The New York Herald Newspaper, January 19, 1844, Page 1

Vol., X. No. 18.—Whole No. 3588. NEW YORK, FRIDAY MORNING, JANUARY 19, 1844. Court of ,Oyer and Terminer. Before Judge Kent. ’ Jury in the case of Leitga, the German. ion Ursaged with the murder of his wife end arson of hisstire, into Court’ yesterday meming, with a verdict of not guilty. Leitga was then for the same offences, was then Gist ik cage ae ys District Attorney, with the con: of the Court. Hiams, who was cont of nt in ‘State prison for twenty-one years x wit hout evin- sing! of emotion, and responded with the Sit ee tion *J—s C———t, they have given it to me new, haven't they !” General Sessions. Before Recorder Tallmadge and Aldermen Pardy and Vandervoort. Esq, Acting District Attorney. THIRD DAY. Janvany 13.—Trval of Amel Norman for Assault and Battery with Intent to Kill- Henry S. Ballard— ‘This trial was continued this morning und the same crowd and excitement was apparent as on the two previous days. ‘The Reconnex delivered the following opinion of the court on the aj tion by ce to admit testimon: showing the intercourse betweenBallard and the accused, previous to the commission of the act for which she is on trial, “The counsel forthe prosecution having rested, the counsel for the prisoner now offer to ‘iene that in the year 1811 the prisoner was seduced by Ballard. the person on whom. itis {she endeavored to inflict a deadly wound, his subsequent cohabitation with and abandonment of her, leaving her under circumstances of great depen- dence, distress and degrodation. “This evidence can only be admisaable on the ground thatiit affords a justification for the alledged attempt to commit homicide, or that the accumulated wrongs to which she was subjected had preduced that deluded state of mind that deprived her of the power of distinguishing right from wrong ; and it is urged by co that that tes- timony should go to the jury, to enable them to judge of the probable it that such a course of wrong might pro- duce, “As to the first question—Is the evidence admissible as affording a justification for the alleged offence ? “In examining this question, Iwill remark that the same evidence is admissible in justification of the ed at- tempt to kill that would be allowed in justification,had the act been consummated, ‘In the case of murder,to rebut the evidence of malice, it must appear that the provocation was recent, for in every caso ott Homicide, says Roscoe, p. 474, however great the provocation may be, if there be sufficient time for the pas- sion to subside and for reason to interpose, such homicide will be murder—Foster, 296, and the authorities cited in Rowcoe, The object of the inquiry is, whether the sus- asion of reason arising from sudden, passion continued Een thetime of sheiifewencstion eich deine racer stant whenjthe mo! a was given; for, ie iy fotlected, deliberated or Meled before the injury was in- flicted, the killing will amount to murder, however gre- vious or exasperating the provocation ht have been. “While the law therefore makes great allowance for the infirmity inseparable from the human character, it care- fully distinguishes between acts which are induced by the romptings of exasperated feelings aud pressing wrongs, Ped doapractek-snaiieced revenge. “The same principles are applicable to the ease nowun- der consideration, aud can it urged that provocations commencing more than two years since, but continued down to within a short time antecedent to the alleged at- tempt to murder,can be embraced in the first class ol cases te whictr! have alluded; jor was not the assault induced by a consciousness of long continued wrongs over which she had brooded until sorrow and despondency had ripen- ed into rev Itis now proposed to prove that the as- sault was iaduced by any immediate provocation. ‘The acts Sontag, the Seg seation must be contempora- neous with the intended homicide, or the immediate mov- ing cause, The evidence sought to be introduced is not offtust character, and therefore in my judgment, is not admissible on that ground, “The reasons for the adoption of this distinction are too obvious to require much remark. To allow an injured y to seek revenge upon his oppressor, at his discretion r real or supposed wrongs, instead of appealing to the laws of his country for redress, would break the liga- menta that bind society together, would destroy the sta- bility of our institutions formed for the preservation of peace and order, and justify popular violence and anarch; “As to the second question—ls the evidence pre ad- ‘as facts, to fe to the jury, to enable them to ‘of the sanity of the prisoner's mind at the time of leona commission of the act charged in the indict- meat “It ia proposed by the introduction of this evidence to pyove causes which might or might not produce certain elfects—to show @ course of treatment on the part of Bal- Javed for a sncceasion of months which miget produce that state of insanity which would exonerate the prisoner from legul reaponsbility for her acts. “This position is objectionable on various grounds. Lut. Because the same causes will not necessarily produce the ane effects upon differently constituted minds. A slight cause will sometimes produce violent effects, with a per- son. possessing a sensitive and irritable temperament, while another is forbearing, and views the aggression with sorrowing calmn “The causes, then, can never form a safe test for the judgment of a jury in judging of the sanity of an individu- Jonas B. Pari.ar: al, unless accom by evidence of the effect. When the effect is shown, as bi the pany within the class of irres) ible beings, the cause of that imbecility of mind that exonerates from the responsibility, may be ved. ban Some act should be proved that indicated a deluded stateof mind when, or about the time when, the assault ‘was committed—some act from which a jury might infer thut the mind was diseased, and that the power of distin- guishing right from wrong had fled. “itis aot every high excitement of the mind thi thrones it of reason—where that consciousness exists that enables the y to know that the act about to be com- mitted is a violation of law, that delusion does not exist which is necessary to render the violator of the law irre- sponsible for his acts. “To secure immunity trom the effects of crime,insanity must be clearly and conclusively established. ‘The law resumes the sanity of every person who violates it ; and he seeks exemption from the consequences, his right to exemption must be clearly made out to exist when the offence was committed. “The question is, can the accused be permitted to prove the previous existence of facts from which insanity may be inferred to have originated, or do the rules of evidence applicable to this case require evidence of the positive, present existence of that irresponsible condition of the mind that exempts fram acconntability. Iam clearly of Pant opinion, and that the testimony offered is not admissi- ‘Tho Reconvex concluded by saying, that in this opin- ion the Court did not intend to be understood as excluding any evidence to show the existence of the insanity of the accused at the time of the commission of the act. Mr. Geanam—That the Court could not exclude. All we desire is, to show by recent, not remote acts, that the mind of the accused was bordering on insanity previous to the commission of the act, and was clearly so at its com- n. Tue Derexce. Jonx K. Listos, called and sworn for defence—I know bgt S. Ballard, as also the accused; I saw the latter on the platform of the Astor House on the night of the first of November last; she was standing at the foot of the sept, at the inside door; she was heli by a person whom 1did ‘not thea know; I was in the act of coming down stairs when Usaw this person holding her. , Q-What did the people] say that were standing about er ‘The prosecution objected tothe queation, which was overruled. Q—Was there any excitement among the crowd? A—Yes, there was; there were