The New York Herald Newspaper, May 9, 1854, Page 2

_ we “TRIAL OF CLARA HAYES FOR THE MURDER OF DOCTOR LUTENER. TESTIMONY FOR THE PROSECUTION CON- TINUED. Court of Oyer and Terminer, Before Hon. Judge Roosevolt. FIFTH DAY. Mar 8.—The Court met this morning at 10 o'clock ‘Mrs. Hayes entered the court room shortly after. She appeared to have rcevered in some degree from her re cent iiness, but still was unable to sit up, and occupied her couch during the day. The court room was crowded Shroughoat the day ; The testimony for the prosecution was continued, The first witness called was— David Uhl, sworn—I am physician; have been be- ween four and tive years in practice in this city. Q. Did youknow Dr. Lutener? A. Tdid not. Q Did you make a post mortem examination of his body? A: I did Q When and where? A. On the 10th day of January last, at the corner of Broadway and Grand street. Q) Who was present at that examination? A. There were several persons present; Coroner Gamble was present; Dr. Downes was also there, and a number of | other persons; I made the post mortem between two and | three o'clock in the afternoon; can’t state the. precise time. Q. What was the result of you#™examination? A. When Icame into the room his head was lying toward Grand street on a bundle of papers, and there was a con- rable quantity of blood aout; he was lying on his dack; his mouth was open and his face pale; I then turned the body slightly over, and discovered a wound on the loft side of the head, two and a quarter inches behind the ear; it was directly in a line with the opening | of the ear; it was the left ear; Coroner Gamble had left a man to take care of the body; his hands were clean There was no blood or powder upon them, and no powder | on 1 part of bim. Q. When did Pr. Downes come in? A. I went back, and Dr. Downes came in about half an hour; and shortly fterwards commenced the pos! morlem examination; we nature of the wound, and stated it was my opinion tha’ it was not a suloiie. seca a recess 5 pecan ty reaumed—Sawed out a plece of the temprous bone; sawed on each side of the ball, #0 as to got the ball out without injuring it; did not keep the piece of bone that I sawed out; sawed almost in contact with the ball; sawed it with asaw I have in my case; liave only one saw in my case: thickness of the | blade was about that of the middle portion of this knife | (exhibiting in four different directions to get the ball out. to court an ordinary pocket knife); T sawed | e By District Attorney—Were you able to forma judg- | ment as to whether the deceased, at the time he received the wound, was standing or sitting? The question was objected to, and ruled out by the Court. Coroner Gamble sworn—I am one of the Coroners of | this city; held the inquest on the body of Dr. Lutener; at the tline I arrived there, about half past eleven o'elock A. M., the bod street, on the back; there were some newspapers lying under the head on the floor; after I looked at the body I . Went into the consulting room and found Miss Shipman and Mr. Cockefair; obtained from them the revolver; it was loaded and capped; couldn’t state how many Sg were on it; the next day, for fear of an accident, Mr. Cockefair took off the caps; there were then five or six barrels capped; from that time until thé pistol was delivered to the District Attorney, it was kept in my desk; a man by the name of Hagan Was examined before + that inquest. State in what way that deposition of Magan was ken before you on that occasion? A. His deposition was en in the usual way: I swore him and told him togo on nd state tothe Jury all he knew; I can’t tell what he said he went on and stated it, and signed his name to it af- ds; before signing his name toit, I think it was read im; T was present at the time of Mr. Hayes’s arrest. Q. When, and where was it? Objected to, and exception taken. A. At No. 1 Nassau street, up stairs, on the 10th day ef January last, between the hours of twelve and one. Q. How do you fix the time? A. I got back to the Hall before one o’élock; I had not noticed the time myself, for Thad no watch with me, but Mr. Cockefair took out his watch when he got down in the street and looked at it, and said it wanted twenty minutes of one; I did not look at the watch. Cross-examined—Q. Don’t you carry a watch? A. No; I have two at home Q. How long have you been Coroner? A, It will be two years next January; land Mr. Cockefair have not ti 1 was lying with the head toward Grand | shaft, Falcon, the difii day’s trial trip at sea, running that a careful examination 2. com| ’» wutting the work in, and without trial trip, would have Noorered whether the fitting of the val seat was correct, and whether there valve to drop. Q By © Member—Would a competent engineer have discovered the imperfections in the valves of the Falcon sa trip to Sandy Hook and back? A. Yea, Q. By another Member—Would the careful examina- tion by a competent t of necessity have discover- ed it without a trial trip? A. My opinion is that it would. TESTIMONY OF CAPT. LOWE. Capt. James W. Lowe having been sworn, testified as follows, for the defence, on direct examination:— Q. What is your profession? A. Inspector of the Commercial Mutual Marine Insur- mere intend the building of the steamer . you superinte: ie of e 8! Falcon? and if Pn" lease state all you have known of her, from the laying of the keel to thia time. A. I did; Icommenced with her when she was partl, in framo, in August, 1847; she was a pattern ship, built after pattern of the Northerner; she was, as was usual with steamers then, not so heavily ‘timbered now; I requested the builder to strength than the pattern, but do it without extra pay; aS the Northerner; we launched her on January 22, 1848, and then moved her to the North river for her engiaes; about August following she was ready for sea, and went on a trial trip under direction of the government, with a view to her purahase by the Navy Department; they did not take ber; I cannot my certainly of their reasons; it was about the end of Mexican war, and they had wanted her for that service; that was one reason I was aware of; we found her to perform very well; she appear- ed to be a very good vessel; she made two trips to New Orleans, and on those trips performed very well; after that she was sold, and the new owners made alterations in her; they put a heavy topgallant forecastle on her, which strained and hogged her; she was sold in Novem- ber, 1848, and this alteration made not long after; this put her out of shape; I don’t know how it affected her sea | qualities: after they made another alteration they shifted tolked this affair over since; have not read the whole of | the testimony; have not read Cockefair’s testimony; have not been told about it; have been in Mr. Blunt’s office yes- terday; can’t say whether I haye heard Cockefair’s testi- | mony spoken of; got up on the morning of the tenth of bund the ball had lodged in the temporal bene; | gave hhe bail to Coroner Gamble. The bail was here shown to Witn Q. In reference to this por he temporal bone yhere the ball lodged, ste ion as compared tith the point of entranee. y opposite to | he point of entrance, a little in front; the line of pas- wage was straight through. @. Suppose that line had been extended so that the pall kad come out, in what partof the head?’ A. 1 think it would have come out here, (witness pointed to the up per opening of the ear.) Q. State the character of the wound where the ball npparently entered. A. It had clean edges, a little de- pressed; it had a slight bluish appearance; there were no grains of powder in the skin, however, nor was the hair burnt; in passing my finger through the wound to the in- ner portion of the scull, T could not find the wad; Tal ‘ways look for the wad when I examine a wound; chat is all about the appearance of the wound Q. Did yousee the small pistol spoken of? A. T saw it some time after the post mortem Q. About how long after’ A. About half an hour after. -Q. Did you make any examination of it? A. I looked at the pistol pretty closely Who was it that showed it to you? A. Coroner Gamble. Q. What was the result of your examination? A. There was a dark mark around the nipple, as though the cup had been exploded; can’t say I noticed anything far. ther about the pist Q. Have you ever a Amination of cases of s A. Thave. i Q. How many? Eight cases, I think; may have made One or two more, or less, but am pretty sure it was eight, ‘Q. Have you read of such cases? question overruled.) Q. From your experience—that is, cases that you have Been—are you able to form a conclusion or judgment in your own mind as to whether the death of Doctor Lute- ber could or not have been, from the cause described, produced by himself? A. I don’t think it could. Q. State the reasons which influence you in arriving at that conclusion? Question excepted to. A. I judge, first, from the situation of the wound; it ‘was ow the left side, and it would have been very dificult for him to have shot himself without placing the pistol directly in contact with the head; I don’t think it was placed in contact with the head, from the appearance of he wound; I have always found that when the pistol is placed in contact with the head the wound is rag: ged, larger than the ball, the skin often filled with grains pf powder, and frequently there is a fracture of the skull; in all cases where [ have examined there has been pow- r made a post mortem ox: by shooting in the head? (Odjected to, and January at about 9 o'clock; got up- before breakfast; diln’t dine that day; didn’t get a bite tia; 1 think I breakfasted before ten; arrived at the oflice about ten; I am pretty sure of that; I made | no memorandum of time that day; think I rode that morping; I did not hold an inquest that morning before 1 got to the office; don’t think I was in the office when a note came;1 don’t know where it is; started to go to Lute- | per’s at half past eleven o'clock; 1 did as I usually do, examine the pockets; the clothes were wet; did not turn the body over; saw a chair standing in the room; it was an office arm chair; it stood somewhore near the stove; when I went away, carrying the pistols, [left no one in particular in charge of the body; 1 got there again at quarter past one; the body seemed to bein the same po sition: can’t say whether the doctors moved it; remained there till the body was removed; soon after the post mor- tem it was laid out and carried into the consulting room; the post mortem was conducted on the floor. Q. When you returned from Mr. Hall’s office and reach- ed the City Hall what time was it? A. It was one o'clock by. the City Hall clock. Thomas 0. Dore, sworn—Am _ a dry goods clerk at No. 47 Proadway; was there in January last; boarded with 16 Cedar street; have seen Mrs. Hayes; saw day at half past 12 ek, where I usually 16 Cedar street; heard of the death of Dr. Lute- ner; first heard of it by reading an account of it in the pa- aw Mrs. Hayes the day previous; saw her at the here Lusually dine; had never seen her before; no was anybody she could send for her husband; she had no bat on, I believe. Q. What further passed? husband’s place of business was; she street, I believe No. 1; I volunteered to go there; I till I got home to | A. Tasked her where her | said Nassau | asked hier what Twas to say; she requested me to teller | husband (Mr. Hayes) she had been taken very ill coming down Broadway, and wished to see him as’ soon as he | could come to 116 Cedar street. Q. Did she actually say that herself? A. She did; I | went to his office and delivered the message to Mr. tier on the hands; the pistol is also often grasped in the | hand, or lies near them. ‘The Court—Does it make any difference whother the pensen is left-handed or right handed? A. Undoubtedly t would make some difference Q.—From the character of this wound and the exter wal appearances presented, were you able to form auy Jeaas to the shortest distance from the muzzle of that sistol to the head? * Question objected to and exe Witness—I don’t think it o pnce than six inches. Cross examined—Q tising phy on taken. i have boen a less dis- How long have you been a prac- y Four or five years, , @ Have y ‘ced surgery asa distinct branch of your profession’ A. enol. @. bid you graduate at one of the medical colleges of the city? ALY Qy A. At the Crosby street Mejical Col- lege o Lwent after Dr. Downes I was not absent more than ten minutes; I went to 108 Grand str few doors weat of Broadway s was not in first got to Dr. Lutener’s 1 Miss Shipu a gentleman whom Coroner Gamble had left to ta of the body. P Q. Was the body of the Poctor moved while you were , there, exeept by yourself? A. No Q Was the post mortem examination held in the room he lay when you first saw him? A. Yes; ved the body so as to give us facilities to ge it; I think we turned the body on its face once ck again, we moved the body by the feet towards th about twelve inches. Q Pid you ever conduct a post mortem examin‘tion alone’ A. Very frequently. Q ™d you ever conduct a post mortem upon the body of a deceased person said to have come to his death by a shot wound? A. I have. Q. How often? A. Three or four times; can’t say posi- tively; I held a post mortem on_a body in Fourteenth #trect, before the death of Dr. Lutener; his name was Connor, I think; s good many months ago, in Fulton Street, sho; the shooting in that ease was in front, on the right side of the head; I measured the distanee of the wound from the ear at the time, with a string; it is in my office; I have seen it since; after [ had measured I rolled it up and put it in my pocket; don’t know whether Dr. Downes saw me measure it or not; it is a piece of twine; I can’t tell where I cut it; it was a piece of twiye I had in my pocket at the time; can’t tell the length of it; don’t know how long I carried it in. my pocket; don’t know where I got it from; I measured and then kactted | it, and then measured again to see if the knot was inthe | right place; I then did it up and put it in my pocket; I | did not have it in my pocket at the Coroner's inquest; I went directly home from the office; didn’t show it ‘to any one on the way; can’t say whether I have had it | out of my drawer since; have no recollection of it; | after 1 arrived home I measured it; I measured it witha wooden rule, one foot long; don’t think any one was pre- sent when I messured it; rolled it up immediately and put it away; have done nothing with it since, fo my re- collection; it isa little one that I have been in the habit of carrying in my pocket; have not got itnow in my et; Tused it up and itis now gone; that book had he measurement of the cord in it, and also that I had made the post mortem examination on such a day; it had Bothing else; don’t think the minutes of the post mortem are yet placed in the book; the minutes were taken by myself; the case is written out, but not yet transferred to the regular book; Dr. Downes assisted mo in various ways. @ Describe the post mortem. A. In the first place we, together, put a box under his head; I then made an inci- sion across the top of the head, dividing the scalp from ear to ear; I then turned down the scalp on one side and exposed the bone, and Dr. Downes the other; we then @awed the bone; there were no minutes made up to that time; after the upper portion of the skull had been re- moved, I took hold of the brain slowly and saw that the spinal marrow had been severed from the brain; I then took the brain out and placed it e!ther ina bowl or on a board, which Dr. Downes procured: we then com- menced looking for the ball; we cut it’up in small pisess but could find no traces of it; the pieces were balf ax bigas your hand; some were very small; they varied from one inch to three inches square; we found no trace of the ball in any part of the brain; we exam- ined the inside of the cranium, both at the same time; the upper portion of the ekull had been entirely re- moved, aud we were then examining the base of the skull; Dr. Downes sawed some, but nota great deal: f did most of the sawing; I passed my finger tbrough the wound after taking out the brain, and finally foand the ball in the petrus portion of the temple bone; where Hayes. Q. How long did you board at No. 116 Cedar street? [Question objected to and allowed by the Court.