The New York Herald Newspaper, June 6, 1849, Page 1

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NO. 5479. Progress of the Cholera. IN THIS CITY. Barons, Juws 5,12 o’crocn.—Dr, Geer, resident physi- Gan, reports, sinee yerterdsy, 89 new cases of sholere— 98 in private practice, and 11 in hospital. Deaths, 11 @ which seven are in private practices, and four iu eopital. [Signed by the Committee.} ‘We are glad to hear that ward physicians are ap- eave porn cecasneasion a te sree ‘ae poor will be attended to at ef patients. Thus, the ence in their own locality. Suppen Datu ay Cuouyns cor een eaeaeoy ato @elock, Mr. Jumes J. Fullerton, » clerk in the Mer- ehants’ Exchange Bank, corner of Greenwich and Dey streets. was seized with cholera spasms, and was dead at ten. Two of the other cases were, one from 842 Water street (there is a sewer stopped in that street), and the ther from the foot of Robinson street. IN BROOKLYN. Orrice or tHe Boanp er Heat.tn, Buooxtyx, Juneb—0 A. M. ‘There were four cases of eholera reported to the Board—two of them in East Brooklyn, and one eonva- mt. Two others, Joseph Kelley, a lad of 13 years ld, im the 6th ward, died yesterday moraing, and Eli- Fy Kelley, aged 60, died ia the hospital, at 12 o’elock tmight. Adjourned. C. G. J. GOODRICH, Physician of the Beard. IN OTHER PLACES. New Brunswicx, Monday—12 o’elock. ‘The Cholera, which has been the general subject of Femark, bas made its appearance among us, Lewis Bergen. rman shoemaker, died of it yosterdey. H ‘was taken ill on Friday, but considered it a slight teck of diarrhoea; he continued to grow worse until yesterday morning, when one of our most respectable physicians, Doctor A. D. Newell, was called. He found ‘the patient in @ state of collapse, with but littie hopes @f recovery. Doctor Van Deursen. was immediately ealled in consultation, and the patient treated in the most tad Spas ty (a = a ny red, oe tem- porary bencft; but the dieease had made sue! that be died in » few hours, palin ‘The Newark (N. J.) bony § Advertiser, of the 4th inst., says :—Only four enses of cholera have been brought to eur knowledge since Saturday. T'wo at least—a German laborer in the North ward, and a buy of eight P psteties or died. The other two, we understand, are |kely to recever under efficient medical treatment. A severe but not fatal case is reported from Orange. One th has oceurred at New Brunswick, and@ Dr. Duan, of Princeton, was called to one from New York on Saturday, which yielded to treatment. The Magcsy-amens North American. of the 5th instaxt, eontains the following correspondence:— wrs. Del., June 4—83¢ P.M, ‘The sehooner Martha (ollins, from Norfolk, for New ‘York, eame to harbor this afternoon, with two eases of eholera on board, and om its being made ®nown here, two physicians immediately repaired to the vessel to administer medical aid to the patients. The Richmond (Va) Whzg, of the 4th inst., says:— Th retary of the Board had received but one re- ase of cholera up to seven o'elock last evening; at was a servant girl, taken on Saturday cvening, and she died at twe on Sunday morning. Rumor had magnified this into as mauy separate cases as therehad Deen doetors in attendance, ‘e were informed by a hysisian that he had seen two cases of cholera Iwhites , which bad proved fatal yesterday morning. — ‘be o' The following is the report of the Board of Heal! that city, of 2d inst :—There has oceurred in the eity, durin; last twenty-tour hours, one ease of eholera, The patient was a female, of intemperate habite, and died. One case still rests under treat- ment. Two cases of diarrhwa were reported to have occurred with some choleroid tendency, but they Readily yielded to treatment. The Nashville (Tenn.) Union, of the 26th ultimo, says:—Siuce four o'clock yesterday there have been four deaths from cholera—all negro men, and in dif. ferent parts of the city There have been eases in almost every part of the city, and the disease appears ‘te have no tendency to become epidemic. Rls) following is the report of the Board of Health, of 3 0 :— Boaxp or Hearn, June 1, 1849.—The Board report ease of eholera from Ginciupati, taken froma steam- oat this day. HIRAM BARTON, Mayor. CHOLERA AMONG CALIFORNIA EMIGRANTS. From the Boston Transcript, June. 4. Bay News ruom Causrornians.—We learn the Salem Register, of this morning, that « letter was re- ceived in that city on Saturday, giving disastrous, though most indefinite, intelligenee from the Essex Mining aud Trading Company, of which Captain Wm. C. Waters was the president. The eompan, Cor- yas Christi by the overland route, via M about The ist of April, and « party of them were fallen in with, four days afterwards,in search of water, sinee which no intelligence has been received until Saturday. ‘The letter is from Mr. George W. Copeland, of Salem, ‘and is very brief. It is dated at Galveston, Muy 16, and reads thus:— “ | write to convey the sad dapelligones that Iam re- turning home. I have been very sick with the eholera, from whieh | have, wy the blessing of God, escaped, Five of our company died, and many more were sick. I, with one other gentleman, Mr. Prince. was leit at Laredo, Texar, and the pany went on. I sail to-day for New York,in the B. R. Milam, and shail be home about the 15tn of June. ‘I have suffered everything, yet the thoughts of being once more with "Frten js buoys my spirits. My health is getting Detter, though [am very feeble, * * * I shall say no more, as | expect to see you in about two weeks after this arrives.” A letter from Mr. Warren Prinee, of Beverly, dated Laredo, Rio Grande river, April 28th. says he bas been sick with the cholera. but is on the mending hand. The writer then indicates his contemplat route home, and says : “T shall get home as soon as possible, for I am not able to go to California at present, Our company started on their way with many siok, on neg J last, robably. Two died there before { left, viz. : William EiCox, of Lynnfield, and Joha C. Walton, of Salem, 1 Delieve. Poor Mr. Jones, (Stephen Jones, of Boston,) died before we left—making five in all that have died of that dreadful disease. the cholera, How many more have died since | left | know not.”” On the same shevt is a letter dated Galveston, May 16th, in which Mr. Prince says he is to leave that day for New York, in the chip B. R. Milam, end that he hopes te be home between the 1st and 10th of June. Mr Cox, whose death by choler young man. was about thirt, wife and two children. ‘here were five flemen from Lynnfield in the company. C.F. Boy was quite a young man, son of Dr. W.C. Boyden, Beverly, Mr. Walton is said to belong to. Waitsfiel: Vormsnt. The Zanesville (Ohio) Gazette has reeeived advices from Independence, Mo., ap to the L1th ult., announe- ing the death of Dr. ‘I. Burrows Hall. From one of the Jelters we gather the following extract: “ Burrows is in the last stage of the cholera; he and 1 are alone in an old log house designed for negroes, on the farm of a Mr. Kice, ten miles southwest of Indepen- denee. Burrows and / made arrangements to go with ® pack mule train from Ithace. New York, but 8. wilf not be slive in three hours, unless he is more fortunate than some balf dozen who have died of cholera within sight and hearing of this house since Satur- @ay M’Cadden is ‘and we are all anxious to reach the opengjprairi better. Burrows was taken with diarrhea this mornt: and bas failed repldly; his muse being now oramped, features presenting a hideous appearance, adel oe him fi 4, I could hardly be- could pene in oe rt = time. 50 men enoampe Te, about had cholera, 16 is said to be very prevalent at Blue iver, ten miles in advance of this, on the Kenras. There have been et on in Independence, and at the encamped emigrants, we le not terrible Gust think of it. We hore alone, ‘and he so deathly sick! Myself about to be left alone, perhaps to suffer with the same horrible disease, with- out an attendant. Yesterday, I had strong symptoms Of the disease, and they have not fully disappeared. BUll. 1 go about and attend the demands of duty, with ‘as cheerful a heart an at any time during the journey. T bavo eaten nothing for two days, which, with me, is a bad rymptom. Tnvaespay Mornina, 4% o'Clock —B, still lives, but ennnot do eo long. ‘I accidentally had eompany last + night, for some Misetaeipi with a sick companion, were compelled to remain with us. or | must have spent dreary night alone, with our aylog friend. ‘Their companion died s few minutes ago. His name was A J. Neely. Batvrpar, May 11—At Independence.