loud exclamations and inquiries of what was the matter. The excitement was great; the woman appeared very pale and languid, and prostrate trom some cause. reli feye did you see in her conduct that induced you to draw aconclusion as to the state of her mind? ‘A—She appeared prostrate from past excitement. Q—Did she resist? A--She did not. Cross-examined by Prosxccrron—I am an attorney of this Court; have previously been amerchant; I was with- in five or six fect when | first saw her; she was one up, with the arms of the person who held her up around her; her eyes, and general appearance, showed prostra- tion; she was quite calm then; I do not recollect that I heard her say anything while there. Awn Lowmax, atias Mavame Resteis, called and sworn. She was most ery, attired, and created great excitement in the Court as she approached the wit- ness stand, and deposed as follows :—I reside at 143 Green- wich street; I am a midwife and female physician. \—Mrs. Reatell you need not answer these questions unless you please. ts it your business to relieve females in the family way? A-—It is in cases of malformation. Q—Is it your practice to take females to board with you to bedelivered of children? A—It is in oc: where I receive a certificate froma physician that they cannot bear children. » aii have a good many for that purpose, do you no! A— Yes, we have at times. Q—Hlow many at any onetime have you had there? A—| decline answering. Q—Can you distinguish their numbers or their names? A—I catinot. Q—Do you keep books of their names? A—I keep a memorand Q—Do persons sometimes have assumed names? A—I do not know—my object isto cure. F Maas you reside in’ Greenwich street in November, A—I did; I do not remember the aumber of yas that were there then; I cannot tell their names; I do not know that [had any. eae recollect that young lady? (pointing to the accu A-—I do not recollect that I ever saw her before; one thing is certain, she never boarded with me; I think J never saw her before; if a lady came on business and im- mediately left, 1 should net know her; but if she had boarded with me I should know her; 1 have no person with me in my business. Q—Yon sell pills, do F Fd not? , L do; we self from ten to fifteen boxes per day, sometimes, Q—Do not gentlemen come sometimes with ladies to make arrangements ? A-—They do come sometimes, Q—Has Mr. Ballard ever been there ?—(Ballard was here asked to step forward.) A-—I never saw that gentleman before—nor this one here—his brothe: i Mrs, Isanciis ly;.my husband is named Peter Hurley; we reside at 58 Allen street; I know the accused; have known her between five and six years; I cannot say how long she had been in the city when I first knew her; I should suppose she was about 15 or 16; she resided with Mrs. Merriam, corner of Benson and Leonard streets ; ahe has visited my house quite fre- juently. YQ--What was the conduct of the accused before her acquaintance with Mr. Ballard, as to virtue and amiabil- ity? "The prosecution objected to the question. Mr. Gaiam sald they intended’ here to show that the seduction of the accused was accomplished by Ballard. The Coun overruled the question, aiked the Court to note the exception. Q—Have you had any reason to note any particular disposition of saind of the accused, and when was it ? —I did in August, 1841. Q—Please state what peculiarities of mind you have no- ticed. A,—She came to my house about the time named, and 1 saw her onthe back steps crying; I asked her what was the matter; she said she did not know ; I repeated the juestion, and she said she had no home ; | asked her if she had any work ; she said no; I told her I would direct er to a sister of mine who would give her something to do; my sister lived on the 9th avenue near 42d street ; I told her if she did not want help to return to me, and J would give her a home until she could finda situation ; her mind appearedito be troubled; she returned in two or three days, and told me that she had left the railroad car at 32d street, and wandered about and couldn't find the place ; 1 gave her the direction again and she left me ; that was the last time she was at my “ppd 1 formed an. be syn that she was in trouble ; I did not form any opinion at that time that her mind was shattered ; nor any opinion ay to the state of her mind ; 1 have no knowledge of her i Ballard by sight. being ‘subject to fits ; Ido not know Mr. TLLIAM CALLENDER called again.—The accused came to live with me in July, 1939. Mrs. Huxrcer, recalled.—I thought that her mind was aareed ; I did not know the difference between trouble and deranged,when I used the former word a few moments since. Cross-examined by Prosecution.—One of the counsel asked me when Itook my seat, if 1 knew the difference between trouble and derangement ; | hayela sister who is deranged ; I do not mean to say that the accused was like my sister ; she was insane from illness and is dead ; I con- sider every person who is troubled in mind or spirits, as partially deranged. Mr. Cauurnpen, recalled—The accused was in my family from July 1839 to May 1841. Q—What was her conduct up to that period? ‘The prosecution objected, and the question was over- ruled, Mr, Grauam contended for admission, on the ground that the prosecution had charged her with impro- per conduct before Ballard’s acquaintance, which com- menced about the time she lived with witness, Q—Was not the accused subject to fits or spasms? A—Yes, she was several times a year; whenever my- self und wife left home we always stepped next door and requested the favor of my father-in-law, Mr. Sparks, to look after her; I have known her to lay in those fits, two, three, five, or six hours, and sometimes the whole night; she was then entirely unconscious and unable to speak; Ihave not seen her while she was in prison; her appear- ‘ance at the present time is not the same as when she was with me; she is more emaciated and broken down; | never saw any thing out of the way with her in my life; pe was as still, modest, retired, quiet female, as I ever new. Cross Examined by Prosecution.—She did not during this pine exhibit any evidences of diseased mind or intellect,or since, Q—Have you ever seen any letters, or had any in your possession, written by Ballard? ‘The prosecution objected, and the Court overruled the question, Q—Was the accused not a women of more than ordina- ry self ion of mind and evenness of temper ? A—While she was with me,'she was of a very even state of mind; as to her size and external ap) ce, | do not recognize any difference; while the prisoner was with me she sometimes was femporactly absent at Mrs Merri- am’s; she sometimes had fits while she was there; I re- collect on one occasion, while I was iu the Police Office to have been sent for, as she was in one of those fits at Mrs, Merriam’s, and applied a plaster that we had be- Pe used to relieve her; her native place is Sparta, in New jersey. D ‘eNJamun W. McCaxapy, called—I am physician of the City Prison; was here when the accused was commit- ted on this charge; I have been led to viait prisoner in her cell while here, from illness and partly from my interest in her situation. Q—What has been the nature of her illness? Mr. Saxpyonp objected on the part of the prosecution. Quite an argument ensued, in which Mr. Gnauam replied for defence, and closing by asserting that they would sus- tain every offer of testimony made. A round of applause followed from the audience. Some of the oificers called to order, but the most of them being absent, their names were called and fines imposed. A short recess followed, during which officers were stationed about the room and order restored. Dr. MoUresdy was withdrawn, and Sanan Battano called and sworn—I know Henry 8. Ballard; became acquainted with him in 1832. Q—Did you live with him? The prosecution objected, and the defence then offered to show the seduction of witness by Henry j8. Ballard, and that he was living with her, passing ‘her off’ as his wife at the time of his first acquaintance with the prison- er. That shortly before the assault,the witness accident- ally become acquainted with the prisoner, and communi- cated to her the fact of her connection with Ballard.