The New York Herald Newspaper, August 5, 1842, Page 1

THE NEW YORK HERALD. NEW YORK. FRIDAY MORNING, AUGUST 5, 1842. Vol, VILI.—-No, 214 --- Whole No, 3065. Naval Court Martial on Board the U. 5: Ship North Carolina. ‘Tuvursvay, August 4. ‘Tera. op Assistant Scncxon Crances F. B. Guritou, Continued ‘The Court met pursuant to adjournment, and the min- utes of yesterday’s proceedings were read by the Judge Advocate, Mr. T. W. Watonoy called and sworn and questioned by the Judge Advocate,—I_ was Clerk in the Exploring Squadron in Nevember, 1839 ; Thanded Br. Guillou a re- quisition about the 3d December, 1839, which I got from Lieut. Ringgold. There wasa pencil communication on the requisition which I did not read, which was pointed out to me by Lieut. Wilkes, who said at the same time it was not approved, and he referred to this note in pencil for information required. It was not enclosed in an envelo} 1 don’t recollect whether there was any direction in the iting of the accused. bars ennsiond by accused's Counsel.—When I said the requisition was not under an envelope, I refer to the time it was returned to me by Lieut. Wilkes ; 1 don’t re- collect whether I delivered the requisition trom the ac- cused to Lieut. Wilkes. Atthe time I threw a paper to the accused through the skuttle of the ward room, | thought I wasgiving the impression that the came from Lieut. Ringgold, but I have no recollect of men- tioning either 140 name or Lieut. Wilkes’; I don’t re- collect that I told the accused the requisition could not be approved. : ieut. Cuances Wivxes called and sworn, and the first of the three rapt Sew and cbr owing having been read to x ing accu wi a he said:—On the Sued Crone, 1840, about inept in the day, the accused desired to see me; he was shown up stairs to the apartment | then occupied on shore at Honolulu. He came in and opened the conversation rela- tive to sending me hiejournal. He said that it contained personal and private matters; I teld him that that was against the orders, or instructions,er general orders, and that he must obey the orders. There was an order issued calling all the journals in two or three days before. He wished to know whether | intended to answer his letter, and I told him I did not, asit required no answer. He then said he would send urnal in, directed to the Secretary of the Navy; I think he mentioned the word sealed— “send it in sealed,” { think he said; I told him that would not prevent my seeing it, as I would not forward an) thing to the department that I did not see officially. He - changed the conversation to courts martial, saying that he refused to be tried by a court composed of officers of the squadron, or as he ex; it, “of my agents,” and many more remarks that he could not expect justice from them. He then spoke of Dr. Holmes having been promised the pay of afull surgeou. I told him that he was miainform- ed. Dr. Holmes was au assistant surgeon then on board the brig Porpoise. He then said that T had promised it to him. T replied that | had not, on which he repeated it in avery impertinent manner. {then suspended him from duty, ordered him to leave the room, and to report to Cap- tain Hudson on board the Peacock, who was commanding officer. He left, and when he at the head of the stairs he made some remark which I did not hear. I dont recol- lect it. I again ordered him to leave the room, or go down stairs, dont recollect which. I wasat this timeon shore at Honolulu, in a house occupied as an observatory. I walkedto the front piazza, 1 saw him in the act of return- ing to the house; he was, I think, about 50 feet from it; I onfered him to go directly on board ship; he was attached to the Peacock. This wason the 6th October, and the court martial was to meot on the 9th. Q.—Was the accused arrested or suspended prior to this period? A.—No, sir. Q—When were the first set of charges preferred? A.—In December, 1839. Q.—When was the accused furnished with a copy of those charges? A.—1 did not furnish him with a copy at all, nor wouldI have done so unti: he was arrested ; Lieut. Ringgold I be- ve furnished him witha copy. He reported to me that opy of the charges were served upon him when he was rested. I think he was arrested on the 14th October 1840, it was on or about that day ; it was my intention to have pats him by that Court at the time the offence was com- mi ited. % Q—Commodore Jonzs—Why was he not arrested be- fore? A.—He was neither arrested nor suspended before, be- cause I could not dispense with his services ; | arrested him during the time theCourt was pending,and had intend~ ed to have tried him by that Court, but I thought I would try the men first for example, three men and an of- ficer occupied the Court one month, and part of the: ~ Sor ron went to sea then, se that I had no opportunity of try- ing him, and that was the only time I had during the cruise. The marines had been very mutinous, which Boro cahems a phn -urein pe chancgy le. ibys var e second charge, charging the accused wi disobeying a general order to keep a journal was then read to ‘witness. Lieut. Wirxes then produced the order which he said Ritter to the commanding officer of was accompanied by a the Vincennes. ‘The order and letter were then read as follows :— U. 8, Suir Vincense: i Atsea—Sept. 13th, 1841. Sir,—As the officers may not understand the kindof Journal it is necessary for them to , 1 take this occa- sion to make known the ex; of th w ‘of thelr duty, which ttoall others, sid shoguther of stpabiie atlure, ana fis lnccrs- dition, are er of a re, is incum- ent on me to say, P of. them to bestow their con- stant and dev. attention to all incidents, facts, and oc- Sareanies ny may, ao ) ely ie cakes hereafter, they may (if ni verify or y their t ny, ‘ny information Ta relation to the seme, Spr es tht pore of all, stearvariiars! at the time and entered vn) Constr it of great importance that oflicer con! o' ev should know the actual ccaeion of the ship fromhis own caloulations, that when called upon at any moment he may be able to refer to hisown journal for his result. On this might bly depend the safety and ultimate success of the expedition, as one or two persons might fall into error, but is not likely that many would. 3d. The kind of journal required is not a mere log book; but it is adiary in which will be noted all that re- lates to public information, being a record of all objects of interest, however small, which may oceur during the cruise in the scientific or other de; ents, and the views of the officers ought to be briefly expressed concerning things that may come under their notice. The very re- cord that nothing has during the day may be of use; but it is believed this will be of rare occurrence: The whole will form a mass of evidence for the use of Government on our return, which will tend to illustrate and make clear the transactions that may have taken place : also, the habits, manners and customs, kc. &c., of the natives, and the positions, descriptions and character of such places as we may visit. memorandums are highly important to me, in order that nothing may be ne- glected or overlooked in conducting the E: petition toa successful issue, in which we are all so interested, and I wish particularly to avail myself of the resul observations of all to avoid the possibility of passing over any subject without full examination and remarks. x casual observation or memoranda, believed at the time of little amportance, may lead to important and satisfactor’ results. ese journals, therefore, will become a useful medium of communication between the officers and my- self, relative to the scientific and other duties in progress. Livast I need not remark that the above relates entirely to the public transactions ; with private affeire I have no- pon bot geen d