The New York Herald Newspaper, May 27, 1849, Page 1

‘Trial of Dr. John K. Hardenbrook Charged with Poisoning Thomas Nott. SECOND DAY. Rocnester, May 24, 1849. This long and tedious affair, in which John K. Mardenbrook is charged with the murder of Thomas Mott, is now progressing. From half-past eight this ‘morning, till seven this evening, the court, jurors, @ounsellors, reporters and spectators, have had their minds busily occupied in taking and hearing the ‘testimony of three important witnosses on the part @f the people. The testimony of both Miss Roach and Joseph Thorn, appear to present some strong unds for the jury to believe in the guilt of Dr. Har- brook, but as there are yet a large army of witness- esto testify, we cannot say what weight the following evidence will have with the jury. Many of the people here have changed their opinion (since the examina- tion) of Dr. Hardenbrook, and ve he is not guilty ef the c! of murder, During most of the afternoon’s proceedings, the Court House was a complete jam with spectators of all elazses, — and sexes—some to get a sight of the doctor; others to hear the testimony. The officers de- tailed to attend this Oyer und Terminer, had to use their authority a number of times this afternoon to ane crowd still, and preserve order. © prisoner and oue of his sons, who is from New York, were seated during the day beside the prisoner's eounsel, by whom he will be ably defended; as Messrs. Smith, Selden, Adams, and Thompson, are putting forth every nerve to show the innocence of their client. ‘The follow ing is all the testimony produeed up to 7 o'clock this evening, which will be found quite impor- tant and interesting. The first witness was calied upon the stand orterday, and resumed this morning. George W. Parsons recalled.—Thinks the deceased did not say to me in the presence of the doctor what brought On the disease; the doctor said they had been sitting and amusing themselves in various ways, such as play- ing checkers, &c. ; the doctor remarked they had left Mr. Nott to go up stairs; he went up to Mrs. Nott's Yoom, and while there heard a noise somewhat unu- sual; he then went down, and found Mr, N. lyiug upon the floor; he was in convulsions; and Dr. H. remarked at the time that they must have bven strong to throw him from the sofa, and when he came down he placed Mr. Nott on the sofu, where | found him. Dr. H. said he had administered medicine to him that day; think ‘be caid it was in form of pills; whether it was the doc- tor or Mr. Nott said this, [ cannot be certain; Mr. N. complained of a sensation in his back anda heavy - Pressure in his stomach; he spoke of particular place the small of his baek, where the pain was very un- comfortable; he was very thirsty most of the time; he drank and ealled for water eauantly, the doctor said it would not injure him, and I gave him water a num- ber of times; gave it tohim in small quantities, such 88 tea spoontull at a lime; the mediciue was figst ad ministered to him in pills, and afcer that in water; he complained of it being bitter; he would enquire for that bitter medicine [here the District Attorney interrupted the Court, saying thut he wished the Court to order all witnesses in this cause not to leave the Court-house which was done by Judge Marrin] ; don't recollect that he made any other remark after taking the medicine, only that he felt weak; the doctor said that Mr. Nott had com, lained of haviug the piles; believe he said that he had examined him in reference to that, but found no such indication, but had discovered the rec- tum was diseased; | am not positive whether he told me what kind of medicine he gave him, but think he said he had given him a portion of nitrate of silver; I next saw him between 9 and 10 the next (Sunday) morning; there were symptsms of twitchings, but rather more slight than the evening previous; | found the doctor's youngest son sitting by Mr, Nott when I ealled at the above hour, | remained about 10 minutes; T next caw him between 1 and 2 o'clock; his situation was then about the same as in the morning; discovered some little twitching; the doctor was not there then; I next saw him about 6 in the evening; don’t think I discovered any material change; did not see the doo- tor; think I saw no one, except his youngest son; I think I said I would be very giad to sit up with him; Mr. Nott replied that he would be glad to have me; Ttold him J would yo and get some rest; after I had Jaid down, the Doctor called und said it was not necus- v4 for me to sit up, as Mrs. Nott’s brother had arri- ved, and if they tound it necessary he would call again and let me know; | was laying down at the time tho Doctor called; I might have been there 15 or 20 mi- mutes; when there between four and five o’clock, I talked with Mr. N.; he talked freely; | believe he kept iis bed; J next saw him at two o’clock, Monday morn- ing; I was aroused by the Doctor's son, James; I went to Mr. Nott’s house, and found Mr. Nott dad; I think there was no one in the room with him whun | got there; the Doctor and his two sons wore in there the most of the time while { was there; the Doctor spoke of the suddenness of his death; remarked that he did not know what people would ‘think of it; also said “ what shall I do, Mr. Parsons?" he replied then “ my duty I suppose; I then told him that was all that comkt-be- required of him; he then proceeded to mak ments to lay out the body; | found the arm: ‘very rigid; ib was semewhat difficult to get the clothes of him: the sleeves of his under clothes had to be rip- ped to get them off; observed the muscles of the neck very stiff and rigid; the Doctor remarked it might be difficult to remove the head in a right position to lay out the body; I and the Doctor made the attempt to remove his head; there was something said about the rave clothes; a question was asked by me; and the tor replied that it was not necessary to use a shroud; but said a shirt was all that was necessary ; there was nothing used but a shirt; the hands and feet were confined together in the usual manner; I think after buthing the neck with warm water we soon got his head in the usual order; the lower limbs were not apart any way unnatural; I observed his toes were twisted out of shape; one of the fect was drawn and turned in an unnatural position; we got it back in its place; it did not require much strength to get it back to its place; think all the limbs were rigid, and ‘out of place, but we soon Got them replaced, (here he described the position of his bands when he found him dead, which were nearly clasped); that was the position when I discovered him first, after his death; | was there till after daylight the next morning; I asked the Doctor if Mrs. Nott had come down to see her husband, and his reply was, that the circumstances were such that she could not leave her room; he we me to understand that she had not been own to see her husband; the Doctor requost- ed that Mr. Nott might be buried with his son, .who had died some year and a half before; don,t know ‘whether Mr. Nott had any children living; this child spoken of might have beon three years old; this was the only child | know of that belonged to Mr. Nott; the Dr. said nothing to me about having a will made of Mr. Ble 23 rty ; the only position of the toes of Mr. Nott after his death was, one bent inand the other out; think Dr. H. did not repeat more than once that “ he did not know what would be thought of his death ;”’ do not recollect at what time I saw Mr. Nott again after that morning spoken of as the first time I saw him after hisdeath. [Here a map of Mr. Nott’s house was shown to the witness, who described the rooms, &e., to the ju ‘The room where Mr, Nott died was pointed th court and jury.] ‘That map scems to be correct. The sofa where Mr. Nott lay was in the south part of the room, Cross-eramined by HR. Sxs.von, Counsel for the pri- soner.