The New York Herald Newspaper, June 1, 1849, Page 1

=_ NO. 5474. THE NEW YORK HERAL e MORNING EDITION----FRIDAY, JUNE 1, 1849. i Additional from California. maken the Mobile Register. May 23.) We the pleasure of an iaterview, yesterday, with Rieut. E F. Beall, of the United States service, ‘who is on his return as bearer of dee) hes from Cali- fornia to Washington City. Fait oy jecé and energetic young officer is well knowh for the distinguished ser- ‘Vices he rendered in Upper California, in the campaign of Gen. Kearney, and the expeditions of Col, Fremont. ‘Though attached to the Navy, he is one of those ad- ‘Yenturous spirits whose talents and energies the ne- ‘eessities of our frontier difficulties with Mexico, and the explorations of the West, have developed. and who have been of incalculable benefit to our country. Lieut. Beall was sent, early in November last, as a Dearer of dispatches from our government to the Unit- © Btates officers in California and upon the Pacitic. 8 entrusted with communications to Col. Wash- ington at Santa Fe, Col. Mason in California, and Gen. Lane in Oregon, and was required to through the extensive regions beyond the Mississ! ppl to reach his destinations. He left Fort Leavenworth, on the Mis- souri, the 20th of November. with a command of seventeen mounted men. all raw recruits, aud a few adventurers. After a tedious and fatiguing journey, ‘they reached Bent’s Fort, and learned that Col. Fre- mont and his party had passed about ten days before. In crossing the Taos or Ratons mountains they en- eountered all the severities of winter im those diffleult and gigantic passes, covered with the snows of an un- Beually cold and inclement season. Many of their Mules’ perished from the rigors of the weather and Mmareh, and a number of the men were fros?-bitten and dieabled from farther service. Upon arriving at Santa , Which he reached on the 25th of December, Lieut, Beall gave permission to such ef bis men as were un- Willing to proceed to return. and seven did #0. He was wawilling to be accompanied in the dangers and trials before him by any upon whom he could not rely with implicit eontidence. To supply tho deficiency, Col. Mason allowed him to enlist eight additional mounted men, who were desirous of engaying in the expedition, With this force Lieut, Beall etarted from Santa Fe on the 11th January, and was soon destined to encounter the most trying difficulties. The Sierra de los Mem. bri vast range of lofty mountains, were enveloped in snow storms, and the route was most hazardous and oppressive. So intense was the cold, that several mules frozen to death, at night, even under tents, and eovered with blankets. The fortitude of a number of the men failed, and a sergeant and six privates desert- ed. Of these, as well as of the seven who had previ- ourly left, no subsequent information has been received. They no doubt perished under the violence of the Weather, or were assassinated by the Indians who infest those regions, Lieut. Beall now pressed on with indomitable reso- lution, through indescribable difficulties, to the head waters of the river Gila. Passing to the southern side, he followed the train which winds ina zig zag manner al-ng the precipitous sides of the lofty moua- talns that prevail in this region. This section of eountry has been falsely said to furnish opportunities for a good road or roads to California. Krom Lieut, Beall’s description, it is @ continuance of the most rugged and inaccessible mountains, with vast gorges, 8,and declivities, covered perpetually with suow, and presenting barriers to be passed ouly by ineredi- ble exertions. No track fora wagon, or any whcel vehicle. can ever be made along this route. The men gould only press along the ascents by the aid of their ands as well as fect, and even the tenacious mountain mules were often precipitated from the declivities, and, rolling down the extensive slopes, were crushed to pieoes, with every bone broken, and even their saddles go destroyed that they could not be further used. This route crosses the head-waters of the Gila fre- ently, so as to avoid the barriers which eonstantly fat ‘upon and overhang th ‘am. That river, in this Portion of its extent. is not susceptible of even cance Ravigation, Its current is of arrowy swiftness, shoot- ing over rocky and irregular falls. with short serpen- tine windings, throwgh narrow and dangerous cannones, that produce whirlpools and cascades, which would engulf any water-craft entrusted to its control. After descending the Gila to its confluence with the Colorado, and the iatter stream to within fifty miles of the Gulf of California, Lieut. Beall and his little party struck out northward. across the intervening desert, for San Francieco, This desert is very extensive, aud more barren than that of Sahara. The weather here was intensely hot, and greatly afflicted the men, who had been eufiering amid the frosty rigors of the moun- tains, but now found themselves in sn arid, sandy re- ion, deprived of water, exceot such as they bore with em. A travel of one hundred and twenty miles brought them, however, on the lst of April. in sight of the welcome dwellings of San Francisco, aud in the vi- einity of those gold regions that surpass in prolific wealth the Hesperian Gardens of antiquity. Gen. Persifier f, Smith, the Governor, greeted the new comers with a hearty welcome; received tho des- patehes intended for himself, and forwarded the eom- munications tor Gen Lane, in Oregon, by a speedy @onveyance. Lieut. Beall remained but a few days at San Franeis- S eo, but took time to look around him at the condition of the country. The rage for gold. like the rod of A: ron, had swallowed up all other passions. The inh: tants would not even take time to ereet for themselv: the necessary edifices, but were residing in tents shantees hastily erected. The extent of the gold ion cannot be defined. It has already been found to cover a territory more than a hundred and fifty miles in length, and from fifty to sixty in breadth. The precious metal is discovered in a perfectly pure state in the beds of the streams, and in the hills ‘and plains adjacent. It is found in small particles or flakes in the water, mingled with sand, which has only to be washed away to leave a residue of fine gold ; and im the “dry diggings” it exists in solid lumps, some Weighing eight or ten pounds, which are dug up with pickaxes and spades. The laborers generally prefer working in the streams, as the other method is the most laborious, Every laborer can certainly secure, each day, at least twenty dollars’ worth of the metal, while those who are fortunate frequently make from ‘one to two hundred dollars. Lieut, Beall showed us specimens of gold he had pro- ured in the country, of buth varieties, in particles and. the lump. One specimen was well calculated to make the eyes stare and “the lips water.” It was a solid lump, weighing eight pounds, and worth $2,000, of the pure. rory gold! It is impossible to compute the number of persons now in California, No census could be taken, for they are scattered every where through its extensive forests, prosecuting the quest for the root of all evil. Stil] the ‘utmost good order prevails in the country; the: no regular laws, but the large infusion of intelligent and upright inbabitants preserves peace and quiet, by a species of modified Lynch jurisdiction, which neces- sity has created. They do not complain, as has been said, of a want of government, for they have not time, he More engrossing avocation, to think of such thing. Lieat Beall informs us that the rumor of a mutiny on the Ohio, is without foundation, as everything was in Gunont Fer toas state of subordination on that vessel, the night before he left. Governor Smith having en- trusted him with despatches for our government, he took passage from San Francisco. on the 13th of April, on board the steamer Oregon for Panama. The steamer touching at San Blas, and remaining three days for fuel, he received information from a party of Mexicans who bad been trading among the Indians, of the safe arriyal in the country of Col. Fremont and party,.