The New York Herald Newspaper, December 31, 1844, Page 1

Vol, X., Ro. 363—Whole Re, 3963. “A WARNING TO ABOLITION AGITATORS. Convictions and Sentences of Several Persons in the Slave.holding States, for Aiding Slaves to Kscape. Senrence or tue Rev. Cuartes T. Torrey.— A very large number ot persons were in attendance F at the City Court for the pur, of hearing sen- tence pronounced upon the ab individual, who was couvicted during the recent term of Baltimore City Court on three separate indictments, for per- suading, aiding and abetting in abducting slaves, the property of Mr. Heckrotte, of this city. willbe remembered that, ‘after the conviction 0! ‘Torrey,a mouon was made by his counsel in arrest of judgment and fora new trial, which was argued beture the Court on Monday fast. The point of a new trial, however, having been abandoned, it was only coatended for an arrest of judgment, upon the grounds of certain alleged informalities in the in- dicuments. At the opening of the Court, thismorn- ing—a very considerable crowd of spectators bein, present in anticipation of hearing the great speec which it was reported Torrey would make—there was quite a disappointment in his uot appearing His counsel asked permission of the Court, in obe- dience to his (Torrey’s) request, that he might not be publicly sentenced, which was granted. ‘Torrey desires to remain in jail until Monday next, when the sentence will be privately an- nounced to bim, and he will be removed tothe Pe- nitenuiary.—Balt. OPINION OF THE COURT. State vs. Torrey —It is certainly a general principle, that, where an offence is created by Ac‘ of Assembly, it is safest to follow the very words ot the act, but auch strictness is not absolutely necessary. It words of equivalent import and meaning are used, it has always been deemed sufficient, as the intention ofthe Legislature is as fully accomplished in the one case as in ‘the other. ‘The wff-uce intended to be punished by the act is cor- rectly defined in the several indictments, in strict confor- mity to the law, but it has been objected that the words relatit g \o the diver) character of the accused have been omitted, and that heshould have been described in the words of the uctas a free person. This, we think has been sufficiently done in the indictments by the usual and common designation of yeoman, a term which, in judicial proceedings, has always meant free person, and is now ‘used in that sense only when a free white person the subject of indictment. Free negroes, p. rhaps, should be designated as tree oes, as they are not entided to all the rights und privileges of freeman, and therefore not yeomen in the proper meaning of the word. It would,theretore,have been tautology to have used the Words free person, where the word yeoman, meaning t! same thing, had ady been used, and thi ii indictmens could only be susu ‘The piisoner in this case has been ase not been dt prived of any privilege or right Was entitle under the law, by the substitution or use of the word “ ycomen,” instead of “ free person.” With regard to the number of inmate O08: for ave eoch claye- it has been urged that there been bu: one indictment, as it w frence—all the negrocs having gone off at the Analogies have been drawn trom cases of larceny, where many ar- ticles haVe been taken at one and the same time from the Bame person, in which c it is considered but one of fence, and, therefore, subject to only one indictment. But we see no resemblance between a case of larceny of dead chattels, in the removal of which the thief is the sole agent, and the offences charged in these indictments; where the voluntary act of each slave, for himself, sepa- rately from the rest, is necessary to the completion of the offence, each must actually run’ away, in consequence of the previous illicit incitement of the adviser, and thus are constituted separate offences, for each of which an indict: ment will pro} lie. ‘The act of assembly, we think, can have no ot! struction. Its languege is, “that if any free person sball entice, persuade or assist any slave or servant, knowing him or her to be such, to run away ful owner or possessor, and such ‘actually run away, such person shall be liable to indict ‘ment in the County Court of the county where such of fence his been committed, or in the City Court of Balti- if committed in the City of Baltimore, and upon viction shall undergo a confinement in the peniten- tiary not exceeding six years, ‘The inducement out by the free persons to the ed to many at one time, and so far if the crime consisted enly in that act, it might be the subject of one indictment only ; but fs the actual running uway is necessary to complete the offence, and is a separate act of each slave, the indictment must be considered as ceparaely applicable to each, who shall be inauced to run away, and it therefore subjec' the adviser to as many indictments as there may be slaves who may be influenced by it. ‘The several motions in arrest of judgment, and (if any) for new trial are overruled. Sentence.-The following is the sentence :—On the Ast indictment, confinement in the Penitentiary trem Dec. ‘Wth, 1344, to 21 ot April, 1847. On the 2d indictment g until 2; of April, 1949. On the 8d indictment, until 2d April, 1851. Boston. (Correspondence: the of Herald.) Boston, Dec. 27, 1844. The Boston Collector—Misrepresentation Exposed. James G. Bennett, Esq. :— The New York Herald, it is conceded on all hands, is eagerly sought after by individuals of all parties, as affording the best, earliest, and, gene Tally speaking, the most correct information upon all subj+cts of public interest and importance. Such being its reputation, it follows as a matter of Course, that its statements and opinions in refe- rence either to individuals or parties, exercise a Cerresponding influence, favorable or otherwise, upon public sentiment. ‘ 4 These remarks have been induced, in conse- quence of observing in the Herald of the 22d inst., ugver te head ot ** Boston Correspondence,” a Most unjustifiable, vulgar, and malicious attack, upon the oflicers of the cusiows in th pis particularly upon the efficient and popular Collec- tor, Lemuel Williams, Esq. [a this article, the writer, utter having fulsely stated, that “ all the offices in the district, from the sweeper in the Custom House, to the highest in the gift of the éxecutive, are lotted out,” [aoe to his abusive tirade ugainst the Collector himself, wno 18 aid to be ‘sit. vering in his shoes;” and representing him as having neen denounced by the democ: “as unjust, amid, and servile”? Such, Mr. Editor, is @ specimen ot the abuse of this contemptible, ano- nymous seribbler, why, to gratify nis own malig- nant feelings, and perhaps those of some few others like himself, has seen fit to vilify Mr. Williams The iujustice of this attack, and the scandalous miisrepreseutations of his own conduct, as well ay that of the democratic party towards the Collector, is both felt and expressed by every one having ac- curate knowledge upon the subject in this city. Aud notwithstanding all this, you will allow me to acsure pe mig that a better, more efficient, or popular officer, can nowhere be found than the present Cullector of Boston. His age, long expe- Fience in the various duties pertaining to his Office, and a close and constant attention to those duties, abundantly qualify him to discharge faith- fully and acceptably his office of Collector. Nor is he denounced by, the democracy. On the con- trary, itis kuowa tothe writer, that the democra- tie party generally, 1uciuding most, if not all, of its leading aud prominent members, are stroogiy in his favor, and desire his continuance in his preseut office. These are the facts, Mr. Editor, aud 1 is , notin the power of your correspondent to disprove them. Assertions to the contrary, to be sure, may be made; but mere assertions, without evidence to support them, are deserving of but slight consi- deration, : _ Knowing too, as I do, the sense of justice and liberatity which have ever characterised your course, as the conductor of a highly popular and independent journal, | rely upon it in this instance, and respectiully ask of you to give this contradic- tion of the calumnies and misstatements of your correspondent, a place in your columns. Justice. TRiat AND Impatsonment oF Boysr.