are and always should be deemed sa- cred, and, consequently, will form no part of the records. T enclose a special order relating to this subject, which you will Dronnige, tothe Cons ‘of your vessel, am respectfully, Your obedient servant (Signed) CHARLES WILKES, ‘Po Capt. W. L. Huvson, U. 8. Commanding Exploring Expedition. ip ecoeel. oo (Genena Onner. All the officers of the Ex) rye | Expedition will be re- quired to conform to the ules and regulations of the ser- vice, & journal during their cruise, which he will send to the commander of the ship to which he may be attached weekly. This journal will contain the daily reckonin, tance, bearings, &c. of the vessel when at sea; al record with such observations and remarks as may pre- sent themselves, in relation to alloccurrences or objects of interest which may at the time be tl least impoxtance, and which may come under the obser- vation of the officers, either on ship or on shore, and may tond to illustrate any transaction or occurrence peste Bh any inforination in re- gard to the manners customs of the people, ke., &c., and the position and character of such places as map be The journals required by this order wit disposed of =e ly oe + pronet i ‘he Honorable secretary of e Navy, < compe mi pouie. ie SA EN a Fier viet Segteie fa the orders, that no day should be unnoticed if nothing occurred, the word nothin; astronomical ould to be written, for if any I phenomen naturally look to of them. Be- take place, the American public wou! the Exploring Expedition for their account lieving that of importance in order to satisfy one that the remarks had not been unattended to, The Court will remark that if any astronomical or meteoric phe- nomena took place here on referring tothe journals iftvg word “nothing” was found, it would shew that similar things had not occurred where the squadron was. This order was heard on the general instructions received from the Secretary of the Navy, The Judge Advocate here requested the witness to point out bey ot the general instructions which the accused had failed to comply with, ification chi that he had disobeyed the the Secreta the Navy. The Le is the portion ofthe general orders re- ig been disobeyed, and relied upen by Lt. Wilkes to substantiate this specification :— The hydrography and Reograph: of the various seas and countries you may visit in Toute pointed out to you in the preseding instructions, will occupy your C4 cial attention, and all the researches connected w: them, as well a§ with astronomy, terrestrial magnetism, aod meteorology, are confided exclusively to the officers ofthe Nayy; on whose and talents Department confidently relies for such results as will enable tutare na- vi past over the track traversed your vessels Te spose iectons are thought necessary to the mode the scientific researches and saperteneate which you are enjoined to prosecute; nor is it to limit the members of the corps each to his own particular service, All are expected to co-operate harmoniously in kindred pursuits, whose equal dignity and useful. ness should ensure equal ardor and industry in extending their bounds and verifying their principles. It being considered hig] important that no journal of tuese voyages, or complete, should be pub- lished without the authority, and under the supervision of the Government of the United States, require from every person under your command the surrender of all journels, memorandums, remarks, writings, drawings, sketches and paintings,’as well as all specimens of every kind co! or, prepare during your absence from the United States. It is believed that the officers under your command re- 5 ne special advice or directions from the hie epee jearing in mind, as they no doubt will, that the under- taking which they are ai assisting to accomplish is one that necessarily ‘attracts the attention of the civilized world, and that the honor and interests of their country are equally involved in its results, it isnot for amoment doubted but that in this, as on all other occasions, they will so conduct themselves as to add to the reputation our Navy has so justly acquired at home and abroad. Jupoe Avvocate-—That ia the order upon which the specification is founded. Now for the fact. Witxess—The journal will show for itself. Jupcr Apvocate—If he kept a journal at ally he com- plied with the order. Wirxnss—He did not keep the journal required. Juper Apvocatr—Show! ~ a journal—This commen- ces on the 11th December, 1839, amd continues to the Ist October, 1340, when he was arrested. ‘Wrrness—The voyage commenced in August, 1838, and there is ne journal from that time until December, 1839, and there are leaves abstracted from that. I sent the jour- nal to the court sealed yesterday. It was sealed by Mr. Harrison, my clerk. Mr. Wixxs also stated, finding that these orders would not substantiate his charge, tha; there were others which he would prodnce to-morrow. The Judge Advocate then read the third alditional , entitled “Scandalous conduct for tearing leaves journal.” —The journal came to me in the condition it gavc it my clerk, who wrote a certificate as to the condition in which he found it. I think I have a let- ter stating thatthe leaves had been taken out, and objec- ting to the term mutilated, and insinuating that I might have been mutilated, since I came into my possession, which occasioned me to hand it to my clerk to have its state certified. I called y the accused for the leaves deficient, which produc correspondence, but I have not those letters here. 1 can produce them to-morrow.— He refused to give the leaves up,on the pretence that they contained private matter. Q—By Lieutenant Dox Porst—Had any medical officer, junior te the accused, been promoted in the squadron while he was doing duty? A.—Nosir. ‘There was one doing duty as surgeon, but he did not receive any appointment until after Dr. Guillou had been arrested. laste ed with the squadron nine or ten months, though he had permission to leave. ij Q.—Wes the accused doing duty in the squadron while Dr. Fox referred to was doing surgeon’s duty? A.—-Never in the same ship. Dr. Fox was the oldest assistant-surgcon in the vessel in which he was seting as ag The accused was doing duty in squadron while Dr. Fox was doing surgeons duty. Dr. Fox, by ageneral order, was directed to attend to those duties, the duties of surgeon, and he was at liberty to ocoupy the room of the surgeon. He did not, however, mess in the ward roo! nor was it considered by me an appointment to entit! him toit. If the officers of the ward room mess had inv: ed him, I should have had no objections. | am not inform- ed whether they did, or not, but I am certain of the fact that he messed in the steerage. —By Commander Cunnincuam.—He was not doing ler an appointment frem you, then ? not. He received no appointment until after arrested. eons . A.—! not know that he did. I rather think he did not, from the fact that he has applied to me within a few days, a day or two since, for a certificate as to his having done duty as surgeon. Q.—Have you detailed all the conversation on the 6th of October, 18407 A.—To the best of my recollection, Ihave. Q.—Are we then to understand that the question of the accused as to whether you intended to answer his letter followed immediately upon your telling him that the entry of private matters was contrary to orders ? ‘itness—I will detail the conversation. Jupar Apvocatr—That is not answering the question. The question is this (reading it avain). Witness—If you will read that part of the evidence again, I will tell you. ‘The Jupcr Apaocate then read it, and repeated the uestion. q Witxess—To the best of my recollection, it did so fol- low ; it was at the same interview. Q.