The New York Herald Newspaper, December 5, 1855, Page 2

2 te a Sane eens ee A aS cei ee A ee ee Te ones en ee core cee iccbarged from the dictwpent, and then it would be | bar and asked them to takes drink; Baker Poole | yourown way? 4. I told him I would fight bim with The Weather of November. Murder of a New Yorker in Savannah. THE STANWIX HALL TRAGEDY. prover tossamine Me's oMaieatae ines tattle cane snd Campbell in going te the bar; Tawmogil anked all Pith aa ewan» Maree man, than te; 1 do, not YO THE RDHTOR OF THE MERALD. ae rom the Eavennah Republi xa pot prosecul aguinst defend room to drink; I think ener ani | know wl ‘rough Dusing investigation Francis Hytt took “ peor gen ph rere ee Dns Snotber person dreuh with Baber; Baker hat se cverenat T wea in on aiteveelion with Feskn at the ies ala ot beste lovember of the present year, the Court houre yesterday. The room was Prial of Louls Baker for the Homictde of William Poole—Evidence for the Defence, SEVENTH DAY. COURT OF OYER AND TERMINER- Hon. Judge Roosevelt presiing. THE PROPLE VS. LOUIS BAKER. Deceynmn 4.—At the organization of the Court this morning the Judge said that he perceived im the report Mr. Kustell is made to say that in the indictment against Poole and Williams for an assault and battery with in- tent to kill, Poole was convicted and Wiliams died. Of course it should de Poole died and Williams was con- ‘victed. Counsel said, certeialy, It was a mere transposition of names. , Clark, for the defence, said—If the Court ae ‘0 (go on with the ease without any formal statement of the facts, and shall therefore reserve our ‘comments on the evidence until slater hour of the (ial. It is our devign to now elicit from the witnesses such fur- ‘ther facts as may tend to throw ligh! upon the trans- action, snd that testimony we wish to elicit from the lips of those who are indicted as accessories to the my. whe Court said that ihe Grand Jury had indicted Baker ‘as the principal ia the murder, and included Van Pelt, Irving, Morrissey, Lynn, amd Hyler as accessories, Mr. Clark—I do not’ propose to now say @ word of Baker’s case. It must be submitted to the jury on the evidence already introduced aud which we 1 iatro- duce, But it is my purpose to call the attention of the learned counsel for the proseca what must have suggested itself to their own minds. Your Honor is aware that, according to the law of New York, none of the rties indicted can be witnesses for the accused; but in some of tie Western States, without reference to the common law, the parties indicted are admitted as witnesses, in order that the prosesution shall not exclade from the jury ta any case the truth of the transaction. But, under the law cf New York, it would appear that it is the rule how lide, avd not how much, lignt shall be meted out to the jury. Lam here in the case of un uffray where one of the parties is accused of murder, and tie others on the gt-nd os witn'sses, But this can alwaya be done in a case woere innocent parties are iucluded ‘in the same indie’: ment as defendant, although the took no part in the fray. It is, however, in the power of the prosecuting officer to remove the effects of the indictment, and let them be examined for the defence. And even if the prose- cwing officer ‘should avail himself of ic, it was the intent of the Legislature to give the Court the power, the su- perv power, to regulate it so that the prosecuting officer cannot exclude ali the truth, which they have it T wil not now say anything about. ie case has been made on # part of the transac’ion, which the jury mast pass upon. It is a well known fact, aud known to the prosesution, that a Corover’s jury was erpannelied to try the question of Poole’s morder; they were brought together at a time of great +xcitement, and perhaps Iam not out of the way in taying that some of hem were atterwards pall beavers at Poole’s fune at. ‘they fonnd a singular verdict, aud tu exrra;rdinary onguags. While they found Baker g iilty of huving murdered Poole, they funad Morrissey and the ortbers were accesso . This was done vefore the excive: ment had lulled, and before thee men had time to scatter to their homes and find out how litle they kuew about the: nvatier. These defendants were found guilly long bef re they were tried, or any fair investigation of the facts, which must throw great difientties on the trial of the ease. About hat time I was employed in the case, aad brought it before Judge Cowles, ond from the testimony taken at ihe Coroner's inquest, or before the Grand Jury, it was clear thet some of my clients took no part in the affray. It had also came belore the lately deceased aud Tamented Judge Morris, who did not hesitate to say that the conduct of the Grand Jury wags most flagrant, and notwithstanding the opposition of the District Attorney be admicted Irving to bail. I now propose that Morris wey, Irving, Vau felt. Dyler aud Lynn oe diecharged from the indictment, there being not a pucticle of evideace against them. ‘The Court—1 suppose the reason substantially is toask the Court to Girecta mille prosequi, in order that they may be used as witnesses, That in 8 question yet to ve decided. You do not, [ suppose, mean that tuey could be ured as witnesses without gettiag rid of the iadies- ment. Mr. Cia Not at all; but is a man to be condeaned because .a Grand Jury has indicted him? It is im- portant that these persons should be examined, becanse they have a knowledge of the facts which, if given in evi- dence, weuld vet men right in relation to the transac. tion. ' The indictment was found in a storm, and that storm has parsed away, and we can now take @ clear and dispascionate view of the subject. ‘he Coust—Ihe question for me to deside fa, can I ait here to repent! existing laws, no matter how my owa opi- nion may be on the subject? Mr. Clark read part of Judge Cowles’ opinion on the ease, and said how far was Living concerned in the af- fray? He was not present at the time of Poole’ death; ho was there at nive o’clock, and interfered to preveat a collision between him and Morrissey, and he went home, and what was there in his case on which the Grand Jury vould found a tittle of truth {o indict him? So aiso im relation to Van Pelt and Linn; they straggled i as mere boys, and did nothing except to interfere wit’: Pau- Geen, wio, it was shown, was carrying on a crusade ou his own account. What did these boys do but endeavor to prevent a cogfsion betwesn Paudeen and Poole? Tuey were both hit. Bnd left the house. If there was a son- spiracy against Toole, why no’ pu’ them on the stand’ I ther: was ti@ can tell it; but the prosecution wants to prevent it. If their evidence woull go aguiast Paudeen, Turner and Baker, the case would be otherwise. Iw it probable that any jury would convict Hyler or Van Pelt cr Lynn’ That no purt of the testimony goes to im piicate them, no intelligent man can doubt. [will show the Court hat it was the intention of the Legislature © prevent @ party from being deprived of the necessary veati for his detence. But by that act of the Grandi cluding 80 many of our necessary sitnesses in the indictmen', it would be prevented if thore was no remedy for it, "Among the acts relative to criminal of fences there if one whish lets every nan have a sepa- rate trial. In ny af those who are indicted with Baker are just as innoceat as any man on that jury, 4 who did not like to be put on trial along with Baier ata time when tney theught a fair trial impossible; aud eer, put op his trialalone. There ave other par ofthis statute which give great powers to the prosecution, uniess the Histrict Attorney gives consent to haye any particular prisoner discharged. I submit that It the prosecotion keepsout all the truth, and induces tie Grand Jury to bring in so many parties to tho indict ment, it woul) be impossible for the truth to coms cut. | Lwill not take the resyonsioili'y of saying who a ince guilty—that belongs to the jury; bat if the or oregution says I will hold them co that they caa. not be witnesses, this Court can remedy it, and take we on itself the responsibility of directing innocent men to be divcharged trom an accusation without one tittle of testimony to sustain it, The indictinent is pen ting be- fore this Court, and it has jurisdiction over tie matter aud over the District Attorney, I: is manifest that Baker's