The New York Herald Newspaper, June 25, 1854, Page 1

WHOLE NO, 6514. EWS BY TELEGRAPH, THIRTY-THIRD CONGRESS, FIRST SESSION. House of Representatives. YRIVATE BILLS. Wasuixcros, June 24, 1854. fourteen private bills were passed, including the pate bill to reimburse to the Common Council of New city the expenditures made for the first regiment New York volunteers, THE GENERAL APYROPRIATION BILL. | . Houston, (dem.) of Ala., moved that the House go | 9 committee on the general appropriation bill, wishing finish it to-day, so as to take upon Monday the bill propriating $10,000,000 to carry the GadaZen treaty o effect. (The motion was agreed to. debate took place on the amendment, which was | sed, appropriating $75,000 for a bridge at thi , over ie Petorae. SA EPO . CHANDIER offered an amendment appropriating ing the aqueduct for supplying the | with water. long discussion ensued. The friends of the proposi- pn contended that it was necessary to the preservation Se.peblic property, the comfort of the national repre- ntatives, and the cleanliness of the city, that the work ould progress: Congress heretofore employed the Pre- Rent to select the site and plan, which he bas done. The opponents of the scheme insisted, at the time the ppropriation was made, for surveys. ‘No one shought gress would be involved in a work which would cost B,000,000, or thrice the ameunt of Capt. Meigs’ esti- tes. Water could be procured, taey said, at a cost of 1,000,000, Others thought the people of ‘the Distr pould build their own waterworks. Pending the adjournment, the committee rose, and the fouse adjourned From Rio Janeno, COMMERCIAL AND SHIPPING NEWS. Bartmiorg, June 24, 1854. We are in reeeipt of Rio Janeiro dates to May 16. The pffee market showed a slight decline on inferior grades, nd a slight advance upon selections. Sales are reported 80,000 bags, at 4000 2 44500. The new crop would be h the market about the Ist of July. The flour market vinced a better tone, and sales of Richmond had been nade at an advance of $1 per bbl. Arrived May 9, bark Hahneman, from New York, in ; Cleared again, on the 13th, for Salinas Bay. Sailed, brig Owenvawa, for New York. Cleared, for lew York, bark Utah. Propeller Ashore on Lake Huron. Burrao, June 24, 1854. The propeller Bucephalus was beached and sunk on e Huron, while on her passage down with a valu- ible. cargo of flour and corn. It is thought she will be ot of. Tho loss is covered by insurance. Interesting Masonic Celebration. Boston, June 24, 1854. St. John’s day was celebrated in Framingham to-day by freemasons. The Rev. Mr. Alger, of Roxbury, de- red an address. A dinner took place under a large tent, at which numerous speeches were delivered. About four hundred persons went up to the celebration from this city. Our Washington Correspondence. WaAsHINGTON, June 23, 1854. The Pacific Mail Contract. A bill is now before the House of Representatives, entitled ‘A bill to provide a weekly mail service ‘between the Atlantic States and San Francisco,” which provides “that the services to be performed | York Hospits], from a pistol shot wound he received at | the hands of George S Myers, the constable at Haver- semi-monthly, and at such times as, in connection with other mail service, will secure, as near as practicable, a weekly mail each way, between the points designated and determined upon: pro. vided the entire cost of such service shal mot exceed two hundred and fifty thousand dollars per annum.” We believe that the im. of our commerce with California requires this additional mail service ; and if this were all that the bill provides for, we should be glad to see It become a law. But the second section of the bil gives to the Postmaster-General the power, and makes it his duty, to determine any existing con- tract for the service herein required, and to make @ new contract therefor, whenever greater expedi- tion can be secured, within the provisions in this In the course of debate on this bill on the 17th inst., Mr. Paylor, of Ohio, asked Mr. McDougall, the mover, “whether the bill which he pro) ses, and which is now under consideration, will inter: fere with the present mail contracts between the eastern cities of California,” to which Mr. McDou- pall ee “Not at all.” ‘ Then,” said Mr. Bays for, ‘1 have no objection to the bill, and I hope it will pasa 7, believe Mr. Taylor thus honestly expressed the jon of every man who appreciates te im) ice ot our ‘rade vith California. What, however, will be his astonishment when he sgain-examines this attempt to smuggle a bill through Congress, giving the power to the Post- master-General to repudiate a contract made by the United States, in faith, and which, so far as we know, has been hitherto faithfully and honorably complied with by the contractors? If, as has been alleged, the contractors have forfeited their contract by any infractions of their covenants, let the case come fairly before Congress for its action; but we venga the name of the people of the United tates, against this covert attempt to repudiate the led ed faith and contract of its government. Let the bill, in all its bearings, be carefully examined, and we venture to say that no man who regards the honor of his country will give it his vote. There may be corrupt legislation; but this barefaced at- tempt at fraud upon the people, and dishonor to the government, cannot be consuminated. Obituary. Dsara or Curer Justice WeLis.—We learn with regret of the death, yesterday afternoon, after a very short illness, of Hon. Daniel Wells, Chief Jus- tice of the Court of Common Pleas of this State. He died about two o’clo at his residence in Cam- bridge, the attack a) ig to be a disease of the heart. Judge Wells was about sixty-three years age. He was graduated at Dartmouth College in the year 1810, while that institution was still under the charge of the venerable Dr. Wheelock. After he was admitted to the bar, he entered into prac- tice in the western lo of this State, where for the greater part of his life he was known as an eaewne and succeasful counsellor. He was appoint is- trict Attorney for that district in 1838. He repre- sented the county of Franklin in the Senate of the Commonwealth. At that time, and for some years after, he resided in Greenfield. On the resignation of Chief Justice Williams, in 1844, he was made Chief Justice of this court, and he has performed the active duties of that position till this time. The death of Judge Wells is not simply the loss of a faithful public officer. The kindness of his dis position gave ease and to his discharge of blic or of private duty, and his many personal lends will feel that they have lost a friend on bg! they could always rely—Boston Advertiser, June 24. Tax IMPRISONMENT OF THE AMERICAN ConsuUL at Turks Istaxp.