—There was a considerable quantity of blood that run down and did not go in the bow! at the time he was Died ; 1 think there were mustard plasters applied to the feet of Mr. Nott; I cannot recollect the intervals of time that occurred between his being bled and giving him the medicine ; I don't recollect that he drank any- thing uutil after’ he had taken the first medicine ; I think the Dr, said that it was what he expected in re- ard to the relieving of Mr. Nott by his giving him Gr seoticine ; iny iipression now io that Me. Nott expressed that he was somewhat relieved after he had taken the medicine; I had to carry him from the sofa to the bed, at the time we undressed him Mr. Nott spoke of his having been troubled with piles, and of is having had an attack in New York, some months revious to that ; 1 understood him to represent it as Being severe one ; I am not positive that he complained of his being troubled with headache, but think he didin the presence of the Dr.; his most serious complaining was of serious pain in the smail of his back; he complained, during my stay with him, of slight twitch- ngs in the back; my impression is, that it was after candlelight, the Doctor called to inform me that I need notcome to wateh wr. Nott; | made the remark to the Doetor that | would have been glad to have been thore; the last time | called to sev Mr. Nott, before his death, hie eyesappeared heavy; did not discover any difficulty in his shutting them; in relation to the bathing of the Body, it was nothing more than that the bedy was merely washed off; did not have any difficulty in get- ting the head of Mr. Nott straight; [couldn't tell whe- ther his arius had been placed across his breast before | came in; there was no difficulty in removing his feet; did not discover anything very unusual in the position of his feet, only that his toes were bent; some of the toes were drawn back and forward, and did not appear natural; | did not discover any of the toes out of place, except on the left foot; did not discover anything un- natural on the right foot; { cannot say precisely how many ef the toes on the lett foot were out of shape, but it was that foot which attracted my attention; George, the Doctor's son, was in the room at the time of laying out the body, think the Doctor aud myself were tha only ones that did the work ot preparing the body of Mr Nott fer his shroud; think that George might have brought ia some of the clothing. bat most of the time while preparing the body we were alone; | had intimate wequaintunes of Mr. Nott; the Dc eluded that it wax not necessary to have anything put on Mr. Nott except shirt, drawers, and stockings, which Were put on while | was there; the remark was made i the presence of Mr, Nott about his having diseha at the rectum; I cannot say who made tne remark; don’t recollect that anything was #nid with his having worn hoavicr eluthiog in consequence of tl charges; the medicine wes given to him as 4% nything; | was examined by re at the Lime ot the Do: my deposition was read over at that time ud subseribed by me. GouNse.—I8 that the ono? hat is correct, and has my signature, ored tu give {t now. a4 neat asf could Feeollect. ax t did at the wxamination; he evuld speak very ensily during the whole time | wat with him, ex- cept when the spasms were severest; the Dootor appear- sed to do ail he could to relieve Mr, Nott; [ vd kaown the oetor some three ur throw and a bait | bse frame aequainted with hit soon atcor he tov’ ap bis re Adenee here; T don't recollect anything objectiomble to the Doctor's charactur and stauding betoce this Soir; Mr Nott rewarked to me, as near as Lean ree Me ot," Parsons, that Hardenbrook is a great doctor’ Be. ott appeared to speak as having confidence in the Direct examination resumed.—Nott said he was sick a day or two in the city of New York, but did nag state exactly the time; he said it was a somewhat severe at- that it was in any way similar to the mwas made to put I it inte the room; 1 think the Doctor administered the medicine to him before the severe spasm came on him; it was probably not over fifteen or twenty minutes after he had taken medicine that he was attacked with the severest spasm; don’t recollect whether he called for water be- fore or after that spasm; it was almost im; ible to get anything in his mouth after the spasm. The Doctor would approach him with the medicine on @ knife- blade, and would endeavor to quiet his nerves to get him to take it; it was only a short time after he took the first medicine that he called for water; he did not call for any water the first hour anda half I was with him; he had difficulty in swallowing; after the Doctor left the room, Mr. Nott laid down on the sofa, and was shortly taken with some conan that he supposed was the nightmare. le a noise; he plaeed his foot at the end of the sofa, and threw himself upon tho floor, but the Docto: Ga ry it was the spasm that threw him off the sofa; | have seen @ person in some respects in the same condition as was Mr, Nott; it was about thirteen years ago; the motion and twitchings of the limbs were like those of Mr. Nott; that person did not die; I understood it was the result of medicine given him for paralysis. Mania Roacn, sworn—I lived at Mr. Nott’s last Feb- ruary, at the time of his death; I was there to do the housework; I lived there four weeks at the time of his death; I recoll the Saturday; he was taken ill in the evening; Mr. Nott was down the street, and part ot the time up to the house, during that Ras he did not get up to breakfast that morning; it was between eight and nine o’clock that | first saw him; I saw him at the house; when he first came down he washed himself, and then came to breakfast; tbe family were at the table; | made a little toast for him and he eat that; Dr. Hardenbrook, his two daughters, and Mrs. Nott, were at the table with Mr. Nott; I did not hear anything said at that time of his being unwell; Dr. H , his two daughters, Mr. and Mrs. Nott, composed the family at that time; I did not see Mr. Nott doing anything after breakfast; was tulk- ing with Mrs. Nott, and around the house before dinner; I saw him go out of the house; we got dianer alittle before one that day, as Dr. Hardenbrook was going away; we usually dine at one o'clock; Mr. Nott was home at dinner, and dined with the family; he waited on the table; I was part of the time in the room at dinner; he took dinner that day; Mr. Nott had been complaining a couple of days before this day; I did not hear of bis being unwell on this Saturday; I did not hear of what he complained; Mr. Nott eat the same as others did that day except the mince pie, which he did not partake of: in the course of the afternoon he was lying on the sofa; I saw him go out in the afternoon, and return about’ six P. M.; 1 think he was gone about two hours; I saw him when he came home, he eame alone; he had some sponges, and showed them to Mrs. Nott; he sat down and talked with Mrs. Nott, who sent me to sweep the snow off the stoop, but Mr. Nott went and did it himself; it was before dark that he swept the stoop; | think he could have done it in about a quarter of an hour; I saw him when he came in with the broom; saw him in the dining room; he sat down and talked with Mrs, Nott; Dr. Hardenbrook’s daughter and Rose Clancy were also in the room; Dr. Hardenbroog was absent, and we did not take tea till after seven o'clock; the doctor got home about the time tea was road Nott went in the back parlor before tea was r same that took breakfast and dinner took tea; I was notin the room at the time of taking tex; I did not hear anything said before I went to bod in regard to Mr. Nott being sick; I heard nothing in the morning of Mrs, Nott being unwell; she heiped to do the bak- ing and froning in the afternoon; she got through about half-past six, and did not do much ironing; she afterwards went into the buck parlor until | ot tea; the first I heard that day of Mra, Nott Pang sick, was that sbe was taken at the tea table; she told me sho was sick; she told me her head ached, which was after tea; she poured out a cup of tea after the doctor came in, and then complained of being sick; I don't know who poured out the tea after Mrs. Not! left the table; I rat on the sofa with her; she then went and laid down in the bedroom for a few minutes; she afterwards went up stairs after | had made the fire; it was her sleeping room were I made the fire; she then sat down on the carpet and laid her head in a chair; 1 then left the room; it was about half an hour after she had gone up that | went up and found her in the same osition; I then went down and made some herb tea for er; took it up stairs and geve it to Mr. Nott, who was then there; I do not know whether she