defence is that what he did was to defead bim-eli from the savage assault of men who in’ended tae his life with firearms, afr. Clark here quoted fro the statute, and said it is manifest that when there i. not sufficient testimony to put the pa'tics on their trial it is the duty ef the Court to discharge them. Will the prorecnting offices say, on his honor asa gentleran ‘a man, that there is ‘any evidence to put Morrissey o pn on trial? ee reply toa remark from the Court, that counse/ t defence had moved for a separate tis] for his client, Mr. Clark said—No, L did nov; 1 proposed to’ have them all tried together; but some of their counsel re fased to have them all tried wih Baker; and no man could stem the torrent of public opinion whieh existe inst Baker, It was Baker’s wis: that they should be ail tried together, but the otherr refused { need not presé the quesiioh further. It must be clear to the yoxecution that they owe some'hing to trath and jus ice, and unless they can ia good faith ray that there fx sufficient to put the partier on trial, they should at once consent totheir discharge in order (ho Baker may have the benefit of their testimony: The District Attorney raid—We proposed to bring al the porties to trial, and I remember asking my learn friend do you wish oF not to have separate trials? What took pace between him and other counsel I do not know. But if our offer to try them all was accepted, the oontin- geccy alluced to by my learned frievd might have curred, and it might have bees. your honor’s duty to say that the indictment was so defuctive in law that you would order them to be discharged and then they might we evidence. These are facts which wil be laid before isn, showing that the prosecuting officer has a rigat to hold these men to the indic:ment; but as they are not ‘on trial, this evidence must at pressnt be shut out. Mr. Brady raid he understood that the counsel for Irving was in Court, and that he never consented to his being tried with Baker. . Mr. John A. Develin, counsel for Irving, said—Mr ark applied to me tohave Irving iocluded fo t ve trial, and I applied to Irving andhhe peremptorily refused Mr. Whiting said —We proposed to try them altogether, and if the gentleman who represents Baker had con sulted with counsel for the other defendants, and ob- tained their consent, it would have been done There war suiicient notice given, and if counsel for the defence proposed to have some of the others tried first, or Af they saidit woutd be necessary to use Hyler as a wit ness, the court might have ordered any other of the de- fendants to be triet first. Bat 1 understood the gentle- men for the detenoe wished to have Buker tried first, Woe have given no testimony except in relation to Baker, and excluced everything done in the absence of Baker. The only testimony we gave in relation to the other parties was to show with what motive the prisoner went to Stanwix Hall. The Court—In the account ot the Re revedings of the first day it is seid that Mr. Clarke said Baker was ready for trial, and moved for a separate trial, aud walved the reading of the indictment. Mr. fcady suid The fact alladed to may be doub'ful, as far as I know, from the circumstance that I was aot con nected with the care until recently, and my friead ac more familiarity with it. But [ know that your Houor asked ‘ waathere a separate trial demanded! and f eiid yes. In doing so I represented none of the others who ‘were indicted except.Irving. Mr. Brady went on and made a brief but able arganen. to show why the Court should interfere ia the matter, and in the course of his remarks said, the groat mistake that was committed was, not irdicting all the prrties for riot, instead of indicting the accusei for murder, Whea the case was brought before Judge Cowles, who Lhopo willte retained on the Bench which he so mach sdoras, and who has already made himself respected ant beloved ‘Vy the Bar, he exhibited great intrepiiity, coolness and good sense, and did not hesitate to say that it was a g-eat error in the Grand Jury to have indicted them. The Court sald—It was a well established rale of law, whether right or wrong, that a detendsat ina criminal ease cannot be examined for himself, can any of his eolleagues be examined for him. Where two ot more are indicted as participants in the same offence, and the prosecution bax announced {te textimony to be ‘and it is shown that it is not «uffictent, and evi- dence, without an cffer on the part, even with vut any of- evidence for the defen:e, as tw any part of the Ya conduct, the Court might aS at the de- §-Mdant, sgainst whom there was not sufficient evidence, : u » evidence but sgainst thal’ de endant ceived. And the prosecution bas said they have pu! ward th@r whole case as against the other 1 shall assume that such a result will follow, may come to such a conclusion, that the’ oa against the defendant on trial is not the whele case a8 the otter defendants. then be per for me to give » one-sided the "evidence it ot ale see oe It be that as ‘nee out that it would ‘be proper for the Dhstriat Attorney to wil- lingly consent to thelr being dise and {t might be roper for the Court, in its diser to grant it, and The party might then be examined. I will observe that in my view of the matter it would be more politic for the Legisiature to let all the testimony come in, anid let the jury give ft all the weight It was entitled te, neither believing or disbel ‘the; , bat giving It the weight which it ds 4 tn hel cate, a r the new code, co-defendants are examined c0-defend- ants. But the Legislature have not taken up the criminat code, and it remains inchoate, and left us where we were, ond it ix not my province to infuse into it my peculiar notions, and yet not m; cular notions, for hey are common to many. My duty is to see what the aw is, and apply it. I is not my duty to give an opin- fon in the case until all the testimony against the other Partiee hax ecme out so that the Court can judge of It Mr. Clark—Then we will proceed at onoe ¢> adduce our evidence, and we must examine witnesses as they answer, without reference to order. Geo. W. Isaacs was then examined by Mr. Clark—I am clerk of Fulton market; I knew Poole; I know Baker; I was at the Mayor's oftice some time in January, soon after Mayor Wocd’s election; I went in with Poole; as we were going out we met Baker in the passage; Poole suid to me, as he was facing Baker, “I say, old maa, how do you think that head woul look without eara or nose op it?” Teaid to him, come on; Baker sald to him, “you had beter let that’ head and ears alone”; Poole niid “I am going to take that nose and ears off, and make a pot of soup of that head’; (Laughter.) Baker said nothing but “you had better let tha’ head of mive alore’”, Poole then put his finger to his nose, ani sai, “Pil make you taste my mutton yet.?? Cross-examined by Mr. Whitiog.—Poole did not go to the Mayor's office 10 make o colmplaint against aker: vole aeked me where is that Mayor; I said if he wanted to see him I would introduce bin to the Mayor; I said to him, what Jo you want with the Meyort he anid, “hen Teome out Pi let you knew;” I pointed out the Mayor to him; he went into the private oflice; I do not kaow what occurred between the Mayor and roole, but Poole said something about a policeman making a complaint agaiast Lim tor sellirg hquor on a Sunday; } hod heard that Ga ker and Poole were at variance—that they were enemies. To Mr. Clark.—Pocle told me wha’ his business at the Moyor’s office was; it was not to make any complaint egeinst Baker; it was in reference to a complatut made by un officer against Poole for violatiug the corporation ordinances by selling liquor on Suaday. James MeLovough depesed—t reside at 170 Fourth street; Tam # conch proprietor; I was at Stanwix Hall on the 24th of Febraary last, at 12'o’elook at night; Iwas ia the habit of going there every night, except Sunday?s, to take bome Mr. Deanand Mr. Deigle? Lused to. take Poole home sometimes; Poole was there that night; he was a ‘riend of mine; 1 was in the house about aa hour before Baker came in; when 1 got there Poole was a little excited, ’ talking over the affaic he had with Morriesey; he aid Movrisey had “tasted his maut- ton once, and he did no: think he would wich to taste it again;” Poole, Campbetl, Ingersoll aud 1 were drinking wine at the bar when Baker came in; that deink was at My. Poole’s invitation, Q. Was anything said of Irish sons of bh——3?