The New York Herald Newspaper, November 9, 1854, Page 3

| | by (i F E y 3 ay eg HI i E ef Z 28 i FE Fi H i 4 fi cd : HG BE5 i I ? i : 4 ey i i : 8 FAs Rows T sbell hold on te sen! , gery, doctrines till my hold is broken by great change which sooner or later comes Interesting from Mexico. OUR VERA CRUZ CORRESPONDENCE. * ‘Vura Onvz, Oct. 23, 1854. Sinisterial Crisis— Trigueros—Hopes of a Lo Torif—H. S. H. Preparing to Slope—The Steamer Santa Anna—The Monroe Doctrine— Gondition of Mexico—Shipping Intelligence. g of hybrids reminds me that there is tuch talk of a change in the ministry, and that our ‘iend Trigueros may have a firger in the pie—which till be @ fine thing for the American interest. It ppears that H. 8. H. is at length beginning to open ia eyes to the true character of Mr. Bonilla, the remier. The merchants of this place are very such encouraged, and one cannot go into a knot of bem without hearivg the words, “low tariff,” ‘raising the prohibitions,” “no monopolies,” &=. Vain hopes! As though any really wise, judisious ond Iiberal measures are to be expected from a go- vernment that has Dom Antonio Lepez de Santa ‘Anna at the head of it. It is indeed pitiable to see hew people humbug themselves in thjs world, Now ‘the truth of the rumors of a liberal policy is simply ‘that H. 8. H. has at length been made aware of his Teal position, and sees too late that the hand- writing is en the wall—too late for the ac- complishment of his long cherished ene man power objects, or even for him to remain at the head of affairs much longer, under any circum- stances, Escape unmolested,with his plunder, is all be wants, provided he can claim to retire volun- tarily, “if eu h be the desire of the country.” He has therefore been intriguing with the exiled libe- als, and he seeks to make some sort of an arrange- ment with their friends in the capital, by which he can slepe and save his bacon. If he attempts to escape without some such security, he knows that if detected, an outraged people, whom he has plucked ofall their quills, and whose dearest rights he has trampled upon, will crucify him remorselessly. A timely negotiation may save him, and his departure may be acquieeced in, just to prevent any unneces- sary bloodshed and disturbance. The fine little man-of-war steamer Santa Anta has arrived, and is transferred to the Mexican govern- ment. From the eagerness manifested by the an- thorities here to hoist the Mexican colors on her, some knowing persons have been disposed to think ‘that she is to be sent to one of the unfrequented lit- tle ports up the coast, there to reeeive-on board the ilestrious individual after whom she is named, and pols of nation, and the profia of tae'$77006 000" a ? p to a place of safet; is r course of this man has been of such an alarm- dng character for the last few months, and fraught sueh danger to human freedom in America, that 1 one could not but think it was high time fer United States government to interfere avd vindicate the Monroe doctrine. Surely the ‘United States could not and would not look with indifference to the re-establishment of a monarchi- cal despotiem im Mexico, her nearest neighbor, after a generation had passed away since her (at Jeast nominal) emancipation from a foreign yoke. Bot the masterly ivity of the government at ‘Washington has proved a to the emergency. Old ae has dou! id, “ Never mind—let’s held our horses a while longer ; just give old Sauty rope enough and ke’ll soon bang himeelf, and thus trouble.” Now, t this prediction wiil speedily be verified cannot admit ef a doubt. We, who are old residents of Mexico, understand an Sea Bibel tral etn ivares once, an other great thin; to ye ee bd e deep s\m) 10- vernment of the United States are with toe liberals ef this country in their efforts to restore the federal stem, and get rid of a ie gga who goveras but to and rob, eannot q a uestioned. How to express that sympathy, and ERP rostion, ou fru of government ofthe Uaiad lon. form ‘nl States precludes any ive armed interference; bat capnot its representative at the capital be in- structed to do that which Soulé has the. credit of having done at Madrid? And. cannot s> favorable & woment ss the present be scized, in which to make terms with the ‘8 for the securing of a com- mereis! treaty, which will be worth oountless mil- Kons to American trade? Here we have a one man et sr Leesget blackebt perfidy - a confiding , seeks upon them entire Eooniak-Aieerican world those very abomi- aations which it is our m’‘ssion to combat, everthrow, and crush beneath our heel. Here we have the reunion of spiritual and tem- poral infaliibility, backed ie the sword (aod shirt) of Mahomet, maint absolutism over subdued ard humbled people. Here we have the epen and public svowal that this course ia receseary to preserve Mexico ip her sa red secla- sion from the aggressions acd progress of outside Nortbern barbarians! That this combination should Fisats av sulagenisto to Anglo Seana, reeeressinn 80 antagop: Dg) Progression, to disturb the Americas by the re-introduction of absolutism as opposed to fiberaliam, and to bring me im conflict, on our shores, those incongraous nts of government which have for centarise sboken, and still continue to shake Europe to ita conte, is 9 case that surely would justify the prompt and vigorous of the United States govern ment. It is @ sacred obligation which she ov-8 to her institutions and to the enlighteument of sn age which advances, and cannot admit of re‘ro- essiop. Ifthere ever was an occasion to show the world 3 illustration of the Morrce menifesto, te condition of Mexio now presents it, an’ ifthe old folks (I bad vearly said old fogies) at home don’t make haste. tie chance will escape us. Now. the Greytowa affir was very well in ite ie 4 but was rather a small potato piece of business. [t was s very good \tason to Jovn Ball on the pretended. Mosquito p otectorste, but it did Bot cover the bigher obligations under tue Ameri- -can system, of whi b the United Stat-¢ should be tee ex onents avd deferders from Cape Horn to Stmnes’ Hole. But [ can a!most forgive oli Santy, afterall. His arrogance wi'l werk out the regeas ration so eadiy neeced, and perhaps the soft s :eil policy will prevail, cimply be ‘ause noth ng harder may. be necessary. % General Paez is in the capital. Eaglish brig “/Nevidade”, from Liverpool to this port, with « valuable corgo, vas iovt off the coast of Yuvatac ately. No Americon vessclin port. Bavness.dali Merchanta ae all waiting for the Messiah of com merce. Health of the place ALMOST AN AccIDENT ON THE Erie Raitmoan.