The New York Herald Newspaper, May 31, 1854, Page 7

ace ta May 20) y oon, after the summi Judge Ira Harris rose and delivered CHARGE TO THR JURY. en of the Jury—The scene which di has occupied your attention with su interest, is at length drawing to a olose. ly, it is rare that the citizen, in the duties which he owes to the government hich he lives, is oma qq ibilities like those which devolve upon you. once, perhaps, in the course of @ man’s he is called upon to decide the fate, for lite of a fellow being—when, in the impressive ge of the ceremony which initiated you our office as jurors, the life of a fellow is given charge to twelve men. erogative to determine life belongs to the lof life itself. It is the highest power that imself the subject of mortality, can exer- pb assume this prerogative and declare the fellow man forfeited. This fearful respon- rests upon you. When you entered that sa- 2 a ano , took a vow upon ves you would render a true verdict ac- to the evidence, even though the effect of dict should be to take the life of the accused. gation you are now to meet; let it be 90 a conscience may attend the recollections of this hour, and, whatever the fate “ethos unhappy woman, — po er possess the conscious assurance der which you live and from which we all Fry administered. With the policy or wis an} to do. Were we sit- ny sarin might become us to this duty to take it find it. The as we respon- of teking human life is not upon aa kt id year anxious consideration, and the weabons, ; he died of poison. Was this poi- fails to you of this fact, your duty the case. But I have not w the n of the article which upon the post mor- Ostrom, the dra, -Lanagan, his wife, and Catharine have been faithfully upheld and ithe law which demands life as the penalty of heither you, a8 a jury, nor we, as @ court, our mo on subject; but here, a8 we are, to law, e lawgiver. I proceed now, as briefly ay i Flas attention to the ive ong aM of the testimony bearing upon ae Timothy died on the telctored by the accused? “This is the h which will require your attention. If the terminate. You will pronounce yone ver oquittal without reference to the o jmea- for the defence as contending that the evi- tifies such aconclusion. The accused was in mination was found in the stomach of Lana- ome ten = or a fortnight before, she chased of Mr. agit two bf arsenic. About one o’clock on the day of h she went into ’s house, where she st dinner. She sat down, upon invitation, a ato. Soon after Lanagan D and esuls ana into the grocery in the front the house. The accused then propose’ gan and Miss Lubee, to use the expre itnesa herself, that they should »” They at first declined, but being « consented. She then propose the beer more table, to put sugar d requested Mrs. Lanagan to procure it. gan, yiel to her request, procured grocery some fine white sugar in a sau- @ then went back to grt the beer, leaving peed and Misa Lubee in the room. When turned she found the accused walk- room with the saucer of sugar in her nd she also says she observed that she held humb and finger a small white paper folded. es were provided and the beer poured out. as not enough to fill them. The accused in- hat they should be full. Mrs. Lanagan re- ito the grocery for more beer. When she ck the accused Wh pee the si into They were filled, and Mra. Lubee sat down at the table to di pagen says she observed upon the surface of a white scum, and thinking it might be had fallen upon the mies while standing en box in the store, she took a teaspoon to fit—that whilst in the act.of doing so, the ac- ho was standing by, arrested ber hand, aud Pp from her, sa; that was the of it, and that it w do her good. moment Mrs. was called to the her husband. he remained there, usband came and he and Miss Lubee he beer. He died at seven o’clock the ning, and Miss Lubee died at four o’clock zpou the texdimony of Mire, Lasagas. From on mony of Mrs. ‘rom. re of the case there could be no other evi- Had she imbibed the fatal d: ht instead bsband, as was at first intended, t would nm no one left to detail the circumstances. ed, and no one else, who ad- ed the arsenic which produced the death of Sa rai to bring etl Ha j | i se nae i te F 25 f a i Q Hels 3 é 4 44 & y_be presumed tl use. fer be came herself. About eleven & 2. << s gro- here there were several men, and e1 d as rsation.’ The fact that found in such a place, aud in such com- furnishe: oe ee for ee ae . 3. Z g Fe i ge I But 2 rot 3 5) fen[eereee asesir aeeVeRLET ; i frF2 Hil of 2 fj in to act under j i 18 fre u FEE & s g i Z j veh tee ze é 7 F f Ee 8 fence that there for destroying the lives and groun' 8 committed in a state of insanity. wantfof motive to commit the c! a legitimate subject of inquiry. In cases caput upon circumstantial evidence it issometimes of vit importance. But it is never indispensable to a con- yiction that a motive for the commission of the i appear. The law imputes malice to the very proof of the killing fur ‘ nishes also presumptive evidence of malice. And | yet, while the prosecution is relieved, by this legal i E Es resumption, from an actual motive for the commission of the ce, the absence of such proof is often an important consideration for the jury in | determining the effect to be be given to the other | evidence in the case. But it 1s contended on the part of the prosecution, that there is proof of a state of feeling, which, considered in connection with the state of mind exhibited by the accused at about the period in question, relieves the case of this objec- | tion, It spp that some time cerae Se spring, | there had been a dance at Lanagan’s. ugh not one of the party, the accused went there and became |; engaged an altercation with one Smith, and angry words and loud conversation ensued. If it be true, as has been assumed shout the trial, that the accused is of gentle birth, and has once moved in the higher and more refined walks of life, what a painful illustration she presents of the raj descent which 8 woman makes to the lowest de) of Oe mnie and vice, when she once consents to take leave of virtue and innocence! Here we have this fallen woman, who is described to us as possess- ing high accomplishments and lady-like manners, voluntarily mingling with the to a grocery dance, engaging in a brawl with one of the party, and carry’ ag the quarrel so far as to present her revolver and tl to shoot ‘0 ql disturbance she was required to leave the house, and finally Mrs. Lanagan led her home. This