— Also that Ballard lived with the witness from 1832 to the spring or summer of 1841 essing as his wile, and that this connection was only in consequence of his connexion with the prisoner. That during the time Ballard and the witness lived together, ehe was several times ant by him, That he insisted that she should procure abortions, under threats of leaving her, and that she did so, and that he finally abandoned her, leaving her penniless, and wholly destitute. Mr. Sanprorp objected, as he said the testimony could not be admitted, and he believed it was offered for’ “bunk. um” alone. Mr. Granam replied and contended thatthe evidence here offered was for the purpose of sustaining the posi- tion taken by the defence, that menial alienation existed on the part of the accused previous to and at the time oi the commission of this act, [We here had a full view of the witness upon the stand, who appears to be about twenty-five years of brown hair and dark blue eyes, ruddy complexion. She was neatly dressed ina black aloth cloak, black velvet hat and feather, with lace veil. She appeared much com- posed, and responded with great readiness. [Bactanp, the’complanant was here seated in the rear of the step leading tothe bench of the court. Thi first clear view we have been able to obtain of hit thecommencement of the t: He was very genteely dressed. He appears to be about thirty-two years of age. His hair and eye-brows alight brown, whiskers sandy, high cheek bones, with a flush of red extending on the upper part—large ‘blue eyes, and an expression of coun. pe ieepo eet ing but such as would appear to become a seducer. ene Covrr finally overruled the question, but directed that the inquiry should be as tothe effect of any conver- satiou between witness and the accused. {9—Did you go to tho store of Baltard with the accus. ed? A.—Yes, 1 went in August; she told me that he had agreed to do for her; I told her how he had treated me. Granam—That is all, unless the prosecution wish to hear the rest. Sanpronp—No, we do not wish any more. Witwess— (leaving the stand)—No, | do not think you wish to hear any more, sir. (Great laughter and mur- murs of applause ) Mrs. Many Moore called—I reside at the corner of Pear) and Ferry streets, but lived at 100 Beekman treet when | first knew the accused ; about a week before the accused left Mr. Callender’a she came to my house and enquired for board ; after she had been with me two or three weeks she complained ot being unwell, and I know she took one or two boxes of pills ; the state ‘of her mind was very un- bei dl and low of spirits; she remained sometimes half aday without speaking ; I do not know what kind of pills they weeut cares bel er.: ia P inp —From iculars did you form any opinion as tothe state of eee 1 “ A—I formed pany oma that she had been promised some- thing that had not been performed ; that she had been pro- mised tobe married or something like that ; she had fits and spasms at that time very often; she used to be very weak and bad after she had got over them for a good while; I asked her what was the matter and she said | would know some day, By Junon.—Was the box labelled or not ? Wrrxxss~I cannot tell; this was in June, 1641. Q—Was Mr. Ballard in the habit of visiting your house at that time ? Prosecution objected and question overruled, Q—Do yon know Henry 5. Ballard ? A—I have seen a person. pass the house which I sup- posed was him ; and | have seem the accused go out and meet him. _ Prosecution objected to this answer as irrelevant to the issue which was sustained by the Court. Q—Please see if you can point him out ? (Ballard was stili seated on the step out of sight and re fused to rise, ‘The Court overruled the request. ross-ezamined—She came to my house in May I thi k, d remained until July or August;I did not keep a board- ing house, nor had no other boarder; before she left Mrs. Callender’s she was a free, light hearted woman;when she came with me,she was sullen and changed; I never asked her to do any thing while she was with me. By Derexcs—Her singularities called my attention to her conduct; she would come in and go upstairs and stay sometimes several hours without any apparent busi- ness. {Officer Tompkins here brought up a young man for contempt of Court, in urging the crowd to burst the outer door of the Court room in. The accused denied the charge, but the Court ordered him to be committed until the hour of adjournment. } Dr. Bewsamtw W. McCreavy was recalled. Q—What was the condition of the accused when brought to the prison, and since? . ‘A—She has heen desponding to a degree of despair some: he has been ill several times, and once seriously se of her illness to the state of her mind; she has also several times had hysterical pa- roxisma; | have found her lyingon the floor of her cell crying, as though her heart would break, in a manner so violent as (o lead me to believe that the attack was hyste- rieal; that she has been subject to paroxisms of violent headache, and that at such times there was a peculiar troubled expression about the eyes that her condition wasauch as to renderit my duty to inform the keeper | that I she might commit suicide, in order that they } might enforce the proper measures to prevent it; this con- dit! ie has continued from the 1st of ‘Noveuber to the pre- sent time, Q—Has the prisoner during this time attempted to commit suicide, andif se, relate all the circumstances at- tending it? The prosecution objected, but the Court admitted the queation. —1 know nothing of the actual attem} part; [ saw the machinery that had been erec purreee in @ contiguous cell to the one in which she wes im; the accused had the privilege of walking about the corridor at my special request: in u cell of the female poe, I saw that she had access to two bunks, which ad been placed upright, and a stick placed across; I saw, in the hands of Mr. Wheeler, a piece of cotton cloth, plat- dinthe form of a rope, with a slip noose on the end; | think it was on Monday morning; on Sunday, on visiting her cell, [found her in a particularly depressed state; like every feeble female, she appeared to be particularly ex- citable. An offer was made to obtain the opinion of witness as to the stateof her mind, judg ng from physical appear- ances, which the Court overruled. In th@pourse of the argument, Mr. Sanprenv responded to some severe remarks made by Mr. Graham relative to Ballard, and stated that he was in attendance as a witness only, and should receive the protection of the Court, and not be subject to such scurrilous attacks. _ Grauam—! shall treat with contempt any allusion rela- tive to my course, proceeding from a source that could re- ceive pay to come into this Court to sustain such a prose- cution. (Applanse.) Court—Gentlemen will please. temper marks, and not indulge in personalities. Saypronp—And | throw back my contempt for any one who can use such remarks as have pasted, coming as they do from one who has received his pay froma source far more questionable, CovrtT—Come, come, gentlemen—these personalities will not answer. Witness cross-examined by the prosecution—When she first came in I understood. that ‘constipation of the bowels had existed for three weeks; it was twenty-four hours before she was relieved by medicine; Ido not think she was more despondent on Sunday than { have seen her at previous times; I judged of despondency from the op pearance of her eyes, her manner and langunge; @ suicide ad been committed in this prison on the previous day by similar means; I do not know whether she had been made acquainted with the fact or not; it has been noted that when suicides are committed in a particular manner,other suicides are apt to follow in the same manner; Mr. John Hopper was in the cell with Amelia Norman on the after. noonef Sunday