—The brig Union, from Turks {sland, June 8, arrived at this port rday. At our last accounts from that island, Mr. Nelson, the ican consul, had been sent to prison for the non-pa: it of a fine imposed by a court for an assault upon an official of the island. When the Union, left, Mr. Nelson was still in prison, havin determined not to pay his fine, ing that he woul leave his government to take him out. Some of his friends advised him to pay the fine under test, but this he declines doing. The authorities of the island allege that Mr. Nelson was fined for the assault, simply, as would have been any other mn, whatever his nativity or official station. Nelson alleges that the prosecution and sen- tence were the result of a personal feeling against him, and calls upon the American government to redress his wrongs.— Boston Traveller, June 23. Divivisa THE Sroirs—On Sunday, four young Triehmen, belonging to Ware, discovered a keg con- taining eight pounds of powder, which had been left by the workmen on Saturday night, on the new road between that place and West Brookfield. They took it off with them, and, about 9 o'clock in the evening, commenced a division of the spoils by the candle I ht, when a spark from the candle fell into the powttr, and the explosion which followed burnt three of the men very severely, and blew the other out of the second story window, injuring him so badly that he is not expected to recover. The ex- plosion, fire and smoke produced an alarm which fe) out the fire department.— Worcester Spy, wre 2%, K HERALD. SUNDAY MORNING, JUNE 25, 1854. City inteDigence. PLasterers’ BRNEVoi Ext SocIBTY —A general mee the Operative Plasterers’ Benevolent Society wm held at their lodge room, corner of Twenty-seventh atapet and Sixth avenue, on Thorx’ay evening, June 2vd, to hear the report of Frederick A. Talmadge on the Jaw of grant ing charters to such societies in the United States. After an explanation of the Jaw, hodclivered « short address, congratulating the members oo the formation of the above society, and encoursging the members to go on in the good work thus begun. At the conclusion of his speech he made the society a donation of $20, to enadle the members to prosecute the good work, after which the scciety passed a unanimous vote of thanks te Mr. Tak madgé. The meeting then adjourned. Coroners’ loqguests, THE MAN SLAYING AT HAVERSTRAW, ROCKLAND COUNTY—ACTION OF THE GRAND JUKY—CONSTABLB MYERS HELD TO BAIL IN $15,000. It will be in the recollection. of our readers that @ mon, pamed Bernard Reilly, an Irishman, died in the New straw, who, according to the evidence given before the Coroner's jury, assembled in this city to inyuire ioto the cause of the man’s death, abot him down in cold blood— the man at the time being a prisoner, ticd with a rope, which wound round his person and incavable of reaicting; and that the jury rend a verdict, bad the act been commitied in thia city, wou! placed Myyrs on trial for bis life, and that alter th» r ndition of the verdict, the constable, Myers, was arroste and an inquiry was instituted before two magistrates of Reckland county. and Myera acquitted of all blame A full account appeared inthe New York HRRALD ut th time. Yesterday Coroner Hilton received from the Dis trict Attorney of Rocklant county the fullowing letter and enclosure. We give them entire. They speak (or themeelves with sufficient significance :— Coroyek Hinron. My Dean Sin—I write to inform you that Geo. 8. Myera, charged with shooting Bervard ‘Reilly, who died at the New York Hospital, was indicted by the Grand Jury at the late Court of Sessions, of this county, for manslaugh- ter. He has been arrested and held to bail in the sum of $15,C00, as will more fully appear by the euclosed notice. 1 think it would be weil to cive publicity to these pro ceedings through the New York press. If you concur with me, please have the enclosed published in the daily prints. Most respectfully yours, A. E. SUFFERN, Dis. Att, county of Rockland. Haverstraw, N. Y., June 22, 1854. ‘The enclosure was as follows: THE HAVBESTRAW HOMICIDE. George 8. Myers, the constable of the town of Haver- straw, who on the 21st of ec lust, shot an Irishman, nemed Bernard Reilly, of which said Reilly died a few days after, in the New York Hospital, was indicted for manslaughter by the Grand Jury, at ‘the June Term of the Court of Sessions, of the county of Rock/and, and the indictment sent to the next Court of Oyer and ‘ferminer, of raid county, for trial, He has been arrested upon a bench warrant ané admitted to jail by Hon. Joha W. Brown, Justice of the Supreme Court in the Second Judi- cial district, in the sum of $15,000 for his appearance at said Court. Farat Fatt.—Coroner 0’Donnell yesterday held an in- quest upon the body of Mary Kehoe, an Irish woman, fifty-three years of age, at 249 West Sixteenth street. The deceased, about a fortnight ago, was carrying up stairs a psil of water and some shavings in her apron when her foot became entangled and she waa precipita- ted to the bottom of the flight and sustained severe in- ternal injuries, of which she has been suffering until Friday evening, when she died. The jury returned a ver- dict of death from injuries received by falling down stairs, Drath FROM INTEMPERANCE.—Coroner Wilbelm yester- day held az inquest upon the body of John Allis, a sailor a native of Ireland, thirty-eight years of age. Deceased gn Erioay morning vent to the houso of Mrs, Brown No. 80 Oliver street, in a gross state of intoxication, and after he had been there a short time he was seized ‘with a violent fit of vomiting which continued, with few inter- missions, until he died. Medical aid was procured, but the physician was unable to afforé any permanent relief. Deceased died in the evening about seven o'clock. His body was examined by Dr. Richardson, who stated in his opmion, deceased died of congestion of the brain, produced by intemperance. Allis was an habitual drunk ard. Police Intelligence. A Fugitivefrom Justice from New Jersey.