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WHOLE NO. 6461 , HIGHLY IMPORTANT FROM WASHINGTON, "| EXPECTED VETO OF THE INSANE LAND BILL. ROSS ABUSE OF THE FRANKING PRIVILEGE. Energetic Action on the Nebraska Bill. Aid For the City of Glasgow Refused, OREGON TO BE ADMITTED AS A STATE, OPENING OF THE CANALS, &, &, kk, Interesting from Washington. DECIPED MOVEMENT ON THE NEBRASKA BILL—THE i CLAYTON AMENDMENT TO BE OMITTED—THE VETO | OF THE INSANE LAND BILL—THE TEMPER AND TONE OF THE EXPECTED MESSAGE, ETC. Wasminatox, May 2, 1954. Mr. Richardson’s notice this morning, of his intention , of moving early next week to take up the Nebraska-Kan- gas bill and preas it toa vote, should call every absent » member here by Monday; andall absentees after that ' day must be set down as dodgers. Mr. Richardson, we understand, intends to present the bill precisely as it passed tho Senate, with the exception of the Clayton amendment, which {s to be omitted. We do not believe the bill in this shape can pass; but if the professions of gentlemen can be relied upon, there would be no difficulty in passing the bill first introduced to the Senate by Judge Douglas, which does not abrogate the Missouri compromise in so many words, but refers all dis- puted points up to the Suprome Court. This Judge Douglas’ friends assert contains all the principles of the amond- ed bill, whilst it omits tho language to whish so muc objection is made, The only difficulty in the way is that Ahe persons wiio profess to be in favor of the ontginal bill may not be sincere, and may desire it only so, as to more effectually kill the whole measure. If, however, they tare sincere, there is no reason why the original bill, mak- ing no mention of the compromise of 1820, should not pass. The President's veto of the Insane bill will positively ‘be sent to the Senate to-morrow. It is understood the President has called upon each of his Secretaries for their opinion in writing. The message will, it is generally be- lieved, be an able document, discussing the whole sub- ject of the public lands, and not shirking any respon- Bibility. ; Mr. Hughes’ speech last week against the Nebraska bill is regarded as one of the best made on that side. ‘THE SCIENTIFIC CONVENTION—ABUSE OF THE FRANK- ING PRIVILEGE—SINGULAR DEVELOPEMENTS. Scientific Association held its annual election to- with the following result:—President, Dr. aes Permanent Secretary, Wolcott Gibbs; Treasurer, Mr. Elwyn; Recording Secretary, Lawrence Smith. It was ‘voted to meet in Providence, on the 1éth of August, 1855. An interes! discussion on the Dora coal fields e x Association adjourns to-morrow. r abuse of the franking privilege and fraud upon the Post Office has come to ight. A packer for ‘two members of Congress, and authorized to use their names for franking documents, has been detected selling franked envelopes, at fifty cents per hundred. A claim agent purchased a lot, and enclosed eleven hundred cir- -eulars, to pass through tho city post office, when an in- vestigation led to the detoction of the fraud. The mat- ter bas been compromised. Gold $8 pieces will soon be issued. THIRTY-THIRD CONGRESS. FIRST SESSION. * Senate. Wasarxaton, May 2, 1864. PETTTIONS AGAINST THE NKBRASKA BILL. ‘Moasrs. Tworseox, (dem.) of N. J., Dopaz, and Wave, ‘Mr. Causs, (free soil) of Ohio, presented the remon- ~atvance of the yearly meet ng of “Friends” of Indiana against the Nebraska bill. THE SALARIES OF TRACHERS AT THE MILITARY ACADEMY. Mr. Sumupa, (dem.) of Ill., from the Committee of Con- ference on disagreeing votes on the Military Academy bill, reported that the Senate recede from its amend- «ments increasing the salarios of professors of French and drawing. Adopted. . OOAL IN NORTH CAROLINA. cling tquiry Gn 16 the expedioncy of suthorising ths ree! uiry as 1¢ ex of autho: President to aie the examination of the coal ‘iolds near river, North Carolina, with a view to the establish- nient of a national armory at fimt place. Adopted. ‘THE INDIAN APPROPRIATION BILL. was taken up. The amendmeut making the prereie- tion for California Indians was debated, and the whole subject of proper policy with the Indians discussed. The amendment was adopted. Adjourned. House of Representatives. Wasuixaton, May 2, 1854. ‘THE NEBRASKA BILL. » Mr. Ricnanpsoy, (dem.) of Ill, gave notice that early + next week he should endeavor to bring to the attention of the House the Nebraska-Kansas bill. He made this statement that gentlemen might be advised; he did not intend to steal a march on them. A Vour—At what time? “Mr, Ricuaxpsox—That will depend on circumstances. ‘The friends of the bill intend further to resort to every fair parliamentary means of bringing the question to the consideration of the House. Mr. Cox, (whig) of Ky., aid he had had no ‘intima tion of the intention to bring this bill to a vote at the time indicated. Mr. RicaaRpsox reminded the gentleman that he did not intend to press it to a vote, but to bring it up for consideration. Mr. Cox agreed to that. He most heartily was a friend of the measure, and should express himself to that effect should he have an opportunity. Mr. Ricuarpson his desire was to have the discus- sion on the bill itself. If they should fail in that there were other means by which, at a proper time, they could bring it before the and get a vote on it. Mr, Wasnmoms, (whig) of Iie desired to ask in what way he would bring it up? lr, RicuaRpson replied he would advise the gentleman when he got ready to do it. He had now said all he de. sired to say. 4 PROPOSED AID FOR THE CITY OF GI Mr. Wammr, (dem.) of N. the following:— ILASGOW. ¥, asked leave to submit 8, aud is now sinong the large quantities in the rotary of the Navy has he is hereby author: vestela for the purpose, not otherwise appropriated. Mr. Levenm, ( ‘a., objected, and therefore the resolution was not received. ROADS AND LANDS IN MINNESOTA The House passed the bills for the construction of roads . in Minnesota, and for the relinquishment of title to lands owned and claimed by the Chippowa Indians in Minneso- ta.and Wisconsin, and for their domestication and civil OREGON COMING INTO THR UNION. Territories, seported a bin, aultceiing’ the Pstte ot Ls a aw eople of to forms constitution and Strte government, providing for their admission asa State into the Union. Referred to the Committee of the Whole on the State of the Union. TERRITORIAL BILLS. The House then went into Committee of the Whole on the state of the Union, on bills relating to Territories. Without concluding action thereon the Committee rose. PROTECTION TO AMERICAN CTTIZENS ABROAD. ‘The Sreaxer laid before the House the message of the President in reply to a resolution for in- formation relative to Rev.John Cooke Richmond. Among “ the documents, one from the Charge ce Affairs to Mr. Marey coutains the following, under date— thenit {iznna, Jonuary & ave been vi