—Within thir- ty-five minutes after writing e above, Barrows die . u & is mentioned, was a n of Colonel Cox, of years of age, and I bave not co much fear of the cholera now as before Lstarted I*have fully recovered from the attack, The wornlng died. I started out on horseback, (utter ebanging clothes and Inging him owt.) and rode four yolles om the pratrie, Returning I stopped at M'Cadden’s camp. now under eharge of Charles Cornyn, where J saw Dr. Cornyn. 1 also saw R, T. Sprague, who Bias lost a companion, J A, M’Conuell, son of Gen. Alex, M’Connell, of Morgan county, but who has been for some ware engaged with his uncles. F.andG. W. Adams, of Wurkingum J.S.Love was attacked but reeovered. Car- hart and son were in their company. The former had an attack. but bas recovered, While thero I was taken so fick at the stomach that | was on the point of lying down. and giving myself up to the eare of my Yeverville friends. I did he down awhile; bat think- ing that Burrows was not buried, and that soon no ‘one would be there to do it, also that my things were there, determined to go and ree about « oon. 1 found at the cabin some of Nerly’s friends. who were sbout to bury him, and they kindly agreed to get ® eoffin for Burrows. There were four un there, It was agreed that two should propare the dead for the eoflins and two dig the graves. Wenk as | was, I chose r rather than enter the room. no repul- ¢. and again work over the dead = The past nine at night, aud we wended our graves by moonlight, where at twelve the wei ported in thy earth. Four were depo- sited side by side fn forty eight hours, vis: Dr. Cot - Rapp, the two of whom I have Board of Health, At a meeting of the Sani Committee of the Board of Health. June 5, 1849. the following eommunies- by the Medieal Counsel, which was an ited to be published in the editorial eolumns of of the daily and Sundsy papers. JAMES KELLY, Ch’n, ROBERT T. HAWS, ALEX. H. SCHULTZ, | Sanitary Committee CHARLES WI i wept EDWIN D. MORGAN, | Board of Health. ROBERT A. SANDS, JACOB F. OAKLEY, jew Youu, June 5, 1849. In reporting to the Sanitary Committee in relation tothe cholera at present prevailing in our elty, the undersigned are happy to state that, athena the dis ease is gradually ding among us, yet in Its general ebaracter itis much milder than it was when it visited this eity,in 1882; that it seems more under the control of remedies; and that the proportion of deaths ie smaller. These facts are eonsoling, and should excite in the hearts of our citizens the liveliest feelings of gratitude toa kind Providence The unde: 4 would also state, that whatever opinions may be entertained in relation to the abstract question as to whether the cholera is or is n fous disease, no evidence has a) that the disease at present prevailing in our eity imasingle case been produced by contagion; on the rary, everything connected with its jory proves that its erigin and diffusion have been dependent upon eauses ee The simultaneous occurrence of cases in di be- tween whom ort of communicatton could be traced, andthe immunity lyse by those holding constant in- tereourse with the sick in our cholera hospital, are facts which establish this point beyond the possibility ef dispute. In net @ single caso, as yet, have either physician, nurse, or visiter of our eholera hospital been ‘nown to contract the disease. These facts should dispel entirely from the minds of our citizens all fear in attending their friends and relations who may be attacked with the disease. and at the same time dissi- pate whatever apprehonsions may hitherto ‘have ex- isted in the public mind in relation to the establish- ment of cholera hospitals in any part ef our eity, when ealled for by the demands of necessity and huinanity, The undersigned believe that the cause of the disease exists in the atmosphere, and that the whole commu- nity are at present more or less under the influence of )-this peculiar condition of the atmorphere—and in this way predispered to the disease. ‘To develope the dis- ease, however, exeiting causes are necessary, and these ure to be found in all those things which have a ten- dency to disorder the bowels, With regard to the pe- culiar eondition of the atmosphere which predisposes tothe disease, we know nothing. Human skill and agency, therefore, can do nothing In meeting this diff- eulty. ‘The exciting causes, onthe contrary, are in» great measure under our eontrol, and by properly gvurding against these, much, very much, may be done bviating the developement and extonsion of the JOHN B_ BECK, M.D. Medical JOSEPH M. SMITH, M. D. Cc 1. SAM’L. W. MOORE, M. D, § Counsel. SETH GEER, M. D., Resident Physician RICH. L. MORRIS, M. D., Health Commissioner. We think the foregoing a very useful document, and entirely eoneur in the dectrine of non-eontagi: experienee, both in this eountry and in Europ, dcmenstrate ite truth, We regret, however, that the medical counsel, in reporting to the Sanitary Com- mittee, have not touehed upon one or two points which appear to us of the utmost importance. They have said nothing of the filth—the abeminable filth, of the city, that is sufficient of itself to produce a plague, acting as an “exciting cause” of this foarful disease, though the majority of th 8 have come from those parts of the city that abound in putrid animal and vegetable matter. There is another point, of great in- terest and importanee, they have left untouched—it is the mode of treatment. It is notorious that the mode of treatment adopted in private practice is so variable as to bring direredit on the faculty. One set of phy- sicians are purging the patients to death with large doses of ealomel; another set adopt the very contrary practice, and endeavor to arrest at onee the discharge from the bowels, at the same time giving small doses of ealomel and epium. This latter in the practies adopted in the hospital, and generally in Europe. Why isitmot universally followed here, if it be the best treatment? Why do the physicians not meet ass body, and pass resolutions binding the minority to adopt the treatment approved of by the majority? It is no trifling matter, where so many human lives are at stake, and the question ought not to be left to ehanee, or the eaprice of individuals, There ought to bea treatment promulgated with euthority; for both modes cannot be right. If one is calculated to eure, the other is certainly calculated to kill. Brooklyn City Intelligene June 4.—Mextine or tux Joint Bean, Comrosrn oF tHe Boarps oF Surervisons AND THE ALDERMEN OF THE City,—The roll was ealled, and Supervisors Seaman, Dillingham, Bergen, and Smith, answered to their names. The Joint Special Committee on Accounts then made their report on the neecssary expenditures for the city for the ensuing year. the principal items of which are as follows :—For general purposes, $50,000; for city purposes, under special laws, $193,360 42; for aerersments on eity Property. $12,992 14; for eommon schools. $20.880 93; for tho salary of the eity superin- tendent, $1,000; for local sehool purposes, building, sites, repairs, &e., $82,250; total for entire school pur- poses by eity tax, $65 080 98. On motion of Supervisor adopted by a two-thirds yote, eussion. Supervisor Beacen then rose, and after stating that no reference in relation to auditing the bills of officers had been made by the Board, moved that such bills be referred to a committee of the Common Council, which wascarried The Board then adjourned. Boanp or Aupeamxn, June 4.