The New York Herald Newspaper, February 28, 1849, Page 1

THE NEW YORK NO. 5382. MORNING EDITION ¥ Case of shooting—Probable Murder —Love, Jealousy, and Revenge. F Yesterday afternoon, the east side of the city, above ‘Mth street, was thrown into » state of the greatest exeitement. occasioned by the ocourrence of atragedy which is likely toendin the death of one, if not both ofthe actors. The parties concerned were Thomas A. Walker, and his reputed wife, Marthe Eliza, who have Terided for some time past at No. 46 Lexingtom avenue, Bear the corner of 25th street. At about half past two elock yerterdey sfternoon, a report of a pistol was heard in Mrs. Walker's room, and her t, Mre, ‘Wells, who resides with her, being summoned to her niece’s room, found her lyiog upon the floor garping for breath; it was at once evident that she had been thot, and Mr. Waiker was in the room at the time. An examination being made, it became ap Parent that the ball of the pictol (a 6 barrel revolver)had entered her right shoulder, passing down in an oblique direction, and had finally come out just above the left Bip. She could bardly speak, and Mr. Walker as- serted that she had shot herreif. This she denied but did not acewee any one cf having perpetrated the murderous act. Capt Johnson, of the Kightwenth Ward police, was sent for aud strived in a very short time, xecompanied by Officer Brown. Poltce Justice Mountfort alo visited the house soon after, and the policeman tsking charge of Mr. Walker, Awaited the arrival of the Coroner, who was sent for in Ord'r to make an ante mortem investigation in th» Premises. The Cercner arrived about half past five Ooleck, accempanied by Dr. Holmes, who in plain terms told the wounded woman that she Rear her death; that the probabilit: Would not live ttl morving, To th repled,-‘ tt y Ged bave mercy upon me,” She still persisted in uying that had shot herself, and at the same tim? refused to say that Walker had done it. The Co- roper interrogated Mrs. Wells, the aunt. but it seems thet ber niece had not enlivhtened her at all upon the subject; she found the unfortunate woman lying gasp- ing on tbe floor, and the could not obtain trom her avy information as to who fired the pistol; on ber questioning ber, she said Miss Walker tarned ber head away, and begged that she might not be in- terregated. ‘The Coroner asked her directly, “ did ze hoot yourrelf?” Ce whieh she replied, “ No? jé then arked ber if her husband shot her? To thig rhe answered that she was not going “to criminate bim.” “ Who do you mean by bim?’’ asked the Co- rower; “is it Mr. Walker?” © Yes, said she, and I will forgive him forall he has done” She said but little more and appeared to fail fast; her voice became very lew, andthe Coroner did not think it prudent to question ber fartber at thattime, She rallied some- what afterwards. but to the last persisted in refusing to cririnate her husband, thougd she denied having thot hereelf. ‘The victim in this tragedy was formerly » Miss Black- well, of Stamford, Conn., an heiress to # considerable Ano! wi fortune, She is the same lady who created quite a rene some years sin hen her husband, a Mr. Miller, sdauoted her from the house of her uncle, from whom rhe inherited her fortune. Mr. Miller drove into town ina barouche drawn by four horses; conveyed hh fife apectily on board a veseel about to sail for Norfolk, Va.; and beving successfully acoomplished his project, remained in quiet possestion of his wife After thi ‘8 di check for $20.000 was presented to of bis (Mr Blackwell’s) estate, purport- by him in favor of Mil- wife pronounced s forgery, she refured to live with him. A divorce was finally applied for and obtained. Being thus free from her fret husband, the heiress became acquaint- eda with Mr. Walker. and,as she alleges, married him. She has resided inLexington avenue since last Septem- Der, and hes been visited by Mr. Walker, who isa man of wealth, and is saiu to live upon bis money. He was just leavirg the house as Captain Johnson and officer Brewn entered it yesterday afternoon. They took him into custody, and conveyed him to the station house, when e six barrelled revolving pistol was taken from an inside pccket of hiscoat. He told Captain Johnson that the woman was not his wife, and that she had shot herself One barrel of the pistol which was found upon bim had been discharged. Before leaving the houso be wrote something on a plece of paper,and endeavoured to get Mrs Walker tosignit She refused, however, and Jurtice Mountfort has now the paper in his possession. the opinion of the physicians that the woman not Jive till morning. The inmates of the house are not at all communicative, and the coroner could not learn from the: thing whieh would enable him to view the subje y more intelligible mai ner than the sight of the dying woman and the cir- dy alli himto, If a post. mortem examination takes place, or a Coroner’s inquest is held, they may be induced to speak, but yes- teraay they were not at all inclined to talk. Mi ‘Walker or Mra Miller has attained her 35th ‘6 the marke of former beauty. She lived 1 style, at ber residence in Lexicgtom avenue. further investigation will probably be made authorities to-day. Fiat justitic ruat calum, So by the The Hempstend Mystery—The Investigation before the Justice—The Supposed Murder of the Miller Famtly—The Discharge of Mr. Miller=The Excitement, &c., &c. Monpay, Feb. 86 —The court opened at 10 o'clock. Juetices Bradlee and Pearsall presiding. The number (f persons was not so large in attendance as en Saturday, in consequence of the inclemency of the weather; ho as it was, the court room was nearly fall, all exhibiting the most anxious feeling to know the result. The evidence adduced during the day ‘was not sostrong against the prisoneras was expected, The < curt now being ready, the Sheriff brought in the ris 1 ex, who took his seat by the side of his counsel, ok: ng ascn the former day, very pale and dejected; seated, he burried his facein his handker- thus remained during The talented District Attor tion soa thencontinued the farther invei horrible affair. Eupert C. Mitier, sworn.