The New York Herald Newspaper, January 14, 1854, Page 3

"THE ASSASSINATION OF DR. LUTENER. Continuation of the Evidence~Testimony of Hays’ Servants—Interesting Evidence of Mr. Simmons—The Mystery Thick- ening. Before Coroner Gamb.. THIRD DAY. Atabout 11 o’clock yesterday morning the Coroner continued the investigation of witnesses in the case pend: ing againat William Hays and wife, charged with the as- sessination of Dr. Lutener. The room st the B-oadway House, corner of Grand street, at an early hour, was thronged with spectators, who exhibited a great deal of anxiety to bear the testimony as {t was rendered by the witnesses; and, if we may judge from the public senti- ment expressed, there appears to be # very favorable im- Pression exhibited towards the accusei parties. The evidence up to adjournment tends to point more towards implieating Mrs. Hays than {t does her husband, as in all probability, from the intimation mate by the defend- ant’s counsel, an alili can be established on the part of Mr, Hays, The police officers brought in Mr. Hays, and soon after Mrs. Bays, both having improved in their looks; and, as on the former day, they embraced each other, ard were seated apart, as on the day before, ‘The jury were called; and it appears there are but eight. We yesterday published nine; and instead of B. H. Brown it ought to have been G. H Brown. The following is the TESTIMONY. Zachsriah E, Sir mons sworn, said—I am a clerk in the employ of Mr. Wood; on Tarsday morning last, at about ten o’clock, Dr. Lutener came into our office ard bor- rowed the fimnatp of Mr. Wilson, and then lef! tae office; the next I beard of him was through Miss Shipman; she came to Mr. Wood’s office and rang the bell; I went to the door, and she asked me to go to Dr. Lutener’s office, a: something was the matter with him; I went tothe Doctor’s cffice, and saw bim lyirg on the floet; I frst supposed he bad fainted, and told her t> throw some water in his face; she did so, and I went to the door and called cur porter to go for a doctor; just after the porter left Mr. Word came up stairs; I told him to go into the Doctor's office, an I believed be had committed suicide; Mr, Wood remarkea that he was not fond of sach things, ‘and declined going in; Mr. Wood soon after brought up Mr. Eldred, and he went iato the office; I then left aad went to my ownofiice to attend to my business; when I first entered the Dootor’s cffice I fouad the deceased lying on the floor with his head resting on a small shelf under the tale; I think I remember seeing a payer in his hand—[At this jancture a fine little girl, :f three years of age, was brorght into the room. the child of Mra. Hiya. She ran immediately and bissed her mother and father] — 1 did not hear any report of # pistol on that morning, nor did I heaf‘any, noise like = person falling on the tloor; Wood's office is situated some forty or fifty feet fron the Doctor’s office; there are three or foar wood partitions; it ‘was from thirty-five to forty minutes from the time the Doctor borrowed the paper to the time Miss Shipman call- ed me; I did not see any person go in or out of the Doo to\’s cffice on that moraing prior to the oecurrence. To Juror.— When the Doctor came in for the news- per I did not obs«rve anything unusual in his wanuer; am not in the babit of meeting the Doctor in the mora: ing; I don’t think bw eslated ms; he took tke paper and walked out; Inever heard of any difficulty occurring with the Doctor in bir oftice; have heard of a difficulty he has hed with parties outsic«, but don’t know their names; the Doc- tor told me abou: the trouble; he was standing by my side, while I was writing; he relat das follows:—‘' It appears to me that I got into » damned nasty scrape about « woman set week; some man had got into a difficulty with his wife, and sl came to me for protection. I i ouse for 3 he dre ; pistol on me in the I had elso prepared myseif with » six- barrel revolve told this man, when he drew the pistol, to take’ good aim, for {’ve got one with alx els, apd if you don’t hit me with your barrel, I will hit you with one of my six; but I have held this man to Dail before Justice Stuart. After this little difficulty, I found out that this woman was not the wife of this man. I discovered that sbe was the wife of the man’s brother, and | intend to make a motion to hava him expslled from the Macoric Order. of which Iam member. I told my wife, the other day, that it was herd to have the name of doing one, sith a married woman, without having the e.’? (The witness here stated tha: he smiled at the jes.) I told the Doctor ‘I guess you did ‘we toth Iaughed,) and the Doctor replie ned nasty scrape, and he would never get into the like again.’”’ There was no more cumversstion betwesn us at that time. By a Juror—Have you ever had any conversation with the colcred man, Albert Allen, about Mr. and Mra. Hays, an’, if so, state what it was to the jary? Witness— Albert told me that a man came to him white he was standing on the staira one night; this man told him that he suspicioned that his wife was in Dr. Lute- ner’s office, and he wanted to see whether it was the case or not; he did not say the man was Mr Hays; he wanted to nee if the Dostor had the boldness to walk in the street with her or not; that he had understocd he had done s0; I pever raw Mr. or Mra. Hays go im or out of the Doctor’s office; the Dootor described the pistol that the man car- ried; 1t was atout so long, (exhibiting the length to be about five inches,) and a single barrel; my basioess is a broker; the Dector never told me about any difficult thet he hac’with eny other woman; the culored man said to me that be did not know who the man waa but that he inferred it wes Mr. Hays; this last conversation wita the colcred man tooa place since the eccurrence of this affair. Honora Kune sworn, said—I have been resi¢ing as a domestic in the family of Mr. and Mrs. Hays, in 127th street, near Fifth avenue, Harlem, during last five months; on Tuesday last I was living there; on last Mon- @ay morning I think Mr. and Mrs Hays both left the ; Lanow Mr. Hays did; he left every morning, sept on Sunday; on Mcecay Mra. Hays [ thiak was al sent f.om the house; she might have come to New York and I not know it; I forget whether she toid me she had been to New York, but I think she did; it was after din. ber when she came home on Mondsy; it was after 12 By the Coroner—What bind of dress did Mrs. Hays weer on that day? Witrews—She wore a black velvet hat, with black | feathers: sometimes she wore « light drab cloak, but I don’t know if she bad it on that day; I think she wore « | shawl that day. On Tuesday morning, I don’t know what time Mrs. Hays left home; Mr. lisys, I think, to the best of my knowledge, left about 10 o'clock on that morning; I did not ‘ee Mrs. Hays leave; Mra. Hays that morning had on @ green merino dress, I did not see her ha y shawl or I did not see her go out of the ; from the her with the green dress on, i did not see her again until 2) came home accompanied with an officer, fternoon; she then wore & nh and black velvet hat, and I think she H Hays entered the her some milk; she cid rot take it, and I then gave her some water, whish ahe drank i$ her thet night sot to take me as witne: if she could avoid it; I believe she made me no reply, e cept that I did rot have anything to do with it, or some- thing to that effect; I had no other convereation with her that night about this ccourrence; the way I heard of the oo- currence was by the police officers coming to cur house; Mr. Gibson ard wife called at the station house that night to eee Mrs. Hays; I was present, and heard the conversation that parsed between them; Mrs. Gibson said she had compassion on Dr. Latencr’s wife; I did not hear Mr. Gib- | eon speak; Mrs. Hays said something compassionate, but I don’t remember what it was; Mc. and Mrs. Gibson re- | mained ia the station houre with Mrs, Heys some t went minutes or more; I did not see any other person visit Mrs, Hays that night; 1 believe Mrs, Hays told me that she saw her husband that day at his office; I think she did; I believe she told me, or Mr. Cockefair did, that Mr. the Tombs; I pow think Mrs. Haya told me; | ve heard Mr aod Mra. Hays talking about Dr. er within the ast three weeks; I have heard Mr, Hays accuse Mrs. Haya of the tmpurity of Dr. Lutener’s conduct towards ber; I "t know whether Mr. Hays was jealous of Ur. Lutener; Ibeve heard Mrs. Hays deny the charge made about Dr. Latener; | have b Mr. Bayo use threatening lao, Gap) bad nae a — nay thet (Hays) & goo shoot him; I have seen a pistol in Mr. Bays’ Louse; b k that is the