The New York Herald Newspaper, November 30, 1842, Page 2

NisW YORK HERALD. New York, W. nesday, November 30, 184% = i = News ror Evrors.—We shall publish an Extra Herald this afternoon at half past two o'clock, in time for the Acadia, which leaves Boston to-mor- row for Halifax and Liverpool. It will contain the Jatest commercial, political, fashionable, and theat- rica! intelligence. The letter bags of the Acadia ¥ lose at the post office and Gilpin’s at half past three, and at Harnden’s at a quarterto four o’clock. Case of John C, Colt—The Extraordina. ry Scenes connected with his Last Hours and Uecath, ‘The extreordinary developement made by our High Sheriff to the Common Council on Monday ', of the attempt made to bribe him with $2000 n hang Colt for the murder of Adams, the par- ticulars ot which we published yesterday, has in- ed to an alarming extent the excitement which vailed in this city on the subject ever since the extraordinary suicide of the murderer, and the firing e prison in which he was eonfined. ‘There is but one feeling in this city on the subject, and it isthat a full and thorough investigation (in nec of the word) of the whole matter be de by the proper authorities. And in order toa right understanding of the affair,let us briefly detail the marvellously singular cirenmstances that have attended this man from his sentence to his suicide. it will be remembered that the strange proceed ings on the trial of Colt, as published and comment- ed on by us, were denounced by the English papers as fabulous; and indeed they formed the basis on which the abusive article in the Foreign Quarterly Review was founded. The scenes connected with the trial and conviction of Colt were the burthen of that article. Now, let us review the scenes that have transpired since, which, to our English readers, will certainly appear entirely fabulous, and without the slightest foundation in truth. ‘The extraordinary murder of Adams, the equally strange trial of Colt, his conviction, the scenesin Court room,and around the Park and City Hall, stupendous efforts made by his counsel to pro- trial, the refusal of the three ‘the Supreme Court and of the Chancellor to grant a writ of error, and the pow- erfal struggle between the law and Colt’s influ- ential and wealthy friends for supremacy, down to the day of his sentence, are all vividly fresh in !lections of our readers. Up to the hour that sentenced Colt, it is very certain that both himself and his friends felt confident that he vould obtein a new trial. When the day of his sentencing at last arrived, and the question of a new trial became a matter of doubt, then commenced a contest between the power and majesty of the law on one side, and wealth and influence, and troops of powerfal friends, on the other, that for cunning, skill, management, desperation, recklessness, and the terrible and mighty energies of despair, has never had a parallel in this or any other land, and we trust in God never will again. ‘The contest was commenced by Colt in person, in the Court room, before Judge Kent, at the time that the Judge proceeded to pass sentence of death upon him. From that hour till the awful one in which he rushed unbidden into the presence of his Maker, every conceivable engine appears to have been employed to effect his eszape from the awful doom of the murderer. Legal ingenuity—all the quirks and quibbles of the law—letters of entreaty and remonstrance to the Public Prosecutor, the Judge, the Goversor, the Sheriff; and when these failed, letters threatening personal violence—per- haps death—to these parties, in case of refusal—the subsidizing of at least two newspapers, and the at- tempt to influence others, to publish article after every the cure a new judges of S$ & great point gained, as he then could obtain jhe means of self-destruction. Still he had hopes of escape. A letter was sent to the Sheriff, enclosing $1000 and promising $1000 more ; mere- ly to refuse to hang him. This was kept by the Sheriff'and never publicly revealed till ten days after Colt’s suicide! On the effect of thisletter and bribe Colt depended till within two hours of his death ; for, at that time he renewed his appeals to the sheriff not to hang him, promising him a new house, &c. if he would only let the hour pass by, So strong was the reliance of his friends up to that moment that he would noi die that day, that they procured no cof- fin, made no preparations for his burial, giving as a reason that they ‘did not think it would have to come to that.” All Tuesday, Wednesday and Thursday, he had been allowed unrestricted intercourse with his friends, and some one of them, doubtless, in that period, gave him the dagger with which he destroy- ed himself, and the laudaaum, scissors and penknife that were found in his cell after death. He had these, he had the $500, he had the confidence of the Clergyman that he would not commit suicide, and might be safely left alone tor any length of time —he had the promise of the sheriffthat he should not be executed till the last moment—the setting of the sun—when any accident like the firing of the prison, the opening of the gates to admit fire en- ginex, (all which did ocecur) might prevent the exe- cuticn. Thus was he doubly and trebly armed against all emergencies up to the last momeat of his life. Such was the state of affairs on the morning of the eventiul day on which he died, Friday the 18th of November, a day long to be remembered in the annals of this city. Tur Day or Corr’s Deatu.—This was a clear, bnght, cold day, that seldom occurs here at this season of the year. Throughout the city there was but one topic of conversation—the execution of Colt. Tt wasin the mouth of all, as soon as they awoke ; old and young, rich and poor, male and fe- male. ‘* What hour will he be hung ?” was asked by every one ; but no one knew the hour until they had entered the prison, and been told by the sheriff The office of this functionary was literally beseiged by persons applying for admission to see Colt hung. All but a favored few were refused. This only in- creased the excitement. Thousands declared that day they did not believe he would ever be hung.— In many places heartless men were betting heavily onthesubject. As soon agit was day-light an eager and curious mob began to collect around the walls of the prison, determined to be in the neighborhood of the tragedy, although well aware that they could see none of it. Many persons who had the entrée of the jail swallowed their breakfasts hastily, and ran down to the scene of action, fearful that they might lose the chance of gratifying a morbid curio- sity. One man actually came 300 miles to see the execution. All business seemed suspended in the city, and every one wasin the streets, enquiring if the last scene of the tragedy was over. The mob increased around the prison walls, and all sorts of noises, shouts, exclamations, and vulgar and ruffian- like observations that would have disgraced a sa- vage, passed from mouth to mouth. With the first streaks of day, and before the prison doors were opened, there was one watchful form and anxious face awaiting admission in advance of all others.