The New York Herald Newspaper, March 27, 1845, Page 1

= mn Vol, X1., No, 85—Whole No. 4047. Trial of Rev. Joy H. Fairchild, On the Charge of Adultery with Miss Rhoda Davidson. [From the Boston Times, March 26.) Commonweatta vs. Joy H. Faracuip.—This case came on for trial yesterday morning, at ten o’clock. Its general character haslong been known tothe public, and has been discussed in almost y hamlet and fireside of the country. — The indictment charges the defendant with com- mitting the crime of adultery, on the 19th day of December, 1841, with one Rhoda Davidson, for- merly a resident of Boston, and an inmate aud ser- vant in the family of Mr. Fairchild. The bill was found at the July term of this court, 1844, and from that time until the 15th of February last, the defendant was residing in Exeter, New Hamp- shire, out of this jurisdiction. It is now under- stood that Governor Briggs refused at first to grant any requisition for the arrest of Mr. Fairchild in New Hampshire, but was prevailed upon to do so subsequently, by reason of some urgent solicita- tion on the part of certain persons, but not at the especial instigation, as we learn, of the prosecu- tion. ‘This requisition on the Governor of New Hamp- shire, was not successful, and Governor Steele de- clined to give him up. Subsequently, Mr. Fair- child, having become ready for the trial, and the public excitement having somewhat subsided, left ‘xeter, and voluntarily repaired to thiacity forthe purpose of. giving himself up, and meeting the pro- secution. He did so onthe 15th of February last, pleaded Not Guilty, and, with several friend, among the most. wealthy and estimable of our ci- tizens, gave bail in the sum of $1000 for h‘s ap- pearance atthe present term. He puts himself on trial now in a legal manner, to be passed upon by legal! evidence, under the sanction of judicial ceedivgs, and not loosely and informally, asin the case he ecclesiastical council at Exeter last summer, where not only legal evidence wi l- mitied, but heresay evidence, and every athe species of evidence that ever was heard of in a ci- vilized community, or among the barbarous nations of antiquity. Whatever may be the result of the present trial, Mr. Fairchild and the public are alike bound to abide the issue. He is to betried in the only man- ner that is pointed out by the constitution andlaws of the State, and whatever may be the result, good citizens are alike called upon toconform their Opinio to the behests ef jiaet dustice, A crimi- nal i to go unpunished, neither are the reputa- tion, rights and feelings of a citizen to be trampled uvon oud set at naught without adequate cause and full and conclusive evidence. On the opening of the Court there was a grand rush of the multitude, and soon every chair, nook, corner and standing place were oceupied. The clergy were well represented, as also the ladies of our good community. In fine a representative might be found from “all sorts and conditions of men,” and many more would have been pleased to represent more fully the circle of society pro- vided.they had been able to gseeure an entrance into the Court room Mrs. Fairchild was present in court—a model of a good looking and dignified Jady. Every accommodation was provided in Court for the press, the witnesses, members of the bar and the people generally. At a quarter past 1@ o’elock the trial com- menced. S. D. Parker, eq. appeared for the government, and Wm. Brigham, Eeq. has been associated in preparing the evidence for the government.— Boe Warren and J. A. Bolles, Eeq. for the de- jendant. At 20 minutes to 11 o’clock, Mr. Parker com- ae his opening to the jury, and spoke half an our. Ruopa Davrpson was first called as a witness. She 1s a young, rather good sooklng girl of 23 years of age, witha light complexion, brown hair, and alow forehead. The other witnesses were order- ed to retire from the Court House, so as to sepa- rate them from Miss Davidson. She was sworn aad testified asfollews:— know the Rew. Mr. Fairchild—have known him since April 1840; I knew him first on Broad. way in South Boston, and commenced living with him that year; I went there first toeee if he wanted agirl at the reqaest of Mr. Thacher; I think I went there in May; I lived there tll the sphing of 1841; nothing «particular eccurred there for some months, only Mr. F. showed me more favors than other gentlemen in whose families I had lived; I did not suspect any thing improper till he came to my room, about three months from the time that I came; Mrs. Fairchild was then absent from home; ubout a week after her departure, I went te the Baptist meeting and returned; Mr. F. wag sitting in the ta Ss and wanted me to come in, as he Wished to have atalk with me; he first conversed about the meeting, how I liked it, how old I was, and wanted me to give him an account of my reli- gious experience; I gave him my account, and he said he was pleased to see that I gave #0 good evi- dence of my being a christian; after some talk, I gave him my reason for becoming a baptist; and he said he was glad that he and Mrs. F. had been so fortunate as to get agood girl; he was pleased that I got along so well with his wife, al she was mightily taken with me; they never 80 good a girlasl was. He saidI could is along with his wite well enough if I let her have her way, al- though I might be obliged tostretch my conscience some times; he then said, perhaps I might think it strange that he took so much interest in me, and that he would explain himself by and bye; he then said that he felt more interest in me, or different towards me, because I resembled, or was the image of the young lady whom he addressed or had regards for, when a young man, and be- fore marriage. (Laughter in Court He never had seen any one, he said, who looked so much like this young lady as myself; | was con- founded to hear such remarks; he went on to state, that thie lady was sick about a Lah before she died, and that he never thought he could marry any one that did not look like her; he bad seen such an one onee in a church in Philadelphia, and! followed her after church, but found she was married, and then felt very bad— (laughter ;) he said he had married his first wife because other people got married—he then spoke of his present wife; he said she was a very amiable woman at times, and had known her only a fort- night before he married her; if he had been more acqtainted with her he‘should never have had her; she was Very good where she took, but when she was miffed, she was the most aggravating woman that he ever saw. He then aH about my course which 1 was to pursue with her; he said, you see that I place great confidence in you, or I should net tell you this. He told me never to tell of these things, for they might ruin him. He then stated the cireumstances of a minister who had confided in a girl, who told of it, and it ruined him. I was sitting on the sofa, and he came up and kissed me. I asked him what he thought his wife would say. He said it was just as well, and she was just as happy as long as she knew nothing about it Said he, how should I feel, if I knew all that my wife did when she was absent. I was sitting in a rock- ing chair first, and he wanted me to sit in his lap. I declined, and then sat on the sofa where he kiss- ed me. He pat his arms around my neck when he did so. J did not stay but a little while after this. Just as I was going out, he came to me, and said he loved me to distraction—and hugged me very tight.