} A. About six or seven months. Q. What part of Cellar street is it? A. West of Broad- way, within two doors of Greenwich street. cS examined—I usually dine after 12; it was be- tween five and twenty minutes after that I started from the store; did not goto Mr. Hayes’ office till after I had my dinner. The District Attorney here offered in evidence the de- position of Hagan. He offered it with a view of saying that on the Coroner’s inquest the said witness stated differently from what he stated in court. After some discussion the deposition was allowed to be read. Cornelius RB. ; my place 72 je in York- on the 10th of January last my place of business t No. 18 Nassau street; knew Mr. and Mrs. Hayes: prior to that tim t ten minutes of ten’ ‘bout ton jee; that was saw Mra. Hay minutes past ten o'clock in Mr. Hall's o! No. 1 Nasrau sires my office: Ir to Mr. Hall’s; minutes before I went ing on Wall Tremain { morning; Mr. Hall brought her to my about three o'clock: I went to Harlem oppel on the way at Goslin’s restanrant ss of water; we went to the Tombs, for tho ng Mr. Hayes; I did not see him; she did ¢ seen Mr. Hayes write; can’t say how often— Ireds of times; am familiar with his handwriting. r shown to witness District Attorney requested his Honor to mark it (Second paper handed to witness. ) Witness—I believe that to be his writing: marked R. 3. Third paper shown; same reply; marked 2.4. Fourth paper, marked R. ed R. 6; same reply. Several payers were here shown to witness, who iden- tiled them as being in the handwriting of Mr. Hayes. was the nine o'clock t: on arriving at the depot I went to | y minutes; saw Mra. | ‘the same reply. Fifth paper, mark: | her wheel-beams from her lower deck to her upper deck, which I think was not calculated for that weight; this was otween 1648 and 1880; after that they put the cabin or upper saloon on her deck; that I should think pretty well ruined her—a vessel of her construction—loaded her down —like taking a racehorse and making a camel of it. Cross-examined.—Q. Have you been in her at sea, and known her qualities and those changes? A. No. Q. By Major Wyse.—What was the reputation of the Falcon among naaticul men, a a seaworthy vessel, pre- vious to her recent return from sea? \. Very poor generally. TESTIMONY OF JOHN ENGLISH. John English, witness for the prosecution, having been sworn, testified as follows on his direct examination:— Q. What do you know of the Falcon? A. She was built by Wm. H. Brown & Co.; he is in Cali- fornia: 1 was his partner at the time. Q. Did yor according to your own idea, or to or- der, after pattern’ A. To order, after a pattern. Q. Was it a good model for a good seaworthy steamer, or not, in your judgment? A. Ye Q. When finished, what was her condition and fitness for sea service? ‘A. As good as any steamer afloat at that time. Q. Do you know what changes were afterwards put on five feet less than before; they were that much higher above the water: that was an improvement made to her after a trial of it,and proof of its advantages on the Crescent City; 1 know of no other alterations to the ship; th state rooms on her upper deck—a saloon you may ¢all it—that is, light joiner’s work put up there, i at ha not material to the strength and durability of the ship. Ke Iho you know if it affects her sailing qualities and rafety’ A. No, I think not. Q. Are such saloons common? A. I believe they all have them on. Mr. Collins’ ships have got them on'since they started. * How about a topgallant forecastle, put on her after she was built? A. Lknow nothing about the mode it was put on. I know it was put on. Q. Could it affect her sailing qualities? A. No, I should think not, It only raised it about three feet above the rail. Q. What do you know of her condition when she last went to sea? Tid you regard her as seaworthy? Ay That ‘cob bao Gi Aidan aes recy Altres Ob) SOE 2 TE oita aioe oui iga Wc ETtatee aor prCRRDLoxC a | by the language used years. : Cross-examined.—Q. How far above the main deck are these bulwarks built up? A. The bulwarks to the rail four feet, tho sides above that—I don’t know the height. Do you mean to swear ghat all the sea-going stea 3 haye upper decks or saloons built on their main decks in the same manner as the Falcon has? ‘A. I don’t pretend to say so. I say that the Collins line has had saloons put on their main decks since they inte to Liverpool. Idon’t know how the Falcon’s A uilt on. Q. Do you think it as safe to build a cabin on the main deck as to build it in the framework of the hull? A. They answer as well. Iam nota seafaring man; | ceeded to hi | then went rae Eagle Hill, for the pur have never heen ontside of andy Hook, and know noth- | | ing of the dangers of the sea. TESTIMONY OF JAMES MURPHY. James Murphy, a witness for the prosecution, having been sworn, testified as follows on his direct examiua- tion— Q. What is your business? team engine and boiler manufacturer—one of the s of the Fulton Iron W J you make the boilers of the Faleon?—if so, what is the quality of her machinery generally ? es, I put them in in February, 1861. The boilers © a8 good, I suppose, as could be made. Her engines rood, @. When did you inspect her last before she went to . I went on board of her a few days before she went to sea; I did not go for the purpose of inspecting her; I did not examine her particularly; I looked at her engines and boilers; they appeared to me about as they did when we replace them in 1851, to outside appearances. Q bid you judge them and her seaworthy, and would er? you have been willing to go to sea in A. Yes, sir. Q. How much aterm eoull she carry ? A. Her boilers were capable of 50 pounds to thé square ineh; they were much stronger than her original | boilers. The District Attorney said he proposed to put these | letters in evidence. A long discussion ensued as to the admissibility of the letters in evidence. The Judge finally decided to postpone his decision in the matter until this morning. The court then adjourned at half-past 4 o'clock, until to-day at 10. TRIAL OF MAJOR WYSE BY COURT MARTIAL. the ball entered the occipital bone, I found no fracture; | the average thickness is about a sixth of an inch; did not measure the thickness in the skull; I inserted my fingor into this hole, within a quarter of an inch of the nat joint; at the point where the ball entered, there was ‘tan inch thickness of flesh on the bone; when my fingér got through the flesh, it met the occipital bone, the low. er portion. Will not the appearance of a gun shot wound ma- terially change in the course of a few hours? A. It will change somewhat; not much; this slight bluish appear. ance was caused by the extravasation of blood around the heart; I saw some water about there; the head had been washed; on the wound it was saturated with water; when I first examined the body, the hair was wet; cut some of the hair from the wound; don’t know ‘which side; the orifice could not be seen without cut- ting the bair; cut it with » pair of scissors; the hand: Lisl not been washed: there were a few drops of water on the back. Q Were you examined mer's jury? A. Yes. Q. Did you measure the distance of the wound from abe ear before you were sworn? A. I did Q Did you give your testimony in view of the mea- Burement? A. Yes; I was asked the messurement on he Coroner’s jury, and I stated I had left the measure: home, and I did not recollect the inches; I made Ahe minutes in the room where the body was, directly a witness before the Coro. MORE TESTIMONY OF THE PROSECETION. FIFTH DAY. The Court met at ten o'clock yesterday morning, pursu- ant to adjournment, and all the members being present, proceeded to the examination of witnesses for the prose- cution, a8 follows:— TESTIMONY OF ISAAC W. AYRE. Isaac W. Ayre testified as follows, on his diroct exami- nation: — Q. State your business? A. 1 am an engineer, of the firm of Mott & Ayres Q. How long have you been in that profession’ A. Twenty-cight years. Q. Did you examine the engine of the Falcon? when, and what did you find her condition? A. I did examine her partially, on Wednesday of last week, I think; I found no important break-down about the engine; I discovered, so far as Icould see, no other part of her engine -defective except the valves of the steam chest; I only saw one of the steam chosts open: the valve was olf its seat about one-sixty-fourth part of If 90, an inch