— This was the brother of Colt. He was ad- mitted to the prisoner’s cell, unsearched and alone. The interview was painful and affecting; tears stood in both their eyes, but for a moment. Colt had been up nearly all night, writing a review of the Gover- nor’s written reasons for refusing a respite. He had eaten nothing, but drank some coffee. His brother soon left. Colt desired to have a barber to shave lim, and some clean clothes, that he might, as he article calculated to influence the Governor, and turn public sympathy in favor of the condemned one—petition upon petition, which men vere hired to traverse the city with, and get signatures to—a public meeting of the Bar of this city—the passage and their presentation to the Govern- ppeal upon appeal, and protest upon protest, to -cutive to commute, pardon, or grant u new to Colt—bribe upon bribe to the deputy keep- of the city prison, the Deputy Sheriff, and even the High Sheriff hims-lt—a legal (or rather ille- gal) protest to the Sheriff, threatening to hold him responsible if he dared to execute the sentence of the law upon the prisoner—appeal of the Sheriff's own counsel and own brother to the Governor for a respite, commutation,or new trial—the conveying of weapons of destruction to the prisoner,and the officia negligence which looked on and allowed this instruments of death, more than two or three, scis- sors, penknife, poison and the dagger—the hoping against hope, and the death-struggling personal ap- peals to the Sheriff at the last hour—and, finally, as a dernier ressort and terrible denowment to this ter- rif «gedy, the firing of the City Prison, and the of the condemned, in order to evade the of the law, and laugh justice to scorn throughout the length and breadth of the land! All these circumstances formed a succession of scenes, anda fearful finale, that will long live in the recollections ef the people of this city. Let us calmly and briefly review them. When called up to be sentenced for the murder, and @ d what he had to say, he with desperate energy first abused, and then defied the laws, beard- ed the judge onthe bench, and cooly said, in effect that under similar circumstances he should do the same thing over again. He went back to prison, and thence commenced his general tirade, in the shape of letters through one of the newspapers. In these he endeavored to show that he was right, and every one else was wrong—Court, Jury, Judges, Governor, the press, and indeed all and every one whodid not defend him. Still, he did not think thathe would have todie sosoon. There was the appeal tothe Chancellor for a writ of error; that failed. Then the meeting in the Park, and the appeal to the Governor—that failed. Then the other countless efforts to influence the Executive—all of which failed. Still he had hopes—the effect of bribes The first attempt was on the Deputy-keep- ers of the Prison with about $1000 each, and the promise ofmore. This failed through the integrity of Col. Jones, the principal keeper, who put him in irons. The time was drawing awfully nearer—still he sent not for the clergyman, Dr. Anthon—he still had hopes. The Monday arrived immediately previous to the Friday on which he was to die. The Sheriff stept in, took charge of him; gave a receipt for his body to Col. Jones, knocked off his irons, and put him in charge of two of his deputies, Vultee and Green. Then he had but 96 hours to live, and then the clergyman, Dr. Anthon, first commenced his spiritual exercises with him. He was apparently indifferent, penitent, ohdurate, and subdued,by turns—denied that the killing of Adams was marder—and at last induced Dr. Anthon to be- lieve that he was prepared to die like a christian— felt sure of a full pardon for his sins, and of eternal happiness through Christ—and denied solemnly that he contemplated suicide. In short, he so complete- ly deceived the amiable and credulous minister, as to use him and make him indirectly one ot the means by which he escaped the penalty of the law at last. And yetali this time he was at work to try to escape byany means, however desperate. $500 in cash was brought him; with this he offered to bribe his keeper, Vultee, and promised him much mere, only to put him into another cell, the door of which (unlike the one he was then in) could be opened by a master-key, which some of his friends could easily procure. ‘This failed. Up to this time his cell was searched, all dangerous weapons were removed, and he was permitted to see no one except in the presence of his keeper. Had this wise ar- rangement been carried out, he never could have killed himself. An escape in woman’s clothes was proposed, but refused. His brother then went to the Sheriff, got him to revoke his former strict rales, and to issue an order to his deputies to allow Colt to see his frienda alone in his cell.— said, make a respectable apreatance when Dr. An- thon called. He was very cool and collected dur ing the time the barber was shaving him; and al- though the keeper watched to see that he did not snatch the razor, there was no necessity for it; be- cause Colt still hoped to escape, and if he did not, he had his own means of seli-destruction either by him or about to be brought to him. The barber wished him “ good by” for ever, and the tears stood in his eyes; Colt was calm and unmoved. He made his toilet.‘ Now,” said he, “tell Dr. Anthon I am ready to see him ” The Doctor entered his cell; they knelt and pray- ed together to God for pardon. All this time the crowd was increasing outside, and the shouts and noisesand ribald jests could be heard by Colt in his cell. Still he was unmoved and unruffled. Dr. An- thon left his cell so overcome by his feelings that he could scarcely speak. The Sherif arrived, entered his cell, and coolly asked him at what hour he would like to be hung. ‘Not till the last moment,” said Colt. “I have a great deal to do—not till sun- down!” The Sheriff bowed, acquiesced, and left the cell. It was now 10o0’clock ; the mob outside had increased to 5,000, all noisy, and shouting, and vehement. All sorts of cries were uttered by them. Within the walls, in the jail yard, close to and around the gallows, were two hundred spectators and officers, cracking jokes, looking grave, exam- ining the gallows, pointing out the several strokes of the hatchet, each one of which had sent a murder- er into eternity, and wondering ‘how long will it be before Colt is hung!” ‘It’s very cold here!” “Yes! I wish I could get a drink!” The police magistrates were beseiged by applicants for admis- sion, many of whom they passed in, till at last they had four or five hundred