one. ‘The sma)l deceased was next shoen to T think that looks about the size Mr. Hays Hays; I never saw Mr. Hays Iced this ween the pirtol ee that morning, had " about the letters that Dr. Lutener ¢id pot make any threats gever saw the pistol in Mre, Hays’ hand; I never saw any marks or er gre on the pistol that Mr. Hays had; I told Mrs. Hays in toe station house not to sting me as a witwess if she could avoid it; Mra. Hays d, Ob, you needn’t tell;"’ she dia no: sey what. To « Jaror—i wae at Mr. Hays’ house on list Monday | eveniog, both Mr. and Mra, Hays were at home; on that | I cid hear some telk of Dr. Lutener’s name; it | oe to me that Mrs, Hays was ine faint and Mr. | Hayn wished t» put her to bed; Ineid to Mr, Hays she looked lke betog cead, and he replied, “she had a right | au om Tuesday mora. | up. the preskfast ready; | and Mrs. Hays did not breskfent together; Mr. Hays Dreskfart ficet, and in © few maoutes after Mrs. took her breakfaet: Mr, Baye was sot there; he did io the yard Peyary | “rn arb Got i i nr, : ime ao saw Mr, Hays in less than Sftern mnie tue left the 5 Utbiak ag tte ten o'e'ook train, breause it was eo late in the day; I pat the breakfast on the table orni-g. snd had nothing more ts do with it; Mrs. that ag; beer ope word of conversation between rt acd Meo Mr, Bazs ov that morting respecting Dr. Lu:ener; she told | | found him gailty of the erime, and about her sickness while in the kitchen; | did not after that time; when she left the kitchen she said, bye;”’ I think she toid me gs but'Tam retrure; Mrs. Hays bid me good bye before Mr. Hays left the house; I did not observe anythiog pecu Var iv the ac'ions of Mrs. Hays on that morning; ahe was always in the habit of bidding me good bye whenever she Iett che house; 1 don’t know whether Mrs, Hays was in the house all day or not; ake could have been there without my knowledge, if she went from ore room to another; I have seen & a ight key barging up in the house; they were not in the habit always of eating breakfast in the kitchen; there was come furniture sent out of the house; I heard Mrs. Hays aay she was going to Europe shortly; I had conversation with-Mra. Hays in the station house abeut the death of Dr, Latener; sys did not caution me rot to testify against her, provided I should be called as as witners, She only said : “ You need’nt tell.’” Cathe: Dempsey (a pretty looking girl of fourteen sworn, eaid—I reside now in Thirty-third treet, bet m Tenth and Eleventh avenues; | have lived a8 @ domestic with Mr. and Mrs. Hays for the last ten months; I was at their house on last Monday and Tuesday; on last Monday morning } heard Mra, Hays say se was r to New York in 9 o’clock train, but I did not ; after Mia. Hays left, Mr. Hays went from the house about an hour after; Mra Hays was dressed on Mon- ay in o plaid creas, black velvet hat, and black feath- era in it; I am not sure she wore a veil; I don’t remember whether she wore @ sbawl or a clook; she usually wears s light drab cloak, trimmed with braid; think she returned home on Monday, between one and two o'clock; Mr. Hays re- turned home at about six o’clock in the afternoon, his usual time; on Monday evening I don’t think I heard aay conversation, between Mr. and Mre Hays, about Dr. Lu ener; on last Saturday night I heard versation between Mr. ard Mrs, Hays about Dr. Lutener; [ only heard some of it; what I heard, it was about the Doctor sect cing Mra, Be don’t recollect the exact words; [ don't remember |. Haye nie anything back about ie Vostor; I never heard Mr. iiays make any threat towe:ds Dr. Latener; I might have heard, but don’t re- member; I believe I have heard Mrs. Hays threaten Dr. Luttner; once she said some words like shootiog or kill- ing the r; I forget if any one was present or not; I thin the other servant, Honora Kane, was present; the reason Mrs. Hays assigned for making that threat was, that tbe Doetor had nearly billed ner; she did not fay anything about any rs or papers at that time; before this time I heard Mrs Hays b apamng about the letters that the Doctor haa said that the doctcr held some prviate letters belong: ing to her, and would not give thee up, nor return them to her; the did not say she intended to any means to get the letters from the doctor; she told me that the let ters were sent to her by Mr. Hays when she was iu Eng- land; Ido not remember Mr. Hayes ree snr iiog tome concerning thore letters; I got up on fuesday morning be tween 6 and 7 o’clock; the other girl was up before | was; we had breakfast that morning between 7 and 8 o’clock; Ido not remember it Mr. and Mrs. Hays took breakfast together on that morning; I don’t recollect if either of them took breakfast; I think Mr. Hays took breakfast, but don’t know if Mrs. Hays did: the breakfast in the kitchen; [ think it was ten o’clock when Mr. Hays left the think Mrs. Hays left fiat, but I did not see her Greseed that morning in a plaid dress, black velvet hatand a plaid shawl; when I last saw Mrs. Hays with her hat and shawl on that mornirg it was between 8 ard 9 o’clock; it was in the kitchen; Iéid not see her leave the house on that morning; 1 think she told me she was going to New York on that morning, but for what parpose she did not say; I have seen a pistol like the small ore now shown, in the house, onthe bureau and on the mantel piece; it was something like the pistol here exhi sited; I do not reoclies: if I ever saw Mire, Hays have the pistol in her hand; I have seen Mr. Hays have « pictol in bis hand similar to the one here shown; the pistoi I saw on the mantel piece and bureau [ think was the same I saw in the hand of Mr. Hays; I don’t remember ever hearing Mr. Hays makiog any threat agsipat the life of Dr. Lutener. To a Juror—I take care of the children; I am more in the company of Mrs Hays than the other servant; { heard Mrs, Hays say on Monday evening, that she I did not hear any conversation between Mr. and Hi bout her sickn I did not hear Mr. Heya tell his wife that she bad better send for Dr. Lutener; on Tuesday morning, Mre. Hays left the house about an hour before Mr. Hays; I last saw Mrs. Hays on that morniog, between seven and eight o'clock; she was them getting ready to pat her hat and shawl on; before Mrs. Hays left, I went to the grocery store for her. » By Mr. Wild, Foreman of the Jury—Catharine, what to the store for? {Te witness colored up, hung down her head, and paured, All was silent, as it was expected, from the ap- pearance of the girl, that an apswer would be made de veloping something terrivle. Some few seconds elspsed, All ears were very attentive to ‘The Coroner, in a very mild tone of voice, placing his face close to the witness, said,\—Catharine, don’t be alarmed or frightened to make an ant + Speak out— tell the truth: no one shall harm you. ‘Still the poor girl seemed embarrassed, and made no see her “good years of al reply. 4 Juror—Don’t be frightened, Catharine, Speak the truth. No cne shall harm you. Coroner—Come, Catharine, answer the question. Tell tne truth, no matter who it may concern. Catcarine then made a kind of mction, as if going to speak, but cicn’t, ands number of spectatersgave a loog breath, having held themselves in for the astoundicg disclosure supposed to be coming from the witness, but had to give vent to their stifled feelings. No answer yet. The large number of per ons present were now becoming very impatient, and Coroner renewed his persuasive appeal to Catuarine for an answer: state to the Jury the truth. Don’t be frightened. What did yeu go io the store for? ry was now manifested. Counsel for the prisoners pricked up their ears, ros: from their seats, and leaned ov. vidently fearful that some portion of the answer might escape their notice. A last the affrighted girl appeared inclined te answer. after the last appeal by the Coroner Catharine—Did you say what did Igo fer? Osroner— Yes. Catharine—Well, for eggs. The answer caused a general burst 0! laughter from ali Present, and respiration was renewed with its usual vigor. The witness continued after the excitement of laughiog ‘was over:— The greoery store is kept by Mr. Saiffia; the stere is two streets from our house; 1 did not buy any powder; when I retorned to the houre Mr. Hays was up stairs; I did not see Mrs. Hays; I looked at the clock when Mr. Heys left; it was then ten minutes before 10 0’clock; when Mrs. Hays came home in the evening I ¢on’t remember whether I opened the door or not; I think the first thing she sald to me, todress the children, pick up some their Question by a Juror—Did the net ray to you—' Now re- member that it was ten o’clock when I went out this morning?” ‘Witmss—No, she did not; she said to me—‘ Don’t you recollect the time I went out this morning?” I satd yes. Quertion—Wha: time wae it? Witnees— When I laa: saw her it was between 7 and 8 o’el ck; all Irecollest her saying to ms was—"‘Don’: you kpow what time 1 went out?’ I den’t redollect hearing any conversation on last Sunday evening between Mfr. Mrs Bays regarcing Dr Lutener. By a Juror—What answer did Mrs. Heys mabe to Mr. Hay: when they had sogry words together about the | clothes; and soon after she went out. | corduct of Dr. Lutemer towards her? Q ag ig om not recollect the words made use of by irs. Haye; they were very ang: ther; I heard Mra. Hays threaten ouce to kill Dr. tee before Mr. Hays left the howe that (Tassdsy) morning. I went through all the roomsand did not sre Mrs. Hays; no p* fon me nor given me advice about the affeir don’t recollect sceing the pistol in the house on Tuesday after Mr. ond Mrs Hays left the house; I recollect seeing the pistol lest in the hand of Mr. Hays; I am no! positive that the emall pistol here shown me is not the one Mr. jay or it may not be—I cannot tell; I have Hays shoot off » pistol in the yard; it was dons Monday or Tuesday heel in the morning; I saw him shooting {t out in the yard; I could not say whether he shot at ® mark or not; I have often seen him doit; I never saw Mra, Hays out inthe yard shooting off = pletol; I don’t know if Mr. Hays kept powcer ball in the Bouse to load the pietol; I never heard Mr. Hays fostruct Mrs. Hays how to fire cif the pistol; when I went to the store for the eggs I think Mr. Saiffia’s son served me; I did not take @ written order for the articles Mra. gave me the money; I did not bringa package from store. Q—Was ever sent, by Mr. or Mra. for an: joréer! A—Novinn resign By the Coroner.--Did Mrs. Heys haves maff with her whenebe left the house on Tuesday? A.—I don’t kr ow; sometimes she did, and sometimes she didn’t carry @ muff with her; the color of her muff is white and bed hat To Mr. Busteed.—I don’t think ft was as late as 8 o’ck ck when we had breakfast on Taerdsy morning. they ‘Mr. Wild, foreman cf the jary, asnoanced that wou'd now take a recers until 10 o’elock in the morning. Court of General Sessions. Before Jacge Beebe. Jas, 1B Grand Larceny. — Be muel Ith JAM. — : muel Inthohilés, son- vioted of stealing several si k cravata, valued at $70, fiom Eno, Mahoay & Co., was sentenced to two years confine- ment in the State prison nest uy lerly ee ee, Bro vee Claus Ber, Rext appeared sentence, been con vieted ef heepog disorderly house at No. &3 street, The Court imposed upon tim a fine of $60, w! belog pald, he was set at liberty. s Petit Larany —A youtt, pawed John Williams, pleaded wilty to the above charge, and was sentenced to be con Baed ip the Peniteatia:y for six months. " nee ng og Pig 3 wee mber of hogs from Mr, Schaffer. valued at 860, and wi ntenoed to two years imprison- ment in the Stete p: ison, ts csp CONVICTED. Assault cnil Battery — Rossi Lois, am Italian, wae then placed at she bar, charged with stabbing the keeper of Gricking satoos, nemed H. Bok, with a dick kuife, there. very severe flesh wound. The prisoner was ‘tempt to k ll; but there not being sufi- warrant a conviction of the more heinous Offenee, the jary ‘cuad him gailty of assault and battery only. Sento: ca deferred Burglary in the Third Degree —Thomas Healey and Jaco Wilson, twagboyn, were tnen placrd at tae bar, charged with burgleriously entering the dwelling house of Patrick convicted of atealing Mulvey, while his family were a>sent at @ ball. Tae prisoners were fouad secreted in the next yard by the offi- Toe isp this car retiring three boura entered the court root rendered a verdict of guilty sgainst beth the prisoners, recymmending them at the same time to the mercy of the Coart. The prison- ers were remanded for sentence. a Slumg S)ct —Mishael Garney was then placed atthe bar, eberged with having in his session, and while in's quarrelecme mord, oui thot. The ‘jery mandel for sentence, Witnerse: pred Laine sd ho tee: s fled to the good ebarsc‘er of the defecdent, i ae Porgery in the Se ond Lewis R Morgan was then placed at the bar ebarged im the indistment with passing 5 es gt. the Meriden Beak, of Coon, com the ‘ence, peare’ that the prisoce: paswd one of the tpurious bills om the condueto: of the New Jersey Central Railrosd Company, by buying a tickst for jury witho 2 and be wan remacded for temtence -_ sone” them Jook @ reo*ts until Monday morning, at or a THE LATE POST OFFICE ROBBERIES. United States District Court. Before Hon. Judge Ingersoll. THE UNITED STATES AGAINST THEODORE A. ROSSIE FOURTH DAY. Jan. 13.—At the sitting of the Court {his morning, Mr. Dunnirg, Associate States Attorney, said he arose to ad dress the jury with feelings somewhat different fom those, doubtless, entertained by the coumsel for the de- fence. They have ted the feelings under which they have presented the case to the jury; they have brought before them the consequences which will result to the prisoner ifs verdict of guilty should be rendered; they have told them that not only are the prospects of this young man to be blighted, but that his innocent wife and cbild will share the degradation. On the punishment that must follow on s verdict of conviction, he, Mr. Dun- ning, felt equally with the counsel for the prisoner; he felt with them that the consequences are the most seri- ous. When they looked at the prisoner, they, ss fathers, as husbands, and as men, could not but feel that the posi- tion in which he is placed is a most unfortunate one. He “ym thizei with him; he sympathized with his wife and , and the jury could not but sympathize with them also, It is impossible, gentlemen of the jury, but your sympathies must be enlisted for them; if not, you must be more or less than human, It is proper that these feelings should exist but of all the jury box is the last place where they should have influence. fhe jury were to pass upon the guilt or innocence of the pri- soner without regaro to the consequences that may fall upoa bim, or those nearly and dearly connected with him. You are to discharge your duty regardless cf the conse- if you ¢o Jew than this you will do less than iy ed upoa@ you; and you cannot, as candid and im jurors, be tsithful to the obligation of your caths. It is my cuty to present the facta as they have been proven by the government, and I shall endeavor to do so without distorting those facts, and without any coloring. I will not introduce one fact thst will convist this man, unless 1 believe the evicence fully and entirely warrants it. I am not here to convict this man unless he is guilty. The government {s not here to seek for vio tims I will endeavor to present the case fairly and can- di¢ly. Indeed, it would be a much more pleasant daty for me te stand here pleading for an acquittal for this priener; it would be much more in accordance with m; own feelings to ask at your hands a verdict that wou! discharge bim and return him to his family; but I have another duty to perform, and that duty shall be dis- charged fearlessly, fairly, and idly. I re- gret exceedingly that one of the counsel for the the prisocer »hould have found it necessary to y tbat this was @ case got up on the part of the government and the government employes for the mere porpow—in fact, that it wass somepireey, for the pur- oae of convicting this innocent man. Tois only shows > what shit's and resorts even ingenious and candid counsel may be driven in a desperate care, No man knows better than the learned counsel himself that 20 such object existe¢—that no such purpose existed—that the general government nor apy of their officers were en ged in this prosecution for the mere purpose of irg this man. This shows, indeed, that thrir case ie barren and incapable of any better defence, Itia said that the letters were ‘‘deooy letters,” and that no loss wat sustained by any individual; but, you are to say whether the gold ring and the gold coin had been ab- strsctei; and as to whether the government or an in’i- vicual haa been the lorer, you have nothing ‘odo. Mr Dunning them proceeded ‘clearly to state the facta as they bad been adduced, and had no doubt that before he had cop>luded he would show that the theory cf the deience was entirely untenab! Having reviewed and com neated upon the evidence at consider ble length, Mr. Holbrook said he supposed he put xing inside the folds of the letter, terwards thought he put it upon the letter wax within it to fasten it to the letter, ard waxed over the top of it. This ring must have been placed inside of this part of the envelope. He must have opened the envelope to