last; he went in with me and at my re- quest; I informed Mt. Hopper that Mr. Warner, her Coun- sel, had left her case on Saturday last, owing to other en- gagements, and therefore she needed counsel; it was at my suggestion that Mr. Hopper engaged in her behalf to procure counsel. The Court here, at 5 o'clock, took a recess until half past six o’clock. on her their re Eveino Session The Court re-assembled at 7 o'clock. Mr, Canrgwrier asked for an attachment for the appear- ance of William H. Knapp, who had refused to attend, The attachment was issued. ‘The defence then called Mrs. Exiza Merriam, Whe deposed as follows :—I re- side at 64 Beekman street; 1am the wife of Francis Mer. iam; Ihave known the accused since she was a child; she is from Sparta, Sussex County, N. J.; she resided with me four or five years, and came with me trom New Jersey; her conduct while with me was very good; she had ino male visiters when she lived with me; she let me and went to live with Mr. Elisler, who resided in the same house with Mr, Callender; she then returned to my house and remained with me about fifteen months, and then went to live with Mr. Callender; she has been intimate in m family since; she was subject to fits while she lived wit me; once she was taken in church and I was sent for. Cross-examined by Prosecution—She was periectly help- las when in these fits, Direct Resumed.—It is about nine years ago since I pronght her tothis city; she was then about filteen years old; she has no mother, but has a step-mother; her father is a respectable farmer ingNew Jersey, and is about 60 years of age. Mrs. Gnay was called, but did not answer. Mrs. ANx Penson, called and deposed as follow know the accused; I' lived at 43 Thompson street; she once boarded with me; this was two years ago last win- ter; Ihave seen Henry 8. Ballard; he passed by the name of Mr. Brown when he came to my house. Q—Did Mr. Ballard visit her when at your house? Objected to by defence, and overruled. No cross-examination. Jort Bennxse: called and deposed—I reside at 53 West Broadway; I know the accused; she lived with me in No- vember, 1843; from the latter part of August to the time she was arrested; she worked for me, ironing shirts; she sometimes would leave her work very suddenly, and be- gin to cry; the evening before ahe was arrested she cried, and then laughed, and i don’t know what she did; to en tertain her I guve her seme daguerreotype plates to clean; I gave her some cotton and oil tocleau them with, a she rubbed the table with the cotton; she was very much excited, in fact, for two days previous 1 told my wife she was crazy; my wife and a little colored boy were also in the room when she rubbed the plates; | always knew her as Mrs, Ballard, and by no other name; I went to the store the day previous to her arrest; | met her in Green- wich st,she had a bundle of cakes eating them in the street; [thought it strange to see her so as she was generally ve- ry lady like ; she walked backwards and forwards seve- ral times; I went home to send my wife after her ; my wife was not at home and | went back but did not find her; she was home at dinner that day ; | spoke to her but she not answer me ; she had alarge bundle of cake ; per- ps two shillings worth; when she was at dinner I asked her what was the matter ; she did not answer me but cri: ed; she was more excited than I ever saw her before, although she had been with me about three months ; I re: mained in the house until near 6 o'clock ; my wife gave her some work which she threw on the floor ; I told my wife not te permit her to go out that afternoon as she might fall down in a fit or some injury happen her ; she had had fits in the house ; I told my wife two or three days before I thought she was crai C not in their right mind; | saw other indicatio: not being in her right mind; she would take a shirt that had been brought from the store to be ironed, and wipe the tears from her eyes with it, and the shirt had to be washed over again; shedone this several times; we had a negro boy, and he would laugh; she would imitate him some times for half an hour; this laughing would oc- cur after she had been crying; the boy would take a pic- ture and laugh, and she would laugh’ also; the night be- fore she was arrested she laughed for half an hour; 1 was athome the night before she was arrested; she was at home all the evening until | went to bed; I'did not ob- verve this crying until after she had been boarding with ine four or five weeks; Ihave s en Persons in hysterical fits; her laughing was more like mad laughing; it was not hysterical, as J think that arises more from a contraction of the nerves; she appeared to laugh involuntarily, not knowing it; she appeared to know when she cried, as she was then conscious; I generally go out about 9 o’clock in the morning and return about 3 o’clock to dinner, and then come home at about6 o’clock in the evening; I used the wereoty pe plates for my own amusement;] gave her the plates to clean the night before; the negro boy might have laughed to see her rubbing the table instead of the plates; Itold her several times that she was cleaning the table; she didnot reply; I addressed her severalitimes, but she did not understand me; I met her in Greenwich street, be- tween Vesey and Warren; I believe she was walking op- posite Mr. Lee’s dry goods store; | spoke to her when J came home, but she did not answer me; she eat nothing at dinner, but cried during the whole ‘time; I called my wife outof the room and told her not to let her go out alone ; she would rub her hands also at dinner; she cut her meat up on the plate in small pieces, and when I asked her why she did not eat it, she wouldn’t answer me; I went to the Astor House to see Mr, Ballard, but not this Mr. Ballard Direct resumed.—My store is at 80 William street; 1 keep a wholesale shirt store; Mrs. Ballard, the accused, was employed ironing shirts for me. Epwarp 3 ant, called and deposed as follows:—I keep a public hetel at Newark, N. J.; 1 know the accused, as also Henry $. Ballard; he entered his name in the re- cord at my house, as also the name of the accused. The prosecution objected. Mr. Granam then offered to prove that the name of Bal- lard and accused was entered at the stage house of wit- ness for passage to Sparta, the residence of her father, in 1 January Wirsrss—Ballard did not go with her. The Court overruled the testimony as not admissible. Mr. Granam then renewed the offer of all the testimony showing the seduction of the accused by the complainant Ballard, as also hia subsequent abandonment. The Court again overruled it under the ‘exceptions of Counsel for defence. The Counsel for defence then said they would rest their . Sanpronn said that the prosecution had one, per haps two witnesses, to prove the state of the mind of the accused on the evening of the commission of the act. The Count decidgd that the testimony was cumulative ‘The testimony on doth side was here cloved at 90’clock, ahd the queming up will commence this oe o'clock. John A. Morrell, Esq, will commence for fance—Jonas Phillips, Esq. follow for prosecuti Wnvid Graham, Exq, reply, and Edward Sandford, close for prosecution. Bunsina ov rm Fanny Exgsutr.—The steam- boat Fanny Elssler, owned and commanded by L. A. Phelps, which Ielt this port yesterday, for Alban Georgia, accidentally took fire a few hours afterwai and burned down to the water's ed Neo one receiver 'y, and all the persons on board arrived in this few moments ago. The F. F:. had on of merchandize, suited for the upcountry market, whieh had chiefly been shipped on venture by merchants in this city. ‘The boat was of little value, bnt the freight may be ‘estimated at $3,000 : total loss not more than $5,000.—-.4palachicola Com. Jan. 6. Loss or Lirk ny Fire av Rauway.