—Dr. Lyman Andrews Abbott alias Andrews Abby, was yesterday ar- rested by officer Spicer, of the Court of Sessions, on a charge of being a fugitive from justice from New Jeracy. Mga. Sarah Eaton, of 168 Essex street, attended before Justice Wood, at Eseex Market Police Court, before whom Dr. Abbott was taken, and stated that the’ accused had intermarzied with her sister, Elizabeth L. Roberts, at New, ark,on the 2th of January, 1854—he having another wife living at the time. The deposition of the second wife was made at Newark, of the firet wife at Syracuse. She also stated that there was process iseued against him from Essex county, New Jersey. Dr. Abbott was detained by the magistrate, to await a requisition from the Governor of New Jersey, but has since consented to go back with- out it. Grand Larceny —Mary Barbenck was arrested yester- day by officer Johnson, of the Third district Police ‘Court, on a charge of having stolen from Samuel Morris, of 74 Mott street, a silver watch, a gold chain, a vest, and a five dollar bill, which he had deposited in his hat, and placed on a table ina room where he and the accused were alone together, She suddenly left the room, when he discovered that his property had also vanished, After some difficulty, he met with Ler, in company with a man named Stephen Theodor. She denied the robbery. Upon the person of the man the chain was found, and hie stated it had been given to him by the woman Mary. Sho was held for examination by Justice Wood. ‘The Hog Nuisance—Mr. Thomas K. Downing, the City Inspector, attended yesterday before Justice Stuart, and procured warrants against the following persons for keep- ing hogs on their premises contrary to the city ordinances, and creating a nuisance detrimental to the public health: Michael Burns, Forty-first and Forty-second streets, be- tween Tenth and Eleventh avenues, 20 hogs; John’ Ma- lone, Forty-second and Forty-third, do. do., 12; Daniel Morn, Forty-first and Forty-second, do. do., 17; John Wallace, Fortieth and Forty-first, do. do., 41;’ Wm. Gar- vey, Forty first and Forty-second, do. do., 38; John Hol- land, Forty-second and Forty-fourth, do, do., 20; Patrick Lyons, Fifty-seventh, south side, between Broadway and Seventh avenue, 200; Thomas Carman, same location, 80; Terence Kerbal, Fifty-seventh and Fifty eighth det ereen Sixth and Seventh avenues, 60; Michael Devlin, Fifty- eighth street, do, do., 60; Jas. McDermott, Fifty-seventh and Fifty-eighth, do. do., 45; Michael Hammer, do. do., do. do., 35; Michael Mitchell, do do., do. do., 110. The war- rants were issued against all these parties, and placed in the bands of Captain Witter, Twenty second ward. Charge of Embezzlement.—George Klein, the French- man, whore cage we reported yesterday as being held on a charge of forging the name of his employer toa chock, has haa s charge of embez lement preferred against bim by Mr. Martin, who states he has embezzled between $600 and $700, and converted them to his own use. When arrested on the first complaint by officers Van Vort and Redfield, of the Ninth ward police, he had taken his passage, and was about departing to Europe He de- niea the charge. On searching his box $300 in gold was found, and a quantity of new clothing. He had been in the employment of Mr. Martin for upwards of two years. He was committed for examination by Justice Stuart. Charge of Stealing Lead Pipe —Mr. Enos Harris, the proprietor ot some new buildings in Twenty-second street, has had continual complaints made to him that the new lead piping has been cut and carried away from the buildings, and any loose piping or other materials left about the premises is stolen, Mr. Harris stated the loss in lead piping alone amounted to upwards of $500. Yesterday, a plumber at work on the premises, John Judge, going to the premises unexpectedly during the dinner four; caught’ a man named James O’Conuer in the act of convey! way some lead piping. He was immediately arrested and taken before Justice Stuart, by whom he was locked up, in default of bail in 8600, Embezzlement.—Jobn Kelty, a clerk in the employment of Theodore Molton, of 254 Cherry street, was yesterday arrested on a charge of having embezzled some money, the property of his employer, and converted it to his own use. He was held for examination by Justice Wood. Domestic Misveliany. One hundred and nine dogs were killed in Cleveland in four duye, under the direction of the city marshal. The Wilmington (Del) Journal understands that the Mesars. Dupont have appointed two carpenters, two ma- sons, two plasterers, and other gentlemen, from the best mechanics in that city, to assess the damages caused by the late explosion, in order that full and ample repara- tion may be made to the injured parties, without delay. They bave already settled a number of the claims in a very satisfactory manner. The loss of property will amount to from $30,000 to $35,000 The semi-annual report of the Chief of Police of New Orleans is published in the Picayune. It shows that within the six months 9,710 men and 1,567 women were arrested, learned, says the Trenton (N, RR Gazette, the rather alarming fact, that within two or past, the sale of opium in this city has in- something like one thousand per ‘ ‘The agtesian well at Frederick, Md., has been com- pleted. The shaft has been carried down 585 feet,’ and now, the Keaminer says, the water runs out at the rate of one hundred and fifty gallons & minute. The Nashville Whig says: ‘A warrant was issued in New Orleans last ‘Parapet for the arrest of a free colored woman, named Mi rite Persus, who was alleged to be in the habit of ill-treating her slaves, and using instruments of torture in their punishment. Bivonce Exrraonpinany—A woman applied to one of our attorneys not long since, to take steps to- wards procuring a divorce, on account of habitual drunkenness and ill treatment in her liege lord. The attorney, who is a strong temperance man, was much impressed with the story of her wrongs, and engaged to commence necessary proceedings at once. A few days ago, the fair plaintif® called again to consult | about the case, and at the elose of the interview in- nally consummated. The attorney replied that he sincerely commiserated her situation, and would do | alihe could to relieve her from it in the shortest | possible time. He thought he would be able to do | so against the Ist of September at farthest. “Oh!” sald she, her voice betraying the deepest emotions, “can’t it be done sooner, I'm engaged to marry | another feller in Jul, The attorney eauliflowered. —Lafenctte Und.) Jenrnel | Pita how long it would be before the matter was , ABRIVAL OF THE ILLINOIS. News from the souvh Pacrfic, Australia, and the West Indies, The mall steamship Illinois, Captain Hartstone, arrived J at this port yesterday morning, from Aspiuwall,, witich port she left on the 10th instant, having beer detained awaiting the arrivel of portion of the mails. ‘the nots Brings the California maily of June ¥, five hundred and two passengers, and $965,830 64 in tressare on freight, consigned as follows :— Adams & Co, #0Nf, 854 56 American Exchange bank, ~ 238,000 00 Jno. Cupningbam + 9,600 09 Luncan, Sherman & Co. 200,000 00 dno. Fobea 5,185 09 : 4,490 00 69,000 00 h 19,000 00 CW. thomas 34850 00 Wels, kargo 187,761 00 J. Watson & Fo 26,409 00 J.B. William: 6,180 00 ©. W Follits. 