—Mayor Copland in the chair. This Board met, and the roll betng ealled, the clerk proceeded to read the minutes of last session, whieh, on motion, were approved of. Petitions,—Tho petition of George J. Rapelyea, askin; for an asseeament of tax, his property having been sol illegally. Referred to the Law Committee. Petition of Fire Company No. 2 to be organised, was ferred to the Fire Committee. Petition of Benjamin Coo} keeper of the prison, for payment of bill, was referred to the Police Com- mittee. Petition of Marshal Folk, for payment of bill, was also referred to same committe Petition of Officer Applegate, for payment of bill, was ordered to omptroller for payment. A petition was reeeived from many citizens, remon- atrating against the establishment of a cholera hos- pital on Fort Green, as they will be obliged to remove from their residences in that vieinity. The petition was referred to the Hospital Committee. Alderman Boerum presented a petition from sand) inhabitants of the 8th ward, praying for the authori- ties’ interference, in regard to the running of the Greenwood and other omuibuses on Sundays, as the: are much annoyed in consequent Alderman Chure! made s powerful speech against etre the petition, denying the legality to interfere. The petition was re- ferred to the law committee and counsel of the board. Mayor's Vetoee.—The Mayor withheld his approbation from s resolution of the Board, relative to altering » gutter at the foot of Fulton street. ‘The resolution opening Summit street was returned, en, the report was er considerable dis- with objections, as the assessments have not been paid. | Report of Committecs.—The Law Committee reported in favor of the bond of D. K. Smith. The counsel of the board reported that the expense ofa wellin Fulton street, near High, must aecrue to the city, instead of to Fulton street widening and pa- ving. Adopted. Against granting of the prayer of petitioners, asking for a reduction of the rates charged for licenses. Ad- opted. A further number of reports were made, but, ewing to the lateness of the hour, it was impossible to obtain them in time for the columns ofthis paper. The board adjourned at about 11 o’closk. Count or Oven anv Trami¥rn, June 5.—This Court organized this day at the county jail, as the new room in the City Hall was not ready for oceupation. J Moree, and Justices Hughes and Wright presided. His MORNING EDITION---WEDNESDAY, JUNE 6, 1849. Court of Oyer and Terminer. Heip suoten Euetiew, sn6 Aldermen Weed and TRIAL 6F THOMAS A. WALKER FOR THE MURDER OF MARTHA KE, WALKER. E:ontn Day, Junsz 5.—The court opened at ten o’sloek, pursuant to adjournment. Dr. Roper P. Simmons was the first called for the defence and sworn.— Witness at St. Louis; lartha E. Walker; first be- knew the Mra. M game acquainted with her at the house of a Mr, Thorn- 4 where ton D. Murphy, at St. Louis, in was then ; it wee useahaoied et mever before that time seen the prisoner, T. A. Walker; he was not then living in St. Louis to witness's knowledge; was consulted by Mrs. Walker relative to her supposed pregnancy; this was in the month of June, 1847; witness was called in en the spoken of Mrs. Cathe- rine Hughes 5 was called to see Mrs. Walker et Mrs. in Pine street; found great eonfusion in the one in her own room. ina on examination of symptoms, witness she had taken opium in some form; pulse was rather increased in force, fulness and frequency; skin of its natural temperature; no cool, clammy sweat on the surface; no coldness of the extremities; no pallid countenance; no other symptems indicating that she had taken a fatal dose of the poison ; by this time Drs. Pope and Linden came in; the eonclusion eame to was, there was no danger of her death; the stomach pump was not used, because it did not appear ne- comery, she having already vomited; next day wit- ness found her up, and conversed freely with her on the subject ; asked her what she had taken; witness thinks she said she had taken the black drop, a prepara- tion of opium, one-third stronger than Jaudanum; she said sho did not know the quantity she had taken; witness wanted to see the vial it wasin; she said she had put it in the grate after swallowing the contents; witness suppored it to be # two ounce vial, and that she had taken half an ounce, enough te cause death; wit- ness asked her what she bad taken it for, when she said she had taken it for the purpose of destroying her life. Asa matter of course, witne: isapproved of the nd reasoned with her upon the impropriety of ru duct. She said it would be better for her to ie than to live; witness never before saw prisoner to ; has come on from St. Louis on purpose to ify in this ease. eamination— Witness is paid thirteen hundred dollars to come on here to testify; Mr. Isaao Walker, of St. Louis, pays it; witness knew very little of Mr Walker, of St. Louis, till he asked wit: jestify in this case; does not know that prison we n inhabitant of 8t. Louis; witn gives it as his medical opinion. that the AN ole heraw proceeded from no other cause or m ine than opium, in some form or other. To a Juror—Did not examine what she had vemited; smelt her breath; she had taken some brandy after- wards, which would disguise the smell of the black drop; witness saw the two letters, one of them to old Mr. Walker; remembers the words in it ‘“ when this meets your eye, [ shall be no more.” When she said she had better be dead than alive, witness had but little conversation with her on her troubles; witness supposes that little related to her troubles with ‘Tho- mas A Walker; she was well aware that witness had mew beep {el opel with all about her a sie omas A. er; suppose, of course, she referred to those diMeulties which witness is now prepared to re- pe if permitted. (Not permitted, as not being legal evidence) In June ot ‘that year, 1847, witness bad heard from her of her troubles with Thomas A. Walker; before this time witnoss had prescribed cecasionally for her; from time to time witness had seen her mani- fest considerable perturbation of mind; witnes. is. of opinion she was.e woman of strong nerve, of considera- ble self esteem, considerable museular strength; of medium rize, not delicate. not masculine in her appear- jade well formed woman, of sanguine bi- perament, round fuce, fine eye, auburn hair, it four in height, a fue healthy w: a. irect Examination reeumed—Witness is « practising eo end attends to ne other means for @ liveli- ood. Joun W. Waaren was then sworn—Witness is o physician, not a druggist; Dr Horsfield’s drug store is in the Third avenue. corner of 27th street; Mr. Walker (the prisoner) called witness in to attend this woman; witness went with him; found Dr. Murell attending upon her; does not know how prisoner found him (the witness.) Cross-eramination—Witness saw the wound and the course of the bull, that 1s to say, he saw the place of the entrance and the exit of it. (The pistol was here handed to witness, who was dosired to hold tha platol in suche position ‘as to produce such @ wound as the wound which he saw) Witness, after eonsidering some time, and making the effort to put the pistol in position, said that woutd beimpossible. ‘The Arrorney Generar exclaimed that he thought 0; he thought it would be quite impossible for a man or for a woman to hold that pistol to the body in sueh @ manner as to produce such # wound as that of which Mrs. Walker died. Here the Counsrx for defenee vehemently interposed and exclaimed “ That is not what ho says.” ‘The Doctor was here requested to pull the trigger of the pistol while held up in such a position as it might be supposed @ suicide had held it, over the right shoulder, but he raid he eould not. Pataick Cunmixcuam was next called and sworn— Witnees was be act in February last, in at the corner of 20th street and Lexington avenue; witness directed a person, who he believed was Mr. Walker, toa physician, for whom that person made inquiries. Gaonce W. Busrexo was next ealled and sworn— Witness keeps a drug store, at the corner of astreet, in the neighborhood of the eutastrophe; application was made to witness, in the afternoon of the 27th of Feb- ruary, by Mr. Walker, who called at the storo, opened the door, and asked if the doctor was there? witness told him he lived in 27th street; he inquired particu- larly after the doctor; witness said he would send his young man with him; be replied he would be very imuch obliged to me, as he had been looking for him in half a dozen pluces. The Count rtopped the witness from repeating what the prisoner bad uid. Cyrus Reep was next called and sworn. rerides in the city of St. Louis: knows Mri has bad conversations with Mra. Martha [The court ruled that the defence could not give cen- versetions in evidence, which were not a part of the res esta, thut is, (pepularly explained) of the things which were not connected with the tranractions goder trial; $ an. waminetion.