inside the jail wall. Re- porters, actors, doctors, lawyers, and judges began to arrive by dozens, to see the execution, and the group around the gallows at last grew motley in- deed. Tt was nearly eleven o’clock. Within the jail all was solemn and silent asagrave yard, Colt’s coun- one o’elock. His relative, friend, and counsel, ) Selden, arrived, and entered his cell to see him—and then his wretched wife—married but an hour—lett him for the last time in this life. Colt drew her to his bosom, and kissed her passionately again and again, and followed her with his straining eyes till she passed from his sight, almost sinking to the earth. The clergyman enquired of the brother if a coffin had been brought. Ithadnot. They thought it would not be needed. The Dr. sent to his sextoo for one, and ordered a vault to be ready at sundown All this did not move Colt an atom. The coflin was brought amid the jeeys and shouts of the mob which now had increased to 10,000 around the jat!, and the excitement was tremendous, Over 500 persons had now obtained an entrance into the jail yard, and they were wound up te an intense pitch of excitement. Throughout the city the people were in apertect fever, and numbers feared that he would escape at last. It was drawing near towards two, and a bright star was seen in the northwest, of uncommon brilliancy. It was Venus, but being so unusual a sight in the middle of the day, all be- lieved it betokened something dreadful, and that it was mysteriously connected with the fate of Colt. This increased the excitement almost beyond en- durance. It was now close on to two P. M. His counsel- lor, Mr. Selden, bid him farewell for ever. He ap- peared less moved than any of his friends. Then his brother entered his cell, staid but afew minutes, spoke but a few words, shook his hands with despe- rate and nervous agony, and passed hurriedly but calmly out of his cell, and taking the arm of the wretched wife, left the jail together. “ Now. id Colt, “if there are any others here that want to wish me good by, I should be happy to see them.” | Nearly all in the prison then passed his cell door, one by one. He shook them heartily by the hand, kissed nearly all of them, and bade them “ Good by,” with God’s blessing. It was two o’clock, and all his business arrangements except the last fatal one, were con- summated. He seemed as if a load was off his mind. ‘“ Now,” said he, “ give mea watch.” It was given, and he compared the time toa minute by the Sheriff’s watch. “I have two hours‘ o live,” he said, “ and a dying man wants to k:.ow to a moment when histime’s come.” The <iergyman then went into his cell at his request. ‘ Now let us pray,” said he; and he kne’t and prayed fervently. Dr. Anthon rose and {eft him, saying “Make up your mind to die with christian forti- tude.” ‘I shall,” said Colt hurriedly ; ‘I shall die with christian fortitude.” Dr. Anthon left his cell. “Now,” said Colt to the sheriff, sternly, ‘‘ let me be left alone till 40’clock.” “ Youshall,” said the she- riff; and his door waslocked. In ten minutes it was opened again for sheriff Hillyer to take leave of him. Colt rebuked them for disturbing him, kissed Hillyer, exclaimed, ‘Good by—God bless you,” and turned away. ‘‘ Now let me,” said he, “ on no account be disturbed till four.” It was promised, and his cell door closed on him for the last time in life. This was half past twe. The mob increased inside and outside the jail—so did their noise. Some talked of the star—some of Colt—and all looked for something strange to hap- pen. Within the jailthere were forty persons, offi- cers and doctors, all silent as death—nearly all say- ing that Colt would commit suicide—but all wonder- ing how he would doit. In Colt’s cell all seemed still asdeath! Three o’clock came—the suspense was terrible—half past three—the excitement was of a frenzied character—quarter to four, and the mob seemed about to break into the jail—the sheriffs put on their death livery—five minutes to four—the time’s up—bring him eut--now he’s coming—where’s the cap and rope ?—the cell door is slowly unfastened and opened— in stepped the parson, and,merciful Pro- vidence, whata sight met his glazed vision—there lay Colt, stretched out on his back on hiscot, wel: tering in his blood—warm, butdead! He had stab- bed himself to the heart—atter feeling for the exact spot, and laying himself out as carefully and com- posedly, as a nurse would a dead infant. “My God,” said the sheriff, “he’s dead!” Dr. Anthon reeled into an adjoining cell, and fainted away. “‘He’s dead,” said the doctors below, as they rushed up stairs into his cell, and felt for his pul- sation. “It’s all over,” said they ; “let the coroner take charge of him.” And the coroner closed the cell door on the murderer and suicide, with the knife still sticking in his heart. Butthe last scene of the drama was yet to come. At that moment the jail was discovered to be on fire. The excite- mentresembled madness. The mob outside raved togetin, not believing him dead. Those inside, raved to get out, fearing they should be burnt to death in the jail. The fire bells sent out their shrill and alarming tones—the mob yelled—the prisoners in the cell screamed—the women shouted murder— ene maniac convict cried out “Burn away—hell is broke loose at last,”"—the large cupola of the jail was one sheet of flame—the fire engines and fire- men clamored for admission to the jail—the gates were opened—in rushed an engine, right over the platform of the gallows—in came the mob—out rushed others—and the shrieks,and yells, and crack- ling and curses, and screams, and shouts, and noise and confusion that ensued,never have been equalled since the burning of Babylon. At last, in an hour, the flames were subdued, the mob turned out, the gallows taken away, the watchmen put on duty for the night, and preparations made for the coroner’s inquest, which was concluded about midnight. And thus ended one of the most eventful days that New York can exhibit in her entire history. But although Colt lay a stiff and stark corpse in his ceil, numbers as they went home to bed reluctantly that night, declared that they believed Colt was still alive and that the whole thing was an exhibition got up to sel, Emmett and Graham, arrived, and entered his cell, unsearched. They told him they had come to bidhim good by for ever. He received them cor- dially and calmly, shook them by the hand, said he was ready to die, like a Christian, and took his leave of them: They left his cell, each bathed in tears. Next came one of the most extraordinary scenes ever witnessed. His brother returned, bringing with him Caroline Henshaw, the girl whom Colt had seduced, and the mother of his infant, to be married to him in his cell, with John Howard Payne, the dramatist, fora witness. They entered his cell.