Drs. Oilman and Kissam opened the body; a ring was on the finger o' the left hand; the coroner took it. The coat was like a new coat that bad been rut fromadead body; I'm doing this thing erery day myself,and it had iknt appearance; 1 shnwrd'M r>. Adams the coat and ?t"?W li?n tnktn from Witness ? I think Rixsuui and Oilman . body before It w?. r?,lfri tko boX."F* strings were cut. Ctot*-ex<nnin*d ?Went board that ship between 11 and 12; 1 was down among the boxes ; did not remain there iu the bold till the box was found; was on the second deck when the box was found; the corerof it was two piece*; they were not dove tailed; there were ne cross pieces oc the top or belnw the carpenter used a chisel and mallet to remove the lid ; he morcd the boards, and with ray hands I took it off; it was nailed r. ry taught ^ ihe salt wan ontnciop m iu? ,u? (he mil; a* I lifted the mil oil (lie body, (he salt fel linside; I just took my thmnb and finger hold of it, and raissd it up; I aw the breast ?fthe body; there was a fluid in the sail; the :ail was damp; this salt was not green; it was rather a dark color; this snhstsnoc was in the centre of the body; it night have been seatt- red all over; the wrapping W is under the body, and one side passed over the body, and the other side passed over that; there was a place sunk down in the middle of the body; when I took the first wrapper off, I think that substance (the silt) was on the under wrapper; no thing was retn ived from the box till it was taken to the dead-hotise I scattered soma chloride of lime, and the coroner alto assisted. Nothing was done hut to uurol the cloths and look at th? W.J v, and throw the clothes over the body. The articles in that box I cansed afterw?.;us partially to be e'eansed, so as to take away the smell and preserve them; I've seen these articles since; I've not seen that article of oakum; don't know whether it was eakum or swmgletoe. Saw the breasts of that body after it was at the dead-house; did not particularly notice it before; dots not recoil, ct Godfrey called my attention to that in the dcad-hon.?c. Restored the clothes back ngan over the body #2 worth of chloride of lime, or a peck of it w is use^. Theie was about 2 quata of that sub 'ieCC?(salt) in the box; ccrta nly more than a ijiiart. The phy'* were at the dead h'-m-c hefore the body was taken out of the box ; and I think before I took any thing out I .-elected the jury from the people before ttie dead house They were empaunelled hut not sworn h fore the dead house re opened. I don't t uik I raent.onid the finding this substance t i the doctor?. I was so occupied with other things. I was present when the oody was washed and cleansed. _ An Iri-btnar named John did it At the cleansing the doctori were present an I,some of the officers Pr.Kis-atm Dr. ( njman, the Co,oner and one or two vouni physicians were present at examination of the 0->dy Officers Smith and Stokcly were present. I mm tinned to the Cor ner I thought there wa? salt in tin b'ix; this was while the body was in the dco.d house. When I saw you (to Kelden) 2 or 3 weeks after this t iol,l una | Wlt4 n()t aaita certain it was salt; but I never ?aid it wm only a pint ; I might nave three pints; 1 first mnr the oakum in the ho* in the dead houae; the whole of ihe box ha* been preserved; I think the side* and bottom of the ho* were in tern nicer*; the lensth w?? 'J fe> t ti inches, the depth and width about if led > inches; t hp a toe t was cut n-tindor in (rent, and I he buckle remained fastened ; the stork was m the box, rolled up ir the c?a', under the body; I saw no woundi on the body, but on the head; the faco waa upper moat when the box wn? opraed ; I aided in takin the body out of the box; th" body and sailcloth and oakum and matting all came out toge her; th lower part of the box, tho eoat, iVr.a u n t ver wet; the b dy was iu a rapid progress of lit cay ; decomposition had gono oa very far can't tell whether tho tow or the oakur was at the bottom or the sides of the box: then was not much dampness where the coat w as; don' know whether we threw to the chl rideftf Up |,< forewe threw the cloths back, or not: I th nk i was after we threw then hack the body sr*. no disturbed in i s position in the ship whan wt ? eU.k T?n t.he. ?<lRt,^r7, 1 ' *'">',nw.nir th Cloths off it: the cloths being dar.n ihe chli ride of hme stuck on them: the r'otk? wrrn Hr - ? K.t, ? n( . mm an mr.?v f ?th? that waa round rlac ,,niu V" part of the cloth, wher iBodrw?i d,,rnP: ?b eletlie* could not tone* / 1 ,aw ,h' n th? hody via in: jf 'be bony, from theponifir moved the elott ,he ,,e:l<' home, whan *c r that pert tb- -'* chloride of lime fell of fro' well ft lie -c wa* dry: the body and cloths preti the h -?i the box; when we took the hody out f, .<?