The New York Herald Newspaper, March 3, 1851, Page 1

THE NEW YORK HERALD. ‘WHOLE NO. 6706. MORNING EDITION- ‘DOUBLE SHEET. HOWS BY TELEGRAPH. MATTERS AND THINGS IV WASHINGTON, ‘athe Approaching Adjournment of Congress —The River and Harbor, and other Bilis— The Steamship Contracts, &e: Wasnixctox, March 2, 1851, TheBerate adjourned at a quarter past twelve this “morning, Gen, Cass refused to sit on the Sabbath. ‘There was no action on the River and Harbor bill; and as ite pasrege now depends on the generosity of the Cemoorate, itis mighty uncertain, becaure the Senate “have yet(o act uponthe Army and Navy, and Civil Appropriation bills, and this Congress expires to-mor- tow. itis believed, however, that the session will be continued till 12 o'clock on Tuesday. ‘The eteamehips are all laid out. The California Dry *oek dill is cut down from a million and a half to six iundred thousand dollars, with orders for new pro- pesal Vather Ritchie is still to’be disposed of. The Senate have also to act on the House amendments to the Cheap Postage bill, ‘The French spoliations and the ‘(eriff are out of the question, and there is no time for sotion on the Boston Fugitive Blave business. A seport is expeoted to-morrow, and it Is possible that all the Appropriations, Obeap Postages, and the River and Harbor bill may pass. But quite as likely some o them will fail, and most likely the River and Harbor ‘bi. The reason why the House last night struck down all the propoced mail lines, and put a clause into the Navy Appropriation bill, authorizing the repeal ot Aspinwail’s contract, and Bloo& Law's contract, was Lecause members conceived that the contractors wore getting too much money out of the government and che people. It isconfidently declared to members that Aspinwall’s Company-have already cleared two mil- lions of dollars, and that Sleo & Law's Company have done nearly as well. It is also stated, to influence Congress, that both companios have granted large sums or annuities to certain outside lobby agents, who helped to get their enterprises started; while they dave, it is sald, utterly neglected to pay others, who cendered them more valuable services. These things, it is eaid,some of the members are acquainted with, Mow mech truth, do. you suppose, is there in there statements? Any? What the Benate will do to-morrow, remains to be seen’ If it acts as the House har acted, the ory of re- peel of the Arpinwall, and the Sloo & Law contracts ‘will be raised, and kept before the people. Another effort will be made in the Senate in behalf of the Ebony end Shanghai lines, We hope both will ‘be adopted, end that sometéing will be done for the ling’ ang Antwerp lin Mr. Webster's friends are rejoiced at the appearance of the H-ra!d's Washington dispatch, relative to the pert taken by Messrs. Haven, Greely and Otis. It has, they ray, enabled them to know who Webster's real vriends are. With Mr. Greely’s (not of the white coat) approval, Mr. Otis hastened to Washington end rv onstrated with President Fillmore against Webster's appointment. The members of the Legislature of Penneylvani, arrived here yesterday morning, and in the evenin; swore horpitably entertained by the Mayor and the City Jouneil st Prown’s Hotel. Many of them left the city this morning for Harrisburgh Senator Benton, who bas been confined to his room cor come time by a severe indispesition, is as yet una- ‘ble to attend in the ste. Ignatius Mudd, Biq., Commissioner of Public Build- ge, died here yesterday morning. ‘The Stcamship City of Glasgow, Puivavecrmia, March 2—8)¢ P.M. ‘The steamship City of Glasgow, Capt. Mathews, from Liverpool, on the 12th ult., has just arrived at the Oelawere Drexkwater Sroession Movement 1 ALanamMa —A c onven tiou of a_portion of the people of Alabama assem- Sled at Montgomery, onthe 10ch inst., at which esolutions were paseed strongly favoring the with- Jrawal of that State from the Union. The Mont- gomesy Advertiser, the organ of the secession rey a that State, syealaog of the proceedings of the sonvention, says: — We were simple enough to take t for granted (and we should regret much if we were mistaken, though we do not say we are not, after thie communication, signed by many of our personal and party friends,) that the very few counties represented had no. undertaken to speak for the entive Southern rights mea throughout he State. Bat elevea couaues were represented, wointhe State—many of taem very Leaving out Montgomery, Lowndes there were but tweuty-two delegates liance. We mention these things “in | sorrow.” Surely, thea, we had some reeson for our opiaion, t they were not intended us a plat- corm for the Southera rights party throughout the State. But if these resolutions are to be the bed vf Procrasiea, and every Southern men whom it Joes not dit is to be stretched or lopped ofl, then, gentlomen, we fear that although y i ne downupoa it, We shull have very ows. In other words, are we to discard every | maa whe will noteubseribe to this plat- | i duwn by this convention! We tell you nly, gentlemen, you may, but we shall not Let us pot be miuunderstoud—we dv not adale one rota of our zeal and devotion to the cause of the south. So far asthe principles eougciated in the resolutions are concerned, We coacur with them, and would ¢ ven go further, if we could; but what weobjectt> is this lopping off every man who will mot subscribe to this platform. We have heretofore declared our willingaeesto take every { nan by the hand who was opposed to submission | end ia favor of resistance. We have lrankly ex- preseed the opinion, te which we sili advere, that awe could see no effectual remedy for evile past, resent, and fature, short of secession; but, in the | pirit of the Lowndesborough resolu » we were | willing to show some “deference to those who ad- snit our wrongs, but advocate a milder form of re- sistance,” and were ready, in the lar e of that sub, “without compromising our preicrence for che remedy absve indicated, to co-operate in any plan of pow intercourse, however stri h jor its objec: the redress of Southern wron 8 | Such has been ovr course in the past—such MH ve our Couree in the future, the Moatromery € vention platform to the contrary notwithetand- | ng.” Trial of @homas Canouse, for Robyving ihe | Phontx Back. It will bein the recollection of the renter that Jole and Tho Canour Howyrr, in. February. 