Evening Star Newspaper, July 7, 1857, Page 2

> EVENING STAR. WASHINGTON CITY: TUESDAY. eeeeesJuly 7, 1857. SPIRIT OF THE MORNING PRESS. The Union's “leader” this morning is of &reat interest and importance, insomuch as it elearly embraces the Administration’s exposi- tion of its position with reference to the points in the poliey of Governor Walker, of Kansas, to ‘which the recent Georgia and Mississippi Dem- ecratie State Conventions demurred so vehe- amently The article in question is poised in fxrellent temper, and embraces a showing that ‘will be likely to entirely stem the current of Southern popular feeling on this question, which has arisen, evidently, for the most part, 4rom temporary misapprehension of the facts Anvolved. The editor shows that in urging the submission of the constitution to the people in ‘their primary capacity, Gov. Walker is simply ‘urging adherence to the principle of popular Sovereignty as embraced in the Kansas-Nebras- ka act, to which every Southern supporter of the Democratic national ticket pledged himself in the late Presidential canvass. He also eon- tends that the President cannot countenance zny other course on the part of the Convention. Withont. in effeet. endorsing and throwing bim- telf upon the principle of the Republican party, which claims that the right tu choose institu- tions fur the new State rests not in the Aor voters thereof, but elsewhere He holds, f course, that no power on earth is competent to select those institutions under the law of the Vnited States and the principle of its Constitu- tion, than the people of Kansas, and throws him- self on the decision of the Supreme Court in the Dred Scott case to prove the correctness of his opinion on that point. His natural and proper conclusion from these strong premises is, that: though the contention may last for years longer, when finally settled, the institutions of the State of Kansas must and will be in accordance with the will ot its people; and, further, that there an exist no reasonable hope that the contro- versy will end until the question shall have been disposed of in that way, upon the question of the submission of the constitution to the peo- ple. After showing that, though not a sie qua vom in all eases, in this case it is absolutely necessary, in order to bring about a termination of the controversy, the editor disposes complete- ly of the bug-bear of submission, in the follow- ing paragraphs—that being the point on which the hallucination at the South bears : ** But who are the peopie’ What shall be the qualifications of a voter on the constitution when it comes to be submitted? We answer that this is for the Convention to settle. Those who think that the Convention might declate the constitu- tion in full force by virtue of their own will can hardly deny that they migat append to it a con- jon requiring it to he first approved by the peo- If they can do this they éan also say what elasses of persons shall be counted as being part of the people. The Convention that formed the Feder mstitution exercised this power when d it to their constituents, (the States.) prescribed that their approbation should be en or withheid by State Conventions. The Constitution of Virginia was submitted to the votes of men enfranchised by the Convention for the frst time. Of course the Kansas Convention will see that every proper guard is thrown around the legal voter, and that bis bona fide intention to remain inthe Territory is sened a previous residence of sutticient length. We should say that the qualifications required to make a legal voter wader the constitution ought toentitle an in- habitant to vote upon it—for of against its adop- tion.” The Intelligencer deprecates earnestly the continuance of the sectional controversy, and inclines to the opinion that the policy of the Adwministration in Kansas affairs is most likely to bring it to a close ———__->+e-—________ WASHINGTON NEWS AND GOSSIP. AN Laporrant Decision. —The public are aware that for some years past the majerity of the House of Representatives and the Comp- truller of the Treasury have been at logger. heads, as it were, relative to the power of the former over their own contingent fund leading to disagreeable misunderstandings at times be- tween Comptroller Whittlesey and officers and the Comumittee of Accounts of the House In nearly every case the latter have carried the point for which they contended for the time bemg It seems that the head of the Treasury Department has recently devoted some time to the consideration of the law points involved in these interminable disputes, and has made a decision based on the law of 1545, which de- clares that— “*No part of t made for the ec ppropriation whieh may be tingent expenses uf eit of Cougtess shall he applied to any other than the ordinary expendit of the Senateand House of Representatives iespectively. nor as extra al- jowance to any clerk, 1 yer, or attendant of the ~aid two Houses, or either of thei, wor as Payment of compensati any clerk, messen- eT, or other attendant so employed, by a resolu- ten of one of said Houses, in th bouks to be distributed to members Under this provision of law, we hear, no fur- ther payment will be made from the Treasury on the order of one House of Congress, without the concurrence of the other. The embarrass- ments that may grow out of this requirement will probably beobviated by action of Congress, us soon ag they next come together. In the meanwhile the Secretary is to be applauded no less tor the firmness with which he has directed adherence to the clear letter of the law of 1843, than for the earnestness with which he has de- voted himself to the task of unraveling the knotty difficulty involved in the question. He is a very clear-headed man, as well as emphat- ically a practical business man, as is evident throughout his share of this matter. No two qualities are more important in the discharge ot the public duties devolved on him. dow Tue New Cotcector or tue Port or New York.