get at thisring That the envelope is not a part of the letter we have not attempt: edtodeny, 1submit that in the question of opening these lette: have no doubt. Unless you believe that these witnesees have perjared themselves, you can- not pace ecnfidence in this explanation. These men could have no motive for so doimg. I submit that the only earch mace was the searching of bia pockets; which amounted to nothing, because he, shrewd am cunning as ke was, would not have allowed it to remain, They ray that we bave only called five cierka out of the hundreds in the Post Office; but where was the resessity of calling more? All the five clerke #1 y that they saw 0 one Sprroaah the table except the young man whem we have introduced in the testimony. If you r quire stronger evidence than that introduced in thin case, it be con- trary to all past experiexce, When, as jurors, you come to consider the arguments on the other ride though your ferlings may been touched by what the counsel has said of the conequen which may reeult from your verdict, with tha! yon have nothirg todo. However uppleasaat your duty may be, ‘ou will Gisehs rge it to the best of your ability, uamov. yy any # considerations. I need not stave w you the braps rye waich ere held out to the clerks employed ia the Post Office; and in a case where the proof is so direct as this, if the guilty party should escape, you wili say they may commit there acts with impuni The evidence bas been published and gone e whole Jand. Your verdist Reece) is of gre import, and upon it will depend in rome degree the asfety of our mails a regard to the tes imony of Mr. Coffia, are you prepared to sey that he perverted the truth? Tnese letters were given to him with tae ey press purpose of beicg banded into the office in the same condition as'when he received them, He aweers they were in the same condition. It ie too much of an intelligent jury to ask then to bo- at the ring should have been so lost. If it were Rossi have seen it? He says be did, and that he resealedit. That overturns th le theory of the cther .ide. If you believe that explanation, you ars tourd to believe that the letters wers inShis pocket, whioh is not ia proof. This was the + flice coat, and he would vot be likely to wear it out of the office. Mr. Hol- brock tells yor he stood in view of all that took place at Rossi’s table, Unless you believe that these wit- xestes have wilfully perjured themselves, you cannot Gisbelieve them, The learned counrel then, in « few words, submitted the case to the jury. The Judge then proceeded to deliver his charge. THE JUDGE'S CHARGE. The Judge, in charging the jary. Gentlemen of the Jury :—The indictmei bow to pasa upon is founded upon an ast of Congress ju May, 1 ‘The Congrers of the United States, predations that might be committed, both by persons employed by the government in the Post Office and by persons who were rot employed by govern: ment upon the mails of the United States, enacted that law which bas been read to you. The twenty-first section seems to be aimed against persons who were ewploged in the Port Office. and some of the provisions of it papish the violators of these provisions with gest eererity. The twenty-s cond clause which bas been read in your hearing, seems to be intended for persons other thau those who wore em ployed in the Post Office It appears to be against those offencers who sre not connected wita the Post Offce, but who might commit offences in relation to the mails of the United States. But for the same acts committed by perscns who are not employed ia the Post Office. I say those acts committed by each persons are not punizhed with as great a degree of ssverity as the seme acts committed by persons employed in the Post 0 nd which are provided fur in the twenty. first se0- tion. are several ciasies of offences included in this twenty fizet sectior—five or six It is proviced in the first place, that if any person employed in the Post Office aball eviawfully detain, delay, or op-n any letter which was intended to be conveyed by post, whether he takes apy thing from the letter or not, if he detsins or Colays it in any way uplawfully, or opens it when {t was intended to be conveyed by post. It is always provided, that if any person shall secrete, enbesrle or destroy any auch letter, he ehall be punished also, bui in » different mode. In any case, however, it is provided that if any person secrcte, embezzle, or destroy apy letter, or mail of letters with which he may be entrusted, and which letters or mats of letters are intended to be conveyed by post, he shail be punished. And them the provision upon which your attention bas been called, comes in:—that if any person employed in the Post Office shall steal or take out of sny letter anything of value, he shall be panished tn the manner which has been prescribed by that act of ‘And, gentlemen, it will be remarked in the {ors in relation to the detention, de sy, or the secreting of » letter, it ie reqalsite that that letter be conveyed by post. Im that part of the act to ich your attention has been called, all that is said is tbat if any persom in the Post Office sball steal or take out cf apy letter amjthing of value, be hed according to the requirements of the act—alwaye iced that; if the said leter shall be intenced fo te conveyed by post. If it were ne- ovrne gentlemen, to upon the question as to the other pri vision of the no: of Congreu:;—when It & I-tter im such « econcitiom that ii may be said that it was intenced to be conveyed by Faget I should feel very strongly inolined to think that when a letter wae de- pesited in Pre Office, po matter what the secret ia- tention of the individesl was who thus deposited it; if it van Ceporited in the post ¢ffice, 20 far as !bose who were connected with the post office were concerned, provided is was Ceposited in the usual was--s0 jor he Bs 7 2 them-it would be considered as being Ceposited with the intenticn of being tramamitted by post, end that frem he time let'er wae no Ceporived: It was fo the act of emission. But, gentlemen, it is not secessery to pe an opinion uy; that eubject, because this particn section or Of the section to which your atten- tion has been called is different from either sestions of it, There ase two questions which have beeo raised upon the trial of this case. The first of these questioas is whether upon the fects ae claimed by the government there bat been sn offence committed egainst this law of Oongrens That question, geatlemen, is entirely a question of law. The Court is retponsible for all questions ot law and for ther correct determination And, gentiemea, it is your duty to take the Jaw as it should be given to you by the Court, as itis responsible for the law The next question ie tnat upon the violation of the Jaw of Congress, whether the facts claimed are ru of, and whether Rosie is the guli " en, 14 a question for you alone to cecide upoa, and y u reapuas dle for the correct determination of the qu m as itine ques ¢ Court fs reepensible for the determtas- of the question of law; the jury is responsible for the mication of the questioa of fact. Ic is claimed on the part of the prisoar)’s counss! that there has been no effence committed, and they rest their clsim upoa the counts. They say, in the firet place, that the letters from which ring ead cola were taken, (if they were taken at all) were not eo placed in the office that the offence created by the act could be committed by from article of value, They claim, that if the letters were so placed ia the office, that the offence coald not be committed, and that neither the ring ton ee nor the coin were taben out of the letters. Now, upon this rabject, Chey as it ie my duty to lay dowa the law asl ve it tobe, I instruct you that if these Jottora were placed ip thel’.s: Office, as Mr, Halbrook and Mr. © fin #1 that they were, aod about which there is Bo coptroveray—if they were go in the office—end, fur thermore, gentlemen, if this reg aad this gold piece were placed under the real, as cia med by the defe: dant’s coanrel, that they could be £0 ‘aken out of the letter withia the wirg of the aet of Congress; and, lemen, it makes po of differesse wi is i within the writirg, erelospd withia the envelope, or uncer the real. The teal certainly protects that which it is intended to secure, and that which it was > otepced that the seal should secure, was intended to be protected by this act of Congress. can very reedily teo that articles placed under this geal in the way that d+ fendsnt’s counsel claimed that this ring aod coin were placed, are much more protected from depredations than articles @ the