mt mared by const ®) from the John Cool mand, about whom T wrote. t0 ou at some length in my doapatch , to obtain aatie- faction in his bebalf for various wrongs which he asserts to have been committed by the Austrian authorities in Feat, ons Trae, of tonvad any gut ————~ MORNING EDITION—WEDNESDAY, MAY 3, 1854. jd'not be severely ha ‘A cursory glance at the voluminous correspondence wii watisfy your wind, I think, that be the narrow bomn. | dary line which superior ia- telligence irom ty. j Mr. Ror wri 20th of Veb- it ent entirely a rove of the di in tho ease of the ass e Rev. Mr. Richra: The documents were referred to the Committee on Foreign Afluirs, Adjourned. From Buffalo. OPENING OF THE CANALS—THE NATIONAL PRINTERS UNION—THE RECENT STORM ON LAKE MICHIGAN— RECEIPTS OF PRODUCE, ETC. Borrato, May 1, 1854. Water has been let into this section of the canal, which is all in good order. Forty-two boats had cleared with produce up to noon, ‘The National Printers Union assembled here to-day. About thirty del were present. The loss by the late storm on Lake Michigan, is esti- mated at $45,000, ‘The weather here is gloomy. Vessels are arriving freely, and nearly 200,000 bushels of corn have been re- ceived during the past twenty four hours. The receipts of flour and wheat are moderate. Bautmwone, May 2, 1854. New Orleans papers of Wednesday last ure received, and contain Texas news to the 21st ull Anextra from the office of the San Antonio Ledger, dated the 17th April, gives intelligence that Mr. Gallag’ her’s Ranch, about twenty-three miles from that city, had been attacked by a party of Camanche Indians, who killed an American named Forres' i down with clubs, and probably ki dren They also killed or carried off a man named Shepperd and his wife. and a large hwy aereiga Parties had been sent out in pursuit of the In wim! Mayoralty. TanaTox, Del., March 2, 1354. Dr. Heyward, tho Maine law candidate, was to-day elected Mayor of this city, by 170 majority, over John A. Alderdice, the regular whig nominee, From Philadelphia. SLOOP OF WAR JAMESTOWN—LAUNCH OF A STEAM- SHIP. Puttavgurma, May 2. The United States sloop of war Jamestown, Downing, arrived here this afternoon, in thirty-one days’ from Per- nambuco—all well. . The steamship Quaker City, for the Charleston line, was launched this afternoon at Kensington. paso eine ae Loss of the Ship Forrester. Bostox, May 2, 1954. | Ship Yorrester, from Callao for Boston, went ashore on Sunday on Wellfleet beach, and will probably be a total loss. ‘The crew and cargo of guano were saved. Markets. New ORLEANS, April 20, 1954. The sales of cotton to-day were 4,000 bales, and prices show a decline 4c. a 4¢¢.; middling is quoted at 83¢c. Rio Coffee—5,000 hold to-day at 844c, a 10340. ‘To- bacco—1,700 hhds. Kentucky sold during the week at 43¢c. n 8c. New Orleans fair sugar is at 33c. ‘The Latest from the Jersey Coast. MORE BODIES OF THE POWHATAN FOUND. Smrruvmzg, Atlantic Co., N. J. April 29, 1854. Mrsers. Eprrors.—During the afternoon of the 18th inst., I received information that the body of a man was found lying upon the Brigantine beach, and I immedi- ately repaired to the place. A short time afterwards, about five o’clock of the same day, I received further in- formation, to the effect, that twenty bodies were collect- ed together, further down the beach, which information 1 found to be correct. On the next day, the 19th, Lre- moved thirty-six bodies from the beach to the house of Mr. Smith, and on the day succeeding, twenty bodies more, making in all fifty-six bodies, which, after the pro- per preliminaries, were consigned to the grave. Upon the deceased, I have found $7 85 in monoy, and eleven pieces of rings, besides various writings, &c. I suppose these bodies wore from,the ship Powhatan. In addition to these, up to the date of this letter, six more bodies have been found upon the beach and laid in the grave, all no doubt coming from the Powhstan. - pide nt TELEGRAPHIC. ~ FURTHER PARTICULARS FROM ABSBCOM BEACH. PHILADELPHIA, May 2, 1854. The bodies of three men and three children, supposed to be Germans, were picked up on the beach at Absecom to-day. On man had in his pockets two knives, and a wallet containing 75 cents, and a watch key, marked 8.1L. New York Historical Society. This society held its regular monthly meeting last eve- ning, atits roomsin the University—Luther Bradish, Eeq., President, in the chair. The Present announced (after the minutes of the Jast meeting were read and approved) that he had res ceived from the Rev. Mr. Chauncey a very valuable and interesting document connected with the history of the country. It was the original letter written by Commo- dore Perry to Commodore Chauncey, announeing his vie- tory on Lake Erie over the British squadron. The Presi- dent presented the letter to the society in the name of Mr. Chauncey, who is the son of the gallant Commodore. On motion, a resolution was passed voting the thanks of the-society to the reverend gentleman. After some further routine business was transacted, Mr. Macponaip read the paper of the evening, on “The Neutral Ground of Westchester,’’ of which the following isan abstract:— It opened with an account of the neutral ground, as the country between the American and British lines in Westchester was called, and pointed out the positions of the hostile throughout the revolutionary contust. It described, the different corps of light Long that carried on a desultory warfare of posts and patrols dur- ing the seven years war of America, and terminated by iving the particulars of a remarkably well conducted par- isan transaction. This exploit consisted in the surprise and capture of Archer’s house in Fordham, then (1780: the head quarters of Col. James Delancey, who command- ed the British outposts in Westchester county. The assail- ante consisted a detachment of regular troops and volunteers under the command of Captain Cushing of Massachusetts, but the enterprise was projected and owed ‘its success mainly to the skill and courage of the four principal Westchester guides—that is to say, Corne- lius Oakley, of White Plains; Abraham and Michael Dyck- man, of Kingsbridge, and John Odell, of Greenburg, who at that time were young men. In after years of their sons and nephews, while students at Columbia Col- lege, belonged to the Pelthologian Society, but none of them now remain. For the most part, they died early in | not hereafter life. A number of their classmates, fellow students and relatives, were present. After Mr. Macdonald had con- cluded the reading of his paper, the thanks of the society were voted to him, and the meeting then adjourned. ‘The Marine Telegraphs and the Pacific. TO THE EDITOR OF THE HERALD. New York axp Saxby Hook et OFFICE, f thi Ge te aoa In your paper of this morning, you say, In sj of ihe iecival of the steamship Pacific.