—With the exception of a few journals incapable of seeing any thing whatever deserv- ing commendation in a politieal cpponent, the press of the city of New York and adjoining country freely expresss confidence that Mr. Collector Schell’: administration of the affairs of the New York Custom House, is destined to be a happy one for the public interest, and in all other respects a most successful one. That the Star's readers may comprehend that they bave substantial reasons for coming to this con- clusion, we quote the following brief paragraph from the Cowrier aud Enyuirer, of Saturday last, that journal being. as all know, politieully, as emphatically opposed tu the Democracy a* any other in the land: “ The new Collector has fairly entered upon bis duties, and brings to his oftice the good will and wishes of the ‘solid men’ of all parties, who are fejowed to see that department again in the hands of 4 geutleman who is identitied by residence, i terests. and business pursuits with this metropo- lin, Mr. Sehell's ku ow ledveus a lawyer, and his familiarity with local affairs, render him entirely competent to discharge his responsible dutie: relying upon Lis own judgment aud experienc without depending upon outside and intereste: advisers, who, ander other circ umstances so often week and obtain their own ends Without reference to the consequences sulfered. by the well-meanin Official, Who bears the responsibility. The me: chants will be certain to find in Mr. promote their convenic isteat with his obligations to Gover, and weare slad to know that the Secretary Treasury Las paid him the deserved care leapt of leaving much to his discretion that as hitherto been the subject of arbitrary depart- fe. Mr. Schell has appointed as his pri- tetary, Mr. Gideon J. Tucker, an accom. | gentleman, formerly editor of the Daily mental Tue Art Association.—This so commend- able institution of this city have made prepara- tions to commence the erection of a fine exhi- bition hall on the north side of Pennsylvania avenue, near the corner of Thirteenth street,— a location of all others best suited fur their pur- pores. They require in all $3,500 for the object, and propose to raise it as far as possible by private subscription. Already $700 have been subscribed in aid of their enterprise, the success of which is really of much importance to the future of Washington. It appeals so strongly to the public spirit of our fellow-citi- zens who are men of means and taste in the fine arts, as that we feel assurred that in a very brief time they will thus raise the required sum Post Orrice Departuent.— New Post, Of- Sices Established—Aboca, Towa county. Wis., James Gales, Postmaster; Oatfield Centre, Fond du Lac county. Wis., John Cooper, Postmaster; Midland, Marquette county, Wis., R. McKay, Postmaster; Loyilla, Hamilton county, Ill., W. D. Helden, Postmaster; Dorsey, Madison coun- ty, Il, Wm. Skeas, Postmaster; Willow, Jo. Davies county, Iil., Isaac W. Parkinson, Post- master; East Prairieville, Rice county, M. T., Alex. Anderson, Postmaster; Clark’s Grove, Freeborn county, M. T., J. M. Clark, Postmas- ter; Elgin, Wabashaw county, M. T., George Bryant, Postmaster; Highland, Fillmore county, M.T., Norman A. Graves, Postmaster; Spen- cer Brook, —— county, M. T., Vanoliet Ausley, Postmaster; Belle Air, Johnson county, Iowa, Lewis Hartman, Postmaster; Pleasant View, Jasper county, Iowa, Nathan P. Grause, Post- master; New Jefferson, Green county, Iowa Geo. S. Walton, Postmaster; Ullin, Franklin county, lowa, Amasa Dodd, Postmaster; De- moss, Sandusky county, Ohio, Levi Tilton, Postmaster; Ashby’s Mills, Montgomery coun- ty. Ind, Robt. C. Boyd. Postmaster; Steel's Creek. Limestone county, Texas, D. J. Tidwell, Postmaster. Post Offers Discontinued.—Spear’s Mills. Columbiana county, Ohio; Steady Run, Keokuk county, Iowa; Jones’ Ferry, Morehouse parish, La.; Kedmon, Jackson county, Ala. Name of Post Office Changed.—Sharon, Panolo county, ‘Texas, to Pine Hill. Locatioxs or Mititary Bounty Lanp War- RANTS.—Military bounty land warrants located upon tracts of land disposed of by the local land offices at a greater price than $1.25 per acre are held by the General Land Office to be illegally located ; but that office, in view of the number of such locations unadvisedly made by persons who were led into the error by the action of the local land offices, has determined to suspend action in all such cases until after the meeting of the next session of Congress, in order to af- ford such persons an opportunity to apply to that body for relief. In the meantime, however. if such persons desire to perfect the entries thus illegally made they can do so by making application to the proper local office for the purchase of the tract so erroneously covered by their location, pay to the Receiver of Public Moneys the full amount of purchase money and surrender the outstand- ing duplicate certificate of location. Cu1xa.—The reader will find on the outside of to-day’s Svar a very interesting letter on China affairs, for which we are indebted to the Washington correspondence of the New York Journal of Commerce. The information it embraces evidently emanates from Mr. Murphy. the American Consul so long stationed in that quarter of the world, who has recently re- turned home. It may be read with profit by all who desire to be thoroughly posted in cur- rent Chinese affairs, now as interesting to all thoughtful and knowledge-seeking Americans as the affairs of any other foreign nation what- ever. Tue Navat Covrts or Ixqviny.~Before Court No. 1, to-day, the case of Lieut. Mafiit still pending, Commander Sinclair and Lieuts Mullany, Craven and Rodgers have been ex- amined on his (Lieut. M.'s) behalf. ... Before Court No. 2, the case of 1 olando is still pending, and to-day Cap Cluney and Lieut. Koe gave testimony in it, in his be- half. Before Court No. 3, the case of Lt) Murray Mason was finally closed np to-day by the ren- dition of its judgment in it, which was fur warded to the Department as we went to press Tue Invention Department's Stationery Contract was awarded yesterday evening to Robert Farnham, stationer, &¢., of this city— his bid of $10.366 being nearly $2.000 below all others Taylor A Maury also hid for this con- tract, as well as Anthony Best of this city, and Butler & Bryan, of New York, for portions of it. he samples furnished by all these bidders will rival the best deseriptions of stationery in any country, and reflect great eredit on these enterprising gentlemen A Correction —Mr. Rive, of the Pennsyl- vanion, is not a bidder for the contract for fur- nishing the Post Office Department with the stamped envelopes for the use of the public, as stated yesterday's Star. In classing him among them we were Ied into an error by wrong information. Tar Treascry DerartMent’s StaTIoNERY Coytracr was bid for by Taylor & Maury and Robert Farnham, of this city, and Charles I Anderson, of New York. Mr. Farnham being the lowest bidder, the contract has been award- ed to him. Tuk Stampep Exvecopes Contract.