1850, nk, at Weeterly, Rhode [oi ied for the offe an olibi we orn to. and the jury di Saving forfeited thelr bail, Cole som Sut Oanoure was arrested, and put on n Wednesday last, borore the Supr me Vourt Cingatom, Rode (sland, betore Jutgrs Hue ond Bray. def.moe azain + aliin; bat it wae weaker erably 89 com pared with the foraer trial Tue prineipel witness for the defines on tia: eonasion Hoory U. Dorsay. formerly ehipying wud pawrenger ni, et TA South eireet, Nee York * ¥0e, end «f boo! + to prow that | ‘De peld to Canouse $200, on the 17: Dew, the day | eid in thedndictment ve Lot stoce was | thet Canopee cou'd not bi on tet day, at Vesteriy. Daring the pre he wes browght \eto Court end arraigned under au {odie'm ont sory on the former trinl, and, thereto. eawitners. ie bed been arrested io fheer Royer, on the J0th of Ostober lat, for » 511,060 fa Mexicam bona, together wit Us ogee ant ele, im 1644, from General Lyman, hit employer. He Feooptly remuved to Rnode isiand. in view of the | Hel. Binew bia w the polls* jot passes note, and one Witmentes whe AwORO he alihiom the former trial has veocus o's el ” 4, and preved that he purchar of May, ibel & Mort. fa Wall ore i | renthe efter the time he swore he meds the @ Mr. Emery, too. clerk to Mr. Barti« k stip, proved | pat Dorrayerchanged two of the sven $40 notes Canours writing Outsids, and thas correborated the | oatimony of Mercer, Anobier perron, named John Voliina of Bronington, caho war the lest ‘person prodvord om toe ataud, uc iudteted for | uid wot be a aot exemined, on the former trial. i a che seme robbery of eourre, « witness ou the present o1 ‘The evidence om both sides cloved on Saturday a room, ond Me Withing Updike, of Khods {sland dalrh- Mest. he sant th this morning ral, Jove yh M only counsel for the prosecution then replies. Mr Weodrnd, ot Paterson, N.J., was also reiaimed tor Cenoure, ‘There were 197 dea'ha at New daring the * ndiogon the 6th instant, of whieu four wery by bolkra, | ther Trial of George Aighee for Hape—His Con- Viction. KINGS COUNTY COURT OF OYER AND TERMINER. Before Judge Morse, and Justices Stilwell and Wright. Vuuvay, Feb, 28.— George Higbee, who was indicted. with mx otbers, for feloniously assaulting, &c., Ellen was selected by the District Attorney, for trial; risoners ha ded te G Di Acie istriot Attorney, and Frq , appeared for th: Garrison tor th . Waring, other pelea This was the case which created a great sensstion at tbe time of ite ocourrence, in themonth of Janu- ary last, when an account of it appeared in the Jie. void, the prosecutrix being then described by her maiden name, McDonald. Considerable time was consumed in ry, several havizg court took a reces: AFTERNOON srssion, Mr. Moore peioha.o ned the case for the prosecu- tion. A true bill had been found by the Gread Jury against the prisoner, for one of the highest crimes known to the law—that of rape, He was charged with having forcibly ravished the person of Ellen Rush, on the 14th day of January last. On that ev haa b house ot a distant relati oley was knocked down and dragged away, and while he wa for @ policeman, the prosecutrix was for- by five of the prisoners, the others hoid- toppiog her mouth, and Seovieg heron the ground. Such was the outrage perpetrated by the defendants, which they expected to be able to prove beyond ail reasonable doubt; and if they did not, they would not ask @ verdict at the hands of the jury. The police officer, whose assistance Dooley had obtained, found the prceecutrix lying on the ground, aud the priec ner Higbee near the place. Thus they could con- nect him with the outrage before it was committed, during its perpetration, and afterwards; for when the officer came up he told him where he could find the wo- man. With regard to the prosecutrix, she was compara: tively a stranger among (them. and a woman of unb! miehed character, 80 faras they could ascertain by t! inquiries they had thought it their duty to make. She ‘until very recently lived in Canada; her husband had been for some years past in South Awerica. she bad been detained in the county jail ever since, as & witness, 4 he would call the physicien of that jail before them, and he would testify to the injuries she hud received. They would also show that these young men had been at the house of a Mrs. Farrell, (oa the road to Bedford) who bore, to say the least of it, a very questionable character, and there they had besn drinking freely, and were in thet copdition that would render them capi ond reckless of t consequences, boasting of it as an exploit of which they were proud. James Dooley called, and examined by General Dur- yea- He lived in Frankli: etween Willoughd: reet and Myrtle avenue; was a laborer for musons; bad been slightly acquainted with Ellen tush; had only reen her three times since she came to this ccuntry; the first time was six or seven months 920; ber brother was married to witness's sister; he lived Mrs. Rurh was at witness's house about a montn ago, upon @ Tuesday; rhe came between half-past seven apd e'gbt o'clock, or twelve; she wanted to go home; they all sat the stove, talking to ene another; there was not & drop ‘ct liquor in the house that night; about belf-past eleven, witnes Mrs. Kush started ; they went up Adelphi avenue. towards a cousin of until they bad crossed Fulton ave: then stepped upd was about te go back, when the prisoner, Higbee, came bebind him and cought hold of nim. and raid, * you egot to coae witu me,’’ witness said, “where?” and prisoner replied. he would Ist him know, snd that he was an M.P.; prieoner caught him with bis rms right round the body, and ran him along with bis hesd cown; Ellen Rush wes standing slongside witnera when prisoner came up; he ran him along for scme distance, and th: bim d ya hie ta’ in Myrtle aven P did not know their ptthore of Griffiths and Stewart; Griffiths a be (witness) wae “ fretted,’ aad did nos exactly recollect everything; when they got near the place. the first man he saw was Higbee (che pri- roner); be caught bold of bisa, and ealled out; wl pritouer war asked by the cMcer, and he said, © oli (wesning Mrs. tush) “is round bere’ —end brought them to where she was; she was between Clinton nave. exce| th bi | nue end the railroad, standing behind a charcoal box ; the officer took ber and brought ber to the station houre; witness next saw Higbee at the examination at the jal; he bad a white coa: cap om; Koew Dim become i Pa ceen him @ bucdred times, passivg him om the welk. Crone examined by Judge Garrieon—Lived in what is called the “Thatched B Franklin avenue cne was with Mrs Kush nshe came to bis honre, apd po was there but bin.self and his child Lived €n the