—We un- derstood yesterduy, that some xentleman of this pins had made provi mney , to proceed to the release of Heory Ricketson, and imprisoned on w char, ‘escape of a iugitive slave. It is too lat anything of the kind now. Henry Boyer and sentenced to four years imprisonment in the Peniten- tiary of Virginia.—New Bedford Bulletin, A Horniste Arrain.---The Rockingham (Va.) Regist«r of a late date contains the particulars of a hor ribie :ffair, communicated to the editor by a gentleman of veracity, which trans, ired in Randolph county, in the western a ot Virginia, in Jane, of the pest summer, The Register says :—some three years ago, on Cheat Ri- ‘ver, in te county, Virginia, a man by the name ot Carr, a married man, formed on attachment for a gentle man’s wile by the name of Woolford. Thetwo agreed to run away together, and without delay executed their de- sign After on absence of about vighteen momthe they revurned to the same neighborhood in which they former ly Lved, where they resided together about eighteen monte, daring which time they had one child They at many threats from the neighbors, and from wha followed 1¢ 18 more than probable t threats were car- Tied into execution. that the house occupied been consumed morn fire* mination of the pie ‘muses, the bones of (eo cnlld were ‘ound in one corner y the house, the bones of the mother were resting upon the ohaff tick, Ned by, hich was not altogether consumed by t fire, ond set tas meae were te 2 mid. dle of the room, his heart being whole,and “ed to bi Boon svered from Mis bod His a NEW Vicksburg. {Correspondence of the Herald } Vicxssura, Dec. 6, 1844 Politics and Fashion in the South. West —Celebra tion of a Victory—Procession—Ball—Beautiful Ladies Dear Sin:— The activity of the canvass just closed has so occupied my time for the last four months that I have scarcely had time to read, much less to con- tribute to, the interesting columns of your valuable journal. So long as your paper predicted the chan- ces of election in favor of Mr. Clay, it was all right, and ‘ Bennett was the only independent ed- itor in the country; but when your experience and foresight confirmed you in the opinion that Mr. Polk would be eur next President, and you gave expression to that opinion, then the tune was chaneed, and “Bennett was bought up by the demverats;” at one jump you became “* an de- void of praciple, who would go for the le that paid you the largest wages.” The result has proved your sagacitg, and with all independent men your paper maintains the high stand to which its cor- rectnees and impartiality justly entitle it. The campaign being over, the democrats seemed dispesed to rest content with the victory they had achieved, and, from respect to the feeli of their opponents, to forbear any public demonstration of their joy. This forbearance, however, was not roperly appreciated, and they then determined to jave a procession and ball in honor of the victory. _ The procession ceme off on the 20th ult. and was indeed a eplendid affair. At seven o’clock, P.M the democracy met at the Latreig Pole, near the Court House, and headed by the frigate Constitu- tion, commanded by Capt. T. E. Robins, with Robert Balch for first Luff, moved to the resi- dence ot the former gentleman, which is situated on ene of the highest points of the city, and which was magnificently illuminated. On the western front was exhibited a beautitn! transparency re presenting the rising sun of democracy dissipating the clouds.aud fogs of whiggery—in the centre was the glorious ‘* striped buating,” with a motto, ‘its tolds are ample to protect and shelter worshi; pers of every clime”—on the other end stood ** old Chapman” crowing loudly—on the south front, facing the residence of the Hon. 8. 8, Prentiss, was another transparency, fifty-one feet by fifteen, representing a colussal rooster standing on the rock of democracy looking intently at ‘that same old coon,” who had taken water, and was seen swim- ming towards Ashland, which appeared in the dis- tance, dark and gloomy, its old Ashpole, vibrating in the breeze , over the view ot Ashland was the motto, “Ashland we invade not.” The proces- sion lighted by a hundred pine torches and trans- parencies innumerable, wound up the hill, and stopped at the front entrance, sending up brilliant rockets amid the roar of cannon, and the cheers ot the multitude. A ‘log cabin” (representing the whig principles) filled with combustible matter, was set fire to bya proadside from theConstitution, and was soon a8 comple:ely demolished as the par- ty which it represented. The procession then de- scended the hill, and under the direction of Col A. M. Winn, chief marshal, assisted by fourteen assistant marshals, each bearing the nanie of a de- mocratic Stete—marched through the principal streets to that quarter of the city known as Spring- field ; there the scene was brilliant beyond descrip- ‘ion; this portion of the city being ierraced, was admirably adapted to give effect to the illumina- tion; almost every house was illuminated from cel- lar to attic, whilst those of Dr. Hanstord, Mr Searles, and Col. Green, seemed a periect pyramid of fire. The procession, among which were ou- merous carriages filled with beatiful ladies, march- ed on, amidst the cheers of the citizens, and the smiles and waving of handkerchiefs of the fair dames, to the head quarters at the Hickory Pole, and isos rate about twelve o’clock. _ The ball came off yesterday evening at the Pren- tiss House, the whole of which edifice was en- gaged for the occasion by the committee of ar- rangements. Howl wish your Ariel were present todescribe the lovely scene! The large baltroom was thrown open at nine o’clock for the reception of the guests, and was soon filled by the beawy and fashion of Vicksburg; while, mingling cheer- fuilyin the crowd, might be seen many of the sturdy sons of toil and labor, who have heretofore been too frequently excluded from such assembla- ges. Here indeed were those waose only crime (in the opiaion of some) was the absence of those worldly gains which too often corrupt and degrade our better nature. Thehardy mechanic, with his todustrious and pretty wite or daughter, mingled with the fair lady whose wordly prosperity might have made hera more conspicuous leader of faehion —the poor, the rich, the laborer and the lawyer, with theit families, met in social intercourse, and enjoyed the happy hour, without condescension ym one side, or a sense of being patronised on the other. The ball room was een arranged, and