—The Lids for this contract are to be opened this evening. and it will probably be awarded to- morrow morning. Tue Prestwent or tar Uxitep Sraves this morning attended the annual exhibition of Georgetown College, whore he was the observed of all observers. Commissioned —The Hon. Emery D. Potter has been commissioned as an Associate Judge for Utah Territory. Tae WeaTnEeR.—The following report of the weather for this morning is made from the Morse Telegraph line to the Smithsonian Institution, ‘The time of observation is about 7 o’clock a. m.: Wury 7, 1957. New York, N.Y..... clear Philadelphia, Pa clear, pleasant. Raitimore, Md --clear, warm. Washington. D. clear, warin. Richmond, Va clear, warm. Petersburg, Va. «clear; cool. Raleigh, N.C... clear, pleasant. Wilmington, N. € clear, warm. Columbia, 8. C clear, very warm. Charleston, 8. C. Augusta, Ga. clear, quite warm. Savannah, Ga. clear, pleasant. Macon, Ga clear, very warm, clear, pleasant clear, pleasant. cloudy. Columbus, Ga, Montgomery, Ala an Lower Pe Mobile, Ala. clear, warm, Gainesville, Mis «-elear, pleasant. New Orleans, La clear. At Washington, yesterday at 9 p.m. the barom- eter was 0.231; thermometer 71°.5 This morning at 7 o'clock the barometer was 30. 200; thermome- ter 65° 5. ees ar Visitors To WasHincTON AND BALTIMORE From THe West.—The railroad interests of Cin- cinuati and St. Louis in appreciation of the lit- erality of the people and authorities of those cities upon the recent great celebration, have of- fered to pass the Mayors and Councils over their Tespective roads free of charge, on a visit in this direction. ‘The Baltimore and Ohio Company have united With others in this tender of hospitality, a com- mittee of its directors yesterday having ratified the president?s previous action in the premises It ix understood that the Cincinnati Councils have signified their acceptance, and designated the day—the 16th instant—for leaving that city upon their contemplated trip. Tue New Yor« Pourru ov Jury Riots.— On Sunday evening the New York riots were re- newed at Five Points, and several persons were wounded. The Seventh, Eighth and Seventy- first Regiments of Militia were marched to the Scene of attion; but on axriving there the row bad been terminated estigati Sunday School Hom: cide in Alexandria County, Va. [Reported for the Star.] The regular monthly term of the Alexandria County Cqurt commenced yesterday morning After disposing of considerable business which was brought up, the case of Manville Austin, charged with Killing James H. Burch, on the 2th day of June last, was taken up. Turner Dixon, Esq, Presiding Justice ; Charles F. Stuart, for prosecution, and Francis Smith for defence. The prisoner was brought into Court. He is about sixteen years of age; of good size; witha mild blue eye, and a countenance indicating great natural intelligence. Mr. Stuart, opening for the prosecution, having gone ocera er points bearing upon the case, roceeded to detail the facts expected to be proved y the Commonwealth: That the difficulty which led to the death of Bureh originated in a quarrel between the defendant and two smal! boys; that there had been a pic nic, at which Austin had cut a grape vine which the boys were using as a uping pole or hoop; and that at some previous lime these same boys had had a difficully about a swing with which Austin interfered; that on the day of the occurrence, being Sunday, Austin went to the ebureb prepared with apistol; that Jas. H Burch was there, not as one of the party who had quarreled with Austin, but stopping near by asa spectator; that he was called upon to prevent the alfray between the boys; that Le jumped off his horse for this purpose; and that Austin not only shot him once but followed this up, tiring two fatal shots after he had resisted the attack on him suceessfally. If the party implicated should be proven to Lave acted upon inotives of deadly ani- inosity, and with the malig: t purpose to take life, then he should receive att hat punishment wv the laws of his srovide for the pr ion of the peace and weltare of the commonwealth. Mr. 8. spoke in tones of deep regret of the table occurrence which had plunged in dis- d mourning the family of the deceased, at the bar in the position witb the perpetration of a great larged ainst the laws. Mr. Smith, for the defence, said that he had been placed in the position of counsellor and friend to the prisoner; that it fell to his lot to in- vestigate the canses which led to the fatal termi- nation of a youthfal quarrel. He would not give in detail a history of the case, but trusted to learn from the investigation of both sides of the ques- tion at issue facts sutticient to show that the de- fendant Was justified in the course he had taken to defend himself from his persecutors and avowed enemies. In his opinion, if ever there Was a case in which a rson was justified in taking life it was this. would not go into a detail of the threats, the insults, the brutal as- saults of these parties, which had been long con- tinued, and grown more and more aggressive, upon the prisoner, who wasa boy of unblemished moral character as he should show, and who went to the church to discharge th duties which were his Fight and privilege. He expected to show that on the day previous to the affray these persecutors had uttered threats and abuse towards the prisoner to justify him in procuring the means of defence, that he had done so, and on the morning had gone to the church, when he met the two boys who com- menced the quested them to ing let me alone, | have no ditticul- at that time Burch entered into the rand aided them to carry out their fell pur- se; Austin, secing the difficulty and danger of fis position, tled towards the sanctuary where he had right of all places to expect safety—the church—but was ptrsued thither by his tormen- tors, and when overpowered and trodden dow by their multiplied and un assaults resort drew bis weapon and fired upon them; that goaded to desperation by the cowardly and infamous wretches Who knew no