first floor—ocoupied one room, =A man named Wiiron lived opposite ; be had a wite and ch'idren ; @ Mrs Kogers lived in the back room. behind Wileon’s ; she hedae daughter, maigied Woman, who bad & snail boy, who aleolivedthere, The rest of the house was unoccupied. Did not know how Mrs Rush cameto go there (hat night ; he bed not invited her. Ilia wife bad been in the room with Mre. Rogers Witness sat by the ntove t evening smoked hi with the child ; bis end cbild were the: quarrel betw: Of any One ; there,and ‘not go home, witcere about am hour to go to Fulton avenue. Kush neither fell, ent, or laid down on their way When he rose from hisknees, he wae avout 100 tect from Fulton ayenne, When the pritoner came up, Mis. Ruch was on his iight hand sige. Saw nothing of the prirener til he ceme op, end laid hold of him by the neck ; one hand jo front, aud the other bebiad He wast bis back when he firrt took hold ot [Peveral questions were pul to this witaess with to elicit that he,cr Mrs Rueb, or both, bad pinkibg. but the witnersetoutly denied it | Neither the wit- te of intoxication evening ‘Te Judge Garrison—Remembor this trial was pet down tor last Tuesday ; was bere io attendance, and bed black eyes then. Ejlem Kush was then calied.~ (She is a woman about 06 yente of ege, wad bore evident traces of recent Niners | Bbe stated ber husband's namo was Jobn Kueh ; that he was, she believed, in Baenos Ayres, but the bed reen nothing of bim for 12 years ; her rmasiden pame wan ®cVopald ; she lived Intely with ® brother of b *, Berverd MoDoneld, in Jackson-street, near had done so tur about thres "months ; that time being stayleg with e Willoughby s'reet ; she had anothe Lefore that time she din da. for five yeerr; sho was at Dooley’s 'y leet, where rhe went to see him wad & while of the evening; thought It wna efter lock, but was not quite sure ; went there from ber brother's houre. Dooley, bis wile, and small chiid, were there; bad ever seeu sre. Docley but one betore ot ber ( witness’) brother's; they sat aud talked, aud had tome ten there; did not defak any liquor; Mr. Dooley with ber when che left; they wens towards Fulton nur; the bad never been that way before; Dooley alengeide of ber; ehe wanted to call at her , they wet ong, where che thoaght she ten. Lowe ip could step all night; she at | up her mind to 1o Ler brother's; as they cot towards Fulton ave- * they met two young men; the firnt ead,” Good bight; they made no aes wer; he grappled Me. Dooley, ove they bad a seville, and he seemed to try and chose Dockty; wittess raw Dooley pick up bis hat and roe avey; twoot the ycung men then tock be ged rer efl the road w piece; tha two on this tice, ord tro moze ene up just atv phe Gans throw how many more but rl were foven Of them: one wae that large eine Aion (Witnershere poluted c woner). Could not tell how fat with foen wer net far vil the roadside; the other ove cane awiorg: ebe told them to let ber go; be raid he would ter ber bome; ebe eaid the was going to her bro ud teld theta bie neme; he then threw her down. tod Hlcad ber inevery way that he could; rhe could thing, tor they Feld her Bands acd feet oud her mouth fo that she eca'd not ery out, two covers mere ce ete; fhe her as muh ag the olhers could oaly up. and ill wee ght there sere more. but abe Ito resist them a ut once, when Ytyon keep your bance re alvo tied with @ peoket ban pal she Would have romethirg to drink, but rhe sald sue w woold not and arked them to let ber go; the four that she could identify were Mighes MoCiurkey, Comber, and Henerichson; when the officers came up they ran avey; theofitvers cavgnt ove that night—it was the pri- rover; they took her to the station heave, aod asked Ler whethersbe could identity hic, smd she did 00; ft wae kn Lrocmmonty light night, and she t {hem for come th nad been d ete her homo, she y din jail ne ® witness; rieoner after thet night a the ata t the jail, (Che witness here, tn a qvertion from the Court, made @ rtateaent showing that the offence, to the full extent charged in tho inuie:ment, was committed, suecesti¢ely, by the four prisoners beforenamed, vis:—flighee, Moviuekey, Comber end Hepdrickeon.)' Her clothes were all tora * covercd with mud; rhe did net know any of the i-onera before, nor had rhe conversed with then; they but she did converse with the HL ered ber. The witness war subjected to a rigid eros arriton, and rome diver red in the det, Dooley, and the aorsuat Bhe, however, denied, that might befor y te piven wt th | persisting! her of thei had | dtewk puything; there were no bi ex at the | apot. but there were some neat; the prieoner | lily hee firet threw ber down; MoOlaskry was stand- | ing newer. as near ne possible, ond held her by the other two came up from the road ride; when | the saw three \ Vy ho next | | elapsed from the officers, they went d poral through any pted could not time they came up way; when the but the frien till, Deering made an: ds of the prison ers had come to her and sske1; but she had said she could make no settheme: gentlemen now; never told an; proper intimac: making up; ‘4 they must do it with the One there was an im- between herself and Dooley; it was all did not say that ebe would never have known apy ot them if the magistrate had not pointed them out; never had been in here, or apywhere else, before @ witness; never hed said to any was betore the magirtrate she was out of her mind, did not know whi triends wanted her to say 80 Te the Court.— Some of their friends had eommurt- with her in prison, Never said that she arrapge the matter for $60; had brother's house sewing till she to ge to De for about five minutes; a youn; wae with ber; gid not know where Kose Hanna. li not even her tor 12 years before. To General Duryea.