was decorated pascigally wilt large and costly mirrors, which reflected back the gay and lovely scene—ihe committee of arrangements having, in consid ration of the many whigs who were invited, torborne to put up any emblem or device of a cha- racter likely to wound tne feelings of the defeated. e chaste simplicity of shy devesativue ved characteristic of the lemocracy. Chapman’s celee orated band filled the orchestra, and poured forth the most melodious harmony. At half past nine, dancing commenced, and all present seemed to enter into it with a hearty good will. Among the ladies present, conspicuous for intelligence and heauty, were Mrs. G. H—k—ns, Mre. R. and Mrs. G—, and her niece Miss C. Boom, who attract- ed ail by her surpassing beauty and grace. Mics M. J.B , the Misses d, Mrs. P—— and Mrs. P———d, the Misses H———an, e- pecially Miss E. H., dressed in black (which showed to great advantage her fair face and sunny curls) seemed to hold captive more than one bachelor, while Govenor B—— and some of his staff were often by her side ; her sister, Miss H. H. attracted as large a crowd uf admirers, quite as enthusiastic, bat of lighter materials. The ladies’ supper tables were four in number, arranged in the form of « crose, ** Saltier-wise”—and were filled with every delicacy and luxury, that Vicksburg or New Or- leans could afford. Te was by far the finest supper have ever seen in Vicksburg, and the delicious ls were washed down by the richest cham- paigne and other wines, in abundance. At twelve o’clock, the dancing recommenced, and continued until six o’clock ia the morning, when the com- pany dispersed well pleased with themselves, and with each other, and well pleased with the elec- tion of James K. Polk ; which, if no other good How from it, at least afforded some hours of un- mixed joy to hundreds of our worthy Rian oy Baltimore, [Correspondence of the Herald } Baxtinore, Dec. 28, 1844. Christmas and its Festivities— Masquerade Parties —American Republicanism and its Prospects— Amusements— Maryland Senator—Vague Suppo- sitions of Correspondents— Improvements, §c. James G. Bennett, Esq. : Chrietmas has come, and, with allits joyous fee- tivities, has passed. But it passed in a style truly commendable with the orderly inhabitants of our city—in a style truly censurable with those who are associated for no other purpose than to enact disturbances—disturb the quietude of our city, and to involve themselves, as well as others, in dis- graceful riots. The occasion was not marked by all those merry-making times of former years, when the whole family circle joined together to make the occasion one of pleasure end joy—when no one was marked by the cold, formal indiffer- ence of these days, but every one united to add pleasure to his friend’s enjoyment. Times have changed, indeed, and “‘ the march of fashion and modern tom-foolery”’ will, ere long, erase from our minds the way to spend a happy Christmas, and compel us to observe all the unmeaning form ot fashion, entailed upon us by the votari “cold fashion.” It our people do not take strict care, such will be the case soon—never, I trust, however, in the “‘Monumeatal City.” Durivg the forenoon many of our ciuzens attended pl. of vublic worehip—temperance meetings, and other places of improvement. In the afternoon visiting was the general employment. In the evening the snerry-Making part of the perlormances came off. Masquerade parties were numerous, and seem to Nave constituted the principal eport of a large por- ton of the or-seeking people of our city. All che thrown off things of other days were called into requisition, and fitted out in some uncouth gar- meats, every one mixing indiscriminately with his unknown neighbor. A pleasant amusement this may be to some, but I question if the many females who are 80 bold and ready for fun under the cover of a mask, would be willing to have it known that they constituted a portion of such a party. A Grand masked ball came off in the house of one of the first families of our city on Christmas evening, and if we are to judge from the general character of these secret balis in high jife, I would dislike to record the proceedings of that evening. A pleasant amusement it is certainly, to accompa- ny some one in a promenade, both masked, and each one not knowing whether his or her neighbor is a jail bird or not—whether white or black. The world dees not know halt of what takes place in such assemblies, and the most respectable families in spite of their ignorance, encourage such haunts of vice and debauchery. This may be agreeable, assome say, aud 1s extensively patronized in New Orleans; but may it not be Toda this very fact that so much vice characterizes that city? Wedo hope that they will be continued no longer as plans of amusement—that every temale, of decent stk will frown upon such mixed and un- nown assemblies ; and that the male portion of our cities will discountenance the scene of somany quarrels and outbreaks of passion. More hereafter about the consequences of these masquerade parties. American Republican.sm, alias Nativeism, 1s making but slow speed in our city.4gWhen, at first, immediately succeeding the election, a paper was started here, devoted to the advocacy of their prin- cme it was received with unexpected enthusiasm. The whigs had just been deteated, aud 80 unex- pected and great the shock they recrived, that they appeared willing to do anything to regain their toot- hold. Nativeism was the straw at which the drowning party cavght, but it has only provea a cemporary rescue. lt was, at first well received, but feeling has been gracually subsiding, until now, we can scarcely hear a word on the subject, even from its most ardent advocates. The whige of the Union seem resolved to stand by the old standard, and rally under the old name, leaving all new-tang- led doctriaes out of the case. They see the im- possibility of bringing the subject in such a light betore the people as ‘0 secure their approval, and even its organs cannot find a subject upon which to discant unless it is to applaud its advocates in our national Legislature, or reiterate what has been said over and over again, about the necersity of a change in the naturalizationlaws. The Clipper has assumed, af vou are aware, to gdvocate its princi- ciples—the Visitor takes. autagoNistic grounds. Our places o, amusement are now well patroniz- ed. Burton draws large houses, and the Museum ia nightly crowded by the lovers of the dea- ma. Mr. Jamieson takes his benefit to-night— a full house will testity their esteem of his merits. Holiiday Street will be opened soon by another lessee, not by the one who proposed to open it on Christmas eve, and by whom many were disa vointed, I presume, through the impossibility of taining the services of Mr. Anderson in time for the occasion. The Fakir of Ava is still here, nod has been well received by the citizens of Balti- more, since his commendable prevents to the poor. Some of your correspondents seem pleased to scribble on the probable person who will fill the present vacancy in the Senate of the United States. They talk and write much, and yet are about as well acquainted with the real subject of choice b: ihe Legislature as I am, and I know nothing at ail. They may imagine that their correspondence on that point is very weighty ; and some may even suppose that their suggestion may influence the choice of the Legislature—so I would judge from a recent letter from this city—I would say, let them ve cool, and in short time we will all know, as our Legislature convenes on Monday next. Our city is improving very fast—many new building are uow in the course of erection. Houses and large stores of all descriptions seem to be going up tast, though the whig prints predicted such an awful state of business, if percnance Mr. Polk should be elected. They now look onwith pleasure at the character of business, and find that all their pre- dictions were falsified about the disasters to busi- ness in such an event. Q. Personal Movements, The Cincinnati Enquirer announces the arrival in thet city of Mr. W. H Polk, brother of the President elect, who informed the editor that the latter would leave Columbia for Washington between the Ist and 10th of Febraary.