when cold; that would make a considerable | Jes kage, and the lifting of the valve would be very likely to be increased by the expansion of the vaive stem, | when heated. Q. Could this valve have been in place and the engine, so Jepended onit, have worked well for a time’ Q oe you know of anything to make her unseaworthy? A. No. ¥ Cross-examined—Q. Suppose a sea steamer is sent to #¢: with the valve stem of her steam chest so long as to rest on the bottom of the chest when cold, would it not be proof of great carelessness on the part of some one ? A. Yes, of those who put it in. Q. Do you know anything of the seaworthiness of the hull of the Falcon by personal inspection ? A. No. TESTIMONY OF JOHN M’GOWAN. John McGowan, a witness for the prosecution, being sworn, testified a8 follows on his direct examination :— Q. What's your profession » A. Mariner and shipmaster. Q. What ship do you now command ? A. The steamer Empire City, in the service of the Uni- ted States Mail Steamship Company. Q. Have you commanded other ships of that line ? A. Ihave; the Crescent City, Philadelphia, George Law, Cherokee, and Georgia, on this side, and the Co- lumbus, on the Pacific. Q. Po you know the Falcon and her sea qualities? A. 140; 1 have sailed in company with her at sea when I commanded the Crescent City and the Georgia, but I have never sailed in ber; have been on board of her many times. Q. What are her sea qualities ? A. Good, in my opinion, as any ship in the line. Q. Hasshe been in storms ¥ A. Yes, through a great many, as any vessel necessa- rily must be which has been four or five yearsin the | Gulf of Mexico and the Caribbean Sea Q. Are these very stormy seas? A. Yes, in the winter time; we have heavy northeast- ers about every ten days. ‘ Q. Did you see the Falcon before she last went to sea? A. Iwas not on her at that time. Q. What top hamper had she? A. She bad some staterooms on her main deck, ands hurricane deck extending over it as aroof, to the side rail—a passage way on both sides; she has no saloon on her main deck, which ts a cabin with staterooms on both | sides; her staterooms are in the centre of the ship, as they are on the Collons line and the Charleston steamers, except that on the Colling line the hurricane deck does | net extend to the side of the ship, nor beyond the cover- A. That would depend upon the cause of its being up. | In filling the valve and its seat together, in the course of repairs, the grinoing from earolessness may not be so | executed as to leave the suriaces in contact @ true cir: cle, but the high part of the convex ma part of the coneave, and the fit may be close; but after- wards, in the working of the engine, the valve may work round on the seat and the high parts of the low surfaces of the valve and its seat. The explanation supposes the opening or lifting the valve to depend on the surfaces, and not on the length of the valve stem. Q. How jong would it take to remedy the defect in both cases: first, if the lifting was from the defective, and second, if from the length of the valve stem? A. In the first case it would take three days; in the second one day. Q. Could those repairs be made at sea? A. Yes, if the vessel could lay-to; they have the moans and conveniences for such repaira nt sea. They would, of course, have had to put out the fires, let off all the steam, and take that part of the machinery apart. + Q. Was, or not, in your judgment, except ia the ticular you describe, the engine of the Faicon in seawor- thy order? A. 1 saw nothing to in: that it was not in sea worthy order, except on that point. Cross-examined.—Q. Were the valves of this engine | originally imperfect ? ‘after the examination; we did not sign that paper; can’t | way if Dr. Downes saw it or not; wrote iton a plece of Ep mith ;ean't say how large ; it was full fa sheet; Tf put it in my pocket and carried it home ean’t say positively where it is now; can’t ay where Baw it last; was never of the opinion that such a wound ould have been produced by the person upon him-elf; wover stated that precisely; I was asked on the Coroner's § ury whether it was possible that Dr. Latener could have | pr inced that w on himself; | answered that it w: p’ *%*, WK Would be very difficult, Loxplained the | A. That is a difficult question. I suppose they were originally perfect, when first made. Whether they were perfect when the voseel left port on her last voyage I cannot say, but I think not, | fit in the low | | Q. Was the engine of the Falcon in a foul condition generaliy? A. The engines looked quite dirty, and about the en- gines generally; but that is frequently, and, indeed, al- ways the case, after a voyage, before they have been cleaned up. Qin your opinion, would a proper trial trip have re- vealed this defect in her valves, and should not a trial have been made before sending the Falcon to sea with 900 passengers? A. Under certain circumstances; where important moving parts, the correct action of which is necessary to the working of an engine, have beon replaced or re paired, or when a general overhauling, taking to pieces and fitting up of an engine is in my judgment necessary, and ia generally m: there are many partial repairs in which auch ia not ae essary, where isolated parts are replaced, aga bcvava ing of the staterooms; on the Falcon the passage Way on the ide of the staterooms is open abaft the wheels al the main rail. Q. What is the mode and offect of raising the guards? A. Formerly in hor case as I have heard, the shaft was ontop the beam; | have seen this alteration made in other cases; Idid not see it in her case, but I un leratand the mede and effect of it. When the beam is taken off the shaft, instead of resting on it above, it is suspended to it below: the object is to raise this beam and the rvarda out of the water and to improve the sea qualities of the ship; I have known it done with good effect in ae- veral cases. Q Had the Falcon, in your judgment, any top ham; : endanger her safety at sea, or impair her sea woe Hes? A. She had not. Did you ever go through the Falcon, and thoronghly inspect her hull? A. Not with a view to a critical inspection of her. Is the continual navigation of the Caribbean Sea and Julf of Mexico as trying to the strength of a vessel as to cros# the Atlantic! A. In the winter time, I should say it was—particularly the Gulf of Mexico. i Q. Do you mean to say that raising the guards as you describe inerenses the strength of the hull of a steamer? A. Ido not, nor that it diminishes it, but that being raised Gut of the water the olleet is to relieve the strain on the bu Q. Do you mean to be undetstood as saying that there | are no deek state rooms abaft the wheels of the Falcon? A. No: I said that the state rooms were abaft the wheels, but the side passages were open then above the rai (Here the witness explained, with the aid of a diagram, that the hurricane deck extends to the top gallant fore castle, clear abaft, covers the whole length closed in for- ward the wheels, and open passages absft; as to the to} gallant forecastle, every ship, the witness said, over 8 tons, and many of less tonnage, had them.) Q. Were these deck cabing originally built on the Fal- con? A. That is more than I can aay out them: @. Do you know if the Falcon ever put into Charles- ton in distress? I never saw her with- on her way home for repairs. Whether * put im 1 dy cot know | | were a number of fights between the | | | | i] | their houses, demanded that the man w! | Sanderson, Pe know of the trip of the Falcen, A ayy aa hp ai, be pp of. . by the Court—Do you know about her being hogged by Sens ener” impair her appear- ance, or A. Fo ys ell Q. by Court—Has she canvass enough to make her na- vY? think ale has to get her into port—as unikies saliiewaies San eee » By Court—Can any American sea steamer, with side wheels, beat to windward with her sails? A. No. bale eoe? all use of the engines she would have to make port with a free wind. TESTIMONY OF PETER HOGG. Peter Hogg, a witness for the prosecution, being sworn, make the en, machinery 4 cot eee att every superior engine, T 5 . Itisa a F er . tem ‘% Delamater. i of the firm of . Q. How long ought such an to last in constant use, with proper. care and attention? ‘A. An