drank it or not; Tasked her if she wanted anything elso; she said ne, not at that time; it was about 8 o'clock in the evening when I took up the tea; Dr. Hardenbrook was in thi parlor, and Mr. Nott came down and played c! with the doctor; they were still playing checkers when T left, which was about half-past nine; I don’t recollect of seeing Mrs. Nott again that evening after I left the tea; Mr. Nott appeared as cheerful that evening as usual; it was between one and two o'clock on Sunday morning that I next saw Mrs. Nott,; saw her in the room with Mr. Nott, and nobody else was there; Doctor Hardenbrook sent me up to her room with ‘a basket of wood, which caused my seeing Mrs. Nott; I told her Mr. Nott was in dreadful pain, and she replied that it was a dreadful thing to be taken so sudden; the fire in her room was in the stove, and | put in more wood and started it again, as it was nearly out; Mrs. Nott said she felt worse; she said nothing at that time what was the matter with her; I] next saw her between six and seven in the morning; when [ wasin the roem with the wood, Mrs. Nott was undressed; Dr. Harden- brook called me up that morning and told me Mr. Nott was sick; when I got to the room of Mr Nott I saw no- body there except the doctor and Mr. Nott, who was on the so! she doctor told me to hold Mr. Nott while he went and called Mr. Parsons; I slept in a room over the dining room; Mr. Nott appeared to be shaking his hands and feet, so that he could not sit still; [ had to hold him; I had to hold him with all my strength; Mr. Nott said he was in pain, and got frigl on the floor; he told me not to get scared; the doctor was gone but @ short time after Mr. Parsons; when the doctor returned he spoke to Mr. Nott, and said, I will go up stairs wake up the family, and then started; Mr. Nott was sitting up at this time; the doctor got baok before Mr. Parsons did. It now being] o'clock, the Court adjourned till 2P. M. 2P.M. Mania Roacn, resumed.—It was about an hour after the Doctor came that he sent me up with the wood to the room of Mrs. Nott; 1 was awoke by the Doctor about half-past1; when I first looked at the clock, it was 3 o'clock; while I was alone with Mr. Nott. he could not lie down for want of strongth; he laid down on the same sofa as before; he tried to lie down, and could not; he could not straighten himself; he would try to lie down, but would fall on me; it was nearly five o'clock when I left the room; I saw the Boctor give him medicine when in hed; | saw him put drafts te his feet; I made them of mustard and vinegar; sometimes ho would have the spasms harder than at other times; a short time before I left the room, I saw Mr Nott was etting better; | held him all the time, till within a flaif an hour before left the room; I held his feet; #0 times, I would have to spply all my strength, and other times I could hold him easily; { had to hold his feet together, because he would throw them so much; the next time I saw Mrs. Nott, after I took the wood in her room, was about 7 in the morning; she was in bed in the same room; while I was holding Mr. Nott. the Doctor went up stairs several times; I did not know to whose room he went, but he said something about Mra. Nott; what it was I cannot say; she was asleep whea I went’ up to her room, so I did not speak to hor; Dr. Hardenbrook’s daughter was in the house; she’ was about 19; her name was Jane; the next time | saw Mra. Nott was about 9 o’clock on Sunday night; Jane Har- denbrook took some toast, crackers, K&c., to Mra, Notts room; on Saturday night, at one time | was going up stairs, the Doctor asked me where | was going, and I told him I was going up to Mra, Nott's room, and he told me not to go up, as she was not able to see any one; he told me twice not to goto her room; the reason 1 did not go to her room was, that all was go silent, and both being sick. and Mrs, Nott not sending tor me, I supposed I was not wanted; | did not know or hear, on Sunday, what was the matter with Mrs. Nott; [ did the washing of Mr. and Mrs. Nott. (Here the Court- house became so much crowded, that the officer had to insist upon the spectators taking seats, Order was finally restored.) She did not tell me on Monday that the had miscarried; she told me so the following Wed- nesday after Mr. Nott died; she told me differeat from that on Monday; she told me worse than the: [This is the only answer that could be drawn from the wit- ness for along while ; but she finally told the Judge, and he explained it to the court and jury, but it was not fit for publication It amounted to Mrs Nott not being in a fit condition to go down and see Mr, Nott.) the next time I saw Mra, Nott was near nine Sunday night, and she was still in bed; I again saw her about breakfast time on Monday morning; | did not see Mr. Nott on Sunday, but the doctor's daughters told me he was getting better; I did not see him from the time | left his room till I saw him dead; I was not awake at the time of bis death. but was awoke by Dr. Hardea- | brook after he had died; [sleptin the room No. 13 and din No 7(as inthe diagram on the paper); | was sound asleep when the doctor first calied me, but he finally awoke me and told me Mr. Nott was dead; he told me to build a fire and put on some water, and [ built the fire; it was about two o'clock when the doc- tor called me; after Mr. Nott was washed and the room was fixed, I went up stairs; the doctor asked mu where I was going. and said [was going up to Mrs, Nott's room to call Ann, his daughter; he told me they were all asleep up there. not to go up; when I got up frou my bed | found the doctor, his two sons, and Mra. Nott's brother, and afterwards Mr. Parsons came; abot nine o'clock | saw Mra, Nott and spoke to her; [ said [ never heard of such «thing as for Mr Nott to die so sad- den, and she said it was a terribly thing for him to die so sudden; the doctor told me if any one cxme to the door. to tell them that Mrs Nott could not bs seen, but ifthey wanted to see the body they could come in; these were my instructions froin the doctor all day Monday; all knew of the body being openod on Mon- day; it was the doctor's daughter, Ann, who epoke of it tome; it was after dinner; the doctor told ine to put on « kettle of water to get warm; this was about one o'clock; | did 80, and hiv deughcor, or himself, | can not ray whieh, came ont and told met» givethem a six quart pail full; [did so wad it was either taken in the back parlor or the bed room; I noxt saw the pail of was water in the room where the deevaced lay, wile about hai an hour after [ gave it to them; the do told me to take it away aud empty ft andl dudes ti water, at the time I took tt awa color; before T ente came fro - looked muddy and of the room a bart ameli it as the door was open; the reason tie dove ; | wos opened was, the doctor's youngest daughter went tened and fell | SUNDAY MORNING, MAY 27, 1849. the water, I discovered something float- ing which looked like the insides; it did not have t appearance of fiesh; when the pail was taken iato e@ room the doctor said tome, let no one come in till he opened the door; I do not know whether the door was fastened or not; I have seen the doctor put his hand on Mrs. Nott’s shoulder, and at another time saw them read one newspaper together, reat laughter); her shoulder was not bare at the ¢; the doctor ‘slept in the room adjoining the room of Mr. and Mrs, Nott, during the life of Mr, Nott; but, after his death, the doctor changed his room; he ufter- wards occupied the room called the hall bedroom, which room has a door opening into Mrs. Nott’s room; Mrs N. still occupied her same room; the doctors two daughters had formerly slept in this hall bedroom; the youngest daughter elept with her father; she is about fourteen years of age. Cross-examined H. K, Suit, Esq, counsel for the prisoner—The door that leads from the room of the the doctor to that of Mrs. Nott was so fixed that it could be fastened on either side; | left the house a week after Mr. Nott died; the doctor was arrested be- fore | left; | knew of Mrs. Nott being bled twice at least, once before she was taken sick; it was after the death and burial of Mr. Nott that the doctor put his hand on the shoulder of Mrs. Nott. The balance of the cross- examination elicited nothing of any importance dif- ferent from