-- Mr. W. H. Polk stated that he had ‘visited Gen. Jackson within afew days, and found him quite feeble, being now nnable to walk. The Senate of North Carolina has expelled one of its members, Mr, Ennett, a Senator from Ownslow county, for presenting to the body a forged certificate of hie own election. A rabid native, anti-Catholic paper. commenced some month since, in Boston called the American i aaa been discontinued for want of support. The Rev. John Patrick Dunn, the celebrated Pastor of St Philipde Neri Church, Southwark, left Philadelphia on Friday morning, to take the packet of the Ist January ‘or Liverpool, on his way to his native land, ‘Green “rin,” for the benefit of his health. Gov. Brown, of cate pe will be renominated at the Convention to be assembled in June. Mr. Polk has promised to atop one or two days in Louisville, on his way to Washington, and fixes on the Ist to the 10th of February for the time of his arrival io Louisville. Anson Jones, the President elect of Texas, denies that he is opposed to annexation. His letter to the National Vindicater, a Texas pa; 6 :—“The charge that | am nimical to further negociation with the United States for the re-annexation of our country to that, is wholly without foundation in fact, and a base slander.” Whe Pe ant Burges and FURGr RaFEile08., Satur Gay, but it was of course of a Leet d have heard it whispered, tl Messrs. ese . Protessioual character at Mr. Dorr expressed as disposed to be gratetul fur any effort which ht be made to liberate him, cove from whence jt avght, and whether promising a favorable result or not He would not of course expe to be responsible for any ion of his cae not made under his direction or the rection of his immediate friends. He desires to be free, however, and any effort made to accomplish such an end, oe fully appreciates and will applaud, whether they be successful or not. Wordsworth, the venerable poet, was present at the recent anniversary of the Cambridge Camdon Society Oa his entrance all the members rose and remained standing until the president had conducted the laureate 0 @ seat and resumed the chair. ‘Theatri &e. It appears, after all, that the Seguins and Frazer, are not getting on so well in Philadelphia with the ““Bohe- mian Girl.” The Spirit of the Times “The opera is getting along poorly enough now at the Chesnut street theatre. The Bohemian Girl has beea so penuriously gotten up at thet theatre that, notwithstanding the paid for—we mean the ‘charged’—puffs,in many of the ne’ papers, and their prodigious untruths about ite success the public will not be deceived into a belief of its excel ience. We like Old Drury, and regret to eee that it b fallen into such injudicious, poverty stricken, and parsi- monious m.negement.” Anderson, the tragedian, was to appear last evening at the Holiday street (heatre, Baltimore. Miss Moore, the young ludy of enermous proportions who created quite a sensation last winter, by enteriag 8 in Riymoad’s menagerie, accom- ch, is engaged to dance at the Marble as two popular London writera engaged production of a brace of new farces, in which his peculia: ents will be shown to the highest advantage Chese farces will prove a rich treat, on his return home At asole of theatrical property in London a share in Covent Garden theatre, which originally cost £50, was vold for 108 guineas, one of similar value origtoully, in Drury-jane, fur 100 guineas, and Sfieen £100 subscription shares for five guineas each. Sunpay, Dec. 29, 1844. Ma. Epvrrorn—Your remarks upon a late sermon of Mr. Parker’s, delivered in Boston, are unjust to the Unitarians. They do not claim him as one of their faith, and do not now exchange with him.— The bei et gh over which he presides, belong- ed, before Mr. Parker was born, to an association ; and ithas beea the custom of this association to furnish a lecture or sermon every Thursday. Mr. Parker was solicited some (wo years ago, to with- draw from it, but he declined. His recent exposi- tion of what he deems Christianity, must result in his expulsion, not only from the association, but the fellowship of the Unitarian clergy. Having been an auditor of his on Thursday last, I am mov- ed to offer these remarks, confident ot their bs Arrray ano Loss or Lire.—A young German, named Avgustus Van Glaho, who kept a stone in Aiken, came to this city on Wednesday, from that place, and delivered himself up to the Mayor, for the purpose of undergoing an examination in relation to the shooting a man named Augustus Stewart, on the night of the 24h instant. The particulars, as faras we can learn, were that Stewart anda number of others had made an assault on the store of Van Glabn onthe night of the 234, and were finally dispersed by the [otendant and po-se of Aiken, and on the following nixht renewed the attack, when Van Glahn, in self-defence. fired at Stewa t with @ double-barreled gun with tatal effect, the wounded may never #pevking alter receiving the shot, and he expired in a short time thereafter. Van Glahn off-red to give himself up in Aiken, but cognizance was reiused by the Justice, when he concluded to come to thie city and sure render himself.— Charleston Courier, December 27. Tux Weatugr.—After two or three days of stinging celd weather, it has finally moderated, Ce terday we had a warm summer's rain. The effect of all these cha: has been to give many of our citiz | colds, and of the worst kind. You can ong oe a person that is not complaining. —N. 0. Pic., Dec. 20. Common Ceuncil. mxw.