—Witners knew Mrs. Wi St. Leuis, first in August, 1847; she remeined in St. Louie till about the middle of Jast summer; she resided at Mrs. Murphy's, on Sth street, when witness firat knew ber; witness left St Louis 10th of last mouth, in company with Dr. Simmons and Mr. and Mrs. Hoyt (The inquiry how much he had received for his ooming was arrested by the Judge, this witness aot having been examined in ehief.) Lovisa F, Hitt examined by proseention.—Witness knew Mrs. Walker, knows Mrs. Wells; onee lived at 46 Lexington avenue; Mra. Walker and Mra. Wells lived there then; witness went there in the middie of October, 1848, with husband, wad left there the tirst Friday in January; is acquatuted with handwriting of Mrs. Walker; bos’ very often seen her write; has re- ceived reveral letters from her. By Course: vom Derxnce —Lived at Mrs. Sheer’s, 62 Walker street, on the 27th day of February, 1849; Mrs. Walker bad culled upen witness within a week previous to thi cecurrence; she called the last time on the Saturday previous to her death; stayed some time; witness and Mra. Walker went out together; she had been to witness on Thursday; she generally called every day when it was plearant weather; that week when she called she had not o pistol with her; on a former call she hada pistol with her; that was eight or ten days before her death; she took it out of her pocket in witners’s presence, and handed it to Mr. Hil, and asked bim if it was loaded; he examined it, and said it was, and tried to tire it off, bat could net; he wanted to ree if it wax loaded. for he did not think it was safe if loaded; he then returned it to her; does not remember that she weked any more of him than if it was | loaded; she did not inquire of him how it was fired off; | kept by the three Miss Walke Honor delivered bis charge tothe Grand Jury, after | which the Court wards, hearing spec! rt journed, Judge Morse sat after- motions, which the Court Redding.—Assault anc Battery —M or Davis, colored, was put upon his trial for knocking down and injuring Cornelia Gambier. Several oon- tradietions being adduced in the complainant's teati- mony, the jury found bim not guilty, Pourer Covat.—Both justices still eontinne to be unable to attend to businere, and Justice King was very bad yesterday, but not dangerously. The Court rooms are eonsequently deserted, and mo business going on. Important Annest.—Offlcers Squires and Higgins ar- revted. yesterday, two men, hamed Mandeville and Mont- Qumnery, at the’ Fulton ferry station, as they were leuving the boat. on a eburge of obtaining goods ander falee pretences, It appears that these men fornierly resiaed here, and obtained # large amonnt of mer- chandixe and other goods from @ number of merehants in thi city. under falee and fraudulent preteners As rvon af they hud ebtained fair possession of the prongs: they removed and eoncealed it somewhere in eeklond eounty, where, shortly after. they took up their abode ‘Tbey returned here, probably after some more booty, when they were arrested as above stated. Praisewortny Connvet.— About 6 o’eloek on Mond evening, a6 @ party of ladies and gentlemen were Fr turning from & ride on horrebaek, one of the horses, be- ing very bigh-rpirited, on wh! tock fright. and started off a pee kept her reat manfully, when a driver of Clinton ave- vue omnibus. who wit traneaction, jumped daring exertion, ewught the mal hy the bit. hoek threw the Indy from her reat. but rhe alighted rafely. Her friends enme wp, ex- preting to see her a eorpee; bat were axtoniched whun they beard whoie transaction, and rewarded the driver. named Willi@m Babevek, not only with thuaks, but with something more sa) she did not ask him to show her how to fire it; do not think she asked him any question, but if it were load- ed; witness was examined before the Grand Jary; Mrs. ‘Walker put the pistol in her pocket avd took it’home with her; witners never said she came to Mr. Hill to ark how to fire it off. and she never did; witness now lives at 720 Broadway, at a Mrs. Walker's; the house is knows Miss Wood, who boards there; doves not know Mr. Julian Davia; when Mr, Hil) took the pistol from Mrs. Walker, and tried to fired it off. witncrs went to the window, being rather afraid of @ loaded pistol, By the Disraict Attorsey —This was about twelve o'clock; she was depressed in spirits; she was usually depressed; she asked, “When will Mr. Hill be in?” Pilnees sald “at dinner time, wont you ay?” when Mr. Hill came In, at about 3 o’elock, she took the pistol from her pocket, aud banded it te him. and asked him ifit was lvaded; he examined it, and aid it was; sho raid “Mr. Waiker bad brought it the event before; he bad it, and she took it from him. and asked him why he brought @ pistol?’ he said she bad slandered so many perrons he wae afraid of bving attacked in the street,” she took it away from him playfully, and pointed it towards him; he said, “Don’t do that, it is loaded?’? she suid to him,"! do not believe it,” and laid it upon the mantel pleee, and next day brought ig to Mr. Hill to eee if it really was-loaded, the persons whom. he talked to ber of bavivg #landered, weru, us she said, both men aud women, but ladies more partientarly; for, the raid, ke spoke well of no one; she dined with them, wud left efter dinner, at 4 or 6 o'eluek; saw her two f after. rame week. nca— Witness knew when ahe eame in of pistol in her poeket, for she told witness insoxn—Ie a phyrieian of twenty-sevem years rlanding, haere he pest mortem examination of Dr. burter [A question bere arore and was debated on both aides, how far # pbysieian basing his opinion apon @ perusa wertem would pronounce judgimen ich the pistol wan tired of Uh 5 ment, permitted the opinion to be after hearing given } Guestion —Supporing the instrament to have been o revolver, sueh @s that exbibited, how near should the mugsle of the pistol hare been, in your jadgment, to inftiet the injury mentioned im that post mertem exami- xation? ‘Objeated to by the Attorney Ge: question of meshanieal foree, of wh gved jodger ar a doeter. ‘The Dietnict Arrexnay thought it was sather forsign Vo the solves of the surgeon te say a) what dintames a as being amere the jury areas bad been fired. A ald not tell We pertien: physician eo the of the ‘The Docron then gave his that the pew mortem says the wal musele was burned; now, in pectoral order to burn the pectoral musele, the mussle of the pis- tol must have been nearer than four inches hedibs fore son. Question —Could an individual of ordinary steture, aes cee infliet such a wound with such en instrument? " Answer —It would depend upon the position of the injured person. If both were standing at the time, it t be possible, but then there w: be no burn, uestion.—Was it practicable for a person to infilet ® wound upon himeelf without an instrument? A.—It would be lacerated, and might be burnt; the laceration indicates the force of the projection, aud the pear spproach of the pistol to the parts. Q.—Is there any yonarelle, observed difference be- tween the sexes in their method of effecting self-de- struction by firearms? A.— Witness is not acquainted with an; Question by Mr. Horrman—What is th effect and sepearanee, ‘as to the size of a wound when the pistol is held ata distance? Does the diameter of the wound he © upon the distance? .