indefinite length of time, with proper repairs, Q me she received repairs at your foundry? A. Yes. Q. How long have the engines of the Cunard or Collins steamers been in use? A. I don’t know, Q. Do you know the condition of the Falcon’s engines when she went to sea last? A. No. Q. Were the of the Falcon originally from the Tron Witch, a North river boat, and built for the purpose Ericason ? ‘© F' A. They were; an experiment, but there was no novelty about the engines; they were of a tried, approved kind; they were made to carry a very bigh pressure of steam—sixty pounds. TESTIMONY OF ARCHER GUION. Archer Guion, a witness for the prosecution, testified as follows on his direct examination :— Q Are hon of the frm of Guion & Boardman, of the eptune iron works ? A. Xes. Q. Did you repair the Falcon last winter? NA. Yes; we were called w epee all necessary re- pairs on her machinery, subject to the superintendence of the chief engineer of the Mail Steamship Company; his name is Skidmore. Q. In what order were her engines when she left the port 18th April ? A. The engines were in very good order when she left the establishment, so far as I could see. Q. Were they good, substantial engines, fit for a sea steamer? A. Very heavy proportioned engines to the capacity of the cylinder. Cross-examined.—Did you examine critically the valves, to see if they had been ground so as to fit accu- rately in all their parts. ‘A. I did not do it with my own hands, but I put com- | edge men to do it; Isaw the valves when they were ought into the shop, and saw the workmen when they were grinding them in, Q ou know that those men whom as put to do this work made those valves fit in a perfect manner? A. They were made to fit thus: they were first turned down in the lathe as near as possible ‘to the true point, and then put in the seats and ground to fit accurately; Isaw them after they were ground, TESTIMONY OF HENRY B. RENWICK. Henry B. Renwick, a witness for the prosecution, re- | ealled for explanation, testified as follows:— Q. How does expansion affect the fit of the valve? A. If the spindle expands more than the chest, and the spindle touches the bottom cold, the valve will leak; bat if the chest expands most the valve will fit tighter— the probabilities are that both expanding together, the | expansion will have no effect on the At. ‘A. Yes: they raised her guards up, by which she had | * ‘ft ‘The hour of three having arrived, the Court adjourned till ten o'clock this morning. The Riot in Chelsea, Mass. FIGHT BETWEEN THF IRISH AND THE FRIENDS OF | THE “ ANGEL GABRIEL”—SEVERAL PERSONS IN- JURED—ATTACK ON THE CATHOLIC CHURCH—THE | MILITARY CALLED OUT—READING OF THE RIOT | ACT—GREAT EXCITEMENT—ARRESTS, ETC. From the Boston Herald, May 8. The usually quiet village of Chelsea was yesterday the scene of a disgraceful riot, and the Sabbath, instead of being used for devotion and rest, was a day of excite- ment and strife. The circumstances of the affair, as we learn by visiting the scene, and conversing with those whw witnessed it, are substantially as follows:— At about 11 o’clock, A. M., the individual who re- joices in the sovbriquet of the ‘Angel Gabriel,” and whose vehement denunciations inst the Church have created several small disturbances within a few weeks, appeared in Maverick square, and pro- range a crowd of people that assembled at the blowing of his horn. He had spoken but a few mo- between some Irish ut the police interfered, took bance. Soon after a and men in the crowd one of the Irishmen off, and dispersed the mob. juncture a carriage from Medford, where the ‘‘An; Gabriel” had spoken in the morning, arrived on t! nd, and she speaker was taken in’and started for by the orator, commenced a distur- dent ensued ishman was in the carria, ejected with cousiderable violence. ruption the orator’s progress met with no obstacle, and the party arrived at Fast Boston safely. se of addres assembled, but the police eame up and ordered to leave the eretat immediately. Findi that‘ibe‘neeting could not procced, the orator and hi friends returned to Chelsea. Tu Chelsea, after the departure of Gabriel, the excite- ment engendered by him. increased rapiily, and there Trish’ and. Ameri cans. This skirmishing continued until about 3 o'clock in the afternoon, when Gabriel re-appeared in the vicini- ty of the Junction Railroad bridge. Here the fighting Vas carried on in good earnest. The Americans were posted at one end of the bridge and the Irish at the other. The bridge is about. fifty ands in length, and across it stones and missiles of various kinds were thrown in showers. Pistol shots were heard here; but we could not learn that anybody was hurt, with the ex- ception of cflicer Milton, who was Lay the back of his head with a stone, but ‘not dangero Irishmen were finaly driven from the bridge, and they took refuge in what are known as the ‘fifty houses,” on Central avenue. The crowd, after driving the Irish into hurled the stone that- struck the officer, should be given up to them; but he was not to be found. Constables Foster, Cady, and Hobbs, who were on the — who was , and he was forthwith ing a crogd | arrested an Irishman armed with a cutlass, pon to kill, and who had cut aman named Day onthe head. They also took off several others who were throwing stones and using weapons. The mob, however, did not seem to be satisfied with these arrests, and stones continued to be thrown on both sides. The riot beginning to assume a serious as- t, Deputy Sheriff Ri ordered tho bells to be rung to ber the citizens togethers The people responded to the of the officers of summons and came to the the town. The rioters seeing that they could not do any furtherdamage to the houses of the Irish than the breaking of windows, started for the Catholic Church on Mount Bellingham, about aquarter of a mile distant. they soon gathered to number of one or two thousend and in to hurl stones at the windows. This lasted for some time, until the cry was raised. “tear ish | At this | On driving off it was ascertained that an After this inter- | ly injured. The | down the building.”” The officers attempted to stop the | mob from proceeding any further, but we doubt whether they could have effected much in,the way of quelling the | excitement. time, between five and in rung, the ‘riot act’? o'clock, the bells read by Sheriff fastened on the gable end of the building, to the ground. The boy accomplished the feat by the aid of the rain conductor, and alter it Was done, he was put into a carriage, and taken off. ‘The result of this act operated as @ check upon the ri- otous; they appeared to cross, and we doubt if the town officers could have hit upon a better or more certain expedient to save the church from the fury of the mob. ‘The Irish having no further demonstrations to tear the church down, the mob began to disperse. A from East Boston, who had come over to participate in the Aghting, started for their homes about half six o'clock, and when they had got in the vicinity of the “old tavern,”’ on Middlesex street, now occupied by the Irish, they were grected with a yolley of stones from a party of Irishmen on the roof of the tavern. A general fght soon commenced, which lasted until the Irishmen were driven into places of concealment, when the Kast Boston party went on their way home. So far as we could ascertain last night, there were but two jersons bacly injured—Officer Milton, anu an Irish- man, who was picked up senseless and bleeding, and car- ried ‘of by his friends. All the parties arrested were —_ and of these but four remained in the lock-up last night. ‘ike town officers took every precaution to prevent a yenewal of the rioting at night. A large constabular: force wos sworn in, to patrol the streets and disporse ail assemblages, and the Cuelsca Light Infantry were ordered to remain under arms for the whole of the night. ‘Thus passed off Sunday in the usually quiet village of Chelrea. It cannot be said with trath ‘that ‘‘Cheleca is dead,’ after the events of yesterday. But we hope that in the resurrection of the town, we shall not have to chroniele such another disgraceful matter as the above. Let the authorities be on the alert to stop in their in- cipiency the causes which