—Testifies that he is (marked brother of Jonathan Mille diagram ( A) bere exhibited, is a pretty correct representation of the dwelling house. kitoh sbed roof; have not been at my brother’s bouse since 4th January last, un- til the fire; before that time ] sometimes worked for Lim, and scmetimes used to go there visiting; | believe 1 know where he was in the babit of keeping his tools enerally, and could go at any time and get them; he ors bis axe and gun right in the southeast corner of the shed roof; [ was present after the fire, when the was found in the centre of the west room, right by &@ large stove; | do not know whether he kept more than one axe; I think the axe found was the same axe 1 saw him cutting wood with; the places where Mr. and Mra. Miller slept are correctly represented on the dia- rem marked A.,and also the posit in which the dies were found; | was present when the body of Mrs Miller was found; she lay head to t! hir back, | think; we turned her; after we got ‘we rolled her bedy on the ground, and they took itand carried it tothe barn; I conld not say what time I got to the fire; it might have been ten to rolook when they took it there, and between three and when it was carried to Mr. William Everii Berrian’s clock struck five before I that morning; I should judge it was six o'clock when I got to the fi lon, Samuel Fleet, William E ed, outrun me; them tbr there; the frame had not the roof was all in; ths pow the main buflding were stan fell im soon after ; the went should think it was twenty minutes or a quarter of hour after Mr, Berrian started for the city, whe to bed ; the barn is to the north of the kitchen, alittle ant of north, aud may bes hundred yards distant ; poing from the barn tothe road, we pass by close to the east erd of the houre, Jamas Roceras. sworn~Says, I reside at No 204 Piospeet street, Breoklyn ; | never Mr, Miller to know him to be Mr. Miller ; the Berns to look like bim ; | bought ha: uch & doy, | think on the 15th inat; the hey here shown me, (marked B) which I got y ; I first met Mr. Miller on the hay stand im Conoord atrert, Brooklyn Grove up ; be was standin, war about ha there when | ry ‘ past 12 o’ol had no other conversation with Mr. Miller, only to wake a bargain forthe hay ; it wae dark colored clover bey ; the man bere seems to me to be the gentleman ; be ond the colored man came with me to help unload the hay, and the colored men forked it off; | don’t know thst colored man; the eclored manis quite s stranger to me; the quality of the bay very poor, rt of Jt neemwed to me like as if it had been wet or ented; it was not unralcable bay; | don’t generally ‘use the beat of bay; I should not like to give three cents more for it. ‘Wm Creep, sworn —I am acquainted with Jona then Miller; [ cow aload of hay go along that I sup- pored to be bis onthe morning of the 16thinet; the pair of horses to the load { thought were bis; I didn’t ree the m tall; Leouldn’t ray positively they were bit y teame alike; | see his team eam. but | did not take particular notioe; I thought he bad a moderate kind of a Jond on. from 18 to 20 buvdred; I could not tell what hind of wagon; I don’t recollect if avy body el + ¢ one in the house; Jacob Burgin. Heary Hagerman and John Carpenter, three men, were there; 1 d'd not mention in their prerence the team was Mr. Miller's; 1 observed when these young mem stopped, it wanted twenty minntes of four o'clook; it was not Jong after | don’t think it was over five minutes after, Defore I raw the team pars; I euppored it to be his teem at the time It pared; | told hie brother the next mpreing it wea bis te be clock strack four absut time there young men left; [ think the young mea were in the house when the oloc! ruck, a@ some one said, | think your clock ia rather fast;” I expeot it ‘war about tem minutes fast, New York time, as! had fet it abead the might before; 1did not see the fire until 10 or 11 o’elock that day ‘Wannen Deanotr, sworn, sayt—I sawaftreon the morning of the 16th inst ; | was betweea Mr. Cartis’ ‘on the road leading from the road to the Court Houre; St anpeared to be in the direstion of y neighborhood; I the fire. I suppore, about four o’olock im the morn. half pact four o’cloek; it n Dour to get home; I bave been on thet road; it generally takes me an usual, etion. —I took out my horse before going into the houre: I left Mr. Hewlett’s at four o'clock; | went direotly home; previous to this I took a lady home from the ball; I did not drink any chan- agne. 5. Crowns, sworn, saye—I reside in Hempstead; T raw the light of a fire om the morning of the 15th ipet . im the direction of west southwest; I saw the fire about 10 or 16 mivutes after 4 o'clock; the fire was a little south of No+trand’s; | could not tell the distance the fire was off; | have not been to the fire. Crese-ezomination.— Ae 1 was ging out to the stable, | looked at my watch, and saw fe was exactly four o'oleck I bad been to the ball at Mr. Hewlett’s I can’t say where Warren Demott went to; left in company with Charles L Valenti Losee, and Mise he left about fifteen or twenty minutes before ; | had been at the ball since eight o’olock that evening; I wight bave drank once or twice during that Une; nochamoagne; | did not drink four times; but T won't be positive; but | amtnot in the habit of keep- ing account bow mapy ti: I drink; I felt no effects i rIdrapk that night; I left Hewlitt’s the Jast time | left was 4 o'clock; I had away. and came back again. Exias Dorion, sworn, says—! don’t know at what time I was called; 1 dressed myself and went directly tothe fire; it might have teken me ten or fifteen mi- nutes to get to the fire; it was allon fire when I first got in sight of it, and saw the roof fallin before I got there; po one was there; | did not ree any one; my brother Joseph was the firstone came after me; it was but a few minutes; no ove came to the fire before | left and went to Mr. Fowler’; I cannot say how lon; I was gone: it was about belfa mile to Fowler’s. ani three or feur hundred yards to James Wood’s from Fowler's; my object in going war to call the neigh- dors: and did not stop long at either place, but only to tell about the fire; Mr. Wood and myself returned to the fire; the clock rtruck five at Fowler’s as he was going to Woed’s; I ran part of the way; the fire,when I raw it, seemed to be burning both ways, be- tween the kitchen and the big heuse; walked pretty from Fowler's to th it took us abewt 15 minutes, | thin main building standing on my return; ome timber near the body of Mra. Miller; it been on the body. I don’t recellest; I don’t know what time I went home to breakfast; | was not he was Wood; | believe Mr. examination.— I tried to get into the house by d roof; when I got to the fire the flames were pretty much all over, except the shed roof; the great- t part came out of the roof; I think there were win- dow thutters to the hous ww the house the boards on the sides of the house were on; I don’t recollect whether the chimney had fallen or not when 1 came back with Mr. Fi on being swern, says—The obii t pair of ports and girte fel er in about 15 or 20 minutes after I got there; the main part of the chimney fell west; I was not there when the gun went off; I heard the report while I wasin the lane; Mr. Eldert Miller found the gun barrel; I was present when it was found under the shed roof. Jonn Firowen being sworn, says—I was at the pre- mires when the house was burnt down, about 11 o’clock on the 15th inst; sawithe,axe; I thought it was about the middle part of the bouse; the axe Jaid upon a big stone, with the edge up, with wall and ashes over the pole, with about an inch or two clear; broken wall was under the aze. ‘Wituam Everitt being sworn, says—I went down to inform Mr. Miller; I met him at Bedford; in the first place! asked bim if had heard of the acoi- pal hedn’t heard of anything that had bappened, or said no—I think he said no; [ told him bis whole family was burnt up; he rather, in the first ked up bis reins, and said, ‘how can it be?” told Henry Nostrand to take hold of reel at the fire when Eldert Miller came to the fire; there when I came back with M: pany jot ont of my wagon and told Mr. Miller to ge! into gor with me; Mr. Miller did so; I was go- wards Brooklyn; I tur: short round with after I turned around, he said twice, “how bis wiie woke him up. and he lit t! A t to the fire in the morning; | left the pre- mises before sunrise. Cross examination.