— When tl is short, the wound Is larger; f the 'd would be much f the ‘pistol may, perhaps, be , but the burning, together with the lacera- tion, aids witness in forming an opinion as to the prox- br 4 the muzzle of the pistol to the body of the de- cease By the Arronnzy Genenat—If a ball were fired obliquely instead of perpendicularly, that would make ‘no differe: as to the size of the wound, to witness's knowledg In anéwer to another question, witness said—A ball fired downwards would tear the muscles more than one dred at right angles at the body, there is no doubt of tha Wirrrss—Should think the ball could not have been fired perpendicularly to the plane of the body, (that is, at right angles, to produce such a wound as that of which decearwd died. ‘The pistol, to be fired by de- erased on her own breast, must have been held upsid down; witness himeelf, in that position, could not pul the trigger, with all his strength, so as to produce sueh a wound; {fso fired off as supposed, the effuots would have been that the wound would have been laceratod, ite lips torn, and the flesh burned. Witness farther stated that a pistol fired within four inches will not ig- nite tinder ; witness has tried it; the ball passed through the tinder and plank, leaving no marks on the tinder, whioh was made of burnt linen; the tinder was black; perbaps the wind generated by the explosion might have extinguished rapidly the fire at the {nstant the tinder ignited. Ropent Warts, Jun. was then swarn.— Witness is a phyrician of thirteen years’ standing; is a teacher in the College of Physicians and Surgeons; has read the post mortem. ‘At this stage of proceedings the Court adjourned. Police Intelligence. Lofty Robbers. — An ingenious system has been adopted by some of the modern thieves, im oraer to bee! robberies witheut detection; but = this ec the rogues yere detected. It appears that » man, call- ing himeelf Clark Martin. on Saturday last ‘took board at the house No. 86 Kast Broadway, kept by Mra, Nes- tell, On Monday evening Martin introduced to Mrs, Nestell a young man by the name of Robert Williams, ae a friend whom he wiehed to board with him end oo- cupy-the same room together. This arrangement the landlady readily consented to,and Mr. Williams took tea with the other boarders, After tea, Martin and ‘Williams took s walk together up the Bowery, aad re- turned to the house about hailf-past 10 o'clock. Martin, on going up stairs, proposed to go on the roof, from the scuttle, and from there they eould walk ¢o several houses below Martin then said he could raise some money by going Juto. one of the houses through the teuttie, Accordingly he travelled along on the roof- tops until he came to the house No. 25, being five houses towards Catherine street; there he forced open the scuttle and entered— Williams meantime sat on the scuttle of their own house, keeping watch. After a short time Martin returned to the Poel atin, loaded with o large lot of men’s clothing. such as coats pants, vests, &o. ‘This clothing. together with @ pocket book eontsining a $10 gold picce and @ $1 bill, was valued in all at $45. The clothing being heavy and awkward to carry. he tied it up in one bundle with a bed cord, and drew it after him on the houre gg 3 About this time the moon began-to peep out from behind the clouds just after the shower, which threwa bi id on the rogues’ morve- ments A lady who resided in one of the dwellings on the opponite side of the street, was anxiously awaiting the arrival of her husband, who was out a little longer than usual. and for that purpose had plaeed herself at the window. Her curiosity was arouse the singular movements which she witnessed on the opposite roof, in observing the bundle of elothing to follew after Martin as be walked over the roof. She was at once pursuaded they were thieves, and throwing open her window called to some persons in the street, and made known her suspicions. By this time Martin had suc- ceeded in conveying the plunder to his own scuttle, and threw thesame into the open garret. ‘The alarm ‘was given, the police was called, and Mr. Cooper, deput: keeper of the Ensex street prison, answered the call, being near at hand; also. officer Buck, one of the 4th ward police, come up, and both entered the house 35,and proceeded up ataire, informing Mrs. Nestell that thieves were in the house. The rogues, on the police coming up stairs, towards the scuttle, made their escape along the roof. Mr Cooper and the policeman got on the roof, and dircovered Williams secreted between two chimpeys, Martin was chased to house No. 61, where ho forced open a scuttle, got into the house, and secreted bimeelf ina closet, where he was arrested by officer Sammis, of the Seventh ward police, who came to the astistance of the former officers. Both these rogues were then conveyed to the Seventh ward station house, and locked up in # cell together; but, during the night, Martin succeeded iu making his escape. by forcing off one of the bars, making sufficient room to press his body through [The etcape of this prisoner, who was the principal in the robbery, reflects mueh on the vigi- lance kept at the station house} Williams in the morning was conveyed before Justice Osborne, and committed for trial” The escaped prisoner has not as zt been re-captured. Boarding house keepers eannot too careful in the selection of those who apply for board, ae there area number of rogues who make a living by going from one boarding houre to another, and stealing ali they can lay their hands upon. The preperty stolen belonged to Mr. Charles Seecombe, re- siding at No, 25 kast Broadway. A Mysterious Burglary.—An extensive burglary was announced, early yesterday morning, as having been perpetrated duriug Monday night, ou the jewelry store of Mir. Ieaue Kovenburgh, situated at No 450 Grand strect; and gold and silver watches, diamond pins, brace- lets. and other jewelry. to the amount of $4,000, were stolen therefrom, together with $400 in monty The mysterious manner in which thie burglary ix alleged to bave been committed, ereates a general wonderment to devise the motives of rogues to cut a hole through the floor. when the door could bave been opened much easier, and with conriderably lere ncise, or chance of detection It appears, from the statements made by Mr. Rosen- burgh. that he retired to bed on Monday evening. bo- tween 10 and 11 o'clock, and on getting up in the morn- ing. he dircovered that robbers had been in bis store and carried off the above named amount of property. Mr. R's bedroom is off the rear of the store, where he slept that night with bis wife, and in the back yar feroeiour watch dog is kept. However, burgl said to have obtained an entrance into the store, examining the store in the morning, # hole, of rome 18 inches square, was cut through the floor behind the counter which gave access to the eellar below. ‘Thie hole bad been cut by the use of an auger, or een- tre bit, bered from the store and not from below, and then punched through with the aid of a chisel and hatchet; these tools, which are very remarkable. were brought’ by those who made thw hole from the front cellar. as they belonged to some carpenters who were repairing the back fences. The back door was found oper, and the ravage dog at large in the street. But the great surprise and wouderment to all, especially to the police, is the ringular motiveyof the burglar to make a hole through the floor when he was in the store with 1 the property ut bis command and had easy flight by removing the bar wt the store door. yet he should deiay, at the risk of detection, by boring a hole through the floor This bole shows for itself, aa the marks from the chi-el plainly exkibit it to have been made from above ‘1 he case is under the investigation of Justice Timpron, and in a day or two more light may be thrown upon the mystery An arrest has been made, Dut the name of the party, at the request of the magis- trate, will be kept secret for the present, as publeity might tend to thwart the ends of public justice. Sireat of Young Thieves —Oficers Cummings and Duryea arrested, yesterday, three young rogues, who are old in crime, although young in years, by the names of Edward Matthews, A D. Crane and Phillip Furlong, on a charge of entering the premises on the corner of Elm and Grand streets, on the 10th of last month, stealing therefrom « diamond pla valued at $70 end a rlik puree, the property of Dr. morris, Ihe young reguer were conveyed before Justice Osborne, and committed to priton for a further hearing. United States District Court, Before Judge Betts, Jvxe 6.