that on the direct examination. JoserH THoxn affirmed—I reside in Chili; | am bro- ther of Mrs. tt; she had been married some seven or eight hey lived in Saratoga county at the time of their marriage; they have lived in this city about four years; | only know of their having but one child, which would have been two years old last fall, if it had lived; I first heard of Mr. Nott being sick ona Sunday in February; 1 saw Dr. Hardenbrook at my house on Saturday, near evening; he called at my house ; don’t know for what ‘he called on me only from what he told me, which was that he had business out my way, and as his daughter want- ed to take a ride, he got a buggy and came to my house; he had been in the house before I saw him, as I was out at work; I first saw him in the yard and asked him how the family were, and he told me that my sister was not very well, and then mentioned Thomas Nott, and said he did not know what to make of Thomas, he had his fears about him ; this is all the convereation | had with him as near as | can recollect; the next I heard of Thomas Nott was about two P. M. the next day, his son George came to my house and brought a note from the doctor, that note | kept in my ossession until the examination, when I gave it to Mr. ishop, the District Attorney, who had lost it, [here the District Attorney was sworn, to show that he had received such a note but had since lost it}, the copy which he had made, as near as he could recollect, was read, and the witness said it was about the substance of it; the note wished me to accompany his son alo: Ido not recollect whether the word alone was un scored or not ; I accompanied his son and reached M Nott’s about four o'clock ; I first saw the doctor, and he led me in the hall to the dining room; [ sat down with him, and he suid that Phomas had had a very bid turn the night previous, and also that he had spasm; ; T think he said Phomas would not live through them; he said, he was up stairs when Thomas was taken ; he said he was with my sister they heard a noise, aud that the first thought that entered his mind was, that somebody had eutcred the house aud had had a com- bat; he then said, he went down and found Thomas on the floor; he spoke again of his having a very severe spasm ; he said, that he had a conversation with ‘homas that day, and that he wished me to come down, and that he had conversed with Thomas in re- ard to making @ will; the doctor said, he had told Thomas that if he intended to make a will that he should not let the sun go down before it was done ; he then spoke to me of my sister being quite weak, and that Thomas was the same ; | think | inquired of him what was the matter with my sister, and he said that she had been out and overdone herself, and as they were woak it was not best to say anything to them; also said, after a suitable time { could go up and # my sister ; | went in the bed-room and found Thomas Nott in bed; it was at the suggestion of the doctor that I went in to see Thomas; I remained with Thomas about half an hour; at that time I was with him nearly all the time alone; | then had a conversation with Thomas, my brother-in-law ; when | went in his room, J sat by his bedside, and asked him how he was; | think he said he felt weak; he said he was notin pain; he then commenced telling me how he was taken the night before; he spoke of Louisa not being well, and that he laid upon the sofa, and while there. got asleep, and was there taken very suddenly, and threw himself on the floor, and it being so severe that he did not expect to live; he men- tioned that his perspiration wet his elothes all through; he said he was then easier, but expected the spasms would return that night, and if they did, he could not live; he then asked me, if he should die, whether he could be buried beside his little boy, and I told him he could; after this, he spoke of making a will, as noar as Ican recollect; 1 think he said that the doctor told him if he should have a return of those spasms he could not live; he thought of making a will; he told me he had not property enough to divide among his frieuds and connections, ané that ho should will all to his wife; I told him | hoped there would not be @ cause for making a will; 1 think he said the doctor amd he had a conversation about the making of a will; after [had finished talking with Thomas, the doctor came in. and told me leould now go up and see my sister Louisa; he went with me to her room, and left me with her; when! was in her room it was after candle light; she told me she was very weak; I found her in be: stated that she had overdone herself; had net hi 1 t away, it would be better to have one; | then went down stairs and found the doctor; his two sons and daughters were there; it was at this timo about six o'clock, and we went to tea, and afterwards had another conversation with Thomas, and he appeared desirous to have the wiil made; and spoke of how he wished it made; I then went out and spoke to the doctor again’about the will, and he enid there was no timo to lose, and said I could write it, or thet he could write it; the doctor then took pen, imk, and aper, and sat down, and began to write, and wrote theres part of the will, until he came to the diaposi- tion of the property; he spoke to me about that part and I sat down by him, and told him how Thomae had said that ho wished to will all to his wife, Louisa, and so he put it inthe will, and also made her the execu- trix; nothing further was said, and he finished the will, and we went into the room where Thomas was, and read it to him; there was some part of it not right; the doctor went out and wrote it over on another piace of paper, which satisfied Thomas, and it was duly exo- cuted; the doctor, myself, and his son George, signed the will as witnesses, and it was then 10 o'clock at night; when I first wentinto Thomas’s room, he was very thirsty, and inquired often for water; [ discovered ne twitchings of his limbs; he told me that the small of his back was in great pain; the will was sealed up, and the doctor took it in his possession; there was nothing «aid in relation to getting a counsel to draw the will; after the conversation had finished about the will, the do: tor said to me I had better lie down, and if { was nee ed. I could be called up; after a short time I laid dow: at the time he told me I had better lie down, the do tor, hie two sons. and mysolf, were into the room; it was a little past ten when I laid down; [ think I slept some; I saw the doctor give my brother-in-law me cine more than once that night; he gave it to him ina tumbler, it being liquid; could not tell what it was; think the doctor spoke of giving him medicine; don’t recollect of the doctor saying what kind the medicine was; when! went to sleep the doctor and his ron George were there, and would often go in aud out of Nott’s room; I awoke and got from the sofa about 12 o'clock, and saw Thomas, who appeared to be easier; when I first awoke, I did not see the doctor, but saw the sons; I was with my brother-in-law until he died; I discovered his being still in thirst for water all the time; just before his death it is my impression that he would 'call for water every five or ten minutes, and we gave it to him in small ‘quantities; he mentioned a number of times to me that his mouth tasted bad and yery bitter; in about half an hour after | went in the Jast time, he wanted to turn over, and did so, ut could not lie so, and turned back again; he mentioned a number of times in the course of the evening about his having his spasms return again; the doctor was present at some of the times, when he would speak of the re- turn of the spasms; Thomas said one time that he feared to go to sleep in consequence of their returning; the doctor told him he could sleep, there was no danger of their returning; I think the doctor gave him medi- cine between the finishing of the will and my iylog down; afiwr Thomas had turned over he was’ taken with twitchings; (these twitchings were here described by the witness); when he was first taken with these twitchings, the ‘doctor was up stairs; ‘Thomas wanted to get up, and [ assixted him up. but’ he could not sit up, and I put him back; these spasms beeaine now more frequent, aud one of them was very severe, which ap- eared to affect him yery much, and