13,030 00 500 00 $949,690" 54 16,200 00 Wo Re EEA LA FH ar REE Er $985,830 54 We are indebted to the Purser of the Ilinois, also to Mecers. Lerford & Co.'s Express, for tiles of California papers. The mails, passengers and treasure were brought down on the Pacific side to Panama by the steamship Jobn L. Stephens. ‘The news has been anticipated by the arrival of the North Star. ‘Ibe steamship Sierra Nevada left San Francisco on the same cay for San Juan del Sur, having on freight trea- sure amounting to $1, 14 ‘Trial ot Hdwiad H. Avery for the Marder of | Susennah Russel. [From the sn Francisco Herald, May 30.] ‘The trial of Edward H. Avery, for the murder of Suraunuh Russel, by stabbing her in the left side on bard the Yankee Biade, on the 13th of Pebroary last, was commenced in the United States District Court yesterday, before Judge Hoffman. Mr. Glas- sell appeared fur the prosecution, and Messrs. Foote and Baker tor the defence. The toliowing jury were empannelled:—John Benson, J. Wilson, A. Pollard, Geo. 8. Gladwin, A.M. Comstock, E. 8. Boardman, Wm. Moody, E. W. Smith, L. P. Eaton, BE. L. Win- chester, R. D. W. Davis, B. F. Lupton. THE PROBECUTION. Mr. Glassell briefly stated the facts of the case to the Jury, and concluded by reading over the in- dictment. Mr. Swales being sworn, deposed—I am a physi- cian aud surgeon; on the 13th of February I was on board the Yankee Blade, thirteen degrees above the line; it was an American vessel sailing under an American flag; on the 13th of February, about half- past seven o'clock in the evening, was sitting near the purrer’s oflice; there were some gentlemen and three or four females, the wives of mechanics on boaid,preecent;they were walking up and down;it was moonlight; saw this female walking with another fe- male; she had a white dress on; heard a rusting; she ran towards me, exclaiming “Doctor he has killed me,” she was gasping; she fell forward and I caught her; heard then the click of a pistol, and one of the passengers rushed forward, saying ‘ He will kill us;” heard the click of the pistol three times; Avery was found, and I saw a wound in the side of his neck; he said, ‘ Doctor, I have cut my throat, if I did it right—I killed that girl—I love that girl,” and he stooped over and kissed her; his wound was a most extensive one, and I thought several times that it would be the cause of his death; the girl was dead the first time I left her; the wound was between the third and fourth ribs, and came out near the shoulder blade; the edge of the wound looked ragged; from the ba lagy ee of it, it seemed to have been caused by a knife; I saw Avery a few days before that; my attention was called to him atew days before by a little occur- rence which took place. Cross-examination waived. Charles H. Hewitt being sworn, deposed :—I am first officer of the Yankee Blade; on the evening of the 13th of February was sitting aft, tall with the officers of the ship; heard a rushing on the deck; a female came aft, saying, ‘He kiiled me!—~he killed me;” she laid down on the centre of the deck and died; saw Avery there; heard him say, “I killed her—nobody else killed her;” as soon as she lay down went to tind the murderer; he was stand- i g at a corner enapping a pistol; I think at himself; snapped it twice, and then threw it overboard, an said, ‘Don’t come near me—I am a desperate man;” he made a motion, and I think cut his throat; I went for irons, and when J came back he was lying down by the side of the woman he had killed; she also said that “he killed hers” if Iremember rightly she said, ‘‘ My brother here killed me; Avery was represented as her brother, and I never knew any- thing to the contrary; he shipped as a deck hand; after he cut his throat, and was lying beside her, he said he was not her brother; I am not certain whether she said he was her brother or not. Cross-examination waived. Samuel L. Voist being sworn, deposed:—I have heard the testimony of some of the witnesses in the case; on the evening of the 13th wa was in my office, trying to light my candle; Iam Purser of the Yankee Blade; I heard a poe and saw Su- sannah Ruseell lying on the deck, with a wound in her side; presently Avery came rR said he killed her; laid down by her side, kissed her, and said “I loved that girl.” Cross-examination waved. John A. Edwards being sworn, deposed:—I have nothing more to say than has been already stated; was sitting in the Purser’s oflice; heard some scream- ing; he went out before me; when I went out I saw them lying (Avery and Susannah Russell) on the deck; heard nothing said. Cross examination waived. Mr. Glassell stated that he had some witnesses to introduce relative to some previous transactions, but they were not present now; he would rest his case here for the present, by askin, Dr. Swalec—Q. What was the cause of her death? A—A wound in the left breast caused by a knife. FOR THE DEFENCE. Edward Magagnas being sworn, deposed—On the Dae of the 13th February was sitting forward, when | heard the mate rus! babe) |, saying, “ Get irons—that man has killed his sister;” I went forward then; I saw Avery on board a few days after the boat left; he was working as a deck hand; Mr. Hewitt brought him to me to assist me in paint ing; noticed for two or three days before the act that he was very agitated and (sacle nervous; cn the evening of the day he committed the murder, he told me, while on the couch, that he killed the girl by giving her three or four stabs; he was em- ployed assisting me painting in the cabin; I dis- covered this agitation three or four days before the homicide; his conduct induced me to believe that he ‘was somewhat deranged; he was moody, abstracted, and had a certain twitching of the mouth; there ‘was a nervousness about him that showed him to be very much excited; I have not thought much about the matter. Q. Was his conduct generally such as that which characterizes an insane person rompers to.] Q. What was his manner—calm and cool, or oth- erwise? A. It was not. I would say he was sane in going his work, but still, by the glaring of his eye,I shoul judge that he was insane on some other point. Cromexamined by Mr. Gaskell—He was working for me three or four oly before the occurrence; he painted remarkably well for one who knew nothing about the business. Col. Baker argued that the opinion of the witness as to the sanity or insanity of the accused should be admitted, and quoted Chief Justice Hornblower, in the case of Spencer, in support of his argument. After an ingenious argument on the part of coun- sel, the court ruled that the witness might state the deportment of the accused, and whether that deport- ment was that of an insane 5 A. I would state that it was on a scientific exami- nation that I came to the conclusion; and though I have no diploma, I have stadied Physiology ve deeply; and my reason for not stating it in a tec! cal manner is, that the jury might not understand it; I have no doubt that he was, at the time of the commission of the act, insane or 4 monoma- niac » To the Jury—I did not sleep with him before the occurrence, Bat did sleep near him after the occur- rence, at his own request. By Mr. Glagsell--The difference between a mono- mania and monomaniac is, that the former is taken in the plural tense, and the latter in the singular, referring to one individual; he painted remarkably well; he asked me one day, did I not give my men some drink; upon all other subjects he was sane, except on this point; he had a: feeling of adhesive- nees towards the girl that attached him to her, and an angry jealousy resulted in the derangement of his brain; he was attached to me because I treated him and her kindly. - ‘ To the Court.