_ A. Poole suid that “the lish son of # b——h had tasted of his mutton and he would not like to taste of it again.” Q Who came in? A. Baker, Curner, Hyler, Lino ani Van Pelt, came in, and Pauceon last; wheo they came in we were a kind of scattered on the end of the bar; when Taudeen came in Poole locked at him with a kind of a down look, and Paudeen se1d, “You black muzzled son of at—h, what are you looking et?” Paudeen then asked him “wus there any fighters there big enough to fight hin?” Poole made no reply; Mr. Dean came from behind the bar and suid “he would have ao fighting in his house, and that Paudeen should go out;” Paudesu mid, “Serve every one else a8 you servo me—put Poole ont and I'll out?” Mr, Dean’ went out of doors, and was ont for a fittie space ‘of time; during bls absedoe Paudeen she ved over aud caught hold of Mr. Poole by the cost. Mr. Crocheran, a juror—Was Mr, Dean the frst per- son who went out after Paudeen care in? A. He was Mr, Clark—Are you posi ive of that? A. T can’t be po- sitive, because when Paudeen struck Mr, Van Pelt, and kicked at Lion, they went out, and they may have gone out before Mr. Dean. Q. Who was the first man that interfered? A. Hyler; at the time that Paudeen had hold of Mr. Poo'e, Campbell wos leaning over the bar between them, and Turner said to Poole, * never mind bim, he is drunk, there will be no fighting here; Poole got round to the ond of the bar next to the’ oyster box; Turner said, ‘if thats pour game let us have ity” xt the same time he pulled Lis pistol out and} pre-ected it over at Mc. Poole; Pau deen did net know whe‘her to interfere or uot; furner caught hold of Yaudeon by the left hand, and as he wis turning sround hie pistol went off and shot himself tn tho arm; Turners coat was on fire, and I went over ard’ brushed the fire off his coat; Ithought he was going to get weok, and I caught hin and let himdown on the fluor; I Laid hold of bis pistol, out he held on to it; at the same time a ball passed by my ear. (Witness do- scends to the floor, and desccibes bis position on his kpcer, leaning over Turner. Q. Who stood in the direction from which that ball came? A. Mr. Poole staod in that direction. Q. What was Turner attempting to do’ was he trying to getout of the room? A. At the time he was not able; he was rather weak; I should say that bail camo from where Mr. Poole stood; at the time Turner's pisto. won! off Paudeen went out, and I did not see him there after; Van Felt and Hyler had gone out before; T could not say positively who went out of doors; after Tarnec’s pistal went off, Van Pelt and Linn and Paudeen went out; at the time Paudeon wen: out Poole was standing between me and the door; I ’t know who went out after Pau- dcen, because some tine elapsed, Q. Where did you go? A. At the timo the ball came eo clove to me, I tok into the elowet. (Poole’s coat pro- cuced.) Teen’t say that these holes in the «lint were im the rarge of the shot that came by my err. (0 fected to.) When I looked out of the closet I saw ub ° oR the floor under Poole, and Cy. Shay and Jake Acs orson standing near, aud all of them firing; Lozier was standing atthe counter; J don’t know that they were firing at Taker; 1 saw Losier and Poole making towards Baker; u to that time Raker had dooe nothing; the next thing saw was Baker down, Poole on top of bim, and Cy. Shay and Jake Acherson firing; Turner was out of doocs at the time; I recollect Tarner discharging two shots; one of them, the first, went into his arm; at the time the shot came by my tar, Cy, Shay was stancing near Baker; Pandeen was out of the house; when Turner fired the se- cond shot he was on the floor; pretty mush all the tiae Poole had his bangs in his poeki ts; at the time be weui into the recess he had his hands behind his back, under his coat tail; before tat he had them tn his pantalooas pocket; at the time he was ac the bar I thought he took something out of bis breast pocket and put it in his pan taloors pocket; all this eccurred before Turner pulled out his pistol and said, ‘-Ifthat’s your game let us have it.” Q Did you heat Turner say to Poole before he (Tar- ner) fired his first pistol “You ’re going to shoot, you ton of ab—, are you?” Objected to. ‘The court perwitted the question to be put simply “Did he, or did he not, hear such an expression mate ure oty?? Witness continued—At the time I got in'o the closet, Harris, Andvews and Campbell were there; Cy Hurris had n pistol, aed Andrews made the remark, ' Por Goda suke, take care, there is enough firing outside; [ looked out and saw Baker down unter Voole, and when he got vp he made for the door; Charley Lozier laid hold of his coat; be got out; I heard a carriage start, and | went out to vee if if was mine; came in agsin and saw Cy Shay holding Poole up, and his head hanging at one side; Iwent for Doctor Ch:eseman, and brought him to Sian wix Hali; [then went fur Povls’s brother-in-law; Corkey Jock came with me; on the way up he showed me a pis- tol, and said he found it on tho floor, and that t vo of the chambers were discha ged; I was not subpaanod before the Coroner’s ioquest; | wae taken by an officer called “Soldier Jack,” and brought to the Coroner, and he asked me what I knew about it, and I told hia I knew all about it. Mr. Whiting objected, Mr. Clark said be wanted to show that this witness, who said that he knew all about the affair, was taken by an officer, held all night, and when he went before the Coroner next morning, he was told he would be seat for, and that he never was examined, Witness continved—Coroner Hilton asked me a few questions, and locked me up all night, and told me to be in bis office in the morning; I went there; be asked me afew questions, and I told him I knew all about it; he the Coroner) said he would send for me if] was wanted; ‘was not sent for, Question by the Conrt—Fxplain what you dia see done when Turner said, ‘if that’s your game, Jet's have i”” A. thought Poole bad pulled out « pistol; I did not roe it, To Mr. Clark—I saw a pistol in Baker’s baad when he was going outof doors; he had no pistol before Lozier ant Poole made up to him; 1 aid not see any one have hold of bis hair; the room was pretty fall of smoke, and it was very hard to see. Mir. Cocheron (a Juror)—Was the room fall of smoke (a was under Poole? A. Yes; Leould see the object. fo Mr. Clark—There was @ good deal of emoke, but there was not so mueh but I could teli which was whi To the Court—I was about three feet from them; the door of the clovet was open. Witness explained to the Court on the disgram that Poole and Baker lay in almost a direct Line wita the pro- jection of ‘he counter, Mr. Clark—Did you see where Poole’s hands were when he was on Buker? A. Well, I did not take particular no- tice; I saw Cy Shay and » ackerson’s hands; the others I could not see; I could soe pistol in their hands, To Mr, Wing (a Juror)—The door of the closet swung inside. ‘s ‘To Mr. Clark—I could see the flash of a pistol; I saw the flash of « pisto) from Cy Shay’s hands; [ don’t think I saw any other flash, To Mr. Brady—I don’t know where Corkgy Jack is. To a Juror—Corkey Jack came back With me in the carriage, To Mr. Bendy—Corkey Jack showed mo tho pistol on Ly bee 4 to Poole’s brother-in-law’s house; he put it fa his pocket. Crores examined by Mr. Whiting—Dean went to th door atter Paudeen came in; I ean’t say that he was t first man that went to the door after Paudeen came in Timight have said so on my direct examination until / thought mivself; there had been no clinching of Paudeen Poole before Mr. Deam went to the door: there were words between them; I don’t recollect that Mr. Dean went towards the door immediately after say: ing he would bave no fighting there; I read part of the be ges every day; read Mr "a testimony; I read that part where be said he wae the first man who went to the door after Paudern came in, Q. To your best recollection was not Mr. Dean the first who went towards that door? A. I can’t say; Baker was the first man came in and Pauceen the last; Toan’t say if the shutters were ra) out to the yard and A. No, he asked him to go re out in the street and ? it Paudeen A. He &d nothing until Turner deen’s hold; Poole bad hands in all the time; Turner broke the hold