“ Although “the morning was beautifully clear, yet nether of the marine tel 4s announced her approach.’’ A ¢ to eay, in justification of the Magnetic line, for the inattentton to business, that the poles ming and wires of the line bave suifered very severely by the late terrible storm. About one-half of a mile, near Harlem, was laid flat upon the ground. A large tree, between Newark and Elizabethtown, was blown across the line, demolishing it for quite a distance. The sub-marine under the Shrews- bury river was completely riddled by atmospheric elec: tricity, and the sub-marine under the Passaic river was carried away, and up to this time the force of the cur- rent has been so strong as to baffle all our efforts to re- lay it. The force of the current may be judged of, from the fact that the tide has not set up the river since last Friday, and the three half inch chains which are at- tached to the abutments, and by which the ferry boats are towed back and forth across the river, have been broken three times by the force of the current since the commencement of the storm. Hence the bon-sunouiioe ment of the Pacific by the Magnetic telegraph. ‘Yours, &e., W. 0. LEWIS. The other marine telegraph reported the Pacific to Mr. Colling, andsto the newspaper offices, at six o’clock in the morning, three hours before she reached her wharf. Jersey City. “Tne CosprioN oF THR New York axp Erie Raicroan, form bas caused no further eon the line of this road, co faras we have learned. The passengers which left in the train for the West, would have to be transferred to other trains, on their arrival at the breaks at Ramapo and Stairway. It was believed the repairs would be completed by this ye, so that trains will detained. he milk train will arrive over the Erie road, and reach Jersey City by morning. Mesnxe oF THR Commox OCovnct,—The Board met at | the Iyceum last evening, Alderman Lyon in the chair. | No business of importance was transacted, except an- nouncing the standing committoes for the y: Fire Derarrxest Evecrion.The firemen’s election } IMPORTANT MILITARY INTELLIGENCE, BY COURT MARTIAL TRIAL OF MAJOR WYSE THE CHARGES AGAINST HIM. ORGANIZATION OF THE COURT, eres BIOGRAPHICAL SKETCH OF MAIOR WYSE, The trial by Court Martial of Major Wyse, which will commenee to-day on Governor’s Island, has caused con- siderable excitement throughout the community. The circumstances which have led to this reault are briefly a8 follows :— On the first of April the Secretary of War ordered the detachment of Majer Wyse, which had been saved from the San Franciseo, and which consisted of four compa- nies—D, J, Tand K, of the Third Regiment of Artillery— to sail in the George Law, on the 20th of the same month. This order was, however, afterwards countermanded by General Scott, who issued another on the 11th, to the effect that that detachment should leave on the 18th. Major Wyse, on his return toNew York after a brief ab- sence, ascertained that the Quartermaster had chartered the Falcon asa transport for his troops to Aspinwall; and having received the impression that she was unsea- worthy, he proceeded at the earliest possible moment on board to examine her. Being dissatisfled, after a minute inspection of her equipments, he requested the commanding officers to appoint a Board of In- spection for the purpose of re-examining her ani making official report of her condition. This re- quest not having been granted up to the day of her sailing, he, himself, as commanding officer, ap- pointed a board, consisting of the medical officer and two subordinate officers of his detachment, for that purpose. After a thorough examination of the vessel the board reported that she #as poorly equipped and wholly unfit to proceed to sea without first making atrial trip. On the same day General Scott appointed a board, consisting of three military offlcors, who also in- spected the steamer and reported favorably, upon which the General ordered the detachment to sail ihe next day. Upon the receipt of this second order Major Wyse ‘re- signed his command into the hands of the next senior officer of the detachment, preferring to incur the res- ponsibility of disobedience rather than to assume the more serious responsibility of leading his troopa on board a vessel which he felt convinced was entirely unfit for sea, The Falcon sailed at two o’clock on the 18th, and shortly after Major Wyse was arrested, by order of General Scott, and confined on Governor’s Island; and it is said that General Scott refused to extend his limits to this city, and that he also refused to transmit any com- munication from him to the Secretary of War. It is believed, however, that such communications reached the department of that officer, for Major Wyse does ac- tually extend his visits to New York at present, and it now only remains to be seen whether the court will jus- tify the course he thought fit to pursue in contradiction to the orders of Genoral Scott. ‘These are the simple facta in the case, so far as they have transpired, and from them the public will doubtless form their own opinions. The charges of the prosecu- ting officer are, in general terms, as follows:— First—Disobedience of orders in refusing to lead his troops on board the steamar Falcon, as ordered by Gen. Scott, on the 18th ult. Second—Conduct unbecoming an officer and a gentle- man. Under these general charges there are a number of specifications which will be made known at the opening of the court this morning. The following are the names and rank of the officers of which the court will be con- stituted: — Brt. Brigadier dea. Heury Stanton, Assistant Quarte? master General. , Brt. Col. Charles F. Smith, Captain Second Artillery. Byt. Col. Harvey Brown, Major Second Artillery. Brt. Lieut. Col. Francis Taylor, Captain Firat Artillery. Brt. Lieut, Col. W. J. Hardeo, Second s. Reeves, Captain kighth » Captain Second Infantry. j Captain Fourth Artillery. ej. Lawrence P. Graham, Captain Second Dra- j. Jefferson Van Horn, Captain Second Infantry. George Deas, Assistant Adjutant General. Bvt. Maj. Samuel C. Ridgely, Captain Fourth Artillery. Bvt. Maj. Alfred Mordecai, Ordnance Department. Bvt. Maj. John F. Lee, Judge Advocate. We learn that the orders of the President aro to the effect that if nine of the officers detailed are present, the Court will be constituted, and proceed to the trial of the ‘case, Bvt. Lieut. Col. Isaac V. D. Infantry. Brt. Lieut. Col. Silas Byt. Maj. John B. Scott, Bvt. M BIOGRAPHICAL SKETCH OF MAJOR WYSE. Major Wyse was born in Deer Park, in Baltimore coun- ty, Maryland, and graduated in 1837 at West Point. His first appointment was to a post in Florida, where he was engaged in active service against the Seminole Indians, who were then at war with the United States. When peace was restored he was still kept in Florida, where he was ac- tively employed until the commencement of the Mexican war, when his regiment was ordered