—Mr. Miller farther said—he & fire, went to the barn and fed his horse, heated bis coffee; after that be went tothe barn and harnessed herses; hitched them to s wagon loaded, and tied them; he went into the house, put on his coat and blew out the candle sitting on the table in the middle of the room; came out, latched the doer and shut the gate; he said when he got down stairs it was 2 0’clock. Henry Nostranp being sworn. says—I was at the remires at seven o'clock that morning; | went with ir. Everitt to look for Mr. Miller; we met him at Bed- ford; Mr. Everitt said be bad found him et last; he toid him his family was all burct up; Mr. Miller asked him what time it got on fire; I think that was the first question he we only in conversation with Mr, Mi moment togetber, There being no more witn: ready for examine- tion, the adjourned ove 4 o'clock until half past mine o'diook on Tuesday morning. Tuntvay, Feb. 27 —The court opened at ten o’oleck. The joner entered with his counsel, looking about ‘as on the morning previous, and took his seat al re. by his counrel, covering his face with his hand and handkerchief. The evidence now being clored for thé prosecution, the prisoner was informea of bis rights by Justice Bradlee, as to answering such questions as he may deem proper. He then gave the Jollowing statemen y age is forty-two years wife Maria, forty-five yeats; my ¢aughter Mary fourteen years; my eon Anthony D. Miller, fourteen years; my other ron, John Henry, eight years; they all Blept on feather beds; they were all the persons com- prising my family at the time of the fire; | did not see any persons about William Creed’s house when I assed; I put on my ordinary suit of clothes when I left ome for Brooklyn; I cannot Np Aaeet size of the main building of my house; I pamed ti h Jamaica before sunrise; | was down below the Union Race Course en the sun rore; the colored man who unloaded the bay was a etrapger to me; he came to me on the stand en I sold the bay; my property was insured for $1,000 on the whole—my dwelling houre, farniture, darn, and contents; $300 on the house; $850 on the 200 on the barn and adjoining hovel; $50 op; $60 on hay; $60 on grain, if! am not mistaken; the insurance was eff nm the afth day of September, st noon, 1845, in tl County Mutual Insurance Company, at Poughkeep: my dwelling bouse was worth seven or eight hundred dollars; probably about six or seven hundred dollars worth of furn he barn, empty. is worth four or five handred dollars; the heuse was built with a very heavy frome; the hcure, thi part of it, had been remodelled before I got it, from # meeting house, Gf des many yen ago; | don’t know how long it has been built; | have known it 16 or 17 years; I did not know it before it was altered; used the axe the night before I ‘Was going away—I mean the afterpart of the afternoon; Jam not certain whether I left it at the wood pile or whetber the boys cerried it im; itis usually kept be- tween the scuth and east door of the shed, as repre tented on the diagram oy Eldert Miller; I raw the axe after it was dug from the ruine; I should suppose it Was my axe; J was up and about the barn that morn- ing about hour, before leaving home; I eat my breakfart that morn: in the kitehem. adjoining the shed roof; I did not go up stairs that iter age ming down; I struek the rag up stairs; | hed candle ina candiratick; | left the candle standing ot bia in the centre of the kitchen ,while I blew it out. During the whole of the above statement, the priso- jd to he much affected, shedding tears al- hele time. Mricer. sworn on the part ofthe defence, fays. About 6 o'clock on the morning of the 15th inat. I went to bed; | wos sitting up by the stove; I had teen loaking up Mr. Berrian’s wagon; I was by the ite when Mr. Berrian let he barn of Mr. Berrian ‘ands eset from the house; I Joaded the wagon on the stride ofthe barn; it was about 3 o'clock when I commen the wagon; between the house and the bar», \y, about six rode from the house; 1 sew no dight of ire before | went into the house togo to bed; I road; | sawa one hot ‘0 down too; | did not observ. twhen the body there were brick # py team particularl: of Mrs. Miller wi Hime on thi routhesrt from my residence; woo between, about a quarter of # mile from Mr. Bi if the fire Lad been blasingat 6 o’clock { think | should be it, a8 my face was principally in that directio} ‘wae only in bed a few ininutes be- fore 1 was called up by Mr. Berrian om asec- court of the fire; when I got up I went to Willism Everitt’s immediately. d called him Up, and waited until he @ out; he lives about four rede from Mr Berrinn's; we both went directly to the fire; William Everitt got there first; when | got there, | vaw Ssmuel Fleet, Jove Everitt; Mr. Miller, the prison 4 togetber with hin pereable; I never nets in the family; never rawanythivg elways, to my know. mily very happily and anything but yp very lovi thought ner of Trimming Squ rhort of mile from Mr Miller's wert direction; I Miller works fo mont of the ti of tk ow the morning 'd oats for market; fen Lhvows t had been; I I got up about So’clock; my wife bad not bes Ped that night; she stayed up to get my breakfast ready; | don’t think I went out in the yard before I started; | went out of the south. of the kitchen; {passed to my wago' east, @ little to the south; examin Fightand safe; got on my wagan, and started immediately; { should judge it wan 10 or 15, minutes before 5 o clock; I then proceeded to Williams- burgh; [ etoped at Master's tell gate, about two miler this side Williamsburgh; I got off my wagon and in; 61 entered the doors person’walked in whi after we with a loai of straw; I got to Muster’ this perron wasa witness who has been examined; his Dame is Langdon Burling; as weentered the door, ‘he epoke of the fire: | them turned to him, andasked him where wes the fire; he then raid be though it was the fizet houre down the road from the school house; Iraw nothing of the fire before | saw Mr. Burling; I first raw the light of the fire at the top of the nil, near Edward Hendrickson’s house, about two miles from my houre. Cross examination —1 first stopped at Henderiok- son's; my wife bad my breakfast ready forme when I got vp; eatin about half an hour after; smoked @ pipe before end after breakfast; I t recollect where I wes when the eun rose; [80d my load to @ Dutchman; don’t know his nam: 5 1 did not not pars eny load on the road going down; I have rot been intimate with Mr. Jonathan Miller for a vumber of y e had "no intercourse to- gether for 8 or I have not visted his fami we had rome disagreement al y Everitt and Mr Miller's family ghave ly; Mrs, Whaley has beep usitiendiy with the prisoner's family; she isa sinter of Mra. Miller, the decease Wham R. Ev daughter of M f Mrs. Miller; have been in the habit of visiting Mr. Miller's family about fifteen months; I never saw any- thing like disturbance; all appeared to be peaceable and happy; Mr and Mra. Miller appeared to be very fond of each other for all | know; Mr. Miller appeared to be very fond of bis children, and wished to have them brought up right; | was at the house the Friday before the fire; | wos there shortly after sundown, and remained until 9 o'clock; my wife was with me, and my little son; | bare sometimes staid over night, and never taw any disagreement betweon Mr. Miller ant his wife; 1 should call the house protty well furnished. Crosseeraminciion.