— ‘That gallant officer had proceeded across the desert for San Francisco. ‘After a trip ofabout twenty days, the Oregon arrived at Panama, Here Lieut, Ball met Mrs. Fremont, with Mr. Jacobs, her brother-in-law, and communicated the news concerning her huebend, She had previously re- ceived accounts from the United States, of his dim- oulties aud of his fortunate escape. About two thou- sand persons are waiting at Panama for transportation to San Francisco. About three hundred of these, in- clnding Mrs, Fremont, would take passage in the Ore- ; would go im the California and The California was to Mrs. Persifer Smith. and a number of other ladies re- turning to the United States, With this party Col, Mason would also return Being desirous of reaching Chagres in time for the Faleon, Lieut Beall proceeded at once, by night; but though he reached that port in seventeen hours, he bce | that the steamer had sailed the evening before. Leaving the mails for the return ef that steamer, he took passage on the Ist instant, on the bark Florida, for New Orleans, where he arrived on Monday morn- ing. and immediately came on to this city. His journey has thus been remarkably brief; but he obtained axsage onthe Falcon, he would have made the trip to Rew york from San Francisco, in the remarkably short time of twenty-seven days, Lieut Beall proceeded | gosterday to Washington, by _ the mail boat from this Aty. [From the New Orleans Pica: ba By the British steamer which arrived in Mobile Bay on Monday, ‘on her return passage from Vera Cras, wo eived El Arco Iris, of that port, to the §léth inst., the Tampico Noticioso to the 12th inst. ‘An article from El Monitor Republicano, copied into if the 16th inst , states that, according to the Jalifornia, ao Vs ty Mende in San Francisco, the municipal authorities of the prinetpal towns in that territory had presented to Governor Smith and Com- modore Jones @ memorial on the state of affairs under their provisional government, invoking the support and approval of those officers respectively, in reference to Pe measures adopted by them for the proservation of order, both in a politieal and commercial point of view. Meanwhile, the Legislative Assembly of the district of Sax Francisco had prepared. for the consi- deration of the Governor and Commodore, a statement of the means they have adopted for the protection of life liberty, and property, among their follow citizens, It was also resolved that on@the Ist of August next, delegates were to mect at Monterey. to form a constitu. tion tor California, preparatory to her admission into the confederacy sovereign State The lia California contains an advertisement an- nouneing that a weekly paper was about to bo estaby Tirhed in the city of Sacramento, to be catled the “Placer Times.” Thia periodival will furnish exact ace counts, and as frequently as possible, of alt that is in ter n relation to the placers. The above-named city of Sacramento is increasing prodigtously ; the houses new!y constructed are numerous and elegant In San Francisco a post-office has been establishod, ‘and it was expected that, before long. bracetes would be required at ail other points of that free. rich and afraittal country, by the authorities, who had aireaty felt the want of them El Monitor stater that by the were in the port of San lranoi-oo at the latest dates about vighty vessels, of every aprotes of rig and tbe number was increasing almost daily by fresh arrivals By the last steamer that arrived at San Blas, some more numbers of the Mia Culiforma bad come to ha ad apers at haad, there now resume our labors.’’ In the Alte Coliirate of the 29th of Mareh, ssysthe Repiblicane, we find the following: “This city (San Francisco) was in a state of agitation during the whole of last week. in consequence of reports current that the troops harley to coerce the people. and that General Smith had disapproved the measures adopted by the legislative assembly of the district. The latter body had removed the aleaides and the ayunta- miento, and appointed justices of the pease and police magistrates in their stead. This had caused alterca- tions between those who went out of office and those by whom they were succeeded.” The complicated state in which all the branches of public government are now placed, is attributed by the Alta California to the ill-advised measures of Col, Ma- son, the late Governor of California. ‘That paper says: Within the last few days we have seen a lump of gold which was found in the river Sta- nislaus. It was brought from Stockton by Mr. Weber. and appears to be pure gold, weighing 78 ounces, which at $16 an ounce, amounts to 3148, ‘A fine day's work for one, man, the Rio San Joaquin, and lies southeast of Sam Fran- cisco, not far from that city.— Ed. Pic ) El Monitor states that private letters dated San Francisco, the lith April, have reached the city of Mexico, announcing that large parties (caravans) were daily leaving en route for the placer. An individual who arrived at San Francisco on the 13th March from San Blas. in the brig Volante, writes, among other things, the following:— Serious fears are entertained of the loss of the schooner Lola, which left San Blas on the 4th of Fe- bruary, twenty-four days before the Volante. The Jakin, which arrived the 8th of March, reports having seen eighteen dead bodies and a quantity of ropes floating about on the sea. We also’saw fragments of a vessel, and a man-of-war which arrived here within the lust two days, makes a similar report. If the Lola has not called at Monterey or San Diego, it is to be feared she ix lost. ‘This city (Francisco) is very small; it contains about eighty houses, of wood, all of which are without central court-yards. and are excessively inconvenient, A lot of ground five or six yards aquare is worth $3 000, $4,000 aud sometimes $6 000. Plank is so dear that it sold at $1 a square foot. House rent is extremely high Senors Uribes pay $250 a month for a hut, with a front of of six yards and four in depth. Some gamblers here pay $3,000 for two similar small apartmenta. people who are here in San Francisco, and its vicinity. are about all natives of the United States, and never were seen individuals of such singular (originals) caprices as they are. In the custom house they charge you @ real (12% cents) for every line of written document—bills of lading. &e.—which you present there, They demand four reals (half-a- Uollar) for a single scrap of stamped paper; and for each signature of the collector, (administrador.) you are called on to lay down a dollar, and sometimes $10, $15 and $20 There is in the same office a single eustom house officer. (tenedor de arancel.) the only place where taxes are levied, and he gets $100 a day at the least. In the shops it is the same thing, for the same article you have to give two reats (quarter dol- lar) to one person and a dollar to another. On the shore @ multitude of articles lie about. the cargoes of Vessels just arrived; no one touches them, no attempt is made to steal 1 have also seen lying in the streuts of San Francisco many shirts quite new, with no other defect than being soiled from having been worn ‘The Fearon is that the owners can bey @ dosen of linen shirts for $534, whilst the charge for washing a single one is four reais (half-a-dollar). From this he means that money is so plentiful that men prefer throwing away the soiled linen and buying } new. to waiting for the labor of the washerwoman and submitting to her exorbitant charges. The conducta which was to leave Guanajuato for Tampico has been stopped, for want of troops to form an escort for the treasure. ‘A quantity of goods arrived at San Luis Potosi from Monterey, when they were ordered to be detained in quarantine in the custom house, by Sr. Reyes, under the pretext of their coming from a city infected. with the cholera, A seizure was made at the office of the El Globo, in city of Mexico, on the 9th inst., for articles in that print. which attacked Gen. Arista, in his capacity of Minister of War, El Jirco says that the republic seems to have changed into a country of Bedouin Arabs, from tho universali- ty of robberies on the different roads and highways, - THE TRIP OF THE OREGON. We juite right, yesterday, says the Commercial, in suggesting that the atory of the arresting and put- ting in irons the whole crew of the Oregon, published in the Tribune an@ some other papers, left a large mar- gin for more accurate narration aud explanation. The real state of the case is presented in the following ex- jel from @ letter from Captain Pearson, of the regon :— AtllA. M. (April 1st) ran into the Bay of San Fran- cisco, and seeing our squadron anchored at Sansolite, 1 ran in there,and had communication with Com. Jones, who advised me to come to anchor there, ing that if] went to town I should lose all my men; and as I knew there were a great many of my passengers who were disposed to assist the crew to run away, and had agreed to hire them wt high wages if they could get clear of the ship, | came to the conclusion to anchor there, under the guns of the Ohio, and send my passengers to town. I chartered a bark that evening for $500, and in one hour's time had her alongside, and began to hoist out the baggage, when my crew refused to do duty. I Tromediatet stated the case to the Commodore, and he took @ file of marines, and sent them out of the ship. ‘The rest of them we thought we could manage our- selves. The Commodore then sent me a boat’s crew, to assist in hoisting out the baggage. With one delay and another, night came on, the bark hauled off from along- side. and nothing had been done. At midnight Capt. Forbes came down from town, in his boat, bringing a letter from Mr. Robinson (the agent), requesting me to bring the ship to town, which | did as soon as pos- tible, withdrawing the charter of the bark, which the owner of her was glad to do. I soon found that to get along at all] must increase the pay of my men to something near the California's wager, and seeing others paying from $150 to $200 per month for sailors, I increased my sailors’ and stokers’ pay to.