he wished to be eld; one of the doctor's sons held his fect. and the other one held bis knees; he then soon complained of being extremely weak in the small of his back; he con- tinued to have these turns, and at each time would de- sire to be held; it was about half an hour between the twitchings and the feverest spasm; the doctor came in very soon after he was first taken’ with the worst on he told me he had given him brandy and water on after he got over th erest spaem. he seemed racher tT; the dector ‘wards bled him. and | should think be took about a quart from him; | should thiak it was about balf an hour after the bleeding when he was taken with another spasm; it seemed difficult for bim to drink at th eof his spasms; his jaws ap- peared to be relaxed when he was taken'with the next Fparm, after the biveding he wi<hed to be bled, but the ined so dtog; the twitchings thon showed fast. and he wished us to hold him, he du- to hold his breast down, and ino doing | had to use great strength; soon after oue of bis apasins the doctor came and gave bim some medieine on the point of a knife; it was a maite powder, pat in about two spoonfuls of water; Mr. ott drank it; afcer tnat dose had been given him, he was very thirsty all the after the powder was given him he did not live than half an hour; he had two of the severe spasms between his taking the powder and his death, the lust sparm was very severe, whea he goon drew bis ast breath; he would éry out loud during chose xpasas, atthe time of the severe spas. he would caceh his breath; thiuk §t was spoken of by the doctur, to ead for somebody or a physician but did noe do +0, afver he death of ir, Nott, | wanted to Know of the doctor what uflegt the piles would have om the spine aad the doctor told me they would affect it, and also that would affect the head; after Thomas had drawn last breath, the doctor took hold of my shoulder, and id: “ Joseph, it is awful, is it not? and he then asked me what he should tell Louiss, (Mrs. Nott); he then said to me, “How rigid and hard his muscles Se cpent ht eet o tence eet ey 8D) up; he contim only a few minutes before his death, ving now finished with this witness, and it being 9 o'clock, a motion was made to adjouru, which was consented to by the court till half past eight to-morrow morning. The prisoner was remanded to jail, and the oper put in charge of two or three officers for the ight. The Execution of Washington Goode, at Boston ton, [From the Boston Traveller, May 25.) At about # quarter to ten o'clock this morning, Wash- ington Goode suffered the penalty of death by hang- ing, in the Ferg bag Leverett street, ‘or the last few days a number of ck on have had access to his cell, and opportunity to converse with him—among them the Rev. Messrs. Snowden, ‘Taylor and Grimes, To these persons he was constant in asseverating his innocence. Last night, as is usual with the condemn- ed, an officer was placed in his cell, and others in the archway leading to it, to prevent attempts at suicide. At about 12 o'clock, the officer in the cell discovered that Goode had attempted suicide, by cutting the veins at the elbow. by swallowing a large quantity of tobaceo and paper, and by stuffing his blanket into his mouth. Assistance was called and the flow of blood stopped, though he was left in a very weak state. His courage held up until they began to bind him, when he gave way to lamentations, such as—“ I never thought that I should come to this; this is the last day of my life.” When the water was handed to him, he aid—* this is the last Cochituate I shall ever drink.” In the afternoon, yesterday, he remarked—* I am not afraid to die, Ihave ‘nin battle where hundreds died But to die upon atfold!? Healso said yester- day that he should never die upon the scaffold, and was probably meditating suicide, His hopes of a reprieve were strong until within a day or two of his death, when he saw from the preparations making that he must prepare for his fate. At seven o'clock this morning, the clergymen were again admitted to him, He appeared to sutfer greatly in anticipation of his approaching fate, His uncle and aunt came in and took a solemn farewell of him. At a little before nine, the solemn services were commenced with prayer. by the Rey. Mr, Taylor, ‘The following hymn was then sung by a few persons gathered around the condemned :— HYMN. Soon I shall hear the solemn call, (Prepar'd or not) toyield my breath ; And this poor mortal frame must full A helpless prey to cruel death, Then look, my soul, look forward now, And anchor sate beyond tho flood ; Bow to the Saviour's footstool, bow, And get a life secure in God. Before those fleeting hours are gone, Dil bid this mortal world adieu ; And to the Lord I'll now resign My life, my breath, and spirit too. Then welcome, Death, with all its foree— No more I'll fear the gaping grave ; Jorus my Lord, my last resource, Will reach his arm my soul to'save. He will not hide his emiling face, Nor leave me in that trying hour; Vil trust my soul upon his grace, ‘And cheerful leave this mortal shore. After this, prayer was offered by Rev Mr. Oviatt, when the preparations for execution were commenced. Hie was brought from his cell in @ chair, apparently very weak from loss of blood; but in full possession of his senses, He called for water, and drank once or twice, when he was conveyed to the scaffold by two men, with bis hands and legs firmly tied. The noose was then adjusted about his neck, during which ho emitted one or two audible groans The warrant for his execution was then read by Sheriff Eveleth, when the bor Hoh Placed over his head, the rope cut, and the drep fell. The fall probably broke his neck, as, after a few strug- gles, and convulsive drawing up of the lower limbs, all was still. About one hundred persons were present in the jail yard, and the windows of the neighboring houses which overlooked the yard were partly filled with men and women, boys and girls, A few persons clambered upon the neighboring sheds to witness’ the sight. but the crowd ey ‘the jail was much smaller thanut any pre- vious ‘execution. We learn that his uncle gives the following account of his birth and former life:—He was born in Baltimore, and is 28 of 5 hen about 15, he came to this city, and went with his uncle on board the Eastern boate, in the capacity of @ servant, Afterwards, being fond ‘of “high company,” asthe uncle expressed it, Goode left_him and went to sea, From that time the uncle bas seen him but occasionally, when in port. His mother is supposed to be living, but. he seemed unwil- ling to talk about her. He states that he was in many battles of the Florida war, and served under General Taylor there. ‘There was a report that Gosde had made a confession of his guilt to Rev. Mr. Taylor, We understand, how- ever, from Mr, Taylor himself, that no confession was made to him; neither was there any plain denial of guilt ; but that Goode seemed to console himself with the belief that the witnesses against him were so dixre- utabie, that the authorities would not dare to hang | Sapa testimony. Until the very last, he thought he should escape hanging. ‘The attempt at suicide was @ most determined affair. According to the statement of the officers in atten- dance, the clergymen left him about nine o'clock, at his expressed wish. He then desired all those who were to watch him to leave him the cell to himeslf, they stopping in the entry, with the door open, He also blew out the candle, but a lantern was so pleced that the light could strike all parts of his body but the fuce. He was unwilling to converse with his watchers, and appeared to sleep. Ata little before twelve, however, the offieer heard a urgling noise, and upon approaching, fourd that he fad bis thumbs and a portion of the blanket crammed down his throat, He was perfectly furious at their approach, and resisted their attempt to examine him with all his strength He was found. however, to have cut both aris in at least a dosen places, with a small piece of glass which he in some Way had become pos- sessed of. Dr Smith was called in, and his wounds dressed; bul several times during the night he attempt- ed to tear off the bandages, which were, hewever, con- atantly replaced. Soon after. he began vomiting up pieces of tobacco and wads of tarred paper, which he bad