—-(Laughter.) No other person was in the house. I leftthe room te retire for the night, and weat to bed immediately; I slept in the attic; it was on the roof. I thought of all these ae and if it had been any body but Mr. Fairchil 4 should have suspected evil, but I did not, as I al- ways regarded him as a good, pious, devoted, and exemplary man—a christian, ‘I thought Mr. Fair- child’s reason for making love to me, however, was not a good one. There was no fastening on the door, or only part of one. It was not fas‘ened that night. < went to sleep, and at last I waked up, and saw Mr. F. standing by my bed. Said he, did you know, Rhoda, that it had been raining + My window was open, and he said it was very im- prudent for me to sleep with my attic window open, and said he had shut it, as also some of the other windows. He then lay down on the outside of my bed ; Teot under the clothes; I had no light 10 the room, He tried to get my head uncovered. but did not make much headway. He said { should stifle, and if I would not uncover my head, he should go down. Mr. F. then left the room.— I had requested him to go away before. In about a week, [ slept below for areason that 1 am not prepared to mention, or that I cannot account for. It was the L, part of the house, in the second story, and connected with the nursery. [t was a bi ahi moonlight night ; he was in his night clothes, and lay down on the outside of my bed, I_was then asleep, and I don’t know whether he laid down when he first came in, No one else was in the room. First I heard was, “Chick, are you asleep,” (Langhter.) Lasked him what he was there for. He said he liked me so well, he not keep away fromme. I said I feared he had come for no good purpose; he wanted to know if he might not get into bed. Iaeked him if he wanted my bed--if he did, I would sleep in another room; he said it was rather chilly hore,and asked i NEW he might not get into bed; he said he would not harm me, for he loved me too well. I then per- ceived the bed clothes raised, and ¢Mr. F. jetting into bed. I tried to get out, but he took hold of me and asked where I was going; he said he felt no different towards me than if I had been his lawful wife, and that there was no harm in his getting into my bed; that it was right in the sight of God that he should feel 80; he mani- fested then some very improper conduct with me; I eaid rather thando anything like thi I had rather he would cut my throat. He said he wished to do no harm, and would as soon cut his own throat as to cut mine; he then asked if I dig not think David was § good man, aod said that he had more :han one wife; it was right in the sight of God that he should have more than one wife as it was for David; that God look- ed upon the laws of all countries as _nou-eszential, that he looked upon the heart, and that must be right ; all he required in marriage was love ; I ask- ed Mr. F.if God had pot said that every man snould have his owu wife; he said God had not said so, but Paul had said so; Mr. F. said a great deal to convince me that it was right for him to have connection with me ; he said a good deal, and then compelled me to yield to his base designs against my will; I made no outcry, for fear that I should disturb thefaeighbors, and because | telt that he was a good man, and the neighbors would think that he was a bad man ; for this I was willing to suffer this loss of my character; he had connexion with me, and left before daylight ; it was near morning ; I fell to weeping after this act, and he said he did not believe there was one girl in five hundred,jof my years, that had not had connection with a man; there were thousands like me, and | must not consider myselt any worse for this; I told him I was disgraced in the eyes of the world, that I had heard that a guilty woman showed this guilt in her countenance, and that I should be no more respected by the respectable; Mr. F. laughed at this, and asked where I got this idea; said there was nothing in it; he laughed in the morning, and asked me to look in the glass to see if I looked different ; en the pee dey thought a good deal about the matter, and if I was not treated just so, I would not stay there ; but I {hought if Lleft peo- ple would think s:range of it and be suspicious of um, so I stayed; nothing special occurred till 4 or 5 weeks, when Mra F. returned from her journey ; before this he had intercourse with me once or more, besides; he was very successiul in accom- pliching his base design, although it wes always against my will; afler Mrs. F. returned she treated me kindly, and was pleased to see every thing in 0 good order ; she made me a present ; afterwards she came down into the kitchen, was displeased about something and made eomplaint; but | re- membered what Mr. F. had said, and did not mind it; T always tried to do what she told me; I felt very unhappy about these things, and told Mr. F. so, and said { wanted to go away; he told me to (0 up stairs and pray over it; I then Rioegey as I liked my work and wages, I would stay; | stayed till the spring; this was the first part of the winter; [felt unpleasant about staying on account of Mrs. F., and told Mr. F. so: I wanted a new cloak, but had no money to get it, and told Mr. F. it I was in the city 1 could get $1 50 per week; I got $1 25 at Mr. Fairchild’s; he and she talked together about it, and after a while he wanted to see me in his study. I told him I was going away ; he asked why; I mentioned about his wife, and he asked if Iexpected to get more wages; [ told him that I did, and thatI had had more ; he said, ‘@do he want more money to get a cloak YI said I did; he then offered me $1 50 per week, and agreed to advance me $10 tofget a cloak; he said his wife did not want me to go away, and that she liked me better than any one she had ever had; T concluded to take the $10ana $1 50, {and get cloak and stay a little longer; I did so; I and Mra. F. had frequent difficulties after; I got a cloak; in the spring of 1841, Mrs. F. talked of being absent about three months; I desired to get a milliner’s lace, it I could getone so as to puy my board; irs. F. wanted me to come there, when she came back, and was willing to give me three months board; when she went I had got a dress cut but not made. She said. might stay afewdays alter she left, and then finish my dress; she then asked her husband about it; she said he objected, because he should have to go to market; I thought this|was a very trifling reason, after all his professions of love to me, and 1 resented it; 1 don’t know what was said further, but recollect being there afterwards, and finishing my dress; Mrs. Cooper came there to wash, but ne one lived there but myself and Mr. F.; | wasthen introduced to Mrs. Usher, who kept a boarding house at South Boston, and had a conversation with her about working for my bo wi wane I learned my trade; after this, 1 left, an nt some time among my r in the city, Mre. Kelly, Mrs. Hoit, tc. In June t went to Brooklyn; I went to Mr. Shaler’sin Brook lyn; he said he elieved Mr. Loker wanted a girl; I went there and stayed till September or October; when at Mrs. Loker’s Mr. F. came out, and want- ed me to go back there and Jive; he said they had an Irish girl there, but did not like her; I declined oing back, as I had livedso unpleasantly there be- fore; I did go at last and said that I would etay till they got a girl that they did like; I stayed with Mr. F. five or six weeks; I was solicited by Mr. F. one or more times, and wanted to leave. When he went to the city, I asked him about getting a girl, as 1 did not like to stay; I put on a long face, and ap eared to be affronted, but I was not angry; I told hint if he did not get one I should leave soon; he got an Irish girl that had lived with Deacon Love- joy; when I left there it was almost dark, and | don’t remember where I went that mght, whether to Mrs. Usher’s orto Mrs. Kelly’s; afterwards, I think I went to my cousin’s, Mrs. Hoit, and paid my board for three weeks by work, &c.; this was in Weat Centre street; I wanted to get ieee again, and went to Mrs. Green’s corner of Derne street; then I went to Mrs. Wood’s in Chamber street; I then returned to my cousin’s Mrs. Hoit.