mercy, aud pressedfig the wall he drew inis pistol in the spirit of de : nd defended himself, firing again and upon them; the first shot being insu ficient to deter his assailants, he had repeated the discharge util his deadly opposer was dead; that this did not end the conflict, but his opposers wresting the pistol from his grasp, he fled, they pursuing and firing upon him as he fed Mr. Smith concluded by stating that he put the whole thing upon the broad ground of self de- fence on the part of the prisoner. and held that the court had full power to draw the line of dis- tinction between murder and manslaughter ; the rincipal question would be whether the prisoner fad reason to believe that his life was in peril, or that he was in danger of enormous bodily harm before he drew the trigger The examination for the prosecution com- menced by calling— Dr. Wunder, sworn—Was passing the clureh some distance off on th in question about 12 o'clock inthe day; was told that a marder bad been committed aud rode around to the place ; when witness arrived on the spot d vd bad been dead some two hours; Witness was tuld that the man had been young Austin; looked at the body whieh shots, one in the one iu the right brea t, and one opposite t ft; the fist ball bad passed de nnder the shonider blade, apparently, and to there; the bedy w: with blood, Cross-rramined —The three wounds were in the shoulder, the right and left breasts ; probe the wounds ; Burch was a man Joineesin Leight, and about twenty age; was stout and well made, and inuich larger than the defendant Georae W. Thomp day morning on, sworn —Got upon San- th of June at balt-past 6 self and went to the ebn re at fhat time; went dc the road aud v two boys coming towards the house; walked back, and saw James H. Barch come up on his horse; a moment after, John Don- @dson and Robert Masse ne up fom anothers direction, they talked with Barel wud asked tue Washington with them; be told them he 5 » to look fur his colts, bout it; about halt- ville Austin, with the two up together, Austin got into ascuitie with the boys, one of who struck bin; awlies, Who we in the chur tied out let the Austin Woobe of wt Bure got off from bis horse apparently to stop the fight; be ran to- wards them, and Austin seeiay bin, ran after one of the small boys to the church; witness was some two hundred yards off and did not recognize the boys who were interfering with Austin; they all ran to the church; witness followed, and on entering the chureh heard three shots; went in- side and saw Burch lying ayainst a bench cov- ered with blood and apparently dead; Austin Was there; saw Robert Massey grab the pistol and Austin ran out of the house; the boys quarreling with Austin were small boys; they were Harri- was Lo and past them uv ustin was standing on a bench when witness went in, near the middle of the house; witness does not yo to church there; Austin ran out of the house, and John Bureh (brother of deceased) run after him; witness was not in the house till all was over; Burel was near the door; John Donaldson took the pistel up and fired it twice after Austin after he run; did see hia fire; D. had told witness that he had tired; Mas-ey and Dcnddson followed the parties when they ran into the church John R, Donaldson, sworn—On the morning of the 25th of June witness started to go to the church; came near the house and sat down; the deceased Burch run up; soon after stin and the two Harrisons came uj, did not notice them par- ticularly; was talking to Burch; nothing was said about any ditficulty, but the boys got into a seufile, and Austin threw one of the boys against a tree, waen Bureb said “J can’t stand that,” and got off bis horse; Austin was going towards the boys, and they struck at him, when Burch run up und Aus ran towards the house, Burch running at- ter him; some one said “don’t let them fight;’? witness ran up to part them; got tothe duor and a pistol was then fired; wentin and saw Burch ie in a recumbent poses over Austin; he seemed to have lost all power; his hands were hanging down, and Austin sat in a bench delibe- ralaty tiring at his breast; witness took hold of istol and Austin threw’ bis hand up over his ead, aud Massey came up and took it out of his hand; when Austin was fining witness ran up and struck him several blows to make him yield up the pistol; Burch was jnsensible after the first shot, and made no effort to strike Austin; witness tried to make Austin stop firing; when he struck bin it was for this purpose; Austin held the pis- tol directly against witness's breast and snapped it three times; he was very much excited, but did not show any Witness was shown a pistol which he recognized as the one used by Austin. Cross-eramined.—W as some distance from the parties; could not hear the subject that caused he fighting to commence ; they were about 15 yards from the church when the attack was made on Austin; When Burch advanced Austin ran to- wards the church, Burch following, and the boys tullowing Burch, who had no coaton; they had not been in the house more than one minute when the first shot was fired; when witness entered, Bure was standing over Austin, and Austin was firing at him; witness told Austin to stop, and struck him two or three times with his fist; did not notice the position of the other boys when he came in; Witness tried to wrench the pistol from Austin’s hand, taking it by the barrel, and Austin pushed it up against Witness’ breast und snapped twhile in that position; Marcy then came up and gel the weapon away; Burch was witness? cousin; aid not notice who struck the first blow at cou- mencement of the affray. The witness here manifested a disposition to evade the sharp ques- tions of Mr. Sinith, but when further pushed he replied in answer to the question Whether he did not know that this attack had been pre- concerted, that he had heard the boys, Burch among them, agree to commence the attack on the night previeus; he heard that there was to be a fuss, and went to the church to see it; did not hear Burch say that the attack was anticipated, ‘bnt thought Burch knew of it. When pressed a little harder on this point, the witness acknowl- edged that Burch spoke to him that morning about an anticipated fight, and he beard the boys the uight before talking about it; Geo, Massey, Burch, Thompson, Bowlin, and witness we: together going to the stream to bathe when this talk occurred ; sup) that Burch must have heard the conversation., Witness finally acknow!