to Tampico. While here he was engaged in the rescue of the Encarnacion prisoners, among whom was Major Borland, our present | in the evening with some medicine, Minister in Central America. The whole party by which this feat was accomplished did not exceed one hundred and thirty men, while the Mexicans numbered froin twelve to fifteen hundrdd. For three days this gallant little band contended against such over- whelming odds, until they succeeded in rench- ing Tampico, not, however, without tho loss of some of its bravest members. On this occasion they plied their only cannon with terrible effect upomthe Mexicans; byt their grapeshot having been expended, they gathered lead from some of the public buildings and converted it into bullets, then putting these into empty champagne bottles they loaded them, and fired into the enemy with terrible effect. The bravery of Captain Wfse on this occasion obtained for him the title of Brevet Major. He served throughout the whole war with distinetion, and has since its close been actively em- ployed. At the time of the shipwreck of the San Fra cisco he was on his way to California, TROOPS FOR CALIFORNIA. On Thursday the remainder of the Third Regiment of | Artillery start from Bedlow’s Island for California. They number about 140 men, and consist of Companies A and H. The following isa list of the officers -— Lieutenant Colonel Steptoe, commanding. Dr. Wirtz, Surgeon. Major Reynolds. Lieutenant Chandler. Lieuteriant Livingstone. Lieutenant Tyler. Colonel Steptoe served with distinction in all the bat tles up to the city of Mexico, and is an able and efficiont commander. Dr. Wirtz and Lieut. Chandler were on the San Francisco at the time of the wreck of that ill-fated vessel. Major Reynolds received two brevets during the last war for gallant conduct. Lieutenants Livingstone and Tyler are young officers, who have recently joined their regiment. The route to be taken by this detachment is that by the South Pass of the Rocky Mountains. They will start from Fort Leavenworth about the Ist of June, (where they will be joined by about 150 dragoon recruits and Lieut. Ingalis, of the Quartermaster’s Department,) and proceed up the Platte river to the South Pass, and thence to the Salt Lake. {lould the state of the stock demand it, they may winter vomewhere in Utah, and proceed in the spring to California, ‘The effect of this body of troops on the Indians cannot but be favorable, and as every provision has been made for the comfort of the command, we anticipate for them « pleasant trip over tho wild prairies ofthe West and the romantic defiles of the Rocky Mountades ond Sicrea Nevad Important from Hayti. The schooner King Fisher, Captain Hooper, arrived at « this port yesterday froma Port au Prince, brings advices to the Mth ult. Her news is of considerable importance. The Emperor (Soulouque) was enlisting men for the army, and making great preparations with his fleet and army for the invaaion of Dominica, both by sea and land. in Jersey City, last evening, resulted in the unanimous re-election of Samuel A. French, Chief ineer. Robt. McCleary was elected First Assistant jority of sixty-two over R. Gilman, nt date. it was encaply Seat Second Assistant Engineer. James Gopaill was not a candidate, | having declined the nomination, Operatious would commonce immediately after the holi- days were over, which would be about the first of May. State Coxvawnion.—The Democratic State Convention of Indiana will be held to-day at Indianapolis, Trial of Clara Hayes for the Murder 9) Dr Lutenex. * COURT OF OYER AWD TERMING! Before Hon. Judge Reonevelt May 2.—The Court met at 10 o’elock, pursuant (oe! journment. The court room was crowdel to excess by spectators, anxious to witness the epening of thi im teresting trial. ‘Mrs. Hayes entered the court room shortly after 10 She appeared quite ill, and was unable to walk to court rendering it absolutely necessary that s carriage shoull | be procured. She remained closely veiled uxtil the jury | had been empannelled, Mr. Liayos appeared in good health and spirits. The lady appeared to suffer from the ° close and confined air of the court room, rendered more | oppressive by her delicate state of health. Messrs. Whiting and Busteed appeared in behalf of the prisoners, and the District Attorney for the prosecution Before proceediffy to empannel a jury, Mr. Busteed said they were ready to proceed with the. tsial; but un- fortunately one of their witnesses, Capt. Isaiah Pratt, was absent. He was daily expected; but, in case he should not appear before the close of the trial, the de- fence would ask permission to read the witness’s evi- dence from the Coroner's minvtes. The District Attorney objected, as he was only present a short time at the Coroner’s investigation, and did not hear witness’ testimony. After ‘several challenges, tho following’ jury was empannelled -— Edward Latham, John Adams, Charles Griffin, John Scott, Michael Rice, James P. Brenner, James Mandcyille, James Lynch, John Hanley, The District Attorney, in his o the circumstances of ihe case in detail. He nearly an hour in h apitulation of the facts appeared in evidence before the coroner's jury. He asked in advance, and he know he should receive it, their calm, careful and attentive consideration of the: fa: which he was about to spread before thom. Painful at all times as was the daty of the public prosecutor, ina case like this it wae doubly distressing. They had nefore them at present arraigned at the criminal bar a female | of high accomplishments, of an attractive person, who stood charged with a crime of the deepest dye—that of | wilful and deliberate murder. ‘The circumstances of this | case, the apparent mystery in which it was at the time enveloped, seemed to form a subject of romance, and would hardly be supposed to exist in the field of reality. On the 10th of January last, in a building situated R one of our most crowded thoroughfares, at the corner | of Broadway and Grand street, in his own office, at | about the hour of half-past ten in the morning, this in- dividual, Doctor Lutener by name, was found Iying dead upon his floor. The examination of his body showed the fact that his death had been caused by a discharge | from a pistol, the bull of which had penetrated (he back of his head. ' He would proceed to point out to your at- tention the facts tending to show that the death of this unfortunate man was fairly attributable to the. prisoner at the bar, by name Clara Hayes. This female is the wife of an individual residing in Europe, and at the time of this occurrence was herself residing’ with a brother of her husband’s in the vicinity of Harlem, near Fourth avenue. Deceased kept an office at the designated above, and resided with his family in 126th street. It will be shown to you that some months prior to the death of deceased, an acquaintance was formed between Doctor Lutener and his wife and the prisoner impli in this indictment, and that all went on harmoniously until about four weeks before this catastrophe; that upon that occasion Dr. L., in company with his wife, paid a visit to Mr. and Mra. Hayes; that while there Hayes and Luteuer amused themselves with a game of dominoes, and while 80 engaged a difficulty arose be- tween them in reference to the game, which resulted m some angry words and intemperate exprossions. Mrs. | Hays remonstrated at this conduct, and Dr. Lutener and his wife left. On the ensuing morning a message was sent from Mrs. Hayes to Dr. Lutener at his house. He left, and in a short time returned to his own house in company with Mrs. Hayes, and Mrs. Lutener prepared a bed for her in the house.’ It will be shown that while thus an inmate of the house various visits were mado there by Mr. Hayes, desiring to see Mrs.Hayes. After pro- ceeding at great length to detail the evidence as clicited and made public on the Coroner's jury, the District At- tornoy referred to the circumstances ander which the bo- dy of Lutener was found by MissShipman, lying on the floor, app’ tly in. Gt. Te impresied upon them the fast that the small pistol which was foand in the room of Win. H. Conklin, Lewis W. Dunham, Heung C. Sporry. pening address, | | poesession certain letters wi THE NEW YORK HERALD. morning; she came twice; the first doctor was iu ils bedroom, and the second time 2 gone On the cars; she came in the second d if my husband was at home; I told her I would be in but she left and 3 did not see her from that timo until after th tay husband; Le left for the city to go by | eight o'clock cars; on the day before, Monday, my ius band returned to his residence ot half-past five in the evening ; he was in tho habit of carrying a bag—a brown Moroeco bag; prior to my hughand’s death, I Bad in my the Cone Q From whom and wh ot e A. Treceived them froin my husband the Sal his death Q On receiving them, where did you y'ace theta? A laced them in a tin jewel Lox Q At whattime and where did you deliver those let- ters to the Coroner? A. At the time they toll me of my husband’s death, about four o'clock in the afternoon Q. Where was that bag ot the time he started feoun your house ow Tuesday? A. T don’t recoliect. The cross-examination was deferred The Court adjourned to this morning at 10 o'clock. SENTENCE OF RUGH AND DENNIS O'CONNOR, CON- VICTED OF MANSLAUGHTER IN THE SECOND DE- GREER. Before proceeding with the trial of Mrs. Hays, these two prisoners, who, it will be remembered, were tried for the murder of Michael Conroy, were brought up-for sen- tence Judge Roosevr, in pronouncing the sentence of the law on the prisoners, said :— Dennis axD HGH O’CoxNon—You have been convicted by an impartial jury of the offence, not of murder for which you were tried, but of manslaughter in the second degree: Conroy, the deceased, whose death is laid to your charge, was engaged at the time, it is conceded, in the commission of an “unlawful act.’ Excited by’ Ii- cuor, and disappointed in an attempt at the late hour idnipht, to procure still more, he vented his anger by orig stones and brickbats at the door of your liquor ‘ablishment, his companion, although less excited, urg- him on. An aged woman, the mother of on 0 vax at the time lying dangerously itl—even sup, be dying—in a room back of the shop or bar, her surrounded by yourselves and several other relatives. Such an attack, at such an hour, and under such circumstanees, on your premises, wouli have justified « some—perhaps even considerable—viflence at your hands. Had you, or either of you, or the whole six men | that constituted your party, rushed out and seized the aggressor, and a scuffle had ensued in which he had fallen, the jury would no doubt have viewed your conduct with mueh leniency, and perhaps have justified the act as one of legitimate self-deience. But you did not do so; on the contrary, you, or one of you, deliberately loaded a gun, and, without menace or warning, as deliberately Gred at the aggressor, killing him almost immediately.’ Ask yourselves, now that you have had time for retiee. tion, whether the offence of the deveased, however out- rageous, was one deserving of death. It ‘deserved to be punished, all will admit, and had the law been appealed to, it would have been adequately punished, by civil damages and by fine and imprisonment. But, unwilling to wait, you took the law into your own hands, and-ade ministered its penalties with a vengeance which no well ordered community can safely permit. In the lan- turds I | friend. PRICE TWO CENTS. NAINE LAW MEETING AP THE TABSR °: Speeches of Rev, E. H. Chapin and E. D. Culver, Governor Seymour Censured by Resolationsy w., de. &e. Ia apcordaace with » cail published in the daily papers yesterday, a meeting wae held at the Tabernacle last evening, of the members of the New York City Tempe- raner Alliance, and others, to welcome the “Maine law memborn’’ of the late Legislature, and to hear addresses from them, as well as other persons who bad been ia- vited to speak upon the present aspects of the prohibi- tory liquor law. The meeting was organized at about eight o'clock, by Rev. Mr. Warren, who called the audience to order. About fifteen hundred persons were present—one halt women. Mr. Waren stated that as Mr. C. C. Leigh was present as a member of the Legislature, not as President of the Alliance, he would move that Jeremiah Turbell, Esq., of the Ninth ward, do take the chair; which motion being seconded, was carried, and the gentleman referred to took the chair. The Throne. of Grace was addressed by Rev. Mr. Whee lan, Mr. Oakey gang an ode in praise of cold water as @ beverage, to the air of ‘Lilly Pale.”? ‘The Rey. Mr. Warren then presented a series of rese lations, which were read. A resolution censuring Governor Seymour, and th sy resolution, were received with long-continued ap ause. Par Guxizy sang “The Good Time Coming,” accompa- nying himself on the pianoforte. The last stanza rune thus:— ood time o: ming, boys, ‘A good time coming; Our ‘Loxisiature passed ths law, And the veto will not woigh a stra ¥, In the good time coming. Ong man shall nover rule tho State, 0 allot box is at And the people's voto will seal his fate— Wait w little longer. Hon. E. D. Cuiver said:—As iron sharpeneth iron, se does the countenance of man, cheered by that of his He said that it was good for him to be here, and he had been informed that he would speak first this even- ing, and hendle the Governor first, and that later in the that officer would be taken care of by a clergy- was in accordance with the usual order of things. After a lawyer bad finished a man he was en- titled to benefit of clergy. (Laughter and applause.) The occasion wasone of great importance. was an uprising of the people in their strength, and it was well known that they had the power to