round bebind the counter; Poole was a kind of back: inoloed fo 9) tngang Sie Wy Sen re 4 Paudeen not get into the recess; to foot of the recess, within four or five of Poole, he moving all the time—a step forward, and a step back 'Q. Where did Paudeen and Poole stand when Tarner threw off his coat and pulled out his pistol? Witne:s was explaining and going over the same trati mony, wben Mr. Whiting interrupted bim, and told him to anawer the question. Mr. Clark said be would tell the witness that be hada right to explain h'mself. ir. Whiting said that Mr. Clark was not the Judgs. Mr. Clark said he was judge enough for that, and he = imsist on the witness being ywed to explain his lence. The court here took a recess for 9 quarter of an hour. On the re-assembling of the court, the cross-exAmina. tion ¢f McDonough was reeumed—The first I saw of Tur- ner's pistol was when he had it in his hand; it was a large €olt’s revolver, as large a one a4 I ever saw; tur- ner said to Poole, “if that’s your game, let you and | have it, stand back;” there was no one between Turner and Pooe; when Turner said that, he pointed his pistol at Poole; at the time he pointed his pistol first, it did net 0 off; he then went up to Paudeen and poy bold of him and swung him round with one hand, and the pistol went off and hit himself in the arm, Mr. Whiting—Then he did not lay his pistol in his arm and point to Poole? A. No, it went ip his arm as he was turning round; it hit him in the under part of the arm; I caught hold of him and let him down; I tiled to got the pistol from him, but he held on to it; it was while letting him down that the ballet passed by me; Paudeen was out of doors at this time; up to this time there were but two shots fired; Baker stood between Tur- ner und Povle; there were two sho's befure Pooie came ont of the recess; I did not know he had been wounded in the snee before he camo out of the rece: ; when Poole went back into the recess 1 did not see his bonds up; when I went into the closet Andrews, Hacris and Campbell were already there; the ?hooting affair was ell over when Mr. Jeanaway came in; Faker bad gone; Jearaway was there wheu Teame back'with the docior; { cid net hear Poole say that they came there to murder him; 7 heard him say he would bet $500 there was nom... these could lick him, @. Did you see a pistol in his hards that night? A. I did not see a jistol in Mr. Pooie’s hands from the face? Ume I went thore until I went for the doctor; when | was in the closet { looked out to see as moeb as I could, while in the closet the parties got out of my sigh for # very little time, about half a mmute; when I went into the closet Turner was lying on his side on the floor; I dit not fee 4 pistol in Baker’s hands before I went into the closet; the first time I saw a pistol in Baker's hand that night was ax he was going out of the door; I heard shot» when I wae in the closet; atter I came out I saw Cy Shay ard Ackerson, with pistols ta theie hands; I saw Shay fire a pistol at Baker as he was golog owt of the coor. Q, You saw Baker down and Vooleon top of him. Now, coulo you not be mistaken aa to Baker being under? A. No; Baker wac under; I heard a shot after Baker got up and went towards the door; Poole did not say any hing when Faudeen said to Mr. bean to put Poole out too; he cid not ray whether be would So or uot; I heard two or three hots in the street; at that time Poole got off the floor, went to the counter and took # carving knife, and went to the green beige door ani put his hand on the aude, Q. Mr. Poole staggered and feH? 4. He was in that Porition (tending st the door) when 1 went out of the Duck door to see if my cairiage was going away; I toand my carriage there, ond I went in again by the fr-mt door; 1 was not afraid to go in that way, though I knew Poole wow standing at the door with a koife in his hand, be canto Poole was @ friend of mine, and 1 knew he would not harm me; when I gotin Jake Ackerson was crying, with Poole in’ his arms; he sali Bil was billed; Pooe's head wee konging on one ride. Q, Was it not Cy Shay who had Poole in his arms? A. No, sir: it was Jake Ackerton; when Corkey Jack showed me the pirtol, there were, I think, two or three chambers of it cixcharged and the caps off; there were. I think, two loaded; we went up to luok for Poole’s brother-in- law, und were along time hunting for the house; Corkey Jack wes at one side of the street and I was at the other, knocking at every house; Corkey Jack did not tell me whore pistol it war—he he picked it up; Iwasa friend of Poole’s; | knew Mr. Baker before this; I have seen him since in the Tombs; there was nothing wait bs- to who wan under; nothing said as to Baker being un‘er Poole at the time; nothing at all took place between us—I only raw Baker; there waa n gceat deal of smoke near where the persons were firing. Q. When you say Baker wus under Poole, had Baker a hold of Poole? A. 1 éid not see; Baker. shoved him off, and they both got up. Q. Who got up iret? A. Mr, Baker; Ido not know who shot Lozler; Ido not know whether Lorier had been thot in the head before he went towards Baker; Poole came out of the recess ax Lozier was going towards where Baker stcod; U did vot ves Poole stagger that way; I cannot soy what position Turner was in when he discharged his pistol the second tims; Toole had started forward ‘rom the recess before Turner discharged bia second pistol; when on the floor Baker was a little en bis back and Poole ver him; Poole was not on one knce; Teid not see either of them in that posi- thon; 1 did not see either of them take hold of the other by the reck; I could not see wish sufficient clearaess to see whether Poole’s bedy was flat on Baber. Mr. Gark—I_ want you to explain how Baker got up firet when Poole was over him? A. Baker shoved Mr. Poole off of him over sgsir st the wall, and then got up; 1 beard Turner tay toloole, “Never mind him, Bill, Paa- dcen is drunk,” ‘Turner was not diunk; Baker was sober; Paudeen was drurk; when 1 raw Baker in the Tombs f might have epcken about thir; I den’t recollect; Tdon’t rue saying to him that I did not expect to see him there. Question by Mr. Clark—Did you not call on me and tel me that your tentimomy ought to be made public Mr. Whiting objected. To Mr. Clark—It was before Paudeen spit in Mr. Poolo’s face that Mr. Dean went towards the doer; whsther he (Mr. Deon) went cut or not I can’t #ay, Mark Mioguire, examined by Mr. Brady—Iam a new: paper carter; T have got other persons in my employ who carry for me; 1 am engaged in that business sincs 1881; I knew Vorle about thirty years; I was on intioate term: with him up to the time ef the difficulty in Stanwix Holl; Thad « brother who was also intimate with Pocle. date what ccemred in Stanwix Haily A. Twas at Florence's firet,-and heard there was a difficulty betwoen Poole and Morrissey; I went to Stanwix Hall; Tsaw Mr Poole there and arked him how ke was; be eaid, very well since he nd been out South; 1 wont into the inside room, and sew Morrinsey there drin\ing: wine; a man eame in afier and pulled rrissey wbout; he did no! seem jlenred; they went out into the bar ro there he raw Poole, and he (Morrissey) said to him, “You blact muzzled murderer, are you here?” other words ensuea, Pocle Gesired Morrisey to draw, and Morrissey sail he bad no pistol; Poole drew bia pistol, and pointed it at Mor ristey; I got between them, und asked Poole whether i: was going to murder the man in eo! blood, and told bin that Morrissey had no pistol; Poole jamped on the wash hand stond abd then on the counter, and preseated his pistol at Morrissey; Morriesey asked for a pistol; I dic not ree any pereon give him one; the next I eaw he had a pistol; he was pointing it every way; he was drank. Q Wes there any thing said before this about Irishmen? A. Poole spoke about irishmen; he said no Irishman was as good #8 an American; I told bim an Trishaan was as good as he, that all men were born free, and that this was a land of equality, and an Irishman was us good »- an American; that the country was made for aul; he said no Irishman wax as good as he; I ssid | was an Irish. man born, and came to this country when I vas year oid, and that I was as good as he was; he asked mo fight hin. with carving knives; I said I would fight him my own way; I declined to fight him with kufves, be- canee, I