— Awful scene. Then Colt tas moved. His intended bride fell on his neck and wept bitterly! He strain- ed her to his bosom, and kissed her passionately. — Dr. Anthon was called into the cell, and thea began that grave yard bridal ceremony. Colt stood up in the centre of the cell,the girl by his side, their hands clasped, his eyes bent first on her, and then on the drawer containing the instruments of self-murder; the Parson began, “Wilt thou, John C. Colt, take this woman to be thy wedded wife,d&c. &c., tolove and to cherish as long as you both do live, or until death do you part?” The brother, his two lawyers, the Parson, the dramatist, a poet and a police ma- gistrate, were the witnesses, with the jailer looking in on them, and rattling his keys. God of Heaven what a bridal. It was now high noon. In four hours he wasdoom- ed to die a felon’s death on the gallows—the scaf- fold could be seen from the windowsof his cell— his wedding prospects were a horrid and speedy death—that cell was his bridal chamber—the mar- riage portion of the bride, besides convulsive sobs and tears, was $500, which the jailer had refused to take asa bribe—amid the pauses of the Parson's voice could be heard the shouts and ribald scoffings of the mob—all but Coit were almost overpowered by their feelings—he alone was calm and unmoved —the sun streamed into the small window of hiscell —he never was to see that sun rise again in this life—yet he wascalm. Such was his first and last bridal on earth. All left his cell but his newly wedded wife; ano they were then locked up alone together for nearly an hour, whilst some few of the more reckless with- in the jail were paseing round sneers and remarke very unworthy the time, place, or occasion. It was prevent his execution, and to set all law and order at defiance! Take it all together, the murder—the boxing up of the body—the alleged salting of it—the trial— firing pistols in Court—cutting off the head, and bringing the scull of the dead man into Court—the sentence, and defiance to the Judge—the Park meeting—the threat to arrest the Sheriff—the mo ney that seemed to flow like water—the various bribes—the mock piety—the holdi sort of levee in the cell the day of the execution—the horrid marriage—the shocking suicide—and the burning of the jail, all combine to form a history that throws fable and romance for ever into the shade ! fry We continue to-day the celebrated trial of Joshua H. Smith, for treason inthe revolutionary war. It will probably be concluded to-morrow. It is one of the most important historical documents ever published. Gung To Straneers.—It would be a capital plan to have the names of the several streets painted on the glass of the gas lamps throughout the city.— Strangers could then find their way along the tho- toughfares with more ease and facility than they now do, Who will think of this t Sxow.—Onr winter has began in good earnest.— Snow in large quantities has fallen north of this from Maine to Towa. There were eight inches at Springfield, ‘Illinois, on the 18th inst., six inches at Keokuck, Iowa, several inches in the northern part of Indiana, and two feet in the western part of this State. A Finisner.—The weather on Monday and yes- terday to the canals. Immense quantities of pro- duce shut in. Fo.iy.—Tennessee will again be unrepresented in the United States Senate at the ensuing session.— How long is this folly to last ? Sreampoat Desrrover—The Mississippi River.— Nonpareil, a fine steamer, worth $20,000 has been snagged and totally lost at the “ Grave Yard.” We have the loss of a steamer to chronicle every day. Sap Arvain.—The elegant mansion honse of John Tredwell, Beq., at Hempstead, Long Island, was burned to the ground last Saturday night. 1] Postponement of the Prize Fight Trials, Wire Prats, Tuesday, 4 P.M. James G. Benner, Eso.— At the opening of the Court of Oyer and Ter- miner this morning, Sacem Durcuer, Esq., counsel! for Dr. Cauldwell, presented the following affitavit to the Court:— Wesrcnester Oven ano Tenminer.—Hugh Cauldwell —— $e. ads. the People.—Westchester County, ss. —Hugh Cauldwell, the above named defendant, being duly sworn, deposes and says that he has been, and now icted for manslaughter, on account of having been at at Hastings, ia Westchester County, at a prize wherein one Thomas M. , was kill is al- that this deponent has fully and fairly this »to Salem Dutcher, of the city of New York, a coun- sellor at law, and deponent’s counselor in this cause, and , thet he hasa good and substantial defence therein on the merits, as he is advised by his said counsel, and verily be- lieves to be true. “ And this deponent further says that he has also fully and fairly stated to his said counsel, the facts and circum- stances heexpects to prove by James Sanford and Henry Shanfroid, Patrick McGuire, and James Campbell, wit- nesses for this deponent in this cause; and that the said James Sanford and Henry Shanfroid, Patrick McGuire, and James Campbell, are and each and every of tham, is @ material’ and necessary witness for this deponent on the trial of this cause, as he is also advised by his said counsel, and verily believes to be true, and that without the testimony of each and every of said witnesses, he cannot safely proceed to the trial of this cause, as he is also advised by his said counsel, and very believes to be true. “And this deponent farther that the said James Sanford and Henry Shanfroid and Jimes Campbel!, re- side in the city of New York aod the said Patrick McGuire in Brooklyn, that all of them were gor? at the time of the fight, which resuite! in the death of the said Thomas McCoy, and were particularly acquainted with ail this deponent said and did on that occasion, and the causes and reasons which influenced the conduct of this deponeut therein. “ And this deponent further says, that he hs made dili- gent search and inquiry for the said James Sanford and Henry Shanfroid, Patrick McGuire and James Campbell, ever since this deponent was apprized of the indictment against him, but has been unable to find either of them— that he has Been informed and believes it to be true, that they or one of them, is now or lately was in the city of Baltimore, in the State of Maryland, or in some other part of the country not now accessible to deponent ; an one ofthem, Patrick McGuire has gone to Canada, and that the return of all of them tothe city of New York, may be relied upon to take place within a few weeks from the present time. “And this deponent further says, that he is a regularly licensed practising physician in the city of New York, and has under his care and direction a number of persons of both sexes, sick with various diseases, and to whom his absence might be of great damage—that ‘he is the head of a family, and that any absence from home excepting for a very short period of time, would be highly detrimental to him. “« nd this deponent further says that his presence at the place of said fight, when it took place, was not