— ‘The Cleveland Leader is informed by a passenger who left New York on the 20th ult., by the New York anil Erie road, of an accident upon that road whick might easily have been the most awful ever recorded. The ‘train started from New York at four o'clock, and when about:half a mile from a high bridge between Allendale and Sufferns, in New Jersey, the engineer was hailed by some two or three men, who stood upon the track, all sorts of unintelligible pantomimic actions. He no heed, supposing them to be some intoxicutod pe who frequently annoy him in like maoner, When near- ing the bridge, he discovered that all did not appear right, and immediately reversed the emgine, and prs on the brakes, and suceecded in stopping the train fust os the fore wheels of thedocomotive ran ea to the broke ‘The bridge gave way under the locomotive ant fell about three feet, ‘and caught pon some timbers, which mus. tained the weight until the locomotive wad lifted and backed off. One minute more and the whale train must have been precipitated a distance of some #kty feet into arocky ravine. About two hundred passengers were on the train, ‘The bridge was being repaived, and wax ted by temporary rhica could nes possibly ave borne up under th Pree The engineer and fivem at the moment the wheels struck the bride and with a few alight bruises from the fall, No notle Been given the stations on either side of that it was undergoing revairs; and It for - (ye a. ian ix! Jmmped from the Jocomoti te decision of the enginery, we siiould « ve recorded a repetition of the ir, on the Great Western Ra'iroa? ul occurregce BY Franon byt rigs tho cliganey, an 8.6. Th The Meg hod ity, Comm, wae Sav day , ihe ite there was an insuyapee fy A100), IMPORTANT SLAVE CASE. Charge Against Captain James Smith, of the Brig Julia Moulton, fer Alleged Slave ‘Traffic UMTED STATES CIRCUIT COURT. Hon. Judges Nelson and Betts presiding Nov. 8.—The United States against James Smith.— James Will re-examined by Mr. McKeon, District Attor- ney. Q. Take these charts and show us the course which the vessel took after she left New York on her way to the coast of Africa? Witness marked the course on the charts, and stated that she crossed the line between 4 and 5lat., going to the southward of the Cape de Verd Islands. Q. Where did they take you to on the coast of Africa? A. South of the river Congo; Ambresetta is marked on the map; the second point where we took in the negroes is a little further south; we lay about a mile or a mile and a half out in the open sea; on our way to Cuba we steered westerly across the line at longitude 25. Q. Point out the course you took when making Cuba? A. When making Cuba we went between the islands Martinique and Dominique, and passed San Domingo and Jamaica; we entered to the Cuban shore between two keys, Zirzos de Fuara and Marcias de Fuara. Q. Is Trinidad de Cuba marked on that map? A. Yes; the Port Caselva is represented on it; Cuio Blanko and Cuio Zarso; Cuio Zarso and Port Caselva are the same things. [Witness marks on the map the place where the vessel was burned, and also where the negroes were landed. } [Paver produced.) ir. McKeon—These are the reckonings of thi marked No. 4, J Mr. O'Conor—They aré not the reckonings of any ship; they are a bundle of figures. itness—The figures are in Capt. Smith’s handwriting. Q. What is it? Mr. O’Conor—I object to that. The difficulty is that thi witness will give us his opinion, when we happen to know all about it. Ee ‘Another paper produced, and marked No, 5.) itness—One part of t! is in the handwriting of Capt. Smith; the other in the handwriting of Don C no; the upper part of it isin Smith’s hand; I got it in Cuba from a messenger. Q, While these n were coming on board, did_you see any of them paid for, or not? A. I did; I saw Capt. Smith, the defendant, buy a oy about five years ol; he paid seven dollars and a half or eight dollars for him. Q. I want to ask you how the hold of tho vessel was closed up? ‘The Court—We won’t go into that. Witness—The Mr. Blanchet whom I have seen in court in not the Blanchet I have spoken of in my testimony; the Mr. Smith I spoke of as coming with me and Capt. Smith to the Custom House, I see now in court. Crost-examined by Mr. O'Conor—Q. Did you, say you saw Capt. Smith buy a colored boy in Cuba? A. No, sir, on the coast of Africa. Where? A. At a place called Ambresetta, on @ board the ship. A. From a-colored man, who repre- sented himself to be his (the boy’s) father; I saw Capt. Smith for him. Q. Did he buy any other colored person? A. Not to my knowledge. Q. You say that that paper (the letter of instructions No. 1) was read to you by Captain Smith? A. Yes, sir; that was at sea. Q. Where were you at that time? A. I could not say; it was on the passage out; I can’t say how near it was to the coast of Africa. Q. What language did you and Smith usually converse in? A. The English language. Q. What is your native ag Seed A. Dutch Hollands; I speak the Dutch, English, German and a little French; Iknow a little Portuguese at this time; at that time I did not know much Portuguese. Q. How do you know that the letter you found in the chronometer is the same he read to you? A. By the contents; it was at the Island of Cuba I took it out of the chronometer; I put it in ea pocket until I had a chance of putting it in my trunk; I put it there om board the brig Marseillois, on the way from Trinidad de Cuba. . After you got possession of it did you meet Captain Smith in Cuba? A. No, sir. Q. Where did you next see him? A. In Mr. Valen- tine’s office, (South street) New York. Q. Did bebe tell him you had the letter? A. He knew it before I told him, Q. Did he ask you for it? A. No, sir. Q. How do you know he knew you had it? A. I don’t know; I had shown it to some of the crew. Q. You can’t recollect anything he said to you about it? A. He said he knew I had it. Q. Was anything said by you about it? A. I told him if he paid me what was due to me, I would return the letter; otherwise I would not return it. Q. Did you tell him what you'd do with it? A. No, sir. Q. Did you not threaten if he did not pay you, you would give it to the authorities? A. No, sir. Q What did you do with it? A. I gave it to egg is tea Horton a few days after the conversation with Smith. Q. Ifhe had paid you the money, would you have given him up the letter? oT Yes, sir.” z bi Q. Ihe had paid you, would you have given it to the Deputy Marshal? A. I was in custody when I gave it up; I had been up to Phillip Frank’s house, and said 1 would have a warrant taken out against Captain Smith for my wager. Q. Do you know who gave the information to the au- thorities? A. Mr. Donohue, a lawyer; it was I told Mr. Donohue. Q. How much money did you want from Capt. Smith? A. Four hundred and forty dollars. Q. You have said something about Senor Lemos, whom you saw on the dock: did you ever see him before or since? A. I saw him before; 1 never saw him since; I saw him before walking in South street; le was pointed out to me by Mr. Blanchet, a week or a fortnight before I saw him on the dock. Q. Did you know where he belonged? A. I believe Smith tol me he lived in Broome street, at Madame Mondon’s boarding house. Q. Whe m found that letter of instructions, you were not able to read it? A. No, sir; no one read it to me, tomy knowledge, since Cap in Smith read it. Q. How do you know that it is the same? A. Ican read the latitude and longitude, and the instructions; that’s al Q. What languages does Captain Smith speak? A. I believe he speaks German; I have heard him; I know English and German; Captain Smith ased to speak Eng- lish, German, and sometimes Portuguese, on board the vessel. Q. What is his native tongue? A. He told me he was a native of Hanover; the German language is spoken there; I wanted to leave the vessel before we took the slave on board; I had had a dispute with him on the pas- sage out; Thad a controversy with the second mate; I fired a pistol. Q. At whom? A. At random; it was loaded with ball; I was four or five feet from him; I fired it to force obe- dience; it was pointed in that direction, but not so as to kill him; the crew were present. Q. Did you not intend to make believe that you want- ed to hit him? A. I don’t know what they’ believed, but I did not intend to hit him. Q. Did you fire a pistol at any other time on board? A. I did that day, y Captain Smith’s directions. (Question by Mr. McKeon—Did Captain Smith tell you he was naturalized? A. He