occurrence seems to have st her pride, for, one or two mornings after, we her returning to the grocery, before Lanagan was out of bed, and she then,as Mrs. gays, commenced abusing her, saying that she was a very mean wo- man to keep a set of rowdies about her house to in- sult her when she came there. Her language was 80 loud and violent that Lauagan got up,and coming into the ry, ordered her to leave, which she re- fused to do, unti] Mrs. Lanagan again interferedand iuduced her to go home. Tt It of this vel. was, that she did not urn to Lanagan’s for some three weeks, hich she again renewed her visits. It is theory of the prosecution, that these occur ces left a sting rankling in the bosom of this woman, which needed but the excitement of | which she was the subject on the 25th May, to arouse her to sucha degree as to make her re- solve upon the destruction of those who had be- come the subject of her resentment. Certainly, these circumstances would furnish to a -sound mind but a ae motive for the commission of such a crime. How far they would operate upon an irrascible temperament like her's, when greatly excited by stimulants, and perhaps other vitiating canes, it is for bed ecrroonaact to judge. There is another feature of case, which may have some bearing upon the question under consideration, to which I would direct your attention. Itis the man- ner in which the deed was accomplished. We see no outburst of jon, but eve: is apparent! ccol and orderly. First, the proposition to drin! the beer, and that insisted upon, obtai: the By gene perma on mix the poison with it while the glasses were filled; then the refusal of the accused herself to drink, and her efforts to prevent any of the contents of the a from being removed. These are characteristics which may perhaps shed more light upon the state of this wo- man's mind at the time. There is another class of evidence bearing upon the question of insanity, to which you will not fail to pee the attention which you think it deserves. allude to the conversation of the accused a short time previous to the 25th of May. I'bis evidence is found chiefly in the testimony of the young sewing caer fane Dillon, who be- + etimony pee pet otateod to th t stim On; longs to the 8 me rolaes, Iwill nat recapitulate this evidence. It cannot but be fresh in your memories. There feceeh must have been in the cage gor = iss Dillon a strange comming] an falsehood; the latter pred » Whether the tales she told were the vagaries of a distem , or the inventions of her fancy, d: to amuse her youthful and newly friend, it is for to inquire. There was, too, something e ly strange at times in her cond cially when in the morning she came in her night clothes to the ragidence of Dillon and borrowed her dress. It willbe your 9 ye meh ram to the state of mind to which this conduct is to be It certainly was not strange that the accused and this young girl should be mutually leased with each other. ‘The accused, with an ar- it as gem which demanded society, was so situated that she was compelled to live alone. She sought com; ip among those who had no or with her own, and whom she re- contempt. It was a relief to i operating on her nervous, excitable temperament, with the recollection of her own former position from which she had 0 sadly fallen, had nbinged her mind, and that the eccentricities which ed her conduct about the — to which our inquiries relate, were but the ou! of incipient madness. To sustain this , the of Mr. Brownell was introduced, to whom, it seems, early in May, the accused had described her griefs and apprehensions. Thus far I have only noticed the testimony which relates to occurrences which hap- pened before the arrest of the accused. What her con- duct was afterwards is only important as it sheds light on her previous condition. Her conduct after she was committed to was indeed st . beg far this ——— Nee oe by — enormi ty of the charge preferred against her, and a sense the condition fa'which she found herself—and how far by ag dpe Lg og of the stimulants in which he had evidently been indulging so freely— or how far by disordered intellect—are questions which I suggest for consideration. In this con- , too, it will be proper to consider the opin- ions of the two freer who had the op) ity of seeing her in ja , and who say that, in their opin- ion, she was not rational. Such opinions are al- lowed to be given in evidence, not as by any means controlling your own opinion, bat to be considered the jury, who are to give them such weight as, in their judgment, having regard to the experience and opportunities for observation which those who the opinions bave Sed inions de- gentlemen, I have noticed what I bere ar nd to review at length the evidence presented, as I am sure that it is fully within your Here my duty ends and your’s begins. Iam conscious how ly I have discharged m; Sat, and yet it my single aim to admini law witha conn, a ‘unswerving hand. In the discharge of Phe jut, To i hadi penda meng 0 ee poor, unl woman, who: destiny in now committed to your de. Deal mer- too. Thia is your pri The law ‘well grounded doubt to a for her ac- pone CE after s full eee ee the case, M0 “rests your ‘ind, you must not hesitate, though it be Path an- guish of heart, Penang gy . But if you Sails pile jour agrecalle Guty bo. pronounce 6 our ince & Ferdict of acquittal: x i § os the im: menge assembly, The Jury were yet out, and the impression pre- Vaile that there would be a At ten minutes before ag o’c t ¥ rut nine o'clock Sheriff Price ecompani ira. Price , Rocers wma great that they came by the rear Tho imrenctrable veil that had thus far so ef- secluded her Sbe entered into a brief conversation with Mr. Townsend, counsel Nochange in her manner was Clerk—Gentlemen, have you agreed upon your verdict? By Alanson Cook, foreman—We have. By the Clerk—Prisoner, look upon the Jury— Jury, look upon the prisoner. You say ae have ot upon your Do you find guilty or not By the Foreman—Guilty. . Bingham, District Attorney—Will the Court pronounce sentence this evenin; Mr. Pierson—We ask to have serftonce suspended until Monday morning, that we may consult as to 8. on you, Judge! You are soa and against me. The District Attorney is corru} Here the Sheriff and the prisoner's counsel inter- tosilence her, but she continued to repeat ese assertions in an angry and excited tone of vie ok Sy of be Se Pea expec’ no other ict, » Tam not disappointed. The Judge is an ae ies Mr. Townsend—We ask for