—Bbe was kept in the same way as the pritoners, sometimes a dozen with her. sometimes Higheo’s sister bad spoken to her, ct the hy & dozen end o bal ard epother pere know; rhe (iigbee'ajsister) sent for witness, and ma: an offer that it she would not “have bim put up tie river,” (which witness did not understand) she would make a bome for her in her house; th Mancu 1,—Willinm Stewart, Was present when iighle, the prisoner, wi en the Mth January, Dooley came; witness vith ‘bin. one’. up. wanted; be said he wanted some! then went in, aud the rest went ij shere were ey U and axotner lad; ark ope; he said Do; witne about this woman, Mra Kush; Dooley did not appear te know any cng; Smith seid he saw twoor ning down the railro Clinton by Dovley hen been "8 an stranger whose SECOND DAY. police Was at the at Dook yout half They went onup She hoisted the window, and asked him what he wenr out, jooley asked Smi Tl show you;” wit of sitting down o} ot the rat ‘arhipgton left her with the pear encugh to smell liquor. Crees exomined b whether she firet eeid three, or whocber hs asked h. how many bad troubled her; had often con p. he thought, iv his own mind, were deunk but ho sould bot svesr; & Man might act druvk, and not id they were Wallabout feliows & carpeoter; be amid there w thought Doole: eo knew gang: there ner Clinten avenw waica reed, and the leit of tbe rallro: Woman about eight cr ten fect from tas ensiovare, on theeset ride, near Weshirg'en ay-nue, about ten or twelve teet from the Jamaica road, between the two; ‘ards trom there; id Dire. Fa there je cel carte come in; did not know that any one lived ‘bere; there were also boures nesr the oormer of Olt: ton avenue; could not cbserve whether Dooley w ateeted by liquor er not: the Adelphi ctreet bide t uee® GriMiths calied and examined by Duryea b twoo clock, eben he came to the station house on the Light of (he 14th of January; Dooley wad Kuen Rash were eittivg there; Call be hed betier examine the woman aride, waiod he did; he, (witwes*,) asked her how many vielated her perron; eke answered, dvi it the of the rrell # be one vhs Judge Garrison ‘one, tort of enclosure on on the right might be 200 or 200 we peat there, a small : he did not 0 fad the par Was one of the police ofivers of this city, in ot; Feoollected it was withers told ‘as thi rat im the station 6 hie was; that p hed ber how they noc e enawered by holding 1 being ry badly uce DOT smell Ht wil of Liqaor. Crores examined by Juige Garrison ttatement before the magistrate; was not atked the question, arristent caplein and . Kelily wpartin the ball exemination wes Lot iu writing; witness was pot pro- fi north. and did not know piece of a comb. acd per cfhoer to ery cnebad dene suppored it murt have been thought the boys would be convicted, but ha ino fvel- hole o, ings on (he eubject, Kiebard W Gietrict ecming to (he station house, lest; when she came there, ede bed oi ih ahity apes lrorde 5 the poli dive red fee; Vall, arsistaat onpt o—Stem ex b raw hat, which was al ty much eveitod; ber at fret, thought she ha took her into the bail, and was otose to king Mme questions, aud cowld perceive no 6} liquor from ber breath; Laen sent prisoner to ty Iail (‘be lock: up tor tbat wistrie:). abo wes one that she was saying, but some of their pprd at a house in Wallabont and other officers at told them where it happ Witness went first; they xaet three boya—Lonis Schwartz wes one of them, and they stopped them, but Dooley said they were not the Went up Ulipton avenue, between Bedford read and the railtoad @ickeon @nd Combes, and another boy whom he did Lot notice ; etopped the two, but Dooley sald they were not the ones and could not see any one, Mre. Farreli’s and Knocked at the door ; it mn thought Scanian Witness then went on to z 4s mot ope of tnem; and witness met Smith whether smith was then Dooley halicéd, and they started. ran that way, and saw the prisoner; Doo- Jey Was with him, avd exid be was one; witness asked the prisoner where the woman was, and he said slong with me, found ber inthe or rails, right elovg + nd Wi man ood arkee her wha 1 Dear wbout dregged to death; he asked her if any one had troubled ber, and she said, three; tha: was about wll the conversation; he took her to the station in; her bat was +hed aad her clothes pulled avd hauled; she act ¢d like @ woman intoxicated; he thought she was pretty welldrupk; she staggered. and talked but | te; thought che was druuk by ber actions; was m unes; Went up tothe wo- an the matter; she gong erson Was tag omb smashed and her bair all down her tbhoulders; her shael aod dress were all covered with mud; the was in witners's beliel; perleotly suber; did bess exam) was not 60 sure th: erything else he in of the Fourth 4 Dooley and Mrs Rash | en the th Janaary |» or penitentiary as id engage a, Rose Hi an ame did not witness) else. icourt adjourn Officer, called. arrested, iow house when d way’ met Hen to the railroad, closed th on ons side three run- come ness went and 2 & pile of posts i1road, between id she ~Did not know wople od the rou up tl ¢ fouad the one, where the take witness on thea. eral about hali-past iatant Captain ri- omplished their ber bands, aod theirs over her mouth; the woman had every 4; ber bat was Made no such ne; had said be Diack drevs, wd, and abe was very much 4 been drinking Cre se examined by Judge Garrtison— fad the told boys’ trier ds. being persons intere toid bim in that conversation, Lewis Bebwaits a 3 aes xemire preter, tentified berof Myrtie and bad bern tom dance at Mre Fi who verel be but cou! oth te thrm; be could pot see who the other was; enw Mig. te Lad hold of ber legs, amd another bad bis ber Dy ta +P lencsickson Comber the ail ot tell what © he bad bern (Dee, w Were that night; ubg man about tly through me anon rel sy O ladies there; it waa in er; that wi woran was lyii the time; twey d hola bande on Bet mouch posed positively the cffenee charged by Bush (pot be argh rereeeb & het wh rere wed since w Higbee. br @ ee and wr ly held Dr. Timothy A, Wade, phyw where Mere Bh then conuned; Seowart en | (MeCiushy, Both, and Higber) bare with tb tnt d went down Olt worn plieating Mol witness they told bim to speak the trath of with dim Henarickaon, Comba were by th inetly a the wom was going to ew affair took place d by Judge Uarri nd taken to the count Cail a} lked to bim since about it. a mumber of times: be was told be was to be a wituess, aod if be would nothing would be dene to hi ber cheer arrerte hivbt aboud » Cberten, and ph ¢ by Atlantic atree drnvk no never ra (The witness n@ When nu to Ch ¢ 0. Ball deposed to having exarat prorecvtrix the morning after the jolice court, nnd that she wa oh 8 would have been ow there were bruises on her lett bre @ latter probably omused by bei to ish bad bern ov That be lived with Mr Fore to the com custody, and the they then wens home; ne away from 0 Burh (or Busch) wae Brooklyn obap. tat teliow. short peck and full ta thing to co with the woman cid bot Bee aDY but the three be had spoken of 4 woman when he was there; did not mw aperron Lamed Varter Re-exomined. —The conversation with the oMecra wae On beard the ferry boat, coming over: he was ar | reated Sn Weter aireet, New York: wither® aod thore was no charge age ed, what the woman had 7 yoare of age, mus of an toter