—| have visited the house some times once or twice a week; Mrs, Miller always ap- peered to be happy; she visited my house occasionally, and seemed to be always the rame ‘The hour of one o’olock arriving, the court took a recera of one hour for dinner. court met a| At two o'clock the in, and continued with evidence on the SveRiTT, sworn, fays—My mother, Mrs. Whaley, is sister to Mrs. Miller, the deceased; | have been in the babit of visiting Mrs, Miller, the deceased, for about two years; for the laet two years I have vi- y ands night; y' ‘would be away, but not very oft saw Mr. and Mra Miller have any, disturbance together; they al d to be the same thi children, attended his wife dur TY 1 just previous to her death: wd the house on the Friday pre vious to ber di tbe was then ill, ad been #0 for thi ir, Miller was there all day; Mr. Miller thi d been putting mustard plasters on ay before the fire, he wentto John Nostrand’s store, for something to put on her arm; he stopped at my houre, and I sents loaf of bread to her, because she could not bake; never the children wanted anything he would 8 gratify them, Assy Axn Woop, sworn, seys—I have been at Mr. Miller’s several times; the last time I was there, I stayed about five weeks, except on Sundays; I have ttayed there at night, when Mr. Miller was away; I T have known Mrs. Miller to have the axe and the gun taken into the room for her defence, while Mr. Miller was absent, Cross-examination,—It is about six years since I stayed in Mr. Miller’s house. Joseru Doron, aworn, says—I reside about half a mile from the premises of Mr. Miller; I have known Mr. Miller teen or eighteen years, perbaps more; Ihave seen that time; [ oon- B generally at frequently done business jd bim to mean what was im to be guilty of doing » dis- it; Ihave let meadows to him for umber of years. {mony on both sides closed here, with the in M. Strong, whose testimony is said right ; I don’t kno hboncrablé New Yerk, before sunrise ; in court, it agreed by consent of both puke to conclude and clore the testimony. Mr. Iph and Mr. Hadden then made very able address to the court in behalf of the prisoner,and were followed by the talented District Attorney, Mr. Lamberson, on the part of the people. The case was then submitted to the court at 7 o’slock in the evening, and after a delibera- tion of about fifteen minutes, Justice Bradlee pro- novnced the following judgment: ‘Mr. Miller ia discharged from custody” A general stir was then made in court, and the friends of Mr. Miller mustered around bim to welcome his release from the heavy obarge that rested upon him. It is a singular fact, that Justice Bradlee was one of the jury whe acquitted Mr. Miller nine years ago. when be shot thi o who came owe night to the house of Mr. Miller, a club, tot ife. The whole case of murder and examination, remaine still » my: , after four days The Examination of Doctor Hardenbrook, in Rochester. Rocuestsr, Feb, 23, 1849, I arrived at this city about half past 8 last evening; and bave to-day visited the examination of Dr. Har- denbrook, which is still under an investigation at the Court House, before one of the police justices. It has already cocupied seven long days in taking the testi- mony of a large number of physicians who were called as witnesses on the part of the prosecution, and from all appearances, will a number of days yet, as I under- stand that a great many witnesses have yet to give their testimony for both the prosecution and the de, fendant. This Doctor Hardenbrook is seated each @ay beside his counsel, Mr. Sheldon, and is busily en- geged in taking down the evidence of each and every witness. He is of genteel sppesranee, locking quite young. and appears to bear the examination without evincing eny signs of guilt; but the prejudice which exists againet bim in thia city will have a tendency to operate strongly against bim at either the conclusion of the examination, or at the time of his trial, should he be tried. This isone of the most singular, and if all that is said be true, it is one of the most revolting cases which bas come before the people +f westerm New York for wapy years, The Mr. Nott who, it alleged, was Meoned, was the senior partner of Nott, Fitch & fron dealers in this city, and was a man ble wealth, and respected by all who ey h is attributed by many to an intimacy which it ted has for some time existed between Mre. Nott and the Doo nd the testimony of Mrs. Nott, who was upen the jd on Wednesday, ‘war considered quite favorable towards the Doctor. The large and commodious court houre is crowded with epectators from day to day, and the testimony has for each day occupied from three to four colamns of each daily paper of this city. To-dsy, one of the witnesses (Doctor Webster) waa upon the atend for about five hours; at six o'clock this evening they adjourned. and the examination will be gain at nine o’olsck to morrow morning. RADIATOR, [The following is the the testimony of Mrs. Nott, re- ferred to by our correspondent :—] Mrs. Lois Nott—My sickness was miecarriage; it @ about 10 o'clock Saturday night; ent; my hurband became acquaint Hardenbrock very soon after be came to the place, I think about two years ago; the Doctor has been our family pbyrician since Jaet April; | was quite intimate im the Dector’s family betore 1 became acquainted with bim; was in the habit of familiar intercourse with them; Mra Hatdenbrook died Jast September; do not yemember the day; Dr. H.'s little girl came to our house immediately after Mrs. H. died; the Doctor came 000 after, with the intention of remaining but « short time; my busbard wished bim to remain, thinking it would be more plearant, and Le cencluded to do re; the Doctor's oldest daughter was then absent at school; sbe enme up from Canandaigua and spent two weeks with me. in October, while my husband was gone to New York; the week before Christmas, she came to re- side with ur, at the solicitation of my husband and my- telf; a few daze previous tomy husband's death, Dr. H, made arrangements with him to remain the coming morethane day at ip the fall: I war in war; | we: went to N in A}bany Arter Houre; did not stey at alll itedin New York only one ecire friends at New York to go to pected to hing; wae teny: Dr H returned with me to Trey main there any time: left me with my friends; next saw bim st Syractite, where | stopped to see @ friend; did not atop cvera train; | went with Dr H. to Canandalgna \art Thanhegiving t me; returned the next dey; the pight | was at Canandaigua | staid with Mires Harden- brook at the echool; I was net with Mre. Hardenbrook w Mae body after she was dead, ‘ral Duritg my hurband’s king of the pain in hie head would ners, he head, it 6 Lio menpreni be compinined of y and bad expressed ehester om account of his ill health; there wes considerab'e discharges from ulcers. 