- edged that there was an the boys that sy an the next morn’ church to see the anticipated fight; the last two shots were fired after ess struck Austin. Joan O. Burch, sworn.— Went to the ehureb that morning and saw the boys get intoa ; Austin was striking one of them, who struck him back with a brickbat; Austin ran towards the ehureh and Jim Burch ran after him; did not see the other boys run after Austin; some females who were there cried out for the parties to be pre- vented from fighting; when witness entered the church Burch was trying to take the pistol from Austin, who jerked up his hand and fired; the e was very little time between the first shot and the subsequent shots ; Jim Burch had hold of the pi: - tol and was stooping over Austin; after Austin fired the first shot he sat down; Bureb had no use of himself after the first shot; John Donald- son tried to part the combatants, and struck Aus- tin in order to yet the pistol away from him. Cross-eramined —W itness is own brother of deceased; never had heard him speak of a pre- concerted fight with Austin; Thompson com- menced the attack on Austin; he is a boy 14 years of age, not tall but chunky built; the other boy is rather taller, but not so stout; Thompson chal- lenged Austin to fight; one thing led on to anoth- er till Bowlin’s boy came up; Bowlin ran up to Austin and said something to him, and then the fight commenced; ‘they fit hin ud be fit them, aud they all fit;’? the females said, don’t let them fight; Jim Burch ran after them to the chureb; Witness followed, with Jonn Donaldson; witness came in before the first shot was fired; when wit- ness came in Jim Burch was trying to yet bold of the pistol; Austin was standing up, and Jim's head was ayainst Austin’s breast; Austin fired, and Jim fell forward; Austin then sat down and fired twic ore; didn’t see any one strike Aus- tin; saw Donaldson trying to get the pistol w Massey took the pistol, and Austin ran away; when Austin tired, witness was so frightened that he could not teil the position of the other pers in the house. J. Wesley Burch. sworn —Did not see the firing; arrested Austin, who, after Le was arrested, told Witness that he had borrowed the pistol froma man living with Mr. Brown, and that he had done with it what he intended todo; witness told him to hush up, he did not want to hear anything about the matter; pretty soo homas ‘Thompson came up, and Austin again alluded to the aitair, and witness again told him in Thompson's pres- ence to * hush. Cross-eramined.—Austin did not seem to be at all excited. Robert Massey, sworn.—The boys were all sit- ting around, and a fuss occurred between Austin and two other boys; 3 Was standi in the road; John Donaldson was talking with Burch. who sat on his horse; the boys all ran towards the house; James Burch ran too; witness ran towards the house; when he entered Austin fired. Cross-eramined.—The small boys commenced the fuss; Thompson begun by saying to Austin | that he had heard that he (Austin) lad thieatencd to whip him (‘Tuompson) and his little brother ; Austin denied havi said so; Bowling then came up and asked Thompecn why he did not knock Austin down; they then attacked Austin, and the tight commenced; they ran to the church, James Bureh following ; when witness got tothe Burch was standing in the door ther boys, and Austin was sitting Buareh; did not go to church to see d no idea of it; Austin fired three shots; did not see any one strike Austin; witness took tie pistol from Austin; did not strike him; did not see John Donaldson strike him; is no relation (witness) went to the of the Burches; did not see whether Au got into the chnreh first or not; saw Donaldson fire the pistol after the occurrence Mr. it, for prose tion, here said that two of the important with for the prosecution Were absent, and asked that they might be exam- ined during the progress of the defence and that their evidence should go in with the examina- tion in chief; to this the counsel for defence did not object. and it was so ayreed. Mr. Smith now commenced the examination on the part of the defence by calling— Isaac Veitehy sworn.—At the commencement of the affairqwas standing near by on the road side ; Austin and the two Harrisons came up the road; when they got near the church witness saw ‘Thompson walk out and take off his hat and coat, and tell Austin that he bad got to fight him Austin said, “ What have I to fight you for? I didn’t come-here to fight; I came to Sunday school ;*? more words were passed; then Thomp- son came up to Austin and struck him; Austin left and walked upon the bank: John Bureh, John Bowtin, and thonpeon commenced to talk with Austin; John Burch said he hada knife which would cut as deep as Austin’s ; John Bow- lin said had a pistol which would shoot as deep as Austin’s; Austin replied that he thonght it likely; Bowlin went into the road and took u astone, John Burch struck Austin; Bowlin said fo Austin. © You Yankee son of a bite, PH kill you,” and throwed the stone at Austin, who threw up his arm, and the stone passed over his head and went some distance beyond: Bowlin ran at Austin and struck bim with bis fist, and then touk up al: menced to brat Austin ac the head; several bl witness tried to stop this, and told Austin to run or they would kill him; be did so, and James Burch got from bis horse and ran after him with the other boys to the charch; they all got in the churel and the door was closed; Witness called to Donaldson to come and help or they would kill Austin; the door was now open and witness went in, and saw the docea-ed. Bureb. with both hands in Austin’s pair; John Burch also had one band in Austin’s hair, and the other in Austin’s pocket; Austin was doubled up, Thompson was standing off and not inter- fering; witness saw a pistol in Austin’s hand, and heard in another moment a discharge; wit- ness then called totwo gentlemen who were puss ing toe save Austin; they replied that and passed on; Witness d Massey tocome and help stop the fight, while withess was calling for help, the other shots were tired; did not yo into the chu atter that; saw Austin come out; bis hat was off and hts fice sed and bleeding; the yall ran after b he ted, and two pistol shots were