—Last evening — Alderman Schief- ‘The minutes of the last meeting were Bosap or Avo: felin im the chau read aad approved. The Office Hunters Remonstrance —-A message was re- ceived trom his Hooor the Mayor. in answer to the Temonstrance of the American Republican Executive Commictee of the Second ward,against bis not nominating for officers of the new Police, the persons they recom- mended, His Honor replied that at the tine he made the nomi- nations he did so in the belief thet they had been agreed upon by the gentlemen representing the various wards in the Common Council. Alderman Ga. moved that the message be referred to @committee. He went on to restate the grievances of his Constituents, and thought thet a fair share of the spoils should be given tothe voters of the Second ward, i the a went into effect, which he still hoped would not be e Alderman Hassnovcx rose and expressed his regret that the Common Council had reterred the matter to His Hon- or the Muyor. It was not a proper course to pursue, and the Common Council had no right to cail him to an ac- count—it wus c mpromising the dignity of the Board, aud was extremely discourteous. He hoped that if the message was reterred, it would be referred to the Alder- men of the Second and Third wards. Paxsipent—Is thet amendment seconded? (A pause) Is the original inmotion seconded? (Another puuse.) ‘There 4s uo motion befove the Board. ‘I'he paper is ordered on le. Let's have no Liverpool Poli received from his Honor the Mayor transmitting a letter from Col. Wm H., Maxwell, stating that he had recently been to Liverpool, and had obtuined iuiormation respect ing the police government in Liverpool aud Gia:gow, which he desired (o present to the Common Council to aid them .n constructing and carf¥ing ont the police or- ganization in thie civ. Alderman Dicxinson—I’ve been a guin’ to Liverpool for the lust thirty years, an’ | know all about the po Jice there, and don’t want to know nothing more about it, an’ I don’t think we want Col. Maxwell to go to Live: 4 an’ stay eight or ten days, and then come back te tel how te reg'late ourjpolice here; an’ I think af we can’ get up a police here wit shut u, at once. Severalf petitions were presented and referred. Paying the Doctor.—The bill of Dr Warren, physician of the City Prison, for the sum of $56, for extra sé: v.ces, periormed at the watch house, was silowed. Modest Request Lenied —The Committee on Finince presented a report refusing to grant the petition of Wm. ‘A communication was J. Pease for release {rom tax, on the ground that he had embarked in a business tha: ought notto be taxed.— Adopted. The Croton Water Free.—The Committee on the Croton Aqueduct presented a report im reiation to the mods ot collecting the Croton water tax, and of turnishivg the water tree, Laid on the table and ordered to be printed. Papers fom the other Board —All the payers which come aute at their up im the Bourd of Assi ceived a concurr. ut action The Pauper and Convict Voters — Abuses in the Alms- House — Tne Commissioners of the Alms House presented + voluminous report concerning the abuses existing here- the Aima House, Penitentiary, Long Islacd and City Prison The report stated, that it was ible of proof that convicts had been permitted to escape Irom the Penitentiary on the eve of an election, on ts Also, that rmitted to leave have been permitted to manu- condition that they would vole certain paupers from the Alms-House had been und vote. Also, that they tucture articles for the officera out of the public property abinet furniture, clothing, and, in some ca! nd costly carriages. Also, that it had beer m to admit great numbers of ‘The report contain he report was referred to a ut the officers’ tables. o her matte: d ordered to be pi other resolutions were off: The Registyy iaw —Ou motion ol Ald. + report of tue sp:Cial Committee with the di ‘ter ascertaining by proptr proofs the cit. be entitled to the right of suffrage in the city aud count of New York,” was taken fromthe table 1 read aad adopted section by section. The uct provide for the registry of the names ot all voters in the city. section by section in detail und discuss it at length. A motion t joura was mate «nd lost Ald. Harsnouck then re: o'clock stood adjourned. Boaxn oF Assistants. - This Board meeting last evening—W. Eveapen., in the chair The minutes of the last meeting were reua and approved Petitions From inhabitants for grading and paving ‘26:h street. From William Valentine for correction of tex. Invitation—From Independent Order of Rechabites te attend featival to be held on 34 of Janwary—Accepted. Reports—Adverse to remitung persoual tax of Mr. Joho Herdmun In favor of releasing certain property situate in 4th street trom a lien or assessment in 1834, then belonging to John Austin, the amount being $145 14. A resoluvon in favor of paying John Morrell $5 34 wccompanied this report, releasing these lots from assessment. Patitions Referred —Of Joseph J. West, for relief fom assessment. Of sundry persons to have Henry Miner remunerated for personal snjuries received in 1842, while acting as deputy Sheriff in the election. Communication from the Comptroller in relation to the sinking fand, with accompanying re olution directing the Commissioners to cancel $260,000 in stock. jambling Houses and Houses Poultry —Resolution in favor of the adoption o1 un ordi nance to su Houses of If dopted. Jurors the preavnt aystem—Referred Papers from the Board of Aldermen.—Ordinancein favor ofan appropriation of $2,241, to defray the expenses of the Bouid of Assessors—Concurred. Report in favor vf eppropriating $161 96 for public chool ¢xpenses iu the Fourth Ward—Concurred in Washington Monument — Reso ution in favor of offering Hamilton, Blooming.tale or Madiaon Squar mittee of the Wa bington Mon ‘Dt Associ nizing them to select either of these squares the above monument. Referred tu as to the com jon, auiho u stone. In favor of offering a reward of $100 for the apprehension f the person or persons who assaulted Samuel vy throwing vitriol on him in November lust red in 1 resolution in favor of compensating Mr 4 clerk Mr. Citanzic opposed the adoption of the Rey Resoluuon. ‘The extraordinary expenses al ted by the new Board onght to deter t such a resolution and report. Mr. Heway moved its reference to the Committee on Charity and Alms Lost Referred to Committee on Applications for Office Report to pay Mack Ovkley. for certain claims upon the Corporation, amounting to $37, for work dune in 1642 Concurred ip. P. urker. The Board then adjourned. Board of Supe: visors ‘This Board met last evening pursuant to adjournment, and have turther adjourned until Mondsy week. Common Pleas. Before Judge Ingraham. Dec 30—-George Ormston, v. Mylex Murphy —This was an action of trespass {or an assault und battery alleged to have been committed on the person of plaintift, in a rencontre which took place as follows *—It appeared that the parties iu this suit are both printers, the plaintiff was fore formerly nin the Sun off e, and the latter had been in hit empioy Sometime in the month of October last detendaut came cog Sun office and pre. sented a dill the plaintiff, owed a nevere blow on the temple. It was put up for defence the defendant received several severe blows from Uff, and it was only in self-defence that he wrested stick from plaint f and inflicted a slight blow on hi forehead. Verdict for plamtfl, $75 Robert H. Morris, for plaintit’ , E. 8 Derry for cetend int. mm vol Before Judge herman. Dre. 30 —Temple Fay and W Wilson vs Thomas Wynn. —In this cause an action was brought to recover about $99, contained in three checks of which the defendant is alleged to be the acceptor. It appeared that plaintiffs ure brokers in Wall street, and received these checks fur money len’. On their becoming due, they were prerent- ed at the bank, where they were ble, but was told that defendant did not keep an account there. Said ome other important papers not haviag been he Court ordered a nonauit. Avrray.