did. Mr. O'Conor objected. If he was naturalized the re- cord should be produced. ‘The Court said the answer to the question as to Capt. Smith’s nativity should be stricken out, and also the last answer to the District Attorney. Mr. O'Conor said he had not asked the witness the na- tive place of the defendant. He asked his native lan- guage, and the witness answered his native place. Henry Fling, examined by the District Attorney, de- osed—I was nineteen years of age last October; 1 was rn in New London, Connecticut; I now reside in Brook- lyn; I know Captain Smith; I went with Mr. Lucas, the shipping master, to Pool & Pentz’s to sign shipping art: cles for the West Indies; I saw Captain Smith there; Mr. | Lucas told him he had got an ordinary hand for him; | Captain Smith asked me if I could steer, and I seid 1 he asked me if I wanted any ad that I wanted a month’s alvanc a month, Lid Smith tell you where he was going? A. No, did not ask bin; shipped to go to the West In- it was on a Saturday; there were none of the eruw vere; there here but myself and Captain Smith and M did not see Captain Smith again ‘ulia Moulton; sh t the rate of . Lucas; until I saw him on board the brig was lying at pier 46, F. R.; I went on board on Saturd with my things, and then ‘went again on Sunday morn- ing; there were two Portuguese sailors there and the mate, the last witness; the rest of the crew came on board about 10 o’elock; Capt. Smith came on board as the towboat was taking ua. Q. Who else was on board? A, Mr. Will, first of- ficer, Mr, Young, the second, myself, Geo, Cook, ‘Thomas McPermot, John MePonnell, two Portuguese, whose names Ido not know, and Senor Va’ him 4 be & passengar. Q. What stores did you ship? A. Beans, ries, meal, pork, seantlings, three or four small boxes, barrels of pails and barrels of tubs, shaped hke a churn, with icon handles. Q. How much water? A. Seventy-two casks; I don't know how many barrels; I wént ont as cook; I think they went south; when we went out they made an awn- refrom the mainmast te the galley door; they then made grotings for the maim hatch, and a small one for front of liey door; the gratings were made in such a way as to prevent the negrees peg aaa 5 when that was done they commenced laying the slave deck, by putting the scantling on the water casks. Q. What was done with the stores? A. There was a small after cabin, and the bulkhead was knocked down ‘and made «mail: the beans and rice were putin the after cabin; the meal was put in the second mate's roam, in barrels. Q. Where did you first make land? A. At Cabaza de Copr ptain Smith, the prisoner, was in command of the going out; we made a signal by hoisting a el white flag with a blue cross; we launched the ship's beat to put the axpercargo o1 vessel which we put out to hour; shore; the captain saw a ook to be an English man-of-war, and the vessel chased us for about-an after this the captain made another signal, was answered, and a boat came of tr the shore with five or six negroca and two Portu- when the boat came alongside they gave Captain Smith some letters, and Senor Vallala went ashore in the boat with the two Vor’ just as the boat left forthe shore Capt. Su the main hatch, and told the men that those who did not want to f° the voyage howe were to let his know, and = would pay them off and Jet them go ashore the day © negroes came aboard; he told them that he was to stand out to sea for ten days, and then put in for the cargo; we rtood out to seater about ten days, and then uit into a lace called Ambtesetta; at Ambrosetta we oisted gna); the signal was answered, ami Senor Vallala came off from the shore in @ boat; we went in to within about a mile or a mile ands half of the shore, ond made anchor; the came on board in large sized Lighters and canoes; this was abont eight olciock in the morning; Capt, Smith stood at ouw side of the vessel, and Mr. Will on the other; the negroes counted a@ they came on board; there wer "Gsor 665; there wore forty women, the rest were men and boys; nee, and I said | Lunderstood | , and the wens pansed blow, Cpl Sails pide" aw; be pd me Q. Did you see any one poten ane necro! A Yer, sir; Il saw Capt. Smith buy a small boy who came im the boat with Mr. Vallala; he gave seven dol- las ; Capt. Smith said it was from him. Q. How were those placed? A. in the day time we had them nitting on each other’s legs; at night time they lay down as close as they could gets the rice and beans were te the negroes; there were medicine chests on Santa Spirito; we ma ok aie took charge of the veesel until a boat with a pilot, Came off ‘again ‘with the fight pilot; when he came aboard beating for one of the keys, and made anchor; next day about 12 0’clock a lighter came along- side, and stopped there until a second lighter came, and the man on showed’ Capt. Smith some letters whigh he had; we commenced to put the negroes in the second ligiter, and the man who came on the first lighter went into the second; a third lighter came out, and Capt. Smith went on board; she came to an anchor, and then the negroes were taken from the second and put into the third lighter; they remained on board all night; next morning we came to the mouth of a small creek, and the negroes and the crew went ashore; we trayelled about a mile from where we landed; Capt. Smith left us, and was gone about one hour, when a couple of men, dressed as soldiers, came up; Capt. Smith came back and ordered us to walk on; we met Don Cuitanni; about a mile farther we cooked some meat for the negroes; we left to go to the ranch (farm house) of Don Cesar, and stopped there that night; while there a man came, and was making out Q. What became of the Julia Mo: our ports, ton? ‘A. She was burned, sir; she was run into shallow water and burned; we saw her ‘burning that night; Captain Smith was in command of her coming back; I did not see any chronometer on board; I saw one the first day we came on shore; we were sixty-five or sixty-six days out; we reached Cuba some time in June; we arrive: in New York in July; saw the negroes last in Cuba, before we got to the ranch of Don Cwsar; we came home from Cuba by the brig Marseilles; all the Ameri- can crew came with me; we saw a place called Trinidad; Port de Selva and Trinidad are all one; the Captain has spoken Portuguese to me in giving orders in coming home; I do not know the Captain's writmg; when the Captain said we might be discharged before the slaves were taken on board, the first mate, and myself, and cook wanted to 0; it'was the morning the second mate was fired at, and ie, (the second mate,) asked the Captain to let him go aslore; the captain replied, ‘I can tell you it is worse than Lynch law; you leave a slaver, and you leave. the trade of those people on shore; they may’ not be able to give you anything to eat or drink, and you stand a chance of being starved to death or polsoned; as the mate of the Republic was; yeu can go ashore if you wish, but T advise you to stay;”’ the second mate then came to us, and told’ us we had better stand our hand. Q. When did you first know that the vessel was em- ployed in this business ? A. I did not know it until I saw the negroes come on board. Mr. O’Conor—We have nothing to ask this witness, George Cook, examined by Mr. McKeon, deposed—That he was a sailor, and joined the Julia Moulton on the 2th February, in New York; became acquainted with Capt. Smith “in Pearl street; he came and asked, was there any one there who wanted to go to the Cape of Good Hope; myself and William Robinson, who were