$100 per month, firemen $112, and the boys, cooks and stewards in proportion. The men confine on board the Ohio were offered an increase of pay equal to the others if they would go to their duty, but they all refused to a man On my arrival at San Francirco, I found the Califor- nia detained there, and believing I had coal enough to take me back to San Blas, it was determined that [ should sail as soon as possible, April 12, | was ready for sea, and hired three men for the run to Pauama, paying them $75 each; made firemen of two of my sailors, and with three firemea and four stokers got un- der way at4?,M. Ran down to Sansolito, took on board my men from the Ohio. in trons. and with the assistance of a boat from the Ohio, took in 1.800 gallons of water, &¢., and at 12 M. got under way for Monterey. Newnvnc, Wednesday Night, May 29, 1849. The Empire Steamer—Body Founde=Inquest ot Newburg— Inquest at Fishkill—Robbery and Arsone ‘Tho telegraph was out of order this evening, other. wise I would have sent youa summary of the news for | to-morrow’s morning paper. ‘This morning, the wreckers suceceded in getting two more chains under tho Empire ; and this evening they have swung her stern to the shore, where it will be in shallow water, and greater progress can be made in buoying it up. The coal is being removed from her, and this will materially assist to lighten her, No bodies have deen found to-day Just as | anticipated in my letter last night, the body found vell’s shipyard, and supposed at first to be from the wreck of the steamer, is proved to bo that of John MeBride, of this village, ‘This morning an inquest was heid upon it by Stephen C. Parmenter, Esq., Coroner for Orange eounty, when the identification’ was es- tablished by five or xix witnesses, including the unfor- tunate wife. He had been missing since the 24th of h. and when last seen was intoxicated. It is sup- 4 he fell into the,river at the docks. Verdict— identally drowned.’ He has left a large family behind him. ‘Two young darkies were arrested here to-day, by & constable who pursued them from Fishkill this morning. | ‘They are charged with burning mill. near Fishkill village, the night before last; with stealing two horses from that place; and, last night, with setting fire to another mill, at some distance from the first one. They only succeeded in burning the desk of the mill last night, after taking all the pence it contained, ands watch that they found hanging up. This watch was found on them, to-day, by the constable, who has taken them across the ferry, pinioned. to the local magistrate, When they were closely pursued, they let the horses ‘0. One of them has been in the State prison before, hhe name of the other is Princes. The elder youth ie not» more than eighteen years of age; the younger, about fifteen. There was considerable excitement among this extremely moral population. and some of the penple seemed strongly disposed to execute upon the delinquents the summary vergeance of Lynch la Mr, Burden arrived here last night, in obedience to subpena, and considerable interest wae excited about his examination at the Fishkill inquest, to-day. ta con- aequence of the strong letter that appeared him, in the Herald. Tur Overrtow at New Orteans.—We have accounts of the crevasses at New Orleans, by the mail, to the 23d ultimo, but we omit them_as the telegraphic advices are so much later. The Pr cayune, however, gives the following :— ‘he overflow has brought large numbers of snakes and other reptiles from the swamp up into the streets, Canger snakes, the most venemous known in this country. have been seen in the water, in several plaggs, within the last few days; and we learned from good autherity, last evening, that a little girl, while wading in the water, in fuubourg Trémé, on Saturday last. was bitten by something which she did not see, and died in afew hours afterwards. Persona should not unnecos- sarily expose themeelves in the water. A prize fight took place yesterday, The parties were Michel McGee ; the match being for $500 a side. ed that Meee defeated his adversary easily in eleven rounds, Every one to their taste; but wethink men might cinploy their muscles to more ad- vantage to them-elves and the eommunity, than in bruising and mutilating eaeh other.—N. 0.’ Crescent, May 23. (The River Stanislaus is a tributary of estes, opposite Mar- | ‘The Trial of John K. Hardenbrook, Charged with the Murder ef Thomas Nott. Rocnxsten, May 2”, 1849— 834 A. M. THE FOURTH DAY. This morning I transmitted to the Herelé all the 4 ceedings and progress of this trial up to 7 o’clock last evening. The court was in session again at half. pasc eight this torenoon, and proceeded at once with the testimony of the chemists and physicians who had Deen summoned to appear and testify on the part of the people, The first one called was Professor Reed from New York city, and the next was Dr. Webster, of this city, who i excellent physician and surgeon o some twenty-five years’ practice. With these two witnerees the court was occupied the whole of the day. up to the adjournment. and there has nothing yet been elicited to show any facts thut the prisoner is guilty of the eh: ich he is arraigned. The follo the evidence of to-day. The first witness cal ras the chemist from New York : Dr Lawaence Revo, sworn—Reside in the city of New York; is a chemist; been engaged in business connected with chemistry twenty-two years; i quainted with @ substance known as strychni Obtained from nux vomica; the strychnia is an active principle in the nux vomica; it is very active poi have seen animals killed by it immediately; I believe ‘ain will produce death administered to a human system; it affects the system by producing spasms. ultimately resulting in death; after it is taken, it is absorbed in the system by acting on some vital part. we do not exactly know which; it produces its results; supposing barely enough was given to produce death, the substance could not be detected by a chemical ex- amination a few days after, on account of its being ab- sorbed and altogether changed in its properties; being & compound body it is resolved into new combinations, and hence loses its identity; after this article is ad- ministered, where only enough is administered to pro- duce death, as soon as it produees its effects its iden- tity would be lost; if more than enough to produce death was administered, the cbance of identifying it in the system would depend altogether on the quan- tity; there must be half a grain more than enough to produce death, in order to enable a chemist to tind it in the stomach after death; the only test that | could rely upon would be in obtsining a crystallized sub- stance which would neutralize an acid and form com- binations with acids and could be separated from this combination like other alkalies; strychnia is the most bitter substance ever discovered; one part of the aub- stance in @ hundred thousand times the quantity of water could be detected by its bitter taste; there is much more difficulty in discovering vegetable poison than metallic in the system. ax the vegetable will de- compose and the metallic remain. Cross-éxamined.