said, he was a heavier man than ‘ne; some other words pasted, and J said Twas sorry for what had or- cnired between us, because of ‘tov way he had treated my brother; we shook hwuds afterwards, and tock # drink’ (Isughter); officers came in aos, ae. = took him and Morrissey away; re ir. Janeway were trying to make Utnould dink Poole’s pistol was © coarees % new one; alter the disturbance was over I went to Charley Abel's and took a drink there; I then went to Laf Hal), gnd then to Stanwix Hail again; Mr. Trueswell was with fhe house was full; that was the last time Faw Foote alive; I kuow Mr. Van Pel; I know him to be friendly towards Poole; I know Hyler; he was friendly to Poole; Peole's pistol war close to Morrisey when t rushed between them and told him not to murder the man in cold biood, that Morrisey bad no pistol; thy man who came into the room and pulled Morrissey about wae Mr. Botholf, ie was a friend of Poole’s; I havo seen him at Foo'e’s house; } used to visit at Poole’s; I naw Baker there at the time of the first difficulty; Taw him do nothing but take a drink; I heard him abused there as they were + abusing him; {heard Mr. Post, a friend of Poole, call faker s loafer; Baker said be was ‘no loater; I have known Baker a good many years I have slway* knowa him to be a peaceable man fa barrooms, anda harmless man as far as fighting goes; as long as Poole and Morria- ney were together Poole never stoppe.l his abuse. &. Did you ever try to make peace between Poole and Raker? A. Twasa friend of Poole’s: and Me. Lavergan asked me to make fiiencs between him and Baker; | oc- deavored to make friends between Poole and Baker on more than one oy w Crose-examined by Mr. Whiting.—I waa very friend: with Mr. Baker; I sequaintance with hen about eight years ago; was not more friendly with him than with Poole; never hada word with Poole before that vi ey ose he mag d with him. ‘on apolog’ tm? A. | did not to ay; Trade ap with him; I said T was ree ome wire any words between us, om account of the way he treated my brothor; the first thing I did when I went in wae to syenk to Poole; 1 asked bit how be was; I then went iato the back room. Q. Who was there? A. Hyler, Wallace, Sam Suy- dam and Morrisey; that’s ell I remember; officer Hi I think, waa sitting some distance from them; when Mor- nd Bartholf came out he (Morrissey) said to it there you are you bisck muzsied murderer;’’ en to hitn at that time; [ams friend of Morriesey’s; I am a friend of Van Volt’s and of Hyler’s, Q. You are's friend of Paudeen’s also? A. Yen; and there is no dirgrace in it. Mr. Whit I did not say there was, A. You made a hind of in it; Lama friend of Linn and Hy- ler; when Poole arked to fight there was only one me showed, and I was’nt going to (anghter); he had » pistol too, Q What did you Bee 4D) ive bim a pistol; I alw: sew Baker very peaceal 7 Greara he bode tight vi Pools at the Gem. Q After that were they not wi ? A. Baker al- ways eaid Poole was « good friend to ‘itm, and that he way & friend to Poole. To Mr, Brady—I think I heard Morrissey ask some one, id he come there again to kick him in the head? 1 think it was to Jomes Post be sald it. To. Mr. Whiting—Heard Morrissey ask the yc yerpelig i they came there to “heel for Poole sgain;” He ania beel ogain. but whe ber he said about Kicking in Sania Ball agatu 8 aduisk ip avery public house I go to when J feel ike it; Poole was always speaking some hing about the Irish, and said that he ‘had come from where the ‘rad ew,” 1 dov’t bee ~~ was hrc oggen 2 ‘a8 Morcisaay i was staggel over room; some mea ot ruck in the head and othera get drack i (Laughter.) Poole was druvk in the head, and Morris- sey was drunk in both head and heels. (Continued Javgh’er. Witt Goodheart examined for defonce—I am a Dutcher in Washington market; I knew Poole sinve we moa) boys together; I knew Morcisssey some two or three yedts before the death of Poole; I have known Ba. ker rince he was a small bey; I] was at Stanwix Hall at the time of the firet cifficulty; I think a man named Bawm wes with me when I went to Stanwix Hall; we went from the stables in Mercer street; we met a man who told_us there would be likely to bea difficulty in Stauwix Hall, and we went there; when I went in I raw Poole; Morriskey came out from the back room; Morrissey said, | Hew are you, you black muzzled son of a b—b?”” with thet Poole went up to Morrissey with a pistol; Iv- ving tried to make peace, and did all he could to part them; Morri-rey asked Hyler tor a pistol, and Hyler said he did not wish to get him one; Morrissey got a pistol after that né pointed it at Poole; I saw Poole get on the warhstand and on the counter, snd 1 his pistol again at Morrissey; I caw Baker there; he was sitting on a chair; I went to Morrissey and tried to get him away; T told him Mr. Poole had a pistol. Q. Were you on good terms with Poole at that time? A. On midéling terms; I heard part of what Poole said to Mark Maguire; after the officers had them in custody, Mr. Ti ving and J went away; 1 walked home wich Mr. Ir- ving; he lives below Second avenue in Twenty-firat street; Iraw Poole next morning at Stanwix Hall; I met Mr Irving at Florence’s, and he and I went to see Poole. Cros-exornined.—Mr. Poole’s house {s, I shoald jude a mileand @ half from Stanwix Hull; after I left him 1 went home; I lived in Jane street; on Sunday moroii walked round to Jefferson Market prison; I generaily walk thereon a Sunday morning; I did not hear of the afuir ip Stanwix Hall when I went to the prison; I went to Florence’s and saw Inviog there. It being now near 5 o'clock, t o'clock Wednesday morning. court ajourned to 1) TROUBLE BETWEEN THE COMPTROLLER AND .TEN GOVERNORS. Board met at 4 P.M. Present, Governors Townsend tin the chair), Draper, Smith, Herrick, Duke, Dugro, Tie:mann, West, Henry and Taylor. RESIGNATION OF A GOVERNOR, Edward C. West, one of the Governors, tendered his resignation, to take effect on the 9th of January next. Much regret was expressed by the Governors, but at Mx. West's request the declination was necepted unanimous ly. There will therefore be two vacancies in the Board next January, vizz—One in place of Joseph 8. Taylor, re cently electei Street Commissioner, and one ia place of Ed. C, West, resigned. The remaiuing Governors are ccmpetent to fill vacancies in the Board. Who those two new Governors will be the politicians will soon find out, Mr, West is a hard shell democrat, and was elected in 1861. Mr. Taylor is an American, and took his seat a year go. MECHANICS’ WAGES, A communication was received trom the stone cutters on Blackweil’s Island, asking for more wages. They com plain that they receive but $1 75, when other employers give $2 per day. Be-ide’s they are compellei to pay 20 cents per day for stage hire. Keferred to commitwe, with ynstructions to give curren wages. COMMITMENTS TO CITY PRISON FOR DRUNKENAI, Gov. Dury, from the City Prison Committee, mad a re- port with reiereuee to commitments to Jeflecson Marke: for intcxicution, It appears of sixty persons Jately com. mitted, forty-five were temporarily committed and fifteen fully committed to the Tombs. it was proved that those who were temporarily committed often remained in priron four‘een days, whereas the full term was ten ah} Thir abuse hac become so peting that the com- mittee asked the opinion of the District Attorney, who answered that any person taken up for drunkenness should either be fined or commited withia twenty-fouc hours, and it was the duty of the Judgo to attend to th case immediately. It appears on a temporary comm’. ment the fine is paid at the Police Court, and when fully committed, it is peid to the Alms House Department. COMPTROLLER FLAGG AND THE GOVERNORS. Governor Duxs cffered a resol@ion allowing the Supply Cierk only to buy goods for the departa ents. It appears bot sornetunes the Gova:nory themselves buy goods and this tice ig xonght to be stopped. DRAPER fay red the revolution, though he did h to convey the impression that any of would uct Incorrectly. Tho board had bcen in existence now seven years, and had spent millions of mony Iegitimutely, aud Mr. Draper denie that during that tine apy one coul! find any flaw in theie procees: ings. He wai prepared with documents to prove this p> siden, He referred to Flogy’s late report, in which it was charged that the aomual increase of taxation was over €400,C00, whereas in tact it was only $201,000. He read she following fucts as showing the real expesitures: $427,150 125,00) Appropriation for Almshouse Additional appropriation... MOMS, Necks Buildings aud vepaire Total... Expenced 855, Appropriation for Almshonse,..... Acditionel appropriation... ‘and repairs... +s. Fxpended Jan. 1 to Nov. 8, 1855 1856. rpropriation for Almshouse, called for Buildings and repairs............ Totsl..... Alleged indebtedness of Commrs, ‘$53,000 Governor Drarrr ebarged Flagg with culpable igno- rance or falsehvolin making the statewent he had. fle also commented severely on the Journal of Commerce, who. he alleged, urged that more cle ks should be put on th Anns Houte Department. He belJeved that an attack was about to be made on the organidation of the Alms House and he deprecat 2 it at onee. He (thegovernor) did no! fear the aitacks of a miserab'e seribbler, or thas of an overgrown, blonie] reformer like Flagg. Governor Wxst thought that if GovernorDuke’s resolu- tion prevailed the members might as well stay at home. After rome further discussion, the subyect was Inid on the inble until next week. PENITENTIARY HOSPITAL. The report for November, of the admissions and dis- charges at the Penitentiary Hospital, was received fcr br, W. W. Sanger, the resident physician, showing that 425 patients—132 males and 293 females—have been un. der medical treatment during the month, and 310 p.- tients are remainiog in it now, 142 of whom are from 1) Penitentiary, 146 from the Workhouse and 22f.om tl Aimshouse. 151 patients were admitted during Noven. ber—namely, 40 males and 85 females Of these 79 wero under twenty-five years of age; 38 were natives of th: United Siates, from Ney York, New Jersey, Connecticut Maryland, Uhio, North Carctina, Massachusetts, Penney vanla end Khece Island; 93 were for , Ireland, ‘as usual, contributing the largest number— hat is, 63, 2 Inad sends 10, Germany 8, Scotland 4, Canada 3, Prussis 2, Poland and Wa'es Leach. Of the foreigners, 20 have been less than five years in the United Btates, and wi. We suppose, form anot! er item in the disputed bill against the Commissioners of Emigration, The next table in the eport shows how many times each patient has been ad- mitted to the Penitentiary Hospital. Qne poor, misera- ble woman has been there 18 times, and another 2} times. Under the head of education we see that 20 can re ..! and write well, 74 only imper‘ectly, while 26 are unedueaed. 91 oxe single, 20 married and 19 widowed. Ten are tem- perate in their habits, 47 are moderate driokers, 63 are intemperate and 16 are habitual drunkards, ‘The ages of the patients are in conjunction with ‘their habi thus, of the 17 drunkar¢s, 5 are under 20 years of age, 3 under 26, 2 up to the were 5 worked within 3 months, 19 within 6 montbs, and thas Murough the gradations of time to 10 years. ‘The list of trades includes blacksmiths, bookbjuders, carpenters coopers, barnessmakers, machinists, stone cutters, tai- lors, &c ; and the females are described as bovkfolite dres makers, mil resaes, servants, tailor esses and type & The report’ concly e4 with a statement of thore discharged during Novem ver, nam- bering 115, 87 of whom were cured, 21 wore relleve’ while only 2 died. This ix avery «mall rate of mortality, being only 1 in 212 of those treated. WEEKLY SUMMARY. Number remaining week ending Lec. 1, 1855 Number remaining Nov. 24, 1865, Admitted Fone Tt Disehat + “ent to Penitentiary eth Sent to Sta’e prison,. » 6100 Total .. ” ” 6,021 Stavery my Virots1a—A memorial of citizens of Virginia ts in circulation, the purport of which is to ack of the Legislasure this winter, the modification of the laws regulating slavery, as follows: — 1, To protect the parental relation, forbidding the sepa ration o parents and young children ut the will of any msn or set of men ander criminal penalties 2. To 1 and secure the marital relations to colored persons; forbading the disregard of the sacre re- lattone of hurband and wife by any man among his own slaves, and protecting the came between slaves of differ- ent femilios. 8. To allow persons ro di |, to teach persons of color to read, 80 as better to assist their moral and men- tal elevation. The Or Timer says the report of the leasing th poy, Syracuse Railroad to the Central, i ue founded. consisting of seven hundred and twenty hours, we have made and recorded twemty-sight hundred and seven'y-six (2,876) thermometri sal observations, equal to four obser- vations every hour, night and day, with the excep ton of the hour of 1 P. M. of the 15th of the month, which was omitted. The temperature of the atm sphere at my place of observation in this month, has been more equilibriows than js usual. In order that the reader may see at a bird’s-eye view the highest, lowest and number of degrees change every twenty-four hours iu the month, we pre- sent the following extract from our high and low and 3 2 & PETE FETE PETG 1 @ 47 it t1 Go 48 12 4 do HL 9 2 68 52 1l 12 66 49 7 6 Ow Om 3 bh 47 T1368 44 16 Bd 8 4 60 44 6 14 57 40 170k 4k 5 48 42 6 15 68 40 18 «625 50 25 6 82 43 9 16 G4 46 18 2% St BO 16 7 82 46 6 617 45 36 110 (7 44 82 2 8 55 46 8 18 46 36 10 28 48 36 12 9 66 41 15 19 44 32 12 29 6 25 It 10 54 88 16 3% 31 5 630 88 87 ‘The bighest temperature, it will be seen, by the above tabular exhibit, was rixty-four (64) degrees, and occur- xed respectively on the 1st and 16th days of the month. On the Ist there was a thunder storm at Panama, C. A, and also on the Pacific Railroad, west of St. Louis, Mo., at the time the railroad excursion train was wrecked by the breaking down of the Gasconade river bridge, by which many lives were lost, and the eliy of St. Louis shrouded in mourning and lamentation. The léth wit- nessed the conflagration of the priscely dwelling of Mr. ey Na Renrrelaer, in St. Lawrence county, N. Y., by which property to the amount of near furty thousaad dollars was destroyed by fire, resulting from a thunder- storm, which was active at that locality on that day. The lowest temperature was on 224 and 2ud, twenty- four (24) degrees, or eight (8) degrees below the freezing polnt of Fahrenheit. he temperature did not fall to the freezing poiat until the 19th, and from that day to the end of the month :he temperature was at or below tho freezing point some portion of every twenty-four hours, except on the 26th and 28th, on which days it did not reach that line. There have been nin»ty-four hours from 19tn to 40th, both inclusive, ou ing which the tem- peraiure was atand below the freezing point, ranging from 24 to 82 degrees. ‘The longest cvol term was 28 cousecu- tive buurs, next 2%, and next 14 houra. Change,—the greatest ebange in any 24 hours during the month wasn the 2ith—24 degrees—on which day the tempera'ure rose 20 degrees in four hours; the least charge was on the 20th—five cegrees in the 24 hours. dn equilibrio and equitibriaiion.—Uhere were 10 several and distinct \erms in the month during whieh tae tem- perature was in oyuitileto tor seven ut tore consecutive hours, and thirty-five several and distinet terms during which it was equilibristed for the like time. What Iter im equilivrio is that state of atmosphere duriog whica the temperature remains unchanged for # verm of seven or more consecutive hours; and equilibriated when the ebanges do not exceed two degroes for the same time. Earthquakes.—We have only accounts of three, as yet, inthe month, viz.:—dd, in ‘Villanow, Waiker 6o., Ga.} loth, at Westfield, Staten Island, (opooste Porta Atmboy,) N. Y.; 21st, in chty of Philadelphia, Pa. Aurora Borealis,—On the Ist, 2d, 3d, 4th, 5th, 6th, ith, 8th, 10th, 11th, 12th, 13th, 16th, 17th,’ and 20th. Nomeleors seen. % Lighining.—Tbunder storm on 1st, in Miscouri aud at Panama, C. A.; 16th, in St. Lawrence Co., New York, ‘Snow.—On the nights of the 4th and Sth great snow storms in several parte of France aud along the whole chain of tho Pyrenees; ith, a littie at Brooklyn Heights, and akout ten inches fell at Chatham Four Corvers; snow storm at Boston and Pittsfield, Mass.; Montreal, Canada, ad at Portsmouth, N. M, in the night; 18th, Montreal; 19th, Boston, or, Me., Portsmouth and Monural; List, Brocklyn Heights, Utica, Oawego and Herkimer, N, Y.