an, cor- there were se Atlantic atrest, en the firsc time ot her, some of War arrested @ ity jell, where be nd the jail keep if they inst every 4d beeo in witness bad no- w Bush befor or thing to do in detaiied the he was told to in prison asa t him wasthe least; but the offence might be ME contacment for life, He aid aoe kus at thet the Greed Jury bad feund mont, whi: visited with whether statem: ebill eetetet to preju.tice their minds; that might be the effect at one period when the nati ‘of time, but a> the 0 of grand juries Present day, wae conclusion thet they bad come to world in no de- , influence the decision to be given by the present fer Ford Hale bad said most truly, threit was enty to make a charge of rape, and most digicalt to dis- it. There w: many divcrepancies 119 this wo- Wan’s owr testimony, and again o' between and that of Dooley, particularly asto the circumwtances of first meeting the prisoner. It was always neowssary, in a case of this nature, that the prosecutrix ehould itness brought 6 on the e#and as showed him to be au #0- aomplice, and couscious that he ought rather to hue been im the prisoners’ dock than on the witness's stand. Some better testimony than hts should cer: tainly be adduced in her eupport. (The nature of the: defence set up will be gathered from the following a)- stract of the testimony, which our space will not allow us to give in fall): — Catberioe Murphy, prisoner in the eounty jail, swore that Ellen Rush, the prosecutrix, had come over to their (the witness's) side of the prison several times, nd had conversed with her acd one Maria Freoney, about the oceurrence; that she had totd them that they had drank both beer and brandy at Dooley’s, on the night in question, and that an illicit intercourse badtaken place between ber and Dootey; that sho asked witness to see some of the friends of the boys, aud if they would give her §20 a ptece she would ». swear ageinet them, but say sho was crazy when 5! bad dope so. ‘This witness, on cross examination, said she did pot know how many times she had been committed to the county jail, but Justic of the boys, Justice J, O Smith was called. —IHe had seon the prosecutrix the morning atter the alleged outrage; irom ber appearance. andthe state cfher breath, he thought she was an intemperate person, but could not discover the smell of avy particular liuor; ehe was then perfeotly sober. The examination being dod to witness to retresh his memory. he deposed to cer- tain discrepancies betwee pow, the principal bein; speke oh, vis. Sve; he, however, pointed out to her; he identiged them as th Crors-exemined— fle knew the witnesses Catharl Murphy and Maria Preeney, in his experience as @ police judge, they were both persons of bad repu- tation. Isaac A Ketchum waa policeman of the Fourth dis- trict; recotlected the evening in question; his beat was Olin! Myrtie, sod Fulton avenues, to Raymond saw Dooley at the station house that night pt there; the relie! time was haif part one ; tw & Perron he supposed to be Dooley be- fore, between twelve ond one o'clock, gotng up Fulton svenue lp company with a wor: saw them fest in Fulton avenues, beiow Reymond street; foll d them, by end bye three hoys came along; he haew one of them by sight, and arked bin what he was doing: one of the three raid they wanted to get the weman that wos with the man; Dooley came to the station house sdout 15 or 2) minates after witness got in; after he saw hig aud Mra. Rash tog ther be thought they were the same that he had acon be’ore; they eppesrrd intoxicated the woman very much £0, moreko than he; they went up along as far as Dr Cox's: then went round towards the railroad, and witvess followed until they were pretty near the reilroad. Cross-examined-—Thought the person h was Murray: knew George Higbes, (the father, and lowed the part lee asked Murray “ out” id they wanted to grt that women away frem thy man; the last he ssw of them they were within speaking distanns of the man aad woman; when he met thea the woman was staqzer. ing. snd etumbied; had seen Murray since; Bigdeos’ father bed subpwreed him. Mre, Rogers, who lis ia the came house with Dooley, was then called, but eh 2 that abe Kuew aotbing about the did not know Mes Rush, or remetbec th u qaestion beard no proved to bes sister of the un) deposed that the prosooutrie and toid b © would #ay Ble Gid not Kuow theo the trial; that ehe wanted the money to go Lo Vanni that sbe was going to write to Judge Smith (omen what he would say about it; that he was gobog to y at Doctey’s all night. but Mre. Dooley got in a pas:.oa, storm pad her foot, and cursed and swore, Horak Ano [ligbee was then calied Tho witness. » git! about twenty years of ge. deponed she was &. ottbe prisover, ana bed seen Mra fash fa ths county Jail eeveral times, and conversations had pased vpou the circumetance. Sbe th ei them it the boys would give eXamtnation she detoti+s the oooasioa of eu od a who was preeent, and denied that abe had ever told | Ellen (the prorecutris) that she would tind hera home if she would not swear aginst her brother, that MONDAY, MARCH 3, 1851. § qvainted with Merri St PRICE TWO CENTS. United States Commtevioner's Court. ferred for a short time tothe aa. +1 am aoe Before J. W. Nelaon, Esq. quainted with Capt. Lewis; I know p aoe FORGERIES OF powr; yet rn OF ATTORNEY FOR CLAIMS pede year; Tkeew a hom who knew inthe ‘ TO KOUNTY LANDS lexican war ; he was esteemed gallant man ia 26 —The United States vs. Lewis.—Theexamina- | Mexico, and is considered ‘s1man of honor and - this case which had been adjourned from lest | rity; I wae resumed. It appeared rie previow en chai Fra. in Kk, evi- dence that William Merrihew had with | Capt. Lewis's room, but have, on one or two eocasions, this offence, and that he was discharged on his own | slept with Merrinew ; Merrihew's business lately has recognizances. he having charged Captain Lewis. the | been proouring claims for land warrants; I hat some éefendant, with the co: forgeries, Wit. him respecting my own 8 for Beapes are non protinoed = a m the character of rosralttag ener Sere he said ms ed Litie is handwriting ie aftixed | for putting t ; 1 have seen him frequentl aims to bot f Japt Lewis's room, writing ; [Muster Roll ace 3 On occasion in going to the roomy of Capt. Lewis the door locked, and wee comiug a G Merrihew opened the door, he said mer Brice,” ie in the handwriting of William Merrihew; Merrihow, I under atand, has been extensively engaged in the laud war- £ rent ond pension business; I have been to Warking- sxy whether Merrihew was copying it or not, but tom last week; I went to see and obtain papere in | | took it up, and looked at it; 1 saw it was Capt. Lewh's refereace torthis case, in the hands of Individuals or | morter roll; I turned it over, and Merrihew sald, in government offees; my attention was p«rticularly | “ don't disturb it, I'm buey with it.” I know the directed to letters which Mr. Neeley and Mr. Risque | ¢T#l character of Merribew for truth and veracl yo be bed : irom what I ha erally. ? would not believe him under oath ; T _ quainted with thebund writing of Capt Lewie ; tp wer idavit in tho case of the olutm of produced} I don't see anything resembling the handwriting of Capt. ew Crors exemined by Mr Owen Summers, on behalf of ‘the United States.