tired at h ch Was a stont man; didn’t know of an ated tielit before the occurrence took it there to attend the Sabbath school. Cross-eramined —Austin was the first one wit- hess saw enter thecharch; when witness saw him in there his face was bent down toward the floor; he was doubled up; witness saw the pistol in his hand; James Burch was pulling his lair out: standing over h Austin was in thig bent posi- nd ath es Were thus struck by Bowlin! yanti- place; tion when he tlred; didn’t see any one strike hi th stick with which Austin was beaten wo red oak one a nd Lad some dry branches on Austin’s fac Ball call on the by- nders not to let the parties fight; she did not appeal to James Burch more than to any one pre- sent; the whole difficulty was brought on by the parties without any kind of provocation on the ee of Austin; Austin did not attack any on put tried to id a quarrel; witness told Austin to run, because he was afraid they would kill him; the two boys who commenced the attack were a great deal too much for Austin; and if he had not run, they would have perbaps killed hin. Mr. Stuart here asked that the Court would ad- journ, as it was impossible to close the case to- day, and suggested that the witnesses be notified to be at the court at 9 o'clock a.m, on Tuesday morning. It was so ordere nd at half-past 4 FE: mn. the court adjourned to Tuesday morning at o'clock. ———-2+ 2 Triator Mowine Macutnes.—a trial ofmow- ing machines in Mereer county, New Jersey, last week showed the following result: Manny’s, 2° minutes ; Smatley’s, 33 minutes ; Alles 39 min- utes; Dunham & Staats's, 38 minutes; Deats & Dunham, 3 minutes—to. mow an acre each. PERSONAL. +---Hon. W. H. Witte, of Pennsylvania, is at Kirkwood's -+-- Hon. C. J. Faulkner, and Hon. 8. Clem- ens, of Va., are at Brows’. -++- Professor Morse writes from Paris that the American Minister to France, Mr. Mason, is rap- idly recovering from his paralytic attack, and that his intellect was never affected by that disg order. -Commodore Stringham, U. S. N.; Capt. Gardner, U.S.N ; Capt. Heth, U Judge J. M. Buchanan, of Md ; Capt. Sartori, U. 8. Nj Com. W.M. Glendy, U. S$. N.; Capt. BE. Mid- dleton, U. 8. N.; Capt. Nicholas, U. N.; Lt. Vrooin, U.S. Nj Capt. Calhoun, U.S. A.; and Commander Price, U.S.N., are at Willard: We learn with pleasure that advices from ‘uwford continue to be encouraging. A pri- vate letter from London, dated June 15th, says that the tumor with which Mr. Crawford bas been afflicted is being gradually removed, and he conti tite comfortable. His mind is clear No sudden fatality is now ap- prehe resent condition gives prom- se of his brain being untouched by the disease. It is said that if he recovers, Mr. Crawford will return tothe Cuited States to spend some time here before resuming his profession at Rome. But the curative process is so slow, that it is thought he will not be relieved from the care of Dr. Fell before the fall. eT OTICE.—The regular monthly meeting of he Fifth Ward Democratic Association will beheld at Caspanis’s Hotel, THIS EVENING, at 8 o'clock. (ity E. BARRY, President. = TING OF THE MED ION of the Di Fa sole wil SS ¥ a tat beheld in the Washington Infirmary on WEDNES- ba : | rt D. R. HAGNER, M. D., Secretary. PHILADELPHIA ASSOCIATION OF DE ea ne oeeetnan Hie, Ae 5 2K CO.—T: ‘ular meeti 18, ad ciation takes place ‘I iis EVENING. at 8 o'clock, at the Metropolitan Truck House, The Association will meet hereafter on every M y night. . By order of the President, Hn AcE: wes aoe rtist, at present for Mr. Talmadge, ‘Those desiroce ote perfect picture wien. he will | city in two woeks. = ie ig Sg te Dacneet and 9t Builaing, between 8th streets. jy 6 3t* maggiine of the Com; on ae N ns attend- Pemportanse will be Niky, Secretary. NATIONAL GREYS, APTENTION— You are requested to attend the rerular monthly meeting of the cor; WEDNE> ; EVENING. July sth, at 8 Selock. Feo aroatoe tit be punctual in his attendance at this meet) xa8 business that will claim the attention of ev: - her willbe inid before vou. It tn hoped tharnony will be present. dy 6-3t* It is hoped that ye By order of Carr. Lew. Towrne: GE, D. C.—The SDA), Juli Th, at Serco e The publie are respect fully invited to cee iy 3 St ____ B.A. MAGUIRE, Pre: f THENATIONAL GUARD WILL an Excursion and Pic-Nie to the House on the 22d. COMMITTER a. jy 2-61" ge eee ° CENTRAL ICE CREAM SALOON At the Piniadelphia fee Cream Depot, corner of i2th and F streets, the best in the city, at locents per piate. Tow Cream delivered to families at je ®- im* SUITABL Sihons.at LINTON'S JUSTI / cahol Cook, for sale at iy 7-3t GPORG $1. per gallon. LAMMOND’s. | ‘OWN CLASSICAL AND MATH- EMATICAL ACADEMY, : The duties of this Institution will be resumed September Ist, jy 7 Swtt F* AN Pp. A. BOWEN, Principal. PRLASTING Pr Satchels, Pomaden, and Handke this very superior Perf just reectved sale at Ris West End Drng & dy 7-6t {Intell.} NS Pa. avenne, OR SALE.—A Young HORSE not years old and in good conditios Alsoa SPRING WAGON, and anew set of HARNESS. Enquire at G, A. Springmau’s Restaurant, No. 512, Penn. =o. between 2d and 3d streets. iv 7-lw* CLOSING OUT MANTILLAS AND LADIES TRAVELLING DUSTERS; And must be sold. 70 black Suik, Lace, and Barage Mautillas, from 31.5) to $15 3S Ladies Linen Cravilla, Plaid and De Bage Travelling Dusters, from $1.0 to $4 Together with a large stock of Silks, Barage wus, Linens, and all kinds of Ladies Dress Goods at low prices to close the sea: cannot fail to please, jy 7-3t of Vac WADDLE HOUSE AT CAPON SPR Having rented my interest in tha House” and taken the above property, am now, Prepared to entertain my friends, and’ visitor with comfortable accommodations, er six aE Penn. aver GS, Va. Mountain First week..... Second do.. Third = do........ One month of 2 days. .22. 