delay-——. rising—I say the Judge is corrupt, another Judge and a new trial. The Tepeated, as those around her her down and endeavored to quiet her. Lah Mr. Townsend—We can now only present legal considerations. We know not in what form to em- Toy them. We feel we ought to oy but - wi manner we are not pre; now a Pri it now what in the progress of this trial I have said in private, and what I sincerely be- lieve as that I live—that this verdict has been ren- dered 8 confirmed lunatic—a demented hu. man being. I have known her to be so for the last six.months, and I know her to be sonow. Mr. Pierson—We understand that there was some informality in the proceedings of the Grand Jury t..at found this indictment, and we think we can be able on Monday to present all the considerations we have to offer in the case. Judge Harris—It seems to me that all these con- siderat may be submitted as well afier our sen- tence as before. If a suspension is granted, it will be at considerable personal inconvenience to my- at, as I have to commence a circuit at Cutskill on jonday. Mr. Hogeboom—I feel bound to say that we can r no Objections to a suspension for vonsidera- tions of @ nature, Judge Harris—I do not feel at liberty, under the circumstances, to deny the spplication for a stay of b byperam until Monday ern and the court will id adjourned therefore until half-past 8 o’clock Mon- morning. During these proceedings the interest in the court room was indescribable, and the scene was deeply impressive. ‘be prisoner sat a few moments in conversation with Sheriff and her counsel, but nothing like emotion was perceptible in her manner. The iron will—or the strange ee in her character b which she had been sustained throughout the trial, lasting the whole week—did not forsake her. After ae awhile, the crowd having somewhat dis- persed, she passed out of the conrt room in the same way she came, and with those who came with her. e crowd then dispersed. The Express of this morning a i On the way to the jail Mrs. Robinson laughed and joked about the scene that she had just passed through. During the whole day, though at times much excited, she often conversed earnestly with her counsel and the Sheriff, and whenever Judge Hogeboom indulged ina keen stroke of satire ora sally of wit, the prisoner was among the loudest and heartiest of who laughed. ‘e heard her laugh repeatedly. ‘esterday she was found dressed throughout in 8 costume of spotless white, arranged with scrupu- lous care and neatness. She walked her room very much, and was repeatedly heard to say, with great enstay ad, determination, though not directing her remarks to any fice He shall never pronounce sentence against me! No, never! !” ‘When Dy. Hegeman, the Deputy Sheriff, visited her yesterday morning, she said to him, laughing— “ You'll have a nice time putting the rope around my neck, old boy !”” MOTION FOR A SUSPENSION OF GRANTED, Monpay Mornino—8 o'clock. Thejcourt room was densely packed with citizens and strangers, the greater part of whom were ladies. ‘The utmost confusion prevailed at every entrance at the rear door. : The conduct of Mrs. Robinson throughout yeiter- day, we are lufurmed, was ws capricious that which characterized her demeanor on Saturda evening, after the rendering of the verdict. At dil- ferent times through the day, she continued to rave, as in delirium, against her persecutors, invokin, vengeance against those who been instramental in procuring her conviction. At other times, her light, joyous laugh, as it reverberated through the , caused her keepers to stand aghast in wonder and amazement. She was cl guarded through- SENTENCE—MOTION out Saturday night and throu; yesterday, as Sheriff Price was hensive that she premeditated self-destruction. is supposition was grounded on her conduct after her return to jail. It is 2 sere that during yesterday, and after a violent fit of anger, she fainted from exhaustion. At twenty minutes past eight, she enter- ed the court room. All we could see of the Inurderess was a white hat, over which was a thick veil, completely ershrouding her features. She wore a heavy black silk dress. Her,appearance was neat, and she had evidently prepared her toilet with reference to the occasion. She was accompanied by Sheriff Price, wife and daughter. Herdemeanor was calm and collected. She seated herself in a chair, and seemed absorbed in meditation. The crowd, meanwhile, became more turbulent, and the officers had to frequently call to order. As usual, however, the crowd disregarded these calls, and continued to make ineffectual struggles to get a look at the prisoner. All efforts were fruitless, as ‘she successfully Re er her incognito by keeping her veil over her face. The Gallery at the west end of the room settled two inches, which at this time tended to increase the besa which was followed by the fainting of sever At 8 30 Judge Harris and his associate Justice en- tered the room. Order was requested by Jadge Harris, who hoped that all present would feel it incumbent on them to preserve the strictest order. Mr. Beach, counsel for the prisoner, stated that after deliberate consultation, counsel felt them- selves bound to ask fora suspension of sentence, on these reed . 1st. The irregularity of the proceedings had be- fore the Grand Jury. 2d. The voluminous testimony elicited on the trial ae |p pecan necessary and thorough investiga- mn of it. A on by Sheriff Price was then read and submitted. Tt purport was that the District Attorney had not, at the specified time, delivered to him the ne- cessary precept provided for by statute; and further, that no acs whatever bad been served upon him for the summoning of jurors. The Clerk of the county testified that no return of any such precept had been made to him. Mr. B. referred to and read from tie statute the authority directing the mode of organization and mode of conducting a special term of Oyer and Ter- miner. It was argued in this case that the proceedings were at ce with the prescribed routine. It was also argued, in support of the asked for snepension of sentence, that Court had not been rly opened; that no proclamation had been , &e. Another disparagement, it was claimed, existed in that the list of persons to be drawn as grand jurora had not been properly authorized; that the requirements of the law bad not been lived up 10, as it is necessary that jurors drawn fora grand ury shall have served as petit jurors, The counsel cited cases to establish his ition. ne claim