there atthe time, said we did; he desired us to go down to Pool & Pente’s and sign the articles; we went down at two o'clock, and signed the articles for the Cape of Good Hope. [Shipping articles, produced.) That is my signature; William Robinson signed them with me; when we signed them Capt. Smith was present; I wen’ on board next morning, in the capasity of steward. The District Attorney intimated that the testimony of this witness was merely cumulative. The court said that until the evidence was impeached there was no necessity to pursue the examination of witnes o the same effect. ‘The District Attorney assented, and said that that would shorten the trial very much. Samuel J. Stinson, a ship broker of Boston, deposed that he was on board the brig Julia Moulton when she Nas being rigged; sold her to a Capt. Smith, but could not identify the prisoner as the person. George W. McClelland, examined by Mr. Joachimson, deposed—I am Deputy Collector of Boston. (Paper pro- duced.) ‘This cath was taken before me. Mr. O’Conor—We will call that the Boston oath. Cross-examined—1 know my signature would not be there unless some one appeared before me: I have no recollection of ever seeing the accused until I saw him in New York. Williom Pool, examined by Mr: Joachimson, deposed— I remember slipping a crew for the brig Julia Moulton; shipped the crew for a Capt. Smith; I know the accused, but have no recellection of his being the same person. Q. Who paid you? A. Babidge and Valentine. Mr. O’Conor objected to that being given in evidence against Capt. Smith. The court said unless the prosecution could prove that Valentine was authorized to make the payment, the tes- ony would not be admissible. Mr. McKeon said that he could not do. fire book of the crew list produced.) Vitnese—This certificate was executed by me. To the Court—The oath was made by a Capt. James | Smith; I am not able to state that the accused is the man; 'I knew him for four years; I have seen him write, and I believe the signature to be his. [The regis- try bond and registry oath produced.} I believe the nig- nature to these to be in the prisoner's handwriting. Cross-exemined by Mr. 0’Conor—I knew Capt. Smith a long time in the way of business; I do not recollect what was the first job I did for Itim: I'do not know who intro- duced me to im; 1 know a Mr, Blanchard; he resides near me since May; I do not remember that it was he who introduced Captain Smith to me: I do not recollect that it was not:1 cannot say that it was only three years ago T knew him first. ‘To Mr. McKcon.—I recollect shipping a crew for Capt. Smith, for the ship Republic, previous to the Julia dioulton, ‘thos. A. Osborne, examined by Mr. Joachimson.—I ain a deputy Collector of this port; the signature to the New York registry oath is mine; the oath was taken by a man purporting to be James Smith. Cros-examined. by Mr. O'Conor.—The body of the jurat is not filled up by me; Ihaye no distinct recollec: tion of the circumstance, and perhaps not any-at all; I am in the habit of signing a great many. To Mr. McKeon.—I never affix my signature until the oath is taken. Sydney P. Ingraham, Registry Clerk, deposed that thie New York registry bond produced was filled up by him, and sworn before Mr. Osborne; it is signed by James | pod: dy Wise. and fli net seo him ag Emith, James Will, and John H. Bogart & Company, per H. C. Smith. Cross-examined,—Of. the transaction I know nothing but that it is in’ my hand writing; 1 cannot identify Capt. Smith. enry C. Smith, examined b; custom house broker for the half; (looks at the bond:) this is signed for Jou A. Bo- art &Co. by me; thi feat (produce) ts in ns andwriting: it I made out either from the bills of la ing, the word of mouth of the master, or the shipper’s clearances; I presume the bond was signed on the day it bears date! it might not have been. This witness was not cross-examined. Luther Horton, exnmined Ry Mr. McKeon, deposed—I am one of the Deputy Marshals of the United States; I arrested the prisoner in Water strect, 272 1 think; I know of his having a trunk; it waa in a Louse in Chain- bers street, where he had. been stopping for a few days: I forget the number; it isa public house, kept by a Frenchm there. Q. Did you tell Mr. McKeon—I am a st fifteen years and a ; Ifound the trun! Smith anything about finding the truok? A. Yes, sir; | Smith wanted some clean clothes; he told me his trunk was there;*I brought it. round to the Marshal’s office; Smith gave me the ‘key; he said he wanted some clean elothes; I sat I key; he said he would give me the key; that was while he was in prison; Tsent hun Agwn soine clean clothes; 1 took some papers out of his trank; (three payers, Nos, 2, 2 aml 4, produced;) thove three papers 1 now produced, tock out of the trunk, and another one; and ma which I puton them, ‘This witness was not cross-examingd, George B. Welhnan deposed that he lives at West Rox bury, and is constways clerk, proves that a bond pro- duced was executed before hi Cross-examined—Recoliects the circumstance, inde- yendent of the papers; recollects Mr. Stinson being with Capt. Smith, but does not recollect the prisoner, William Kelpuer, mariner, deposed that he went on board of a steamer to Moston last winter; does not know ner; never saw him before to-day ja man named h was Pointed out to me on board. purt—I'o you know the prisoner? A. No, sit. Q. Lid you sew hin on board the beat last winter, Won A. No, si you went to boston d ‘Yo bir. Neheon—I neve » my knowledge: 1 street, New Yur. (With emphasis) 8, 8°04 No, ti Q Do you sal them? (A. « Lid you ever sell one to the prisoner? A. fcKcon—You ma Witnese—Ave you to attend tor Kaynion | allanea examined, deposed—He is » druggist veurl street; dces not recoileet putting ap drag: go down, ne with ame, for I have business during the last winter for the brig Julia Moulton; never heard the name oi the vessel befare. Louis W. Tit yelli depese¢—I am a native of Taly: 1 Italian, Freneh, Portuguese, and a little paper: this (produved) ix my translation; it fs literal, with the exception that I have put ‘quays’? instead of “ea pes.”” Mr. Joachimson said they would proceed now to read all those papérs whieh had been produced. Mr. O'Conor poe ed to cross-examine Mr. H. C. Emith « me further before the papers were read, Mr. H. (. Smith being reealled deposed that the busi- ues is done very speedily and very luoscly at the Cus- tom House. Mr. McKeon-—Does this excuse an oath falsely Mr. O'Conor—If Captain Smith was indicted for taking @ false oath Le could be punished for it; but he (Mr. Conor) supposed that he had a rigit to yo into the cire nces under which those papers were signed, ‘Ihe Court thought it was not competent to go tte general usage at the Custom House: Q. by Mr. O'Conor —It ix proved by another witness that the cath was read in your hearing; now do you remember that it was? T ain pretty certain that it was vat, for having heard one read in my life to a wi tem Howse, ‘Tie Court thovght that general testimony not admis- abl Jo the District Attorney—T have no partioular regol- Wetion ef this particeler eéeorence, dy. O'Conor eaid he intended to eall Mr. Ingraham to the rome eileet, bot av ihe Court would not pernwt it, he world only ark him one question, Mr. Ingraham then aie he did not hear the oath read to Capt. Smith, Vigger, Register of the Treasury at Boston, proved his signature to the register of the brig Julia deriva, of Sew York. [A cancelled register of the rome produced.) Witness Goew not know anything about it; they have (ie custody of it in his offce, where the ; umed; he telegraphed for it, your client if he takes vary eubmiitted that this oll register, whatever fH war, had nething to do with this ease, Yr, Ingrahany wae recalled and deposed, that. the ‘0. 