—Franks’ dye- ing establishment, at Leesville, near Rahway, was burnt about 3 o'lock on Tuesday morning, and ™ Big John,” a German laborer, sleeping in an upper story, per. ished in the flames The building was ohlefly ‘owired by a German friend of Mr. ¥. in New York, who had furnished him with some $2000 worth of machinery. The i surance is said to be much below the value of property destroyed. Osborne & Wilson's paper mill in Westfield towns! n this county, was burnt on Sunday night. It was insured by the Plainfield Co. for $1,900, which will not make good the loss — rk Daily Ade. Fire ty Monticei0.—The Court House, the Presbyterian Church, and an old dwelling hor wet burned to the ground at Monticello,Sullivan county, N Y., on Saturday afternoon, 2y. ccamined ty Frosecution=A. crazy parton a The Newark Murder. Hore, Newark, N. mi: hursday, Jan. 18, 1844. | ‘The trial progresses very slowly, and there is a formidable array ef witnesses in the witness box. | ‘The interest does not flagg,but is rather increasing, | as I observed quite a number of the fair ladies of | Newark, in holiday trim, comfortably seated with- in the bar, under the care of the gallant Sheriff, | who is indefatigable in his attentions to them, and | to the duties of his office. He is ably seconded by | his posse of constables; the result is that the utmost | orderand regularity is maintained. The prisoner maintains the nonchalance of a disinterested spec- tor; he is perfectly indifferent to the course of ex- amination. The chief object of the prosecuting of- ficer, to-day, was to show the state of feeling, and its cause, between the prisoner and Gersham Ched. dick, and the atte npt made,by the former to bribe the referees. The hieige ap on the latter point was very strong, and yet, unless to suggest a ques- tion ortwo, he did not appear to vary his indifler- ence. The agent for the Herald, at this place, called upon me this afternoon, and hasplaced a boy atmy service, which is a great convemence, as | shall be able to send off my notes by every train. He in- formed me that so great was the demand for the Herald tostags that he had to send for an addition- al supply. he trial of Amelia Norman, in. the Court of Sessions, is creating an excitement here also, and the very excellent and fulllength likeness of the unfortunate girl presented in the mornin edition, caused quite a rush among the ladies,wh: are the chief customers of the Herald, here, the other papers, they say, are so dull, stupid and full of twaddle. i Mr. Stewart, proprietor of the Hotel, has kindly undertaken to forward this. ‘The house isthe best in Newark—fare good—attendance good, aud the landlord isa very good fellow. The Judge, Asso- ciate Judges, Prosecuting and Defending Counsel, Jurors, Reporters, &c., are all stopping here. The Native American Party are to have a great meeting here to-morrow night, to adopt a constitu- tuon and bye laws. ‘The sucee#s of the party in Newark is equal to that in the city ; the ** old Mun- kers” are trembling. The train is starting. Yours, Essex County Oyer and Terminer. Before Judge Whitehead and a full Bench. Trial of Thomas Marsh for the Murder of the Wife and two Children of Gersham Cheddick, at Newark, on the night of the 9th November last past. Seconn Day—Prosecution Continurn, Mr. Cneppicx recalled—Delivered up the key of my house in Rahway to Mr. Day for Marsh, about the time we moved to Newark; the stone which fastened the door of the house weighed furty or fifty pounds, By Mr. Haisrsp—The man who formerly lived in the burned house gave me the key of the front door; when | informed the persons who occupied the house of the change, I found the woman was sick; they requested n fotindl thems house, which J helped them vo de, and they moved out three or four weeks previous to the fire. Roser L. Baown sworn—I live at the b: kiln house in Elm street; was the first person at the tire; it was be- tween eight and nine o'clock; | kicked the back kitchen door open, and took outa barrel of buckwheat, and then the big dog came out; this wax the room where the family had the fire; 1 saw the front door open, and the fire under the stairs, and blazing to the top; the flames were pretty near out to the fence, so that we could not move to the front; I made three attempts to get at the barrel of buck: wheat, so hot was the room; the fire had broken through the partitien close to the staircase, but had not reached up to the hearth where the family fire had been kindled; there was no fire in it at the time; when I opened the back. door the fire had only broke through the partition, and had not reached the floor; the ladder was placed at the side of the housenext to my house; | had to pass the front of the house to reach the place where Mr. ddiek stood.— { recollect that it was a moonlight night; I returned home revious to the fire about eight o’clock; 1 tifink the moon fearnotthen rose, didnot pereeive-any buridles’ of straw lying outside the fence; the following mornizg I saw the traces of straw lying about; Iwas there about 7 o'clock that morning; I kaw the bodies fall from the upper floor; [was then standing by the oven, which is about twelve {vet from thgrear of the house; there were three bodies taken outof the house; I should suppose that from the size of two of the bodies that they were those of persons about twelve to sixteen years of age; the large Dory fell through near the stairs, and the two smaller bo- dies toget pout four or five feet distant from the larger body; | took’the larger body to be that of an old lad: By Mr. Vasoyke—The front door stood about hi open L first saw it; the door was on fire but unhinged; tte flames were Ieulsg through the space; there was no traces of fire atthe spot where the straw lay outside the fence; the house did not burn down, it was pulled down; Lexamined t use the next da: there were several pots and kettles lying on the kitch hearth; | had been in bed before I heard the cry of tire, Cross examined by Mr. Hatsteav, Sen.—I heard the ery of fire three times before I got up; first. supposed it was the brick kiln, but asTgot up | saw it was Cheddick’s house ; about five or six minutes elapsed between my hearing the first ery and my reaching the place where Mr. Cheddiek stood ; the cries of fire were in rapid suc- cession ; the first word that Cheddick said to me was that his wife and children were in the upper room, and asked me to try and save them ; he said he had jumped out of the window ; the ladder stoed at the end of the house be- tween the two windows ; I thiak h id at the time that he had placed the ladder there but could not get in; Pa trick Gallagher handed me the pole, with which | broke im the window ; | had tried with my hand but the glass was too hot; | broke the frame of the window ; the fire and smoke rushed out; | did not hear any one in the room; I believe I hallowed two or three times, but got no answer that I heard, so I jumped off; 1 shouted before I broke open the window ; when | = off the ladder | ran to the back door ; | think 1 was the first one at that door ; the wor leading from the entry to the kitchen was not open ; uter | had failed in the first attempt to get in at the w dow, Mr, Che bey a me to try a second time, but | told him it'was w ; he then went to my house to get way ‘as not By the Covar.—Cheddick when | first saw him had his hair singed, and his face and arms were blackened; he ap- peared to be lame. Cross examination continued.—The stone lay on the fol lowing morning behind the front door,whea | first arrived there I could not pass between the fence and the front door im consequence of the flame [The Court here informed the nesses, who had been late in thuir attendance, that if they were again absent when called, a fine of such amount as would punish them, would be imposed.) Parnicxk Gattacuen, sworn.