60 a8 to sol! his clothing; he wore extra clothing on that account. in the habit of passing the house: of baving me or the pryeeaoe at the Troy about » week—at Albany three wee! Dot expeot to meet Doctor Hardenbrook at Syracuse ben | came home; he was pasting dy; | did aot re- bim at first; be hed a box of surgical ith him; I asked and be raid be came to perform a surgical operation. When I came home, Mr Nott said the doctor hada call to go to Syracuse to take out s tumor. Q- Did he éay it wae a friend of the doctor's who bad sent for him. aud who had resided in New York ? A —He did not. We went to Canandaigua in the 1 o'clook train, and the dootor intended to return; my husband thought Thad better remain all night; when I got there, Jane was very anxious [ should remain; ehe had detained us tome, and just as we got tothe depot, the oars hid ed; | wished toreturm home, as!Mr. N was unwell; returped from the cars to Jane's room; her room mate was absent, and she wished me to remaia with ber: I bel! the dector went to the hotel; we got home early in the morning the next day. Direct resumed—Firrt heard Mr Nott express ap- prebensions that his disease would cause b. timein the latter part of summer; do not k beard him expres sence of Dr Herdesbrook; th Yersing about Mr, Notv’s di something of the kind in the pri generally stopped con whe be went into fearful Mr Nott’s direaaa would prove fatal; raid he feared Mr. Nott suffered more th Were aware 0 er heard the doctor express any doubie us to the vature of the direase. | * . . Se other witnesees were examined, among whom was Dr. Lewis G. Muller; but nothing of @ posi- tive ebaracter was adduced. As publirhed in our telegraphic despatoh yesterday, the counrel commenced summing up on Monday af- ternoon, and probably finished yesterday morning when the case would go to the consideration of the judge before whom the examination was made, The decision will probably be given soon. Court of Oyer and Terminer. Before Justice Fdmonds, Aldermen Stevens and Dodge, TRIAL OF JONN 8. aUSTIN FOR MURDER. FIFTH Day. Fern, 27.—The court opened this morning at half past 10 o'clock, after which, proclamation was made, the Dames of the jury called over, and the trial pro- ceeded with The Court gave its decision this morning, before the evidence was gone into, om the application made yer- terday evening by the prisoner’s counsel, that the proreeutor might be compelled te elect upon whieh count of the indictment he intended to rely for @ oon- viction, His Honor, after citing a number of authori- ties to show that the spplication did not come within the rule. denied the motion. In regard to the second application, to overrule the testimony of Mr. Warner, his Honor gave no opinion. Gro. Hupson called and examined for the defenos Resides in Forty- ii painter by quest on the body of Timothy Shea; the inquest was held on Saturday ; witness put a coat into e pile of coats, for old Shea to identify the coat whioh th P e night of the oocurrence ; coat which he identified as Austin’s; t! to witness; it is the one now produce: it on that day; into @ plie of coats the room ; She exemined as a witness ; the Seat aigenced here as the one worn by Austin was in e Cross-examined.—At whose suggestion was this ex- periment made? there were about seven coats did not describe the coat to witness's wat asked could he describe the coat, onde paid he could; I think he said it was astriped coat. Q—You say you piled up seven coats. and desired Shes toreleot the one which Austin wore? Was yours the first he selected ? A.— No, sir. Q.—Did he take up the eost which is alleged to be worn by Austi: A.—No, tir; [oan’t say which he selected first; he was told to look through the pile and select one; he noes 2 toca de before he picked up the one he said jan like it, Q —Dit be say that he could not select a coat that looked Ike it, and that all he could do, was to desoribe it by the strip: A.—No, sit, not to my knowledge; his atten- tion was pot called to the fact that my coat hi not stripes on it; he was exemining the coats rome five minutes; I do not know that the wil ef this coat looks differently in daylight from what it does by candle light; he exemined the coate more tham once; upon the firet ination he seleot- ecat; no one went to the pile with him; he was reoond time by the Coroner; thers was a strong light in the room at the time; | cannotrecollect. the words he used, nor even the substance of them, at the time he made the selection; witness is not acquaint- ed with Mr Austin; knows him by sight. M’Govern examined for the prosecutior the prisoner; knows Nesbitt; kn min the month of September last; saw Austin on the 23th of Septem- ber last, between 6 and 6 o’cleck in the evening; was slone when | first saw him; we afterwards met Nesbitt in Park Row; Smith ehortly after joined us; never saw Smith before; he seemed th be an acquain- tance of Mr. Austin’s; we went to Leonard street; we ‘ot there about 9 o’clock; when we got there, we went into Wooldridge’s house (the Victoria) and enquired if he was in; we were told he was not; we then left; Nes- ditt and Smith went out ahead; we sat on one of the steps. and made a bet of @ bottle of wine that Nesbitt eould not enters house of bad repute near the station houee; Nesbitt propored to Austin to go in, and Austin objected; the latter sald Nesbitt could not get in; Nesbitt and ith 1d down ahead, to go into that consider: head of hen person came running out o to Austin ; d,"“wor’t you come in end hea: tong?” in objected ; he asked him @ second tim and be again objected; ‘he then took a hold of him by the ban of the coat and a wo: lookd out of Shea's then dragged/Austin down stairs, at the ing : come inand you will hears nice seng; wh Austin got tothe bottom step, he asked witness if he would go in; the person who had hold of Austin said '0,we don’t want him in;’’ they then wentinto the barement and the door was then shut on the in- side ; poy then asked bim if he would drink ; be re- plied, no he would not; he was asked three or four times if he would drink ; he was then asked if he would sing asong; he said no; be was asked a secondtime if he would sing; he ssid no; but if you sing first, perbaps 1 may ting afterwards; seme of them then got to tin, inside, and Austin was again arked to drink; d no, he would not drink; witn: nding at this time outside, on e still insisting on confusion commenced, and | had joined ageinst Austin; down to the house of ill fame, where Nesbitt and Smith had gone, to call them out; went to the door, saw Nesbitt in the hall and called him ont; witness said be expected John was in a muss; Nerbitt