—At Columbia, La, a few days since, an atteck said to be entirely unprovoked, wos made by Dr. E. Regan upon Dr. J. M B. Thomson, with @ Bowie knife. De. T. was very severely wounded, but it is thought he may recover, Regan made his eacape. Trape ov tHe Kentucky Kivex. ~The new pack- et on the Keateety nver Is Opening quite @ new source of business, e have learned some curious fects respecting it, For exemple: the other day 4 man oo the Kentucky river asked the boat to bring @ small drove of hogs or him tothe city [t was done at 18 cents a herd The difference of cost to him was equal to a good profi: A gentleman came here from the neighborhoot! of Lex ington, and found that he could buy floori f. planed and grooved, for the same price he was asked for the rough stuff at Lexington, The Cn in quontity would pay 0 e the freight, so that he would gain by buying them her’. In this manner it is that e trade. We hope and believ: fitable business of it. He opens a new wa packet will make « pro- out a goin’to Liverpool, we ought to last meeting and there acted upon, were transmitted to this Board and re- ‘isitors and feast them ing of Ald. ee Hasbrouck and Dickio- Ou the question of adopting the act by tile, Ald. Hasprouck rose und #poke for an hour and & ball m opposition to the t, aid then anxounced that he should tke up the act med and several members absconded No quorum being present, the Board at 10 @ held a special Itt Fame—Roffling for ress Gambling, Reffling for Poultry ono ame, and of applyiug to the Legisiature for the introduction of a Bull to suppress the same— In favor of adenine be hy Courts, and the introduction ef a new jaw of the Legislature to improve 8 location pecial commit. consisting of Mesara Charlick, Voorhis and Bluck- McMin», Concui- ns referred —Of William C. Bryant. for corree- x. rk in the Commissioner's Office, tor pay tor rt and vor of altering the date of the resignation of Miln YORK, TUESDAY MORNING, DECEMBER 31, 1844. him | would put him into the barrel if he did not remain Court of Over and Tepminer, quiet, held Afmstrong’s wife when she had a briok bat In Before Judge Kent, and Aldermen Bunting and Jackson. Dec. 30.—Delinguent Jurors —Seventeen Jurors were fiaed $25 each, for non aitendance A tales were ordered. Munpxe ‘Tran. William Armstrong was then placed at the bar, charg: ed with the witul murder of James Cluudsley, in July last, in the ninth ward in this city, by stabbing with a knofe in the abdomen. 'M ©. Patensow, Esq , Distriet Attorney, asked permis- sion of the Court to be allowed to ask the Jurors, ou being sworn, whether they entertained any scruples as to fud- ng a verdict of guilty, where death would be the penalty in Case of murder. Some of the Jurors answered utfirma- tively, and were excused from serving. Three were chalienged peremptority. ‘Tue tullowing were then sworn:—Francis Barrett, Wil liam Connor, John Power, Goorge W. Bogert, Charles Rose, Louis W. Holmes, Kussell Dart, George Greenley, Cnarkcs Alphonse, Danicl Conover, William L. Saunders, Wiliigm Shannon. The prisoner was then arraigned. Hs iaWlow sited man of rather a repulsive aspect—the countenaace betraying on expression of strong passion and natural irrascibility of temper—of about 45 years of age. His wife sat with him in the dock Ma. Pew.s ‘ated the case when the first witness was called. Groner Surtie sworn, examined by Mr. Paterson.—I lived in July in 49 Bank Street ; | know the prisoner at the bar ; he lived there in a basement in July last ; 1 knew Claudaley the deceased ; he was a plasterer ; | saw him wrestling With the prisoner on a Friday in July ; Claudaley had a piece of square weod in the front of the rear stovp ; [was with him ; Armstrong came up from the basement with aknife and rushed ut Claudaley ; he flung the knife eway—and his wife Mra, Armstrong took up the knile ; Armstrong then seized Claudsley by the collar and Claudsley caught him; Armstrong Called mned pup,” and said he would fight him ; Arm strong walked up aud down and threatened revenge ; | struck Armstrong also when they were together ; Aman named Robinson drew Armstrong off Claudsley, her possession, forthe purpore of preventing her from throwicg it atthe boye; do not remember alter letting Mrs. Armstrong go, Whether I did not release Ar from the boys; did not see that Armatron, blue or that his shirt was tore off AFTERNOON sxSSION. The Court met at 6 o'clock. Matitpa Story being sworn, testified—Heard @ noise; looked out to see the cause; saw Mr Armstrong and ko- binsou in the yard; saw’ prisoner throw # barrel among some children thet were playing eround; saw bim after- wards walking about ,the yard; | then soon alter saw him throw @ brick-bat at Clauasley’s head; Robinson went out and caught hold of him to prevent any farther disturbance; prisoner then w.nt down end commenced striking the stoop, and did not see anything else until I heard that Claudsley was killed; did not see Armstrong thing in his hand; when I went to see the boy ; me his wounds, and while doing so the priag- ner entered. " : -Ezamined—Did not see them fighting; did see parating them; saw Mrs Arymetrong in ir. Robinson do anything to Mrs. Armstrong Jane Lecxwoop being sworn, testified—I lived in the same house with Mrs. Story—heard a scuffle up the alley wentup and saw Armstrong in the yatd. J think he had on his shirt. Prisoner was quarretling with the boys, and lifted a barrel and threw it among some chilaren. Armstrong went to the back of the yard. Did not see who ibrew the brick. All this wes done in about 10 or lo minues, [came out egain—prisoner was apparenily spesking to Claudsley, who did not appear to pay atten- tion to what he said. Prisoner then mede a rush ot and struck Claudsiey. Could not sey how often ehe was struck. I then went up tojClaudsiey, and could remark ‘@ spot upon his side where the blow had been struck. Cross examined.— Mv. Ai peared to be a very fine man when he was sober ; but when he got in liquor he appeared to be deranged. Did not lose sightjof him for above @ second while 1 wasin the yard Did uot see that and Armatrong then jamned pup” Arm- | tie boys had prisoner down in the gare. Did not see him strong then went » ani brought out 4 | Knocked up against the cistern. When | looked up the knife. I osked him it be meant to stub Claudsiey. Clouds- | alley, saw prisoner strike the boy. Saw Armatreng—was jey was standing outside the stoop at this time, and he e boy not in the alley above two minutes until [ saw in the bail, ke. ull bloody pstuble, and subsequently went into the hou and I observed his pantaloon: about the thigh. | then went for a Police C found Claudsiey on the floor, lying down. beequent- ly saw the body, when ho was dead Claudsley was about 18 years of age He was stout built, but of low size hisoge. Lattacked Armstrong because he attacked I did pot see the blow inflicted— 1 saw the rush. Cross-examined by Mr. Wuirinc—1 was born in Saot- luud and came to tus country a year ago last 8 prember; [lived with Robinson ; he is a plasterer ; Armstrong is @ laborer ; Armstrong and Robinson are nottuends The otject of putting owt the piece of wood was to make a bed of it for Rotinson’s children ; the board was tying one end on some bricks that were inthe yard, and the other on the stoop ; Armstrong rushed into the yard on Claudsley; I did not see him stab Claudsley ; I struck Armstrong on the head ; Mrs, Armstrong came out of the house, aud then took up the knife ; Robinson came out while | was engaged with Armstrong ; Claudsley was strong was down ; | hit the prisoner on on came out and tovk hold of Armstrong Aree, caught Robinson ; Arm- strong then said he would fight Robinson. This was uring the first row. The second fig took place when Armstreng threw a@ brickbat at Claudeley after he (\rm- strong) came outot the house, and I guess Claudsley rushed at him accordirg to the beat of my recoliec:ion ; | now at it was Armstrong that