— I heard then of Deacon Tenny, of Salem, that he wanted a girl, and that it was a good place; I inquired about it, and found that they wanted a stronger gil. 1 next heard of Doctor Chapin’s of Abington, and also that they had been miesionaries to the Sandwich Islands, good pious folks, and concluded that it would be a good place for me ; [ went to Dr. Chapin’s about the first of January 1842; after a while { thought I would go to Mre. Fairchiid’s, and make a friendly call, thinking that she had ee over her unfriendly feelings; L also thought I would tell her 1 was joing to Abington _I thought, on going there, that Mr. F. might solicit me, and determined in my mind that I wonld resist him with all my strength ; M.x F. came to the door; I asked for Mre. F.; he said she was absent, and asked me to go up in his study; [ had considerable confidence in myself, and went up there; he asked me to take off my shawl and bonnet, and stay till she returned ; I told him I did not intend to stop; I don’t recollect the convergation much, but he was sitting beside me on the sofa, took off my thin; id induced me to stay; he then began to manifest some improper things towards me, but I told him he should never have his will of me again, if it was in mp power to it him; he finally succeeded in accomplishing his designs; before thie, 1 had got away from him, and as far as the outside door; I had lett my things behind, and sat down and cried; he came down and expressed his regret; he did not want me to go off in this way; I sup that the affair was all over, and went back to the study to get my things; {had not been there but a little while be- fore he conducted as he did before, and aucceeded in accomplishing his design; Mr. F. wanted te know when! was to call again; I said { didn’t know, asl was going soon to Abington ; 1 went in about a week; I lived next at Mr. Water. ston’s, and stayed there a fortnight; I next went to Edgeaomb, ine, my home; atter about three weeks I found that I was with chil the child was born on the 18th day of Septemb: », 1842; be- fore I went home I saw Mr. Fairchild; on return- ing from Abington, I went to Mrs. Kelly’s, in Por- ter street, and also to Mrs. Hoit; | had taken a cold on returning from Abington, art feeling un- well, traced my sickness to this; | also went to Mre. Greene’s, in Derne street; I gt some medi- cine of Mrs. Wheeler, which {thr -w ‘ay at the request of Mrs. Waterston, when I wes staying there; 1 saw Mr. Fairchild once after returning from Abing- ton, having gone over there on account of feeling some doubts about my situation; this was on San- day; Mr. F. appeared to be glad to see me; Mrs. F. came and saw me also; is was in the nurse- Py he asked me how i had been since I left; said that I had not been well, and had been taking medicine all winter. This was said to give him an idea about my situation. He got up looked sideways at me, evidently desirous that I should say nothing more about itthen, Mrs. F. in- vited me to dinner. Afterwards my sister, Mrs Esty, came to Rev. Mr. Waterston’s, and said if I was @ married woman, she think something was the matter with me. This was after my con- versation with Dr. Channing, and after I had ta- ken the medicine. After much persuasion and much fear, I told my sister of it. She asked me who it wi I said he was a man of high stand. i it would ruin him to have it disclos- while she guessed that it was Mr. Teaid that it washim. She gave a, her, She then tol and pee Mr. . about it. Igotleave of Mrs. Waterston to go out, say- ing that my sister was going out of town goon, and , that she wanted meto go out with her. I went that afternoon to Mr. Fairchild, and began to relate the | matterto him. Said he, don’t talk eo loud, for my | wife is in the study, and will hear you. He then | said this was no place to talk, and asked me to go; over the old bridge, and he would see me. I went | out and met him on the eld bridge. He asked me | what meant, and said what I feared was the case | could not be the case; and I knew that he would | not do such things. He offered to give me $200, | and wanted me to go home and say nothing about , itto Dr Channing, or any one else. He asked if | my sister was a Universalist, and what she would | do. He then agreed to meet_me and my sisier on | the Common, at Park street Mail, that evening, at a quarter before or a quarter past 8. I told my sis ter, and she agreed to go. We saw Mr. F. there. | He waa alone, und we were alone, We all walk- | ed to the large tree near the Frog Pond, and then towards Belknep street. The conversation was ad- dressed chiefly to my sister. He said to her when we first met, I am sorry, Mrs. E., to meet you on an occasion. He went on to say that what [ had told was true. He said he was very sorry, and hoped God had forgiven him. He told my sister when I called at his house, but I don’t recollect it He said he thought 1 could not be inthis situation, and hoped { was not. It 1 was, [never should want for anythieg, and he would rather stint him- self of his tea and coffee. He said the devil had influenced him to do what he had done, and hoped he would be forgiven of God. He was willing to aid me, but he wanted it kepta profound secret.— Forthe the sake of the cause of Christ, and his dear wife and children, he hoped it would be kept still. He said he was Boing to give me $100.— I then said, what excuse can I make to Mre. Wa- terston for going home, as she knows I have no money. Mr. F. said, I can give the money to your sister and she can give it to you, and then you can say 80 to Mrs. W. He then said, ‘‘You so- lemnly swear, betore God, that ou will never di- vuige this, and I hope yeu will improve the first opportunity to go home.” He agreed to give m sister $10 a year, and me $90 a year, provided was in this situation. 1 wasto receive the mone! through the post office, and in October. 1 thin! this was on Friday night, because the next day was Saturday. [didn’t know how much Mr. F. gave my sister. I received $100, and as I learned atter- THURSDAY MORNING, MARCH 2 wards, he ae my sister $5 I gave her $10 in addition. I did not see Mr. F. the next day. 1 went to Edgecomb, I believe,the next Friday night, in the John W. Richmond. The hour of two paving it h arrived, the examina- tion was postponed till ha! past three o’clock. Leer ¥rom Turx’s Is.anp.—We have received papers of the date of March 5, per the barque Re- form. The following are the only pieces of infor- mation of any consideration :— Captain Frith, of the Anne Mathew, of these Islands, reports that en Saturday, 15th February, before sunset, he saw from a on the N. W. Point of the Caicos, a long black full rigged bri apparent! in chase of a schooner steering westerly; that thenext day, Sunday, whilst run. ning to Mayguana, in the A. M., hesaw the same brig ly- ing to in the possi She chased him, as soonjes disco- vered, until mighty when nearly up tothe land. On the following day, Menday, he saw her again from the reef harbor, lying to, and seemingly waiting for a schoon- erthen insight, and coming trom the south. She was subsequently seen by the inhabitants; at Caicos, in the passage near West Caicos. He further reports that the people on shore assert that a suspicious looking three masted schooner had been recently cruising for more than @ week between Mayguana and the Caicos. if there are abont 160,000 bushels salt on 64 cents. In about three weeks there will ly more raked, if good salt weather con- nds are in an excellent progressive atate. “ Eurates,” of Boston, was at St. Thomas The waiting freight. Mann’s equestrien company were in St. John’s, P. R. on the 28th of last month. They had suffered a little in their (ravels ; for the previous five days the company had been able only to obtain one pint of water each. News From THE Nortu.