—! formed the opinion of his insani- ty-—jealous insanity—a few days before the occur- rence; the jealous erling caused his monomania; I believe before God that t points two days before the oggwirence, To the Jary.—He told me she was not his sister, the night after the occurrence; I judged that he was jealous of the conduct of his sister. By Mr. Glas #ll—Though I was not informed that they were avything else than brother and sister, stil) my opinion sometimes varied on that point. Captain H. Randall—_Am Captain of Yankee Blace; know the prisoner was on board; an opportunity of seeing him; I did not notice him particular! somewhes flighty, stirred up about something. Andrew Van Orden, being sworn, deposed—TF had no Saggainiance with Avery previous to the oc- currence; I saw him on the evening of the occur- rence; his cvantenance was wild and Kis whole ap- pearaiee indicated insanity; the conversation we jad wes rather doubtful; Ientertained the opinion See Be aa laboring unde? aia. degree of excite- } ment; his eyes sppeared to be wild, glassy and ver brilliant; I was Refakesree on board. “a ? | Crogs-examined’ by Mr. Gluseell—I heard hiza say | something; came % me two fiours before the occur- | rence and looked for a bottle of rum, from his ap- | pearance I refused if-and said I would give it him came to me and raid “he cutme to death,” I ask- | ed who? and she seld “my brother; I did not | know much about her; in fact, 1 did not like the | girl; she then staggered and fell, and Avery came orward looking perectly crazy; whon he came for the liquor 1 thought he was laboxing under much excitement, and that was the reason of my refusal. _ By Gov. Fuote—After the occurrence he jookedé distracted, and said, ‘“Keep off, keep off—I'm despe- |_| should certainly say bis conduct was that of an insare man. By Mr. Glagzell—I consider any man laboring un- der high excitement to be insane for the time. By Gov. Foote—I considered his mind uasound at the time. By Mr. Glaasell—What I mean by insanity is high excilement, Capt, Randall—By Goy. Foote—I had an inter- view with him the morning after, and I asked him “How he came to stab the girl?” he said, “I knew nothing about it—l'll stab nothing;”” thought him sincere; formed an opinion at the time that he did not know what ne was about. By Mr. Glasseli—After I had talked with him the morning after, I formed the opinion I gave. Dr. Colt, examined by Gov. Foote—I knew all the | branches of the prisoner's family, with the excep- tion of his father; a number of the members of the bicM Were insane; one committed suicide—another died in the Insone Hospital in Massachusetts; his grandfather was 2 man of enthusiasm; was a colo- nel in the Mexican revolution, and was wounded mortally in battle; the grandmother of this man was named Huntingden; her brother, named Levi Hun- tingden, was an intemperate man, and subject to apo- plexy; the second eousin of this young man’s mother ‘Was subject to fits of ineanity at the birth.of every child; 1 bad no acquaintance with this yennk man, but when I heard of the name, I went to see him in his cell, and when he told me the name of his mother, I recollected that I knew all his family; I offered my testimony voluntarily this morning; the tlow of blood, deseribed to have come from the wound in his throat, would have the effect of re- lieving bis insanity; I knew of a woman who, in a fit of insanity, had gone into a back room to com- mit suicide, and after a large flow of blood from a wound inflicted by herself on her throat, she became ae relieved of the insanity, and very anxious for life. cm the testimony you heard this morning, and your knowledge of family facts, what is your opinion as to the sanity or insanity of the prisoner at the time of the commission of this act? (Ob- jected to.) Judge said that he might be asked whether, as- suming the facts detailed to be true, then on that hypothetically, whether he considered him sane or ‘under was a high insane? A.—I should consider him morally insane—not supposing him demented. y Mr. Glarsell—He may have known right and wropg on every other subject but this. By Goy. Foote—It was a sort of morbid illusion he was laboring under. By Mr. Glassell—The insanity he was laboring state of excitement; I believe that he thought he did this act thinking it was an act that a man ooght to do; I at he knew that he was sing 9 an unlawful act, though he con- idered it an act he ought to have committed; I be- lieve he thought he was bectoeming at the time a moral right, though not a legal right; I believe so, because he took measures to put himself out of the reach of the law; I believe if he had been put in irons before the act, he would have gone on till he Became completely crazy; I would not call it mono- mania, nor general madness, but a sort of moral in- sanity; bis affections being fixed on the girl, and having become jealous, he was led on from step to step to the commission of this double crime; I rel: upon my previous knowledge of the family, their intensity, &c., and the testimony I heard this morn- ing, for the opinion I have formed; the jealousy was the immediate cause. Mr. Goddard—I can corroborate the testimony of Dr. Coit relative to the insanity of the family. I can state another case that was not known to Dr. Coit—a young lady of eighteen, who, while her father was absent, went out and drowned herself without an; Spparenis cause. The insanity contin- ued in the family for three generations, The defence here closed the case. REBUTTAL. Dr. Swales was called by the prosecution, and tes- tified that on the 9th, two or three passengers were sitting near the Purser’s office; it was hot, and we went down to buy some hats, and I said, ‘we can get them painted;” we went down to the painter with them— Gov. Foote objected that this was not rebutting testimony. The Court allowed the witness to proceed, provid- ed he confined himself to the relation of facts tend- ing to show that he was sane previous to the com- mission of the act. Witnese—We left the huts and went to get a glass of ale, and the first thing I saw was the glass fall- \ ing out of the hands of