—in tne latter e six or seven inches —Portemouth, N. H., Halifax, and varivus other places; 20th, Albapy, N. Y. Kain,—The amount of rain which fell during the month at_ my place of observation was thiee and one- tenth (8 1.10) inches. Zig.—Ou the night of the Ist, @ heavy fog on the Hud- sou siver. During a pfriod of sixty-seven, years, viz. from 1789 to 1855, both inclusive—the Hudson river aus closed but eight {fmes in the rconth of November, as follows:— «Nov, 28. 1627 sNov. 26. 1835. se sNCy. 28. 1888, Nov. 80, ls In 1797 the ice was so abundant in the outer harbor thar for near two weeks in the firet half of January, pilots refuned to take charge of outward bound vessels: yet on the 16th of Febroary of that year the Hadson river was clear of ice toa distance of 15 rules above Poughkeepsie. In the winter of 1820-21, the river re- mained closed 123 days: 1827-8, it opened’ on ths Bch of Februsry, having been cloved about 76 days; 1835-8, 126 ap; 18:8-0, 116 days; 1842-8, 156 éays. hus it will be seen that the severity and duration of the winter cannot be determined from’ the temperature of November. or the early closing of the Huds m river, Bnooxryn Hxiants, Nov. 1855. E, MERIAU. The Appolntment of Judge Cowles to the Supreme Court. New York, Nov. 28, 1955, Hon. F. R. Cowss, Justice of the Supreme Court— Dran £m—The undersigned, members of the bar of the city of New York, having heard it intimated that his Ex- celiency the Governor of the State intends to fill the vacancy created in this Judicial District of the Supreme Court by the death of the late Justice Moris, beg leave to express to you the high appreciation iu which they hold you as ® jurist anda man, and to urge you to ac- cept ‘the appoimiment, in the event that it may be tendered to you. ‘bey trust that you will oblige the members of the profession by contiauing in your praesent position, as they nre eatistied that no one can fill the place with greater satinfaction to the public :— G. Wood, B, W. Bonney, ¥. B, Cutting, ‘Thowas D. Sherwood, E. W. Stovgbton, B. F. Dunning, J. W. Eémonds, ‘T. Romeyne, ‘amuel Blatchford, C.N. Potter, David Dudky Field, Joha D. Sheewood, Wm, Curtis Noyes, W. C. Wetmore, John R. Brady, E. Seely, Wm. M. Evarts, John I. Hoffman, J. W. Geierd, E. M. Willett, ¥. G. Clark, Cowdrey, Lewis B. Reed, Jr., James Thomson, A. Vanderpoel, M. G. Harrington, Daniel Lord, J. P. Giraud Foster, Berj. D. Silliman, William Hodge, ¥. 1. Upton, A. L. Jordan, F, A. Tailmad George P. " Charles P, Kirl Henry P. onen. E. Delafield Smithy ‘Thomas Nelson, Samuel C. Barlow, F. F. Marbory, Augustus F, Smith, Potter, Jos. T. Brady, Edaund J, Sorter, Fdward N. Dickerson, A. W. Classon, Charles H. Hant, A. A. Phillips, John Sleaveland, A. J. Vanderpeel, Greene 0. Bronson, Mortimer De Botte, Richard T, Emmet, Augustus L. Brown, John L. Mason, Thomas B. Van Buren, ‘Wm. Allen Batler, John M. Eager, Robert Emmet. New York, ec. 3, 1855. Gsxtixwey—The Governor has been pieased to tender me an appointment to the place made vacant by the death of my late associate and Mr. Justice Morris; bat cozsiderations which you wiil readily understand had at one time determined me to decline 1 Nothing short of an expression like that contatned in your letter of the 28th ult. coald have changed my purpose But when | observe among tho signatures to your let- ter the names of those who occupy the first rank in the protession—not of the eity alone, but of the country—an! of others who have so graced the bench that their judi- cial fame has become a part of the pride of our State, I feel that I may yield to a request emanating from such a source, and accept the appointment, when the office will be held in deference to your wishes. T will accept the tender of the office which the Governor bas been pleased to make, but shail proffer an imme- diate and amicable submission to the ceurts of the qnes- Mion, provided the authority of the Executive to make f: is doubted, and with entire cheerfulness abide the re- sult, With most profound respect, I am, geatlemen, your obedient servant, WARD 2. COWLES, To Mesers. George Wood, John W. Hamondd, Francis B. Cutting, Daniel Lord, and others. Charles A. Peabody, Esq., who was tendered the seat on the Supreme Court bench, in this city, ren- dered vacant by the death of Judge Morris, subse- sae with his assent given to Judge Cowles, has i appointed by Governog Clark to fill the oth vacancy on the same bench. We learn there is but The City Omnibus Drivers. 10 THE EDITOR OF THE HERALD. I saw in your valuable paper a piece dated the 26th November, «pewking in very harsh terma against the poor stege drivers, and signed, too, by a lady, who thinks that they are a eet of fellowa who have lost all reapect to ceoency. Are the drivers who teil day and night, and who have @ kind word for everybody, to be abused by all conceited persons, who itke to show themselves by writing against that much abused class, who often have to take five cents from the gloved ari:tocraey, and return to the — sixpence, thas havicg to take a cent ont of their own pocket, to suffer almse besides, by epistles through the public press, esiling them « set of unmannerly fellows? If the aristocracy do not wish their gloves soiled, let them always have a sixpence ready, and not a cent piece or @ bill to change, which, too, ia often worthles A DRIVEB, Sefety of Capt. "a Party. [Correspondence of the St. Lots Repartoet Fons ¥ . pe Mexico, Dot. 19, 1456. ‘Will you be ki correct the reporta which have been recently sent So the States, in regard to the danger of the expedi:fon unter the commant of Ca) John Pope, United States raphical Engineers stating that the whole party have safely arrived at ‘The Indians have not molested them since June wh of apechen. © Capt. Fope is ubout going into eioe ban: On. . to we y a and will ter quarters at Dona s00n commence ano- SHEPPARD HOMANS, expedition. ther Artesian well. Civil Fngineer ef the jace at Bist with spectators, anxious to obtain the result of the investigation, which lasted until 6 o’elock im the afveracon by riiven rere know deceased Jos. 8. Cronell—D: now ; between 10: and 11 o'clock last night, I was about Haywood’s corner; wasin the Arbor eating saloon about . Mr. J.B. Habersbam vas shere also, anda man was do ing somerbing sbout ‘he gas fixtures; the eating saloon is in the cellar under the room; I remained there: about half en bour; don’t exactly know how long; can’t swear to in the billiard room; won’t swear that I saw Lewis in the bilhard room. On being asked, ‘‘would you be wil oe, Aer swear that you did not see him?” an- swered, ‘‘coulan’t say; saw smoke after the re- port ef a pistol or gun; the bar keeper was in 4 chair bebind the bar, aud fell; immediately atter the report I went out; there was a man nearer the bar keeper tban I was; don’t know that that man was Lewis; aw unwilling to swear to it. After some hesitation, the witness said, ‘ Gentlemen, 1’) tell the truth about it—} wus Cray gaunct a that I recoguize that man; ‘meant wis); on asked, “can swear you Het know him!” he made no answer, but sshd “Twas tight last night, and am tight now.” ‘Here Justice Rus- sell called to the Sheriff to take witness to jail, and keep him there until he was sober. Witness then “Tam perfeetly sober now.” Being asked if he did not, this morning, print out the pii-oner being the person’ who committed the act, he replied, ‘I raid Habersham end I were at ee corner, apd faw a men drunk come by, called Captain esohy the army, who went into the billiard reow; I believe I raw him again ia the billiard room; the man whom I saw standing atthe end of the counter, when I saw the smoke, was a little larger than It; don’t recollect any coming the barrocm; | seid if 1 saw the man, and he cid not shave his head and cut his whiskers off! thould know bim again. Here he was told to look round and say if Nathaniel Lewis ‘Was not the man. Witness would not look rauad. Several persons were then brought before witaess in the court rocm; amorg them was Lewis. He sald Lewis was the man at the end ot the counter at the time the pistol was fired; I was in the billiard room at the time; also J. B. Habersham, Wm: Bowen, Capt. Henry, the barkeeper (Hyatt) ond another man—damned if! know who he was: the wan called tor Mquor; the barkeeper reiased to give it to him, telling sim he was too drunk, and would thank him to-morrow when he was sober for’ not giving him spy; the man kept png for liquor, Hyatt refusing; the former then suid be must have it, bat the bar keeper persisted in his refusal; at that time Henry, Bowen snd Habersham walked to midsbips of billiard table; they spcke of hearing what was going on at the end of the counter; then 1 heard a report and saw smoke; I saw the barkeeper lean over and fall from his seat; the moment the pistol fired, or imaedia‘ely thore- atter, 1 recognized Wm. Bee coming up from the eating salocn; the man who stood at the end of the counter then walked ovt; I left went to the Pulaski Howe; did not see the pistul; neither Rowen, Henry, nor Habersham fired the pistol; the man who fred the istol wag in the barroom at the end of the eounter: jon’t know the name of he man who went out ahead of me. Crose-examined.