—Livingston & Co. have sent us the annexed intelligence. Axsany, March 25,1845. The Speaker announced three select committees this On Mr. Crain’s bill to effect constitutional reform : Messrs. Crain, Wheeler, Bailey, Seger, Comstock, Mc- Key, Pierce and Bowen. On the bill to repress licentiousness : Messrs. J. Young, Comstock, Harris, Morrison, Danforth. Ou the resolutions rel to Thomas W. Dorr: Mesars. McKey, Wheeler, Morris, Sager, Hozeltine, L.H. Brown, McCarthy and Bush. ‘We have at last got 8 report upon the Albany Bridge. The majority of the committee report against the bridge and the minority in its favor, with, by leave, a bill. Tite bili Mr. Harris moved to make the special order for Fri- day at 4 P.M. Mr. Van Schoonhoven opposed the mo- tion. Mr. Hannum moved to postpone the consideration of the bill to April 10th. The House refused and adopted Mr. Harris’s motion; so the bill will be taken up in com- mittee on Friday at 4 P. M. The bill to incorporate the Brooklyn City Hosyital— also the bill to revise and amend the charter of the Lake Champlain and Ogdensburgh railway—were read and passed to-day in the House | Mr. Wheeler offered a resolution, which was adopted, calling on the commissioners of the canal fund to report upon the ex; cy of a reduction or revision of the ca- nal toils. Th violation of the constitutional guaranty, they being now down to the constitutional minimum. In July next this guaranty will expire, and that explains ene of the condi- tions attached to the resolutions reported yesterday by Mr. Coe, to make a discrimination of tolls between Buffa- lo and Oswego. ° The House gavea rather ificant vote upon the bill r the Northern State pri- moking farther appropriations son in Clinton county. A motion was made by Mr. Hun- tington to take up the bill, the bill being then jn order 3 the House refused, only 33 votes being recorded in its favor. The bill te aid the censtruction of the New York and Erie railway, by farther postponing the State lien, was taken up in committee, but at so late an hour that it was im| le to do anything with it, or to ascertain the sense of the House regarding it. I think the House favor- ably disposed to aid the but whether in the mode the present bill provides { am unable to say. It may be that they will require that the payment of the 25 recent on the proj pew subscriptions shall be iter secured, before the lien be farther postponed. The business of the Senate hardly deserves a notice. The usury law was under debate, and the Senate rose and pg progress on the bill, proposing amendments to the law, ona motion by Mr. Porter to assimilate the law in this State to that of Massachusetts—that no con- tract be void onthe ground of usury, but that usury be punished by fine. Burrauo, March 24, 1846, The weather continues remarkably cool and unplea: sant, with aimost daily showers of snow and rain. Th harbor is yet filled with ice, but there is a prospect of its clesring off soon, as the wind is carrying muck of it over to the Canada shore of the lake. Should there come an easterly or north easterly wind for halfa day, the harbor would at once become navigable. The repos vodagprs States was advertised to leave De- troit on Sat@bday, and it is expected that she will arrive at Point Albino, the nearest point on the Canada side, sometime to-day, whence her passengers will take land conveyance to this city. She is advertised here to leave Point Albino for Detroit to-morrow, but I doubt if she will be got off before Thursday. A fire occurred here last its contents, one hundred bu: two yoke of oxen, four cows tity of family utensils, belon; It was the work of an incen: insurance. tht, consuming a barn with ela wheat, twelve tons hay, ind a calf, and a large quan- ing to Deacon J. Goodell. Loss about $1000. No T tricals, do. The Warden Family were highly successful on Tues- day evening last at Niblo’s. Their style of Glee singing is quite different from singers in this country, and well worth hearing. Mr. H. Placide is playing at Cincinnati. The Ethiepian Serenaders have been giving Concerts in Cincinnat Howes & Mabios’ Circus is at Vicksburg. Kneass and his troupe of musicians are drawing good houses with the burlesque operas at the Chesnut street theatre, Philadelphia. Ole Bull left New Orleans on the 18th inst. for Natches, where he is to give the good le of the “City of the Bluffs” a taste of his wonderful performances on the vio- lin. There me talk that he will return to the former cy end give another concert, many of his warm friends admirers strongly urging him to this course. PY Campanologians left New Orleanson the 18th inst a vane. Welch’s National Circus continues to draw good hou- ses in Philadelphia. The new equestrian piece of the “Spy” has been as successful as “Med Antony Wayne.” “Greenbushes” was brought out last evening at the Arch street theatre, Philadelphia. The is and Mr. Frazer commenced their engage ments on the 19th inst. Personal Movements. sign ‘his eat on, the Bene ol WU. 8 Bapeme cow, would be felt as a great public calamity, é Hon. John White, of Kentucky, has published an ad- deolin: ti Jon: sar. ‘He tas entered upon hie futies ax ugge of tro 9th Judicial District of Kentucky. Male, | Pickering has been inted Surveyor of 01 appoir the port of Portsmouth, N. H., in place of Jt Locke, appointed by Capt. Tyler, and rejected by ihe Senate’ ” The Providence Journal rae the appointment of Gen. Oarpenrer, for Collector of that port, t¢ every one by Gurprice, and that it is qaite anal tolls cannot be reduced without a | “ PORTRAIT OF “Big Thunder,” the Anti-Renter. Trial of “Big Thunder,” the Anti-Renter, at Hudson. Court of Oyer and Terminer. Hepsor, Tuesday, March 26, 1845. Judge Parker and the County Judges took their seats at halt past eight this morning, end ina few minutes pro- ceeded with the business. The attendance was thin at the commencement, but the court room became crowded in a few hours. H. C. Mitten’s examination continued.—I have those dresses with me that I found. (Mr. M. here opened a bun- die,and produced three fantastic an: age looking dress- es, and several mi of black, yellow, and red calico.) I think the mask worn by Big Thunder, at Copake, was of alighter color than any here. These are the arms I got. (Mr. Miller here produced two pistols, and a sword, of a curved shape, and apparently a good cutting weapon.) The coat prisoner has now on I took with these arms; it was taken by him as his property; these other things were found with Belding. (The articles here shown con- sisted of bullet moulds and bullete, a powder horn, three cups, such as are used by thimble-riggers.) I believe of these large pistols were in the possession of Big Thunder at Copake; Belding went by the nameof Little Thunder at Copake—1 mean there was a man there calied Little Thunder; I don’t know who he was, but that is my impression. Mr. Jorvan—I don’t want your impre: Mr. Mil- ler is'a mon of very vivid imagination, and can as well imagine Belding os another as Big Thunder. If Mr. Mil ler can give some good ground for his belief, he can give it, but we don’t want his opinions. The Covrr—In a question of identity, Mr. Jordan, it must be a matter of belief. You can come at this on cross- examination. Mr. Jonvan—I submit that they have no right to give a jaked abstract opinion; they must show they have grou f the usual kind on which to base their belief. tiCeurr—Let them put the question, which is—was thero a man there called Little Thunder, ana who was Little Thunder? Mr. Jonpax—I object to it, sir, altogether. They are going to ask him who Little Thunder was, and he will give his answer asto who he believed him; let him an- ewer the question that is put. The Arroanzy Genrnat—We are losing a great deal of time. Covrr.