a gentleman named Conck- | lin, who had gone with me, and the prisoner havin, hold of him by the hair of the head and in the act of striking him; I pulled him away and said, ‘I'll al- low no fighting here:”’ he then said, “ you must take that back,” and Concklin said, “ if I said anythin, about your sister I take it back;” from that time observed him; sometime afterwards he came up with the hats painted, and said, “ you should have al- lowed me to whip that fellow;” I observed the girl, that she was somewhat light and airy; the eset 4 that the murder took place Itook a glass of ale wit! him, and advised him to let the matter drop; I think that it was nothing more than excitement and jea- lousy on the part of Avery; I think he must have known right from wrong; assuming the testimony to be true, 1 think his act was the result of jealousy; I do not think there was any fixed derangement. Col. Baker—I know sufficient about insanity for medical pur; 3; [read Mr. Briggs’ works, (of the Insane Asylum at rt I think this was moral insanity or frenzy; 1 believe that a man worked up by jealousy to frenzy is insane, and does not know right from wrong. Question by Mr. Gop be what you mean by moral insanity. [Objected to and ruled out.] A. It has connection with the heart and the af- fections. From the peculiar temperament of the accused, I think these causes would be sufficient to produce insanity. Moral insanity acts on the brain, and is something more than excitement. 4 he does this moral insanity act on the rain A. It would make him for the time insane; it was excessive jealousy combined with ae mesa by Col. Baker—I ask you for a definition sanity ? A. It 4 @ deranged state of the faculties of the mind, which preventsa man from knowing right from wrong. Henry Martin--I have heard the testimony; saw Avery every day since we left New York to the com- mission of the deed; did not know him much; I was fav him Kacekiag Mr. Conklin up_sgainst the slag 2aw ocking Mr. Conklin.up 16 of the ehip; on the day of the cdmmission of the but I refused be- he drank twice and panied more, By agreement, the case was snbmitted without ar- e man was not sane on all | cause his eyes looked wild. ment, and after having bee. char, the Judge, Re jury retired in oberg of the reeaey At seven o’clock, P. M., the came into court, and stated that it was impossible for them to agree, and the counsel for the prosecution and defence con- senting, they were discharged. Eight were for ac- quittal and four for conviction, The case was fixed for a second trial on Wednesday, the 31st instant. The Marysville Fire. . The Marysville Lepress publishes the following of the losses sustained by the fire of the 25th of May:— East side of D street—S. Luis, $1,000; H. Burton , $1,000,; J, C. Greene, David Parks, $1,000; George Minser, $4,500 ; Jas. Sweeny, $5,000 : Hud- son & Co., $3,400; Thos. Biseett & Co., $7,000; Chas. O'Neil, $1,500; Geor htingill & *” on the day of the murder; he looked | Church, | at once to the pooket of the digger, without the ne- PRICE TWO Cunts ore, $4,000;*John Parks | pep $1,500, BR. F | $20.0; Dr. Presson, $1,000; Dr. Mclean, & | @ifarkes B. Stewai W 00 Ayewa | , | Morrie pe +, $1,500; W. , | $1,540; ‘Theatre, $10,000; Mc- | Grath, $420 oll, $5,000 ; Cbas. Corner, $1,506, €Maott, $600; Chas. Lindley, $2,000; M. | Gray, 92,0009 Court House, $6,000;° Presb) terian 34,000: S. Phillips, $600; E. Slossen, $1,200; B. M. Piewon, 92,500; Joe! Burligame, $3,000, and | H, Sondheim, #00. ‘Third stiet—Xi. Barbee, $1,000; Michael Burns, | 1,600; James Coming, 1,900; Di 1,660; Dr. Teed, 2,90 agim, 1,000; tis. Y 1,000; Dr. Wintor, 14 High street—T. GilW Maiden Jane—Joba Keller, : N. Caulk, Dr. J. B. Warfield’, 600; Dr. R. H. McDaniel, ark Brom- 800. Tote), $167,950. A The —Whiile the ruins on she burn- | all power, ed di emoking, eeveral of our energetic | citizens are engaged inreplaning their lost buildings. the ears of the curioua’ a8 they take a stroll to view the ruins. Inu few short weeks we’ shail expevt to see the entire Larned district rebuilt, and in a rauch more rubstantial manner than before. Such is Cati- fornia enterprise, and ocr citiaens w'H not permit themselves to be behind their neighbors. Austratiow News, (From the Panama Thnes, June 8 We have a file of the Me!»purne Argus ap to the 2th Merch. Peace and plenty reigned throughout the colony. The geld mines were improving, Spevcing tis, the says that ‘ the alteration i ate of exchange on London, by the ban to \L1ee per cend premium, had the the price of gold, v the previous mazket rate 78s. 9d. per ounce, with every pr tinuing fim. This increase of ceesity of any aosay office to convince him that he is entitled to it. The quantity of gold had increased in various paits of the colony. In Ballaarat se much as 1,000 ounces in one weelt, (the week before our file of pa- pers,) also we see 2 like increase in Mount Alexan- der and Bendigo. sonable time, for they will have the effect of ena- bling the diggers to commence washing the accu- mulation of stuff piled up during the long continued drought, so frequent in Melbourne; and it is confi- dently expected to add greatly to the amount of this year. Speculators are sanguine. The produce has shown a gradual increase since the commencement of this yea: Number of persons arrived Number thas have left... Addition this week, (24th March,) 1,429 the year 13,397. The escorts have brought from— Mount Alexander and Bendigo Pallaarat, including Geelong, Amount this week, Amount for the ye Gold shipped in 1854, Frcm Samuel Baddington, to London Total...s.ccscsessrerereressceseees «485,645 or 22 tons 6 cwt. 1 qr. 3 Iba. 9 ozs., at 77s. 6d., mak- ing a sum total of £2,075,236. This shows a splen- did return in the market. Drafts against London 3 per cent discount. The bank advances 60s, per ounce. Freight of gold de- livered at the bullion office, London, at 44d. per ounce. Insurance two and a half guineas per cent, free of war risk. A great excitement had occurred amongst the Melbourne merchants, in consequence of the at- tempted departure of the Peninsular and Oriental Company’s steamer Chusan, leaving the citizens and commercial bodies in Fick perplexity a3 to how they could despatch their correspondence, seeing they were only left twelve hours, The bark frene, bound to Callao, had put into cee for repairs; her pumps were choked with her cend ballast. LABOR MARKET. @ The demand for skilled labor is still in excess of the cupply, 2nd masons, carpenters, bricklayers, and plasterers readily obtain employment at the rates quoted below. Agricultural and road laborers are also sought after, and respectable female servants are much wanted. Rates of wages are as follows: With rations— General farm servants, £70 to £80 per annum; bullock drivers for the