said he would not go; witness repli youmsay stay, and then lett and returned to Shea’s house, at which time the excitement seemed to be very great, from the noire within; Nerbitt came up roon after, and witness raid Austin is im that cellar; Nesbitt then went in. and they reemed to be jawing away there; Nesbitt, when he went in, rays, ‘what's the matter?” and threw the doer wide open, and witners then saw the man be- hind the counter with the tumbler in his hand, amd [ think flung it at Aurtin, as it d that way; ussoon aa be fired it, Nesbitt ram out, and some cf the parties inside faid, “boys, clore quarters, or olore in,” the lights were then put out; previous to the light goieg out ope of the persons fired s decanter or a pitober, and fired two or three times after the light wae put out; don’t know what it was they fire ly heard ver they were break and fall on the floor; they then very noisy, and wppeated to be breaking #, crockery, aud decanters, or something like a told them to get ody shotin there; one of tothe station houre, and the other went into Shea’ the next thing | saw was two of the officers taking the Failor man to the station house, but in doing 60 had » 00d deal of difficulty; witness went back to Shea’s Rouse, and found the sficers guarding, aad would let no one in; thinks there were two pains of glaes broken in the docr; there was a curtain overthe door, witness stood at the time on the walk, about afoot from the front etep; thinks, as nearfas 1 can guess, there were a balf a dozen personn in the barement; | became eatis- fied that the panes of glare were broken. by seeing the air draw the curtain in and out; heard Nesbitt, as he entered the decor, ® person inside whut he was going to do with the knife. Ww ny question asked when the lights were out, and by whem ? A—Yee; Aurtin & whet in wil this abi Q-—Did you see any blocd om Austin that night? Overruled. Q.- Did you see Austin after he came out of the Darement? A= Yer, sir Q= What was hiseondition? A—His face wae bloody; the blood waa streaming id, when the lights were out, ? down his cheeks, and over his face; saw nothing thrown from the street that night into the basement Cross comined —| bave not been shown the tion | made before the Coroner since | made tt; | know the priecner five or six years; knowe him intimately for twe yeare; went to Park Row, No, 24; dees not Knew who hept it; it wan called the Foun ; ataid there about an hove; dr once there; prisoner drank a glare of wine bitters; we went from there to the ccrper of Broedwey and Park Place, at Sherwood's; Smith and Nerbict ith wa; we 3 a Nerbitt befo: between Ann o'clock when all drank toge- ntain; the others drank at Sherwood's; home; after we left Sherwood's, we stopped at the corner of Reade street and Bi ing place in the base pt witm \y, and went ‘ay, avd etepped into Pinteaux’s, on the II drank there, except witners: | ee oF four minutes. not more than | alittle contusion at this place between our party; 14, ba | “What | per: Smith broke a tumbler, ond the barkeepe: you, | want you to pay for that,’ Aust ¢ you golvg to do with that ice pitcher, 4 we then went away; thinks it wes murs about about 7 o’ol way until me to Leonard street; we stopped at the St. Charles Hotel, after leaving Pinteaux’; it ts on the next bleck to Pinteaux; witness did not goin; eapnot rey whether the remainder of the party drank there cr not; they did not remain there over a minute; cannot ray what they went in for, except to drink; from there we started across the street, and went to Franklin atreet; we stopped there at ® house they call ‘Volunteer.’ about three or four doors from Broa hey drank there. I did pot; | should judge we remained there about 20 minutes; after we left there, we went down Franklin to Chureb. and turned down, Church towards Leonard, and down Leonard to Wool we did not drink there; we stopped minute, and turned out on the jesbitt went down the street; [ tings’ house; witn king om behind them, but had p got cff that part of the sidewalk immediately in front of the Victoria when they got up the steps of Mins Hattings’ house; when we came im front of Shes’ Warement we were stopped; witness was very ia- timate with Nerbitt, as much so as with Aus tip; never saw Smith before that night; saw him the two following days, in Leonard strest; him once since in the City Hail, the firss t trial Was set down; thinke it was in December; caanot ray who it was thatstopped usin Leonard street; is | not certain whether he eaw Patrick Shea examiard at | the coroner's inquert; witness left the room imme- | diately after he was examined; veversaw Patrick shea | to know bim; one of the decearea’s brothers was point- ed out tofhim, but which of them be does not ksow; saw John Shea. Jr., who was examined bere as a wit- ness, but never saw him before; does noa know whe- ther be was the man that stopped us or not; the maa who stopped us was in his shirt sleeves; | would uot Auow bim if] rhouid see him; it was dark at the time; I wae about two or three feet from him, { should jadges | he rtocd # couple of minutes asking Austin to go tn; I eaw bin side face as soon as he got on the side walk; be took hold of Aurtin; | then looked round at him; | did not notice bim much; | stood outside Austin, on the walk. and stopped there until be went down; the perron who stopped us was a young man, bare headed, nd in his sbirt sleeves, his hair was dark; whea be got upon the walk he asked Austin to come down and hear a song; Austin raid he would not; be then took | hold ot him by the collar of the coat aud repeated the words, “ Will you come down and hear @ song?” Aus- timetill refused, and he pulled Austin towards the basement, and Austin otill kept baok, but he got him on the edge of the steps, and with a little jerk brought him down; Austin did not appear to like it, butehowed | Do passion; the door was shut at the time; witness did pot look at him; after he got bim down bo still kept bold of him, and with one hand opened the door and pulled him in with the other; the man appeared tobe about Austin’s height; Austin did not ask me to m, end I did not think it worth while to ine Austin kept his foot between the door and sill, to prevent the door from being shut; toe man dragged Austin in, and shoved him in the corner; it wae the lower corner, towards the station hou k'when we left; we then went up Broad. | HERALD. juries, but for another distinct caus violent dysentery; my impr: abject, that he hed a that nigbt; | recollect bis calling my at- te rome injury aboat the right var, but what it wae | don’t recollect. czumined~ Has practised in this olty for near- ly en incised wound is @ cut; @ pane- tured wound fs from a thrust; snd # contused wound ? ie from a projeotil Q —Could nots arp tumbler or decanter make @ cut or an incised woun A—l think not; there would be contusion about the wound; but if the tumbler or decanter was broken, im the firet place, and the broken part coming in eon- fot with, the person aimed at, it would make an incised oun Q- How deep wan the wound? — wk it not to the tant Went to the skin next the bone, but | _Q—Suppore @ pitcher broken over @ man’s h — that make any of those wounds you ha : | of? Ait waight make the contured wounds, — Could the weund on the moutl blow againet the teeth ? ently: Bey anaes Fae A —\t might; or it might be made wit! yeter | knife, or rome such instrument. inane h such fnstrament would it not bave gone further 1ute the mi flicted lurger wound? bat would depend on the force with which the blow wan given, By the Cow t—In reference to thin whole affair, what trumept do you think inflicted thet wound! 