—I know ni re; there is no occasion, Mr. At- torney General, to oe it on the part of the people. We decide it is improper to ask him what his impression is; opinion is another matter, and proper, as a subject of en- airy. Mes ‘To this opinion I except, sir, unless he shows he ha rdinary means, either from his voice, his figure, or his to recognize him. District Atrorvey.—Who was Little Thunder at Co- e? I believe Little Thunder to be Belding; my reasons are the gait, and size of the mao, and his movements general- ly; he bas been in jail since the 18th day of December; I have seen him frequently since; I had some conversa- tion with Dr. ton on the night of the 20:h Decem ber—(to Mr. Jo! we had been exam'ned; Boughton, that day, and jer, sent word they wanted to fee me in their cell; Boughtea and I stepped out into the hail; I then put Wheeler intothe cell and leit, and went back after my tea to put ler into another cell, which had been done; Boughton asked me to come in and sit down, which I believe I did; I believe Boughton asked next what kind of a man Henry W. Livingston was; I think I spoke to him of the Smokey Hollow and Copake meeting, both; I told him he had got into a bad scrape; I don’t know that { told him what I theught would be the consequence of it; I did not suggest to him any course that he ought to take; 1 don’t know that I professed friendship for him; I believe { told him before that I would assist him —_ bail; I said [think te him and Wheeler and Belding altogether, that af sat would get into the carriage and come with me, I would help to get them bail; I don’t think I told Bougton that I would become his |, at that or any other time. Mr. Jonpan.—Now, Mr. the prisoner on your way from the jail to the court room that he sure- ly would be cenvicted, and that the only way for him was to turn evidence or confess. ‘Witness —Is that the whole of the question ? Mr. Jonvan.—Wait a moment, sir; or any thing to that fo, sir; [have no knowledge of any such mn with him. The Covar here told the counsel for the prosecution, who had made an observation, that al] this examination was addressed to the Court, forthe purpose of ascertain- ing the admissibility of certain evidence. ination resumed.—John J. Rossman is the Jailer; prisoner’s father-in-law and others were to see him dur- ing confinement. ir. Jonpan.—Now, sir, I propose to call John J. Ross- man. Count —For the purpose of findi ment has been held out to obtain co! Mr, Jonpan.—Yer, sir. Court. il John J. Rossman; it is quite juire whether there was any inducement hi she prisoner confess to the sheri: Joun J. Rossman sworn.—I had some conversation with fed or ented when in jail about this matter; I don’t think I told bim what course was best to take in relation to it; I lon’t know who was present; there was a bey with him sometimes; Idon®think I told him about his guilt, not knowing any thing about it *,Cournt.—That will do. Is that all, Mr. Jordan? Mr. Joapan—I have sent for ther witness, si propose to show that the Sheriff told him that his salvation was to confess. Court—Very well ; if that teok place before the 20th Dec. it is admissible. In the interval before the arrival ofthe ¢: ness, the Attorney General asked the Sherit one of the masks. Courr—I suggest the Attorney General is promoting a violation of the statute. (Laughter) Mr. Jonvan—Is that the Sheriff who wears the mask ? (A good deal of amusement was caused by the small in- verlude of mas! the Sheriff.) The witness not having arrived, the evidence was pro- ceeded with. Examination of H. C. Mituen resumed—In my conver- sation with Boughton, he said Little ‘thunder wasgnot mmployed at Copake, nor had any of the associations em- Tovrea. or promised to pay him; he told me Belding was formerly from Herkimer co., and that he lately lived in the town of Alps, in Rens county; he said he could do more in putting down the a the excitement than any other man, go at liberty; he said he coulddo more at pcify ing the people,and was quite strong on thi aoe said Belding wasn music man, and played the fiddle; { asked him if he was given to gambling, and he said he was, which I thought was the case from the implements oft mag which I found; those were the apprisals 1 madeon the Miller and Stephen warrants, on the property of Ab. Decker. Cross ecamined—| don’t recollect that Boughton told me he had always advised the anti renters not to arm or dis- guise; 1 think it is likely that he did s0; he frequently spoke on the subject; he has told me that he was sent for by the people to deliver a lecture on anti-rentism; I think he did not tell me that he was agent for the anti renters. Mr. Jonas here procured the memorandum book of Smith A. Boughton, which was submitted in evidence by the prosecution, and read from it some particulars of an account between the owner and tho antt-rent associations; one item was $150 for uw counsel for the associa- tion, several others for tray expenses, and other moneys expended in the course of his anti-rent labore. Cross-examination resumed.—| had no process to arrest Smith A. Beughton, when I went and took him at Smokey Hellow; this was seven days after the Copeke meeting; I don’t recollect whether he asked me on what authority I arrested him; I had not that I know of entered any com- plaint against him from the 1th to the 18th; eeler waa standing with him when I arrested him, and John Abn? ir. Hannibal, and Mr. Sedgewiok, was in the room; there was quite a number there, but I dont know that I can name any others; I don’t now recollect that he asked me what I jarrested him for, or by what authority, particularly; there was something said about my arrest- ing him by virtue of my office alone, but I don’t recollect distinctly; I don’t recollect of his teiling me that he would come if I showed my authority, nor his deaying my rightto arrest him; Mr. Monnell, and the District At- out if any induce- lession ? roper to en- out to make r. I only ted wit. to put on torney and Col. Root. went from here to Smokey Hollow. Nol came and told me that Boughton was in the upper room, re I went up; there was no disguised persons there that I saw; there were 16 or 20 in the room—about a dozen were ; | don’t know where they were from; saw no bundles or ¢ in their hands; I do not knew em might have teen dressed as Indians; thi me night the acci- nt happened; there was ht in the room; had heard- of the shooting of the boy betore I left Hudson; I dont know that any bedy proposed going out there beside myself; 1 told Mr. Munnell | was going out and he said he would go with me, so did the District Attorney; I went out to see what was _goingop, and who wan there,and to arrest Big Thunder if I fouad him there, for his treatment towards me at Copakeand Ancram; I saw the handbitt at Smoky Hollow on the 16th day of December, to theefect that Smith A. Boughten would 7, 1845. = a Price Two Cents. o.0 - @ ——S>>>>—=—={Neu6NuU—m— = Examination reeumed—I did not get into the sleigh at all, 1 got on the side of it just opposite the Hudson house ; Krack and his cavalry were in front and alongside leigh;the prisoner was under the charge of deputy Sedgewick ; I took charge of him at the jail door ; he did not tell me he directed this operation. nar We have got enough on this point, Mr. Jor- dan. Witxess.