roads, £3 to £3 10s. per week; bullock drivers on farms, £2 10s. to £3 per week; cooks, (male), £2 to £5 per week; Waiters, 30s. to 40s. per week; shepherds, £40 to £50 per annum; hutkecpers, £35 per annum; gar- deners, £70 to £100 per annum ; Lg hegesy 10s. per ton ; wood splitters and fencers, 15s. per day; fe- male thorough servants, £30 to £40 per annum ; laundresses, do. do.; housemaids, £25 to £30 per an- num; nureemaids, £20 to £25 per anuum ; couks, £40 to £50 per annum; married couples, £90 to £100 per annum. Without rations :—Compositors, 2s. 6d. per thou- sand ; do., £7 7s. per week ; carpenters, 20s. to 25s. per day ; masons, 30s. to 35s. per day ; blacksmiths and horseshoers, 20s. to 25s. per day; laborers on the roads, with tent, wood, water, and tools, 12s. to to 15s. per day ; reapers, 25s. per acre. In cases where rations are supplied, they consist of 10 Ibe. flour, 10 lbs. meat, 2 Ibs. sugar, 4 lb. tea, weekly, each person. RATES OF CARRIAGE TO THE DIGGINGS. The recent boisterous weather has had the effect of raising the rates of cartage to the various dig- gings, which may be quoted as below, for the present. Fair weather will probably lower these prices once again before they permanently rise for the winter quarter. Bendigo,, 35s. per cwt. for mer- chandise ; 45s. do., luggage. Forest C: 30s. do. do.; 30s.do. Tarrengower, 35s. do. do.; 45s. do. do. Balaarat, 30s. do. do.; 403. do. do. Ovens, (no quo- tation,) for large quantities lower rates are asked, and by bullock teams, about one-third leas is de- manded, where quick delivery is not an object. Gur Panama Correspondence. Panama, June 4, 1854. Details of the Conspiracies on Board the Ships Vir- ginia and Emily Taylor—Effects of a Norther— Freights—The Copiapo Mines and Panama Rail- road—Progress of the Peruvian War—Yellow Fever on the Coast—The American Consulate at Callao—Payta and Guayaquil Travel—A Hint to Steamboat Owners. Since the last mail many things of interest have occurred on the coast of South America, and as I am passenger for the United States by this steamer, I think I will dot them down for your information, as I found them along the coast, giving you the infor* mation as I receive it from the best authorities I can get. To commence, then:— On the 10th of last month the crew of the ship Virginia, bound to tha, United States, via Rio Janeiro, scuttled her off Chile, and then ran her on shire at that place. Her owner, Mr. Sartori, (of Valparaiso,) proceeded then at once by the steamer, and sent all the crew up to Valparaiso in irons. The captain, since he has been in jail, acknowledged that he and the mate caused the holes to be bored in her, as they felt afraid to go round Cape Horn in her. Iam glad to say he is not an American, but an Englishman, who has been on this coast for many years, and has, I fear, learned the bad habits of the people. gn the day after the sailing of the mail, ’. P. Miller, | tiona of its projector, and a d to-morrow; | was sitting in the mizzen rigging; she | The sound of the saw and the hammer is greeting | lose of but one life on the coast, and that a native, in Valparaiso. There are no veseels in port for freight, and the bark Maria, of Baltimore, has been chartered at £6 for Calcutta, with copper; the Liri, of Boston, $26 for flour to Australia, £5 10s. to £6 could be got for the United States or England, and will continue so for come time, if not for the whole year, as ship- perk, under the present appearances of war, prefer American bottoms to others, The mines of Copiepo are ylelding immensely in silver and copper ores, aud as the railroad opens stil) more, in the interior, new mines are worke4, and y & Tweed, | the road cannot do the work there is for it to do. The filty-two miles finished 1 urpass the expecta- ‘end has veclared of sixteen per cent for the lust six months, and from present appearances it will pay much more the coming year. The civil wer fm Pera atil! nite on either s At the South Echenique has lost @ Castilla is in the ascendant; but, quien he will be. At Arica ull business ie aes ndeo. ‘The engineers of the Arica and Boena Railroad are making the surveys, ready to go to | Work a8 s000 as the Country is dt peace. The ma- terials are on the epot for a prosecution of the work, and with t b talented engi- neeia the company © engaged from the United ca it will probably be soon completed. fist war is atopping all busivess, the yellow goevon. Nothing defi- sabe, how tor fever ravaging, in a fearful degree, the entire nViad Const. the only port of entry im Rolivia, bas just be ned, and the Susan Fita- as hourly expected, with a full e interior. Her owners will endid thing of it. At Iquique and Isley, is‘suspended—thé Peruvian ships of g the shore, »ple on shore bips—noither party daring to touol Young Domiago Elias has gone to Casco me SOP soldiers, who had leit the government and gone over to the insurgents at Callao, and urrounded by the boats of the ships of war all night, and nearfy all day, not allowing any one to land-—fearing Ehias might lend in disguise; but the: finally concluded be wes noéon beard, and ket hands take a rua on shore. On our arrival, we heard of the dreadful shipwreck on the 18th, at Carma, of the Peruvian transport Mercedes, fornter!, he Governor Davio, of Boston, with the loss of 7! with | soldiers—only eighty being saved. She was in tow of one of the steamers when it occurred, and was @ Heavy rains Had fallen, and cams ina very sea- | piece of gross carelessness on the part of the steam- er, On account of the brave character of the ‘cap- tain of the unfortunate ship, who perished with ber, they have changed the name of the Amazonia steam- frigate, and she will hereafter be called the Noel, in respect for his worth. At Lima ervey. thing re- maing quiet, although demonstration in favor ef Elias is expected every hour. The new Consul at Callao, Mr. Miles, is very muck esteemed, and is the best man they have ever had there in that capacity.. The situation, which was formerly worth about $1,000, is now worth $20,000 perannum. Seamen's wages are $45 per month, two months advance, and $10 head money for shipping. This takes off some of the profits on freights, which are now $26 for the United States and land. The St. Mary sailed on the 25th for the south coast, all well except her surgeon, who is passenger with us for the United States. Some ey Americans came with us to Huanchacho, where they embarked on their way to the Amazon, and some three hun- dred men are left in Callao.and Lima for the same destination. We met the down steamer yesterday, und obtained the Heraup to May 5th, a 1g 08 accounts of the news from Europe. This was the only paper on board of which we received full files. Our English passengers were much arity to cee the news from Europe; and it