—When I saw Merrihew on the oc~ cation of the door being locked, he ssid Captain Lewis would be secn in; he appeared to be familiar the hove seen bim and Merrihew together; [bt them write together, but never knew of any Bt might have, snd which were written by Merrihew, in relation to claims against the govern mac: Der of letters in ia the Landwrittn; session of Mr N. nd numerous Merribew in the bands of Mr. Rirqae,in retation to | 1 the claims ot various persons, [Letter produced.) I 802 porseasion of this létter from ir. Ne ingicn; the letter is in the handwriting of Mr, Merrl- Ww. (Tho tetter was signed by Wm. Merrihew, and cazlos. a power of attorney. éee.. im relation to arrearages of ay due to Rachael Danbam, widow of J. W. Dunham, | treusactions between them; Captaim Lewis, as the of- late 1). Company, Louisiana Mounted Volunteers, and | cer of the company, was generally consulted: tthe slso c:oiming the arrears due to Catherine Kenna, and | Claims; the time I aj seeing the muster roll oa requesting that the eameehould betcrwarded to him | | the table with Merrihew, wae, I think, in June, 1860; it might have been in the latter part of Mey; I was im the habit of going to Captain Lewis's almost every day r thet until 3 left town in J I have seen Mer- Ques ston. Do you know what reputation Mr. Mezri- hew bears in Washington, in relation to these matters? Answer.—Those in Washington who know him, know hits 19) be aucsaod ot edie ametiamcae eee zoey ee in Captain Lewis’ room after the time om claims; I called at the pension offce; | cannot si wbat T what bis reputation there ia; I am acquainted with h genere| character for truth and veracity; it is bad; it is co bad that I ehould not believe hima on osth where he was interested; I would not believe him om oath, anyhow, unless be was corroborated; F am acquainted with Capt, Lewit; I know his character for honor and veracity to be very good; never heard snything 2eainst it until this charge; I know bis handwriting. he was @ coward, and not a beard Mr. Benai ribew hed signed himeelt end women; 4 do not know whether they were nah at they weze females. (laughter ) To Mr Lateon.—} know that Captain Lewis had left town before the 4th July, for Washington. To Mr. Summers.—I cannot sey whether he left om wer cfattorney, purporting to be claim for Phovd: - eaman; also, the cosdevite ef hor 20d tue wlipeness, he et ee Gh et Puly; TMB Re leteaded telat oe named Newland and Gardner, produced.) I see noi Jamer Il, Bonnick, book: keeper, at Florenes's Hotel, ot Capt Lewis’ handwriting in these document: eflidavit is in the handwriting of Mr. Merrihew. Mr. Lateon, counrel for Capt. Lowia, called the at- tention of the Commirsioner to the faet that the power gt attorney bears duce Ist July, and the aflidavit the oly. Witucrs continued—T saw papers in Washington in three cases purporting to be claims for land warrants for volunterre in Capt. Lewin’ regiment; ove was that of Michael Beaumont, another of Benjamin Milis, ond the other was on behalf of o widow named Dua- hom, but I am not certain to what com; 4; the land warranta on thi 0 Dunhara 1850; the otbor case was No. 08 944. and was issued May 24, 1850. Crosa examined by Mr, Owen Samm ofthe United States—I have personal deposed; that be is scquainted with Capt. Lewis tor more than # yes he has been boarding at the hotet sor that time; [am pot particularly acquainted with bandwriting; I kuow Wm Merrinew for six he has boarded at the hotel for three or four had any transactions with 0 bim, stands ver, ; 1 inted with the general ieee Dir, Merrib but ip regerd to his transactions with me he bas rever fuifillka any promise he made re- speeding the settlemens of bills; atter he left board- ing ov the hotel, #m order came im one evening from the house of Mrs Brown, ia Mercer street, and a li-t written of what was wanted for suppers for eight; the order bad the pame of Capt. Lewis to it; not bein, tn the babit of getting such orders, I told the servar 4 LI would not deliver it; | kept the order; I told Cape arau.er of Merithew; im Mexico, be called on me, i and wshed me for n draft on New York for $100, tor | /eeis neat morning f had received euch an order, na ch Le gave @elight preasium; I gave it him and he ealied in a few days, and said be did not think be t me have more than $75, and he ssked me for tt fer $76, aad eid that he would cancel the first one, I never got back the firet draft for $100, but it was presented to me for payment in New York I be- lieve there isa little balance of $9 or $10 due mo on ib t ar Lbave beard bis goneral reputation ep ot in New York snd Mexico; in Mexico his ro. tion was, that he was not a good soldier he and ¢réak a greet deal mod was general wheu bo was wanted for duty; he was in but one skir- with. and cid not behave very well in that) be didn’t Keep bis epgegemente; I would not reject a man’s oath because he was a gambler; it would depend upon the ¢egree to which a mun drank whetner [ would re- Jeet bis oath or not; { aia partner of Mr Lateon, amd have been actively engaged ae counsel in this case; among those who hpow Merribew fa New York his reputstion stacda bad; be has been charged with dis- bonerty iu several {netavess, I besrd these reports ia not been in Meroer street; the reason I did not send the supper was be cure l bed wy eu picioui Unover by reecived ruch orders trom T afterwar showed the © a sept it end he lenghed; I said [ wished to know; he said that he did send it. but that be was draak, aud did not know what he was aboat; he had previ- ously tried several ways to get eappers fron us, bat wesietucd To Mr Summerse- Capt. Lewis and Mr. Merrihow were ip the babit ot being together; [ do pot know the nature of their busine rs transactions