procured or effected by any arrangement or design on behalf of said McCoy, his seeonds or any other person; that deponent was there as a mere idle and indifferent spectator, and not in his professional capacity, and that whatever services deponent rendered in his professional capacity were whol- ly unexpected and unlooked for by him, and were com- pelled,as well by feelings of humanity as the repeated and pressing entreaties of the said McCoy and his friend«— that deponent did all in his power to alleviate the suffer ings and save the life of the said McCoy, and had no rea- son to anticipate a fatal issue to the combat in which he was then engaged until it was too late to save him, and that deponent had good reason to apprehend serious per- sonal injury had he refused todo what was required of im. “And this deponent further says that he wes in no way interested in getting up the said Sight, and that he had no in- terest whatever, in any kind, in the result thereof ; that he made no bets, and took uo active part therein ; that he had no reason to apprehend a fatal issue of the combat, and did not, up to the last moment, suppose or believe that the life of Thomas McCoy was at all in danger, and that after it became evident to this deponent that McCoy could not win the fight, he did all in his power to prevent acontin- uanee of it, and seriously and earnestly endeavored to per- suade the friends and backers of McCoy to take him away, and give upthe case ; but that George Lai ing, who was the backer of McCoy, and the party most largely interest- edin the result thereof, at once silenced deponent, and did not, or would not, allow deponent further to interfere, oreven speak his sentiments on the occasion. H. CAULDWELL. Sworn before me, this 29th of Nov., 1842, Cuances H. Ruaaves, Circuit Judge. Mr. Dutcusr ina few remarks to the court, in re- oly to the District Attorney, sustained the position of the affidavit, when— Judge Ruaetes stated that he thought there was no reason to apprehend that either Sanford or Sian froid, whose names are introduced in the affidavit as material witnesses, would appear in Westchester county unless brought here by the strong arm of the law, and that their participation in the prize fight was such that if they were indicted for murder, and it was proved that they had urged and incited Mc- Coy forward, it would prove to be a serious affair. He thonght, however, that the presence of McGuire or alle by Dr. Cauldwell was ground suffictent ta allow his case to pass to the next Court of Oyer and Terminer, and it was so ordered. He was then admitted to bail in the sum of $2,500, which was immediately entered. Mr. Durcuer then stated that as counsel for Ja- cob Somerindyke and Charies Riley, also indicted for the same offence, he was ready to proceed to trial at once. - District Attorney Netson replied that unless all the defendants were ready, he thought it not best to proceed with the trial of any one or two, and he would therefore throw out an intimation that it would be advisable that a special Court of Oyer and Teriminer should be held for the trial of all these causes between the present and ensuing term, to_be held at White Plains in April next. Counsellor Vooris stated that he understood an ee would also be made for an extra session ol the Circuit Court, in order to try the water cases against the Corporation of New York, arising from damages received by persons in this county by the freshet in the Croton in January 1840. " Judge Ruaees replied that it was not in the power of the Circuit Judge to order an extra session of the Cireuit, although he could of the Oyer and Terminer. 2 Counsellor Tomrxtns stated thet he understood it was the intention to A the Legislature early in itssession for a special enactment, authorizing an extra session of the Circuit Court for the trial of the water cases. * : Sire Judge Rueaurs said that if the District Attorney felt disposed to {rime new indictments against the prize fight parties for manslaughter in the fourth de- gree, they could be tried atthe General Sessions. Counsellor Lyow said that the defendants did not desire any change in the place of trial, and that he, as counsel for Joseph Murphy, was about to make application for the postponement of his cause to the next Oyer and Terminer, and also that he would see Winchester, who was in prison, and perhaps the same disposition would be made of his case. Before the closing of the Court, Mr. Lyon present- ed the affidavit of Joseph Murphy, asking for a post- ponement of his trial to the next term of the Court of Oyer and Terminer, on account of the absence of material witnesses, and made a similar applica- tion on the behalf of John Winchester, now in pni- son, who expects to be bailed out. ae. __ Davin GRAHAM, ge made the same app'ication in the case of Joha Harris, and the District Attor- ney said that he should not oppose any application for postponement, under existing circumstances. he Court therefore ordered that all the prize fight cases should pass over, and intimated that en extra session ef the Oyer and Terminer would pro- bably be held in February next. Sullivan, McCleester, and Kensett will probably be sentenced on Saturday, when I will immediately send the result by express. The impression is that the recommendation to mercy made by the jury in rendering their verdict, will operate on the minds of the Court sufficiently strong to prevent either of the parties from being sent to Sing Sing. The jurors themselves assert that this was the spirit of their re~ commendation, and several now say that they would not have returned a verdict of suits had tiley sup- posed the Court would impose such a punishment. They will probably be sentenced to imprisonment in the couney, yal for some months, with a fine in addi- tion, to indemnify the county for the expenses in- curred in the trial. r The Prize Fight Trials being terminated,I present you the following particulars of a case that has oc- eupied the court since yesterday afternoon at 4 0’- clock, and which may be aptly classified as A Pitch Fight Trial, Or, Seraration or Man anv Wire. The parties are Charles F. Miller, of Little Falls, New Jersey, a A genteel, good looking young man, and Joh W. Mills, Esq., Attorney at Law, of the town of While Plains. The difficulty originated in an attempt to separate Miller and his wife, at Sing Sing, in March last, and which created quite a sen- sation at the time. Miller and Mis there came in collision, and the latter received two blows from the former, that left a mark yet to be seen. Miller was indicted for assault and battery, and by the consent of a Supreme Court Comissioner the case was brought to the Oyer and*Terminer for trial. Miller and his wife have been married about seven years, and have mostly resided since at Little za Ee bh 4 ba is the day ae ent — ve ack wel of the town of onkers, Lemuel Wells also