—When he spoke of an answer to a letter, what letter was referred to? Have you it here? A—Yes, Sir. Juvee Apvocate—Produce it. Wrm ‘This is it. The Juve Avvocare then read it as follows: U. 8. Suir Pracocx. si Hono.vurv, Oct. 4, 1840. mR t— Thave Li pingemed hte Ar your eneral Bary? of esterday, “ e officers of the Explorin; juadron willsend their journals to the Commander without de- 15 Fepectully represent to you that the daily attendance and the ny during thetime the accused was doing duty 7 to the meteoro! diary, which I aid in registering and slight assistance which my limited ca- ‘enable me to give occasionally to the scientific gentlemen, are the only duties not strictly professional which I feel myself required to perform, standing orders or the regulations of the squadron. ‘Whenever you have done me the honor of detailin; upon bt piece of scientific, or other, not duty, I have assoon after executing it as possible made to ou @ written report of progress, and I have always been us to obtain orders for duty of this nature when my health would allow. ‘Such mattersas are rigs professional, or with which lam officially connected, such as relates to the peculi- arities of my position as an Assistant Surgeon, I have en- tered in my medical journal. “An abstract of this journal I will submit to the Surgeon, that he may be enabled thereon to report to the Secretary of the Nery a the expi- ration of the cruize.” Much of this journal is intended to be of a private and personal nature; if however your ory der of yesterday applies to it, and you insist upon it, I will iamediately send it to you. tfully, (Signed) CHAS. F. B. GUILLOU, Assistant bom te U.S. To Cas. Witxes, Esq., Com’g Exploring Expedition. Q—Did you not state in your conversation with tho aceused that you felt authorized to break any seals of communications addressed to the Secretary of the Navy, and if he sealed up any port'ons of his journal, you would break those seals? A—No. Q—When inte: by a member of the Court as to whether, by the leaves being abstracted, any “ hiatus” had been left, have you been correctly understood as re- plying, of course? A.—I have notexamined it, and can’ttell. The journal will speak for itself. Q.—Do you mean to be understood that the accused Ip oe urnal previous to this which is before the Court? .—Not to my recollection. The accused was never on the business with me, and this was the only time I had cee in all the journals. His commanding officer can t ‘atin not Lieut. Ris gold require the productions, procure the journal of the accused up tothe date pre- vious to that of thej :urnal in Court? A.—Not to my knowledge. Q.—Was the manner of the accused on entering your apartment rude or Revit a q A.—It was not respectful, sir. an not your manner excited during the inter. view A.—The latter portion of it was. Q—On what paint did he become highly disrespectful ? A.—When he began to talk about Dr Holmes receivit the pay of surgeon. His manner was very much excite from his first entrance. Q.—How long did the conversation occupy? A.—As short as ten minutes, I should think. It was not of long duration at any rate ; but afew minutes. It might have been but five minutes, Q.—-Were there any witnesses to it ? if any, who ? A.—None to my knowledge. I think there was no one on that floor; there may have been some below. Q—Did you not on the next day receive a letter from hans ae te reporting this interview to the Secretary of the Nay ? ‘A 40 not recollect, I may haye done 40; my files will show. l received several I from him. Q.—Be pleased te refer to your files and ascertain. A—My files are on. — Juvee Advocate.—When you go on shore please refer. ‘Wirwess—] rather by fet they will be with the Navy Department. | forwarded all letters of complaint addresa- the Secretary of the Navy I received him at the time by my clerk. Q—On what day did the court martial convene at Ho- ? nolulu A.—On the 9th October, 1940. Q.—Can you say when it terminated ? A.—I think on the 4th or 5th November following. 1 think it wasbefore the sailed. padan did the Peacock and Vincennes leave Hono- lula? A.—I think the Porpoise left on the 15th November, the k on the 20th, and the Vincennes on the 3d Decem- ber. It waa contemplated to get the squadron to sea on the 16th November. Yon have referred to the marines who were tried at Honolulu—how long before the trial were the offences committed ? A.—The Lieutenant reported to me, I think, thet the of- were committed at Otah one of the Looe the fg in September 1839, nearly a year before. Throw; the w y of their cases, the court was ordered ond I in ‘session as long ‘as 1 could consistently with — Squadron. The marines belonged to the The accused's th whnews felting frimyt neg piregeetes 10 question the rhea and by whom was paper styled a re- manner—throi the Porpoise—I don’t know by pom far Mong copys person A.--I think not, sir. My answer is based that the requisitions were not usually ‘delivered ing thet w {tow ‘was Lieut. Ringgold’s approval made appa. rent A.—By his endorsement | think, as in the usual way, It will be understood that Ido not swear the requisition was approved. All requisitions should be—and all that were irregular would be sent back. Q—Did not medical requisitions usually come to you through the fleet surgeon ‘A.—No, sir—I had no fleet surgeon. Q—Did you never address Dr. Gilchrist a’’such in wri- ting? , think not. I refused Dr. Gilchrist an acting ap- pointment—because I had not the power. Q.—Was it not the generel course that requisitions for medical stores, &c., came to you through and exhibited the approval of the’ senfor medical officer of ‘the Squad- ron A—No, sir. They came to me first. I frequentl; it them to the senior surgeon to know what storee cvdit ve s,arec from the Vincennes or the Peacock, to prevent any waste, and to see that no more should be supplied than was necessary—as m al stores were ‘icularly dear in the ports ofthe Paci. papier Q.—Did you ever receive a requisition from the accused that was not signed by the Senior Surgeon ? A—Ithink [have ; Ido not think that any of the re- quisitions of the first part of the cruise was so signed. It certainly was not required. Q—State whether you have any requisitions which were made in the squadron ; if you have, state where they may be seen ? ee A.—1 am not aware that I have any such. There isa book kept in which the Clerk copied th —Was not the requisition when you received it un- der envelope, and directed to Surgeon Gilchrist ? A.—I think not ; if it was it was unnecessary ; if it had bean # should have observed it, as it would have been un- usual. Q—To whom did you deliver the requisition that it might be returned tothe accused 7 ee .—I don’t recollect, probably the Clerk. Q.—Did you not deliver itto T. W. Waldron while at your breakfast table ? A.—L have no recollection of it. I may have done so. Q—Were any Surgeons or Assistant Surgeons attached to the squadron during the cruise, who did not start from the United States? A.—None—There was a medical gentleman attached to the scientific corps. Q.—Who was the senior medical officer in the squadron before Dec. 1939, and who was second, third, fourth, filth, sixth and seventh ? A —Passed Assistant Surgeon Gilchrist was the senior Passed Assistant Surgeon Sickel the second, Assistant Sur- eon Palmer the third, Assistant Surgeon Guillou the fourth, Assistant SurgeonjFox the fifth, Assistant Surgeon Holmes the sixth, and Assistant Surgeon Whittle the jun- ior. Q.—Did any one, and if so, which, of the medical officers join the squadron as Surgeon, or with orders to act as Surgeon ? A.—None sir, to the best of my recollection. I under- stood Passed Assistant Surgeon Gilchrist had an acting appointment, and he joined the squadron before 1 was ap- pointed, and I ordered him to the Vincennes. Q.