for a “7 nsion of sentence was, upon whic! a POG lerk, wi identity could be proved. It was also required hy statute that jurors should be summoned eight days of the court, and that a re- Fern of inf ae &c., should A ce, OCCU! | be rurrenderedto the County Clerk. It was further claimed that the Sheriff of the county should, and he is by lew required to, make a return of his sd ings in the case, that it may be known that the re- durements of the law had been lived up to by that cer. Man: cedents analagous to this case were cited in sy) Dat of the ste hd ofl gular form of swearing each and every rors not having been and as all had affirmed collectively, a suspension was asked on that ground. The counsel said farther, that he had been informed that one of the jurors had publicly expressed the opinion, some days be fore the trial, that the prisoner ought to be hung, Mr. District Attorney Bingham, in answer to pri- soner’s counsel, submitted that the cases cited by the counsel were not analogous. It was claissed that the proceedings which were had in this ase were strictly legal, and that ey coquirement of the law had been made. poin’@ upon which prisoner's counsel relied, it was climed, were bat provisions made for the time an“ place of holding a court, and the necessary proceedings to be hadin thatevent. It was also argied that the claims by were metely specifications pro- the f courts, and that they were ii immaterial, from the fact that they were obsolete or At the present time we have no maser we Crane Oyer and Terminer and very. goage Harris ti of defence whether t i to Breet thee seston to the Oyer ted Tee Beach, counsal forthe defence, lr. " lefence, informed the Court that there wasa discrepancy existing between couneel as to the proper course to pursue, but that the motion—if a suspension was aflowed—would be made 1 Wie Staley sre rnDiey tosuch court ashad power to grant a new trial. He again argued, and we in support of such argument, cases where simi- r objections had been allowed by the court as fatal to the prosecution. | Judge Harris then proceeded to say that the | Court would yield to the request of the defence, and stated that he would not intimate any opimion of his | own, although he was free to admit he had one. It was in accordance with the spirit of the law, which | is that all deliberation should be used, and he there- fore announced that the motion to suspend sentence | was granted, The verdict of the Court caused a murmur of ex- citement in the room. The prisoner evinced no perceptible emotion, the thick folds of that veil pre- venting the scrutinising gaze of the assembled mul- titude. What expression of countenance, whether muffled gratification or stolid iron-willed determi- nation, was caused by the sought-for decision we cannot say. District Attorney Bingham inquired whther the risoner was to be under the same guard as hereto- fore. He was answered by Judge Harris that her im- prisonment, care, and rd would remain as here- tofore until otherwise ordered by the Court. ‘ Supreme Court—General Term. Before Hon. Judges Edwards, (P. J.,) Mitchell, and Roosevelt THE MILLION AND A HALF TRUST FUND CASE. Wiliam Curtis and Others vs. David Leavitt, Receiver, and David Leavitt, Receiver, vs. R M Blatchford.—Arga- ment was had upon proposed case and proposed amend- = The court took the papers, and decision is re- Before Hon. Judges Mitchell, (P. J.,) Roosevelt, and Clerke. In the Matter of the Application of the Mayor, de., to Open Fourth avenue.—The Court gave an elaborate opin- fon, affirming the decision at Special Term in favor of the Commissioners’ report, from which several owners of property had appealed. Judge Clerke dissented from the opinion of the majority of the Court. Mitchell, (P.J.)—On the 17th of June, 186: ment was entered in the Court of Common Pleas in sult wherein Sampson McGown was plaintiff, and Leaven- worth, Danforth, Waterson & Latsen, defendants, that the plaintiff convey by deeds, to be dated Novemier 25, 1848, to the defendants respectively, or their assigns, the lands @ in the judgment.’ The judgment was divided into several sections, describing aud conveying the lands. * * * McGown and wife by deed. acknowe ledged Febroary 28, 1852, but in pursuance of the Jud. t ment dated November 25, 1848—yet in no part of a judg- refe to the judgment—conveyed to Bayard ‘Clark, fee, for the consideration of $9,369 50, certain lands, with full covenadts of warranty, and st incumbrances. The judgment was that t Jand should be conveyed by such warranty deed, except as to the incumbranoes of the mortgages executed by J. MoGown to the Commissioners, for loaning certain mo- neys. The deed contained no such exception. ** * + # Bayard Clark, in October, 1852, conveyed most of the lands in the block between Thini and Fourth avenues, 100 and 101st streots, to Mr. Houghton. **** In the general plan of the elty adopted by the Commissioners under the act of 1807, Fourth avenue was laid out as only 100 feet wide, and the distance betweon the Third and Fourth avenues was 020 feet. By the act of April, 1837, it was declared that all that part of the Fourth avenue tween Thirty-fourth street and the Harlem river should be widened on the plan or map of the city, by adding 20 feet of and on each side. The Commissioners of Esti- mate and Assessments have given to Mr. Howton only a nominal compensation for the part of the avenue taken from him—20 feet, or 80 by 200—while they have allowed about $1,200 to the uwner of the corresponding portion on the block next north, who probably had done no act todedicate his lands, The correctness of their decisions turns on the true construction of the deed to Clark. That deed makes no reference to the judgment, and it does not strictly conform to the judgment. '*** * It would be an improvident rule to aliow # judgment to control a deed between the absolute owner of land and ‘the purchaser from him, when the reference was made oa the deed to the judgment. * * * * It was contendod that the Fourth aveaue intended in this deed, was the Fourth avenue as it was before the addition. There is nothing on the face of the deed to show auch intention. The in- ference always is, that the street or avenue as directed to be opened when the deod was executed, was the one in. tended and referred to in the deed. There was in 1848 and ’62, at the periods of the date and execution of the deed, but one Fourth avenue that was not yet opened, and was to be when opened 140 and not 100 feet wide. Counsel for Mr. Adriance objects that the report of the Commissioners is not valid, because it is signod by two only, and insists that the constitution of 1846-7 requires a concurrence of the three commissioners. **** The decision concludes: In this case, so much of the report as is above designated, and the other papers now sabinitied to the Court, or eo much of these last as either party may chow to be material, should be inserted among the appeal papers and form part of the judgment to be en- tered, if either party wishes to carry the case fart Tho report should be affirmed with costs. Common Pleas—Special Term, Before Hon. Judge Ingrabarn. May £0.