like kind would be when placed, in me instances, in a letter in a different way. For instance, if they were placed in the old mode into letters, as was the eustom before these envelopes were in- troduced, whem they were very loosely placed inside the letter, and when a» man ,wi one finger, without Breaking the seal, could take it oat, they would be protected by this act of . The second question is the question of fact. If facts, as claimed by the government, admit of no reasoneble doubt, then it is yoar duty to convict, regardless of what the conse quences of such # conviction may be. It so hap- pens, in the bistry of crime, that the innocent oon- nected with the guilty are ot to suffer in conse- quence of the acts of the guilty. But that is no reason why the jury should not convict provided the evidence given in the Court satisfies them beyond a rea- sonable doubt that the offence has been committed, and the party charged is the guilty one. That, gentlemen, you aresworn todo. Itis not enough to prevent a con. Viotion that another person may, by some possibility, be the guilty one, In most cases that come ap there ioe possibility that another may be the guilty party; but the true rule is that if the jury are satisfied beyond a reason- able doubt from the evidence that the prisoner is guilty, it {# their duty to convict, although there may bes pealaniy that another person may be the guilty party. t, gentlemen, what is meant by a “reasonable doubt?” Tcannot expreas myself better than in the languege of the Supreme Court of Massachusetts, in the brated case of Dr, Webster. In that case, in the obarge to the jury, the Chief Justice laid it down thus, after telling them that they must convict if they were satisfied be. yond & reasopable doubt that the accused was guilty. He tald:—“ It is » term often beard but not defined. It {a not mere possible doubt, because thing relating to human affairs is open to some possible doubt. It ts that state of the case which, after a comparison and oon- sideration of the evidence ,leads,the minds of juries to that position that they cannot feel s full conviction to » moral certainty of the truth of the charge.” So, gentlemen, if the evidence given in the court leaves upon your minds that you fee) an abiding conviction—a moral ‘certaiaty— that the charges set forth in the indictment have been proved, it isthe duty of the jury to couvict, although there may bes possibility that some other Brags may be the guflty person. But if you have not that abiding conviction or moral certainty, then, gentleman, it will be your duty toarquit, Tue letters which have been the subject of examivation, gentlemen, it is admitted, wore prepared by Mr. Holbrook. On one of the letters there was placed and recured under a seal @ goldring. Ia another letter was nee gold ¢ in under the af, val ued at two and a half doljars. Mr, Coffin, on the morn: ing of the 12th, placed them in the Prussian box, then under the chrrge cf Rossie, atfive ta the morning, and before Rossie come to the office. Soon afterseveno'clock, and after Rosato left the office, the letters were examiaed, and the seal of the letter with tne coin was foucd b oxen, and the coia abstracted The ring letter was at that tine sealed, bat with s different seal from that which was on it when Holbrook handed it to Coffin, aud upon breakiag the seal it was found that the ring was gene, I state there as fr becavre I believe they are admitted as such. The question is, whether the letters were, at the time they were placed in the Prussian box by Coffin, on the morning of the 12th, in the same condition that they were io at the time they were handed to Cof- fio. The sbstraction must have been made by some one, and the goverament attorney says Rousie was that some one, The question for you t» determine is, wheth- @r you are satisied from the evidence that he is that saree one. If there is an offence committed, and there are several in the situation to have committed it, and only one committsa it, you caunot say which one it fs; but if only one is ing rituation to have committed it, then i: follows hat as it bas been committed by some one, and as there ie but ons individual in the situation, it must be that person. ‘The govera- m ‘tates that there wes no one ia the condition to commit it but Roesle, for the reason that Coffin was on the watch and saw no one go to Roasie’s table, They say, also, that Rosie went to the Great Britain boxes and afterwards to the Prussian boxes, and Holbrook saw him examine the seals and light a matsh avd apparently real a letter, and, placing it on the table agab , he examined other seals;and they ray that this testimony is alone enough to satisfy you that he is the guilty party. But, on the other bard, itis alleged that he cid veel a letter, and that the reason was that the seal bad become brokeo, and that, instead of taking the ring out, ho purhed it back and resealed it, and that the ring was then under the seal. It is admitted, however, thet when the letter was opened before the Com missioner there was no ring under the veal In reference to the attempted ercapa of the prisoner, the Judge remérked that the rule of law was that when the offender bas been committed, and immediately after- ward if the guilty party, under the icapression tha: he might be suspe-ted, attempts to esenpa, that hia flight te ® proper circumstance for the jury to see in it the con- eciournecs of guilt, unless the escape is accounted for tn some other manner. At the tine of his arrest, Keller arked bim what the difficulty was, and he replied that he bad Bad some difficulty with the Postmaster But there ‘was no proof that there had been any difficulty between bim acd the Postmaster, any other than that which might arise from ths traavaction, As you have the Might to comment ca the evidence, it 14 for you to ray what weight shonla be attached to this attempt to escaps, The learned Judge commented upon the remainder of the evidenoe briefly, and concluded as foliows:— Yeu have heard, gentlemea, the witnesses tell you how thin letter was sealed, aad the natore of the wax with which it was seakd, you have seen what that eax wae, avd it is for you to cécice whe her you believe the article wea dropped into the pocket of dir. Coffia before the de. posit. If itwas, thep, so far es this is conc? ned, no fence has been committed. Rat if Roaate teld the trath when he said he eaw it endif Mr Holorook states true whew he rays it wa’ ores it is for you to way what weight shovld be given to this corsiceration. Tais case is important to the padlic, end it is important to the acoused. You sre not to let your feelings sway you on the one hand or on the other You are swora to decide this case according to the evidence given you in court, and I have no doubt that the oath you bave taken will be feithfully kept. if that evidence piven youin curt Jeade you to the conclusion tbat Russiv fs the guilty party, then you are sworn to convict him, whatever the consequerces may be. If you are no: satis fied, gentlemen, beyond @ reasonable doubt, that ho ts the guilty party, then it becomes your duty to sequit. At half past do’clock the Jury came into court and acked the Judge to read his minutes of the testimony as to how Mr, Coflin carried up the letters to the Pustmas- ter’s room—whether he carried t! in his proket or not. The Judge was no ev.dence as to how he car ried them The Jury again retire’, but not having agreed at twenty minutes past 6, the Judge left the court directing the Marsbal to send for him when they bad agreed. The jury at 11 o’clock notified the Judge that they had not agreed, and it was not probable that they would, curecquently they were cestrous of beiog diasharg The Burning of Metropolitan Halt. INVESTIGATION BEFORE JUDGE SIUART, OF THE CHARGE AGAINST JAMBS NCGENT, FOR SEITING FIRE TO METROPOLITAN HALL. THIRD DAY, ‘The court room was densely crow’ed yestercay after noon, at the opening of this case, Many were un. to get inside the rcom. Captain Charles Wright was first sworn—I live at No. 14 N nth street; my business is hotel keeping; [ was the oly lessee of the fa Farge House ; ths Ls fargs House included tae Metropolitan Hall ia prosps:tive ; 1 be- Neve the fire broke out about half-past twelve o'clock om Sa‘urdsy night in the souchwest oor- per, back cf the stage. in tte Metropolitan Hall; so 1 Bave been told; I was at the hotel about 8 o’clock un the night of tse fire: there was then no fire bask of the stags in the conesrt room; thero was no fire anywhere that could communicate with the concert room; no fire in the cooking range of the kitchen on Satartay or F ay, to my knowledge