—I live at the same house with the last witness ; I heard the alarm of fire and went toit; I was two or three minutes after Brown; | could not say what o’clock it was ; the only persons I saw there was the old man (Cheddick) and Brown, {There was nothing new elicited from this witness ; he merely corroborated the last witness.) Ina Mencnant, sworn—I was at the fire at Cheddick’s house; Tarrived there at about a quarter before nine; | heard the alarm a few minutes past half past eight; 1 w at my house in Walnut street, which is about halfa mile from the burned house; there w: bout th: persons there; the roof had fallen in, and a part ofthe upper floor had burned through; the front, back, and south east end were on fire; the upper portion of the other side was wurut down to the window; Dosw Cheddick after the fire when I first saw the bodies, they were laying on the first floor, about six feet from the Kitehe place; there were three bodies, two lay side by side; the other lay ubout two feet anda half from the two; | took out the two other body; Ido not know that any person ed the bodies before me; there was a part ofa bed tick and some feathers lying on them; I did not see any fragments of straw lying near them; Ido not know whether the upper floor had fallen through when | got there, but | know that there wax abont six feet burned through. {The District Attorney here informed the Court that Charles Eastburn, @ prisoner confined in the gaol, had just died. He had been sentenced to the Penitentiary for six months, but in consequence of ill health had not been re- moved. The Court said that no action was necessary with regant to the d body; that the coro. ner would hold was what the law re quired.) ‘The bodies lay about six or seven feet from where the upper floor had burnt through; they lay on the floor about six feet from the kitchen hearth; there was no appearance of the under floor having been burned when the bodies were found; | saw two or three brands lying, one on the hearth and two in the furnace, on which the tea kettle was, Each of the two bodies had one foot and one arm burnt off, | discovered the bodies by i the bone of « leg sticking through the flesh; the back of the boy ap- peured to have been protected hy the bed; his lege were hoth burned; the hands were so much burned that you could not r ize them; all you ceive that they wi ends of human beings; I ascertained that one of the bodies wns that of a male; | could not tell what the other two where, they were so distigured. 1 got fa large box out of the and placed them in the charge of the coroneryl did not see them again until | saw them in the hearsehouse of the Third Church. Gronas H. Bavry, sworn,—I am one of the Coroners ;l held an inquest on the bodies of three par- sons burned at Ched ; when | arrived at the house the rvof had fallen in; the it and the end farthest from the town were burned, but t uprights were stand- ing; [helped to place the fire engines; | then heard that there wert bodies among the ruins; [saw Cheddick at the next ho and learned from him the fact; | returned to the ruins and found that one of the bodies hud been car- ried out to the back out-honse; wasa hole of about 6 to 8 feet square burned through the upper floor; Lfound the kitchen floor had not suffered from t! here way no evidence that it had been on fire at all; two of the ho- Jies appeared to be that of persons about 16 years of age; the largest body had @ 1 thers sticking fo it; 1 that of the mother, from the course nature o Jesh; aus inquest was holden on the bodies; there was no examina tion made of the bodies by a physician; I couldnot dis tingnish the sex of any of the bodies; the jury returned a verdict. Writs M. Svorwere affirmed.—1 liveat Brick Town, Rahway; | am acquainted with Gersham Cheddick, and Thomas Marsh, the prisoner; | have lived in their aeigh- borhood for many years; Cheudick und the prisoner lived about a mile and’ half apart, for many years; Cheddick culled. upon me afew days before the arbitration, and Marsh called the night previous to the meeting of the ar- bitration; he remained at our house that night; we conver- sed in relation to this business; Marsh said that he had got in a scrape, and that he would give one hundred dollars to get out of it; we talked about the arbitration. ‘he counsel for the prisoner objected to this testimony, but the Court allowed it, as tending to show the state of feeling between Marsh and Cheddick. Wirsess.—Marsh said that Cheddick’s farm was out of order, the fences were down; | asked him what his property was worth, and he said that he was not obliged to sell, but that he could get $1000 by waiting on a man. In the conversation | told Marsh that 1 held a little no! and had a book account against Cheddick; he said that he would take the note and account, and that he could get some corn from Cheddick for it; he did not request me to become his referee; I think he Knew before he came that Cheddick had called upon me ; Marsh offered to give up Cheddick’s papers to the arbitrators, if he (Cheddick) was dissatisfied; | understood Marsh to say that he did not wish Cheddick to stand to the bargain; Marsh offered to take the note and pay me the money, even though Ched- dick did not stand to the bargain; the next morning | told Marsh that I had made up my mind not to be one of the referees. Q—Did_ Marsh say any thing to you about fixing th value of Cheddick’s farm? A—He did; Ido not remember that he placed a valu on the farm at the time; he said Cheddick had nothing to lose. [This witness is either very dull, or he has an un- happy manner of telling his story; he’ puzzles lawyers, judges, and all to understand him} We met at Broad strect, Mr. Mulford, Mr. Marsh, and myself; we then made’ our calculations ; Marsh asked me yf I was oing to do that—he did not say what | was to do; 1 considered that he spoke ‘about the note, of which he had conversed with me the night before; I told him I was not ; Cheddick told me then that I! would save him a great deal of trouble if | would act for him ; Ward was chosen as the third referee ; he was not with us at the tavern in Broad street ; Mulford and I did not conclude our but then, as 'we wished to be uway from Marsh and Cheddick ; ‘we went to an eating-cellar and there we agreed on what Marsh should give Ched- dick : Marsh followed us to the cellar; he made a remark to this purp William, you would not give so much an acre for Cheddick’s farm.” 1 think Marsh saw the cal culation he made on the paper s I do not know what be- came of the paper ; I think Marsh took it; he did not ap- pear pleased with our decision ; the award papers were signed by Mulford and myself at the Mansion Hous Rahway ; we met there unexpectedly to me; when ford and { parted at the cellar there Was no understanding that we should meet again, ‘The Court took a recess until three o’elock for dinner, AFTERNOON Skss108. Mn. Snorwett, recalled.—I dont think I have seen the award since I signed it ; [have not seen Marsh at Rahway since we signed that award ; | saw Maryh in the ticket office at the Courtlandt street Ferry office on the evening of the fire; he was there about half an hour ; Marsh asked me itl had seen Mulford (the other referee,) since ; 1 said yes; he wanted to know what was the matter, that such an award should be made against him, and asked if we had ultered it any ; I told him we had not altered it ; he com- plained about our giving so great an award, and said that we hud valued Cheddick’s place at a higher rate than Cheddick himself had offered to sell it ut ; he appeared to be atfronted at us ; he signified in the course of conversa tion that he would have satisfaction ; he might have n; [know he used harsh language, and spoke hard ; 1 not particularize any person (meaning of the re- ferees) ; I do not know that he knew that | had signed the written award ; he had not said anything to me about ward at any time ; I was not offered money by lation to that paper (the aw 1 do not know that Marsh said that Cheddick had into the house: ; this conversati en o'clock, on the eve: ning of the five ; Isaw there William Williams, and aman named Finch, at the office the same evening. Cross-ecamined —1 came across in the seven o'clock boat ; 1 did not see anything of Marsh on board: nor ut the car house, or in the cars; I went to Rahway that night ; the car stopped at Newark ; T could not say whether it was one, two or three days after Mulford and I settled the award at Newark, that we met at the Mansion House in y N.J, and signed it; 1 be the paper w dy drawn and was in Malford’s possession, and all had to do was to fill in the amount ; [ do not ‘know who yup the paper; I did not see Ward at Rahway at all ct resumed.