* I dida't look to nee any ot fhia nnateril -alt] and don't recollect ceeiny it there: did in look particularly lar it; come two or three daya a ter the body via found, t'ie article* ware e|ran>ei * a young man named Warner, an apothecary, did i {J I ?aw thia done myself: the body ava? aot, j thin* m returned to the h t after the examination; the ar u elea t iken ent of l he box were returned to the hi next day : all thr.e *rra e .rried ap to thai '[ on.V I looked toil myself K I). Warner ia the apoll n ca y: km weat to Iba m|] and thraw aoroe liquid I, I X j Prtoo Two CiiiU ', tfce clothes, and then lu.i.e w<itt mi jhn v on 1 them: the liquid, 1 think, wui solution ?f chloride #f" lime and viti iol water: there were 2 ur :t hottlee 1 of it; the cloths were put on the tloorof tb< relic * and the liquid thrown in ou tbem: alter two c r inree e day* the smell became less oilensive, but it | rtvi ty bad now: those article* were never taken > .t eT i the cell to be dried: I once hauled them just titside i the cell. Here the District Attorney directed Mr Millvkeu to hiing the box and coat and stock anil all to the Court room to night. Wr. MiLlui:s said he could not gel.trr.u to. nieht. JOooc Ke?r said thut a* the box, &c., war v? ry ' offensive he wished tlieni to be esagiiaed tin last j thine to night ; that we tairht adjourn imnieiataly after, and have the roern vetitilatr d. Mr. Wwtiho said, that if the whole box was brought ia, it wouht make every bodv sick The Court directed Mr. Milliken to bring the lid of lite box to court about nine o'clock , By Wiiituhi ?The surgeon made ; n externnl examination of the body before it was washi d ; and then made a post mortem exnminntion of it By a JuaoH ?The cloth round the body * ; * ikm old awning ; the white substance was not like the namt. drieil Ihul ! i>a< -- f" "" """"'gs, and to rolled ofl or ereuibled oil 1 think not Uobkkt 11 Morris rxaminrtl.? In Mayor >f the city. On Thursday, (tiic 2.{d of Sept )"l va h ,t spoken to in relation to thin matter; on that ereninc "iter a statement had been mudo to me about sciuetfithr, wavr writs tn kr rtri jrfv vr R-ctfiiiitu in? and wife, and spoke to thr u ; next day I associated Judge Taylor w ith me to make tho inrestigat ion; b? took down testimony of Iwo gentlemen I had aeea night before and others; and swore tlieiu to it; and on thog^ ufiiiiavits I biutd the wnrr nt tn arrest Mr Colt ; 1 thought best to go with thciw to arrest him; A M C. Smith and other etlicera went with me; Colt's door was locked; (her: was a slate on it saying Colt would be hack at two o'olack; an officer was at the foot of the stairs, another at the head; we and Justice layloradd I sat in Wheeler's room: we .-non heard persons walking in the entry, and found it was Mr Colt and the officers who had arrested hiiu ; I told Mr Colt who 1 was, and. we all went into his rooms and closed the doer ; 1 told him then he was arrrsted, on suspicion of causing the death of Adams; we searched him, and he assisted us in show ing us what he had with hiai ; 1 showed him the uilidanta, and he read them, to sec what he was charged with ; lie was taken to my office, Mr Nrlden sent for, and Colt wm committed ; that night I cent an advcrtisement to the pattern calling for the carman who took the box from the Granite Building* ; we found the carman through Mr. Godfrey, a* he stated next day, Saturday ; from that carman wo found he had taken the box to the allip Kalamazoo ; we went on board the (hip that night ; could not find the hook of the packages that night ; next day we found the bex ; I attainted in getting out the box myacll ; we teok it to the second dock, and 1 waa tlerewhra it was opened ; 1 was not sufficiently near to the box to see any aubetancc like ?alt, even if it had been there I saw the box sent to the dead house CriMK-rxaminrd ?Nothing wns said to me about the salt ou board the ship 1 waa scrutinizing the transaction with great. are, and seeking all the information I coulu get 'this box must have been the very lowest tier of boxes ; the box was bottom upwards down in the hold ; the direction part of the box?the lid?waa damp as if blued and matter had oozed through the ltd ?it waa wet ordump-moiaturc had oozed through the lid. Hy WitiTino ?We tried to lesrsi where Colt resided, to see if there sots any articles in his possession that would be evidence, for which Justice Taylor went to that residence to make search for any articles, whilst I remained at my office to see the carmrn. I was present at the police office when a certain trunk was opened fit the Upper Police, aad myself and Taylor only were present. 1*7 b'Einis.?The step* to find the body mid. box, and to find Colt's residence, went on simultaneously We learnt Colt's residence on Saturday morning About the middle of the day (Saturday) Justice TasIflJ ^?