1 produced); Ihave translated that | had no | | of the term, ed No. 6;) 1 know them by the mark L. H., | words ‘‘surrendered Feb. 11, ’54’’ are in my hand writ- ing; that endorsement was made in the Custom House of this city, on the surrender of the old register and the taking out of the new one; the old one was sent to the R ster of the Treasury. aS urt said that the new register read, but the old one bad nothing to do with the case. Mr. Joachimeon then proceeded read the registry oath made in Boston, in which the defendant swore ‘hat he was sole owner of the brig Julia Moulton, and that she was not owned by any subject of any foreign prince | ; and that he (#mith) was a citizen of the United States. Counsel then read the registry bond, the temporary registry, the Boston manifest, the list of the eargo, the warter’s cath on clearing outwards, dated Uth Feb. , | 1854, which stated that the manifest contains a just and true account of all the cargo contained, and that he lieved all the foreign duty thereon was duly paid. The other documents produced on trial were read’ including the letter of instructions, of which the following is a translation:-— Instructions to be complied with by Captain Jamés Smith, | on bis arrival at the island of Cuba in the bric Julia Moul- i ton. The sel, after taking at on the coast of Africa, | 80 navigated as to make the southern coastof the island of Cuba, managing to keep out of sight of the coast of | the port of Trinidad, without (if it be poxsible) sighting any | of the capes to the windward of it; amd when in latituds | 2990 north, and long. 79 42 east, Greenwich meridian the will bo between the Cayos (Capes) of Machos and Zaraos, | then she will tay either at anchor oF cruising, according the weather may permit, showing over the prow » flag half white ‘and half rad, the colors being perpendicular. It be expected that in’ said port there will be which may, on sight o ised what it bs, approach anid vessel, and bea pilot, with's le . Don Salvadoi Castro to'whom (that is, the pilot,) you shall surrendor bei and he will bring her where she is to. be discharged, observ: ing all the precautions that may be dirscted. The debarka- tion will be made in const boats, which will go to the vessel i nt bring her, and tl ador, which they ht of it he may d ‘The enptain may di commanding them up to the | Lise Sssumes the responsibility, so that he the orders of Don Salvador dé Castro, not hore, nor be in the | shail romain'in the indicated for his return to expect the agent, will be at | he utmost t the expiration of this time, if there sball continue on her course hich is in sight of Trinidad, ne from the port, and shall ‘approach it-from the | |, where she will bo boarded by some of the pilots ty revide in ¢! ry ‘0, aud on de ger eee in #hintl ask the names of those on ad he # wners 5 alo board, (the bow in Jose Sicrra n he el and will fellow. the instrn then he shail be udvited by her where she is to be dise . lithe agent who may bein the boat be not such Jove he sha, in that case, deliever, to | whomever it amay be. a letter fo Don Salvador, in which shall mention his arrival and the number ‘of pack (fardes,) on board, and, after delivering the Jetter, he will | immediately rail outside to pass the nicht insight of Iand, | taking care to keop clear of the cayos (harbor) of ME | and Zarse, on account of the current of the waters, amd on | thenext day he shall roturn to the point first indicated, | where be shall certainly mect a T with the aigual | | <= d the acont.who is to reevive charge. If; on nin ticht of Trinidad, ho may see any suspicions vessel, immediately sail in the direction of Cayo Blanco, (circumstances permitting,) to communicate with the agents of Trinidad as I have stated, and he shall not there make the | signal indicated, but instead hoist the flag of the vessel, to figunlize that he wants a pilot, and on meeting the pilot's | boat at that of the did Sierra, the vessel shall be immediatly taken where the will be promptly dischay of these persons shall be in the boat, he shall deliver to | whomsever ma: letter for Don Salvador, (as ad- vised,) and shall, withont loss of time, set all sail for Boca Grande, aud when he gets to latitude 21 dexrees 1 minute | north, longitude 19 de reenwich meri- | But if none 8 24 minutes east, | diam, Cayo Grande shall be three miles to the northeast of | Bi ‘and between the two he will see Boca Grande by | which he shall enter, and shall proceed to Cayo Rati lo, | and there he sball anchor to await the arrival of t | for disembarkation. If he should be pu vertol, in seeking to procure s pilot in Cayo Blanco, $0 that Ke cannot give notice of his arrival, ho shal! proceed 1 Ihave stated above to Cayo Kabl-orcadto, and there on an ehoring he shall send in the ship’s boat, ‘the pilot and two sailors to procure the agent Sierra, and from there be will | advice Don Salvador, and will frumediately retura on board with suid agent, so as to carry the vessel to the point which may have been ordere:). | New York, Februnry 12, 1854. | The case for the ; »vsecution here closed. | Mr. O'Conor su’ he would,not make any formal open- ing, but would «: witnesses and then argue the case, ‘a was called, and being examined | 1 of Louis Slessinger as interpreter, | ed by a suspicions — through the mi« depoxed—I sr» uative of Hanover; I am 61 years of age: | Temigrate? ‘this country in July of this year; I know Capt. Jans Smith; he is about 25 years of age, but don’t 11. w positive: I knew his father: I was acquainted with hi: other; as I left the place his father was stil living Lis mother died in April, 1849; I knew them in- timutely, because the mother and I were related; Capt’ | James mith was born fu the same place (Hanover) he was called Julius Smidt; at the time of +his mother’s death he was at the navigation school in Hamburg; I was at his mother’s funeral; the prisoner war there during the funeral, and two days after; in August, 1849, he left as. frst mate of a vessel; that was the last time I saw him at honic; Smith’s father received letters from him; I did not personally re- ceive any from him. Cross.examined by the District Attorucy—T live at my son’s house in 70 University place; he keeps'a grocery; 86 person but myself and son lives there; I have brothers in this city; the mother of | Captain were cousins ; first country last Saturday; an officer was with him; I was Capt. Smith was be Hanover; the rhe isthe second had six children, all boys; there is no Jac among the six; dues not recoltect tie name of the lust por Albert Hinck, examined by Mr. O'Conor, deposed. Enows the preoner; my father and his mother her and sixter; 1 was twenty-two veurs of 26th «f January last; 1 ca 26th of October last Iwas here five ind 1 were brought. up togethe he ix twenty-five or twenty-six; 1 her death took place in April, 1849; I saw prisdner about the time of her death; Twas not at tuneral—l was ten miles off at that time; after inother’s death: 1 understood he was in Hamburg; his b nome was Julius Smict; ) ‘others are Henry, Wil | and Terminer, | site my house; I did not take much notice of it, as it was | } bedy around, sat on the The First Ward Homicide, CONCLUSION OF THY CORONER'S INQUE: BODY OF DAVIP GuURLEY THE POL bIcT OF TRE RY AGAINST HOL UPON THE ‘eMAN—VER* Before Coroner Hilt n. Yesterday the inquest upon the body of David Gourley, ai the First ward policeman, killed in th harge of his uty on Friday night last, was concluded before Coroner Hilton, The hour set down for the commencement of the day’s proceedings was cleven « quence of the sudden illness of the priso on the entrance of his wife into the Coro lock, but in conse. r by fainting The inquest was, by consent of ali parties, concluded without the presence of the prisoner, it being dee:med highly necessary to convey him back to prison in a car- riage. We undesstand that he has now been attacked with erysipelas, and Mes very ill in his cell in the | whin he there, who said be should be taken to the station house, ax he would be as well there as anywhere else yur of us then took bold of Holmes, and carried him to the station house; the next morning I took him to the Tombs; on my way, lasked him what he killed the officer for; he said, What would you do, if you were knocke! down with a club?’ I said the officer dil not hit him with a club, and he eaid, *Idon’t know, but I think as much of my life as any one élse;!’ I here dropped all conversation relative to killing of officer Gourley. [A cross-examination of this witness wai waived by the counsel for the prisoner. Councilman Charles Gannon, beg duly sworn, 4 2 y night last, about half-past twe lwas in Greenwich street; 1 heard that of. urley had been stabbed: by John B, Holmes; I went te Holines’s house, and saw him lyi aw me, he asked for pen, od paper to s will; he scemed>sonsible at the time, bat peared excited; 1 thought be waa not so bad as he i; l went to the station-house, and saw Gourle: ed out Iyis band, and said, won't you shake Tombs. The room was crowded to suffocation by the anxious friends of the prisoner and the deceased, who eargerly listened to every word of the testimony, as if the prisoner had been on his trial in the Court of Oyer The following my was the eonclu- roeond day's proceedings :— being duly «worn, dep: the New } el and satd—He ‘ork Hospital; decensod was ad- | mitted to that hospital on Saturday morwiny, extuemely | prostrated froma wound in the chest; he also had a | wound on the left cheek, and another on the lowor ) of the side; he lingered until 12. o'clock 6th, when he died: a post-mortem that the wound first mention and second ribs of th wounding the lung with blood; this wound was thi others were slight flesh wounds; the external opening of all thesother wounds was 144 inch in length; the wound on the face wi ed with blood, 40 that I’ cannot say precisely ax t ter; the other two had the ap- penrance of hay 1 done by some sharp instrusaent, the wound in the chest could have been produced by a dirk knife; the lang was colapsed so that I could uot say | wept: T should think a dirk knife would was surgeon i of the chest was filled cause of his death; the —Can you form any idea of the size o e huile fiom the extent of the wound? the lung was in such a collapsed state it sim ossible for me to do so, ‘The counsel for the prisoner here asked ff all the Juvers were present? Corone there are but seven present; one of them, Mr, Campbell, who lives in Eleventh street, is. ab- sent, bat if you wish L will send for the absent juror. Counsel for prisener—Well, much as the stutute zequires but six jurors, Lam willing to proceed, n order to fucilitate the business, AILT wish is, that a reeerd be made of the fact of seven jucors only being present, Corener—If you want to take any advantage of the absence of one of the jurors hereafter, why I will ad- journ the case, Counsel for the prisoner—I am willing to go on with the jury now present, and will never take advantage of the absence of this’ juryman, Coroner—l have, nevertheless, decided to issue a war- rant for the arrest of this absent juryman, a3 it might raise some question of law hereafter. ‘The absent juryman, however, at this moment entered the room, and being rebuked for his tardiness, the in- quest proceeded, the medical testimony being read to | the absent juror. P.M. M. Minturn, M. , being duly sworn,deposed and said—I am a physic an; I'reside at 57 Greenwich street; | on Friday night, about’ 12 o'clock, while I was sitting reading in my office, front room, second story, I heard: good deal of noise" and quarrelling in the street, oppo- a common thing in that neighborhood, until I heard the watchmen’s clubs rattling and a woman’s yoice ; Ithen got up and looked out of the window into the street, and eaw two watchmien arresting a man with great | difficulty, as he was tolerably drunk; this was beneath } backs | beose | dressed; 1 } turned around to me, sad | lighan enyhow; the policemen were standin hands with © Mr, Loruered (hem to ar [ter Muli after thet T loft, and went Lim what he had killed the man for; he ‘You are Mr. Gannon,” ‘It was Sheolan’s fault,”? or he then Jay down, and «poke Il said yes; he then sald. something to t ¢ no more to-me. - — : ‘ Hire 0, Feceeg of baie in hear was token, Yo. give the a apport units ag thebs dinner, ry buing present, the Coroner proceeded to swear— Tube Man, whe that he list at No. hity plage; avout twelve o'clock on Friday night I wae standing on the corner of Morris and Greenwich strets, along with Matthew Doolan and Timothy Hol- who hives in sh street, between Morris naan cowe along and asked aux; thév man was quite sober at the time pt tnt 60 Greenwich street for that purpose; i drank a giass of ale; we were about to return when a disturbance took place between some = in Ule inside of t s which prevented our leaving; I Anew some of these persons by sight and others by name; © were three Callaghen, Mr. Lunte, x, holony ai ht but cannot re Wows taking plac ing; they app lon, about ob arredlin, hie hall door, whe If Collis, and t her; 1 was stan home; there w. u his time; I moved off a x Gourley then went uy he men standing at (he door, but 1 could what wes said; a noise followed this in ab: minutes afterwards and I'went upa little cl ‘lis sitting on the stoop railing witha stick or enue in his band; scmething was said, but 1 could ast ander- end what was said; officer Goarley blew his whistle. and officer Sheehan coming up, I thought I was in a muse and retreated to where | first stood; Collis seemed to be intoxicated; officers Gourley and Sheehan then took hold | of Collis and tried to take him to the station house; one of them had him by the neck and the other by the collar; at this time I eaw Holmes and two or three others on the other side of the way e: ming up as the officers were taking Collis away; Holmes and two others crossed over to where the officers were: I then saw Sheehan holdin, up his club with his right hand and holding Collis wit! the other; Helmes, on coming up, caught officer Sdeehan’s club, which was raised, behind him, saying, “IT am a citizen’; the prisoner was then rescued from the officers; after this I heard officer Gourley‘ say to Holmes, “You haye reseued a prisoner from I will make a charge against to-morrow. The man Callighan — then ‘and saying something to han the officer pushed him into the street; ban then said that they would arrest Cal- on the sidewalk at this timo; Holmes then crossed the street you my window; they took him from the opposite side of the | way and took him to the station house, passing under | my window on their way to Reotor strect: several per- rons then ran across the way to No. 63 and then return- ed to No. 5¢, when the officers pursued on; on arriving at No.6 they commypnced thencive