—This June term of the court eommeneed today. Aficr the court was opened, returns of pro- ese were reevived. Sentence. —Jeremiah Healy, eonvieted of forging land warrepts, was then renteneed to two years imprison- mentin the Btaté Prison. The court then adjourned uvtil to-morrow (this) morming Discharged —Nargaret Bradivy, who bad been arrest- ed in this ity on a ebarge of petit Iareeny in New Jer- sey. Was brought wp this morning before Judge Ed- monds, and disebarged, there being no indictment and no requisition from the Governor of New Jersey. Supreme Court. SYRCIAL TkKM. Before Justiee Jones, Jexx 6.—Fis Honor took up the motion paper this morning. Several were heard, But none of any imper- tanee to the public. Court © Cinevir Covat.— Nos. 38. 40 to 63 © this Day, 1 7, 1¥, 20, 21, 27, 88, 85, 36, Count. Nos, 11, 16, 16, 17,20, 91, 22, 28, 26, 22, 36, to 41. 44 to 63. 66, 66. 68 60 to 64, Cy vo (8. Transterred ( 47. 48 wo 67. Common Pixas.—bires Part—New., 10. 31. 23, 83, 488, 41, 49, 61. BB. 68, 69, 61, 63. 68. 67. Second Part—Nes, 42, A, 66, 68, 10, a, 74, 16, 16, 00, 02, 64, 06, 58, 90, Court of General Sessions. Before the Resorder, and Ald. Franklin and Jackson, Juni Grand ory coThe following persons appear- ed this morning, and were sworn to serve as grand jurors during the present term of this eourt :—' L. mith, foreman; Jobn D. Clute, Barker Grif E. Hoyt. John MeMenomy, Burtis Skidmore, John B. ‘Waistell, Rowland 8, Maloy, Hiram Russell, George W. Rose, William Kerr, James Little, Francis Duncan, to adopt the readiest means at their sep- reesion. A me ut the most judicious does not always suggest tecth in great emergeneion When promptness 4 ebown cme indiscretion may be pardoned. It 1s easier to for han prompt and jadicious course is Henry find fault thantoset This whole subject, gen’ 1s open before you. and you are left to take any eourse moapeetiog it..which the public interest requires. ‘here are three offences growing out of this transec- George H, Ball, Timothy Garrick, William H. Bromley. tion—conspiracy. riot and arson. Any combination of The Grand Inquest were then addressed by Judge Daly, who charged them as follows :— JUDGE DALY’S CHARGE. As his Honor the Resorder, from s sense of the dell- eacy of bis situation as one of the magistrates in quelling the recent disturbance at the Astor Plaee Opera House. is desirous of abstaining from taking any partinthe trial of those aecused of offences growing out of that affair; and, as brought before your body at the present term, the task devolves upon me of giving you the necessary instruc- tions, preparatory to entering upon the discharge of your duties. It {a seldom, gentlemon, that the Grand lury of this county are ealled to th: peaeeneceatuty conrave and important as that whi will be brought before you im eonnection with this deplorable oce! rence The great destruction of human life that at- tended the efforts of the authorities to preserve public order; the principles involved in the creation and sup- pression of the disturbauee; and the necessity which existe for a most thorough investigation, have invested 4 this braneh of your duties with an unusual degree of ie interest. and imposed upon yonr body # responsl- ility of no ordinary charaeter. It is not to be dis- guised. gentlemen, that within the lest few years, the disposition to aubstivute force and violence to tho peaceful administration of the law, has been upon the whole matter will be mere vitible actorr, two or more pérsons to commit ai isa racy; and if the evidence betore you justifies the that there was organization beforehand, more perron the theatre, wur duty to indict conepiracy. This is the first point of enquiry, and I hope you will probe it to the bottom—that you if porsidle, trace it to its source—and that, if Beyond ‘© are still more respomsible authors. you will them to the light. PerhapeI need not tell you that he who plaus sach an enterprise in a8 guilty as the instruments he puts in moitoa. As to the pext branch of your inquiries, any disterb- ance of public order by force in a breach of the pease. Any tumultuous assemblage of three or more persons. brought together for no legal or constitutional okjest,. deporting themselves in such mavner as to endanger the public peace apd excite terror and alarm im Tational and firm-mindrd persons, is unlawfal; end whenever three or more persons. in tumultuous man- ber, ure force or vivlenee in the execution of any de- sign wherein the law does not allow the use of they are guilty ofa riot. A riot in detined to be a tu- multuous disturbance of the public peace by three or more persons, arxombled together of their own satho- rity, mutually assisting each other against all who pore them. and engaged In executing some design, in nerease Officers of justice, in the peaeeful execution & violent and turbulent manuer, to the terror and of ite process, have been deliberately shot down, the houses of obnoxious individuals broken open, thelr per- alarm ef bystanders er the neighborhood. all who participate are prinetpala {moe riot It da an offence in tons intulted. their property devoted to destruction, and Which there must be three, or may be many, setors. under @ constitution breathing the very spirit of toleration, and a form of government eccguizing the freedom of opinion. ven places ef public worthip have not been exempt from the assault Of the rioter. Indved, so unblushingly ia this dispo- pre-eminently @Fe of violence ‘The law deer not dixtinguirh betwoon the relative de- wed by individuals; but every one who participates fs responsible for all that has taken place All who have partisipated are to be jointly in- dicted, and jointly’ tried. The only disorimination rition acknowledged by some, that an organization o , Which the law wakes. is the diseretion given to the pdividuale bas long been ki ained in asister sity, for the avowed purpose of br ing the laws with impunity. under the sauguinar; Peilation of “The Killers.’ Alarming as this of thinge must be, and ealculaled as such aets are to stir the patriotism and rouse the energy of every right- minded eitizen, still more alarming is the sympathy with: euch authority; for not only bias the strong the law relaxed in the proseeution of but even after their conviction, magistrates, re vented the diseretion of softening the rigor of punicbment, have manifested ind solving offenders trom the consequenees of theiracts. If there fs agovernaient, gentlemen, upon earth, in which an unauthorised resort to violence fa entirely without | lawful to witnere thei excuse. it is that under which we live. In other coun- tries, where the modern political maxim prevails, of any thing for the people, but nothing by them’— where governmentis « thing apart—the great majority of the governed have no voice in the regulation of the institutions by whieh they are ruled—it is not surpris- ing that they should occasionally resort to violence to obtain their rights, no other remedy being left them. But under institutions like ours, where every man is an integral part of the government, aud bas voice in the creation of its laws; where the remedy for redresain; grievances and reforming abuses is both eertain an speedy. an unauthorized appeal to physical force is wholly without apology. Obedienee to the laws of his own creation is the first objeet of the citizen, and when he refuses to render it. he contravenes the great prin- ciple which holds a republican community together. If there