rushed at Claudsley ; { have a slight memory, and | think that it was Arm- strong that first rushed on Claudsiey ; I interiered to de fend my neighbor ; Armstrong at the end said he would otor an officer; Mrs, Armstrong was crying ; Arm: strong threatened revenge to me and Claudsley , be then weut down thealley and he woul) go for au officer; Armstrong returned and | struck him onthe head ; this was the third time ; Claudsley and I hit Arms:rong this time and he (Armstrong) had the knife; It aw the knife in bis hand ; he was standing w'th his back to the coal house and recovered from the blow ; Id) not know Fenavson being sworn, testified—I live in the reur building in the bouse with Mr. Armstrong; heard @ disturbance in the yard; saw the boy on the stoop with a boaid; prisoner asked ihe boy what he was do.ng, end said ne would’nt allow bim to saw it; 4a altercation bem,aod Robison separated them; he then and offered to fight, and @# no person , be put ou his shirt avd went into the house; me into the yard about fitteen minutes efter; through he told the boy he would have his re- alter he was stubbed keeping por saying be hed been stabbed by the prisoner, and would consequently die Cross examined ~Saw the boys :trike the prisoner, and also saw yhe prisoner return the compliment; I do not know of my own knowledge where the boy was stabbed; Tcunnot say who was swearing when the brick was thrown. Mrs Butier being sworn, jified—I live at 49 Bank sireet, second story, back Tro i sew Mr. Armstrong ea blow, which the boy eluded. I saw ice from my own window. James ANpenson being sworn, testified—I live at 61 Bank street ; | Went up to see this boy, and entering into the yard, |eaw Mra. Armstrong endeavoring to persuade prisoner to come in: while I was in Mr. Robinson's, I heard the two boys quarreling with Armstrong, who won endeavoring to persuade them to fight, saying be wor have bis revenge. Soon after, | hewrd @ loud cry, and on going to ascertain the cause, met Claudsley coming in trom the stoop, holding his band upon his gro’ which the bloed was flowing, saying be had been. hy the prisoner. Cross +zamined.—I think it wan very neer 7 o'clock when this transaction took place. From my former knowiedge of the prisoner, I Kept ent of the way, so that L might not be cognizant of any occurrence that might what sort of a knife it was; or whether it was Claudsley's | ie place. I heard the blows while I was in Mra. Kolan- knife or not; Robiason lived on the first Moor; Thad | sont dutticulties with Armstrong before. The evidence for the prosecution here reste ‘gVirect resumed by Mr Parxnson—Armstrong came back the last ume im his shirt, and threatened to figut- Robinson. Dr, Wa. W. Jonzs—The deceased Clandaley, entered the hospital on .6:h July last, and died on the 80th; | ex amined the wounds; he had two wounds on the abdo men over the left thigh; the intestines protruded; the wounds were a little over an inch in size, und were what are called Incised wounds; such as are produced by & knite; the liver nad been wounded; his death was causvd hy inflammation occasioned by these wounds; | informed him that his wounds would occasion his death. The deposition of tee deceased taken by Dr. Rawson on 29th Juty, was here tendered in evidence, and the Dr. was also produced *pan the stand, alter some brief argu- ments as to the admeetalty ef the written declaration aken by /he Dr. who # Coreuer of the county, Dr. Raw son Was examined. [ em Coroner of the city; [held an anti mortem examination ot Claudsley; Mr. Haskett was present; this peper (here ounded in) is acopy of the ex smina 10M of Ciaudaley taken in extremis, D. Jones was iso p-esent; the poper net being the original under the ngnuture of witness, Was not admiited; 1 took the evi dence from bis own lips and put down what he said. The original declaration was here handed in, and wit- ness was allowed to read it to refresh his memory. Mr. Wurtina objected. Ceunt overruled. Witness. —Claudsley sa The pape Cross examined. ‘Thos. P, Waansns, being sworn, testificd—I live in 68 Bank street ; | saw the two boys striking Armstrong; cant say that Mr. Rob:nson struck him; my impression is that Mz. Robinson had hoid of Mra Armstrong; where I 00d | could easily perceive that the boys had a bold of prisoner; his shirt was off; he was not then above foot trom the fence; cannot say whether they struck bis head tgainst the fence; Mr. Armstrong then went into the yard. Some time after I again looked out und heard Mr. Armstrong say that you have hurt me, and something spout having an otficer to apprehend them; he then went jown the alley, wath his face towards the stoop of hisown house; he then came back into che yard, towerda the stoop, and as he was coming up one of the boys made a eeptoward prisoner, and | heard blows poss between hem, snd they got prisoner partly down; soon alter | hoard a screeching; and soon after head @ person say that Clandsley was vadly stabbed. ‘Cross-examined.—| got out on the top of the root of my toop, | was then pardy dressed ; after ] went in the first me { was about five or ten minutes iu dressing, when I zain leoked out and got up on the roof of the stoop It » as light at this time ; [heard him say he was bust and sat he would have them apprebended; he Likewise mut- tered something which | could not understand ; at this tie | could not see the boys,irom the position I stocd in; uld oaly see the front of the soup, although | could all the yard; should consider the stoop as forming t of the yard; from the manner in which the boy sade the step of the stoop, I should think it was his in- tention to grapple with prisoner. he believed ho was dying. ‘s dying declaration jury that sat round the bed swore & He made no declaration es to his condition before he was Mrs. Wannren being sworn, testified —I live next door svorn. I gave thecounsel for the prisoner, Mr. Haskett » the pris ; saw the two boys strike Armetrong and tho privilege of putting questions. I took down the evi- I x nock his head ogainst the fence, I saw him teke ap @ lence, making no disunction between the direct aud ick and throw it in the direction of the boys; I cross exumination. 1 prisoner walk down the alley, and J saw Mra Aj Mr Parxnsow here affirmed the document referred to } rong walk down the alley and wipe her husban 1s the dying declaration of the deceased. Le saw Mir. Robinson having a hold of Mrs. Arm- Mr. Wurrine objected, and contended that the paper | pong ; while Robinson bad a hold of Mrs. Armatrong -howed that deceased considered himself in a dying con- yoys were striking prisoner, and str ea jon of others and tition, grounding ty not be considered 0 not of oO he fence xamined—The boys ultimately let him up ; prtsoner make Use of any threats to the boy Buren being sworn, t 1 live ‘in 49 op ; Mr. Robinse: between the boys end prisoner aod took th dtrum them ; | saw the prisoner walking sbout the find ; [xaw the two boys and pri. @ument between the visrict Aur 8 to the admissibility of such an After some noy and Mr Whitin instrument as evidence The Cover mted it out as a declaration in extremis. Mr Jonas B Pricises testified to having been prsent luring the ume the deposition «f deceased was being aken down, and that he was in a very languid conditio Mr. Hasuntr testified to the fact of his having discon th» cross-examination of accused in consequence treme languor w then objected to the paper as depositios ad of the cross examination not being finieh ard a noise y csused by the g of the pri the fence ; L afterwards “ uf the parties at the foot of the cin’ say Who commence pgrged in it; | could not therefore that it was incomplete part of the ‘ay ot the at axinu H ToRwen Was prenent at the time of the toking qaarrete bacw os harpoon pease) cobs if the was in a very languid ‘were very much tore ; could no. sey it he was condit , and have seen bum in (ie prison, and I take no particular interest in him Da Jonus recalled.