—In re Donadi vs. the New York Sta'e Mutual Insurance Oumpany.—The affidavits on which this mo- tion is renewed establish that Van Wart, upon whom t. summons Was served, was not in fact,at the time of « vice, the agent of the defendant. The service of th summong, therefore, upon him was not sufficient, and the judgment must be set aside. In making this order, however, | do not award any costs. Van Wart had been the agent, and although he bad reaigned, he had no no- tice of the acceptance of the resignation, and by his own acta and conduct Jed the plaintif’s attorney to suppose be was authorized to actfor the company at the time. Ko notice had been given of the resignation, and the plaintifi’s error was induced by the negligence of the company and of their former agent, and not by any wan: of ciligence on the part of the plaintiff. Icannot but acd that in such cases an this a voluntary appearance of the company to answer claims of a creditor would better mote the credit which insurance companies ought to Five with the community than a resort to technical ob- jections to defeat a claim under policy, where o loss aa been sustained. Motion granted without costs. Theatres and Exhibitions. Broapway THuEaTRR.—The romantic spectacle, in three acts, entitled “Faustus, or the Demon of the Drachen fels,’’ is to be repeated thie evening, Mr. Conway per, sovating the character of Mephistop! Pope that of Faustus, and Mme. Ponisi the part of Adine. In tne carnival’ scene, » grand ballet is introduced, in which Mile. Lede. Ville. Price and Prof. B. Yates will execute {lo principal dances. The amusing farce of “ Anthony nud Cleopatra’ is to be the commencing feature of tho evening. Powxuy TamaTRR—The benefit of Mr. E. Eady, the | leading performer of this establishment, will come off | this evening. ‘The programme of amusement provided comprises a new drama, styled the ‘- Bell Ringer of Bos- ton,”” the comedy of the ‘ Review,” and the =pectacle of « Salvator Rosa.’ Tae entire strength of the company is included in the casts. Nusto’s Garpey.—The Ravels and the admired Russian dar seuse, Mile. Yrea Mathias, are to appear in the ballet yontomime of ‘Bella, la Paquerette,”” again this evening. ‘The dances incidental to the plece will be execute by Miles, Mathias, Franck, Julia and Flora Lehman, | Mdme. Marzetti and Paul Brillant. The African ballet of | “Jock, or the Brazilian Ape,”’ will close the smaso ments, Marzetti appearing as the Ape. Namioval. THEATKE.—The drama called the ‘Old Toil House,” the extravaganza of the ‘Fairy Light Guard;’’ sud the nautical drama styled the ‘Mutiny of the Bounty, or the Monkey of Pitcairn Island,” are the oces Felec’ed for re tation this evening. Mr. Bony, Mr. E F. Taylor, aud Mr. Eageno Cony, are to ap- pear in conjunction with the regular company. Wattack’s THRATRE.—Manager Wallack annonnces a geod bill for his patrons this evoning. The first piece is tLe comedy of “A Bachelor of Arts,” in which Lester, Dy.tt, Thompson, and Mrs. Stephens will appear. This will be followed by the farce of *: Popping the Question,’’ and the whole will terminate with the suocessful piece entitled “Number One Round the Corner,” Brougham and Walcot sustaining the parts of Nibler and Nobler. Auxnican Mussum.—‘‘The School for Scandal” wil be ven this afternoon, C. W. Clarke aring as Charlo: jurface, and Miss Mestayer as Lad: ‘The moral and domestic drama of “Charlotte Temple’ wilj be play- ed this evening, the cast of which ombraces the names of the entire company. Jursen’s Concarts.—This evening is devoted to the benefit of Mr. W. F. Brough, who has :aken an sctive and energetic part in the management of M. Jullien’s con- certs throughont his entire career im the bere apart from which Mr. Brough has strong and not forgotten claims on the sympathies ani smpport of eur citizens, | who remember bim of yore when he was wont to deligh: us by his vocal talent. On this occasion: the choicest morceave from Juilien’s repertoire will be performed, | several of them for the last and only time, with solos by Koenig, Collinot, and Lavigne arias by Mlle. Zerr and Madame Wallace Bouehe 10 Is every night gain- ing in public favor. We trust the “fine old gentle- man’? may receive the reward of his merits. | Cumsty’s Mixstegis are continuing to hold on to the simple negro delineations which have amused so many thousands of persons for the last seven years, and by which Mr. Christy has madé an independent fortune. Woon’s Minerpais advertise the operatic burletta of Cabin’? again for this esi together withthe “Burlesque Rochester Knockings” and “Goncort EXAMINATION OF TH FUGITIVE CONTINUED. THE MILITARY STILL UNDER ARMS. Destruction ef the Worces! &., &., Banner, de. (From the Boston Atlas, May 80.) The Union Guards were relieved yesterday morn- ing from their duty at the City Hull by the City Guards, Capt. French. Nothing aeceing of note occurred during the forenoon, excepting the arrival of @ band of some 200 to 300 men from Worcester, aring a banner, on which was inacribed “ Worces- ter Freedom Club.” They proceeded to the Tremont - Temple, and held a mecting in Meionaon Hall; Dr. Mitchell, of Worcester, presided aud addresses were made b: Dr. Martin, ot Worcester, Wm. Lloyd Gar- rison, 8. 