is anything which should take the form of a na- tional sentiment among us, it is a reepoct for the ma- jesty of the law. It is the vital prineiple of our peliti- cal organization, recognised by the popular mind, and implanted in the popular heart; it is to us what loyalty is to the Engli a or what the reverence for the State War to the nations of elassic antiquity. It is true that the law will not always fit the exigency of every ease, and that the plication of fixedand positive rules may furnish but imadequate justice in particular instances; but he that objeets to their general utility forthis rea- son, would dispense with the sun for the spots upon its face. In this respect the law shares in the infirmities of everything human- perfection being an attribute of the Deity alone. Liberty with us is not synonomous with unrestrained licen: Jt is a constitutional term, embodying 4 practical idea, and has nothin, or utopian about it. It means the defined, regulated and enforced by laws. In the practical sense in which we understand it. it implies the ony. of obedience to laws, which, if unsuited te our eondition, we have theconstitutional right to change ; but while in force, wenre bound tuebey, It was deomed @ great int gained in the progress of English liberty, w Tewad conceded that no man wes above the law; and the rioter now who stirs up @ commotion, claims to exercise a privilige which was suppored to have ox- ired with the barons of the feudal ages. The fruit of he growth of civil liberty has buen the substitution of the supremacy of the law for the arbitrary will of man; and it matters not whether it is the will of one man or 4 million, for to the individual sufferer it is of little consequence whether hie rights are invaded by, a single despot, or trampled upon by a mob. In either care it is tyranny. and it is as objectionable in the that has found its way even to the | { pt up, and is still main- | Court in apportioning the degree of pw nt haste in ab- | What cecurred within aud without. jr ent. I a riot take place. all who ald, encourage or promote it, by words, signs gestures or other sets, are principals. It is wot Lecersary that a perty ould eommit perronal violence being armed with offensive wea- Pe ns, or making use of threatening speeches or tur- ulent gertures, any uct of aumatauce or eneou- Tagement ix suftcient to make him a prine{pal — nder this head, your inquiries will be directed to what took place at the Opera House its vicinity, upon the evenings of Monday and Thursday. The first will embrace what oceurred within the theatre; the latter, Whatever opinion my be entertained of the propricty of dramatie and theatrical representations. it ix lawtul to represeht, and One of the 601 ees re- sulting from thie rpecies of amusement is, the right of the audience to give spsntanvous expression to the feel- ings of approbation or dirapprobation which the repre- sentation inepires. Thin 1 nothing mere than the right which any one bas, to criticise a book, or any work of art. prevented for his entertainment or profit, In the theatre. this has been @ right of immemorial urage; but it docs not rest on that alone, for it has ved the solemn sanction of a court of justiee. The Judge then read a decision of Sir James Mansfield, in a care ariring out of the O P. riots of London. This is @ privilege, ar you will perceive by the authority I have read. which bax {ts limitation, It does not im- Ply a right to create a tumult in the theatre, to throw niirsiles at the wctors. or to destroy property. Nor does itimply the right of a tew to give or continue the ex- presrion of their disapprobation tn such # manner as to prevent the majority present from witnessing the per- formanee, if they desire to dono. Least of all, inthe lapgunge of Judge daustield, doce it imply # right to combine, and ge to the theatre, to prevent a partiealar performance, or to hiss an actor from the stage. The timple courre for a p n who dislikes an actor, is to abstain from visiting the theatre when Jho plays; and if the patrons of «uch places concur in that dislike, the in- terert of the proprietor will speedily dictate the nesessity of withdrawing the performer. There is no reason whys theatre, more tban any other place. should be tarmed into an arena for the display of lawless force and vio-~ lence. Yeu will enquire into all that transpired within the Opera House upon the Monday night in question; and if you ure ¢atiatied that any partivs there were guilty of w riot. within the definition | hi will indict them accordingly. The Jud to the events of Thursday nigbt, and gave the same in- struction, saying that the Racy must distinguish be- tween participants and mere spectators; and that it was very wrong for citizens to linger about th riot. By the accession of numbers. they gi and boldness to the rioters, and render more difieult the efforts of the authorities to check it. Butso is human curiority, thateven well disposed citisensare by the excitement. To courageous minds, fuscivation from the very presence of danger, distinction murt be carefully drawa between those who were mere lookers-on. and those who were rtimulating end encouraging the riot, He then defined the crime of arson, and referred to those charged with an attempt to fire the Opera House. He sald the jury should also look into the conduct ef the police force; and if any member of that bedy gave aid or eounte- nance to the rioters. he should be indicted, and madean | f. If he wiltully negleoted his duty, he is aggregate as in the concrete, It {s only by maintaining | example of. y Deg Ys the eupry 'y of the laws, thut the erty of the ind{- | Hable to be aape-ecanny | sud, in scrutinizing the eon- vidual can be protected. It is the only enfeguard to | duct of public officers, it was not necessary to be over eccure it from popular violence or aristocratic en- ercachment. is to prenerve society from th xtreme of despotism The great ebject of government while | scouring to the individual the enjoyment of his rights, | Giretarae of his duty. he should abstata from intruding considerate for the fofluence of human fear, for if an ¢fficer lacked the coustitutionnl courage essential to the sie has no more exeuse for bimeelt into such an office or anarchy; umd consequently, from the founda- | bis misconduct than the coward who enlists as » eol- tion of the worl bas been but @ series of experiments. dition is eedonbtedly, individual most of the advantages of government with the least amount of its pressure; and we have reason to believe. from ed nearer to it than any government that has precede: us. In theory, we have certainiy done so; and we have but to maintain practically the principles upon which our institutions are based, to realise every thing that government can bestow. These considerations, gentlemen, have led me to re- fer to the responsibility resting upon your body. You are now to investigate the fucts connected with this unhappy occurrence. and to declare who shall be placed upon trial as the guilty actors init The supremac: of the city prerei lite— @ eacrifies Lexperience, that we haveapproach- | | be effected by the vigilant co-operation of citisens the condition of pelitical society | dier. That con- | the best which secures to the ; Cértain locul law: The remainder of Judge Daly's charge related to nd Bi - +a oF lees general interest. He referred to the existence of the prevailing epidemic, and the great labor impored upon the authorities; the neceasity for thoroughly cleansing the oity at corecet any cost. and of providing the indigent with medic and medical aid, and such other sanitary regutations asthe urgency of the case demanded. He said the authorities could not do everything, and much might would be weil for the Graud Jury to inform themselves: of what the public authorities had done and were do- | ing, and if they could suggest anything either to the guilty—and potent as should be the effect of such an | example, ite ralutary effect may depend very much upon the manuer in which it is followed up by the