—In cases of this nature, [ suppose strychnia would remain undecompor until the de- composition of the system commenced; ¢xaminatious of bodies poisoned by vegetable: been unable to detect it; the poison had not been given over a day before; | would not rely upon appearances in the system, to say whether poison bad cai death, unless | found the crystallized substance: chemists would do so; | am acquainted with works of Professor Orfila, of ‘ie, professor of tochecology; his authority is good; also Kaxpail's Organic Chemistry. a standard work; eminent chemists differ as to whether vegetable poisons could be detected. in the system after death; | would not rely upon anything «xcept an actual appearance in the system; oxygen, hydrogen, carbon and nitrogen enter into the composition of strychnine; each of these substunces can combine with new sub- stances and with themselvés; every human body con- tains all these four elements, and they exist in every part of the human body; strychnine acts almost in- stantaneously, when given in quantities sufficient to produce death; when in quantities sufficient to pro- duce convulsions, | can’t say how soon it will act; all the alkaloids are very bitter. such as morphine. quinine, &c ; and most of the alkaloids have a bitter taste; itis asserted that quinine, applied on the surface of the body. will produce a bitter taste in the mouth; | have never seen it; | don’t think post-mortem examination would detect strychnia; [ have been educated a physi- clan, but devote my attention almost wholly to chemis- try, and avoid giving medical opinions unless forced to do 60; aconite is also an active poison; all the articles I have epoken of are used in the practice of medicine Direct resumed.—( could distinguish strychnia from other substances by the degree of bitterness; strychnia is the most intense bitter of all; half a grain of mor- phine in three table-spoonsful would be detected as bit- ter; there isa ditference in tastes; the same quantity of strychnia in the same quantity of water. would be extremely bitter; in searching for strychnia after death, administered by the mouth, | shouid look for it in the stomach; if by an injection, in the rectum and intestines; if the stomach had been opened. cleared out with a sponge, except the quantity was very large, it would be impossible to detect strychuia; if administer- ed by an injection, and the rectum was cut off aud cleansed. it would render it impossible to be detected; strychnis administered by injection woutd act as x poi- son as muchus if administered by the mouth, Crose-ezamination resumed.—Quinine would be very administered in water; bitterness is a matter of taste; different people have different susceptibdilities of taste; some persons would be as greatly aifected as to taste by morphine, as others would by strychnia; strychnia is not as soluble in water as salts of m hine. [The grand jury here came into court with a large number of indictments, and having disposed of all the business before them, e discharged J Professor James Weasten, sigorn —Kesides in Ro- chester; is a practitioner of mfqicine and surgery; have been one twenty-five yeard, have been engage in delivering lectures on anate nd surgery; never saw Mr. Nott to know him; first hrard of his death early in February; was called upoy shortly after death of Mr. N. to ge to Scottaville ond make & post mortem examination of his body; think it was on Thursday, the 9th, or about the 9th ef the month, Dr. Armstrong and Dr. Miller. chemists, went with ine; first saw the body in the office of Dr. McNaughton, at Scottsville; saw the coffin opened; we remaved the covering from the body; it was a shroud thrown over it; we then discovered the body had been opened in the abdomen. the incisions brought together by sticks, on drawing which the cavity was exposed; the ineision was in the phape of across, about six or seven inches each way. the shortest in the transverse incirion; the ¥ incirion extended three or four inches above the nav the upper part of the incision was as high as the | a part of the stomach; the transverse incision was made about the middie of the vertical incision; this incision ‘would not expose the stomach to view without turning down the flaps; the parts in the cavity of the abdomen presented u healthy appearance and natural position; the anterior portion of the stomach had an incision in it about five inches in length. extending obliquely; this incision was slightly turned at the lower extre- mity; think the incision could be made by a single cub of the knife. [At this stage of the proceedings and testimony, Mr. Wheaton asked the witness if he had the stomaeh in court. He said not, but could oon get it. aad immediately went after it.and returned in afew minutes, and exbibited it with @ dereription to the jury and eourt. The stomach showed the incision made by Dr. H } The incision is sutitciently large to have the haud in- serted with ease; the cut is smooth; it does not present the same appearance now that it did when taken from the body; there might have been airin the stomac's when opened. and the natural consequenes would be the sliding of the knife making the curve; the line of the incision in the stomach does not correspond with the line of the incision in the abdomen, if the stomach | sbould be filled with air, it woutd throw the stomach lower than natural. but the same incision made into the abdomen did not make the incision into the sto- mach; after the incision in the abdomen, thrown up. the stomach would not have unless forcibly drawn down; the place where the knife | entered the stomach would have been exposed on turn- | ing under the flaps. 1 separated the sides of Uae iaci- sion in the stomach, and found the insides empty and clean; found nothing in it; have o; very Inany hundreds of stomachs afier deuth; saw one in the condition of this one before; the idea presented to My mind at onee was. that the stomach had been cleaned or spunged out; { have not changed my opi- nion since; I never saw a condition until after it bad been cleaned; saw any re- semblance to this in stomachs which had not been cleaved; there was no mucus on the conts of the mach; and I never saw. a stomach that had not been cleaned where this mucus did not exist; this macas is a thick tenacious fluid, on the inner watls of the sto- mach, adherent toa greater or less extent; | think this | mucus could not be cleansed from the stomach #hile | living; | think drinking water and nothing else before death would have a tendency to clean the stomach, but | should expect te fad mueus; | shonid not. ander vhese circumstances, expect to tind food; | have had | opportunities of witnessing the operation of digestion in the stomach during life; in the case of a gunshot wound in the anterior portion of the stomach, wound. ingit, and the patient recover; the patient was Alexis + San Martin. Dr Beaumont brought the patient to me | in the city of Philadelphia; he remained with me se- yeral days, and | had an opportunity of witnessing the operation of the digesti Pa never saw @ Klomach wit! ilageous articles have that peculiar it; all m acity whieh characterizes the mucur of the stomach; | think, with an injection of water iuto the stomach, distending it, this mucus could be removed; | mean by ficient force, tnking an ordinary syriuge and forcing in the water, and letting it run out; | don't know as ‘@| thix would take it all out; | stated at the time, and it in still my opinion, that this stomach had the sp; ance of having been cleansed by # sponge, aud it 18 my opinion that it was +o cleansed; we exumined also other parts of the body at this time, and alsomadea sub sequent examination, at this primary examination, we turned aside the email intestines, and found that the lower gut, or the rectum. bad been cut across and tied with a «tring; @ portion of the gut below hud contracted in the cavity; there wae ® length of rectum remaining about four inches, laying loose; it was the upper part of the rectum, We had a supertcial examination of the lower part of the rectum to dircover piles, and found nothing like piles or the remains of piles; did not find out how much of the lower part of the rectum re- mained; found the rectum in a healthy state—no dis eare. Tam now confining myself to the first examina tion; we examined the cavity of the chest, and found the heart and lungs healthy; we examined the cavity of the cranium, and found the brain healthy to the ex- tent of our examination—-only a part of the beain being examined, down to the ventricles; we examined next the spinal marrow, that portion which corresponds with the bnek, and found it healthy. At the time we made thi« « ticulars of the disense ; the prinetpal ob- jeet of our visit. by the request of the eoroner, wns to contents of the stomach; we found some fluid in the cavity of the abdomen, outside of the