again; aboutAve osix persons crossed again after the officers had gone with the prisoner; sharp words took place, but all I could hear were the words, uttered hy some one’ several times— ‘I don’t want to kick up a row in Moloney’s houge;”’ this must have been about twelve o'clock, or a little as I can judge; about ten minutes afte came back running, frum Rector st among the crowd at’No, 66, and in short a scuffle ensued; Ithen saw two policemen emerging from the crowd, following a man who was walking backwards and endeavoring to xvoid being arrested; I heard one of the yelleemen siy—“Yon are the man we wunt;”’ the man | 3 two officers: ; they went | whom they sought to arrest motioned his hands in such | a manner as if to oppose any arrest; they were within a step or two of the curbstone of the sidewalk of No. 55, when I heard the policeman make this exclamation; he still continued to defend himsclf, when he received a blow from one of the ofiicers’ clubs; I heard a noise, as if it was ahard blow, which felled the man across the sidewalk or grating of No, 55; the blow knocked him across to the grating of No. 55 from the curb atone, where he was standing when struck; Leould not say whether the man had held of the peliceran or not, when he was walking backwards across the sircet, but bis arms moving about as if avol narrest; it was too dark for me to ree whether he had held of the po at the tine this aman fell, one of the pol one on his left hane front of hun, #tooped Ladd of him; the policeman had searecly he man on the ground, when down and said, “Tam tabbed; Tima dead inan’’; did not see the dow given, it wattoo dark; the policeman twisted with his heal forward | wre eried out, Tam stabbed! T ama dead man; Oh} how it burie Coroner—¥ 1 the officer stand at this time? A. Abcut tice or four feet to the left of the pri nd as scon ashe saw the first-meutioned oficer stabbed, he gave four raps with his dub; at he got upandian the same time tha’ BY is man had he hada Tam, Towis, Pioitias, Cortay from Haneyer, an thre T arrived in Now’ York w the prisoner here first about | at the corner of kighteenth street | keep a grocery store. nl by Mr. MeKeon—mith lett Hanover a ml Tid not seo him again till 1848; I left ith last at my store, with another man, on Saturday last. Peter Volekmann deposed that he was born in many, in the kingdom of Hanover; arrived here in 18% knew Capt. Smith in the old country, asa boy: he ealled at my liouse here, not particularly to see me, but to seq agirl that was in my houre; it wa the winter of °50 or ’61; Tnever knew or heard of his being in the conntry | defore that. Adjourned to 10 o'clock Thur-cay morning. Previous to the commencement of the foregoing pro- | ceedings, the boys Finn and Vantines convicted of arson | on Goyernor’s Island, were sentenced to three years’ im- | prisonment in the State pfison. | boy, in 1842 Court of General Scsstons, \ Before Hon. Judge Becbe. | Noy. §.—A quorum of grand jurors being present this | morning, His Honor, charged them substautially as fol- | lows — GrETLYMEN OF THR Graxp Juny—. on many previous occasions, the accustomed to mect here as grand j T haye observed | Jooen whom I ain ré are perfeetly familfar with the buciaess of this Court, and, therefore, | eny lengthy remarks from me are unnec’ ry. On taking up the calendar I find that there are only thirty. | four prison cases upon it; this is gratifyin | have l seen so few prison cases at the But this doea not embody all—there are dail cases, and the prison cases will augment be your labors are closed. I observe, with pain. th there has been lately an increase ¢ gencral disposition” to use dangeror A man gets into an affray, a kui instrument in used on the slight with mclanchely frequency tle res every morning we read such ae It tx melancholy that sueh s city Like ours, and anything 7 Em onght to be dene at onc and will do nil in its power, to petty jurors, unwilling te cor kill, bring in, generally, hi the power of theCox T have ofte Une prompt we, for rarely mminencement | N's heat wall held) ao we emi fréw the perye View 1 to the bi ness t n for presented to Teen presionsss by megi-trates, anil will not ire a tery ation, ‘There areger!sin gs on which the Court is you. The first eubject—that of ¢ r ong, and may sequire action on your Tepe latte ncan do it, we are hedg prercrve the y spel: our elections; for int! n ‘ Lainist you to we sueh prot curt will not Taveto @elay in ite bucinese. the in pple, rext the perpetaily have bee come, in meny y-word, anil the whol mach nery is often but another naine for corrup- Hon—starting fiom the primary. very thine when the eanvans is ret experience bas shown that ev are xometimes found in the cam: have been know fit of this or the p ncation, without pausing to tht y that rests upon them—inetead y net, Mindly adopt what ie jerh R, and ae re. evil. for the whole amount of ile, like tis is small, pool of filtis, turns for the bene- t flccting befor he result of cor ainst the law The great evil to be deploi + without roflection—rush bYindly | . ch happens to come up. Lhave | ncé in the people, and em in that it | ght in the en, for evils often bring their own remedies. Thave been Jed to make these romarls more lengthy then I at firstintended; but perhaps at the present ime ‘hey may not be inappropriate, | His Honor concluded his charg@hy briefly alluding to loterles, veury, and public officials receiving fees to | which they had no right—subjects on which he was | to charge the Crand Ju no further business, adjourned for the day the court was then } There has been at Menasha, and is now at Oshkosh, | | float.ng pottery, with @ lathe turned by re contented lodking animals, and do not ¢ occupation. Thats, indeed, making sulecevient to man’. , urposes Wisconsin, bears | found him. Q. What time elapsed from the tis e Prht giay erat: cap on, which Ful sidewath before he caine and s the hou care of the wounded man; it wa and from the aloficers then | No. 53, while others took too dark for me to see the | Sheehan? A. Nothing except talking ; | making any disturbance, to my knowledge. Q. When to his own stoop, along with two or three others, and stoodon his stoop; 1 then went to the station house to see what would be done with Callaghan, walking behind the officers all the way; after that 1 went home, and did not hear anything more about the accused until next morning. Cross-examined—I was ninetecn years of age on the 11th of last February; had not been drinking to excess, having taken nothing but one glans fale. Q. Can yor recollect all that Mr. Holmes said af the timo he eauight hold of the club? A, [ could not, Q. Do you remember him saying, when he said he was a cittsen, ‘Don’t strike that man; I will get him along?” A. No, sir; all Tremember him saying is, ‘Tam acitizen.”” Q. What was Callaghan doing when he was knocked down by he was not the officers arrested Callaghan, did he not say, “Jim, 0 along with them,and Iwill see it’s all right in the morn- ingt A. Yes, sir. Q. Did you not hear Sheehan say “If we had Holmes now we rouks have him locked up until afrer the election?’ A. No. Was Sheehan excited? A. Yes. Q, From what? A. 1 the disturbance, I suppose. Q. At the time Holmes caught hold of officer Sheehan's club, what became of Luntz? A. He disappeared into the house, Q. Was there anything to prevent the officers entering the house alter him, as far as you could see? A. No. Q. Did Mr. Holmes take Luntz into that house? A. I did not see him do it. Q Did you hear Mr. Sheehan or say anything about Mir, Holmes? A. 1 did 1 ot hear Mr. E 8 say to officers Go hechan, ‘If 1 have rescued’a prison know where to find me in the moruiug, either atiny? oflice or at my houset? ALT dik. collect what reply was made hy the officers Q. Lo you remember hearing a re y well, we will fix you forthis?’’ A. Meet hearing anything s Mr. Holl eny that } di teen to a ps luby A, He seemed somewhat excited. vow Mr. £1 nm hekiay up bia club, did me think fy poing tostrite any oncr A. T did not: he appear ed only to be getting ready to strike, if necessary, in clf-defence. Q. Had you any acquaintances with these I used to speak to Mr. Gourley, but «tid not, eehan. Q. To whom did you first commun stub given; there was sed when he . ofiiger Sheehan; About | ofiicer convey a man 2; Tid not see a | the man must | after th , withow knife or dirk in the h have had the knife in draw it so quick ime the of one of the oth. were louking for hd but he told me that they had you t to that when you A. Not more than fifteen so- ‘ ujon the of searching the house and told him t rn into house 3 raw the 1 rubning acvoss the str saw the iceman fall? conds, oes-examined,—. Did you leave your room, or did mn view all ti veourrenees from the front windowr I did not “Ve wy room; T viewed all from the win- a Q. Did you say on your direct examination, that the man was struggling with the officer, or that he was only endeavoring (0 n arrest? A, I meant that he ‘was struggling snd resisting to avoid an arrest. Q le mean to say that b it and mann not by "any he stroyy on arrest? A, any physical contest; ‘it was tov d Q. Did you hear, orenn you recollect, any of the language used by the offi- cers? A. All t heard snid by the officers was, “ You are the men we want.” Q. Do you recollect hearing the wan reyly, “You knew where y wil) flad me in the a not bear’ this man tay s0. Q. gas lamps bu ning in the vicinity? A. Yes, there was a amp burning in front of 3 . Q. Were there nene born’ Ne Tid you see the el es; L did not see the offie wis of ane of the ¢ A. The one th hat the one tha Q You A. T saw 1 Led. Q. Can yor 1 no elu ound on what A. the chest. A. it night ull, Q. Would rive @ mtn you had witnessed any if these proceed- ings? A. To Mr. Petit, and next to Mr. Sheshan. Q. We asked you to come up here? A. Officer Sheehan; he id it would oblige him very much, if I would come up and testify. Q Did you not hear Sheéban say that he aut to have Mr. Hohnes locked up until after tl clect A. I ‘don’t recollect hearing any such reme Q. Where did Mr. Holmes go when Cal. lnghen was taken away? “A. He went to his stoop, and there stood with two or three other persons. Q. Do you know who the persons were? A. Ido no Mary Moloney being duly sworn, deposed and said— ‘That che lived at No. 56 Greenwich stree' fpiday night, about a quarter to twelve o’ nd and family were in bed at this hour; or was closed a little before 11 o'clock, ent out to see if any of the boarders were eutside “oor, so as to call them in; 1 saw no one there ie decensed ca into the Collis: was, to. the bes 7: ; he had not dram ke hin intoxicated; he had promised te {og for the last six months, and hit ight, aud he took a littie Viquorg but was not drunk; could Leer he had, but he was trank in my hou and one glass peppermint that day; a it have crank more than this, and my reason fet, | supposing £0 is because he would ‘not go into the hous when his wife asked hin; when the officers told Coliis te goin, he said he would not go in, that ke would stan he was; upon this officer Gourley sprung forwat and caught Collis by the neckhandkerehiet and tried te. pull him off the stoop; Mr. Holmes then ran over an. d out, ‘For God's suke, don’t strike the man,” he this es Slcehan made a rush towards Mr, Collis with Mis club in bis liand; Collis had wo hat or cap on; het wore # daik cont; Idid not see any «tick in his hand a the tine th p, or at any time daring tha’, lol to the officers, Shoehas/ ett hand by the stock that ht} his neck and rived his club as if to strike ollis into the hoase and brought alter this Tsaw She be got up and you in the morning Cale p ha standing outshle; as ng a dash aftel enecut 1 taw d Teoett ~ ten be the + sn away hy corn Was there out of No, ton th it, not depend 1 ce ineansbbilit rf A pre rection of or not? Might not such a blow be given that Aion, but still would produce t y Ti might, or it might net. Q. Would nof such a blow be the medns T eculd net say @ question. dimes Marshall, 1 Vas a police ofieer of { hen . bewildering a man? it is iopossitle for me to answer such duly sworn, deposed that he First ward, that on last Satur. mening Twas en duty in Greenwich strect, near street, when J heard two or three raps in sue- Tlooked ona saw a crowd running into No. 83 eh street: Tran up, and going inte 3 met oferr Sheehan coming out; he ‘ol we thet Holmes had siebbed Gomley, and seid that Holmes Nad rum ap siniss en going out on the sidewalk I «aw Gourley lying on the sidewalk of N ride; Lasked him what wee the matter, whe leceased said—He has stebbed ine: Tasied him if he was sure Holinos stabbed im, and I tabbed me to the heart)? 1 wort > Helmes’ house, and found him lying ou lis back on the floer of his room: he was insensible al the time, ond seemed stunned: T staid there a fow i finely Dr, Monell came in; 1 thea went to rinity place, Where I saw the de- cer Creeny | eave lying en the floor Lik back: I put out Lend to me and ying,” and—— lying w vin B. Holmes «tabbed will my wile @nd°sfumily 0, and little Willy? I. then *went down house, and ‘man Gat faw Councilman Gannon My. Helmes, whe r other side of the street Leehon enught hin by the beeagt and beat bin with his eltu, and he fel: Sheehan caught Hol Mis deft lend, strock him with hig elu in his right band ; when Holines was cal hy he fi the -iewalk; then went inte tl , sd eaw nothing more of what oeeurred, right of crose-examination was waived by cou 16 prisoner.) mony being here concluded, Coroner Hil arge the jury upon the facts elicited oj He said it was not a matter for them hough ly the duty of ju to Gnd verdicts of justifiable homicide in some cases The matter would be adjudicated hereatter by the co t, he said, of counsel, was to procure from of one of the of manslaughter, «0 prisener could be bailed; but their decision mattere not, for the grand jury find their bill of mui inst tle prisoner, even though they found a vei of wanslaugiiter In one or other of wore, however, to use their own —- ters. All he required of them was to find a verdict accordonce with the law and theevidence pre euted fore them. ‘Ube jury then retired for consultation about 6 o’el andin about fifteen minutes afterwards rendered following VERDICT. We find that the deceased, David Gourley, came toh. death from a stab of a dirk or knife in the hangs John B, Holmes, while in the performance of his duty & public officer. he prisoner remains still committed to the city fon, until the Coroner shall make the neceasary ex: tions required by law in reference to what he has to in reference to tue charge imputed to him, The examination will take place a3 soon as ble, the prisoner being in @ feeble state of health was thirty-five yeare and, He leaves a wito & aoa children entirely destitu Ing now deprived of they only earthly protector, , . It in contemplated to tunnel the Ohio river at 1 othe tnd Sotoroonviies ad. bs weoet Bi aoe the whole to be raised by @ cash payable til the whole amount 4 subscription, no — becribed, Five members of the Canadian th of the United Stat parliament are patiy