0.2 | * Children and colored servants init price. T. BLAKEMORE. Proprietor. jy pim 6 hae THE CITIZE OF THE IST WARD, COAI,—COAL—COAL. Being now about the time of laying in your winter supply of Coal, 1 would mention the importanee of looking to it at once. Fuel is @ heavy item, there- fore, look to your interest, and see that you deal witha person upon whorn you can rely. | would sug gest the clubbing in of several gentionen—gusuens who deal for cash—and engage their Coal for the coming season from me, at the following low prices : All kinds of Red Ash, large and smail, $6.25 per ton; all kinds ef White Ash, $6.0; it must be to persons who buy for cash oniy, otherwise | could not do it— ‘o the ton—guaranteed of the best quality. if you wish to avail vourseif of this offer, send in your orders before the first of September. so as to enable me to deliver from the vessel, alter which time fuel will beon the advance. Noy afloat, 12 tons superior White Ashe ize. Send in your orders. T. DRUR id No. 165 Pa. av.. bet. 17th and lieth sta. jy _7-3t MANUAL OF PHOTOGRAPHY, Vvol., London, 1857 Hunt's Practice of Photography, { voi., London, 1857 Hart’s Photography Simp)ified, i vol., London, 1857 — 's Art of ogTaphy, transiated trom the rman, 1 vol., Londat ry an Practice of Photography, 1 Snelling’s History and ¥ Nay 8 Flocere Motalturry, London, 1857 Bakewell’s Manuel of Electricity, Practical and Theoretical, 1 vol., 1857 Campbell's Fext-Book of Inorgame Chemistry, 1 vol., London Outlines of Inerganic Chemistry, 1 vol., London hemucal Analysis, Qualitative and Quan- tulative, 1 vol., London Introduction to Rose’s Chemical Ana i . Lvol.. London Galloway's Manoal of Qualitative Analysis, 1 vol., London Graham's Chemistry in its Applications to the Arts, vol., Londen Chemistry in its page peo to Artsand Manufac- pares by Ronalds, Richardson, and Knapp; 3 v., onder Gerhardt’s Chume, Organiqne, 1 vol., Paris Introduction to Practical Organic Chemistry, 1 vol., Reid's Rudiments of Chemistry. 1 vol.. London iv 7- “RANCK TAYLOR. if [NITED STATES PATENT OF FIOR, ) Wastinxcton, July ath, 1257. On the petition of Henry Burden, of Troy, New York, pray ing for the extension ot a patent ginnted A f September, 1463. jor su im winery for making horse shoes” years frem the expiration of * piaee on the lath day of September, 1857. dered, that the said petition be heard at the Monday, the 7th of snd all persons aj 1 vol., eptember next, nol ited tu ap w cause, if any they have, why sail pe ught nol to be granted. an op pOainn the © are required to ally set days haiore the day atent Office their « ng, at least Lwen all testimony led hearing must | with the 1 " the 27th spor relied up ice on oF bet We arguments, if any, 8 thereafter, , also, that this notice be published m the Union, Intelligencer, and Evening Star, Washing- ton, L Repabiican, Baltimore, Patriot, Harrixburgh, Pa.; Daily N N.Y ud Post poste three Successive Weeks the 7th of Sep tember next, the da K- e MASON, issioner of Ps of the above papers will pleas is to the Pateut Othce.with Y eer previous ears 1 of R containmne th A CARD TO THE PUBLIC, £2 The undersixued, who bas been for some three years engaged im this oity and vier ness of erecting lichtning-rods, wi to the same, tinds it necessa: from the insinuatio: upon it, with fling country cular ogee by Mr. N. I. Rhoads. Mr. Rhoads ix enzazed in the business of erecting lightning-rods also. It may be that ie expects by disparaging and nusrepresenting me and my work to enhance his own success. For myseit | resort to 10 such process. My work shail speak for itself. It all along has spoken, aud still speaks. I am proud to say itwill stand. and it challenges the closest and se- verest scrutiny. From Mr. Rhoads’ circular, just now published and ciroulated, | make the subyoined literal extracts : “Twill convince any man who will apply to me for the facts that x most villainous imposition lias been carried on inthis city and other places where certain lightning-rod points have been put up. We have the most positive evidence that inen were never more thoroughly humbugged or swindled than those who @ purchased some of these pewter lightmng-rod ints. Wooden nutmegs and pewter lightuing points. ruly this is agreat country, aud we live in the most enlightened age of the world. The points above re- ferred to are about twelve inches long, with three sharp irons, something resembling a shoemaker’s aw! at the base: the point itself proves to be noth- ing but lead, or some vther soft metal. H. reds of persons have been dece:ved by travelling venders of these spurious points.” = * ei “i “ The superiority of my method, as wel! as cheapness, has recommended it throughout t! Umon. I have erected a large number at the South, and likewise in this city and vicinity, where they have been highly approved.” * ° . “ ‘Phe rods are turnished at a price to pla within the reach of every owner of « dwell no one that has a house is too poor to pa for one. Hevea! every known security against the electric fluid.” From the greatness of windy words and labored efforts at a scientific disquisition upon the sulject of electricity which make up the major part of Mr. Rhoads’ cireular 1 have called and quoted the fore- going extracts in order that [ might give then plain and ee ae and put up lightning-rods with p pons lareiie-g ro thes may be desired er ordered by those who engage me in the matter, but in ne in stance have I ever put up such worthless or pewter lightning-rod points as Mr. Rhoads described. His fling, in this connexion. about “wooden nutmegs’ may have reference to the State from which I hail— Connecticut ; itcertainly has legitimately se cotago Tam not ashamed ofbeimg & Conunecticut-born man, and a full-blooded Yankee. I practice legitimate business, and do my So and fathtally. Where Mr. Rhoads hails from I know not eae gaee not. | have heart that he also is a Yankee. Se] insider him no better or worse for the fact, Ge conduct,honesty, and fair dealing, and not one’s birth- place, make the man. 1 solid nts I furnish to lightning-rods are of soli opps Pointed with wiver or gilt with gold, as may. be preferred. I havenever held out 2 good sample of my articles, and then furnished put up « less worthy substitate. Can Mr. Rhoads say in truth as much. Mr. Rhoads may do his work for less sums fcharge, and I should think he could afford to My work isditierent from his, but Ido it as low as good work and good materials can be done, Mr. Rhoads furnishes statements from gentlemen that they have employed him to take down points from their lightning-rods and put up his own in their stead. So Ihave been engaged in several instances to tuke down his points and put up my own piece of them. I bave not gone to the trouble iu oa romptly replying to Mr. Rhoads’s ——, Beech toinjure me in my business) to Pivle ating = ublish certificates from ling oad | ee ay his community of the jority and eff ~4 ‘stem of