stomach; | sponged it up, and it was passed into @ vemel for the chemist, Dr Miller; the fluid bad the appearance of dirty water; it laid on a space between the stomach a: id i a reeum' i ure; bipeb pple traces ef in- flammation which Bosleined ine to su poeee 1 wes enece naturally; | ht it got there artificially from the spenge used in cleaning; raising the recumbent pos- ture Sr the body, the Auld would have escaped; my inion ie that the subject had been examined while in is recumbent position, and the fluid drepping where it did, it ed there; | heard the testimony of Mr. Parsons and Mr. Thorn. on the examination before the ce magistrate; and found nothing in the appear- ‘ance of the body to cause the symptoms they desoribe; 1 made the seopnd examination of the body on the 9th March; Drs. Armstrong and H. W. Dean accom! me to Scottsville by request ofthe coroner. At the frat examination Drs. Edson and Macnaughton were present. At the seeond examination the body was in as perfect | state as at the former examination; the face was co- vered with a whitish mould; we examined the viscera of the cavity of the belly; the skull had been opened; the venous brain we found firm and of a natural an healthy consistence; the membrane healthy; the base of the brain and membrane in that region healthy; the spinal marrow extending from the brain down the neck and back, healthy; we examined also the cavity of the abdomen; we examined the kidneys, they were healthy; the bladder contracted and flattened. containing a very +mall quantity of fluid; discovered no disease of the bladder; thera might have been a peculiarity in its contracted state We then proceeded to the examina- tion of the remaining portion of the rectum; for this purpose we took out all the remaining portion of it; ut previous to this we examined the verge of the anus externally, and discovered a fistula at the exterior por- tion of it; we then removed the whole of the rectum, including the anus; we then took measurement of the length traversed by the rectum. and the length of the remaining portion of it; the length of the track traversed by the rectum, giving it great latitude, is eignt inches to the verge of the anus; the portion which remained in the body is 4% inches in length; it is the lower portion ofit. On the first examination we removed the upper | part of the rectum; | have not measured this portion of it; I gave it as my opinion betore, that it was four inches long; this accounts for the whole; the length of the track of the rectum, and the por- tion which was left, were measured with great care; 1 cannot discover that any portion of it has been cut, still I cannot say that none was cut out, it must have been # very small piece if any; we dixcovered a fistula at the verge of the anus, otherwise the portions of the rectum which I saw, were healthy; this tistula was con- nected with the rectum; the sack of the flatala extend- «dhalf an inch up. and about halfan inch across,— (Dr. W. here presented the rectum, and described the fistula;) the fistula was at the ‘extreme end of the rectum, and having an opening into the rectum. {would not consider this disease, fistula in ano, as ve- rious, unless connected with some other constitutional disease; in operations for the cure of it, the lungs may be attacked with disease; don’t know of any other danger likely toresult from sucha fistula, excepting also the prostration which will necessarily result from 8 constant drain upon the system. from an abscess; this prostration produced by the discharge, might produce unpleasant symptoms, #o that it requires great care to discriminate, and proper care for the performance of operations. I have seen a great many cases of this form of disease. and know of a number in the city now, and | never saw such symptoms resulting from cases of this nature, as those described in the case of Nott; I cannot trace any connection between this fistulous dis ease. and that of which this man died; although if au- thors on irritation are to be relied on, | cannot see why irritations of this kind may not produce this disease as well as worms, and other causes of intestinal irritation. T have never heard, read, or saw any case where a fis- tula had produced tetanic spasms; there has beex a good deal written upon the subject of tetanic spasms, ‘and a good dea} more than [ have read; | have read a good deal upon the subject; we see a good many cases of fistula in ano. and have a good many cases myself; fietulain this part of the body is attended with much more serious consequences than an abscess in other parts of the body; | allude of course to external ab- rceases; the prostration resulting from fistulain ano is not more serious than from other x paste of the body; it is my opinion that an abscess on the flager would be more likely to produce tetanic spasms, than the same disease in ang; one reason for this is the greater rami- fication of the nerves inthe finger; my opinions are given from my knowledge of anatomy. and not from results of actual experience, | alsoexamined the lum- bar portion of the spinal cord, which was omitted in the former examination, and found it healthy. At the time | made this second examination, I was aware of the symptoms of which the deceased died, aad examined the whole body for the purpose of finding @ cause for there symptoms and find none; | found no disease ex- cepting the fistula in the anus; in other respeots he had the appreran of ahealthy man Since making this examination | have examined at Geneva College the k traversed by the rectum in the smallest and Higece pelvie’ both maloand female; 1 faund in the lest pelvisit was6 inches and largest 734 inches; in removing the rectum entire from aman 5 feety inches in height, it measured 9 inches; I account for this difference by the peculiar cellular connection and folds of the rectum so as give it a sucular appearance. - AFTERNOON SESSION. é ‘Two o'cres, P. M. Pror. Wenstsr, continuad—I never knew of a post- mertem examination being made by a physician alone, without calling assistance; in the lower part of the rac- tum. [ found some faces; there was nothing analysed at the second examination of Nott’s body; 1 should think Nott’s disease was tetanus. [At this point of his evidence, the witness was requested by the court to spell the word “tetanus”? to the jury. which he did, and thest proceeded ] Tetanus can be urtiticially produced by administering strychnine; from a quarter to half a grain of it will produce symptoms ot tetanus, and in some cases s less quantity will; from one to one and a haif grains will produce it which I judge from analogy; 1 e even its effects upon a human subject; | saw its effects once, when it produced @ considerable detrac- tion of the extremities of the muscles of the jaw; it was a case of a lady in Genesee, who [ saw in the family of Governor ¥ oung, who had been in the habit of taking it, which produced rigidity of the jaw, and operated in jerkings, and twichings, and spasms; this disease is ‘more easily distinguished than any ‘other disease; I conecde a physician would not confound this disease with epilepsy ; to distinguish the two is the spasms, and total want of such in epilepsy. and clearness of i tellect, of tetanus; the causes of this disease are v: rious; itis frequent in large collections of men in armie: itis more frequent in warm and extreme cold and warm climates; the symptoms would appear very soon after a quantity of stryehnine had been administere: the appearance of strychnineis that of a white powder Trhould think the recovery of patient was probable, where he bad spasms, and they were to leave him, and he feeling better for six or eight hours; spasms are con- tinuous and liable to occur at short intervals; from the length of the intervals of Mr. Nott’s attucks. is the only reason | can give for its not being naturally brought on; I bave seen but two cases, and no intervals were longer than a very few minutes; tetanus is very uncommon in this climate; | don’t. know of any other drug that will produce this disease; should | bave such a case as de- reribed of Mr. Nott’s, 1 would mot expect the spasms periodically; I never heard of any cases of tetanus in this county, till | heard of them in this court house; hi practised in this county eleven years; it is usual phyrician to call in counsel, when they are in doubt of a disease; | mean it is so with the regular physic sliove that Dr. Hardeabrook belongs to the regular physi ; before I went to open the body of Mr. Nott, | had heard of its having been opened be- for Cross-ezamined.