8. Foster, and 8. P. Hanscom. The latter stated that a writ of replevin, to take the fugitive Burns out of the custody of the United States Mar- shal, had been placed in the hands of one of the coroners of Suffolk, who would serve it, provided te could obtain sufficient force to aid him. The speaker was evidently much excited, and called for volun- teers to aid the said coroner. A large number of the persons preent signified their willingness by rising from their seats; but subsequently, when Mr. Hansom called upon them to “walk up to the ros- trum and enrol their names,” very few obeyed the call. Mr. Hansom also intimated that a select and secret committee was in secret session in an ante- room, but declined giving the names of the com- mittee, when publicly requested so to do. The ered soon adjourned, without having effected its object. At about five o'clock in the afternoon, as the “Worcester Freedom Club” were passing down Court street, the large silken banner borue at the head of its ranks was wrested from its bearer by officer Warren, at the order of the Mayor, who waa desired by the Court to check the procession from going about the Court House. It was afterwards torn to shreds in front of the Chief's office. The noon ins er the inscriptions on the banner: Worcester Freedom Club—Warm hearts and fearless soule—true to the Union and Constitution. On the reverse— Freedom, national liberty, oquality, and fraternity. [Figure of the Goddess of Liberty.] Slavery sectional. Two placards, which were also seized, bore the following dineoriussona Shall Freedom or Slavery triumph? Let Massachusetts speak. About three o’clock P.M. a band of boys, some twenty in number, wearing paper caps and hoaded by a miniature drum, marched through Court square and around the Court House. It was understood that they were ‘determined to rescue the fugitive,” and their sapparaioe (whether formidable or other- wise) had the effect of drawing a large portion of the crowd after them, The crowd inand about Court square at about three o’clock was estimated at not less than seven or eight thousand persons. At about dark last evening, the by the police without trouble, an across the various outlets. The Mechanic Infantry, Capt. Samuel G. Adams, and the Boston Light Dragoons, Capt. Isaac H. Wright, were under arms lust night, having been ordered out by Major Gen. Edmands. The City Guard also remained on aay at the City Hall. The: will be relieved this morning. Corporal’s gua were on ants ateach of the armories of companies in Gen. Andrews’ brigade. The inquest in tie case of James Batchelder, the United States special officer, killed at the time of the riot of Friday night, was commenced yesterday, but its proceedings are not to be divulged until the investigation is concluded. A despatch from Washington says that ‘Mr. Eve- rett ala from Boston that he finds there a feeling of hostility that he can neither approve of nor re- sist. Tho disaffection is strongest among the staunchest friends of the compromise of 1350.” A petition, worded as follows, is at the Exchange Reading Room, and has already received the signa- tures of many of our leading merchants : To the Honorable Senate and House of Rep in Congress aseembled:— The undersigned, men of Massachusetts, ask for the repeal of the act of Congress of 1850, known as the Fu gitive Slave bill. Dated at Boston, May 20, 1654. The New Bedford Mercury, of Monday, under- stands that the “ Hon. John H. Clifford, Attorne General, yesterday, received a telegraphic despate offering him a retainer in behalf of Burns, tho fugi- ve slave in Boston. The offer came from several leading whig merchants of Boston. Mr. Clifford was reluctantly compelled to decline the retainer in consequence of a press of official business.” juare was cleared ropes stretched eatatives Hearing Before the U. 8. Commtssioner. Tt is with extreme difficulty, in consequence of the ard of marines, that we yesterday succeeded in cfiectin an entrance into the Com»nissioner's Court, and obtaining a eeat at the reporters’ tables The court room was crowded by those concerned in the trial, and others who had obtained admission on various Pence Rey. Theodore Parker, Elizur Wright, Robert Morris, the colored lawyer, and se- veral other leading anti-slavery men, were present. The Commissioner came in at 11 o'clock, but the proceedings did not commence till halfan hour later. Mr. Ellis, for the prisoner, said he felt bound to protest against proceeding in this case while the or counsel bore arms, and the prisoner was sl ackled or pinioned. Further, it is not fit, his honor being responsible for the order of things, that the counsel for the defence should be subjecte to threats, Hecame to ask this man’s dischar, under the law, and would not consent to be insult- Lo gay by such men, that he must remem- ber there were laws and constitutions. In the main | this room was packed by those having no sympathy | with the unfortunate prisoner; he asked that the Court should give directions ag this packin, hereafter. Coming from the law library, he ha been repulsed by armed men; it was not fit an ii mense body of armed men should block up the ave- nues to the temple of justice, and create a military display, which was creating riot. He asked, there- | fore, that his honor would give directions for the future, that this Court should be held where no such disturbance could occur. The Court decided that the trial must proceed. Hon. B. F. Hallett, ina heated manner, said this military array had become necessary, in conse- quence of these riotous proceedings, stigated by the prisoner’s and the gentleman's frien The military should be here to preserve order. The Court continually requested him to be seated, | but he refused till he had finished what he was say- | ing. fir. Ellis said he wished to make another motion, because he id not intend that the representative of | the United States should stand here and disobey the order of the Court, and he remain silent. On Sa- | turday he heard a man say “these two are of the right sort, let them in.” So we have here a disobe- dience to Court, and the avenues controlled by those | who bave prejadiged. the case. ‘The Commissioner said the trial would proceed. Mr. Ellis objected, that there had been no act of qualification by his Honor as Commissioner, to which he replied that he was qualified 15 years ago. Mr. Dana, for the defence, asked that the testi- mony be gone through again, and every thing taken | from where it was left before, as tne former pro- ceedings were had while the prisoner had no coun- sel. ‘The Court decided that he must consider all that had been done before, as in, but the evideuce might | be repeated, to save embarrassing questions. Mr. Parker then read the complaint, and recalled William Brent, merchant, of Virginia, who repeated his testimony of Thursday last, with some additions as follows: -- When we have not full employment for our slaves we hire them out, and receive remuneration for them;, I hired him for two or three years mysalf, and paid Col. Suttle for his