of that town, deceased, . In the latter part of February last she left her home ia New ersey for the purpose of attending t! neral e uncle at “onikern and yes her eae | ogee a few afterwa' wl rn Wi} hum: olleging asa pind although the world might suppose they lived , yet they did not, and when questioned closely, she made an affidavit in which she alleged that her husband had forged a note for the sum 2 — in ie ne her favor, porting to have en signed by mo el Wells, ioe deceased ‘hat since then he had threatened her that if she told her friends at Yon- kersthat he weuld kill her, and presuming that he was aware she had told them, she was afraid to re- rurn with them. Miller, finding it was impossible to induce his wife to return, obtained a writ of ha- eas corpus, and compelled the attendance of Mra. H. Wells, the aunt of , Mrs. Eliza J. Blackwell, her mother, and James H. Blackwell, her uncle, before Supreme Court Commissioner Lockwood at Sing Sing, on the first of March, to show cause why she was detained by them, and not allowed to return to his home. A Warrant was is- sued for his wife, and the parties appeared, atteaded by their respective counse!— W. Tompkins, Esq. for her relatives and herself, and counsellor Vooris tor Miller. The whole town was in excitement on the subject, and parties were formed for and against Mi! ler, and nothing was talked of or thought about during the day but the contemplated attempt to separate man and wife. The partis were heard before the Commissioner, and the wife alleging that she was not restrained in her person by ker relatives, but was lett free to f° or stay as she pleased, she was dismissed, as the Commissioner stated he had no jurisdiction in the case, alter such allegation on her part. She there asserted that she would not return home with him, and gave the reasons stated above. Miller and his wife being left alone, in company with Mr. Lock- wood, he told her she must go with him,and taking her in his arms proceeded to carry her trom the par- lor in Tompkin’s Hotel, at Sing Sing, to a one horse waggon, that had been placed at the door by his di- rections. On passing out, Mills, the complainant in this cause, who was present as assistant counsel for the friends of Miller’s wife, was standing near the door, when Miller said to him ‘stand out ef the way, damn you, take that,” and followed the werds with a blow thatstruck the left side of the nose of Mills, and started the claret in great profusion. Mil- ler then placed his wife, who had fainted in the ex- citement, in the ‘on, and she feli down into the botiom of the vehicle. Mills, notwithstanding the first blow, d round to the opposite side of the wagon, while some of the other persons present were detaining Miller, and raised the wife up in his arms to take her into the hotel. Miller met him in this position, drew off fair and square, and levelled Mills to the ground with another blow that fell upon the right side of his proboscis, and left him perfectly unconscious, as he stated on trial. The wife was then taken into hotel in a state of insensibility,since which time we understand she has resided at Fair- field, Connecticut, and still refuses to live with her husband. A. L, Jornan, Esq., of New York, appeared for complainant, having been employed by Mrs. Wells, the aunt of the wife, and Counsellor Voorts, of Sing Sing, for defendant. These gentlemen are both long-winded four mile members of the bar, andevery movement was contested as closely as though the fate of nations depended on the resuit. The affidavit made by Miller’s wife at the time she was brought before Commissioner Lockwood was introduced on the trial by prosecution. It had not been read before the Commissioner, having been objected to by Miller’s couasel. This affidavit charges Miller with ill-treating her, and also that she saw the note purporting to have been drawn by Lemuel Wells, deceased, in favor of her husband and herself for Fa which note she alleges was a forgery, and that Miller stated that he had copied the signature from that written on an old check, then in his possession, signed by Wells. She also states that Miller alleged that the note had been drawn in her presence, and when she replied tohim by saying that if called upon to prove the signature, she would be campelled to tell the truth, and expose Bina he said “he would hurl her to hell if she id? The defence allege that the relativesof Miller’s wife had formed a pasty to prevent her from returning to her home; that he had always treated her with kindness, and that the matter relative to the notes ae a forgery, was a mere pretext, trumped up by her friends'as an alleged eause for their separation; and finally, that he, as her hus- band, had a perfect right to compel her, by all pro- per means, to abandon the association of those who were of desirous alieniating her affectionfrom home, was therefore justified in resisting Mills when he in- terfered to prevent him from taking his wife from such associations. They will also contend that the note io 3) 000, purporting to have been signed by Lemuel ells, was genuine, and will be so shown when the time for payment has passed. This note is made payable in about nine months from the pre- sent time, and it is supposed that the wife of Miller, who is now in Cennecticut, intends to obtain a di- vorce in the meantime, in order to appear as a wit- ness to prevent the payment of the note and prove it to be a forgery. The estate of Mr. Wells is of great value, and hence, perhaps, all the difficulty has originated. There are two parties formed, in and out of Court, on the subject, and the result Twill send you as scon as the trial is terminated. Thisis the last crim-nal case that will be taken up, and the civil causes will immediately follow its termination, before Judge Ruggles, of the circuit. Theatrical—Musical. Tae Brauams’ Concext.—This concert, previous to a sojourn south, comes off to-morrow evening, at ‘the Society Library rooms, The programme, to found in our advertising columns, is rich. His son Charles sings with him. Since his last visit here, the son has had a good deal of experience and training. The Montreal papers spoke highly of his talents. We'll see how he comes up now. Max Bourer’s Concert will be given on Thurs- day evening at the Tabernacle. It is useless to sa) a word in favor of this great artist on the violoncel- lo He stands unrivalled. It is unfortunate, how- ever, both for Braham and Bohrer, that they hap- pened, unwittingly, to select the same evening for each other’s concert—and at places, too, in the im- mediate neighborhood. Siaxor NaGet.