—I examined the body thoroughly the first time; the quantity of dirty water or fluid that | found in the body was from two to three ounces; it is always usual to use sponge and water upon a post mortem examination; there were two small spots on the inside of the body; the intestines looked healthy externally; often in making poet mortem examinations, no traces of disease can be found; the body of Nott firet raw in Doctor Macnaughtou’s office, at Scottsville; when @ body ia interred in dry and sandy ground, it will remain undecomposed for many months; # large quantity of the alkaloids and medicines used are white powders; where a full dose of strychnine is given, | should think it would produee its apeeific effect in from. five to ten minutes; have heard of a case of tetanus produced by a bite of a rparrow on the tinger, and alse by a stroke of a whip-lash; exposure by colds ja m frequent cause also, and subject to worms is another cause for tetanus; the feces that was in the body of Nott was not hard; exposure to colds and irritation of the intestinal canal are themost frequent cnures of tetanus; it is very dangerous to make @ ba+ty cure of fistula, ‘The iocisions that I found ia internal part of the body appeared properly done moriem examination; | uever Kaew or heard ‘mortem examination being made alone by any jan. resumed. — with nome conside after the fistula is formed It is not a painfal ; the etate | found the fistula which | have exhibited, [ should think it was not a painfal disease; in the situ- ation | found it, there would be an uneasy sensation and dircharge from the body. ‘The textimony of Professor Webster having he finicbed, and it being after 4 #'clock Saturday after- noon. H. H. Smith, Esq.. made a motion to the Court for an adjournment, saying the Court, counsel, re- porters and the jury must evidently need a little re- creation, The tmotion was granted, and they ad- journed till half-past eight on Monday morning. "he formation of an abseers is atten ble Supreme Court—Generat Term. Present, Justices Jones, Edmonds, aad Edwards, May S1.--Felix Quin vs. bel Wheaton, Jr.—No. 91, taken up yesterday, is still under argument. Common Pleas, IN CHAMBERS. May 81.—Mlleged Fugitive from Justice.—The case of Margaret Bradley, arrested for stealing a wateh in New Jervey, came up to-day; upon ahearing. his honor decid- ed that as the Court of Oyerand Terminer was in ses- sion, he had no jurisdiction, and ordered the prisoner to be remanded. ited States Marshal's Office. Ui Deserts J . Wheaton and Edward Phelan, two deserters from the U. 8. Ni ere brought up this morning from the ship Lye It seems that they deserted in March last from the U, 8. sloop-of- war Albany, at Cuba. A reward was offered by the commander for their apprehension, They were subse- quently arrested, and given in charge to U. 8. Con- sul at Bt, Jago de Cuba, who sent them home on board the Lysander, to be dealt with according to law Upon patie ny age matter, the civil authorities here found they no jurisdiction, and they transferred them to the officer in command at the Navy Yard, Brooklyn. Court of Oyer and Terminer. Rehees, Justioc Sarit ane Aldermen Wood and TRIAL OF THOMAS A. WALKER FOR THE MURDER OF MARTHA BE. WALKER. Fouutn Day. a 81.—The Court opened this morning at ten o’elock, Ina Frovp was called to the stand.—A of the house, No. 46 Lexington avenue, was ified by the witness and proved to be correet. Manoaret Conner was the next witness ealled — ‘Witness lives at the eorner of First avenue and St. Mark’s Place, with Mra, Wella; witness lived before in | exington avenue, No. 46, with Mrs, Wella; lived be- tween tive and six months with her; was living there last February, at the time of Mrs, Walker's death; Mrs. ‘Wells left Lexington avenue three or four days after Walker's death; knew Mrs. Walker; known yr six months before her death. from the time witness went to the house; knows Mr, Walker; he was in the habit of eoming to the house In Lexington avenue; first time witness saw him there was after Christmas; he used to come at night and in the day; witness let him in when he first camo; ho then asked for Mrs, Walker; he rang the bell’ and asked to see Mra, Walker; oame in, took off his cost, put it on the hat stand. and went into the front parlor; Mra. W. was in the front parlor when he went in; does not know exactly how long he stayed there; witness has seen him before, in the street; he , passed along slewly, looking in the frout parlor wine dow; this he did, both by day and by night, passing by Mra, Wells’s house; witness saw him do this almost every day, and more than once on the same day; three times one afternoon, only a few minutes intervening between each time; witness was in the house the day Mrs, W. was shot; Walker bad been there in the house, the evening Defore; witness let him in; Mra. W. was in that night; saw them in the parlor that evening; he came about half-paet tive; witness went up stairs at ten o'clock, and lett him there; does not know how late he stopped; witness let Walker in on the day Mra, Walker was shot, at about halt past ten o'clock in the morning; he avked to tee Mrs, Walker; 1 said she was in the parlor; he took off his overcoat, und left it on the hai with bis umbrella, and then went into the front parlor; witners went down stairs into the kitchen; went up stairs some time during the day; recolleets Mrs, Wells being out on that day; went up stairs to her fire; witness came down stairs with the coal scuttle in her hand, and when she came to the hall of the parlor ou the first floor, passed through the entry by the parlor doors in order to go down into the Kitchen; as witness passed along she heard Mr, Walker speak with a high voice, as if he was speaking bard to Mrs, Walker; he said * Yes, [ will do it;” she said No, you wont;”” these were the words, to the best of witness's knowledge; witness then went down stairs, rnd luid the coal seuttle down on the kitchen floor; she then heard a stamping with the foot above on the floor of the front parlor; this was the moment she laid the scuttle down on ‘the kitchen floor; has heard uch @ noise before; Mrs. W. used generally to do it when the wanted witness to get up stairs; the sound appeared a little way from the sofs, in the front parlor; witness opened the kitchen door to come up stairs to know what Mrs. Walker wanted, and as witness opened the kitchen door, heard the ro- port of pistol up stairs; ran up the stairs and passed slong the entry, and the parlor doors, and opened the street door; there was no one in the entry as witnoss passed along; Mrs, Wells came down stairs, made to- wards the front parlor door and opened it; as she opened the door witness went, and looked in. and saw Mra, Walker lying on the left side of the door, on her side, with her back to the door. not ex- actly lying down; witness made to the front door, aud wanted Mrs, Wells to come with me; Mrs, Wells went out into the street, and witness went out into the itreet, leaving the front door open; Walker did not come out as they stood at the front door; could hay seen him if he had come out of the parlor doors; when witness got out into the street, there she saw Mrs. Wells, who went up to the next bléck, returned again, and went in the house again ; saw Walker come out of the house and go up the next block, whereupon wit- ness went into the house in the front parlor, and there ftaw Mrs. Walker on the floor, on her left side, her nd on the carpet, lying between the sofa and win- dow, the back of her head towards the window, the front towards the sefa; the stamp of the foot witness had heard in the kitchen was twice repeated in quick suc- cersion (as witners indicated by stamping with her foot ;) it was not louder than usual; had only time to go to the kitchen door and open it, when the report of the pistol took place; scarcely had the kitchen door opened, when witness heard the report of the pistol; thinks she only had her hand on the knob of the door to open it; the stamping was upon the middle of the floor of the parlor, witness was then in the middle of the kitchen, which was immediately under the front perior; when Mrs. Wells opened the door, witness saw ut Mrs. Walker; the door was about two feet open; heard no one speak Cross-rzamination.