right all these matters lg the ballot-box. (Cheers. ) The speaker took a retrospecti view of the last election and the vote on the Maine law in guage of the statute, you ‘unnecessarily killed” n fol- low being. His unlawful conduct may, and does, miti- gate, but does not, and cannot justify, such a suramary and disproportionately severe ‘oxecution. It saves y from the charge of murder, but leaves you subject to tha: of manslaughter. And so the jury—with great proprie- ty, I think—have found by their verdict. ow their sense, however, of the unlawful conduet of the deceased, they have accompamed their finding with a strong re- commendation that your sentence may be as lenient as the law will allow—and that is, (being the lowest limit of the Court’s discretion,) four years confinement in the State prison, Even that punishment, under the cireum- stances, may perhaps, by some, be considered too sovere. Shooting ten down, from almost any provocation, great or small, real or imaginary, has occasionally, Iam sorry to nay, been eloquently defended by distinguished advo- cates, and effectually justified by reepectable jurors. The practice, however respectable, and however sanctioned by example in some parts of our country, is inconsistent™ with a government of laws and equal justice. ‘The jury in your case have not, and the Court cannot follow it. Life is too sacred to be taken without necessity. ‘Tho same spirit which, in our State and national constitu. tions, prohibits the infliction of “cruel and unusual pun- ishment,” equally prohibits, even by way of defence or retaliation, the unnecessary taking of human life, whether by private or by public authority. Your act in shooting the deceased, under the circumstances, cannot be justified. It was crucl, and out of all proportion to the offence. Still, the jury, whilst convicting you, Doctor's office; Miss Shi Lutener at halt-past 10, within a few fect of his head, was exactly similar to that Gosbaeaeas Harlem Betas one it from the fen ‘ihe o’cloék in the mo which wae ¢: occupied by Mayes exactly filled the pistol f in the room of Lutener. The pistol was a pecullar pistol, loud: ‘at the breach and requiring a different from that ich could be forced into the muzzle. In conclusion, he said the case was one of circumstantial evidonoe; but if the ci of case pointed unerringly to the guilt of the party, then, in the eye of the law, cir- cumstantial evidence was far more conclusive than even positive testimony. Circumstances rarely erred, while witnesses either may, by mistake or otherwise, state untruths. It would be for the defence to show them how far the links of the chain of evidence could be broken. That they might be able so to do he would frankly express his wish in advance, for the sake of the sex to which the prisoner belonged, and for the sake of our common humanity. He trusted that she, at all events, might be enal to absolve herself from the fearful sin of wilful bloodshed. Mary Lutener, wife of deceased, was the first witnoss called for the prozecution. Witness is an interesting look- ing female, apparently about thirty years of age. it wi was dressed plainly but handsomely in deep mourning, and appeared as if recently recovered from illness. Being duly sworn, she testified as follows:— Am the wife of Dr. Lutener; had been married about six years and a half; resided at the time of my husband's death in 128th street, Harlem, afew steps trom Fourth avenue; the street is not open; on the west side of the avenue; my house fronted towards the city; I knew Mr. an? Mts. Hayes; they resided, previous to my husband's h, in Fifth avenue, near'129th street; had been ac- nted with them from three to four months prior to jeath of my husband; we were in the habit of inter- changing visits; was at the house of Mr. and Mr. Hayes lagt, about four or five weeks before his death: had been with Mrs. Hayes all day; she was sick; my husband came i tite ¢ Mr. Whitney objected to this evidence as illegitimate. ‘The Court raid the actual death was admitted, and thia evidence was intended to show some connection between ties and that death—perhaps to show some con- Witness—Mrs. Hayes was lying in bed, and Mr. Hayes and my husband were playing at dominoes; they had some words while playing, about the game; the dominoes wore then put up, and I went home; during this dispute Mrs. Hayes disapproved of her husband’s conduct; she said she did not wish us to go home, and wanted us to sit down; I went home with my husband; saw Mrs. Hayes the next morning; a gitl came ths next morning, and the Doctor left the house; the girl was a nurse girl of ‘Mra. Hayes’; the Doctor was absent from ten to twenty minutes; Mrs. Hayes returned with him; this was before nine o’clock in the morning; she came into the house with the Doctor; Mrs. Hayes said Mr. Hayes had told her to leave the house, and had given her one dollar; she left my house, and left to go to the city; she said she would go to Mr. Hayes? office to see him; the office of my hi band was at the corner of Broadway and Grand atreet; Mrs. Hayes started to go to the city with the Doctor; be. fore leaving for the city I did not seo Mrs. Hayes; 'saw Mrs. Hayes the same day in the evening; she came back to my house; she remained in my house that night; she came home with the Doctor; she slept in our back bed- room; she stayed at our house that time about three or four days, an near asl recollect; she slept there every night; during this time Mr. Hayes came to the door, on Saturday; it was in the afternoon; upon that occasion be saw Mra. Hayes; Mra. Hayes the door. Q. Did you hear what was said? A. Yes! Q. State whatit was. A. He asked her to go home, and she said she would not. Q. When next did you see Mr. Hayes. A. On Sunday evening. Q. Where? A. In my house. Q. Did he see Mrs, Hayes on that occasion’ A. She had gone out in t morning. Q. Was your husband at home at the time? A. Yes, Q Did Mrs. Hayes return that night? A. She did in the evening. not. Q. On Monday morning, did your husband go to the city? A. Yes: atthe usual time, either to go by the eight or nine o'clock train; received a message that day porporting to come from bey Pik en it was in the eve- ning; he did not return to Harlem,that night; the next morning, Tuesday, I left Harlem and went to the city; in the six o'clock train; found Mrs. Hayes in the was there also; Mrs. H was sitting alongside of , and he wae lying on the couch. Q. What did he say at that time in reference to. his condition? A. He said he had been sick all night; said Mr, Hayes had been there, and Mr, and Mrs. Hayes bod }ocn quarreling; he said that was the cause of his wie ying there all night; that be wanted to loave the room; he said that she had takewa revolver up to’shoot Hayes; went to Jefferson Market Police Court with her, between ten and eleven o'clock in the morning; the Doe- tor accompanied us; no one