swallowed. During the intervals of these sick turns, he is said to have slept roundly for three quarters of an hour—a phenomenon often exhibited by criminals on the point of death. When he reached the gallows, ho said— “Lord. receive my soul ;’’ but when the sheriff asked him if he was ready, he made no reply, being appa- rently insensible, But very few colored persons were seen near the place of execution Jn one case, acitizen, opposed to the ex- ecution. closed his place of business and placed a piece of crape at the door, with a placard, saying : “No busi- ness to day—a brother is to be hung.” The body, after hanging nearly halfan hour, was taken down and life found to be extinct. His body was claimed by his friends, to whom it was given up, and wili be buried from Southac street. ‘The lust execution in this city was in 1836, when Rus- selland Crockett were hung. for setting fire to a house occupied by about thirty Irish families. At that time rowd about the jail was tremendous, and placards appeared at the corners ef the streets threatening the Governor with vengeance if he allowed the execution to proceed Execution of Elder Enos G. Dudley, at Haverbi N. M., May 23, 1549, [Corres pondenee of the Boston Herald } Havernits, N. H., May 23, 1849, A large number of people from the surrounding coun- try enme here early this morning. all anxious to witness the exccution of kider Enos G. Dudley. convieted at a recent term of the Court of Common Pleas of Grafton county, N. A. of the murder of his wife. The town throughout the day has been the theatre of intense exciteme The evidence upon which Dudley was convicted was entirely circumstantial; and, in the opinion of many, neonclusive, Strong expectations have been enter- tained, since the period of his conviction, that he would be reprieved by Governor Williams; and that hope was indulged in by the friends of the wretched prisoner up to the last moment. ‘They were. however, doomed to a terrible disappoint ment. The Exeentive. however much his personal pre- dilections might have been disposed towards clemency, believed it bis duty to let the law take its course, al- though the sacrifice of the life of the victim was its termination, ‘As the hour assigned for execution approached, the anxicty manifested by the prisoner's friends was pain- fuily intense, They had clung to ho ven hoping against hope; for the spectacie of the execution of a feliow being among them, was a thing so unusual that it could scarcely be realized. especially when that fellow. being wax one with whom they had enjoyed many yeara of intimacy ‘The fatal hour at length arrived. At half-past one o'clock today, the prisoner was informed that but a few more moments were allowed him to live. He then appeared to resign himself to inexorable fate. and made fmai preparations for his departure from this world ‘Lhe consolations of religion were afforded him, and in a few moments after the above hour, he, with a firm tread, approached the gallows erected in the jail yard, Hie was accompanied by the chaplain and Sheriff Powers and nota waver in his step. or tremor in his frame, was noticed by them. even at that awful hour, the sesifuld, (which waa a high steacture, ull view of the ceremonies to the immense atside.) Dudley desired to address a few se within hearing. Permission was of ree gran fow earnest nd truly affect. remarks d mau asserted his entire iano- of the erime for which he was about to suffer He ewlicd God to witness the truth of what he of his address, the fatal cap was nd the rope attached to his neck, Sherif! Powers then asked bim, “ Are you prepared?” Dudley rephed—" tam ready * At that inetent the rope was severed by the Sheriff, ond dfivr a few epasmodie struggles, the unhappy man, guilty or innocent, was launched iuto eternity! 1 Was #rabiening sleKening exibition; aad those who wituersed it lett the soeue with troubled hearts. drawa over bie eyes, Court of Oyer and Terminer, Before Justice Hurlbut, and Aldermen Wood and Malltins. TRIAL OF WILLIAM THOMPSON FOR THE MURDER OF JAMES ALIAS BERNARD MONAGHAN, May 26.—8xcomp Day.—The case for the prosecu- tion was resumed this morning. Mr. Justice Lornnor was called and sworn for the prosecution.—He merely proved that the prisoner ad- mitted that the knife the examination, was his (Thompson's) knite. | Maatin Ganzy sworn and examined for the prosecu- tion.—This witness proved that the deceased was known and went by the name of James Monahan, ‘The case for the prosecution here closed, Counsel for the defence opened their case and con- | tended that there was no evidence to prove that it was the prisoner who struck the blow that caused Mona- ghan’s death ; but even if there was, they would show that the deceased was the agressor, and that the pri- soner acted in self-defence; they would produce the three men who were in company with the prisoner on the 20th of April; they would also produce witnesses to Brove his good character and peaceable disposition, and would ask from the jury a verdict in his favor. James Quin called, and examined for the defence— Lives in Carlyle street; knows the prisoner two or three years; he sa married man; was with the prisoner on the 20th April last ;_ the prisoner called on witness that day; they went to Brooklyn, and came back again; after they returned they met tvo other men; they went into a store over which Thompson lived; ‘after that Thompson raid he was going to attend to his boss's | horse, and we thought it the nearest way to go with we then started through Anthony strect, and saw the witnsss, Catharine Mack, standing on the stoop, | and man or a boy standing talking to her ; witness, | as he was passing, asked her how sho was; witness said | no more; when the boy, who was with her, cameo up to witness, and raid’ it was none of his (wit- | ness’s) business; struck a blew at witness's face; witness squared off; the prisoner was w little in front, turned back, went between and parted us; we then walked up the street together; the boy still followed us, making use of some language whioh wit- ness thinks was directed towards himself, until we came into Anthony street; he then ran into the house, and, as he did s0, called out some name, which Ido | not remember; he then ran out of the house.and ran to where Thompron was standing, squared off at him; | witness did not see any more of it; witness got up | apiece, crossed the street, looked back, and saw them | 22 both down; witness stopped there, aud saw no more | until he raw the crowd going towards the Tombs; wit- ness had drank some beer thut day; does not recellect any fighting between witness and any other person ‘Thompron parted from witness; when witness saw the crowd go to the Tombs, he followed after, and was pointed out as one of the party; he was then ar- rested and shut up for the night, ‘ Cross examined.—I8 a laborer; does not know whether he ever saw Catharine Mack before that day or not; addressed her through fun; might have said to her “how do you do, my dear??? she was on the bottom of the steps when I spoke toher: it was, suppose, through joke I spoke; I might have passed the same joke on others; I dont recollect that I said I would not go away until | was ready; I dont recollect that deceased raid’ I should go away before I was ready; I dont mind what was raid; the deceased might have followed and struek at me @ second time; I dont remember; | dont remember to see him lay hands on any one else until I suw him and Thompson fall; 1 am pertectly sure I did not sco a knife in any one’s hands all the tiie, James Evarice sworn and examined for the defence. Is a carpenter by trade; knows the prisoner; remem- bers the 20th April last; was at Thompson's house be- tween two and four o'clock that day; the former wit- nese, anda man named Illingsworth came in; wo left the house together; Thompson said he was going to the stable, in Manhattan place, to look after the horse; we all started together; witness and Thompson walke together; Quin and Ilingsworth walked behind them; raw the deceased assault Quin; Thompson went back and parted them; we all then came along together; Witness afterwards saw the deceased run across the street, go into a house, then came out and went into another came out again, and ran across to the other side, and went into another house, and as he went in he