Mo jor Garret Dykeman deposed that be wna tormerly enpaged asolerk in tho Kegister's Office, New Yoriy terved as Major inthe New York volunteers io the Mexicun war; know tala Lewis tines November, 1547, This witorss@ave the same iuiptession of the ebaracter of Captaim Lewis as that deposed to in the previous testimony Was introduced to errity Avguet, 1847. but have not hat mach aoqusia with him; I bave heard Lie character epokeo of siace 1848, eB of this charge; it waa decidedly bad. Perso T. Betts was aext ewora, and examined by esas Geena 5 tose eatpie pavenainp oguiant ur. Letson, pe 4 eity; [4M 9 | Merrinew; 1 beard that be bad been aporehsaded tor broter dotr@ bur How Captet | forging papers, and thet to clear bimeel( he made the Jods by right y bariness with | corp. against Captain Lewis bixo William Merrihew by Mr Laven them eaid he bad no more witness te eight; ad certidontes: [ ont exnaive, but be had served a notioe en the Distwiat Attorucy to produce the letter written by Merribew, in wbich be rtated that he had sent torward the claims of Phobe Hoftman; aud he now called 00 the Distetat Attorney to produes the letter, or be (Mr. l.) shontd jewber wo be was; he was @ large aan, b fair iace; Lthink the papers werssmace ont ia tibew's hendwriting, bur L am pretty aura Mezrl: | $0 ‘Cuunta te give eccondary evidence of it hew cid not bring thew to the octee. ~ 4 ‘The viineen’s exauinstion was mapented, to give | 4 Mt Summers said that he was not authorised to pres lim en cppertepity of produciog memoranda COchel Witten Jey Heskett. examined by Mr Lat ron. depored—L resiee in New York: tam a osuasellor nt j lam acquainted Abown bim.t believ the U B District Clerk tret with bim by my duties a* counsell bir, Latecn was about to read the affifavit of Me. Neaiey, of Washingtou. when Mr, Summers objected to It as tneuMl dent evidenst ‘The Commisslower said the coansel for datendynt mutt first prove the existence of the lettor, before he can give secondary evidence of its coutonts. Manon 1—The further hearing of this case was ad- Fog, pote 2 be ag pe ee A of eanset; Journed to Monda, (thin day ) at 12 o'elook, the body of this instrument i in the handwriting of yes Tetore Joseph Bridgham, Req, MARGE OF FITHING OUT A VESSEL FOR THR SLAVE bew; the name o Phebe Moflmanaad all the Bilem Kush bad thr not cet the money she would swear ull ehe could against the dove On ber re exawinaticn, by o0.she smied ethocist church iu Bast as Brooklyn, in Inst tract meetiag a year a full member, nad beloage jars: Mr Parker lived in 4 pow living with her mother; ott mer, and stayed there tou Wiliam Pa ecutler by aking. Was called # that wicbt. and ssw tho witness Bohw there, who was diinking gia, ond was inioxi witness drank nothing but ginger pop Litatarif -Croesexamined.—Had Crank Dusblog since New | at Farre « Francia Ocek, ot Gold street, » carpenter Thni known the prisoner eight or nine year: hed never be was wiid; Beye racter; be (prisouer) worked at carpenter's work summer; be drove a wagoa, peddling The prisoner o defence rested, when the Distr torney called, oa rebutting e+ off and Call who testified to the eobriety thet night, aud thet he bad seen Patt within the last two or three weeks OMicer Velscr, #lso bad sewn tho witness. Pat. tereon, intoxleated, two or three weeks ago, wad adout one week ogo, he bnew Catherine Marpby sud Maria Pheeney; their general reputati dand he t believe them ia living in houses of pro n. Mra Mary Dooley, wife ct James Dooley, who des crittvely that there war any drinking or quarreling in ber boure on that night Mie McDonald, (Deoley’s sitter. and the proses trix’ sieter-im law.) wbo proved that the latter © living with her et the time, and teotly sober. about five o'clock, to g> t> Dooley's Judge Garriron summed up for the defence, ant the District attorney for the prosecution Judge Morse, bose engegement at Suffolk cos ccinprlled Lim to complete the cause, charged the) ding about twelve o'clock 9 of officer Taylor. and atter a wot abonts quarter of am hous, re\arned erdiet of guilty. ‘The court thea adjourved till Monday. the 10th inst Polteo Intelligence. One Eyed Thom pon's Case.— At thee o'clock thit ternoon, the case of One Eyed T. a0 be beara before foe Mountfort, wherein Le ds charged with being an secomplice ot William Bara bom. in the persing to grocers in this ofty,o1 Thuis Cry evening inst, several countertet: #5 bauk will: oo ¢ Bank, Madison exvaty Thom pron arrerts most poritiecly, tawt che par cies a* nietaken ip their identity. as be can prove wn by the testimony of rereral persona who enw bim io Brookiyn at ebout the thaw be te pany with Farnbem We noti ty ne from easeult made by several other thieves on t cfherr, at the time of making the arrest. OM ere Trenebard succeeded im arrenting the ereapel rogue ov Peturday night, in the pit et the Obath Hip was conveyed (o the Second ward poviow atatira end cn Suréay morning teken berore the Uniet of lice. #ho committed him to privon tor trial Suspicion —A woman called Marz Dennis, on Saturday evening on a charge of & by the Second poles; and on frorching four d. which whol of The Second ward police. fora further examination, Drinhivrg up Cuy Charity. —A moa, called Martin Tdtey, wes arrested. on saturday on a wef ang leoiing his family, and selling the coal furnished by the alme house. and having rum. t lutoxicated and abusing bis wife and cbiléren, Tho pollee of the 11th ward conveyed the acoused before Jurticon Timpron, w! om mitied him to prison Sell Omoe jorris, of the 18th the sounty jail. Oned, ewrroborated the last witness ne raw her about twenty four hours after the ocevi tence: there were anklet: the symptoms of mt continued fortwo or three days, and gradually jimte hed knees @. vo bru wes on her legs vorteh excite. ‘The proreevtion here rested, sod the court took o rece to? wi hour AP TRRNOON wRaRION. ‘The defenes wee opened by Judge Garrivon, The io eae formerly eppital, h which prino ved by the cow ee * wherein he eta: ioted for selling lottery tickets connected with the great indostrial sohemns lately bya db Bowery. The acoused was de tained in default of bail. + ft her house par- | » | Bimeekt efek that am | patd he was rick, be conld remato in bis qaarters | reonting parties, more m nome of Jamer Brico. Jam sud the two first sertions of the ito be fa the bandwriting of Merri dly betleve he would be guilty of the pet ft looks ringular tome; 1 anew nothing bim until this transaction the Commission ‘This ie & com pla’ Mr ’ | enenged in the slave