— Witness is still in the employ- ment of Mrs, Wells, who docs not keep heuse now; Jones, brother-in-law of Mrs, Walker, keeps the house; has been constantly in Mrs, Well’s employment since; waits upon Mrs, Wells; has not talked a great des about this affair since it happened with any one; examined as u witness at the coroner's inquest; Mr. McKeon by sight; he called at the house, and ‘wanted to know exactly how it happened, and she told him; witness told all the truth as she recollected it before the coroner; recollects finding a pistol in Mrs. Well’s parlor before tho death; raw it lying under the small sofa right under ‘the front window ; purhed tho divan from the window to open the window, and found the pistol underneath; wit- ness took up the pistol in her hand; thinks it was like a #ix barreled Colt, which was here produced and shown to her; does not know how long this was before the murder; Mr. Walker had been in the house the same night; it may have been seven or eight days before the deuth of Mrs, Walker; never eaw the pistol after that; she put it back under the divan; never mentioned hav- ing found it there Jill after the murder. Walker came to the house perhaps fourteen or fifteen times before the murder; sometimes Mra. Wells was in, sometimes out, when he came; he came five or six times when she was in; on the night before thei murder, wit- ness went in the front parlor with some coffee, when she raw Mr. and Mrs, W another time witn the things in the room till morning; only about two minutes in the room; mext morning saw Mrs. Walker as he lay in bed; she came down in the kitch enand told her that Mr’ Walker had been much dis- pleased with her the evening before, and had told her that he would come that morning at ten o'clock once more, and that should be the last time he would see her; Mrs. Walker said that he told her this as he was leaving; Mrs. W. told witness nothing more; Walker came that morning about half-past ten; witness let him in; Mrs. W, came to the parlor door after Walker came in, and told me not on any account to stir from the door; she then went into the parlor; on this day, when the street door bell rang, Mrs, W. eame out and told witness to say the family was out; the bell rang again, and Mrs, W. came and told witness, that if that was her aunt Wells to ask her to walk round the block, or stop out a little; Mrs, Wells came im and went up staire; when Walker eaid “I will doit,” and she said “no you won’t,” the voices came from the front parlor; they were very loud. Before the coroner, it was not put to her what she thought the words spoken were; she now thinks thore were the words to the best of her cpinion; It was not then asked her what she thought the words were; she sald then she did not know what the words were; witness was much frightened after the report of the pistol; told Mra, Wells not to go into the room; did not goin herself; was afraid Walker would shoot her. (Sneering laughter among the friends of Walker, as if it was quite ridiculous to suppose him to be capable of shooting, and absurd, and not permissible for a woman to be scared at his shooting.) The Judge checked these demonstrations immediately. On the Sunday previous, Walker had been expected by Mrs. Walker; on that, or some Sunday, Mrs. Walker, told witness not to leave the house when Walker camo, and Mrs, W. then raid that he carried a loaded pistol im his poeket; (witness does not recollect his warning was given; there, sb Walk Uhether he came on tlie day: within two weeks or so after they live raw Walker walk by the house. | Mri n the parlor, and when J witness fwen told her that thet man was her husband. ‘The warning to witness not to be away when Walker came, was given Betore witness found the pistol; Mrs. W. did not then tay she was afraid of Walker ; when Waiker came out from the house, after the firing of the pistol, he had put his sack cout on, aud had bis umbrella under his arm ; witness bad remained in the hall on that day until Walker took off his rack coat and hung it and went in and shut the parlor door ; sho then wen down into the kitchen, and remained there till Mrs. Wells eame in only. James Brown was the next witness called.—Witness is'e policeman of the 18th ward; was on duty the day Mrs. W, was shot; it was about half-past 2; witness was at the time in 4th avenue near 26th street, walking up and down; ington avenue 18 @ few doors from 26th street ; witness went to the door, nd Mra, Wells and the servant. girl; rapped at t nd they objected to his coming in; witners said he was an officer; she said, “ Wait a mo- ment, and | will let you in; went in the room; Mrs. “| don't know where he is gone,” a some three or four minutes; Mrs. Walker was between the door and the rofa, in the front par- while witness stood in the entry, Dr. Bushecd in; Walker came to the door Wells y’ jor; and Walker cam which leads to the parlor and looked in; he pass- ed out, and,as he went down the step, the servant girl, who stood at the door, said, “Oh, you devil;"? witness asked her if that was the man; she sa! notbing ; Mrs. Wells spoke up and ssid, “ We don't know that he done it; followed him out, and saked a boy there which way that man went; boy waid up Twenty-fourth street, towards the railroad; overtook him ween Twenty-third and Twenty-fourth ttreets, on Fourth avenue, and asked him he was the husband of that Iady that was shot; he raid “No,” [A discussion between counsel here arose, as to how far the sayings of Walker should be given in as evidence. Judge Hurlbut decided they rhould be stricken out of the record, and instructed the jury that Walker's words were not to be taken by thein aa evidence } (Walker) was walking at rather over a moderate gait, down town; arrested him and breught him to the station house in twenty-ninth street. and gave him in charge to Capt. Johnson, of hteenth ward. ‘Cross-examination,—Witness knows not whi . Hill lived at that time Counset for prisoner then put thé folowing ques- “Did the aeeused, before you arrested him, tell you he was present when the lady was shot!” and made an argwneut and speech upon this text, com- Mr ut coal on | laining that when it had been given in e: that Walker was going fast. yet Walker Cetera per- mitted to take tho edge of inferences drawn from his fast going, by having his speeches and explanations given in as evidence to oats his conduct. Mr. Jonwan briefly replied. and argued that while a prisoner might prove any facts which occurred, he could not be permitted to put in evidence his own de- elarations. Counsel on the other hand again contended that an a swift gait had been proved against Walker, therefore hisadmiasion of other matters by his own de- clarations ought to be reeeived as evidence, because they would help to show that though he went fast he was not running away. Judge Huxtwut decided that no declarations of prisoner relating to the body of the accusations could be Teceived as evidence, but words spoken by # prisoner, explaining the eof his ascelerated gait, might be received, as not affecting the matter in charge. pri r’s allegations relate to the body of the offence, ; th ight not to be revived. The Judge then permitted the question to be put. ‘The question was, us we understood, permitted to be put. not as giving Walker's words directly explaining bis fast going, but aa affording the power of drawing an | inference from other declarations not relating to his gait. und not made in reference to it. but independent thereof. and helonging to other matters, yet capable of affording an inference or surmise explaining bis quick going favorably. ‘To this question the reply was, “Yes, he did tell me +0.” | Wm. H. Jonnson was next called to the stand.—Ie | captain of the police station of the [8th ward; recol- lects the day when Mrs. Walker was shot; was at the +tation house on that afternoon; saw Watker that day; he was brought in in custody by officer Brown, the last witners: did not, at thut time, examine his person; a ked him if he had @ pistol about him; he said Be had; Walker delivered to witness a pistol. ' ‘The one shown init? (Here a pistol was produced and shown to wit- ness) Examined the pistol; there was something in it, supposed it was loaded; five of the barrels appeared to be londed; they were all eapped Cross-examined.— Witness bad not offered to search prisoner before he delivered up the pistol; the delivery of it up by him was immediate, Brann) and volan ‘Walker remained in custody of witness till after tl Indy died; he was taken, on the day of the murder, to the house in Lexington avenue, from the station house; this was done at request, or order, of Justice Mounifort, who was at the house in Lexington avenue; witness believes—he heard—that—stopped; witness was present when Walker was introduced into the.room where Mrs, Walker was lying, on a cot; it was the | front parlor; he went up to her and spoke to her; wit- | thinksshe called bim ‘T'om;’ they appeared to | together in a low tone; witness heard some of the | rvation which passed, en's Counset—Well, what did you hear? d to and withdrawn, After they had spoken together, Walker went into the back parlor and wrote something. (A paper was here shown to witness.) Question—Is that what he wrote? Objected to; that what he wrote is no more evidence that what he said. The Judge permitted the paper te | be identified merely; witness then said that that was the paper he wrote. 