use; he has been bired Outsince; I hired him out this year snd isst for Col. Suttle, as his agent; the wages went to Colonel Suttle; can’t say I know where he was born; | have known him as Col. Suttle’s slave a number of years. The word ‘‘slave” was ruled out, it boing decided | that the witness must confine himself to tucts, and not draw inferences.) In March last he left Rich- mond; the wages huve not been paid; Col. Suttle was to receive them; bave known him as sustaini: a relation to Col. Suttle twelve or fifteen yeams; fi knew of his letting Burns in the year before I hired him. [Loud cheers in the vious to his biring he was not big enough todo mach of anything; he ran about; ho was a boy—a big boy; didnt know of any other boy sbout there; there were marks aout this Anthoay ns; & Scar upon | 2 cheek, and a cut “pon is Sg pee t now of ir y eXce| po any other mar P' Toe Bucxuty’s Sxnaxapees will ‘Somnambula’’ 9 fortable seats shor @ the burlesque opera of to- it. These who dosire com- secure useir tickets in the day time, ‘Tus MaumoTs Texz—Which is said, to be 3,000 years old, is on exhibition at 506 Broadamy. While standi: in its native region, it measured 326 feet in height, on 92 feet in circumference. Fifty feet of the bark, from the lower pact of the trapk, has been patio ita natural form, and cam be secn every day and evening at the above place. Dxatn or A New Youker.—Wo are informed ‘sy Ceptain McGill, of the steamer R. H. Winslow, ‘ait a passenger on that boat died on board Thuraday, linson, and belonged to New York city. He was apparently 9 age age of wealth, and bad been to New Orleans for the purchase of Kya aie has been taken to Ci flecessary I excluded becanse he is a y, but it was a dif- mretion com be bed by addres the agent ot the Ferent and distinct thing trend ths Gon louabeee or ad- boat, Mr. A, Irwin, Jun., st Cyacinastl——Lowisville | Sicinpain somvernties wetcthoms, bs Courier, Mr. Dawe rejoinca that the language was, hia‘ tee - the Isth Inet.. ‘Tho deceased waa named C. 5. Tom: | pearance; he was about six feet high; Within three miles of Col. Suttle; know him as long as Tcan recollect; kuown his family, mother brother; was at bis place at any and all times; last saw Berns in Virginia, | think the Sanday previons. to his being abeent; 1 think it was the 19th or 20th, of March previous; be was missing from there on the 24th of March jast; didn’t see him again til £ Game bere; deu't know how he left, only what he id hicneelf. bat was objected to by the defence, that the in- uiry was fora statement supposed to have been mace by the prisoner, while under the sixth section of the act under which he waa seized, it is that the testimony of the fugitive shall not be admitted in evi- dence. They clrim him as& mere thing, and it is | pot fit, where his teetimony is exeinded, that his | statements to another shall be received, | jury. | of whose square outside.) Pre- | eee THE SLAVE EXCITEMENT IN BOSTON. qitony shall not be received in evidence.” fe hope that this principle would claim ant's te “timon) Was, udmitted, Ad ties, and if the claimant can tes for him rit certainly sho."!4 not be admitted that the the other ", Could testify only b Tene, it wan dificxt % apply the © dita Pr.oi ple of common law tos :' conceived ia vi Jnf'om of those principles, but xt must be as far as It may. Mr. Thomas quoted the Bx0ms case in support ef this testimony, and Mr. Dana sot it was not am ew thority, because the point had not been raised os contested. ‘he Commissioner said it was his presemt im sion that the strict meaning of the statute would not exclude the confessions made by the prisoner, bué hecroula arg pokey and in the me nrcenn evidence cou! taken, subject to rejection should so decide hereafter. “ The witness then proceeded. On going into his room the night of the arrest, Col. Suttle said: “Anthony, what are you doing, er how came you here?” Burns said an‘accident happened to him—he was working down at Rockett's, on @ shipping vessel—that he got tired, went to sleep, and was brought off on the vessel. Mr. Sut bet te asked him if he had ever corrected or whip- ped him? Mr. Ellis objected, as the claimants said they wish- ed only to imquire as to the escape, and were sow Crepes to prove another point—that of the re ation. Mr. Dana expressed his belief that by Vi law the admissions of the alleged slave oe abe of status, is not admitted. The Commissioner—Go on with the examination. . Witness continued—The firet words were on gone into the room: Burns said—‘How do you do, Charles?” then followed what [ said; then Mr. Sut tle said—“ Anthony, did 1 ever whi) yout” “No sir” “Did I ever hire you where you ‘aid 't want to “No, sir;” “When you wanted money did I ever re- fuse it to you?” “No, sir;” “When you was didn’t I take a bed out of my own house and nurse yout” “Yes, sir;” then he recognized me and said— * How go yon do, Massa William?” that was all, ex c.pt atout the escape, which I have already told; there was something said about going back—the boy said he would be willing to go back; the mother of this boy lives on his estite; don't know of her being hired; Colonel Suttle has full control of her, {ruled out); don’t know of other acts of o7 Some discussion occurred whether the question t» Colonel Suttle’s claiming to own Burns in Vir ginia wasadmissible. (Shouting outside.) The ob- jection was that it would be only the inference of s willing witnsss as to a question of law. The Commissioner decided the witness might state facts, as to whether Col. Suttle had ever said Burns was his slave; but the inference must be drawn by the Commissioner. The year I hired Burns Col. Suttle made a dis tinct claim tothe ownership of Burns. I gave my bond for him, as is customary in our country, im such cases. [The progress of the examination was Contested inch by inch.) At one time it was necessary for Col. Sattle to make a pecuniary ar rangement of hisaffairs,and he then claimed to owm Burns, and mortgaged him; he said then he owned teveral slaves, and aon, Burns was one of them. When he wrote to me, at Richmond, to hire out hie servants, he mentioned this boy as one. It is custe- mary in Virginia to give passes to slaves (and none others) to go about with; when Burns came to Rich- mond he had a-pass—so he told me when he came to my house; it was such a pass as I have spoken of. Cross-examined.