—It has been stated that you refused to appoint Dr, Guillow as Acting Surgeon to the Brig Porpoise, on the ground eet ron had no power to appoint one to that class of vessels. Did you at any time after the sailing of the squadron receive any additional powers by which you wet authorized to appoint an Acting Surgeon to said rig A.—I did not receive any such powers after the sailing of the squadron. Q—Did you not at San Francisco appoint Acting Sur- geon Fox to said brig as Acting Surgeon ? A.—He was Acting Surgeon on board the Vincennes, and went in the brig with that rank, as J did net take away his appointment when I removed him. I beg leave of the Court to state the whole facts and produce the correspond- ence between Dr. Guillou and myself. Dr. Guillou, on or about the 17th May, 1839, applied to me for the appoint- ment of Acting Surgeon to the Brig Porpoise, and Abst he wrote a letter to Lieut. Ringgold, enclosing this, addressed tome U.S, Bric Porrowe, Varanaiso, May 17th, 1939. Sm s— T herewith enclose to you an application to Capt. Wilkes for an appointment as Actin; Surgeon. pit bptfanst s, al entitled to the benefits which I ciaim at his han low me to request you to ferward it to our commander and re- commend it to his favorable consideration. If I might be permitted to add a reflection, I would say, that as the regular Congressional promotion of an ofticer to Surgeonship, gives him in all cases an Assistant Sur eon—(see ‘* List”)—it exonerates the senior medical of- Keer from the performance of the minor duties of his pro- fession ; and that it may be with a view to establishing uniformity in the duty of this superior grade, that no sur- geon is ordered to a vessel of a size not sutticient to admit of assistant, as well as pense. Tn these vessels the du- ties of both grades combined (each separately diminished but collectively not s0) are made to devolve upon the old: er members of the lower grade, most frequently ile in that state of chrysalis (after their second examination) from which they emerge to promotion. I have seen the requisite time of sea service to entitle me to this second examination. fully, {Signed} CHAS. F. B. GUILLOU, Ass’t Surgeon. To Capw'n Rixacoup, Esq. Lt. Commanding U. 8. Brig Porpoise. U.S. Baro Porroiss, VALPARalso, Fatpay, May 17th, joao. } < _ for an appointment as Acting Surgeon on board followin; ut whic! submit to your conser rm the duties of if assis ; Ist. rm the of su (not stant) as laid down fa the Rales and Rogulathons cf the Nery: be enocted into a law by Congress and read at intervals (in to thi »’s companies. Pao fessional duties assigned tome are the . That same as those formerly rmed by a full surgeon on board this same vessel while on simi duty under your ‘ command. 3d. That I am held bound by your general orders to Sur- goons and some special ones to inyself, addressed as Actin; Surgeon (while at Rio Janeiro,) in obedience to which 5] have performed duties peculiar to the grade of surgeon. Tam aware that such an appointment is not in accord- ance with the list of officers allowed to a vessel of this class ; but from reasons of which I am ignorant, this ol- lowanee has not been complied with in to any one grade on board the Brig (neither of Lieutenants nor Mas- at A, a priser en, seed ee officers) ed the o ‘ant Surgeon be that only one in which it is of necessi y binding. Respectfully, [Signed] CHAS. F. B. GUILLOU, To Cuas. Wires, Esq. ‘Ass’t Surgeon. Comm’g U. 8. Exp’s Ex ition, 8. Ship Vincennes. I wrote him this answer on the 10th June :— June 28th I received the following :— U. 8. Sure Vincennes, i ‘* At Sra, June 10, 1939. 1k 2— I have received your application for the appointment of a full Surgeon for the Porpaise. I regret that I have not authority to make an appoint. ment of Surgeon for that vessel, as she is allowed only an Assistant Surgeon, as ordered by the Navy Department. Any application you have to make therefore relative to this subject, must be addressed to the Hon. Secretary of the Navy. 1am, sir, Very respectfully, &e. [Signed] oY CHARLES WILKES, Comm'g Exp'g Expedition. To Ass Surgeon Guu.tov, Porpo! (Original in my possession.) I them received on the 34 July this letter from Dr. Guil- Jou, requesting me to forward a communication to the Se- cretary of the Navy :— U. 8. Bric Ponrorse, } Canta, July 3d, 1839. I received on Friday, June bee toa answer dated June 10th, to my application of Ge \. In accordance therewith I address to the Hon. Sect ofthe Navy, an application for appointment or (in defi- ciency thereof) nat ng as Surgeon : this I herewith en- elose and respectfully request you to forward. I was ordered to the Porpoise by yoarealt, not by the Hon. Secretary of the Navy, and if my memory serve me correctly, the papers to establish my claim, must ema- nate from you as bsg er uA ig squadron. ‘ys [Signed] PeCHAS. F. B. GUILLOU, ToCnances Witxes, E Ass’t Surgeon, Comm’g Exp's Expedition, &e I sent no reply to that, and I forwarded the communi ation to the Secretary. s This my appolstinent of Dr. Guillou to the Por- poise :— Wasmixorton City, } 12th July, 1838, Sin :— As your services will be required in New York, you will report yourself to Lt. Commanding Cadw’r Ringgold, for duty temporarily inthe ise. lly yours, [Signed] CHARLES WILKES, C RB ae Exes asi 8 .F. B. ,U. 8. N. Ass’t Surgeon Cras. UILLOU, Philadelphia. (Original in my possession.) Dr. Guillow was ordered to join the squadren at Homp- ton Roads, and I gave him that order to join the Porpoise until [saw how the officers would stand. “I then found he was in his proper place, and 4 him there without any further orders. In October, 1840, at Honolulu, an answer was received enc’ from the tment to Dr. Guillou, in relation to his application, as T believe. Q—Did you not in a written communication addressed to Assistant Surgeon Palmer, in July, 1838, before leaving the United States, give him te understand that if he was appointed to the Poppoise he would receive Surgeon's a —| He never was appointed to the brig. ave hed accepted orders: ae Porpoise would he not, in “ap Aland have received Surgeon's pay 7 —No, sir. Q—Were you not in command of the brig Porpoise, on a survey at George's Bank in 1836, and was then not a sur- geon on board, and did he not receive surgeon’s pay ? A—I wasonfhe brig at thattime. There wasa full sur- ggeon en board, and of course he received surgeon’ pay. [ he was ordered on because there were to be had, and he volunteered to go- Q—Wasnotthe ordinary allowance of officers devia- ted from in relation to lieutenants, masters, and cept on the times referred to. to suit the accommodations of the vessels. them to my clerk to write the superscript did you specify the subj charges in your despatches? if yea, produce the state- loring expedition ? ith officers, and at other times had scarcely any body in it. The e was no rule ad- hered to. Officers were frequently ordered to do duty on other vessels in the squadron than those they were attach edto. Norule could be adhered to on the service. Q.—Did not the Porpoise sail with an unusual allow- ance ef officers, and remain so, except when they were midshipmen in the brig during the ex A.—It wasat prada din Se ds detached? A.—She did, sir. They were fewer in numbér than usual. She had no midshipmen, and she so remained, ex- The officers were detailed Q.—How was this as to lieutenants, masters, possed mid- ae and forward officers, on leaving the United tates A.—I don’t recollect ; | know officers were on board, but can’t tell what. Q.—Did you ever address letters to the accused, order- ing him to survey the sick, as acting surgeon? A.—I never did, nor am I aware that it was done. I gave Q—Please to produce all orders for th aick, seen, urvey of the if you have any—if not, state where they can be I don’t know where they are; I don’t think they in my possession. I never gave him any reason to consider himself surgeon, and transmitted the whole Jeet to the Secretary to the Navy, and washed my hands of i Q.