was singular that on board an English steamer there were no other papers but the HeRaLp. We at Payta Dr. Oakford, our Consul at Tun- bez, who as yet is unsucceasful in his claim agains the Peruvian government. It is perfectly shameful the manner in which Americans are treated on this coast. Neither our ministers nor ships of war have authority to protect them, and the government at home séem to us to care only for office and the Aig and leave the people to take care of them- selves. At Guayquil we found all quiet, and the people, as usuah, Rare lazy and all business at a stand atill ; in fact, this pert, every time I see it, appears to be osing its trade more and more. The rest of our voyage to Panama was without incident, and we now are only waiting the arrival of the American steamer to proceed. We have over fifty passengers from the south coast for the United States and Europe, more than any boat has ever brought up before; all go via ew York; although the English boat sails im-ne- diately, but they all prefer the route via the United States, for shortness of time and saving of expense, One word in conclusion—the boats of this line are now managed in a most shameful manner—the agents do not seem to care in the least for the com- fort of their passengers, and aya increased the passage money from $150 to $206 from Valparaiso, and lessened the speed of the boats, to make more money. There is universal complaint—all the peo- ple of the coast, foreigners and natives, including alt the heavy English houses, are anxious for an Ameri- can line; the English houses all say they will take stock in any American line that will be formed, and’ 1 om astonished our shrewd Yankees or Vanderbilt do not a on.a boat to try it; for this boat, upon our arrival at Panama will have been absent six weeks, and her gross receipts for freight and pas- sengers was $67,000—say sixty-seven thousand dol- lars—and her whole expenses $15,000, leaving a clear profit of $52,000 for a small screw steamer of 700 tons and 120 horse power. The larger paddle wheel boats run at more expense, but even to them the profit would have been $40,000. I know not at what expense our boats run, but it seems to me we can compete with and drive off the line the English boats. Why cannot you do something for us, and use your influence to get up an opposition, and at the same time put a word in Uncle Sam’s ears about the rascally manner in which our ae arrange- ments are conducted for this route TRUNION. News f1om the South Pnelfic. [From the Panama Times, June 8.] On Sunday night last, at about 11 o’clock, the Pacific Steam Navigation Company’s new screw steamer Valdivia, Captain Crout, arrived in our bay, bringing the mails, $300,000 in treasure, and one hundred passengers. CHILE. Our accounts reach to the 13th May. Commercial, agricultural and mineral resources were rapidly de- yelwns. themselves. Peace, order and amity are be Ly Groot ‘The a er ~~ fbn dign a l. fl Norte, the simoom of paraiso, ing with fearful violence, destroying vessels on properties, as also lives. In our news of last month we noticed and made mention of the many catas- trophes which had occurred on account of the set- ting in of the rainy season. What with that and the storm of the 6th ult., the loss and damage are com~ puted at $200,000. The Mercurio gives the following list of vessela lost in the late storm:— VESSELS SUNK. Chilian.—Bark Esperanza, loaded with flour; brig Ana, with coal; hulk Guaymas, with guano. VESSELS STRANDED. Chilian—Ship Catharina, assorted cargo, for Mexico; bark Fortuna, Chile, lumber; brig Express, a little iron and coal; brig Longomilla, Chile, lumber; Bella Maria Theresa, ballast; brig Hurricane ballast; schooner Maria Josefa, ballast; sloop Col chogua, ballast. ttn DISMASTED OR OTHERWISE IN: ' Chilian—Ship Jesus Ramos; brig Bella Marga- 5 rita, lost foremast and bowsprit; British—Ship New Orleans, stern counter be ‘cows, and cutwater started; bark Charles Na~ . ier, cathead an gear carried away, ang , Sort ee injured - Jhelm, borer = ; ‘ater, ear » ane . ri ‘bark Baltane, stern, cou , ried away; and whee: the ship Emily Taylor, of New Bedford, returned Ty eeay, and bende and 6 ‘chafed with nine holes bored inher bow. The mate of the Ft pt is, foremeest, Wethieent { Sorrp od ship. bas, in this instance, acknowledged that he | cutwater carried away; brig Romulus, : did it, and with her crew, who assisted him, is in | quarters badly chafed. H irons, to be sent to the United States for trial. Hamburg brig Johana Cresar. “ Of the 5th and 6th of this month, (May,) a dread- Two water launches, eighteen lighters, anda great. 4 ful norther occurred in Valparaiso and parts | number of boats broken upon the rocks, y of the coast. At Ss tage the Corsair, of Boston, was totally wrecked, with 3,000 qtls. copper on board. In Valparaiso ships sunk at their anchors, and eight vessels went on shore, all of which were lost but one. Some fifteen or sixteen English and other vessels were Lesa a ge in being stove, dismasted, &c., so that it will require some thousands of dollars repairs on each of them. There were but three American ships in the bay at the time, all of which rode out the gale in safety. The fine ship Susan Fitzgerald, of Balti- more, excited considerable remark at the beautiful appearance she made. She rose and fell on the im- mense waves, as they rolled in, in beautiful style, and was as easy and graceful in her native element as a fashionable lady in the ball room. Many daring acts of personal bravery were performed daring the storm in rescuing life. Among those who deserve honorable mention are the two Messrs. Claman, of Bro., $1,000; Dr. Czapkay, D. Wheeler, £300; Keyser & Heardat, $1,000; C.'N. Gray, $4,500, and Post Office not estimated, | Murray, $15,000; 0. West side of D street—R. J | Redfield, $2,500; N. Delba Joba McKin- New York, in the house of Alsop & Co., who ex- pored their lives many times in saving those of others. Foitunately, we baye heard thus farof th AT PAPUDO—STRANDED. American ship Corsair, 2,000 quintals of copper. and @ quantity of ores. i AT ZAPALLAR, pe bark Fae. The of tha : IGRTS AND CHARTERS. — ny fortnight has been ban yc ‘dood fant Clase * vessels for ore to the U: States and d ares scarce and wanted. Within the past days nearly two thousand tons of shipping have arrived, in ballast from Melbourne. British brig Maid of the Mill has been chartered for Glasgow, with cargo of guano, at £4 5s. Flour was selling for $775 to $8. Delivered ag ‘Talenhuano, $750. PouiticaL MovemENTs—By this time we sur- mize that Don Manuel Carvallo has taken tha budget of home and foreign affairs. We know Don Manuel a and haye no doubt that witl: such an energetic and able Minister, Chile will resper. ‘5 Godoi, editor of the Merenrio, stil contignes ig