lead to religious riots—let them step all such fanatic fools and lunatics as the ‘‘An- gel Gabriel’ from addressing street assemblages, and there will be no danger of another riot. Had the town officers been more active and ei ic yesterday there would have been but little fighting. . EXCITEMENT AT EAST BOSTON—THE CATHOLIC CHURCH THREATENED. About three o’cloek in the afternoon of yesterday, the “Angel Gabriel”? came from Chelsea, with his friends, and attempted to hold forth at Maverick square. The police officers would not permit this, and he was willing to leave, but his friends would not’ permit him to be silenc®d'thus, and he went to the hill on the third sec. tion, with the purpose of enlightening the inhabitants of that region. But the police interfered again, and he went back to Chelsea. About five or six o clock a large crowd came back from Chelsea, and made a disturbance in the square, and some of them threatened the Catholic chureb. Officer Drew arrested one of their number, pamed Wm. Lewis, and committed him to the watch house, thi¢ excited the crowd the more, and they threatened to take him from custody. ‘They also threatened the church, and as the numbers increased, some of them threw stones at that building. ‘They were deterred from breaking in by the report that | five hundred Irishmen, “armed to the teeth,” were in- | sistance. — Allen, with A. Lhave heard she did this last fall coming from | stress of weather or [or soy otuer causes, | 0) side, ready and willing to give them a warm reception. About 9 o'clock the number was as large as one thou- send, and a messenger was despatched to the city for as- ‘twelve men ‘the cen- tee watch, , with fifteen men from the north wateh, and |, went over, and in a short time succeeded in ing the crowd. At ha! wis was | Rugg, anda military company, the Chelsea Light In- fantry, Capt. Fellows, were ordered out. fore the company had arrived at the scene of the riot, a boy cli to the roof of the church, and threw cross, satisfied with the fall of the | I left the vicinity, and there being | ty of two or three hundred | The Board: Of Wm. P. Furniss and others, for the 'm. P. ol o} of Eleventh avenue, from Fifty-ninth to 1071 eet te Jobn 8. Cady, fora ‘ip in Columbia 4 of the citizens of the Seventh ward, to alter the bo: of the fourteenth and fifteenth council com- that great injustice was done them by un. laining 4 Saual vision of said ward; that the word ” on the firemen’s ee, be erased from 9) name of William J. Diegan, who was killed at fire in Broadway, in order that said name may be engraved on the firemen’s monument in Greenwood Cemetery; for stage accommodation between Hurlgate ferry and ‘Third avenue. THR CORPORATION ADVERTISING. an Herrick, of the Nineteenth ward, offered the Alderm: following preamble and resolution: Whereas, the contracts with the several nowspapers hero- tofore employed to publish the official procesdiags of this pebes emariezed Publielty to the advertisements of tl Bev, the cify government, have e: aad wi vernment cannot be leg: re is probable thet ae vs le col the e eeanen ertthe Proceedings of the Com. mon Cour and the necessary ad ising if made in accordance with the provisions of the twelfth of amended charter, will hose cusand of of therefor Resolved, That the Law Committe: of the Board, be and are hereby instructed to devise and reecommond some means ‘which the officl ‘the Common Co ell ‘the necessary advertising of the oorporati be Rubllabed a nowapapers of genera ciroulstion, without & gard to the twelfth section of the amended charter. A motion was made to refer the matter to the Commit- tee on Printing. Alderman Herrick opposed it, saying that the Board were desirous of ttle their Peon dr done in the papers of the most extensive circulation, without violat- es the twelfth section of the am charter. They required, in order to avoid this, the legal acumen of the Law Committee. Newspapers of large circulation, such as the Hratp aad others, would not accept the Corpora- tion advertising under five or six thousand dollars a year, whilst papers never before heard of might oiler to con- tract for five hundred or a thousand He trusted that the Law Committee would devise some means b; which the services of journals of circulation couk be secured, The resolution was adopted. as to whether the ion has any legislative right to sell the land un water on the Long Island shore, ¢: va between the ‘‘ Wallabout bay and Red Hook t;” and whether the Commissioners of the Sinking ted or sold any lands under water on the ind shore above Wallabout bay or below Red look ; whether the Corporation havea right to control or dizect the manner of constructing buildings in the city, or the height thereof, or whether they can alter, amend, or change the present requirements in regard to the erec- tion of buildings in this city; a resolution calling an the Chief Engineer of the Fire Department to inform the Board whether the present Common Council have rein- stated any member of the Fire Departmeut who had been expelled for ‘thieving ”? or “ stealing.” ‘THE HOSPITAIITIES OF THE CITY TO CAPTAIN CRIGHTON. The committee to whom the resolution presented by Alderman Herrick, of the Nineteenth ward, calling upon the Special Committee ‘‘to report an account of their pro- ceedings, stating what kind of hospitalities were ex- tended to the noble seaman, Captain Robert Crighton, and the cost of the same, and also the expense of the gold box in which the said freedom of the city was pre- ADOPTED. A resolution piing the pinion of the Comptroller | sented, as well,as the expense of engrossing and enclosing in gilt frames the complimentary resolations adopted by the Common Council,” made the following report:— That they met with the committee bape by the Board of Councilmen, and made arrangements with them for car- rying the resolutions into effect. The Chairman of your committee notified Captain Crighton that they would ineet him at the Astor House; and there pr ited hit the Chairman of your committeo, a copy of the and the freedom of the city, accompanied b; box. Your committes then proceeded to the Governor’ Room, rect in the City Hall, with Captain Crighton, where the congratulations of many thousands of our citi- well as those of many distinguished oMeors of the and navy, andawas heartily welcomed, Your commit- arm tee then accompanied Ci who then requested to day. Accordingly their proceedings. p01 that the gold enuif box has been paid for and has not cost the city one cent; the engrossing and framing the resolutions which Were it to Captain Crighton have beon paid for, and have cost the city nothing whatever. Your committee would further separ: ‘that they have made many inquiries as to the whereabouts of Captain Lowe, of the bark have not been able to h 'y loerne hat he bas ever ‘A nas Captain Lowe visits the city your committee will call upon him and comply with the resolutions. And your committee would further report that not one cont has been expended from the city treasury in all the above proceedings. Alderman Hgrrick moved that the report be placed on the minutes. If the gold box was presented, it should have been at the expense of the city, and he repudiated the idea of any individual member of the Board tender- ing it at his own expense. It should be paid out of the funds of this great city. The report was received and entered on the minutes. + A SLIGHT BRERZE. Alderman Mort presented the report of the Committee on Assessments for regulating and grading Fifty-sixth street, from Fifth avenue to Broadway, non-concurring with the Board of Councilmen. Alderman Hurrick moved to strike out non-concurrence Theo and | and to insert concurred with the Board of Councilmen. Alderman Morr, in opposing the motion of Alderman Herrick, was proceeding to make some remarks, when The Bivy interrupted him. Alderman Morr told the President that he might vote him down if he pleased, but his constituents and the public should know that the President had done so. He (Alterman Mott) was elected to perform a duty from which he should not be put down—he would do it fear. lessly, and he was not afraid; but “You, sir,”’ said he, turning to the President, ‘may get another brush from the Journal of