—1 saw Ward at the oyster cellar at Newark on the day we settled the award; he and Marsh came in about the same time; I did not see Ward take any part in the calculation Jonatiax Muutronp sworn—I was one of the arbitra tors in the matter of Cheddick and Marsh; Mr. Ward, Marsh, another man and myself met at Cheddick’s house purpose of determining the we od to Newark; Cheddick and | rede vrand Marsh brought the other man; we then lov ed at Marsh’s property, which consisted of a kort of shop and a stall Jot of land; I don’t know the number of acre: Wanl asked hat 'L valued Marxh’s lot at; $400; at this he laughed at all; J told him I should want his opinion of My tog y Ched- dick’s property; | think be sali $1800; it waa not far from that; | told him’ there was no use in our deing any thi about it, as we differed so widely, and that we should cal im a third man; f told Cheddick and Marsh that they must choose the third man; several men were named by them doth, bul Marsh wonld not agree to them; at length [told Marsh thatiwould name a man,and then Marsh said letShot well (the last witness) Le the man, as he did not care who the devilthey chose; we met next at Newark, and all the parties ware p nt except Ward; Marsh in answer, told me that Ward had gone to the board yard; we ing there, and Marsh said that Ward would us ine few moments; Shotwell and I went by * into the room offjthe bar room, and | told Shotwell to mark on the wall the value of the property, and I marked on « bit of paper; we did not agree; Marsh interfered with us and we determined to go somewhere else by ourselves: we went toan eating cellar in Market street, and we got some pens and paper; Shotwell did the writing, and we putdown what we thought would be the odds, (ditle- rence;) the first thing | knew was that Marsh came in and tore off the end of the paper; he then said, what are you doing?” Ward came in with Mars right after him; Ward took a seat opposite, and asked fus what we were doing; | told him he shou| been with rt could have corrected us; the award was all drawn up, and only required the filling upthe amount, for which a blank was left; Marsh gave it to me at the tavern; Shotwell filled upthe blank, and | asked Ward if he wonld sign it; he said “no.” By the Courr—Had you signed it? Witxess—No, | had not; | then told Ward that I should sign it; as there was some little difficulty, we did not sign it that night, so I put it in my pocket; | returned to the tavern, leaving shotwell at the cellar; as | was dri- ving home, Marsh came to me and asked if he could ride with me; I said, certainly—so he rode as far ax Elizabeth town; in about two hours he came to my honse, it might have neight o'clock; he then told me he was very much dissatisfied with the award; he offered me his check tor $100 if Twould give him up the aword; 1 told him [ should net do any such thing; we were talking about ( heddick; Marsh said he had become poor, | asked, by what means?” Marsh replied, “ by poor conduct and bad Iuck;” he staid with me all night; next morning after we got up, hesoid he had not slept an bour all night, by reeson of thinking of that award; Marsh asked me to go John Shotwell what he would give for Cheddick also William M. Shotwell (last witness) to know what was going to do about the award; ; but went to see Billy; | fe i him at the House at Rah » and asked him if he was satisfied with what he had done the day before; he said he was not, altogether, as he had not given Cheddick enough by $90; I told him | had no idea of making any such altera- tion; so we signed the award then; Marsh wished me not to put the award into Day’s hands immed wait till the next Wednesday; I kept the award until Day asked me for it; L heard of the burning of the house about the second day after the misfortune; I had given up the award to Day the week prev happened; [think we put the t was dated on a Tresday, and we signed it on W (did not see Marsh after that until today; while Marsh was riding with me in my wagon, he offered me $0 to d; he offered me $130 on the morning after, bat I said it was an imposition, (The witness here corrected a portion of his previous testimony as to the time of giving up the award; he thinks it was on the same week on which the fire occurred.) Cross-examined—There was no time or place fixed by us a ellar, when or where to meet to sign the awar thought we had done right, and if Ward was not with v his own fault. When | handed the award to Mr opened it, and vaid it was right y Morse, sworn—I was at the scone of the n the Monday morning after the fire: | that there were traces of straw on the road s the fence; there was no appearance of burnt «traw then; lexamined it particularly, to see if there had been any fire there Cross-examined—1 went there for curiosity; | had seen Mr. Cheddick previous to going; I had «een the place be fore. Witt A. Sroxe, sworn—-This witness was examin on the same grounds as the last witness, and his testimony was materially the same. , The Court adjourned at half past six, to meet to-day at half past nine. niford, think Larest rnom Mrxico.—-Advices from Vera Cruz, to the 15th ult., had been received at Havana The Yucatan Commissioners had beon conferring with Santa Anna at his hacienda, near Vera Cruz, and returned to the city of Mexico on the 19th December, to arrange with the Government the conditions on which Yucat should again form part of the “great Mexican family.” They were very much pleased with the re them by Santa Aana, and with the good faith ma by him on the Yucatan question. The Govers despatched a large number of troops to Sonora, to subdue the Indians, who were committing great depredations on the inhabitants . eGISLATURE. —On Tuesday the de Assembly on the national retrench- were brought to a close, the discussion ing been continued beyond the usual hone of adjourn- ment. The resolutions were adopted unanimously | The had previously passed the Senate by an equally decisive expression of theglegialative voice. New York I bates int! Murwer Conrrssep.— We learn, says the Rah- way (N. J.) Rey Middlebush, Somer: confession, acknow son, (the murderer of Suydam, at Ne the persons who murdered Robert F. R Lane, near Metuchen, about twelve years since, The person referred to, it is said, made}the confession on his death bed, and has since died, tweek made o and Peter Rebin. Brunswick, were dolph, in Dark Washington. [Correspondence of the Herald. } Wasuinetoy, D. ©, Jan. 16, 1844 Post Office Reform—Its Prospects. James Gorpon Bennerr, Esq., R SiR i. Itake leave to write you upon that which so ma terially affects the interest of every citizen of the United States—the probable action of the Post Otlice Committee appointed by Congress. _ A discussion arose in the House of Kepresenta- tives yesterday, (Monday,) upon a motion m: bya member for an account of the number of fre letters which have ed through the Post Office during one year, We., which elicited a remaris from Mr. Mopkiss, chairman of the Post Office Committee, of the gratifying character, that * he believed the commitiee were unamimous in favor of athorough and effectual retorm.” And | am happy to inform you, that in conversation with se= veraf members of that body, they mauife ardent desire to meet the Views of their consti- tuents, by the largest reduction in the rates of postage, especially on letiers containing enclosures, and such equitable regulation in regard to the newspaper press, both us to reduced rates for wans- mussion and mode of transit. [ut in this, asin every other body, there is 4 portion of the mem- bers who appear to be blinded with a deeply root~ ed idea, that a