the segry Fete ts uacer the epee t rcom; the coneert room is hoated by ateam only; no dry heat cs be communicated to the concert room ths steam that heats the ¢ ncert room is generated ia the vault uncer Mercer ‘street, on the southwest corner, fire had been used in the epgine room every day for goue- resting -team; no steam, to my knowledge, was conveyed in the oorcert room on Saturday ; it was m t necessary, concert ‘e coal is used in heating the smoke from the furnace are carried away by a flue; the flues conducting the smoke, gas <s., from the fi:en under the boilers, (aader Mercer street) Jead to am upright flue, copnecting in the sub cellar, ia the basement, under the eoncert room of Metropolltan Hall, and rue through arches, formed of bricks and mor- tar, the wall being twelve inches thick, with no wood within three to four feet of conrection with th which leads up, perpendicularly, abovethe roof; there are nO sppertures in the flue which ocrnmumieates with Metro: politan Hall; the bricks are anchosed in, eve:y alternate orick being let imto the end of the wal; ! have followed bo other business bu: that of hotel ao 1 watched the construction of the flue myself from its very com meneement, with a view of having it paren secure | ageiret the obances of fire; the flue vag built by days’ | work ; there wae no timber within eight inobes of the outside of the fue throvgbout its whole length; I have it suy heat in the flue, beyond a moderate one, the engines were running; the fire jan at o dis tance of over filty feet frem the ru-face of the fire in use; there were no bot air furnaces batiding, aud none tructed for the pu pores of use; there was aa open platform of the stage, which was used things not mueh ured; I do not ka what Under it at the time of the fire; orders had be r ‘week previous to have it cleared out; thls engine ated the hotel as wells the cono rt room; thera was only ene flue used for the Craft of the boilers; the steam wi carried into the hotel by tron pipes, beaeath the floor, uncer the bavement; the kitchn was in ths berement, uncer the dining ratoon; I had but oae intervisw «ith Mr. Nogent relative to the fe, which was om Sunday, afver | the fire; he raid he Jeft the Hall at about half pest nine P.M. the night before; hed me other conversation with him; Mr. Nugent bad the keys of the Hall; it was not ne | any oe him to be there at that that Lam for siowing & . ieee, here wished to ask a question, ante —Lpever gave out washing from the hotel, wesherwoman there {ir door on Me or. f the Hall; Mr. the Hall; the flus from the cooking spperatus was separate from others, all the {i168 g up ina stech; the flues are all sound at this time, having examined tuem myself, Robert Orr testified as follows:—I live in Went Teenty seventh street; my business is carpenter and bullier; I Ls with Nagent about the fire; I merely mentioaed the ing to him; he said the fire must have caught be- bind the rtage or uncer the stage, he stated this tke next day; he told me he I+‘t the Hall about half past nine; | batlt the Lafarge House; I left there on Saturday evening abvut five c’clock; { wan mot in the concrrt room op Seturcay; I was in the diving room ten or fifteen timer; there was oo fire om Satarday io the cooking range ia the dining room, to my knowledge there was po possibility that fire eould originate from | the flue: ; there war eight inches of aclid masonry be | tween the flues and Tush work; I am @ practical | carpenter and joiner; 1 have been s builder for sixteen | years ip this city; 1am note mason, but have had mach fo experience in masonry; | have paid ular attention to the flues of the Lafarge; more atiention to the fives, and wood work about thew, than to any other part of ‘the building; as a mechanio, it ie my opinion that it was impossible for @ fire to originate accidentally from the flues; Isaw Nugent at the hotel on Saturday; Ido aot know that he was there when I left; | went to the tire about 8o’clock at night, David Luther.—t live at 17 Pe ry street; Iam aoeng: neer; I was employed on the engine of the Lafarge House; I had charge of tne engine for heating the pre mises; they were heatec by steam; the engine was uder the side walk in Merser street; [ was at the hotel on Satur ¢ay from 6 o'clock in the morning till 12 o'clock at night; in the day time we carried about forty pounds of steam. ia the night time about thirty pounds; the fire is always about the name; a Itttle heavier in day tice than st night; the fire begins to decrease about 6 o'clock in the rr ni noon; the fire is one third less, perhaps, after 6 o'elook than during the day; I went hom the freoccurred; there was no one I did not come throngh the concert room in the building; I had been abed ond asleep but « few minutes when J was awabened by my w who eaid that Metropolitan Hall was all on fire; wi I it fire in the furnaces was very lo the it was impossible for the fire to oscur from the steam pipes; it could not occur from the flues; I have made an ext ination, and the flues from the furnsce do not go within fifty or sixty feet of the place where the fire is said to have originated; the fire was just breaking out of the second story when | got there—the south coraer, in Mercer street; all three of the doors on Mercer street were then open; I then saw Mr. Nugent on the northwest corner, and half # dozen with him; I heard bis wife sing outto him, he would get hurt; I then stepped up to her. and told her not to go Kndhoneg | she would get hurt: I then went into the en, room; | told my fireman to let the steam go down; fires were then very low under the engine; in returning I stood in the gangway, on the north side of the kitchen, and saw theffire in the kitchen just breaking through the upper floor, coming down; there was no fire in kitchen during the day; ing room is immediately under the stage of the concert Po orn 1 nea in ee saan feese was no ey e range, nene exce uroing through the pene cece Goel ae dining room; I think the fire was : at ten feet from the south end of the dining room; I jink,the fire was under the hall, about five feet from the wouth'end of it; I pessed from the kitohen, through the basement, into the hall of the hotel; then I opened the door of the south dining room, ana fount it all of a blaze; this is the dining room over the kitchen, and under the stage of the concert room; it was the floor of this room that burnt through into the kitchen; I could not state what was the condition of the oeiling over the dining room; in the north dining saloon there was n0 fire which was not under the stage; at this time the fire was oon- fined entirely to Metropolitan Hall, and had not reached the hotel; I saw Nugent on Saturday on the pre- mises; he let me in the northwest door of the hall {a the morning, to shut off the steam; he kept the keys of this door; these doors (on Mercer street) are double doors, and fastoned with lock and key; Nugent carried the keys of these doors, so farasI kaow; th docra were open when I got tothe fire; I cannot sy when I last saw Nugent on the place; I saw him in Mer- street, corner of Amity, in the early part of the eve- ning; I spoke with bim; I said, “Jimmy, [am going to take something to drixk; will you take something?” (isughter;) he took a drink with me; thisis all that was said. I went into the engine room; I Jeft him at this drinking place; he said nothing about the premises; I saw him next day after the fire, in Mercer stree:; I spoke with him about tho fire, 1 asked him where he en the fire frst broke out; [said * Was you here??? “No; Iwas heme;” I asked “Hed you gone to heesid “No; Iwas shaving; he ssid he had his shoes off ; his wife got him some hot water, and he was sbaving; this is ail the conversation I had with bim at this time; at another conversation he said ‘ They say the fire originated in the hall; it did not origiaste there;”” Isaid “+ Yes it did; it was there when I got io the hall; this conversation was on Monday; this {s ali the conversation I had with him, excepting’ afterwards I tried to get him a berth on board a steamship, or some thing of the kin¢; he had » large family and wanted something to do; Mr. Lanier and uis family, and another man and his wife, occupied the hotel the night of the fire; this is all I can state of the fire. It beiag row late in the day, the proceedings were ad- journed till Monday next, at three o’clook, P. a. Superior Court- Part Befure Hon Judge Duer and a ig JAN, 18.