—Did you promulgate the instructions of the Secreta- ry, and how? A.—Most of the instructions were promulgated in a general order, which | can produce to-morrow merning. Q—Did not the accused request that he might be tried, verbally, as well as by writing, and how often and what replies didyou make ? A.—He ‘did so. I think his last application was in the Fejee Islands. My usual answer was that the business would be attended to when the squadron was together, if my time would permit. I don’t remember how many times he made application. Q—Did the accused ever request copies of charges ? if yea, when and what was your reply ? He did, sir, request it. [don’t recollect that I made or reply. I understood, however, from Lieutenant Ringgold, that he gave him a copy of his charges sent by me to Lieutenant Ringgold. I'was not in the habit of answer- ing his letters usually, nor any such letters when | was actively engaged in duty. Q.—Do you know, or can you fix by your despatches to the department, what was the date of sailing of the Royal George, and have you copy of such despatches ? .-~I do not know any Royal George. Q.—Did you write to the department from Sydney, and t matter of the first of these ment made respecting them ? A.—I did write to the Department, but T don’t think T mentioned the charges. Tfon'l think 1 knew anything about the charges at the time. Q.—Do you remember the date of the last despatches rai sr oy = Juper Apy.—As near as you can. Wirness—I can’t remember, I will state all 1 know to the Court, and that will satigfy the Court and the gentle- man too. Q—Can you refer to copy ep ag and fix the date ? Witness—I wish to state all 1 know on the subject I am sworn to tell all I know. I most pro, bably knew nothing avout these charges till afer- we left Sydney, so faras my recollection serves. We left Sydney on the 26th Dec. 1839. The difficulties between Dr. Guillou and Lieut. Ringgold occurred about the 10th, or prior to that, about the beginning of the month. When I understood the difficulty had occurred, I sent for him to my tent, advising him asto the course he was pursuing, and my reason for doing this was to persuade him tothin| better of the course he was pursuing, ‘This is the report R . Ringgold. At corresponding with the evidence of Lieut. Ringgold given yesterday). Lieut. Wilkes’s answer to this was read, which ordered Lieut. Ringgold to prefer charges against’ Dr, Guillou imn- mediately. ‘That is all I heard of the charges there. ‘The conversations I have mentioned with Dr. Guillou occur- red between the receipt of Dr. Ringgold’s report and my answer. I was in hopes, by Dr. Guillow having apolo- ised, to have prevented the necessity of these charges. fisaw some email articles on the requisition, which I thought ought to last a cruise, a mortar and pestle, | be- lieve, among others. I examined the requisition more particularly, and wrote a note on it in pencil, calling at- tention to it.’ I can recollect having received prior to this, some letters from Dr. Guillou direct, but I did not read them. Isentthem back, saying he must forward them by the usual channel. Tne Court then adjourned till ten o'clock to-morrow morning. New Orleans. + [Correspondence of the Herald.) New Onteans, July 25, 1842. Affairs in New Orleans—Banks—Currency—Old Ben Story—New Financial Movements—Trade— Health— Weather. James Gorpon Bennetr, Esq. :— My Dear Sir :— your valuable paper; I should say more than valua- ble; for, unless that is received at the Merchants’ Reading Room, and put on the Bulletin board, the mail is considered as a failure, and brought no news whatever. For the last five or six days the mail has failed regularly beyond Charleston, which is now satisfactorily accounted for, as it appears that there has been a great rising somewhere in North Carolina, not of the people, but of the water, which destroyed a part of the railroad beyond Wil- mington. Our State election is just over, and the demo- crats have elected their Governor by about sixteen hundred majority, but the whigs console them- selves with the idea that they will have a majority in joint ballot of seven to nine. Of this they are not so sure, as many of the old whigs that have been returned in the upper parishes, are more de- mocrats than whigs. One thing is certain,the banks ivave now got to pay or liquidate, one or the other. This community will not bear with them any longer. Since the resumption, on the 16th May last, the people hove. apt a taste for the Mexican castings, and you might as well try to pay a debt with cord wood, as to offer them the suspended bank paper. I do not believe that we will be troubled with more than three banks here next winter, viz: Bank of Louisiana, State and Me- chanics’ and Traders’, for unless the others have She they will not) specie, or its equal, for every ollar of paper liabilities, it will be useless for them to make the attempt to resume, asthe run will be tremendous. | a s Old Ben Story is about to resign the presidency of the Bank of Louisiana, and start a private banking business, in connection with the agent of Brown, Brothers & Co. here. Their business will ee cipally buying and selling bills of Exchange. They will receive deposites, and issue certificates for the amount, charging a small per centage for the trouble. England and France will have to send large tities of gold and silver here this fall, for it willbe impounble to negotiate bills of exchange to any extent, unless at a ruinous discount; conse- ently, if they send orders for cotton, tobacco, te , they must send the coin to buy it with, and by this course we will soon have plenty of specie and a sound solid currency, and every thing will sell for what it is actually worth, and no more. This community is not to be humbugged very soon again, no new institutions will receive any credit whatever, unless it is so managed that they can keep themselves in such a situation, that, let come what may, they will always be ready to toe the mark whenever it is demanded of them. I have not the least doubt all of one million of dollars has been lost by the paper of the rascally banks, and shinplasters of the municipalities, since the 16th of May, inthe way of discounts. _ New Orleans is and will continue to be a place for some time to come yet, unless Miesiesippi concludes to occupy, the ground, but at present there isno danger of that, as it is helping itself to Algiers, much to the annoyance of the inhabitants over there—the loss will not be much, however. Business with us is very dull, which in general ig the case here this time of the year; but we anti- cipate a fair fall cash trade, e West has lost nearly all of itseredit wi h ussince the recent troubles in St. Louis. The nn Foton are small, say about 2500 bales per week at the following prices :— Middling fair, 84 a 84; fair, 9} a 10; and good i 1 fair, 1cents. Tobacco dull: sales last week, 750 hil t 1} a 2 cents for Cai 84 a 33 for X, fair lots 24 a 43 cents. Sugar dull, with a light stock, at 2} 44 cents. lasses, 11 a 12 centa. M Flour $4 a $43, dull; about 300 barrels new arrived Sch abe = from Louisville. Whiskey, 14 a 15 . Ce 83 a 36 cents ; demand good, with linge orders for the northern markets, Wh t, 90 to 95 cents. P ig Lead a with a fair de- mand for Soontetion ee ce and land. Ex- change on New York. at sight, 24 a 3 per cent. discount for specie ; sixty days’ sight, 6 a 74 per it. ditto. But few persons in town at present, a large share of them having left tor the north, and a great many are to be found over the Lake, wi the hotels are but we are |. The weather is very warm, oe atic free from Yellow Jack ; he 1s not expected