1 cannot ray; my tirpresmion at the time was, Sf one person inflicted both wounds, that one was elven by 4 out, apd the other by a stab, The Court here adjo a Bowery Turatae —There was an immense house here lant evening, attracted. no doubt, by the novel amusements which were presented. The boxes, pit and gallery, were one dense mass of spectators, and reat was the enthusiasm which prevailed. ‘The frat Hee was the comedy of Nava Engagements,” which jaseed cif moet admirably, though sooth to say the sudience seemed to be rather impatient tor the grand feature of the night, and when the curtain rose for “Tom and Jerry.” the obeering was great. This burs lerque has been £0 often played, that every one knows the story.the country squire coming to town. tos “life”? with bis knowing townbred cousin. Stevens was the Jerry, and played very we'l; and all the seenes, the horte rale, the rtrevt row, the watoh houss, the scene among the beggars including the famoug dance of Dusty Bob and Afriean Sul, were bighly applaaded; but when Tom informed Jerry that the next place they would go to would be the boxing rooms of Tom Crib, the excitement got greater thun ever among the audience, At last came the roene, and forth the men of science. Tom Crib. who was rep! by Mr. Thomas flyer. was reo three, and several minutes «| thuriam of his reception subsided, 60 as to allow of | the piece being proceeded with; floally quiet was restored, only however to be broken again on the in- troduction of Mesers. Tbompsen, Winrow, and O'Donnell, who represented the parts of Crib’s age sociates, ‘Ibe scene which toliowed was very interests ing to those fond of such ecieutific displays Messrs, Winrow and O'Donnell firrt displayed their abilities ia the way of eelf defence, after which Messrs Hyer and Thomron had atrial oftherame. ‘Their gloved hands flew about one another's heads aod chests pretty smartly, ond all proved themrel:es good and truemen, The drama of the’ Millof A'dervon.”’ cono’uded the Austin kept repeating that he did not want to go inj cannot tell whether he put forth his whole strength to prevent bis being taken ; in the whole operatioa be- tween Austin and the young man might be about one or two minutes; witness stood in the same place all the time; saw no one come out except the man that pulled Austin in and the women that put her head out ; Icannot tell whether she was an old or # young woman ; heard her voice, but could not distinguish what rhe said; | think he replied to ber, “go about yeur business,” or “ go into the house,” it was either one of there he raid ; when the door was shut I went in front of the steps towards Broadway ; the first thin, 1 heard raid inside was, “ Won't you have a drink ?” it sounded to me like s male vloe; I could not see apy one inside after the door was closed ; while Austin andthe man who dragged him in were on the sidewalk they were sicging inside most part of the time ; the door wee shut the singing was stopped ; they asked him several times to drink, and he replied each time be would not ; then asked him if he would not pg; this wae before the singing was com- tter he had gotin he replied he could not arked @ second time ; he said did not would after the person who asked him if sung ; they began to sing then, but | can- words or thi ced talking when | went for th had gone to Miss Hastings’; | was a kind of fraid to open the door and lookin; did not know the station houre was in that street ; 1 walked to Miss Hastings’ at a quick pace; | saw Nes- bitt. im the entry through the blinds; I did not 0 Smith ; Nesbitt was talking to a girl in the ball; he refused to come with me, and | came back to where | was before; | don’t think I heard anything said; after | returned Nesbitt came there immediately after. and went down; [ don’t think they commenced singing egein after Nesbitt went in; up to this time be threw the door open; I don’t think I heard any glass or crockery broken; but before | went for Nesbitt, I heard romething like the rattling of chairs; after Nes- ditt threw the deor open. | saw the hind the bar with the tumbler in his hand; I did not ree his face; 1 only saw his hand on the tumbler; I don’t think I could see his face; I was too elevated; | saw him fire the tumbler ‘ards Austin; it did not hit him; Nerbitt was outside; he came out as it was being thrown. To the Court—1 could only form an opinion as to whether the people in Shea's house were intexloated or not, except from the noise and loud talk at his front 3 they did not appear to show any angry dged that wasafter he refused to drink To a Juror -When | heard the pistol, Austin stood outside the door way; did not see the flash; does not know who fired it; caw no female there. To the Court—Saw no pistol with them that night; never saw one with them before; after Austin came up be went towards the station houre; there was blood on bisc “wa I ai ‘ination resumed—I aid not er that afterthe lights went out Austin side the door; | did not an with the red shirt came out after Au struck bim with a chair, breaking it to ples: pow recoileot the circumstance thatthe man cai out and struc! m with a chair; but { did not say he broke it to pieces; every thing wasdone there ro quick I cemvot sey whether it wae befcre or after the pistol ‘was fired; | swore before the coroner that Austin was struck on the kg with the chair; [ recollect I swore thatip abaelf minute efter Avstin was struck with the chair, I beara the report of the pistol; but I correeted it afterwards by stating that I could not tell the time, it was doxe so quick; I made the correction when the deposition war read; the correction was this: Teaid that everything wes done ro quick | could not distinguieb the time; | raid #0 to the Coroner, bat! don’t know that he took the correction down; | did not swear that the repert of the pistol came from the street; Lawore I thought it did; 1 think Austin was o1 the second step when he was struck with thi 5 I cannot poritively eay whetber it was before or after Au rd the report of ith the & good deal before the Cororer, in e: testimony, which w told me that what | sworn to was taken down sub- etantially crrrect, and upon that assurance I signed my deporition. James Kexnevr—Isn physician; resides in Duane ttreet; knows the priecner; raw bim first to know him the night ef the cecurrence; saw him in the sta- tion bovee, in the inner back room, sbout 10 o’clock that night; upon examining bim | found he was bleed- ing profusely from wounds on his face; he appeared to be much 4 confused, as if something had beppened joh he bad note distinct idea; there were @ number of wounds on hi two of which rimet the ba ewer to thas on which this wound is; could pot be made with anything bi ment; it denoted considerable violence in its infiction; it ofterwa exceedingly sore and painful; thinks it was two or three weeks before it was well; | fevud contusicne or bruites about diferent portions of the head; they were Jucated principally about the fore part of the head; I thovght. upon examining the hat st thetme, that it required coneiderab'e force to cut through a for bat, it being anime! matter; | think the biews which inflicted the contusions must be given with conriderable force, to produos such contusions as found on hit head; | think | noticed # wound behind esr; and being aontting instru. ; itent put wy finger throveh, ip dr performances. The same bill will be repeated this evening. Broapway TuxatRe.