—David W. Wetmore against Joseph W. Hancox, —In thin case, reported in Tues sy’s HERALD, and which has cccepied all the week, the Court charged the ju-y this morning, that it was purely # jury cause, and one imwhich tke Court could give them no direction asto their verdict; the parties ars equally innocent, and the loss ought mot to be cast upcn the defendant unless the jury were satisfied that the accident bappened ia the manner imputed by the plaiutifl; if the jury believed it did occur as charged in the complaint, then the plaiatiff is entitled to your verdict. The plaintiff is alo entitled, in that cage, to recover for the expense in repairing the barge, 60 far an to place her in her orizical condition, If she was improved by the repairs, and made betier ant wafer than she was before the accident, a deduction ought to be made in favor of the defendants. The plaiatit! is not entitled to any profits which he might have earoed with the barge during the time she was dissbled; for she might have been otherwise lost, or the plaintill might not have iound «mployment for her sli that time. im cage you think the piaintiff entit'ed to your verdict, recover for any perrpective loss—only for the act incurred by placicg the vessel in ber origi and for the camages that be paid the owne on board. The jury retired under the above charge, and, after an abstnce of thres hours and ® half, rea tered « verdict for the defendant. Reulen Vor and others, against James Harty—The plain ills im thir action are boot and shoe merchants In this city, dong business under the fi m of Vose, Wood & Oo. ; end on ihe third of July, 1861, the defendmn: iatroduced to the plaintiffs one George Mostyn, asother boot and shoe merchant, doing business in Kingston, Canada, and represented Lim to be perfcctly solvent, and ia good standicg, and was god fer ail he would buy aad would psy for whatever gootc or merchandise the platatita might sell him. Upen these representations, the plaia- tills roid the defendant goods to the amount of $749 98, tccepted therefor three certain promuory id defendant, ‘atec July 8, 1851, each for , wt four, 6x and eigbt months, The first aote was paid at maturity, but the other two were protested for non psyment. Ths plaiotiff alleged that at the time of the sald irtroduction and representations Fo made at aforcratd, the des t indused the plaintiffe to well to the ssid Mostyn the above bili of goods; and that the deferdant well knew that be was at ihe same time wholly -naolvent and of no pecaniary ability whatever; and that the aforesaid statemeats and represen‘ations Were utterly felso, and made with the intention to de- ceive the pisintifts, by reason whereof the latter sus- tained damages to the amount of $493 32 This nuit ta brought against the defendant to recova that amount with interest. Mr. L. B Shepard andJ G. Vose, counsel having examined one witoess aud read testimony taken de bene exse, reset when Mr. Wm. H. Ion ecunsel for the defendant, moved for & non suit, on ground that the piaiutiffe had mot proved that ‘the ce‘encaat koew of || Morty n’s insulvency at the ims ke introduced him to the plaintiffs. ‘The court granted the motion and ordered noa-nuit to be entered, subjact to the opinion of the ocurt’ at ener al term. The trial term then adjourned until Mon’ay morning next, when a new jury will be swornin for the balaces of the term. United States Commissioner’s Court. Before J. W. Nelson, £:q. REVOLT AND CONSPIRACY TO MURDER THE OFFICERS ON BOARD THE SHIP DEFIANCR—COMMITTAL OF THE MUTINKERS. SECOND DAY. JAN. 18.— TheUnited States vs Thomas Smith, Robert Rogers, William Walker, ond Thomas Ludwig.—Varther eri¢eace in this care was about being proc uced by Mr. Ridgway on the part of the government, when The sounsel for the prisovers said there had beea, no doubt, sufficient evidence already adduced to war- rant the Commissioner in holiing ihe prisoners fir trial, and they would therefore reserve their defence till before a jury. ay, however, desired to examine one more wit- pens, anc called George Chapwan, one of the crew, who deposed that on 10:b/Uctober, Smith aad Welker said that they went on board only for the parpore of coming back again; the plot wan, that while we were in irons below, if hay oor or mate came dows, we were to murder them; they, Smith and Walker, ssid they would then take the ship to New Zealand and scuttle her; I was asked if I could navigate her; I said I could take the sun bat could not adjust s quadrant; they said the hands would be giadecough to joto; if they ot upon deok they were to wurder the officers; wi were belo# in irouas mao, who | rup was ths second mate, said, “Boys, are you all asleep?” jast at the same momest he pring on deck, and the hatchway was closed agai; I saw Bmith in a few minater; he said he thought he had fixed one of 'om; there was a kni’e below; we dog intothe guano s day or two ia order toget up on deck; I was wel treated, and no were all the prisoners om board; the carpenter threateved by Snith, and the tame threat wes made to ell the bands To prisone's covnsel—They re Setermined to carry out their threats, unk ss they went to do daty. The ners were committed for trial, and the case will be semt before the Grand Jury, now ia session Seizcre oF Suvaatrn Goons.—The officers of the custome recently reowved private information that large quantities of wa'ches, diamonds, an¢ other valasble goods, were smuggled ieto this port for certaia mer- chante, throvgb the agency of persons employed oa the Liverpool steamers Proceedings were immediately taten to detect the offenders, The result was that the steward of the stesmsbip Alp: fixed upon as one of the guilty partion, On searching his bearding house at Jersey City, BS considerable quantity of smuggled articles were dis covered, The goods were seizod, and the steamship Alps ‘was alvo seized, but the steward has fled. A further pro feeution of the investigation lei to the ¢isoovery that amvggied diamonds, watches, and other goods, to the Ine of sixty thousand dollars or more, were deposited at the store of Messrs. Levison & Brothers, ia John street. On the affidavit of one of the taspectors, & search warrant was obtained from @ city magistrate, aot on x amining the premi-ea, the emuggles gools were fouas. ‘They were srized, and are now in porression of the Col lector. From the information we have yet reosired, it does pot follow that Me-ers, Lavieoa & Brotaers Eno# the goode to be smuggled cr stom made another seizure of Baltic, to the value of about $60, — Last event: the oMfisers of the ciaure of dismoots steamer Tae aeizaro of the has been reported to the Seoretary of the hat che will be permitted to it ia probable that « be pers ° Recorder Catter, of Jersey City, iasued the search war- rent for the | esi of the Alps, and of the room in the Atlantic Hotel, occupied by the steward and his oom. panious. The watch movements aed diamonds sre worth, it is ronored, about $5,000. Capt. 0. Hudbard, of the steamer David L. Adame, wan crowned on the 7th instant, mys the Savannah fe publican. te having falles overbcard from therbip Arabia, at “Venus Point.” INTERES(CING FROM CHINA; Trouble Between the Revolutionary Chief at Sharghne ard the United States Com= missioner and Vice Consul, To tas Eviron ov Tas Oriwa Mari: — SHANGHAD, Ost. 22, 1853, Siv—The editorial columns of the North China Heralé ot to-day, contein & studie¢ assault upon the public sutborities of the United States in China, the apology for which is a documeat purporting to bea proclamation from Liu Ayun, the chief of the insurgents now ocoupy- ing Shangnae, to the consuls of foreign powers, oom plain- ing of violations of neutrality by the Consul, and with the connivance of the Commissioner, of the Uaited States. I should not deem any notice of these publications called for were their circulatien confined to the localities in which the parties are known, for I should feei confi- dent the false assertions of the Chinese would derive no additional force from their endorsement by the North- China Herald. Neither would I seek to counteract the effeo: of this insolent manifesto from Lia Ayua, or the maliciously false statements of the editor of the Herald, who is wellknown to bes puppet corstantly pulled by others, were I not convinced that this entire production in designed to ctroulate falsehood at a distance, where ita timely correction seems impossible, and to create preja- dice, for sinister purposes, without incurring personal Tesponeibility, ‘asa ‘o declaring that the rendering of assistance to im. perialists ant pposing hindrances to the assertion of ular rights in China, is # notorious abuse of their of- I functions by the authorities of the United States, the editor of the North China Herald allows his edi- torial columns to be anonymously used for the “ tration of a