trade, contrary to prob: M i ~\ bad mass og to dleturb oy tions of the Act of Congress of the 20th April, 18 _—— ee ae The secord rection of the eald ect enacts that win i bigh ard was in the t of "going it prety L would believe hum ander oath iu erdinary | no cliisen or citizens, Ko shall sfier the passing of this aot as nioreraid, for himself. themeelves, or any ot! tretractions ' : a 4 | pervon o: perrona whateoever, either as master, factor, ea ieee me eee | 3 onper Yaita, tit. equip load, or otherwise prepare peny B (hrough the Mextoan war, alter the pes bet eR og a Ukuow Captain Lewis siace 18: juted with bim in Mexico; met him thers | I know the oha- r ship or verel to within the ju raoter of Lewis for truth and veracity; L always oo a ho erhon OF Person ordipg oF otherwine pre cauring apy of the note a! tent to employ such chip or ¥ ved Lia oman of bigh honor and a brave sold tingvicbed bine lt well tn the avy; Cm (hing that would east the alightest blemish | M) or 4 foresaid to be dome wit! nel in muna! ine h trade or Willem MerriLow since therpriog of 1847 Nq | Dunimese ater the passage of this act, cont to the fn a 1 rue intent and meaning thereof, or who sbail ia asy 4 | wine be siding or abettt ccnviction ke thereta, shall severally, om tosh is in Merribew's nand " Hetaen avd Wm I Gslewsld Commissioner of Dewda I phovld eny the name of James Brice ix in Merrihew's | nbG Uigvited, a6 io Merihew's general character for | (ruth nud veracity £ alould not depend much upon bil word, 1 would not believe bias ender cath if he bade Bpoweriol Interest at stake Q— What was bis ene jot truth avd veracity amongst the offirers They had very litte communication with him; be reported sick when they tty fort ot held ja very high @ jem ard an oMcer, and for that rea uch ao possible by the be never fought tn j beuever showed figat, L w: om. waing (Meer; there times when be reported more sick than he took the +, bis general appearanes was that of @ healthy | wan! when there was any enting or ditoking to be Cone be wee not eck then (langtiter); he generaily ate | moked bis seger, ~ | muster. pro thia fs the proper printed torm of r-rel) © copy of which is in the posses ork © rage —that abe proosed- do 6 port in Virginis, aod took fa a toed of dow brnee to Bahia where she diroharged aoe cons The evidence for the onmt wae s part Owner at the tim before fultrode, that she was chartered last _voynge by Merere Foster, Elliot & Co; that st Fort Wall in Virginia, ebe took im a cargo of float aad proc | to Pabie and thence to hie. where old by the master. under @ full power of attorney, given se h on & previowr voyage; thet the procerds of sale, together #ith the registry and ebip's pepere were re- mitted to the owners through arclay & Liv- ington and that all interes im or hoowledge of the | brig on the pert of the for od with | the sein of the brig mt Rie; that ehe was ly OF iuéirestly engaged in wy itegal tra roourent, aod that there o doctrine im the © 405 retorted to by the prosecation, hae no app ination fo (bis ones, in whieh @ full power of attor | ter or sell the war given to the ta ot Uapiat y Cromexsmined by Mr. Summert—When T ventd not beileve biga under oath when a great cot in at etake, 1 Dare iy opinion from bis general sadlt wat = | bette dh tos be I don't consider him @ man ot honor: he oi iey in this + deport himself an aman of strist honor should: | DAME fretended transfer oF sale, a8 in the case » the batts of getting money trom the privates | O71 1A Pee TO Weng To), Although ta oy i believe thet 1 was compiained to once of twice man Who would atoop to I don't know Vninary examination it ts p reoutinn to establieh auch ao r] tietion by w jury. it bas failed im this fast | entablish a case of probable eaase of commit re in nO evidence that the brig R: while in the posession of Me Tyro ‘ | tn other them & legal trade; and bo proof of tion on the pert of the cefendant of the act unvet x | wdich this complaivt is brought The complaint te, therefore, Ci mitered THe GOLD DEAT RoORERE, In the cone of ene United Staten ve. Sam) sho is charged with rtealing $1,090 w duet from » fellow. passoager om board the prepb. on her late voyage trom maine: ce tor the defence wa ded # not rubmitted to me #ty Of reviewing or approving of the sek ore generally sent to the howr ital it an of! see af po be roll, the eek men Mr. Mercrhew remained in bis quarters (her he Wes tick or well) Merrihow inay have been © femetine ®, but my impression i, that Ke Was not Fick ery time be reported bimself no; be was #ick #0 0! J applied tor a recond lieutenant, and got J, aud be aod T éid all the duty; when it w at Mr. Blood or any other officer went oat th quired, Let if it were known that M to tehe command net one woold waited for onde fo ome ry oT once going to @ Paseo,” and it w the KB fracle ibey Were not ell killed; they would have roperty; # agtor fen esughicted but for their own great covleen ond ‘er, and bad joes his aol by gambling. De- jucgment, the wen were atiecked by guerillas, and | © tore 3. W, Neleow, B Ubey aii came scattered back: this was owing to Mr Merribew's wont cf military ofil, and the mem were er ¥illine tO po out with him atterward+ he was he had power: that also m’ nto dislike him rroalled. and produced Mancow 1—Tn th rer. for etenling @oll dust to the value ot $1000. be longing ton fellow passenger on board the brig Cele graph, on ber inte vogsge from California to New Lm noracda | the Commissioner having received the evidence of ae Beau | for ‘he people and the prisoner, decided on committing 4 on the | Sbearer tor trial, ‘27th Maro! , j weeeentcame date, the claim of Rasheel PD widow of JW. Durham. No £3 04%, was soot 1850; 1 Ged thore marked from Wim Merrihew, Tur Parmrinas or tak Lats Mas. Mantsow.— ‘The death y= been abolished in Lows, and t whom they were browgbt to - roy a4 "Se pod tog nse samea © week te eet bave gone to Merribew for the money I had ad nm ‘on thore, if the claims had not been responded to; I | are “s Lever naw any of the cleimante that ] remember, one of Jefferson, Adjourned to Friday, at 00k. by the same artist ; one of Fen, 97 —Llentenant James D. Potter, sworn andes. | Trumbull, and one of Monroe, amined by Mr Lateon, —Lame ntot New | original, painted especially for York, for the lag’ three years; | was O09 of pave gave the éiiects of the lst rogtnient of New Vork voian | jy, teete , I vax fecond Lieutenant of company fT. of | bus, ond r.) Capt, Kaieebilé'e vegicnent , Twaseubseg soutty tease | covcrers, with many other bie