lightning-rods and md Slang time, and will,if ft | tog! take notice of what M me in my business, jy 7-e0dt _ EXCURSIONS, &c. HE FIRST 6 Wr gORLY ROV hite jen s ” onthe 2th ofthis months. me of i See particulars in future advertisement. OOL OF ¥ . Alfred SH HOUSE ASWINGTON will «clock, and foot of Lith street at ke and wil return to the city by —_- ™ freshments furnished at city prices, ets So 5 > Chu 2 x *insons Jewelry —o Sey tel,and at the Boat and of M JUSTICE TOATL SECOND GRAND EXCURS) NE RAND EXcy . PR CLUE ae SION of the jy 7-0" EXCURSION AND PIC Nic of THESES E Day oe PS ‘ae bgt on WED leave the to the ny : gy fothe Wie Hei Ferman IS hours. from thence —to be had ‘pposite Browns’ Ho onthe morning of the sth usic will accompany the Eixeur a Pz ON Western Hose Company, No. 1, TO THE WHITE HOUSE. The Western Hose hex | town atl« 2 Alexandria at © Woailey’s Grn reshinents at city price: wuner and Supper wil « ere Tickets ONE DOLLAR : ade man and indies, W.Rigeles, W T.3. Parker, Jol SAI TERS '* Sunday will ND CATION WANTED, to do plain sewing or nurse. ing in the country. Address X V,at thia We ty AunOUNee ungton at ta; Nawy Va By 2 Young W Would profernn 6 will ten et Ih steer eee Wasi ¢ 3 Nard at Oy Alex! ck : i Navy Vanter of Pa Wihe With street whard at be served by anexperenced : SUNDAY ANTED—A SITU . W mie te UATION by « tien to travel with chi ledy. Can produce good at No. 3 Miss av., be! WANTED; side of Pen 18th streets. or to wait on pen 44 and ot STORE ROOM. o ivanin avenue, Apply at this othee. SITUATION WANTED-— *3 American girl as housek lady's» will have no ol As assixta, han bernuasd. given, if reqmred. Is also comp sewing machine. Address M. D. & . C.. or inquire at Rezin Stevens wr. By a ri George: J ANTED.—A situation by a W CHAAMRER WORK and od or to Texel and take care of childrer toattend ton Lady or Dress-making Engtish Hill. WaAptED-a aN Horses aud Gard. do the Cooking and W None need apply uniess well reoum W. WHITE, 7th street, near the T: eapatile of taki ne. aw ommendations. respectall bermaid or Nurse: Haste cine? the north between 9th and jy Te espectable > Seamstress, or ons to traveliing,or ty 6-2t* ing care of Also.a WOMAN to ing for small tumuly iy of K street 7E or HOUS part of a House WaAXTE D—Between 15th and 7 TAG 3 2. with yard and si With use of Kitchen. terms and location. two miles from the city, geod pin: One who can bring recommendations houesty, and cleaniiness will find a corner of 6th aud D streets. MPLOYM 4 guarantied to t ent and satistac made on applying persona! 497th street, from & to 4, bdance im nna: or Snie—On easy terms, BRICK DWELLIN J inst 612 (ad story _LOST AND FOUND. ‘On the 4th instanton the ore AS TAKEN UP,on Mon 6th, an Iron RF ) take her swns ween Ls AME TO THE PREMISES OF seriber, residing at the fork of S and Miney-branch Js, two HRIE ER =e to bet 4 old, without sndivid Dye i mark. Persons thon will be made tothe Con for the ixsue of a dupleate «| for 1D) neres, vet Gd Mareh, Leh. Berjiwnan Griw Georcn V lust. je 13 lawow prisie Crp eek War; c BOARDING Mrs. 1a PES, a Iwan avenw and how prepared ea larger number of permauent and Her jeestion is the a= rearranged and improved, he now second to no other bearding -honse in ton, Boarders by the th, Wack, OF reriy, eryattention, Terms o taken. given. Address Box 184 City Post Office most central 1 i streets. north # small neatly furmehed COT. le trees, or Re je Bat WANTED-—in the family of agentieman residing in COOK. od situations and regular wages. Apply to J.P. CRUTCHE TT. je 1-ti NT AND GOOD WAGES i or two good men toact as (Revolutionary Biography.) arrangements wil! » JAMES CARTE ock a.m. — je 27-eoli HASE—A BRICK » Contaming 9 roome, an o about S40, by hierst pa tm er of Tath AM rward, prove p way. — LOUIS BRUNETT. “h IS HEREBY GIVEN, THAT At X Weeks publication of Ch c ssh cry AND WARKANT .wseued to te aec-4n ! trawsrent + house ws Washing day, may tnderaiie, je 23 tf taintus 1x rooms. For te: on Ist street, bet Bek i with two « "A Pleasant BCHOOL OR SALE w HOUSE, in the”? berties. bad, tn ie wad buta small portien im en required, nd jong credits given for th ents. PX lsor a BUILDING LOT in tho F (near the Circie) can be purchased witiv payment and on a long ere te 4rps te FOR RENT AND SALE. DOR REN T.—One three BRICK HOV F situated on street, betweet . ROOM, FRAME A lergsin sh will be @ deterred irst Ward out acash 1 from the corner of H, (bet ren = =~ yo hess comfurtably furnished, 4 ful and airy jocation, fronting one of the ervations, and co city, the river, Apply on the premises. . Georgetown. OR RENT.—Two WAREHOUSE nm Pennsylvania i, &c., apply to nues. F No. 327 Pen JALUABI Vitis FER three-story BRICK i ING, on the corner of loth street and Vir nue, and ummediat eth of the stitute, constracte of the first class. Of the qui the neg hborted Ifthe above property is ‘2th inst., it will be reuted tenant. i st een Hand I. Me J.B. : PROPERTY FOR SALE ON RMS.—T ‘h igibly situated SE, with BACH Bl iy 3-im Su M st., JURNISHED COTTAGE F COTTAGE on the east side of Tonti je 3) 2w eoutan lelight- pul neuding &u extensive view of the It has eas through - out; water and bath-room. Toa careful tenant the rent willbe moderate. Inquire at 441 street, sec ond door from 12th street. je 2a Soon 6th pars For further particulars inquire of WILLIAM WARD corner of (2th and C sts. jy 6-ec Clutelligener.) OR RENT.—A two-story BRICK LING, with back bu tached, situated on F streets. business stands © s’eps of Willard: ; between 13t ton, being Aug July. Appi to F (intel) ‘TM jeistt mobde 7 OOMS FOR RI having taken the house rece MORLEY, ly occupied by DWE and a fine yard at- hand lath be made one of the best within a few Firnt’s Hotel, Pos RANCIS jroper, corner of F and isth ste. to rent UGUAIS toget her or sepuratety, furnished mished, and, if desired, will also furnish Brenkiast, and Tea or Gautier’s. very pleasant Penn. avenue. OR SAL A FARM of about 10 tg ey cd Ree Md., Thee pe ingt the Colesville road. Brick Dwellin +o jog barn and stable, a tit en ee YT ye pic hed for, or would exe s are large nud e for summer residences. ee 5 eld te or untur- Board, or to such as wish to dine at hotels airy, and in Aeros, in en miles from Wash ihe ore! A partis set with clover. and t ‘tained i ¢ for city proper- AL E, Agent, ty. .N. LAN No.ss M street, or through the City Post join it Othee,