—I remember when Runnells was brought in. Coukrt.— What has that to do with it, Mr. Jorden ? Mr. Jonpan said, he would show that the Sheriff abused his authority ; that it was of extreme importance to him to get these men convicted, and if he did not succeed, it was probable he would yet hear of all this. The Artorsey Grxvnat observed, that it must be ob vieus that these remarks were made by the defence not rom their relevancy, but to animadvert upon the Sheriff and respectable citizens, und to associate them with black legs and criminals. Mr. Joxpan replied, that he had at least one decision of the court in his favor es to the relevancy of evidence ; he would correct the Attorney General when he said, that tue (Mr. Jerdup) sensible of the irrelevancy of his re- marks ; he was sensible of no such thing and would take huis own course, The Arroan+y Gexnnat thought it an unusual, unfair ind extraordinary course to charge him with,’ saying what he did not say—that respectable citizens were the associates of black legs and criminals; he eontended the remarks and testimony sought to be introduced by the defence wus inapplicable to the present case, end should aot be received. Cross Examination resumed—Runnells was marched jown to music and brought directly to the Court House; | Girst saw him at Sutherland’s and McClelland’s oftice—I had nething to do with it in po way or shape;! did not try ° pees it—I had nothing to do with it; 1 took charge of him and put bim into jail, and he was put in charge of he jailer; he came in under a military escort ; (a whole eeting there on the 18th; the meeting was on ay ;I had no reason to dishelieve that there would ing; the handbill and that’s all | knew about it; I always supposed I would come in contact with Or. Boughton, and that | had a right to arrest him, and that was the reason | waited after the Copuke meeting to do 50; I was not advised particularly as to my having a cight to arrest him; I asked no one in particular, but heard it talked of several timee; I think I heard it spoken McClellan’& Sutherland’s office by both of them there was two ov three meetings advertised, which he was to attend, in the eouth part of the county; my gon, (orne- lius, was out at the Smokey Hollow mecting, ashe to!d ; I cant ewear he was there; I was only told #0; whea I got there saw a number collected, some dis guised, #ixof whom were in a wagon; I saw Sam]. Row ley ond Cornelius Miller there, und Dr. Squires; Jones Miller guve me the fiddle box and other things; | asked Jonas if there was any baggagefthere belonging to Beld- ing and Boughton; he seid he'd go and seo; be went and returned with Boughten’s overcoat; 1 then asked him if hatwas all,and he said it was ali he saw; [told him it could not be possible; there must be more, when he went and returned with the sword, pistols, fiddle box and bundle, and gave it to meas their baggage; I am not positive he told “me it was their baggage, but I believe he did, as I asked him for it; I got’ my team to goout it Mr, Rodgers’ because my son hed mine and Thad no other horses in the stabler: my son told me he was going to Smokey Hollow: I did nct at any time say that H. W. Livingston had offered 600 dollars to any one who would urcest Boughton; no such offer was made to me—nor any other that | knew of by any body; I never told any living man so; there was nothing very pe- culiar about the horse {pistols ; I don’t recollect whe- ther they had iron or wooden’ ramrcds—or whether they had ramrods at all; there was i small pistols more than thut they w bright {barrelled pistol to make --there is not that | know anything very peculiar abont that dress—only its an odd figure; I am not a judge of dry goods; dont know the difference between English and American prints; I recollect seeing 280 or 300 dresses— don’t recollect another such as that one; | cannot say up- on oath that there was not twenty like it there that day; Thave had that dress’ on two or three different times— twice in the Hudson House; there might be 40 or 50 there; I did not go in as Big Thunder, but as H. C. Miller; I’m inclined to think I did not speak to any one; I believe Judge Hogaboom and Mr. Gaul were'there, and Attorney General Barker; Big Thunder and the others were very near to me at Decker’s;at Vosburgh’siwe were close toge- ther; when I got them into the carriage I took them to Rogers’, and remained there about 15 minntes; we were in the parlor epposite the bar; I might have gone out— they remained there; we got down about eight o’slock I think at the jail; I believe they have not been ont of it eince except to theCourt room to be examined ;Belden is a very straight, active, pert little fellow—that steps round ind is active in all his mevements, 6 feet 8 or inches; there is a good many men of that size, and Ihave seen straight men beside him—some straighter; there are a number of trim built fellows about Hudson; I can identify, that is, 1 can state what sort of a cap Little Thunder wore at Copoke, and also that of Big Thunder; it was nothing ;but a skull piece, made out of something, with a yellow band to it,but no rim;Little Thunder’s was very similar, but the top of it was {ull of points, of the Gothic style; | have never seen them since. At Copake and Ancram both, they pointed their pistols at mo; at Decker’s they came close up to me; Big and Little Thun- der both did so; I noticed his pistel ho time he w: round me; it is true that he held the pistol extended at arm’slength towards me, both at Decker’s, Vosburgh’s and Sweet's; I had not heard there was to be an anti-rent meeting at Sveet’s; I had heard there was to be people there to oppose me; there was no number mentioned; | did not hear there was to be any there to oppose me at Copake: I had been told I should probably be resisted in the sale of property at Ancram: the route I took was the best road and nearest: there might be about 500 at Copske when I went, but I did not think any thing about where they were from: these 600 men, I mean those not in dis- guise, behaved themselves orderly and treated me civilly; I did net converse, as 1 know, with any of them: I asked none that day,that I know of,to assist mejin executing my duty: I did not tell Big Thunder and his corps that I was ag good an anti renter as any of them: I think I can say that I never said so to any living man; I never told any one that these men were your friends, and that you were not going to fight with them: I have no recollection of string of questions were here put which are omitted as of no bearing on the case.) StxrHen L. Magoun sworn—I am an attorney; I com- menced a suit sometime in (December, in favor ef Mary Livingston, against James P. Langdon. Mr. Jonpan objected to this evidence as wholly ined- missible end was sustained by the Court, who noted the exception taken to its decision by counsel for the prose- cution, James McArtuun sworn—I was at Copake on the 11th of December; I could not say at what hour I got there in the afternoon; 1 passed by Vosburgh’s in going to Copake; fier I passed it I discovered a large number of pers coming from Copake and going towards Vosburgh’s ; here was quite a number in disguise ; alter they passed mel turned back with them ; w the Sheriff in his car viage and also a man they call Thunder ; I didn’t see any thing done in icular at Vosburgh’s—but alter he Sheriff made some remarks to Big Thunder he held sis pistol up above his head ; I can’t say why the Sheriff didn’t sell the Property, distrained and advertized for sale 3 on that day ; I don't. know as he could sell—I heard he was resisted ; when Sheriff Miller said he wouldn’t sell it he was resisted, the