here thissummer. baa in my next I may chance to give a det ion of some of the performances: of oer celebrated sheet- iron band, and a littl the doings at a sii areata Yoli-atreet; #o look out, Mr. Clark, how you talk to those ladies. More anon. yen Weare nearly a week now without the sight of Price Two Cents, U, 8. Ctreut Court, Betore Judge Betts. Ava. 4— Trial , Benjamin Demeyer-—The prisoner was put upon his trial charged with purloining package containing bank bills, poy the ‘ofben at South Serhan, Greene county, of which he was postmaster. The Dis: trict Attorney, in opening the case,stated that the prisoner was tried under the law of the 3d March, 1825, commonly denominated the Post-office Law, by which it is provided that any “post-master, who shall embezzle or secret any letter that may come into his hands containing money, shall be punished - imprisonment for a term not less than ten nor espera rmaniacene years.” It will be shown, said the District Attorney, that the letter was placed in the office at Windham, Greene county, di- rected to Catskill, and passed through to prisoner's offic after which there was no trace of it Before that he had been poor, but immediately afterwards paid up several amounts of twelve, thirteen, fiifteen dollars, and higher sums that he owed. The money paid by him was the same kind as that enclosed in the letter, and in one in- stance, a particular bill which had been in the letter can be traced to his poss ion. The District Attorney called upon the jury faithfully to do its duty, but said at the same Ume it was their province to weigh such doubts as might exist. The penalty was severe, and ruin to the prisoner must follow a conviction. If deserved it, however, their verdict of guilty should be firmly rendered. JowatHan M. Martuews, (firm of Matthews & Hunt,) testified to having mailed inthe post-office at Windham Centre, Greene county, a letter containing $245, mostly in 10’s and 5's, of the Y mong which, also, was $5 note of the Onondaga Bank, which he would know again from the peculiar manner in which it was torn, and trom figures and letters which were on the back. ‘The letter was directed to Miram Hill, Cashier of the Catskill Bank, but never reached its destinati As Stowe, post-master at Windham Centre, testified that he receives ackage from Mr. Matthews on Sunday May 15th. He did not know that it contained money ex- cept from the appearance, It was about the size of a bank bill, and } to } an inch thick. Placed it in a wrapper di- rected to Catskill, and sont it on. Ham Fox, post-master at Union Society, testified that his office is about three miles from Windham Centre. He overhauled the mail when it cameto him. Reeollects see- ing a package such asdescribed. He took it up and said to a mail carrier, (Mr. Peirson,) who was sitting near him— “Boss, 1 Oued there’s quills in this.” Peirson replied, aye, so there is—this is money. The package was directed Cats- kill. Threw it in the bag and sent iton. Witness keeps a tavern, and opened the mail in a bar room, Mr. Pernsox, blacksmith and mail carrier at Uoion So- ciety, testified to having felt the package, supposed it to be money, and saw the post-master drop it in the mail bay In answer to a question of prisoner's counsel, he said did not see Mr. Fox lock the bag, although he might have done so. This was on Sunday—on Tuesday Mr. Mat. thews was along, enquiring about the money Groner Moone, the ge driver, t ing delivered tne mail to the various offices including that of Mr. Demeyer, Moses Oumstxp, Postmaster at Acra, the next beyond South Durham, testified to having received the mail on that day, but did not observe any package which created peice attention. The mail was small, and he thinks jad there been such, his attention would most likely have been attracted to it. Tromas Way, postmastor at Catskill, testified that no = letter as had been described, ever reached his office, H. Hint, Jr., Cashier of the Catskill Bank, testified to having received a letter trom Matthews & Hunt on the 16th May, enclosing $26, and referring to a previous re- mittal of $245, which, with the $25, would have been the sum necessary for taking up two notes in the bank be- longing to them, ducon that day. Knows Demeyer; never heard anything against his reputation, but heard that he was poor, Anote which he had given for $90, was dis. counted at the bank on behalf of the person to whom he gave it, but never paid. Mr. Matrnews re-called—Recognized a $5 bill of the Oieaage Bank shown him, as one he had placed in the letter. Kaxpoten Hanna testified to having paid away a $6 bill, (the one here contended to be the same) which he received from Mr, Demeyer on the 20th May, in part payment of a judgment of $3 which he held against Demeyer. G. Rickerson was paid $12 60 on the 17th or 19th May, by Mr. Demeyer, in Catskill bills, for some oats sold by him to latter. Demeyer kept a public house—one kept by another person, about three quarters of a mile off, was burnt down ort time previou! J. Stevens, grocer, testified that prisoner paid him $90 50c. on ths 20th May, in Tanners’ and Catskill bank bills. It was for anold balance, on which he had sued, got out execution, and a levy was made upon Mr. Demeyer’s pro- perty. ‘The sale was to have taken place on the 20th of April, but adjourned by request of Mr. D. to the 20th May, at which time he paid it. The District Attorney here rested. Mr. SHenwoop then addressed the court, contending that the prisoner's case did not come within the statute alluded to. He was over- ruled, end went to the Jury. He stated that he expeeted to shew that Mr. Demeyer not only was free from blame, but that from the character of Fox, if such a letter had been taken, it was most likely that he was the man who took it. The circumstances connected with Mr. Mat- thews himself, too, he considered very suspicious, and calculated to create doubt in relation to him. Joux Demeven was then called.—Is father of defendant, and has resided with him about seven years. He keeps a public house at South Durham ; is postmaster there, and also carries on a farm of about one hundred acres. Mr. Boomhosen’s tavern was burnt down in March. It was the next adjoining to that of prisoner on the side of the mountain. He was an old tavern keeper, and much of his custom, after he had been burnt ont, fell into the hands of my son, whose business was doubled in consequence. Have known my son to have money when he said he had none, and I understood he Was saving it up to pay the judgments against him, &c. Other testimony was offered to shew that siness had become greatly improved by his neighbour's loss—also that his charaster was ke. One of the witnesses said there had been an insinuntion as to his tak- ing hay from the horses rac! me time ago, but he knew nothing of such himself. There was an effort to impeach Fox, but it did not amount to much, Che prisoner's father, and his two brothers (all rather superior seeming men) sat beside him in court. ‘The case was summed uy by Messrs. Hoffman and Sherwood, in the most powerful manner, after which the Court delivered its charge. Judge B. reviewed the vari- ous points in the evidence, stated the law on the subject, said that when a letter containing money has been clearly traced to @ particular post office, the postmaster is bound ied to hav- far as Cairo, prisoner's bu- to render explanation in regard to it, He alluded in strong termsto the $6 Onondaga bill, in particular, hav- ing been in possession of the prisoncr. The judge alse alluded to the general good character of the prisoner, his being a man of family, probably this his first offence. ke. but cautioned the jury that the considerations of such however we might all sympathise with him, must not prevent them bringing in averdict strictly according to the evidence; unfortunately, recent experience has shown too many, who seem to have fallen at once from good standing to crime ; they bring, however, the suffer- ing on their own heads, and must endure the penalty. The Judge concluded his charge a little after 5 o’elock, the Court having been unremittedly in session since 9 o’clock in the rie gy The Jury retired. About half past 7 they returned with a verdict of cuiity, but recommending the prisoner to the mercy ofthe Court. The Judge said he would be most happy to attend to it, so far as in his pewer, but the low- est senjence the law will allow is 10 ears imprisonment. The prisoner (who seemed much affected) was then re- manded. Indictment of Anthony L. Frosch. —The Grand jay re- turned four bills of indictment against this individual, for perjury in entering goods at the Custom House. Tue Cask or Torrivo tHe Munpenen.