7 [Prisoner's counsel did not press the contents of the paper to be read. It was then excluded.] Walker came ‘back with the paper to her; she had fainted, and. ‘was not able to speak; witness took Walker away five or ten minutes aiter, | Question—Did Walker apply to you to have Mrs. ‘Walker’s examination taken as to the circumstances of this shooting before a magistrate, and under oath? Question objected to, and overruled by the judge. Nicno.as Moxritt., M. D., was then called to the stand and sworn—Witness is a physician; resides in Lexington avenue; reeollects the day Mrs. Walker was shot; was at the house on that day; went there about two o’slook; found Mrs. Walker in the front parlor, | lying on the floor, on her back, near the sofa, her feet towards the window; examined her; found a eo wound near the collar bone, on the right side; wound was nearly two juehes below the collar bone; there is s record of the post mortem examination; Dr. Busteed bas it; found an opening in the back, near the spine, just below the shoulder blade, on the same side. Joun Muiine was next called and sworn—Witness. is by occupation o gunmaker, residing 140 Nassaa street; has been twenty-five yearsfin the business, {Witness here identified the pistol} Found powder and ball in five barrels; there was wad on one barrel, none on the rest, (The loading of the pistol was here- produced. They were cartridges carefully put to- gether, containing a ball larger than buck shot, and gunpowder enclosed im paper for each barrel.) ' Five caps were on the pistol; it was manufactured by Blunt & Syntes, Broad ; it is not a Colt; the patent is it fs not # self-cocking pistol; it pulls hard— unusually so. Dr. Moran re-called—It was a gun-shot wound; there was considerable hemorrhage trom the front orifice of the wound; witness first plugged up t! with a plece of cotton; then took off her el her to bed; sent for Dr. Burteed, who cam Dr, Warner; we remeved her dress, placed her on the cot, and dressed the wound, in the best possible way, to prevent hemorrhage; she was quite faint, for whicl we gave her some stimulant; the wound was three- fourths of an inch in diameter, almost exactly eireular; the wound in the back was three-vighths of an inch in diameter, also circular, but the edges ragged; "those of the front wound being even and smooth; the eause of of this difference in size depended upon the powder; the ball must have passed from front to back; the dress of the deceased was perforated both before and behind, in places corresponding with the body; the post mortem examination took place on Thursday afternoon; Dre, Warner, Gunn, Holmes, Busteed, witness, and some other physicians were present; beneath the external wound, we found the pectoral muscle very much lace- rated, two ribs fractured, the second and third, on the same side as the wound and that portion of the lungs near to the fractured ribs aiso very much lagerated; at two inches from the inner side of the wound. the track of the ball became very plain, and tho size of the wound: at the back; the ball passed through the left lobe of the lungs, and came out between the seventh and eighth ribs; it was sufficient to cause death; all the other parts of the body were healthy, viz.: cheat, abdo- men, all which we examined, except the brain, whieh | we did not examine; deceased dies, in witness’ opinion, | of this gun-shot wound; the murcle in front, near the skin, had theappearance of powder being burnt uponit. Cross. examination—W itneas was the first person culled, | in; Walker called him in; he met witness in the street, | as he came from the house; Walker had just been te witness’ house; met him, and ascertained that witn | wa: physician; he requested witnessto goand see | who be said bad shot herself; went immediately to 46; | Walker went with him; said“ Do you want any asalat- | ance?” witness said yes. go for Dr. Busteed; presently | he eame back, and Dr, Bustoed with him; before that Dr. Warner came.in; witness asked for female help; he roposed to send for Jane Murray, who lives in witness? | house; the laceration of the muscle was mo doubt owing to the muzzle of the pistol being near; in wit- ness’ opinion, it might have been fired off withia four | or five inches or @ foot from the body; three paces off would not make such a wound, the distance of the | muzzle certainly could not have been over @ foot; | striking against the ribs would give direction to the ball; the alot might have been fired straight or perpen- dicular against the body, and yet the ball have taken | that course; it might have taken that direction, fired at two paces distant, by one standing up opposite the perron shot, more especially if she had been sitting | down and he standing up; the slanting direction might have been produced by striking the back bone; but | there was no evidence of its stciking the back bone; the edges of the wound were direct of square, showii that the ball struck at right angles, and not soaay other angle; after striking the ribs, it was defleeted, and Io other direction; no bull was in the body; | Mrs. Walker was between four and five feet, not quite five; never saw her standing | At this stage of the proceedings, the Court adjourned. | until ten o’clock this day. United States Circuit Court, | Present Judges Nelson and Betta, May 81.—Richards vs, Lawrence; Brissac vs, Same.— ‘The arguments in these causes were finished to-day. The cause of Allen vs. Blunt et. al. was then takem up; the argument is to be continued to-morrow (this morning.) ‘The Grand Jury are to decide upon the ease of the pilot of the Empire to-morrow (this morning.) | Brooklyn City Intelligence. Court or Srxctat Seasons —In cuasequence of the continued indisposition of Truman Smith, Ksq., the Police Justice of this city, a Court of Special Sessions was held yesterday, before Justices John B. King and nC, Smith, ‘The court room was filled with a large as jago of the lower class of the city, principally, | who, either from motives of curiosity, or because they were compelled to be there, were present. Malicious Mischief.—Two boys, named Christopher Donely and Michael Towsey, were examined on a charge of breaking in the store door of one Melehoir Brown; and, after being reprimanded by Justice King. who re- marked that were very bad boys, were discharged upon promises of better bebaviour in future, ‘Aasault and Battery —Two brothers, named William, Brown and Theodore Brown, connected by frate ties, appeared in court, having made cross complaints against each other in relation to an d assault aad Duttery, which each charged to the other, and which: ‘arore out of some mo) fair, William pleaded bis fauee moet eloquent d was allowed to gqon his own recognizance, ‘Theodore was fined $5, to stand committed till the fine is paid. He was also bound over to keep the peace towards his brother. |” Slander and Abuse.—A number of Murphys, Roaches, &c.. in all about a dozen, were t yenterday afternoon, The evidence ‘showed that. there had been a regular system of quarrelling. and wrangling, for the last six months, between two or three Irish families with the above cogno- | mens. The following phrases were ured during the | sage of words:— it aint lucky to bein the street w | You're pussing;” “She's not one of the breed of the | ninety-eigh' “Give me & stick, aud ['ll lash the | long-tailed vagabond;”’ “ Wait till me back eomes, and [ll worry you all night;” besides = large quanti- ty of names which each called the other, and whieh | would fill up nearly acolumn. The defendants were bound over to keep the peace one year, Contempt of t.—A hard custom L Hoare, was brought before Judge | the ebarge of abusing bis wife. Upon being ted be See aa toon Leg bape A Cage de y juared himsel! peech, an ng up ia the {nce of the judge with a dranken, osieeal wen raid, “1 don’t care a damn for you, n-nor any (hie) other Justice.’ Judge King instantly committed the: fellow, and fined him $25. When he becomes sober he will undoubtedly be surprieed to find himself in dw rance vile,