Commerce.”” The Present said that the accusation in the paper alluded to was a gross mistake. Alderman Mort said he was standing there to correct evils, when he was attempted to be putfidown. ‘The Preapgyt called the Alderman of the Twenty-first ward to order. He could not set there and permit any member of the Board to tell him that he had put him lown. ‘The report was referred. COMMUNICATION FROM THE MAYOR—THE CROTON ACQUEDUCT DEPARTMENT. ‘The Mayor sent in a letter, stating that the term of office of the officers composing the Croton Aqueduct Board ‘expiresjin the month of July next, and that he re-nominated the following :—For President, Elias L. Smith; for Assistant Commissioner, Thos. R. De Forest; for Chief Engineer, Alfred W. Carson. SPIRIT LICENBES. On motion to concur with the Board of Councilmen upon the memorial of the New York Temperance Al- lianee, and also on a resolution relative to providing two kinds of excise licenses, Alderman Howard made some humorous remarks in’ opposition, ridiculing the idea of compulsory temperance, and insinuating that certain members of the Board were willing, for elec. tioneering purposes, to license great houses, while they would deprive the poor man of his cheap refreshment. The resolution was concurred in. Adjourned to Wed- nesday. PROCEEDINGS OF THE BOARD OF COUNCILMEN, The board met last evening, Edwin J. Brown, Esq., in the chair. TAXING CHURCHES. Several petitions having been presented and referred to the respective committees— Councilman Ciaxcey offered a resolution “that the pe- tition of the trustees of Transfiguration Church, praying for a reduction of taxes, should be referred to the Com- mittee on Finance. Councilman Kexyrpy said he was afraid the petition would not be received more favorably by the Committee on Finance than it was by the Committee on Assessments, who reported inst fhe application. eis ir. CLANCEY ec ition wou! referred to the Committee on Pinanes. ‘The Committee on Assess- ments had done them great injustice. The erection of the sewer in the neighborhood of the church was of no benefit whatever to the petitioners, and he considered it an act of injustice to assess them for the cost of the same. fae MouigR moved to lay the resolution on the table. The question on referring the petition to the Commit. tee on Finance was put and lost. The papers were then referred to the Committe on As- sensments. MAKING ARRANGEMENTS FOR THE CELEBRATION OF THE POURTH OF JULY. Mr. Warxwricnt offered a resolution that a committee be appointed to make arrangements with a commit- tee of the other board for the celebration of Indepen- Ll sid and that six thousand dollars be appropriated therefor- Mr. Matin moved to refer the resolution to the Com- mittee on Public Health. Lost. Several members moved to lay it on the table. Lost. Mr. ConovEr moved to refer it to the Committee of the Whole, as an expenditure of money was intended. Carried. NEW STATION HOUSE IN THR NINTH WARD. Councilinan Sxe offered a resolution requesting the Commissioner of Repairs and Supplies to advertise for proposals for Loree? a new station house on lot No. 94 Charles street, for the police department of the Ninth ward. Referred. DEMOLISMING OLD BUILDINGS. Councilman Prxckxer offered the following resolution in relation to the demolition of old buildings:— Whereas, By reason of the careless and inconsiderate mi Fin which contractors have proc their work of demolishing old buildings, great lo ther R That the Committee on Ordirances be directed bis Bo: rdinance id contractor shall cause the side ‘oundig said buildings to be enclosed wi ard fence of # height to provent any access to enid building while in th of demolition, under a Suficient penalty for every negioct, Adopted. PATCHING UP OLD BUILDINGS. Councilman Hopoxixsoy offered a resolution request- ing the Commissioner of Repairs and Supplies to cause the old building occupied by the Croton Aqueduct De- partment to be repaired. Referred. REMOVAL OF CATHARINE MARKET. The committee to whom was referred the petition of persons for the removal of Catharine market from its resent location to Market slip, reported that they had Quly examined the matter, amd that all the property holders were —— the measure; and that in view of this and other facts they denied the prayer of the peti- tioners. Laid over. ‘MEMBERS APPOINTING TITEMSREVES TO OFFICE. ‘The resignation of A. R. Herrick, in; favor of E. R. Bo- gardus, as Commissioner of Deeds, having been received, ‘Mr. Bixckwey moved that Francis M. Curry, Councilman of the Fifth district, be a inted instead thereof. Mr. Coxxovas hoped that the Boar would not appoint themselves as officers. The press had denounced the late Common Council for doing 80, and he hoped they would not be brought under the notice of the newspapers for the same offence. Me. Pixceny said that Mr. Connover had kept such a watch upon the labors of the Committee on jes and Cflices that he made the motion for the purpose of giving him a hint to desist from ia further prying into their yusiness, f Mr. Conover moved to lay the Proceedings on the table. Lost, sl id tells on the horse stitute put, was ‘The q ow the adoption of the of the com- recommending the appointment of Mr. Bogardus, being put, was lost. The report was then leid on the table, The report of the ‘Wha Piers and Committee on Wharves, an Slips, in favor of out the slips between piers 80 , East river, an on each side of the new ex- tension of the wharf atthe foot of Warren street, wad read, and referred to the Committee of the Whole. ene other mene Pair received from the Commit- on Streets, relative e repa , curb and gutter setting of streets, which were poe a, ‘The Board then went into Ona great number of papers left om the table since the ir of t tl last meeting. About tty papers were read, and ordered toa o'clock, and soon after- Wednesday afternoon. Superior Sourt—Part First. Before Hon. Judge Duer and jury. ACTION AGAINST A RAILWAY COMPANY FOR CAUSING THE DEATH OF A MAN—EXEMPLARY VERDICT. May 5.—Margaret of Thomas deceased, against Ihe Hudson River Railroad Company.—In this caso Mr. J. B. Philli tor the plaintiff, to recover damages the for causin, e death of her husband, on the 4th of No- vember, 1853, through the alleged cul; ‘of their servants or employes, in run ‘and over crushing him, from the effects of which he instantly died. Damages are laid at $5,000. For the defence, ‘Messrs. Fullerton and North contended that the accident was caused by the negligence of the deceased himself, and that he was at the time in a state of intoxication. Thomas O’Brien deposed that he knew the who lived in Christopher street, between Wi and West streets; parted with him at an oyster aes half-past ten o’clock the night previous to his death. Cross-examined—Mr. Button did not drink more then twice; he was not under the influence of liquor; witness hhad said since the accident that. Mr. Bution had beom drinking, but did not say thst he was intoxicated.§ illiam Lining, keeper of the oyster saloon, deposed— That on the night in question the deceased was at his aloon in West t; considered him capable of taking e of himself; about three minutes after he left vines e cars; they were fast; they were vine or ten miles an hour; in about five or syren minutes after they passed, witness went across the street, in con- sequence of what he heard, and saw the deceased slongside of the railroad track dead; recognized him as Mr. Brit there were two strong lights on the track; did not see apy lights on the ane distance from wit- ness’ house to where he saw the body was about 130 feet; the baggage car went down first. Cross-examined—Did not notice that anybody left the ouse with Mr. Button; the cars within twenty feet f witness’ door; saw the car that passed so rapidly; fermed the opinion that bod were going ten miles an hovr when they pasted; ‘Mr. Button was foxing when he went out, and the second car passed witness heard he was dead; Mr. Button gave no indication that he had been drinking before he came to witness’ saloon; could not discover the effects of liquor on him when he left; he had a tremble in his hand. To Mr. Phillips—The cars went that night at an un- usual s) ; can see them pass when behind the counter. is