else; from there I went to the Doctor's office. Q. Did Mrs. Hayes say anything to you in reference to Mr. Hayes’ A. She said she did not wish anything of him if he would aaly leave her, and not follow her everywhere she went; on leaving the office I went home to Harlem with Mrs. Hayes and the Doctor; nothing occurred on the way to the cars; Mrs. Hayes re- mained with us that it, and fortwo or three days; she went to the city on the second day and returned in the eyening; aftor she left my house, ahe went to her own ime, Mr. Hagan’s; after that { went to Mr. liayes’ that evening; 7 went to ask him for an apology for what he had said adont the Dr.; he wrote hing on a piece of paper, and gave it to Mra. Hayes, and she gavo it to me; (paper shown to witnoss,) that is the paper I saw that evening. ‘The paper then read, as follows: — asap tae. hi oer uae Mt Sat w RT. Lutener. Deo, 22. To ee. Loveren, Mic ‘WM. HAYES. getting this paper; on my home met my hasband; he was waiting outside for mer next on the Saturday morning before saw her at our house; it was before strongly recommend you to mercy. ‘They would not only save your life, but, to agreat extent, your liberty. In view of that recom , instead of seven year, ‘the highest allowable ity, the sentence of the Court ip— it is the mildest the Jaw permits, and am not disposed to aggravate it by harsh comments—that you, and exch of you, be imprisoned in the State prison for the term @ four years. First District Court. Before Hon. Justice Green. LANDLORD AND TENANT CASE. Yhe Suffolk Bank against Arnold Brothers .—This is summary proceeding in ejectment to recover possession of the third floor of the building No. 82 Wali sireet, for the non-payment of three-quarters rent, due on the Ist day of February last, amounting to $812 50, alleged to have been leased by ‘the bank to said Arnold Brothers & Co., and now in the occupation of that firm and one Green, and which rent had been demanded, and the tenants hid made default in payment of the same. The tenants, in their counter affidavit, state that they hold the premises in question under the lease set up in the landlord’s agreement, but say that they hold under a lease from the Suffolk Bank, made prior to the lease in question, for four years, at the yearly rent of $350. On the trial, the landlord produced as a witness, Moses M. Bradley, who swore that he has been cashier of the Suffolk Bank since September, 1852; that the bank leased the entire building No. $2 Wall street; that W. Karl Arnold was President of that bank down to Sep. tember, 1852, when John W. Ramsey became President; that inthe forepart of May, 1858, he heard a conversa: tion between Mr. Ramsey and Mr. Arnold, in which the former told the latter that if Arnold Brothers & Co. re- mained in the premises in question another year, they must pay a rent of $660, that firm then being in posses- sion of ‘the premises, and Mr. Arnold being a member thereof. Br. A. seemed to acquiosce in such arrangement; he raid, “Very well.”” On bis cross-cxamination be sald that Arnold, Brothers & Co. had been in possession of the premises ever since he had been cashier of the bank; that the lease then shown him was under the official sea of the bank, and was signed by W. Earl Arnold as Presi- dent. Itbears date September 7, 1852, for four years , from May 1, 1852. at $850 perannum. The President, | myself, and’ one other person, are the directors of the bank, and there are no others. The Judge refused to grant the application, on the grounds, first, that the | written lease to the tenants for four years from May 1, | 1862, at $850, under the corporate seal of the bank, was a valid and binding lease, the bank having, by their acts, ratiGed tbe same; second, the conversations of the par: ties in May last, from which Tam asked to infer an ment for the letting of the premises for one year, operate as a surrender of the former lease, nor a4 a mer- er of the same—it being for «shorter term and for a fore amount of rent. Personal Intelligence. ‘The Hon, D. M. Barringer, late Minister of the United States to the Court of Madrid, arrived in New York from | Liverpool, by the Pacific, on Monday, He was waited | upon immediately by the Cuban exiles, who were anx- ious to testify their respect for him. The exiles were headed by Senor Tolon, and they intend to march ina | body this evening to front of the St. Nicholas Hotel, | in order to honor Mr. Barringer by a serenade. Goy. Thomas, Maryland; Erastus Corning, Eaq., Albany; Col. Reeve, U. &. army; Gen. 8. B. Diffenderfer, Ky.; Roadwood and family, England; C. H. Patton, Ala.;G. B. Crittenden, Ky,; Lieut. Col. Harden, U. 8. Army; Liew Col. F. Loyd, 40.; Major J, ¥. Lee, do.; D.$ Harrison Huntersville, Ala.; Judge Hutchinso: P. Monteith Albany; W. &. Driggs, Detroit; ( 0 Capt. J. Massy, Hamilton, Canada; T. D. f Troy; J. J. Floyd, Boston; B. 8. Jobneon, Savannal ninong the arrivals at the St. Nicholas yesterday. Hion. Win. MeHenry, Mich.; C. W. Cook, San Francisco; | A. Chickering, St. Louis; Thomas Heaton, London; Don Juan Clausel, Mexico; Don Manuel Castero, Havana; C. D. Blanchard, San Francisco; N. R. King, Ala.; Geo. T. Silsbee, Salem; N. P. Stewart, Detroit, were among the arrivals Tae at the Metropolitan Hotel. . Gov. Macy, Wi . Dominjo Grouad, Nicaragua; Capt. Allen and daughter, Conn.; Capt. I. A. Rich and family, Boston; Hon, J. J. mand family, N. Y.; Hon. Mr. Mahafy, Baltimore; Rev. Morgan Dix, Ohio; Hon. John A. Dix, Albany; Madame J.ambort and famil Beaton; Sig. TF. de Meira, do.; Mad. Gaylord a mily, Philadelphi Hon. J.’ Pringle Jones, Pa Ward, Westchester: (: , A ©. D. Chapman, Burlington, ar- t the Union Place Hot oe era | Ney ow Farland, x foncord; C. Wil- | rrived yesterday at the Prescott. | gusta: J. Owen, N.Y.» arzived yo Detroit; 8. G. Wil- ita aroptuse; A, He Shepard, Va; Col. Walker, Wis.; M, Ruggles, P'a.!.M. Mankin, Baltimore; W. Abbott, Phil : BB. Watkins, Hartford; Hon. M. M. Strong see ty, Wis.; Geo. W. Strong, Vt.; Hon. Rufus te, Boston; Rufus Choate, Jr., do.. Maj Scott, AL | Weer cere among the arrivals yesterday al the Astor | House. ARRIVALS. », in steamship A usta—Mre Palmer, Mra A Lawton and ve children, H W From Havana, Staples, Wm B brig John Ronsov—H P A Andrews, J Sash, H Bester, N Basler, N Bunoher, PASSENGERS TO ARKIVE. In the stearoship Black Warrier, sailed from Mobile 25th, It. for New Yor! Chas es the Legislature, and said that he had examined the law and knew it to be a good law. The men who had yoted for the law deserved the scriptural commendation, “Well done, good and faithful servant.” ‘The poopie will reward them yet. In relation to the veto power, he said it was a relic of barbarism, only retained in the consti- tution to prevent hasty or unconstitutional legislation. ‘The Governor takes occasion to say that this law is un- constitutional, because it provides that places shall