—Yesterday morning, at 11 o’clock, Thomas Topping, who is under sentence of death for the murder of his wi Elizabeth, on the Ist of January last, was brought befure James R. Whiting, Esq., and Dr. John W. Francis, commissioners Appointed by the Governor to conduct an examination for the purnose of ascertaining whether or not he was ina sane state of mind at the time of committing the murder. The prisoner looked pale aad feeble, and displaye! the arme stolid indifference as to what was goi hat he evinced at the coroner’s inquest, and on his 5 Mrs. Ann S. Stephens, the authoress, who we under- stand has taken a lively interest in the fate of the prisoner and been instrum: in procuring his respite, as well a the issuing of the present commission from the Governor was present, seated along side of the commissioners, watch- ing every stage of the proceedings with anxiety, and act- ing as counsel for the prisoner. justice Matsell was also present, and administered the oath to the witnesses. Docror Joux R, McCoux, sworn—Witness first became acquainted with Topping on the 24 of July last, in the city prison, and hi en in the habit of seeing him daily, oe and evening, since. When | first saw him he complained of pain inthe side of his head anf face, which he said was of long standing, and that he was troubled with it before he came into prison. He wished meto extract a tooth, saying that always relieved him. | found his teeth sound, and treated his complaint by scarifying his , administering anodynes, and cu Rin ‘im, whick appeared to afford relief. He was muc! bititated, and I ordered a change of diet. He appears to be a man of weak intellect, and of not much education. Jonw Bana sworn.— Witness resides 244 Eldridge street, and is an undertaker by profession; 1 have been acquaint: ed with Topping ever since he came in the country about eleven years ago; we came over in the same ship ; I always found him a sober, nice man, of geod character ; Thave known him to ‘suffer from a pain in the head, yroduced by being sun-struck. I was with him ‘when be was struck by the sun, but did not know he was sunstruck at the time. 1 think it was in the year of the cholera. He was walking on the Sixth Avenue at the time, near Greenwich lane, bareheaded.— The sun was very hot, and 1 advised him'to put a hand- kerchief or apron on his head, he did not cover his head He made no complaint about his head before | lefthim. He came to my house that same evening, appeared to be per- fectly crazy, a his head with both hands, and say- ing “he believed his brains would fall out,” he appeared to hovte ween distracted. I asked himtotake a cup of tea or » but he would not. Ido not know that eny- thing was done for him at the time. He did not drink any- poses. | of house, and remained standing all the time. “1 saw him the next day, when he appeared to be easier ; | asked him if his head was better, and he said he did not know, hethen pressed his hands to his head and said he believed his head was boiling over, and that the roof of his head would = off; I have agen 4 seen him in 9 strange state of mind sine that time, wi wild stare 10 res, acti and strange ; he avery short memory. He has been in that stato of mind f to the present time. I have feerd nis late wife say more thon a/hundred times that he was not in his right mind, Ihave seen him frequenily sit- ting on his seat, apparently not able to work, and at other times walking about the house, wringing his hands aad ery ing like a bady. I have frequently heard him say he wis afraid he would lose his eye sight. I ave seen him standing at the table eating—he would not sit down, and appeared to be indifferent as to food. | was not a witness on his trial, [saw him on the day of the murder, both before and afterthat occurrence. if first saw him on that day between 9 and 100’clock, in ahouse where be was at work in Centre street, a short lance from his residence. He was at work on his seat. [had @ conversation with him, and asked him if he would let his little boy come and drivemy hearse? He said he wonld, got up and went with me to his house. I there founda woman jying in bed, and his wife, He asked his wife forthe boy. and she said he was out. We both told her I wanted the boy, and she said she would send him, then Topping and my- self went out together, and he went to his work, and I went home. He was sober at the time, and we did not drink amy together. He engaged in some light talk, said it was adull New-year’s d y, but that he would be likely to have plenty some tim nnet say his wife was drunk, but she looked as if sh drank'some, I cannot that she was drunk, or that she was sober. They ap- red to be good-natured and pleasant towards each other, Inext saw him on the same day, when word came out of what was done ; | was passing by his place on my way tochurch, and saw a crowd around his door 3 1 did not saw him in the door; the officers had arrested tum, and were bringing him away ; I did not speak to him, nor did I go to the Police vttice, but went onto church. 1 did not see him between that time and his trial; | went te the prison twice for that purpose, and they would not ad- mit me. I did not wish to appear on the trial as a witness, because it was a case of life and death; I was never eu mamed or called onfor the purpose of becoming a witne I first heard he was sunstruck on the night of the occu! rence ; he has frequently told mesince he was sunstruck that he was afraid he would lose his reason, and become unable to support his family. Conmtisce he Ancurr, Esq. ner of the city and county of cian. Has been in practice physician for ten ye I first saw Topping on the 2 january last, at the t: of holding the inquest on the body of his wife. He 9) peared to be a m: who was much bewildered in his mind, which I attributrd to fright. He was present durin, the examination of the witnesses, and exhibited a wold indifference to what was going on. I saw no evidence of idiotism in his manner, or that be did not know right from wrong. I asked him how he came to commit the murder, and he replied that ‘he did not know what come over him.” Ihave seen him frequently since, both before and since his trial. He appeared tq be a man of feeble intellect, without education, and of 1 mited means of m- formation. Subsequent to the inquest he appeared to labor under the impression that the inquest was his trial and that he was to be executed, and asked me how Jong I ; ig to fi ¢ him to prepare. He must have some ion, as | have frequently seen him reading the bible. I never saw any direct evidence of insanity in him, never saw him exhibit any indications of insanity, although he appeared to be a man of great debility of mind. [con sidered hima man of inoffensive turn of mind, and can hardly conceive how he could commit an act of violence without some powerful and exciting cause. Epwarp N. Meap, sworn.