—The new patriotic and histor!- cal national drama of “ Kate Woodhull,” written by C. Edwards Lester, Eeq., was announced again for last night, at this theatre. This isa piece prusenting various highly interesting tableaux of come of the events of the revolutionary war. which are brought forward upon the stage with considerable effvot, and very iatere esting as pleasing recollections and bri! of the heroic age of American o| The e of the play fs beautiful. and most ndvatrably tional and patriotic character of the d to draw forth Se dto the pi minently calcul: whnost enthusiasm of inclined to ag: gel to be unanimous io atbor might perhaps h American audience; tho produced learn that » grand legen soon to be brought out peat talented management, in a etyle of splendor similar, if Bot equal to, “ Monte.Cristo.”” Nationay Turata: The opera of the “Child efthe Regiment’ was again played last evening, at this house; and the never fatigued Mose once more took bis departure in the good ship Humbug, for California, and on arriving there went through all those serio comic adventures in the land of promise, which have so amused tho frequenters of this house, for several weeks past. Wo have so frequently aliuded to the poluts in this piece, that we refrala from saying more than that it is decidedly the most amusing of the Moee dramas yet produced. and moreover, entirely free from those rowdy tendencies which the others have, perbaps, too far inclined to To night, tha very laugh: able farce of “Simpson & Co.” will be played first. 1t is a most amusing piece, and the quandary in whieh peor Simpson (W. B Chapmen) is pat, by the pecoa- dilloes of bis rakish partner. make the house resound again with laughter. Mra Woeodward and Mrs Isher- wood, too. as the mistaken wives, act eapitaliy: The domertic drama of * Woman” will conelude th formances, In this plece, Messrs MoFarland and ton have excellent parts, whic’, they play well. Bunron’s Theatre —Last evening the “Fast Man’? and the “King of the Peacocks” were again performed at this theatre. The house was well attended and the audience highly pleased, The fine sentiment of the eomedy, and the eee presentedin the ex- ral sa je ‘poetry of motion,” and was an eleg P warmly applauded. Broapwav Circus.—The unfavorable weather a pears to bave no effect upon the etrractions of thi ogreeable place of amusement, which is nightly filled with very fashionable audiences The extraordinary performance of Mr. Sand and bis two elegant sons; the besutifal horses of the company; the inimitable feats of the ecuyers of that munége—everything weat off last nigbt with the usual rounds of appisuse. Mesars, Stout and Hankins, in their wonderful act of hors manebip, were really admirable. As for the elow Gardner and Pentland, they d with the The w) Course in Miniatore, The circus of M place ever establ patronage. Cunisty’s Mixstrers —The new burlerque of the “Voyage Musicale,” produced now six weeks ago, by these talented minstrels, has had» most rea thus far, and the probability is, it will continue its terumpbal career for many weeks to oo of the witti-at bite we bave ever heard, picy, comical concluded with the “Pony Races, or U: ”’ which elicited mash apolanse, Sond & Lent is the mort orderly ed in New York, and deserves great 0 much admired; and their evpr-pleasing one of the Scenes.” Maeter Olw Bail still keeps up hia ® most splendid violinist; and Swaine’s bones yas ever; whilst the united volose 'y give the verious Etbro sien melodies of the day as tastefully aod harmoniously as can be, Cuisese Museum —Tbis collection is fall of wonder- ful curioritier—that is to ni curiosities to the prople of this hemisphere, thing that comes from Chins, about whiok country iitile te generally known; but berides mere ouriositier, this collection specimens of almort everything in use in 80- domentic Chinese life This museum, in fact, jd ‘ Liegiate ploture of the habits and customs of Barney Williams is at Rochester. Later from Venezuela. Dates to the 2d instant, trom ,Puerto Cabello, were received yesterday by the arrival of the bark Thomas Dailett, Captain Dill, at Philadelphia. Captain D. reports that at that date the authority of Monages was undieputed. The constitutional forces were, in several skirmishes, defeated with great loss. The capture of the American steamer Soourete by the government authorities, off Maracaibo, will lead to both trouble und expense, the damages are laid at aJarge amount, and the trial wmeh is now penaing will result in a verdict for the owner. Business continued dull and unsettled, as serous divisions were taking place between the fnends of Menegas, who were aspirants for office. We copy the following letter trom the Phila- delphia Evening Bulittin:— Purato Canerro, Feb. 1. 1849. ‘The Jatert intelligence received here from Maracaibo represents the authority of Monagas, as Presideat of the republic, a indisputably established, Ta addition to Co 80; 1 don't think such # w could begiven with » pitcher or a tumbler; it took, as I think ole ah of time to heal as the other; I Otros ound and rome bruises on one of his arms; they indi a one; | think there were one or more breast, but [ Dot porith there wae an injury om tne nose; it contured wound, cm the left side of tl thi appeared to be recently inflicred; after he was eb went 10 his residence, | attended him; | don’t collect finding any injury on hie leg; | think be after be got to his own houre that I discow brulee om bie arms; the wounds on the body I did not think ferious, wd. therefore, my attention was not £0 much directed totbem as to thoreon his head which Tconsidered serious; | think the prisoner was from four to nix weeks indiepored. To the Court—1 attended him most of the time, till be went to the Tombs, but not altogether for those in- to previous e 8, of which you have heard, there have been reveral recent ekirmishes, in ail of whieh the constitutional or Paez forces were defeated—in rome cares with great lors. The capture of the Ame- rican eteamer Scourge, by thi at fleet, will undonbtedly lead to great trouble Da- megee Dave been iatd trial nda in extremely dull, Oe yan be placed upon nt government. ters Bot unireq: South American repadlics,