protecution and ishment of the guilty. city has hit! empt from It is, | belie tory of this ¢ become necestary te maintain public erder; and if no otber meana were left to preserve the public peace, the authorities, by rigorously maintaining the supremacy of the law, even at the sacrifice of life, ha empie in this great metropolis which ma: tye remotert part of our wide spread oon ch scenes of vi the first instance in the muncipal his- be felt in jerac; i exprers the hope. gentleman, that, in the duty youhave | to perform, you will be fearless and firm, and while you will exercise that calm discrimination which {x due to the impartial administration of justice, I trust that no reepect for perrons. no sense of fear nor disposition to favor, will lead you to falter in doing your part for the maintenance of principles lying at the very founde- | hore, tion of the government, Your labors will necessarily em brace an investigution of all the events counected with thix unbappy affair. including the conduct of the publie authorities; and though a very searching ex- umipation wax had before the Coroner’s jury, a if yeu can throw any additional light upon’ a your right, sit would be your duty, to make ny public pitrentation which the interest of the community de- mands. Under this head, therefore. gentlemen, it may be proper to ell your attention to the power given by the law to the pubic authorities for the maintenanes of order, All magistrates are empowered to pre- the public nd justified jm using what ever degree of for y be necessary fer that purpose. In Englund, fom which we derive the common law, he extent to which the anthorities may go, and the ner im which they shall employ extreme force, has been @ matter of siatute regulation from the time of Edward IV, These statutes have undergone various changes and modifications, and such of them as were pasted prior to our revolution not being applicable to our form of govrnment. are not in force in this Ftate. The extent to which force may be used, aod This | en in ® very great degree ex- | the Irving Hous lence and bloodshed. | when the taking of buman life has | Billings; leaw them there together, t anex- | authorities or to the citizens at large. to make present- ment accordingly He clesud by raying that in respect has been maintained, the peace of the | to the subject which bad eccupted the principal part d. after a deplorable racrifice of human | of his charge, involving the innocent ag well asthe , Court would not be found wanting in theirs, if the Grand Jury did thoir duty, the Case of the People is resumed from yesterday. Billings was called to the stand und his cross-examiuation completed. Mr Jas. Brapsnaw Bitsincs called—ie ao elerk in knows the young man who wae last on the etand; J saw him at the Hotel; I have seo Northerman at the Irving House, in company with two or three before the robbery was eommitted; Lrecollect seeing Northerman there at dinuer with Billings; | don’t re- collect the day precisely Cross-examine.’—I don't recollect how Northerman was dressed when he dined there; I know his face; have no doubt about the identity. Josern Sit.imas aworn—i am a elerk in Mr. Brooks’ itharine and Cl clothing store, at the corner of ( streets; saw Billings at Mr. Brooks’ store, on the , of May ¢ was in company with Northerman; Bil- lings boughta diab cummer overcoat, « of loons, three linen collars. two shirta, four half done or two pair of gloves: Billings jes; they amounted te about $24 Of ait in the store; the aid ; he gave me two eagles and ene + he chaoged his cloth ticles which he took off were put in the valise with the other articles which hv had purchased; this was in the evening. between eight and ten o'clock; they left bout the same time. evmined.—| know that it was on Saturday eve- it these persons called at the store; on Monday, came for me to go the police office, and 1 then recollected that | had sold these goods on the Sa turday previous; Billings wax.in the store half or quarters of an hour, [ recollect Northerman by his countenance; he took mo part in the purebases, other than advising Billings about the coat; | have mo doubt nt he was the wan; I am fully persuaded that he is pe man Groxcr, W. Wattixe sworn—I am an officer attached to the Chief's bureau; Northy an wae put in my charge after bis arrest, I detaim@d him in custody, and took him to the Irving Hours: speaking of Billings, Northerman said, “1 dived with him on Friday last; thie was on Sunday; he told me that he became ae the manner in which It should be employed, reste with quainted with Billings in Philadelphia: us, therefore. upon the principles of the common law, in connection with certuin statutory provisions which have been enacted. From the long existence of the English statutes, it has been supposed that the right to cinploy extreme foree for the suppression of riots was derived solely from these etatutes; bat Chief Jus- Hale, a great authority on the common law, and ope of the mort fear that the right does no’ if @ riot cannot otherwire be suppressed, may make ure Of euch force wa pball be necessary; and that if, from the employment of it, death ensues, the act ia jurtifinbie—the right to employ military force for that prrpere, ie © trly recognised in this State by an act pared in 1*26, which declares that the Ist and 6th brigades of Artillery reviding in the eity of New York, thoi! be rutject to the orderof the Mayor whenever their rervice rLall be required in wid of theecivil autho- rities to quell riots, suppress insurrections, protect the Property. oF preserve the tranguillit of the eity. ‘here brigades were consolidated by subsequent acts; but this previrion remains uvaffected, ‘This ix an act, therefore in aid ot and in recognition of the common law. under whieh the \ ayor bus undoubtedly the right to call out the military in ald of the eivil authorities, ‘The law an well ue jon humanity. dictates, howew that thie subtle hinery. which has been aptly termed the last argument of tyrants. should be em- ployed only upon great emergeneies—that men armed " ould not with swift and errain mesrengers Of death, t ty ‘ihe example he oceasion of the me: elim pe as o ity of Lon- ebartist movement, onservators of the Wy of the imitation ef ail mun It'is true that the movement in moet exciting ran afforded to nteraet any at- ‘The eannot wlwaye be the eax, bh wo payee” ean forsee, or as eould not heve beeo antiei- Mhorities ean de ku such eases ts The prosecution here rested. Officer Noausa, called by the defenco—Has never been offered @ reward for his services in this matter; Mr. Sil- limen identified the prisoners as the a who were at Mr. Brooks's store on Saturday night. The evidence was cummed up on the part of the de- fence by A. A [hillipr, the cvnnsel assigned by the Court to conduct the ease for the prisoner—his ewn counrel not being present; and on the part of the mcution by J B. Phillips, the Assietant District Attor- ney, Tho Recorder charged the jury at some length, reviewing all the testimony, and Plsclog. it lueldly be- fore them. ‘The fury retired for about balf an howr— at the expiration of which time they returned with » verdict of * Guilty of receiving stolen money.’ This was the fecond count in the indictment; t charging grand larceny, bi counsel for the people. has not yet been prououneed. ) Pleas, thie court were in journed the m of this court will in fature A. M., Instead of 12 o’elock. Jose 6 ~ Both braneb but no business being ready, the Judges art. The speeial t ommence at 10 o’eloe Destructive Fink wear &t. Jon, N.B,-Mr. Gunnison. of the New Brunswick Express, reports that when be left St. John. ou Friday lust, the woods about five milee fi ind had Grarnic Posts Srrvck ny Liontyre.— morning lightoing straek tho telegraph South Kerwiek, and ran fifteen or twenty of the postr, whieh accounts for the nen-reeep- tion of the kuropean ewe by the Niegare, yesterday qT Vest wire about two miles 1 slong wpon it eme dirMenes, spliaterin merning,— Boson Ma, June a

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