||\t^e4B flrd.JjA.WA?.4UColtis'tfcti the second carman to come nmi leu n* where he took the box. W e move! with /treat Jn; t lee' ' *' thiai; allowed the Major tome affidavits: a',','")1 rant waa iaaiicd; given to A. M C. Smith; we nil went to Colt's room; it was ten minutea to two; ten minutes after this, Colt came in; went to hi. room, and w is immediately arrested, and told it wan fur; I read the affidavits to him; in ei'P?rqurnee of what Colt aaid, I sent fur Mr Oeten, and examined hini under oath: Dr Chilton was ?n,t for, and apiece of the floor was cut out, und given to iii.n, and some spot- on the wnll were scraped into a paper, and given to Mr. I h.lton; we then ' went with Colt to the Mayor * < dice, and he waa requested to send for counsel. [Here the District Attorney proposed to show by Justice Taylor, whut Colt mid when the affidavit* were read, or shown to him ] Mr Si lui x objected to this cnnrsc. The Court said tba they could save time by calling attention to the law on this subject, proceeded to read the scclf'n- of tlie statute < n this point; and The District Attorxxy would not press thi. point now. Wit.s?s? rraminrd?On the Saturday morning, Mr. Samuel Colt cal rdon|uie, and told nie bis brother lived at 12.somestreet (thought it was Thomas street); he then said it wai near franklin square; however, from information he gave me, I found he lived at 42 Monroe street; 1 went there and ashed for Mrs Colt; was introduc- d to a woman as Mrs Colt; asked what rooms he ocru<*i'<i; and from a reress near the door she drew cut a trunk; 1 aiked her for Mr Colt'struuk; aha gave me his trunk. [Here the trunk was brought into Cour', and placed on th" table before the jury. It was a plain square black trunk, i.bout two feci six inches ioag, and 16 inches wide, and 16 inches deep. Mr- HriDE* objected to the introduction of the trunk, liecauae the statement-of a third pirfy did not msltc this trunk the property of Mr. Colt. Mr. Smith s-id they had a right to introduce theirtestimony when they pleased. Mr Sbi-okx said the trunk was not legal evidence a* yet; at the best it na rnly hearsay evidence, and ?va? m t admissible It must lie proved to be -eatimony in itself, brf re It c ni l be introduced in . vid nee It mud be proved to be Mr. Colt's trunk fir.-t What this woman *a><! to due tin- Pavlorcann I hettMtNtMumM peeplt , and the prisoner Judge Kkt sn d ?He should exclude the Oate! mrutH ?t thin woman; but rhall Ju tico Tajrloi ' show that he i;ot thin trunk from Mr. Colt's h-hi \ denee, and show what are the content* of that trio k. We shall allow him to do ao. Mr Kmmktt said there was nothing to connect t Mr Colt with 42 Monroe street as jet Mr. Whitino raid that i' they did not prova more than that thrj would let the t.-miik go for nothing Witness continnrd?'The trunk was tak n froaa ; 3d *tory?front room. Officer Denuiron was with mi! The female who drew it out went to the o([ fica with me Colt wa brought into the room, I and saw me and her. He r..old have aeen tho trunk , from the position in which he atood. 1 did not , apen it in hia presence. It is now as it waa then. I found aeveral books in it. One bad a name in it. There g ia more in the trunk now than then. [The trunk was here opened.] a he k witn a n.imo an it. taken p nnt, with J Caldwell Colt" write n on it Several y stereotype advertisement head* of "Colt's Hooh, keeping, on them?MHl catiie with " Colt's Hec . tnrea" on tin m n' Wirvni ?I took a wateh ftom the trunk?it i* in it. -i - - i.i j I Thf D-;.ntv Former here prouncru ? go.., >. Watch with a string <1 key attached to it. t WtT-.r?? ?Th it i? the watch I took out of tha i? ho*; the watrh passed ultimately to the hand* of rt the coroner, at t he Coronar inquest, e I'nmi rramirvii?first went ta Mr. White, v watehro ikrr in the }'< -vc rv. to see who made tb* y watch; he sent us to l>n ois, Fulton street; there we l.-anscd he hadturned the e so l?y an engine; he it sent m-to a watch case maker in J. ha street, for ir whom he made the watch; and he aent ua to Piatt >n Itrethera ; Chilton wa' in Colt's room with n* ; e- he acra|ie<i from th?- wall on the west aide in ef the ro"m, rather nearer the door than y the eontre of the room, and quite high of up ; at one tim- we ?t oil on a rhalr. The spot* il thera were larger than elsewhere; it wae aa higb ?t as a man * head. The spots were not eery large if- there. On the 2lMi of September the carpenter* J. cnt a piece out of the floor; it wae rlrht opposite I: the first folding door toward* the entry; it was oe k, th north east squirr of the room, if It wae divided >i inte four narte It wa* ten inch * lone and *ix >k.M "* iaehea wiili; ww took it u > tnerr ui?n? i?: w?? a darker *|>ot th n anywhere elaa. Thara waa >e- a pleaa between it and the wett waMtW looked ma M it bad bow a earabbed. From tha Majora oAa*