—This great violinist, with his la- dy, left year ey in the railroad train for Philadel- e He will not, give concerts for some weeks. ie may remain a few days at Philadelphia, and a week at Baltimore—and then probably spend the winter at Washington. The Russian Minister, M. de Bodisco, isan old frend and patron of Nagel’s, and he will no doubt visit his Excellency’s chateaw at Georgetown. Nagel will then go south, stop at Charleston—perchance make a trip to Havana—re- turn to this meridian in April or May next—give farewell concerts in the three cities, aad then return to Europe. His father-in-law, who has just died in Stockholm, has left Madame Nagel, who is an only child, a large fortune. Mrs. Surroy —We understand that Mrs. Sutton, the greatest soprano among us, is preparing. six or eight operas, taken from the compositions of Bellini, Denizetti, Koseini, and other famous masters. Mr. Sutton, who possesses considerable literary talents— a perfect knowledge of the Italian—as well as of music—is now engaged in translatiag into English several of the most popular operas of the modern masters—and his purpose is to bring outa series of lata to be Hepa thttha bods in Ttalian and in nglish, in which he himselt may take apart, orsu- perintend their getting up in some shape. It has al- waysbeen a strange thing to us, that the Suttons, the Seguins, De Begnis, hrivall, Latham, and the other vocalists among us, who, by a friendly com- bination of all their talent and power, could pro- duce a series of operas, capable to carry the elite by acoup de main, yet by the quarrels 4 se ae among themselves, continue to labor and toil to no purpose separately. Editors may quarre!, because they live on war and discord—but vocalists can only succeed by union, harmony, concord, and fellow feeling, all round. ‘Tus Seauin Trovrk opens in the Chesnut theatre on Saturday night, with the ‘Israelites in Egypt.” Go to bed, Tom. Forrest, the sublime, and Crrrron the magnifi- cent, are playing together at Albany. This is a strong team, wherever they go—they weigh pro- bably 500 pounds avoirdupois, with a tull proportion of soul to animate the raw materials. Mr. Jas. G. Benner. Deak Str— For more than three years we haye been subseri- bers to your paper, and during that time have suffer- ed. TS ese or less,) a regular persecution, from some half dozen of our very respectable neighbors, who re toe mean to pay for (but not to borrow) the erald. This nuisance has now got to be so intolerable that forbearance is no longer a virtue, we are constrained to beg a few editorial remarks on this subject, which will greatly oblige ‘ATER, NEAR —— STREET. @Deatu or Rosert Surrn.—The Baltimore papers announce the death of the venerable Robert Smith, at che advanced age of eighty-five years. He was respected by every one. Pmares at Havana.—We learn that the authori- ties at Havana have fitted out all their disposable force to go in search of pirates, some of which were infesting the south side ofthe Island. An Ameri- can vessel had arrived at Matanzasfrom St. Domin- go that saw two vesselsat that port that had been robbed by them. From Trixipap.—Our advices are to the 3d inst. American produce was dull of sale, and flour was selling at $8 a barrel. Emigration continued brisk. Eastern Man..—It was detained yesterday in consequence of the ice in the Thames, and the heavy wind on Monday night. Harden and Adams, however, supplied us with plenty of Boston papers. They came through, ice or no ice. Naviaation of tae Hvnson.—This river is un- doubtedly fast down as far as Hudson, So it will probably remain till next sprin: Navar.—U. 8. steamer Missouri and sloop-of- war Falmouth, were at Vera Cruz on the 8th inst, Cox.'Wess.—Gov. Seward has granted a full pardon to Col. Webb. We give it below, to- gether with a card relative thereto:— A Canp.—In justice to the Executive. I place before the public the following official document ; and I desire to avail myself of this occasion, to express my grateful ap- preciation of the generous sympathies exhibited by my Friends and fellow-cltlzens, both here and in othed sec. tions of the State, pending my recent incarceration, ‘To my contemporaries of the Press of the country, with important exceptions, and to the great body of my political opponents, my heartfelt acknowledgments are justly due, and in all sincerity most cheerfully tender. ed; and although [ am conscious that it was the principle involved in my case, and not a mere personal fecling—a natural horror of persecution of every kind, and not re- gard for the individual perseouted—which has roused the sympathies of the community in my behalf, cannot but feel that I owe to those sympathies,-and to the love of jus. tice whence they eminate, the triumphant justification of the Executive for his prompt interposition of, the m- ing power. J. WATSON WEBB. @ New, York, November 29, 1842. Tax Prorie or tnx Stats or New Youx : To all to whom these Present: shall come : Whereas, at a Court of General Sessions of the Peace, held in and for the City and County of New York, in the month of N vieted uf ceiving ing this State for the mete of giving or re- challen, to fight a duel with deadly , and giving or receiving such challenge, i thereupon sentenced to be imprisoned im the State Prison at hard labor for the term of two years; and where- as. ay unconditional pardon is solicited in behall of the said James Watson Webb, by the Court, by the Grand Jurors, by the Mui 1 Councils, by the Oflicers of Jus. tice in the said city, and by many good and worthy ci zens of this State, because he was not the challenger the said duel; because the challenger, though holding a high representative trust, has not been brought to justice and is not amenable to the laws of this State; because the combat was not mortal, and the challenged party sincerely manifested a determination to avoid depriving his adver- sary of life, and he was unharmed; because the said James Watson Webb voluntarily submitted himself to justice and confessed his offence, waiving all advantages of legal defence; because although the practice of duelling is in wanton and flagrant violation of Divine laws, and is in- consistent with the morality and humanity which ought to distinguish a civilized people, and has, therefore, been forbidden by the laws of this State with ferfeitures, paing and penalties, through a period of nearly forty years, and the Attorney General, Judges and Grand Jurors have been expressly required to bring all offending to con punishment; yet, until now the moral sentiment prevail- ing among us, has not adequately sustained those laws, and all persons who have offended against the same remained unmolested, except three, who, after conviction, received pardon through the hands of our former Chief Magistrates, and many of such offenders have been raised by their fellow-citizens to high Executive, Legislative and Judicial trusts, wherefore it is rep to us that it would be partial and unequal to enforce in the present case penalties which may have been regarded as obsolete; and that the said James Watson Webb is therefore deserv- ing of our clemency :—Now. therefore, know ye, that in coosideration