reduction in rates can only be made in proportion to th mount of the present revenue; consequently, as there 18 no excess there ought to be no reduction, as it might render a resort to the treasury necessary to meet the deficiency—a mea- sure under their beliet not to be resorted to under any emergency. How absurd! and yet amongst the western members in the interior, but too preva- lent. lt is perfectly obvious that if such views are suflered to influence Congress, and the present rates continued, that the revenue actually collected by the Post Office Department would ditinish in proportion to the facilities aflorded to the public by private expresses, until the department would not be in receipt of sufficient revenue to pay the salary of its efficers. Charles A. Wicklifie in his last report shows, that notwithstanding his zealous exertions to suppress every means of illieit corres- pondence, the revenue during. the year 1543, as ared with the year preceding, had fallen off’ 50,000, and this diminution during @ year of ac- tual improvement in every other department of re- venue, produced by the revival which had taken place in every description of trade and commerce Mr. Kennedy of indiana, a member of the Post Otiiee Committee, who stands forward as the cham- pion of the fallacious and exploded doctrine that the department can only be retormed to the extent of the excess of revenue, and to illustrate bis views it may be well to copy the following sentence from his speech upon this subject, as reported in the In- telligencer of this day, the 16th instant:— “As one member of the Post Otlice Committe, never con ie would nt, under any circumstances, to make the partment a charge upon the Treasury prope He was willing that any reform should be made that could ovided the expenses of th partment were kept within its revenue. He would co no reduetion of postage or other regul © poxtages a charge upon the mass of the people of the country, who had fo litde to do with the commercial commmuty, who ought to pay its own postages. Any reduction that could be made in postage, 60 long as the department could be kept within its own revenue, was right and proper. Be- yond that, he would never go.” ‘How Mr. Kennedy eau sustain, by argument, any of these views, appears worthy of conjecture, but surely such views ure his own, and cannot be sup= po tole in accordance with there of his consti- tuents in Indian An examination of this subject would show, that although the commercial community have actively agitated this question, yet by availing themselves of the improved faciliues aflorded them by private expresses—they are ina great measure exempt trom the evil of the present tariff which so cruelly op- presses the correspondence of the rest of the com- munity, which facilities beyond the reach of private citizens, both in eities and in the interior of the United Stases ; and by reference to the Herald of this day, which is now before me, L observe an excellent article hibiting the outline of a compa~ sbout to be estat in New York foe Uy principal citi i Leiter Comy ny,” which, if carried into efiect, wil increase the mercantile facilities of private conveyance and diminish the present Post Office revenue, Sub- jecting the constituency of Mr. Kennedy in the wilds of Indiana, and all the remote ms of the United States, to the largest rate of postages, whereby their correspondence with the larger ci- ties will ie confined to the present limited extent to the prejudice of the landowner, farmer, lamber merchant, and the welfare and happiness of private ciuzens having relatives or Connexions in distant sections. Happily Mr. Kennedy is but an unit in the Post Office Committee; the majority entertain enlarged Mr. Merrick (Chairman) will shortly views, and a bring ina billyembracing the whole question,which, but for an untoward event in his family, he would probably have done before this; this tact, added to the manly declaration of Mr. Hopkins, the Chair- man of the House of Kepresentatives Post Citice Comnmnittee, are strong grounds to hope that the ex ertions of the community, aided by the press, in which the Herald has stood boldly forward, will not have been in vain, and the postages this session reduced upon letters not exceeding balf an ounce in weight be five cents if prepaid, and ten cents if not prepaid, and such liberal rates and re- gulations made in relation to the transmission of newspapers, if sent through the mails, as the true interests of the reading public demand E. ¢ Albony. (Correspondence of the Herald.) Aunany, Jan. 17, 1844 Political Movements—Conservatives—Barn-Burn- ers—Young America—Appointments. From the me of the organization of the House until the present, a constant skirmishing has been the Croswellites,or the old hunk- ers, and the Hoffmanites, or the Barn-Borners, for the asceudancy and power. The defeat of the Ad- imiral for Speaker was the signal for his tends to organize,and by a quiet, confidential course of po- hey, the ‘Admiral has won over very many of bis going on betw former opponents. The name of every member is set down upon alist, and the most to be feared have been operated upon first. The Admirals strength, reliable in the’Assembly at this moment, is among the democrats, which shows an vase from the commencement uf the session of ver thirty. The pacific course of action which has been pursued cowards the whigs by the Admi- ral has so far won upon their confidence, that a mo- jority of them are kuown to have declared in favor hie Admiral’s plan for a Convention to amend istitution, for upon this point is the Admiral preparing to concentrate his strength; aud I should uot be surprised, if he should succeed in carrying out his one and only project. The Croswellites have, within the last two days, iscovered their falling off, and caucuses are now beimg held to try and regain the Jost ground; but that will be impossible. They are all alarm as to how and when the Admiral isto act on his reforms. He entrusts no one with his secrets, se that the Kegeney are constantly in the tear of some out- break. The Admiral won't move unl be sees big course clear before him, and this long and tediou debate,now going on in the House,has been createc solely to give him time. Stevens, the wing leader, is into the secret, for the purpose of deteatmg the Regency and distracting the party in the coming Presidential election T feel almost certain, that before the question is taken ina convention, the whigs will go forit to a man—many of them have told me so, The game of al] this is to make the Admiral Go- vernor, or to break down Bouck next tall—for one or both are his friends prepared. The feeling. of hostility ix so strong between Hofliman aud Bouck, that the former has not spoken to Bonck since his arrival in this place. Should Hoffman get his con- vention through the Assembly, Bouek will not be nominated for a re stron; depend upon that, for the vote will be a clear and unequivocel expression ular opinion against him on the subject, is not popular with the House, and less so with the people f Aeon, and the surrounding towns and counties. We have scarcely had so un- ra Governor. Bosworth, from New York, ding conservative, is at the head of the committee upon the constitution, and will against the Admiral, who is also on that committee. Bosworth has lost all confidence or standing with the delegation. We shall de hitde sive this winter than settle the Admiral’s convea- tion question—much debate is expected pope the Appointments for New York will likely be sent in to-morrow; they wiilprobably be--Mr. MeV ean, resident for the last two years in New York, for 3 Charles P. Daly, Court of Common Pleas; Thomas Jefferson Smith, tor Marine Judge; for Port Warden, Capt. Wandell is the favorite; tnt ae the Governor conanlis with only sueh men as Varian and Scott, it is probably that a Mr Hall, dready holding office, (it; MeMurray, the late representative, Wi Master in Chancery, and Logenzo B. Shepherd, Lxaminer in Chancery,;