Kent, deposed—That he was employed as switch- man on the Hudson River Railroad on the 4th of Novem- ber last; had charge of the baggage that stationed at Christopher and West sireets that ni train was dué at Chambers street about nine o’clock, but got in about twenty-five minutes past eleven; it is usual for the baggage car to stop if baggage is to be taken out; it did not stop that night; the baggage car was near Canal street before the others came; cannot teil the usual rate of speed of the baggage car; witness is still im the employment of the company; the passenger car did not stop at the station; it stopped about thirty or forty yards below the depot; was called to the car and went over to it; when witness got there he saw the man 1 across the track :the car had passed over him; he was 3 he was lying with hi on one rail and his feet om the other; his feet and head were crushed; the cars mall lantern; there is no light fixed outside of ; cannot remember that there were bells on the horses that eee Cross examined—Witness was at the side of the strect and had bis lamp in bis hand when the baggage car came along, Joseph Button, brother of the deceased, deposed—That at the time of his death he was forty-two years of age; he was an inspector of lumber; witness is a clerk in Post Office; he lefts wife and five children, four daugh- ters and one son, the eldest of whom is fifteen or sixteen beg of age; the youngest is about seventeen months, ¢ witness then described the mangled state in which the body of the deceased was found; as far as witness knew his brother was a temperate man. ‘Lhe Court—Had your brother any income on such as he derived from his office as inspector‘of lumber? (Objected to by the defendant’s counsel, admitted and exception taken.) Witness—No, sir; his income would reach six or seven hundred dollars a year;he supported his famil x Other witnesses were examined for the plaintiff, after which Mr. Fullerton called Wm. B. Oakley, who de; that he was conductor of the passenger car on the Hud- son River Railroad Company on the night in question; the accident occurred in West street, near istopher; noticed the leading horses step off; and observed some object lying on the track; the car passed over the object; and witness went back and found the body; the cara were going at the rate of four miles an hour; heard no cry whatever when the horses struck the body; could not swear there was a smell of liquor on the deceased; know Mr. O’Brien; heard him say that Mr. Button was so drunk at the time that he could hardly walk. George P. Doane, driver of the car, deposed that they were going three or four miles an hour; when he get opposite Christopher street the horses shyed off track ; witness took hold of the reins and saw something . on the track; it was @ man; the car passed over the man before witness could stop; does not think the horses struck the man; heard no cry or exclamation; had six ; witness smelt liquor when he moved ‘the body; he was entirely dead. Cross-examined—The baggage car was a block and @ half or two blocks ahead; does not know whether there were bells on the horses of the baggage ear. ‘The case was adjourned to Monday, when it was sub- mitted to the jury, who returned a verdict for the plain- tiff of $3,600 damages and costs. Court of General Sessions. Before Judge Beebe. May 8.—Highway Robbery.—Margaret Burke was os at the bar, charged with having, in company with hree men, not yet arrested, assaulted and took from the ‘kets of the complainant, John Wright Branwood, $3 5 in money, a pair of gloves, and a wild pon. From the evidence of the complainant it nppe that while he was proceeding to his home on the 8th of April last, he was met by the prisoner and three men at the corner of Thames and Greenwich streets, where the men assault- ed him and stole his property; and that about an hour or 80 afterwards, on gi information of the occurrence to an officer, the defendant was arrested, and in her session were found the gloves and the pigeon. The jury rendered a verdict of guilty of = larceny only. Sen- tenced to six months in the penitentiary. Grand Larceny.—David Jackson, colored, was tried and convicted of stealing $50 worth of property from the dwelling house of Mr. Brown, in Elm street. - er was caught in the act by Mr. Brown. The Court know- ing the prisoner to be an old offender sentenced him to three years confinement in the State prison. Fg! od in the Third .—George Howard and Jobn Peters were then placed at the bar, Ngo daar having burglariously entered the store of & Co., 184 Fulton street, im; and jobbers of dr; goods. From the evidence of the officers who ‘arrested the prisoners, it appears that a ion of the property #1 to that stolen was found in the house where they were arrested, (No. 48 Centre street,) all of which was claimed by Mr. Anderson. , that on necks of the defendants were found silk cravats of the same pat- tern and size of those stolen and found on the pi the officers. In this case the jury rendered a verdict not guilty. Assauiting a Policeman.—James Cowen was then placed at the bar, charged with commit an assault and battery upon the of Lieutenant ra of the Sixth ward police, while in the di: of his duty. It evidence of the plaintiff, that he was disturbance at appeared from the called upon by a woman to quiet some No. 116 Centre street, and succeeded in Lager all the belligerents out, except one named Moran, and upon the complainant trying to push him out of the way, the defendant, Cowen, ran up and said—“Let me at him,” and stabbed Lieutenant Fierty in the hips Other witnesses were produced by the prosecution corroborate Lieut. Fierty’s testimony. Several witnesses were brought upon the stand to prove the character of the prisoner to be good. The jury in this case, after ‘ue deliberation, rendered a verdict of guilty of assault nd battery with intent to kill. Sentence deferred. Burglary in the Third Degree.—Thomas Bayard (oolor- ed) was tried and acquitted of having, in company with two other persons, burglariously entered the store of Robert Garside, furniture dealer, in West Broadway. Selling Liquor without a License.—Thomas Lynch was then placed at the bar, charge’ with having sold liquor without license, on the complaint of Capt. Ack of the Ninth ward police. The defendant's brotherin-law came upon the stand and swore that he kept the store; therefore the defendant could not be accountable. The jury acquitted him, under charge of the Court, the Judge remar! at the time that the Court would take “ete ae hae fighway , young men, nami Z and John Golden, were then placed at the bar, charged with having assaulted Mr. Carter, in Mulberry street, and, forcibly taking hold of him, demanded of bim sixpence to drink with, which he testified he was obliged to give them. The prisoners, it appeared, were arrested in fifteen minutes after the perpetration of the robbery, by officer Cornel, who de that com- plainant’s coat was torn from the violence of the ers, and that he was greatly frightened. The in this case could not agree on a verdict up toa late last evening. [We take this opportunity of stating that the person sentenced to the State, prison on Friday last, named Zophar Mills, was a young man, a native of Germany, and not Zophar Mills, Esq., merchant, doing business at 184 Front street, and for many years one of the officers of the Fire Department. We make this explanation at the request of Mr. Mills, who has felt somewhat annoyed at having such a vagabond namesake. United States Cirealt Court. Before Hon. Judge Hall. May 8.—Tre Late .—The case | of the United States against John Brown, alias Joseph Heritage, Charles Clarke, alias Watson, and Jas. Bower, charged with counterfeiting upwards of eight thousand dollars spurious coin, Was commenced to-day. Mr. B. F. Dunning appeared for the government. As the evidence has been 80 recently published in the Heracp, and the jiculars so fully described when the investigation was fore the United States Commissioner, we deem it un- necessary to report the proceedings again. Adjourned. The first election by the ballot took N. B., on the 2d inst., it being for a was as followa:—Oliver, temperance, lace in St. John, ic. The result 1,198; Smith, 768,