—I considered he gave his anawers 1 ‘ross examined —1 can ace the whi stoop; could not Kee every per cop ; tence about 6 feet uigh ; eould # se wus 64 feet high; if he wes from one to two feet om the stuop; beard Robinson threatened to put prison- v's head into a barrel Jony Ansetaona being sworn, test fied—1 saw the pri- juer aller his arrest ; part of his arm wae bruised and is tace was blackened ; this was four days after the ac- dent occurred, . Rowsnr Monnison being sworn, testified —I saw him +r the sffray took place ; his eye was black, ond the sec partly hurt, too, this was on the nightof the effray. ir’ Tuanem being sworn, testified —1eaw him the Ionday aiter this occurred ; his face was brused, the ck of the head cut, aod his acme were also bruised ; I le of the platform on rec lled —Deceased appeared to compre: ions {wily @ then required the objection for thr sof the depusition ; to be noted. The objection was finally overruled by ‘he Court, and the de position waa read, and confirmed the testimony already adduced, with the mportunt addition that the wound» were inflicted by the prisoner Mrs Rominson was then sworn, and testified to havi seen the effray—that Armstrong came up and kicked t 1 saw Mr Robinson take hold of prisoner and hold hin; after he was released, prisoner threw a barrel in the rection of the parties, and said he did not want to figh with Robinsoo. Pri ulled off his shirt, and threw | ‘Cr vlda hin cc's 1880; hie charecter 1s good 1 brick ia the direction of the boy. Robinson had th dustrioues very bind to hie wilesnd feaily «be Bes not one intosthe house ; he then @xme out ood seperated | Grqed tor the lost three): ere; bis geueral disposition them ; he afierwerds went to his own house. Pr id emper are good ; never heard of auy violent temper ked Claudaley to fight him, which he refused Prise vig any ditt ulties in comrequence suid he would have his revenge, Claudsiey was sianding va the stoop with the prisoner. I saw prisoner strike Cloudeley ; [ then observed bim havea knite in the hand he truck with ; this was about (en or fiteen miuutrr after his departure whin he made use of threats, N blows «ere given whils walking up ond down the yard Saw him strike only one blow. I think | saw tbe appear ance of mud where Claudsley was struck, Which on ex amination was found to be blood Cross-examined by Mr. Warrisa.~ Crosmexamined.— He ik & temperate wan; have aeen dunk ; bie temperas calm enough when under the fiuexce ot Iv vor vie Wane being eworn,testitied — When prisoner work- Lime, he was alwayevery q iet Crogs examined —1 am the owner of those buildings in Lak #treet ; L think a person sitting where Elijah But- 1 Was siting Could see nothing but the stoop; | would (call tim ao intemperate man; he could drink occa- No bad feeling be tween my husband und Armstrong existed—no contro | tye “you pl Ee anges versy while taking tea. 1 said sumething to the boy « ee dae fr eee pa Ray nerscraaite yg rye About making w reise, "When Armstrong came up, I ten! : wit my husband to prevent any quarrriiing Noblow | Mr'Hasnsson'was recalled by the prisoner's counsel;, was struck until Robinson went out. Robison did not strike prisoner. Laas tm | took off his shirt, having previonsly thrown a brick-bat ot the boy’shead The brick went very near the boy’s heed; | cannot ray whether Armstrong wos struck er not’ Robinson dit not at any ime hold Mrs. Armstrong and encourage the boys te trike Armstrong After the brick was thrown Arm strong went bome—[ saw him teke on axe fir urpose of breaking through the stoop The id not beat prisoner in the alley, When he came tack was made upon him. Cloudsley war nee saw hu Jentakercetion with another party it don't know who w Momnison recalle heurd of his being of a position. he i an industrious man. The testimony lowed. vomioide. Mr. Parenson replied, commenting upon the three and ng on the stoop when Armstrong came up to hin inet be : Did not’ go out betora my husband Mam Oy | re orants reat: toare caved mathnaenswelo Teameita? to how I would swear against Armstroi ‘Afver some brief argument, d testified that he exim a Minater therow-ethey | if Paransiow summed up, couflaing himself to the ere technical points in relation to the character of the omivite Mir, Wastine briefly replied The Count charged, de cherecter of vader, honueide, and menslougiter uw its feur various grees, the present care coming within the third degree jaw, in the opinion of the Court conor then wen t rough the evidence introduce, to sustain it, and com onted on its general character ; and aiterwards charged vtitthe jury thought he committed the act with the y meditated i.tentvon of k Hing Claudsley, then the jur ' ist bring in the prisoner as guilty of murder. Wie nor tuen fend the dying declaration of the deceased, os ) the testimony of ‘he other boy, Suttie, who was be- shim when the act was committed, and aftr a tew veral remarks on the general features of the case, leit in the hanes of the Jury, who retired he Jory found the prisoner guilty of manslaughter in third degree The wife subbed audibly on the delivery of the finding, len the prisoner withdrew in custody at 1) o'clock, vir Hrekett ¢xumined ali the witnesses for the defence the direct J testified —James plasterer, and Claud ‘tot the time d boy were drawing lines upon a board on the stoop ; A pg came tp, n looking eut at a window | prisoner throw a barrel, and seemed disposed to fight; | vent out and threatened to stri ad put the barrel into my own room. When! came out the last time the boys were quarrel ing with Armstrong ; I asked Claud ley if he was stabbed, when he said he was; | immeditte y sent for a constable an also a surgeon to examine thy | wounds ; Ixeparated them while trey had the difficulty | thout the board ; Jaw prisoner go into his own house; | | font remember to have seen him take off hie shirt; ber | | | | vis ahirt on soon after Claudsiey was stabbed ; did be we prisoner until the Coroner's 1 queat was held on thy body of deceased. When [ atked the prisoner why ? was making s© much noise, he said he wat d sirone o nending his shoes on the sto: p, and wented the beard to that purpose. Cost examined. —Could not say that the pritoner we + Oe niox cated at the th No not remember what twa | Detta Wenster Convicten —The Lowisville vurier of December 24, saye:—“*We learn trom Xington thatthe jary in the case of the Common: ealth ve Delia Webster, returned a verdict of guilty, sd two ycarsimprisonment in the Pcnitentiory, The cial of Fairbank was to commence yesierday, No doudt was entertaiged of bis conviction. oogeged in when Transaction took place; went ovr when | heard the boys quarrelling; came inas soon a | udjusted their differences; that was the only intasement of my going out; no person directed me to go out; bad no conversation with his wife before going out; when I = out on the stoop, and saw Armstrong quarrelling, I