—Is a minister of the gorpel, connected with the Episcopal church. Has visited ‘lop- ping frequently since the Ist of February last. Our con- versation has been of a purely religious character. He appeared to be of a very weak and feeble mind. He told me several times that his wife appeared to him. He said, that on one eccasion he asked her, ‘* Well Betty, did I commit this murder 7” and she replied, “ Yes, ‘Tommy, ae did ;” that he then said, “ Well, then, I didn’t know it jetty 7” and that she replied, ‘1 know you didn’t, Tom- my.” At another time he said he was crying with the toothache, and that she ca: ind turned his £ eed on the pillow, and the pain immediately left him. mem appeared to be feeble, and he has never appeared to 1 the enormity of his offence. bas frequently told me that he did not recollect what ocourred on the Ist of January last atter 11 o’clock. He has never exhibited any contrition for the offence. 1 never saw him in acondition when I thought he was incapable of distinguiching right and wrong, or the difterence between amoral and immo- ral action. Jai Wurre, sworn—Witness resi street; is a carpet weaver by profession, but is now em- ployed by the corporation. Has known the prisoner for ten years, and always found hima very harmless men. I saw him about two — ince at my brother-in-law's bar. He appeared wild, and looked wild out of the eyes. 1 would not trust him to do any business, and I believed him to be incapable of doing any. Never heard him com- plain of hie head. Have heard he was sun-struck. Al- ways thought his mind was weak, and that he was igno- rant—what we call a simple man. I did not apprehend he would do any person an injury. I believe he was capa- ble of distinguishing @ wrong action from a nght one, I have not seen him before, since that day two years ago I spoke of. Evizasetn Torrinc sworn—Witness is a sister to the ping; he was born in the county of Armagh has been eleveen years in this country; { have not seen him but seldom for the last three or four years; he was asober, steady man when he first came to this country; his wife first told me of his being suustruck, and said chat his temper had changed since that time very much; he appeared to be more stupid after that accident than formerly; I was afraidthet he might become insane, and go to the asylum; he was always a weak minded man; he has put me out in the snow when I was sick, and after- wards would not remember he had done it, and would not believe it; at times he would act strange towards his fami- ly, and would treat those worst that he liked the best; never knew him to act strange when a boy; I have tre- quently seen him have strange fits, jump suddenly from Usseal, and semetimes cry and sometimes sing; once he acted very strange, suddenly bursted out crying, said he hadno home, and then began to abuse and curse his mo- ther; I have seen him in prison frequently since the mur- der, and he has had no recollection of the murder; I never knew him to mistake one member of the family for an- other; he always knew me to be his sister, Isasetta Rosents sworn—Witness resides at No. 30 Sixth Avenue ; has known Topping for eleven years ; he was a tenant of my husband’s ; for about three years after he came to this country he was steady and attentive to his family, but after that he became unsteady, and exhibited much weakness of mind, which I have heard attributed to his being sun-struck ; about five or six years ago one of his children died and he left the house previous to the fu- neral, after waiting for him a long time the procession moved, and he met it in the road and insisted on taking the corpse back to the house; he was a weak minded man, but lean’ say whether he could distinguish between right and wrong or not. RATLY. Sworn— Witness resides at 71 Thompson $s known Topping between two and three years. tenant of mine. | have seen him but three times The last time I saw him was the in month of April previous to the murder. He ‘ame to my store and passed through into my roomand satdown Without speaking to me. After he was there some time I spoke to him, and he gave me a simple answer | did not understand. My wife remarked that he looked strange. I then told him to go home, and he got up and went home. Onenight when he was my tenant, Lwas called on and found him partly dressed in the entry and threatening to kill some women. I was told he had knife. Ibelieve he knew the difference between right and wrong. I never thought him insane. n Dr. Joux Rosixsox, sworn—On the morning of the Ist of January last I saw'a mon, whom | afterwards ascer- tained was Topping ; I was athis house attending a sick girl named Kelly; f feproved the women for not follow- ing my directions, and they treated me rather harsh; Top- ping was quite courteous towards me, asked me to take aseat; he appeared sober; I noticed nothing remarkable in his conduct, except a species of over ceurteousness. Samven Davzete, sworn—Topping was in my employ about fourteen months, from 1840 up to the time of the murder. He did his work as well as he could, but he was not a good workman; he was irregular, quite forgetful, and strange in his manners; have heard something of his having been sunstruck; he was at my store on the morn- ing of the murder, about 9 o'clock ; I gave him tome money. Isaw nothing unusual in his looks; he talked about going to work; he always looked pale, had a wild vacant look, as if he was a man leboring under trouble, and never appeared cheerful; I never saw him in a condi- tion when Piiought he could not distinguish between right and wrong. [saw him in prison some weeks after he murder, when he told me he had no recollection of how it happened. 3 The Commissson was then adjourned until Monday next at 4o’clock, P. M. sworn.—Witnoss is Coro- ew York, and is a physi- at 24) Eldridge Cnatnam Turatre.—A rare bill at the Chatham to-night. Besides the tragedy of Macbeth, with an excellent cast, they bring out the interesting drama of the Miller’é Maid, Mr. Kirby sustaining the cha- ter of Giles, which he will do to the letter A CHANGE OF AIR AND OF E is not only essential to health, but a great source of enjoyment in the Summer season to the ‘residents of 9. crowded suty_ Fr this, nothing ith a JAUNT TO HOBOKEN, 10 those wh ‘York only for a few hours. ' Ie shady versified walks along the river—the juvigorating breezes from the water—the picturesque beauty of its scenery “the many Gne nd. commanding jammit of Ca-tle Point, and othe Pe romantic verdure of the Elysian excellent band of m most! hy th ws presented from the ite ¢ of Summer resort. Access is rendered easy Darcy Gamal ‘and Christopher street Ferry Boats, which ply constantly during the day ind evening. jyl52¥* PHYSIOLOGICAL |. YSTERIES AND REVELATIONS IN LOVE. M Courtship and Marrisge—on fallible Garde-Book for Married and Single Persona, In_mnatters of, the, utmost import- ance to the Human meine Beckla dy M.D. "Among the things duly considered in thas work are matters of serious importance to single and young married persons ‘The causes of and cures for Mlerility—The art of Bennty, and Courtahip—The davecr of sulieary practices, and how | it may be removed—The f Love and Jealor remedy for eradieatins he # mor ton , an unbanpy percjon thereof Feats for knowing: the sacs itermarriage—Persons who ought and ought inborn ebilcresrr moat auspicinue season for wedlock, Ar. 1 e ieets cence. For sale at 92 Nassau street, cor. of F and 459 Broadway. a2 Im REMIUMS REDUCED —The North Amerjean Fire sm Prraranes Company have redueed. chet rates af marance wires dwellings, and merchandize cos tained the “ice No. 38 Wall street, oppesite the Merchants’ Exchange. New York, July 21st, | ROBERT AINSLEE, President JOHN MeBRAIR, Secretary. rt yas wt mall “of England, Ireland BILLS OF EXCHANGE oro pore Lt any emount a asian mot