of these premises, but upon the express con- dition that the said James Watson Webb shail not, while he remains a citizen of this Stete, violate any of the laws designed to prevent duelling, nor by any act aid, assist or abet any such violation, nor print or publish any justifica- tion or defence of the ‘practice of duelling, or ab) with intent to advocate or uphold the sane, we hi doned, remised and released, and by these Presi pardon, remise and release the said James Watson Webb, of and from the offence whereof, in our said Court, he stands convicted as aforesaid, and of and froma] sen- tences, judgments and executions thereon, hereby re- storing to him all the rights and privileges of citizenship forfeited by him, in consequence of the said offence or the said conviction. In testimony whereof, we have caused these our letters to be made Patent, and the Great Seal of our said State to be hereunto affixed : Witness, Wittam H. [v. s.] Swann, Governor of our said State, at our city of Albany, the twenty-eighth day of November, in the ear of our Lord one thousand eight hundred and iorty-two. Signed. WILLIAM H. SEWARD. Passed the Secretary’s Office, the 28th day of November, 842. Signed. S. YOUNG, Secretary of State. City Intelligence. Anarst ror Fars Paetexcy.—Solomon Lauzenberg, well known to many of our merchants in consequence of several business transactions that he consummated in the spring of 1840, was yesterday brought to the Police, on complaint of the firm of Foulds, Stobo and Co., Importers, of 79 Maiden Lane, who allege that on the 30th of April, 1840, he swindled their house out of $260 worth of dry goods by false pretences, after the following manner :— Lauzenberg, in company with M. Moran, a dry goods dealer at 78 Chatham street, at that time came to the store in Maiden Lane, where they represented that Lauzenberg was a man of wealth, and had purchased Moran’s stock in trade, and was going on with the business at 75 Chathem street,and would pay e bill of $391, which Moran owed the firm of Foulds, Stobe andCo. Lauzenberg on these representations procure. the delivery of a bill of goods amounting to $260 by Foulds, Stobo & Co. at the Chatham street store, there being a condition in the sale, however, that unless Moran’ bill of $801, ang the bill forthe goom then purchased, were paid for on the next day, Foulds, Stobo & Co. were to take possession of the goods egain. The next day the store in Chatham street was found to have been stripped of its contents during the night, and both Vauzenberg and his friend Moran had departed for parts unknown. A few days since Lauzenberg returned to the city, and was arrested as above stated, and fully committed to an swer the chi Serctas Sessions —This Court met yesterday, and en- tirely swept from the Tombs all the small’ potatoe 7 ious ro@dies and disorderly loafers that er ed min Bae Jess than twenty-nine of them to Black wi jand for periods varying from two to six months. Drownev.—The body of a long-shoreman, named Daniel Coleman, a native of Ireland, a 30 years, was yesterday morning found drowned in Old Slip, he having accidentally fell overboard on Monday evening. Ano in- quest was held on the body, and a verdict rendered in ac- cordance with the above statement. A Brack Sucken.—A negro dock loafer, named John Hudson, yesterday stole a barrel of ram belonging te Na- thaniel C. Ely, from the corner of Front and Depeyster streets, and had toted his newly acquired stimulant a con- siderable distance up to-vn, when he was arrested brought before Jnstice Gilbert at the Upper Police, who committed him to the Tombs for violating the cardinal maxim of the teetotalers— touch not, taste not, hi not. Cuanas.--The New York and Boston Railroad line via Norwich and Worcester, leaves Peck Slip, East River, instead of Pier No. 1 North River, as heretofore. {x Mons. Le Torr, the famous French equestrian, has arrived in town, and we understand will shortly appear at the Bowery Amphitheatre. CuaTuam Turatre.—An excellent bill is offered for this evening. The much admired drama of “Eugene Aram,” will be performed in the usual superb manner of this theatre. Those who have not yet witnessed the magnificient spectacle of “Hell on Earth,” have an opportunity of doing so to-night, when this highly successful play will be produced in all its wonted grandeur. The beautiful play ot the “Children in the Wood,” 1s also to be performed, Mr. J. R. Scott sustaining the character of Walter. re: OG> Tue Cievs.—There is no amusement that suc- ceeds so well as the Amphitheatre in the Bowery. Every other place of amusement is comparatively deserted. QG> These cold winter di and nights, while the theatres and other places of public amusement are but thinly attenued, it is quite a treat to call into the Ameri- can Museum and see the large and fashionable crowds always found there. The whole of that immense build- ing is comfortably warmed, and every attention is paid to the wants and comforts of the audience. The per- formances by the laughter-provoking Miler erry = 8 then other performers, are of the most laughable, bf ing, and talented description, and together with half a million of curiosities, make the best variety of valuable attractions to be found in New York. There will be splendid performances there at three o'clock this after. noon. OG- The New York Museum has always possessed the reputation of being patronized by as select an audience as any other place of the same description ; every thing is conducted with so much decorum, the utmost propriety prevails, and improper persons being rigidly excluded, suffiarently accounts for it. The price of admission be- ing reduced, has not at all effected the character of the es- tablishment, nor are its class of visitors changed, for the very same persons who patronized it at two shillings now attend it at one. Signor Blitz and a host of other attrac- tions are presented. There will be a performance to-day, at 8 o’clock. A Aston.—Mr Thomas, Boston ; | Hen: land ; Mr Livingston, Steten Island ; Mr ford ; G Beach and Lady ; Thos L Boyd, yens, Bordentown s Mr Cheater Harding, Renaselaer, D Bernard, E G Delay Hon P Tallmadge, J M Alden, Albany ; 8 W Goodridge, tye mld Hubbell, § F Baker, Phils ; M$ B Chaplain, Cam| ridge; J Hopkinson, Phila; Jus Green, Alexandria, DC ; 8 K La- throp, Mr Savage, H Baley, Mr Godman, Boston, WH Bruce, Baltimore; G D Balfour, 8 Day, Matanzas. SL Gorham ; Mr. Van Arsdele, N Brunswick. EAST INDIA HAIR DYE, is warranted to color tnoBaie alight brown or jet black, by only one bead tion. Whiskers can be colored by only one application likewise. These facts can be shewn by any ene who will eall at 71 Maiden Lane, where the article is sold. OG EVACUATION DAY HAVING BEEN UNWA. rily selected for the delivery of Professor Wright's first lectureon the English language, has been the canse of its postponement to Wednesday, this 90th inst,