—Own slaves; acquired some by marriage thirteen years BgO; owned none before; in- herited some from my father after his death; have. nett some since; think the last I bought was im 1841 or 1842; some have been soldin a suit, but I never sold any myself; om nota dealer; jvined Ool. Suttle at Alexandria, Saturday evening last, to come on here; left there the same evening; came direct as we could to Boston; had made previous arrange- ments to that effect; there wus nothing sald about his bearing my expenses, or paying me for coming on; came here as a friend of Col. Suttle; think this is my first trip; have been in Washington with him; not after slaves; Suttle first peated to me; we lodge in the same room; we arrived here on Monday last; Iwrote to Suttle the Tuesday after the boy wam missing; I gave the name of the man to whom he had beeu hired; C. W. Millspeaugh; had worked for him since January; the mortgage was made to John N. Tollson; we first went to the Revere House; had the conversation with Burns in a room ia this building, about half past eight o'clock, the evening he wae taken; do not know whether he had irons on; Mr. Suttle said at the conversation, “‘I make you no romises, and I make no threats,” or something like that; it was that he would make no compromise with him; I believe that I did before state the whole conversation, a8 far as ee what I was asked about; this waa after the other conversation; this is all the conversation I recollect; came from aud went to the Revere House; nobody was there but the Marshal and police that I know of; have lived in Richmond four years; Col. Suttle has lived there temporarily as a member of the Virginia Legisla ture; do not know anything about his mother, whether she is his mother or not, ouly by hearsay? the bond between Suttle and myself has ex 3 am not responsible for the boy’s running off; not fad the exact words of the boy relative to going ck; aid not suppose I was to tell the whole con- versation. Majer Caleb Page sworn—Live in Somerville; am 4 teamster; remember fifteen minutes after Burne coming to the room, this man here (Suttle) came in; didn’t distinctly hear what was first |; Mr. Suttle asked Mr. Burns in relation to his treatment before he left. [Witness corroborated Brent’s testi- mony on that poi wl Suttle asked Barns why he ran away, and thought Suttle asked him if he came in Ce Snow’s veasel; he said no; then Sattle asked what vessel he did come in, and I did not hear the answer. (Uproar imCourt square.) Cross-examined—Work in Milk street for various. houses, with a team of my own; came there that night by order of one of the officers; think it waa Mr. Butman’s order; he came out and told me that I was the very man he wanted to assist in aman; didn’t help arrest the man; guessthere were five men in the room at the time; am still. em by them to stay there; don’t know in what ca v5 am employed by the Marshal; have not been em- ployed fn such business before. r. Parker here put in the record from the Vir ginia Courts. Mr. Dana said there were objec- tions, but declined pressing them, as there was ne Mr. Parker anid they considered this record aa de-~ cisive, id said, with the exception of proving the marks of identity, their case would be closed. The Commissioner said he had observed these marks already. Mr. Thomas put in also the code of Virginia, te which reference was made. Greenleat’s Evi and other authorities were also cited, relative to the authority of Courts, and also to show the existence of slavery in Virginia. On the last point Mr. Dana objected that a book was not sufficient evidence of the fact. Mr. Dana asked for two hours farther time to pre- pare for the defence, and after some discussion, at ten minutes to 3 P. M., the Court took a recess of forty minutes. AFTERNOON SESSION. At twenty minutes B se four o'clock all the coun sel, and others immediately concerned, baving sue- ceeded in passing the bayonets of the marines tonne laces were very red), Mr. Ellis was called upon to proceed with the defence. Mr. Ellis said in justice to hia client he must asi for a further postponement; this the Court refused to grant. le then proceeded to make his opening ples for the defence After ae the Comoissioner for the fairness and courtesy he had shown, he express ed his regret that he was so illy prepared to pro- | ceed with the defence. This was owing partly to the late hour at which he had learned of the test mony he should present, and partly to the guards around the doors and passages, by which he had been delayed beyond. the time to which the court had adjourned. ‘But in spite of this short time, he would show they had a good defence to make, not- withstanding the discourteous charge of the op- yoring counsel, When be asked for delay. He re- fore to the proposition for sale, a5 au attemy obtain an admission that the prisoner was a slave. The friends of Burns did not come here to get this low over-ridden, although they hated it, they believ- ed it unconstitutional and contrary to common law. | As 8 rejoinder to the charges of the opposing any | he said that sooner than open his mouth in favor | euch work as this, he hoped his hand might wither and hie tongue cleave tothe roof of his mouth. (Mr. Parker then explained that he was not a voluntesr, | but bad been retained in the ae ‘Thay had she anid, that Commissioner | wauld, as a Judge, keep a steady bd the law, and | @& aman, a steady remembrance of his manhood; im. | all elve this ceding had little of the bel \of a judiolat trial; it was the semblan ‘ | shadow of law. The surronndings would bear him, \ oui in this, (A drum and fife were then playing in the square under the window.) In reg: to the. dockionb te which the counsel on either side could, | pefer, it was unfortanate that shey were all political | decisions ; further, this was a political trial; it came singularly at the heels of the passage of a bill at Washington, and it was more than singalar that the Uni Btates District Anny (Bee. B. | F. bem ehould have attem in m to over-ride the decisiops of Court and di its order. The cignanta have for their law, tics! They claimed {n 1850 that it was necespary to have @ demonstyat¥on that the law could be enforced in Boston, an@ be intimated that the former dect- sions were ‘inde in « measure to “sustain the faith of treaties,” but the treaties had now been | Pall ea precede ela so abtaia the Prolene enero: ni—to in the pri | der, “He believed he could show a defence thet In avewer, it was eaid that this man's evidence | wonld set the prisoner free, but before doing ee "7 | Chose to face who came with