halloocd; he came out again as ‘Thompson came up; went up to Thompson, and called him by come opprobious name, and struck at him with his fist; believes he struck bim; witness saw no more; he went to the Tombs to get ‘an officer to keep the peace; witness returned with the officer as far us the corner of Leonard and Franklin streets; met the crowd there coming to the station house; wituess went to the station house, and was detained there all night. Cross-eramined—Knows the prisoner about six months; was In the bablt of taking & glass of beer with him; drank three times with him that day; witness did not seo tho girl at all; heard no words between Quin and the deceased; after Thomp- son went back, witness looked round and saw the muss; and Thompson parting Quin and deceased; might be from five to ten yards from Thompson and deceased; when the latter #truek Thompson there was a crowd; had a fair view of them through the crowd; saw no knife with Thompson; I wont ewear whother Thomp- son had any thing in his hand or not. —— ILuscswourn, eworn and examined for defence. —Remembers Sunday the 20th of April; it was the first day witness ever saw the prisoner; went to prisoner's house that day, in company with Eustice, the former witness ; after they left prizoner's house, all four came through’ Anthony street ; saw Catharine Mack sittin; on steps at a door ; the deceased with her; witness di not epenk to her; Quin suid to her, “how do you do, my dear?” or words to that effect; he used no other language ; the young man that was with her told Quin to go about his business, or move away; Quin said he need not be ing hurry, or something like that ; he thea squared off and offered to strike Quin; witness took hold of his arm, and held him; that Quin said nothing to the girl that was offensive; Thompson and Eustico were ahead of us; Quin and witness moved off, and the young man got before us; ran up the street; went into a house; witness then left Quin and went on; saw no more of the affair; met Eustice at the corner of Centro and Anthony streets; we went to the Tombs; we were all d there that night. Thompson was not then in sight; he was not nearhim when he rau up street; witness drank three glasox of beer that day; had not heard of any stabbing until after they got to the Tombs; saw no blow struck | but the one; witness went away immediately after; saw no knife with Thompson, ‘Wo. Wittiams examined for the defenee, Knows the Gold Digging In Massachusetts—Cruei Dis* We have been rea vine ies db e have h amuse i the particulars of a well concocted and succesefal scheme of a convict, under sentence in the Massa- chusetts State prison, to eflect his escape. The plot was all laid, and proved the au- thor to be a fellow of uncommon sagacity and n from hini;and produced on knowledge of the human heart. The name of the hero of the plot. is Eailioa: Having been convicted on three indictments for burglary, he was sentenced to nine years con- finement, at hard labor, in the State prison. The prospect was repugnant to his nature, for he was above manual labor of all kinds, ani d to live a life of ease and enjoyment. The. certainty ofgsuch a long confinement excited his ingenuity; and accordingly he set himself to devising a way of escape. Atter cogitating awhile, it occurred to him that our Eastern friends had a weak point in their nature, which might be attacked with some prospect of success. He accordingly put on a face adapted to the emergency, and ina faltering but earnest tene, confided to the warden of the pri- son, that he had, a short time previously, buried i the earth, at a certain place named, the sum of fifty thousand dollars; that he was about to be confined for a long time, and that the money might as well be recovered, lest it might be discovered by other parties, and converted to their own use. At this narrative, the warden seemed as- tonished. He pricked ne his ears, and asked a great many questions, all of which were duly and regularly answered by the convict, to the satisfac- tion of the warden. ‘So well did Phillips, for that was the convict’s name, play his part, and so teemingly sincere was he in relating all the parti- culars of the earthing of the money, and the marks by which he could identify the place in a moment. and so elated was the warden at the prospect of recovering such a large sum of money, and, of course, receiving ashare of the plunder for his yains, that he rushed headlong inte the business, end was most scientifically and beautifully en- trapped. Quick as thought, he clenched his hang, came tothe conclusion that the money must be recovered, by all means 4 At an early hour, on one Monday morning, a cab was seen at the residence of the warden, contain- ing that official, one of the city marshals of Boston, the convict Phillipe, and as many shovels, spades, and pickaxes as would suffice ‘to sauipa young army of California gold hunters. The driver was told; ina whisper, to drive to the Old Colony rail- road depot. That place reached, the three _myste- rious individuals purchased tickets, and deposited themselves and their stock of implements in the cars. Soon the bell rang—the engine snorted, and away they went ‘‘pufi, puff, putl,” towards the pieces the hearts of the warden and of the officer eating violently all the while. We are not in- fete of the particulars of the conversation which tock place between the trio on the way, but Phil- ips was observed to whisper frequently to the warden and the officer, and every now and again the latter would clinch their hands, wriggle in their seats, and exchange significant nods, as it ex- tremely delighted with the information imparted to them. Although the train proceeded with the usual speed, the trip was, in the opinion of the warden and officer, very long and tedious. Like everything else in the world, however, it came to an end, and in due time the gold hunters and their prisoner reached Fall River, in the neighborhood of which place the treasure was buried, according to Phillips’ statement. After cautiously glancing around, so that they might not be observed, the trio shouldered their shovels, pickaxes, spades and crowbars, and left the village, Phillips taking the lead. The gait of the warden and the officer was rather unsteady, but what caused the unsteadiness is not exactly known—some say it was the effect of the heavy loads which they were carrying, while others assert they were so much excited that the trembled. Be this asit may, the placer was at leng! reached. ‘There’s the spot,” exclaimed Phillips; “dig under that bank, and you'll get the money.” At it the marshal, went, not with hammer and tongs, but with pick and shovel; and he did not cease working one moment till the perspiration rolled down his body in streams, and he got ex- hausted and unable to drive the pick once more into the gold bed. No time was to be lost, so the warden took a hand in the work. He went at it fresh, and worked as he never worked before, and much harder, we are informed, than any gold digger does on the banks of the Sa- cramento. At length the pick strikes something hard—cruel disappointment! it was but a stone. At it he goes again, but in time the warden gets tired too, Now Phillips takes a hand, but unac- customed to labor, gives up, after telling the wor- thy,marshal, and the equally worthy warden, that their hopes and anticipation’ would’ soon be real- ized, for, by digging just one foot, deeper, their vi~ sion would be entranced with a sight of the pre- cious deposits. With renewed vigor, the marshal recommences work, and strikes harder and hea- vier than ever. By this time a tolerably sized hole had been dug by the gold hunters, capable, as we are informed, of holding over two persons—Phillips and the warden intensely watching the proceed- ings, and minutely alles xa shovel full of clay as it was thrown up. The marshal strikes something—he kneels down to, examine it—the warden on the bank stoops to discover what it is. Phillips says, “{ told you so;” gets behind the marshal, and applies a little force to. the warden’s posterior; the warden tumbles into the hole, head | over heels, on the top of the marshal—the latter is | nearly suflocated—the other is severely bruised.