—Being intoxicated at the time, does all this not appear like a dieam to you? A. asl did not sce the pistol, é——d f1 know whether the man at the counter shot | im or he shot himself; I know that what I have said is tr Capt. Henry sworn—I conte: tance to being intoxice ted Jast night; I don’t know any- thing of the affair; have an indistinc’ recollection of hearing a pistol shot, and Mr, Habersham what was the matter; Mr. i. said, ‘‘a man was shot. let us see who it is)” I refused amd went out; | think the prisoner (Lewis) was with us; I never saw him before; I think he was prevent—at least that is my impression; I did not know deceased; ama stranger here; think the shot was in tue'direction of the bar; having ‘some expe- ae in ruch sounds, 1 concluded some ove had been urt, Joreph Crowell recalled.—tn answer to a question from solicitor, who killed Hyatt, said, I don't know him. Soli- citor—Who shot himy Witness—Don’t know. Magix- trate—Remember you are under oth. Do you or do you not know the individual who shot him? Witness—Ido. Mrgistrate—Whoishe? Wirness—I will not tell; if my own~ life was to be the forfeit. I would not tell. The witness, who was evidently in liquor, immediately ensnged his resolution, and advancing fo prisoner, laid his band upon bim, and eai¢, ‘This is the man who killed the bar- heeper;”? 1t wae done in the Arbor Saloon; he was very drunk, 80 mach eo aa to fall against the barber’s post before tn {eit feloon; don’t know his name; saw pri- soner put lis hand in his packet after 1 saw the mmoke sueceeting report of pistel; heard prisoner ask deceased for liquor; deceased refueed, roying, “You will thank me for it to-morrow when you uber ;”’ pri-oner said he would or should have it. t you give it to me? won't ye give it mer’ I then heard report of pistol and saw ceased fall; I was stacding at north end of billiard ta- ple, with my’ back leaning against it; afterwards I saw prisoner go out of the room-and I followed; | know the prisoner is the man who fired the pistol. £ergeant Wilson, sworn—Found deceased debind the bar, with pistol wound over left eye, near the temple; § fool not, I think, have been inflicted by any one out of: he 10cm. Dr. Habersham, swora—Gave it as his opinion that the wound over the eye of Hyat: caused his death. The tesrimony here closed, and corsuitation by the magistrates, the pris haniel Lewis, was committed to jail, there to await his trial for murder be- ore the January term of the Superior Court. g with shame and reluc mypertant Movement on the Part of the Northwestern Telegraph Compantes, At a moeting of the board of cireetors of the New York tate Printing Telegreph Company (House Line), held at he office of the secretary, in the city of Rochester, on he 27th day of November, 1855, it was Resolved, That this bari, on behalf of this company, with consent of the stockholders hereinafter mentioned, will agree to unite or consolidate with the New Yort 4 Albany and Buffalo Llectro-Mignotic Telegraph Company pga! upon the terms, and in the manaer Tallow. ing. viz:— The New York, Albany and Buffalo Flectro-Magnetic yee i foi Btate, with tthe Pigita aaa power i general law of this State, with al rights therein authorized. = ‘i Each company is then to obtain the written consent of the stockholders, holding. at least, two-thirds of the eapt- tal stock of each company respectively. The lines of both companies are to be placed under the fencer pC Ah of the sni¢ New York, Al- py aud Buffala Electro-stagnetic Lelegcaph Company, 80 incorporated as afvresaid. ee the New York, Albany and Buffalo Electro-Mag- netic Telegraph Company, so incorporated an afore- said, is to agree to defray ull expenses, taxes, asnenn- ments and chaiges whaiscever, and to pay to thie company for the period of ten years, seven per cent per apnum upon its capital stock, payable in halt yearly payments. At the end of ten years, the stock cf the two companies is to be consolidate! and merged into one company, the stock of which shall be distributed in the ratio ot three-tifths to the New York. Albaoy and Buffalo Electro Magnetic Company, and two-iifths to the stockholders of this company. The New York, cg and Buffalo Electro Magnetic ‘Telegraph Company, ro incorporated as atoresnid, ia to be bound by contract to keep up and maintain both Hines for the ten years in good condition, with at least the same number of wires as at present; and at the expiration of fen years, the sald ocmpany fs to be free and clear of jedi. We understand that the stockholders of the House line are unanimously in favor of the arrai ae topowed, apd as the proposition to fuse frog seent managers of the Morte line, it seems proba be ratified by the stockholders of thet company. Th: the arrangement is an exceedingly good ene for the House party may be mferred from the’ fect ‘that inthe reven or eight years it as been worked 1t has not yielded to its owners o¥er anaverege of about one or two per cent per apnum. ‘The posts and wires being now nearly worn cut, it is difficult to understand how the Morse somoany are to wake it yield seven per cent. Some of the more shrewd of the House stock holders are locking forward to a apeedy surrender by the Morse company of the united Hines—the latter company having agreed informally to give the House stockholders a lien upou thelr own line as seeurity for the rent. We think it very likely the party owning the wonderfnl invention or Mr. Hughes may yA some thing within fs faw months to spoil thr fasten arrange- ment West Court of General Sessions, Before Recorder Smith. The Court was opened yesterday morning by Recorder Smith, at 11 o’clock. The first business was empannelling the Grand Jury, which was made up of the following gentlemen :— William H. Dod Henry Allen, Jobn Axford, Philip L. Bachmann, Luther Baldwin, Foreman, Sharles E, Converse, Svencer K, Green, Hency 1 Tagatis, Jos, B. Johnson, Samuel W. Beckley, Robt. Leonard, Soicmon Banta, Franels Leland, George nye b Henry Lewis, Frecerick W. Ccggil!, Gabriel Mead, Lavid MeMaster, Edward M, Osborn, Jobn H, Redfield, John J. Walker. The Recorder then charged the jury upon the law which rned them in their deliberations, very briefly; after which the 7, in charge of an officer, retired to enter m their duties. Ap a, jury was then empannelled for the trial of petty offenders. ‘The court adjourned till to-day. TO THE EDITOR OF THE HERALD. We are in quite a fix round Wall street, and I suppose other parts of the city are similarly sitaated. Since Friday last we have had no regular delivery of mail letters by the Port Office, our regular carrier hav- ng resigned his duties in consequence of tho Post (fice authorities enacting a law compelling all car- riera to pay one cent each on all letters be'ore taki them from the office for delivery, bamcns 8 reducing their income one half, without giving the publis correspond. Di e » if the carriers receive more than a sufficient remunera- tion from the two cent city delivery, and the Postmaster reduces it one half, surely the public, and not the Post Uf- fice authorities, are entitled to the beneit of the opera- tion. It the charge of one cent on each letter 1s sufficient to ronintain » Teapectonto staff of carriers, T agninst payiag two cents delivery on each letter, the carrier receives but one cent ot it, the other cent sping into Post Imndelfon 0 the areal postage ira ond in adds an Tam moch pleased to find many of the regular carriers. refuse carrying letters under the t. Thus it is we cannot depend on the to which we are en’ will give publicity to these facts that the ed, i "Rta Srummr, Dec. 3, 1855,