wickedly false and malicious libel, Having no foundation either im the fact of the case or im public opinion. Iwill not comment upon the indecency of a British Dewspaper thus assailing the representative of the United States in @ matter where no injury to British interests could enrue, even were the fac charged, or upom the sowently attemp to refleet injuriously upon the Jommis- sioner of the United States, whose official course has been such as to leave no apology for this assault, but who can- not be expected to enter the arena of newspaper discus. sion, even in bis own justification. To furnish an antidote to this poison, I shall (eel obliged if you will insert in the next China Mail the snbjoiaed of. ficial correspondence between his Excelleucy the United States Commissioner and myself, which will show how far I am lisble to the unjust as contalaed in the Herald of this date. Iam, your obedient servant. EWD. CUNSINGHAM, Laaarion ov THe U. 8. BuancHak, Oot. 19, 1863, §m—My attention has been called toa paper purport- ipg to be @ trapslation of a communication made by Liu Ayun—the rebel commandant in the city of Shanghae —to the Consuls of foreign powers, in which he complains of certain transactions between yout and the Impe- rialists, ® breach of the neutrality professed by the orities of the United States. ng observed that my own name, though rather cly introduced into the eaid pr , Is connected affairs, ae though I were cognizant of impro intercourse between yourself and the Imperialists, and of the secret assistance which you are rendering to thele cause, I feel that it will be proper to request an official statement from you of all the facts of whatever transac- tion haa taken place in regard to the guns of the Ante- lope, and of the extent of your intercourse with the belil« gerents since the institution of the siege of Shanghae. I will observe that, in requesting this sta‘ement, I en- tertaip no idea that your conduct as a public officer or pri- vate gentleman has compromised the neutrality which T have so frequently and on all occasions urged upon aiti- wens of the United States as the true line of conduct to be observed by them; but rather to afford the means of foil- ing any who, from a base purpore, may desire to make ua- favorable impressions against the public agents of the United States in China, by circulating elsewhere this doou- ment, which bears on its face strong internal evidence of foreign authorship though it has » Chinese paternity, Iam, respectfully, your ovedient servant, AUMPHREY MARSHALL. Fowakp Consincuam, Eeq , Vice Consul, U.S, A., Shang- hae. Usrrep Staves Consvcate, Smanciax, Oot. 19, 1863, Sin—I have the “honor to acknowledge the receipt of your letter of to day, and to give the statement you re- juest. : On the afernoon of the 8th of September, a Chinese Linguist, employed in the Chinese Castom House pre. viously to its closing, applied to me for the loan $500 to pay cif dues to sailors and artiseas wh» had been at work on board the Antelo; them. He tac on the 6th, tte day before the capture of the city, and was to have received the money the aext dey, a that be was pow without a dollar and without resource. swered, that thongh always glad to help a respect- able Chinaman in difficult! T cold not give so large a fum'as $600 witbout some security. Hs said be hed nothing to ofier bat the guns of the vessel, and would put them in my godorn if they would answer; and as- cordingly, that afternoon with his own soolies, he placed there fuifistent or her armament to secure the loan, and my comprador gave him the money. Bome time efter—perhaps a week, p¢rhaps two wosks— he came 'o me to aay that the rebel chief had reat hic: a threatenieg merasge with regard to the Antelope, re- quiring bim to deliver her up end discharge the three or four foreigo sailors who were on board, and asked my ade vice. The Antelope was atill lyiog in her oli berth ia front of the Chinese Costom Huse, and aecessible to anybody. I recommended him to anger that Le waa not holding her for the Taoume; that the three or four Earopeana were ouly to preserve the property from night thicves, and that ho could have her by sending a proper officer with mea, He went away, and told me subsequently that he had s0 answered. No officer was seat, however, and the me: 6 was probably occas oned by the anfurling of th telope’s.bails to dry, it being a sunny day after a pro- tracted rain. The ves-«l was entirely jn the hands of the Taoutae’s agent, who hired and paid the men, nor had I connection with her in any manner. After the seige by the Imperiallsta commenced, the lin- gulrt brought the $500 and took away his security. | am really ignorant whether be remoun' them in the Ante- lope or took them elsewhere. ‘As regards intercourse with the belligerents, it has been entirely confined to notes to the chiefs on bo+h siden, requiring at extion to the safty of American minsioa- @ ies, written at their requisition on curtain reaonabie occasions Being in an official position, I have mot, like the rest of my fellow residents, indulged a natural curiosty in visitiog the works ither pariy, but have studiously ket sloof. Iam obliged for the expression of your opinion re- garding my conduct, and feel that it ts deserved, as I have not by word or deed infringed apon the strict rale. of neutrality estab ished by you on behalf of the United States. I think it mot out of place to state, as an evidence of my personal feelings upon jhe subjeot, that I hove in w porrersion as ® merchant, two heavy Paixhan guns, wis their complement of shot, for which both sides have of- fered an excessive price, but which I refused to sell, 68 only likely to increase the misery suffered by the wretened iuhabitants of the city. Over there I have coatrol, but I could not keep tne pro- perty of others, placedin my hacda as secarity, when pidge was re'eemed. I bave the honor te be, air, very rerpectfally, your most obsdieut hamble servant, EWD, CUNNING ZAM, Vioe Oousal, U. 8. A. To the Hoa Huxranny MakeHtast, Commesicuer of the U, ited Suates, &e., &o., &o. New York State Prisons. [From the Albany Journal, Jan, 12.) These institutions for s fow years past have psec either! very incompetently or very dishonestly managed. No de- partment of goverament has been eo miserably a¢ miaise tered; and in none is reform, of the mos: thorough and radical character, more imperatively demanded. facta have been, or may be, developed, which would prova coo- clanively that the greatest kvaves havs not been sent to our prisons by the courts, Estabiished to punish crime, they teem to Lave become prolific sources of peoulatiog| acd fraud. The following statisties for the past year, will row what heavy drafts these prisous, aa recently manage?, are annually waking upon the treasury of the State:— Sing Sing—Faroing $83,653 05 Expencitures ee «+» 837,206 68 et part of this antloipated exoses, the last’ Legie- a of expenditures over saproprinned $47,000, Bat theres tlle detots of over al fe Sppropriation i ro—Karnings, + 900,425 64 3 94,768 67 >e Excenas of expenditures, To meet this anticipated e: ‘cok $22,7(0 from the Froanu est then those into wh fallen If there shall, daring the present year, be no reform ia the manegemeeant of t! priroms, and {f all that will be aeked for shall be granted, more than a huadred theu- tand doilars wil be taken from the treawuty. It it wa necessary Se thie emount, or four a bi dred thourand doilers, to punish the criminal’ no good citines would object to it. But no appropriation: more relactaniy acquiesced im by eed simply be- cause ace im those who y e of late years beem entrusted with the sapervision| of the institutions whieh thas aneually absorb so much of the public money, A change is certainly needed, and| ve are among those whe hope for it. If the present Fpecto's, or any one of them, shall effect, to any what is so imperiously demanded, they will deserve honors of public benefastors., ‘Williamsburg City Inte! Accipest—A milkman, named Johp wee! — ie Bie eerie, rym of his horse Rn | it in ol oa uredeay wi OF bet onueelwed & dislocation acd tTreotere of’his thoulter joint, besides several serious mms. wen coe veyed to his residence {a North Sixth street. feo nd, where he wan attende3 by Dr Harris, bat ae he! fa on ocqg mas, fears are enter that his injeri “er br Th board orgen.sed kD OF EDUCATION. —The new was Dem was lected) of the Board enru'ng year. missioners. Mr. V. @ylventer was elected for the Mr © A_Iay, for the 3-oond; Men jer, for the Third, for the term of three Scho Broach was elected in the First to ade Gy caused by the resiguation of Mr. GE Bater, for t yeere,