be arched for liquors. There isa phrase in the bill of rights which prevents unreasonable searches. What ia an unreasonable search? Wo have a right to search for contraband goods, and we have a right to search in any place where we suppose stolen goods may be. Why, then, have we not a right to search for liquor when we have two oaths and proof that liquor was sold on the premises during the month previous? This is the Frat strength of the law, that we can go into these private places and bring out the liquer ‘The Governor also save that it destroys the law of evidence to take it for granted that delivery of liquor is proof of sale. Now, in civil suits, as lawyers well know, there ia no way to prove a sale except by the delivery of the goods. ‘Phe also objects to the destruction of property | under hls law _ an unconstitutional. | Now, propetty ta seized for taxes at once, and it wayn been held to be good law. It is done without process, and there is no forensic trial and judgment about it. ‘This is more particularly the case with aca. bling implomenis. We do not seize the liquor without due process. The holder of the liquor has even opportu- nity to prove that he possesses it legally. also objects to the provision which states that having knowledge relative to the sale of liquor, subpormeed to testify to the fucts. He says that this is obliging «man to testify against himeelf. Such is not the case, because we all know that we have a right to bring a man into court, and question him up to the when he objects ; then he can refuse, The fact is, the Governor was afraid of this measure, as he would of all good measures. thing that went nearer home than any other, was the provision that a married woman fl | misery and pau; might sue the rumseller who had gotten her husband drunk. This was one of the wisest measures in the ‘The Governor dodged the main question, to indulge fm specialities, He refused to tell the people how the tem- erance men were endeavoring to alleviate misery and leesen taxation. The speaker wished that the Governor could see between this time and November, all the +o nents of this bill and all supporters together. But we have an engine against him, which will be used, and the petbie will say to him, Man) ye accursed, into outer darkness.” ‘They have it all arranged. Gov. Se} was dead before he vetoed this bill, and now he is dead again. The bards will slaughter him, the whigs will bury him, and the Maine law men wil write his epitaph. (Great laughter and applause.) 1 hope that brother Delevan will not pronounce a eulogy te his memory. (Cheers.) Mr. OakikY sang a temperance song to the air of “La Marseillaise.”” Rev. Mr. WARREN made a statement of the objects of the Temperance Alliance. ‘Their firat object waa city reform ; the second, to secure the passage of a pro- hibitory liquor law; third, to prevent the o 5 of dram shops on the Sabbath; to act. politically to bring about the foregoing objects, and forward the cause of popular education. The City Alliance will also endeavor to bring abaut the execution of all existing laws against dram shops. They will put the “grab of the law’’ on the Aldermen and the Mayor, in case they issue licenses this year as they did last. The results will be knowledge and plenty, insteadof rism. ‘The speaker closed his remarks with an appeal forfunds. A Gey TLeMan in the audience wanted to speak bofore the: boxes were passed. So the collection was deferred until the close of the » H. Cnariw came forward and said:—It has al- ways been my purpose, in discussing this qué to base my remarks upon reason, as it is a mi interest. So I will not impugn the honesty of Go- vernor Seymour's motives, though he did, I exhibit a strange vacillation of purposo. | It seems that the prohibitory law reste upon three (great reasons; and the first is, that we have The. truth the matter. We contend that the abuse of in! liquor is the greatest social evil. It isnot a case of use and abuse. ere is no use for intoxicating liquors. Yesterday morning many Of us were distressed at the idem that our Croton water was to be cut off, or its suppl; | diminished. Now, would anybody have been oe fountains of rum had been cut off? No, it have been an occasion for general joy, and it seem if the would to me that every bell in the city would Lave own accord, Cae) only following out a principle, has aiready been acknow! It must be right or wrong. If righ: not right to restrict it; if wrong, we have a right to de- mand si it shall te looked up altogether. applause.) Another est to stop the sale of liquor. Every eftizen is interested: in the prevention of crime and the alleviation of misery. One can’t go anfwhere without falling in with a mam with a breath like a citer barrel, or a falling into you like a catapult. Your children demand the pas- sage of this law. Itisnota fanatical question—it is a ques~ tion of whether or not you will abolish a great social curse. Our final ground is that the will of the majority is im favor of this probibitory Jaw, as expressed at lant election, and it rejoiced the speaker to see that thera was something Which could do away with party fee! for once at least. The reverend gentleman was nos afraid to leave the matter with the people, and he hoped that it would yd ae A by . He was wil- ling to wait for the great tide public hoy Mg Was sure to come up and sweep a, all false Govermor Seymour’s veto was written in sand, and the next freshet of a popular election will wash it out.» (Great cheering.) Chapin’s remarks, a collees At the conclusion of Mr. axBLY, of New York—My speech shal¥ tion was taken u} -y few words, and that is, 1] exactl; The Rev, Mr. consist of it “ the good Apresses my sentiments y. time coming’ Benediction was then pronounced, and the meeting ad journed. ‘Wills Fine iw pom A rab a om aren ing, # fire originated on the first floor of Mosare. Law~ rence & Sons’ jenny honse in Bushwick. By the efforte of the fremen of this city, who were early on the; the flames were confined to the building, i 4 brick, and three stories _ The damage honda 7 ing is estimated at $1,500, on the cg Mog ,000, and on the stock about $200—total, $9,700; com vered insurance fn of the New York fcompa- nies, also in the Williamsburg City Insarance Com. pany. It is supposed the fire was caused by the frictionr of the machinery, which ignited the loose tow on the. floor. PRevernne 4 Riot.—The laborers who have been em~" ployed at the yard of the Pennsylvania Company aw the foot of North Ninth street, who ar@ now on a striker Noal, A FC Mareb, Joe Delve Vegas. for an advance of wages, assembled y Soraing | body in the vicinity of the yard, were |, pial ie that an ae © the —— we thot rusal to disperse, Sa who were out full foree, ‘some fifteen of the men, them before Justice Boswell. Several of the party were committed to the and the remainder gave bonds to appear for examinat!