— | In an instant Phillips throws several shovelfuls of the loose earth over the worthy pair, and takes to | his heels, making such time as is only seen on the prisoner three or four years; thought he wasa quict | Union Course on arace day. man; knows nothing of his conduct abroad. Josern H. Asn examined for the defence. Knows the prisoner since last November; he was in witness's em- ploy from that time up to the time of the affray; wit- bess considered him an industrious man. The evidence on both sides here closed, and counsel for the defenee commenced summing up. When the counsel for the defence and prosecution had finished summing up, his Honor charged the jury, He said the prisoner stood indicted for the murder of James Monaghan, At the it appeared to the court that he was poor, and without friends, and, asit was our duty, we assigned two gen- tlemen of the bar to undertake his defence, and you, gentlemen of the jury. ca’ fidelity t remains for you and for the court to discharge the re- maining duty that devolves upon us, He then made some brief remarks on the intrease of crime in this city. particularly homicides, which were of daily currence; that as the law now stood, the punishment ef an individual could not have much influence in ar- resting crime, and they would go on increasing until the Legislature interposed, and enacted such whole- tome laws a8 would remove the incentives to crime and diserder. [We understood him here to refer to the scenes cy vice and profligncy that were daily and night- ly carried on at the Five Points.} His Honor then de- fived the crime of murder, jd also of manslaughter in the third and fourth degree. He then review- ed the testimony as applicable to both those crimes, and left it to the jury to say, under all the circumstances of the case, whether’ the ner (was guilty of murder or manslaughter. Jury retired. and in about twenty mian el into court with a verdict that the priso: of manslaughter in the third degree. then called up for sentence nitions from the court, ears’ imprisonn kept at bard labe was guilty The convict was After a few brief admo- was sentenced to three t in the States Prison, and to be during that peri ' Sixertar Traysaction.—We find the following notice of a v: iar case in the last number of the Indiana dinel:— The marriage of Mr, Henry Apple and Mrs. Sarah Apple was solemnized at the Clerk’s office in this city, (Indianapolis) on the 7th inst., by Judge Smith, one of the assuciate Judges of this county. Mr. and irs, Apple have been living to- gether as husband and wife for some twenty years, and have raired a large family of children, Their re-mar- riage was made necessary by the following mysterious train of circumstances, as we learn by afriond who was present at the examination of the in the Cireuit Court, now in session in this city. Mr. John Apple, many years ago, left this county as a volunteer to the Black Hawk war. During his abs a traveller pass- ime of his being arraigned, | bear witness with what | ed very long, cy have redeemed their trust. Andit now | oe. | ed through the county, who informed Mira. A. that her | husband had been kille —that he, the traveller, had aided in burying him, and had marked withan axe the | ree under which he was interred Apple did not re- turn and no doubt was entertained by his wife or her friends of his decease heard to discredit the traveller's story, and Mrs, A., atter having continued for a proper length of time in a state of supposed widowhood, was formally m to Mr. Henry Apple, a farmer of this county, with whom the has since cohabited. A few months since. it was authentically ascertained that John Apple was yet ac- tually living, A divoree was obtained by Mrs. Apple, and she was re-married on Monday Iast, as above stat- ed, to Henry Apple. the man with whom she has been innocently living. for many years past, a9 her suppowod husband,” We have heard’ no cause assigned for the singular manner in which the first husband acted, Trave Witt Te Provrxces.—There arrived at this port, last week, from foreign ports, 25 brigs and 50 schooners. besides ships and barks, of which 6 brigs and 45 schooners were fromm the British provinces, ‘The number which cleared during the same time for foreign ports. was—87 brigs and 68 schooners, of which 81 brigs and 63 eehooners were fur the provinces. The yulue of the exports to the provinces for the Jast week wae $41,890 02, and for the last foar weeks, $134 977 This brave of our trade is increasing by ze At and furnishes a market for no small amount of our breadstoffs and other articles for domestic consump- tion aud use.-- Boston Journal, May 21, Time passed on—nothing was | The marshal and the wurden were exhausted with fright and excessive labor—they were com- letely “puffed,” and could not run a hundred pletely “puffed,” and ¢ . Ha: yards, even if the identical fifty thousand dollars Which they were va."lv delving for was to be the reward of the feat. After "#covering from their fright, the two gentlemen simulte*e0Usly arrived | at the conclusion that they had been "208t este; | giously duped, regularly taken in and done .°"s they retraced their steps to Boston, wiser, it . happier, men. It was observed on the cars, by the other passengers, that their countenances appear- and that they were extremely taci- turn, seldom exchanging a word. As to Philly hy | we suppose he is still running, for a, sight of int hes not been had, since his agile exit from the gold placer near Fall River. We do not know in what way this celebrated gold-hunting expedition is viewed by our friends | in Boston, but to us itis extremely ludicrous from beginning to end. Phillips got at, the blind side of. the marshal and the warden—he tickled their fan- ey with the prospect of recovering so much money —he knew the point to assail—their judgment be- came clouded, ‘and they were victimized to their hearts’ content. They certainly exhibited a con- siderable amount of verdancy to pattiog any faith inthe convict’s story, but the gold was too mach for them. hey yielded to the tempter, and they fell. We wish the marshal and the warden better success in their next gold-hunting expedition, but, we think they will meet with more success if they try their next experiment in Cahforni Intendcd Visit of Gen. Taylor to Massachu- { set Waasninctox, May 11, 1849. Sin :—I have had the honor toreceive your E:xceliency’s communication of the fifth instant, transmitting the resolves of the Legislature of Massachusetts, invitiny me to visit that Commonwealth during the current year. J beg leave to present my warmest thanks to the Legislature, for the high honor of their invitation, and to euy that | shalt be proud to accept, if my official en- gagements will permit. It will afford me the highest gratification to visit a State +o distingulshed for her de- votion to the cause of liberty, and for the cultivation of the ennobling arts of peac Please accept my acknowledgements for the manner in which you have been pleased to communicate there. solves of ‘the Legislature, and the assurance of high regard with which I remain, : Your Exeeliency’s Friend, and ob't servant, His Excellency, Gro, N. Baraas, Z, TAYLOR. Ratiway Intelligence, Navoatvex Ratnoab.—Am arrangement has been made between the New York and New Haven Railroad Company end Naugatuck Company, by which a train of cars of the former company for New Haven will t the down train of the lacter company at the june- min Milford, and that «train from New Haven will meet the up train at the came place, so that passeny toani from New Haven can proceed without dete - The price ot pastuge from the stations on the Nauga- tuck road to New Haven. will be the same as to Bridge- port. ‘Lhe price of freight will be in. proportion to the distance to the respective places, It is expeeted that the Naugatuck road will be finished and opened to Naugatuck on the 23d instant; to Waterbury by the fret day of June; and to Winsted by the first day of August next The directors in the Charlestown Branch Railroad Will pay a dividend of 11 per cent. om the 2ist inat. Tv Garena Ratixoan.—The travel over this road is on the increase. It will be completed to Cottage Hill within eight or ten days, when the cars will ran to that point. 4 The New York and Erte Railroad is to be opened to Owego by thedth of June and tho oftizens of that town are preparing to celebrate an event of 0 much | importance to them, with enthusiasm.