chief held up his pistol as I have de- scribed ; I could not tell how many were in disguise *here ; there were perhaps 200 in disguise and as man; more not in disguise ; he did not sell there; he t and went east toMr. Deckers; when he came up to Decker’s he was surrounded by these men; he didn’t ellathere ; 1 think the Sheriff used much the same words aa ‘at Vosburgh’s; there was a crowd be ween me and the Sheriff: I noticed the dress of B Chunder at Copake, after he got into the circle ; could not see any papers at all, but | heard them de manded by the man who called himself Big Thunder: here was a vote taken: I think the Sheriff first asked 1im what right he had to his papers: then Big Thunder urned and said he would leave it to a vote of the natives and put the motion, saying, “ all that’s in favor of it hold pp your right hand,” jeve they held up their right hands: I then saw Mr. Miller make a motion on slothes, and I went to the fence,without what took place further: then we started for the Flats, ahead of the »rocession, with two or three acquaintances; at the Flats Big Thunder’s calico dress flew open, and I noticed his coat; think it was a black frock coat; he was ealled Dr. Goughton—that is the man there; think I 88% him onthe Copake square, between Sweet's and Bain’s; x6 was con. ersing with them, but! heard nothing hegaia, nor did uot try; this was after some row there;I thought the cont I then saw on Dr. Boughteg was the \spme I Saw on Big Ibunder; the prisoner is hO wae pointed saying that 1 was no more frightened at Decker’s than | 2ut to me es Dr. Boughton; | had seen him at Rockieller 8 at any other time: I believe we stopped at Mil } ”<fore, addressing a meeting; Idid not mean that hc wes ler’s, ‘at Smoky Hollow,- on the way back; IJ pointe Latifah eer ‘all; Isaw him once at Gal- do not recollect Miller’s’ saying to me that he ‘tin also; I cant jort of meeting it was, nor should have thought I was afraid and my answer-} ‘id hear what he the coat 1 took to buthe same I person asking as to J 2W on him at Copel I dont recollect the apts; | saw ing no; I do not recollect ; Sree there; I may have said I saw the son of Jacob | im at Gallatin next day; this was before thy v5 when the papers were taken; he gj seemed D, Snyder, don't recollect; Thad seen Alexander. Soyder | when the papers were taken; he appeared toe speak tet Big Thelen ree at eae ny improssions are J adie cost and paptaloune stuffed with straw; they bang that Big Thunder was not heeding they started off the wrong road; he might have becn; I think fen} Thunder was between the music and the ni tives, andthe music led off into that alley or road, whatever it was; when Big Thunder took the papers I recollect his language was, that all who was for takin, the papers peaceably ifthey could, forcibly if he would ntoa rail or pole; it was called John 8. Livingston's uaage; they put fire tot, and cut it up with the tome: nawks and spears; Boughton wasja talking but] dent know whether it was a speech; there was a crowd round \im; I did not see Dr. Boughton and Big ‘Thunder at one ume; nordid Isee Boughton untilfafter the ranks were not give them up, were to raise their left hands; there was | "Token up; Ijnever thought of their size at all. no struggle in delivering them; he said they would satisfy | Mr. Joxpan objected to his being asked his belief as to me on that subject; when I said I would not give up the | ‘4 identy of Dr. Boughton and Big Thunder ; he was to * weer not to transfer his inferences into the minds of he Jurors, Judge Panxrr.—We will put the questicn in this form— ‘From what you saw on that occasion, do you believe papers until | was satisfied they intended to commit violence to my person; I den’t knuw that there was any thing saidat Decker’s about tar and feathers; I never told Big Thunder at Sweet’s that if they went downto the lace of sale I would give up the papers; I said nothing of J ‘2¢ person you saw on that occasion as Dr. Boughton, the kind; Big Thunder made use of no such declaration at J 9% Bi under ?” Sweet’s as that he would not see ahair of my head hurt | Mr. Jonpax.— Well, thet I object to. that day. Counr.—It is the only way to prove the identity of a man ; it must be eventually left to the jury ; it is still an «dmissible question, and we will put it in that form. Witress—(the question being put. what to a all to you [ can about; I thoug! while, that from his coat it wes the samo man; I heard Bi “hunder speak at Copake;can give no opinion about t whether Iwi or was not similar. Cross-examined —I said it was the same coat, and he hada sort of chain round his neck at Rockfeller’s and The Court here arcee for dinner, and met again at two o’cleck, when riff, H. C. Mrcen, ‘was further cross-examined.— Big and Little Thunder both pointed their pistols at me in Deoker’s at the same time; I heard Little Thunder » hat day, but not to me; he gave the word of comman: filed the natives as he wanted thi I_have seen himat Smokey Hollow, and in jail, that’s ail; Big Thunder was straight,about six feet high, and a strong,boney man; he and I have stood together to see which was the tallest; believe I am a trifte the tallest, if any, it ia very little; |} (tlletin; I saw his face and knew him; it wes near sun- saw at Copake that he was a man aiwit fk test high; I | ‘own—at any rate pretty late in the aay they, had a con- m that height, and I think there are men in this house to | ‘iderable spree there; I think Dr. Boughton had pente- toons of the color of the coat he has now on; I couldn’t see more than the court of Big Thunder, as he had ona calico iress; can’t tell the color; the subject of his conversa- ‘ion at Freligh’s was the collection of rent; I heard no advice given; I heard him advise them at the Scotchtown meeting to conduct themselves peaceably, and seek a le- salremedy; never saw him but at these places; Belding vas pointed out at Ancram end Gallatin; he and the pri- oner were there t in the same company. Di resumed.—I| don’t reeollect what time the meet- ng was at Rockefeller’s; it might have been a week or «wo before that at Copake; I think he spoke more then inhour; I paidno particular attention to what he said; I think after he closed his speech, three or four Indians came out ofthe house and walked round; didn’t hear where they came from; I didn’t hear him mention about the Sheriff nor myself; I reside at a place called Ancram vhom I said before I measured jhim in jail that he was my height; I don’t know that I thought of it when stand- ing together; I should think from the appearance at Co- pake I was the heaviest man; his face was covered; his mask was wet and frozen a couple of inches round his mouth; the day was very cold; { never said that I recol- lect L sawjhis whiskers, and that they were sandy; I did sot see his hair; it was covered with a mask and cap: he had on an old fashioned pair of round toed boots, either kip or calt skin | think; they looked coarse and I noticed them;I believe I never swore that he had half soled boots, hut I have sworn he had on a pair of old fashioned boots; it was never suggested to me to measure Belding; | have wentioned to several ipersene and at places before I arrest- e4 Big Thunder,that he was about my height, and | spoke of his boots; Lapham was in with me once, but | do net cecollect that I got him to measure us; we may have talked about his size; we all talked together friendly, but | “ead Mines. é did not go with any inteniion to size him; 1 can say that | _Honace Cunver sworn—I was at Copake the day the I think Big Thunder had not a broad yellow stripe in his | sheTift’s papers were burnt; ] was down at Vosburgh’s; I dress; fom the first time I saw him’ at Copake I don't } !W the Indians, and heard the chief or leader, Big Thun- der, if what he intended to do; the sheriff re- he had come there to sell some property, as adver- tised; [think Big ‘it bunder told him to seil at his peril; I kept off a little out of the way, and heard little more of the conversation; this was at Vosburgh’s; the next! heard think he changed his dress; the only time he was eut of my sight was asthe procession moved from Sweet's to Vosburgh’s; | know a man named Walter Dorchester; I have never said to him that that yellow mask was Big Phunder’s; I never cneneht it was; I don’t mean | ed $ ‘0 W. sositively about the mask; never conve! r. | Was Big Thunder saying to those he called natives, that Chester about it till last night, when I think I told him | ‘He sheriff did not intend to sell there, but wes going to the yellow moskgresembled the one he had on. another salen the neighborhood for the purpose ef show. Mr. Jonpan—What did he say? ing that he was anxious to do his apd when Big Thun- 6 der said, ‘‘sell at your peril,” I think he hed a pistol in his ; cannot say he pointed it towards the sheriff; I was in two rods of him; acrowd between; | noticed his coat blowing up once or twice at the sale; Ithink his coat wase dark brown frock coat; I saw a gentleman in the afternoon speaking inside a circle, and was told it was Dr. Boughton; he was inviting these present ttend an anti-rent meeting at Claverack, next week, I colored coat on then; I think a frock risoner is the gentleman who was speaking there; I did not see Big Thunder at this time. Cross-ewamined.— It strikes me it was a dark brown coat; 1 speak of an outside coat; | didn’t see what coat he had on under that; Isaw them drink brandy in that rings 1 ff brandy was called fer by sheriff; | don’t know thet he dren! ith; he did not seem te be much em- barrassed; saw nothing particular; when the papers were lelivered up, there was something seid about having an anti-rent sheriff; | saw the sheriff come into the ring very soon after; there was something said by Big Thunder to the sheriff, after the papers were burnt, about their being of the same class of politicians, and to be under the necessity efappessiog. in that uncouth spparel, but hoped to take him by the hand, and see him re-elected by the people; I neticed no change in the sheriff's counte- nance, or whether he was vexed or pleased. Direct reeumed—I don’t know that the sheriff was pre- sent at the remarks about the anti-rent sheriff; they hada circle formed in front of the tavern; Big Thunder was in the middle of it; I am positive there was some reference made to bis being acandidate for re-election; | reside at Ancram, six miles from Copake Flats, and about the same from Mery nde the sheriff was in the ring when Big Thunder addressed him about re-election; he ssid some- thing abow the sheriff giving up his papers reluctantly; he said he wished to say for the sheriff, at his request, that the pe were not given up willingly; it was sometime after that I saw Dr. Boughton; two hours is. ; Cross-eramined.—I heard him invite the sheriff to par- take of the hospitality of the natives; the sheriff made no reply; the natives agreed to the pro) of the sherff di- ning at their expense; I heard Big ler to take the sheriff's horses, after Theard no angry words between him and Big Thun- little embarrassed at his speech replying to to be a little agitated; it or observable; | think were three cheers given in the morning when they started; it struck me it was when Big Thunder made the remark about the sheriff being an anti-renter; there were three more given when they came back from the sale. »At this period,the Court o! ed, that as it was not the wish that they should have an evening session, the court would adjourn till next morning at half past 8, renewing its injunctions to the jury to be cautious in commun i- cating on the subject of the trial. ——$—$<—$< Varietios. It ia stated in some of the papers, that there are ne less than one hundred and twenty towns in Massachusetts utterly destitute of a grog shop. The Paducah Kentuckian mentions the destruction by fire, of a new and splendid steam mill, with a large quan- tity of grain and meal. Loss $10,000—insurance $4,000. tie reported that Lient. J.W Martin, of the 9d Infantry , The Arty. Genenat—I object to that question, sir. Count—That'is objected to, Mr. Jordan. Mr. Jonpan—I insist it is admissible, aa it is propored to show that the Sheriff changed his opinion from having conversed with Dorchester. The Covrr admitted the question as it was put to show uncertainty upon the Sherif’s opinions upon the point. Mr. Jonpan—What did Dorchester say? Witness—I think he said Big Thunder's mask was a light colored one; I said to him the mask was frozen about his mouth; long before this conversation I took the high- est mask and the dress, as | thought it was that t or may not have drunk with these India: I take a@ glass once in a while; I may have taken some of the brandy without saying ony thin have no recollection of drinking at time that day; if] did drink at all it was only once;I saw a man here this morning who paid for my dinner if any one did; John Lake—he said I had nothing to psy; he friendly sort of aman,and waited upon me le; didn’t pay for any thing at Copake; I asked nothing about it; it may be still against me; I did net drink Big Thun= der’s health at dinner, and no body drank mine. Direct examination resumed—I may have been at Miller's tavern five or six minutes on my way back; it was about dark and the lamps were lit; it was a very cold night; we only watered our horses and came right on; we stopped forthe parpose of watering ovr horses; there was a show there that night;some kind of a gathering, and some were pretty noisy; | ence was in the room and his brother was dealing out liquor; the driver went in, got something to drink, and then we immediately came off together; I have, | think seen the same boots that [spoke of on Dr. Boughton since I arrested him ; Ged ‘on the dress merely for my own fan, not to satiaty the curiosity of any one; besides taking notice to the boots, I noticed his way of speaking—one word in particular he made use of frequently in his speeches—that was “ consequently,” and he made use of Garrett Smith's name frequently ; I noticed his walk very particularly , I think hej had gloves on ; I think I saw his naked hand at one time inthe room at Sweet’s ; I could not tell from that it was him ; he talked about titles, and the hardships the tenants had to endure. TheArronney Genenat—Itis proposed to put this dress on,end if there is any ofthis masquerading to be done,we should like it to be done now Mr. Jonpan—If he thinks it proper. he muy put it on himself; I don’t think Dr. Bonghton chooses todo 80. fer to omit all that; there Judge Panxen—I think it is is no necessity for ymed—When | had the disguise on 3 Ldon’t think there is much dif- of Big Thunder and James Rum about Hutchin’s being brought into town ; he was not marched round by my directions. The Counr said these comments had nothing to do with Vosburg! Big Thund was nothit very extrac Cross examination several ons saw ween th i question—they should be all reserved for another time. lorvan said he would show the sherift was there ; it was by his sanction he was mortified ond pare- ted round the town, all which would be afterwards proved and show the disposition of the man. dala Sheriff says, he had nothing to do with hi Mr. Jonpan.—I know he says #0, but I don’t believe it, sir —(Laughter,) = better t stationed at Buffalo, reoentiy trie! by a conrt martial for ‘Geena ‘ould be muoh better Yo goon and take the J vatloned at Baal reomntly trie) Dy 8