The New York Herald Newspaper, December 28, 1855, Page 2

dave Mrs, Wakeman and the whole world; we met | out; Jasksen sald in conversation with me, if! strock | lstere wil the uneatiatactery law that provides of the Suebidting policemen to serve warsenta THE HEW HAVEN TRAGEDY. {here that sight to pray for him; we knew he was eom- | him once that dreak the Sepp. | wibees soe cenaten of ax eapesinn; 3 hove keorsa pes dor him: in great power in the witch hase}; ties to be °P house ing, snd out the evil spirit and bresk the a i peared fos (Boca the rod ‘Testimony In the Oase—Confes- made of the bark of the witch hasel, ‘them in the murder. sede ncnirrb prego Aa ‘Ming Matin Tlarderer-Veudictagthe Jury.” | ‘'tamnul dip secre saaet noma night, and | | The confesion of Samuel Sy here, ended, and | Saumnel Bly, Sables, Thankful 8. Her y and tbo Seco 0 magistrate; 1 ave, Seen Sid by. pation on (From the New Haven Journal, Dee. 27.) did not go any distance trom the house; Jackson, San- | he was taken back to ile giving the ac- peomen in jail. It remains to be seen whether ee nee ak ‘bench, while ‘The jury met at Judge Bennett’s office on Tuesday | ford, Wooding, Mrs, Sanford, Mrs. Wakeman, Mies Abby, | count of the whole » he seemed desirous of world will be by hoping thle wondertal sales of property have there been while sooraing, 19 continne thts, tarestignsion, ” We givy be- | ‘Mise Julie Dave ont rn: Sewrney wee Soe ts or | Seated ee a ee tena nal nani mat “Justice? A. "About two; the. magistrates Bee 8 compile TOP IMDAY MORXING. ing) and weut away at 4 o'closk next morning, he start- during the confession that he narrated the facts make a return every six montha na of property, and ‘The Jury of Inquest met at half-past nine o'clock this | ed {ogo away about 11 o'clock, and Mra. Heeey called | -‘im fear of the Lord.” He eppeared extremely DStlie tea mesiened’ beeen Teach, tae Cee morning, pursuont to adjournment. The jurors all being | to him to come back agnig. Sak he ome Date; Ne Ct Saree coe Some ales, in the room seemed to distur! ‘assigns inferior counse); J think the public Pie ee taeans werner Sine ot | Det tt nur wua tom ee tl tal Woe POLICE INVESTIGATION, | bemyinin esany itrevenestin arin Jar im lo worn—l wen' use to ie ; d H epsom tor gre ames fice | cages eee ee wey ote ea a Sem cee | | erste eet caren artes asl A BO} rs. Matt! came @ ! even- * and Betsey Keeler were there: deceased was my bro- } ing, ‘and sen after 1 went dowa to see him; I went down Bey, anew to seme 6 nee ie atte ave boon ‘ther; he came in about 10 o’clock in the ev ; 1 had 8 to Mra Hersey’s room, and staid there a few mo- This committee, appointed by the Legislature to ex- ree oe pe see ae ‘lestions and = ‘my brother’ ha Ei Hiacoden Wee Sng Faarivoh, si Ae ments, and bg War Se rane oa, oy ene ine into alleged abuses in the Police Department, re- -~ : ation of foe pace aries who, the 10 at Inee! ; we want H canna toe 2 get Tid of the evil | were tied bebind him; I think he had his eost on, but sumed their investigation yesterday. Maser. Stuyvesant, blers thought, would fhe a at oo eiiee ae that he it that wes in ; he said there was a darkness in mind that prevented him from praying; when he @ame to the house he came in and took off hie boots to warm his feet before the fire; the fire was made for hii as they were expecting him; | tied a handkerchief over his eyes, to prevent his emebanting us; the ‘messenger’ said this was the po dain vo prevent the evil ee ee from ing us; I then tied his wrists together with a cord; Joaid to him, !I do this for the glory of God, and in the fear of the Lord;” we talked with him some length of time about his evil spirit; we then went up stairs and ying for him, aud eontinued praying until wht! en he came, the ‘ messenger,”” (Mrs, Wake- man.) felt his presence, and felt bad, and although she ‘was not informed of it, still she knew he was coming; we went down twice from the room above to the room Below, where Matthews was reated; he was then ait in a rocking chair; we went downa third time, and found him there, with his eyes blmdfolded, and nis hands tied in ‘the same manner @s they were when we left him; my hus- band went down with me the third time, and no one else was with ns; the ‘ messenger” soon afterwards said that Matthews might or must leave the house; I think Wood- ing had left the house; soon after we went up stairs we heard a screaming and groans from the room below, where Matthews was confinea; we run below and tried to beat fm the doorg, but they were fastened; I told my hus- Band that I wished we ‘could break in the doors; as Sly dodged away from us, I think he went into the room, and fastened the doors; last night Mrs. Wakeman, the meeeenger’’ told me that she was informed that they had found the instrument with which they killed Matthews; ‘we went up stairs when we found that we could not got into the room below; we went up stairs and went to praying; Miss Harsey and Jackson was with us, but Sy was notin the room with us above; my, busband soon ‘went home; I could not tell whetber Sly ' came into the oom afterwards or not; I had the impression that Mat- ‘thews was Iniled, but chougut he had killed htmseif; I tried to get Juckion to go into the room below, but he @id not dare to; I did net see any weapon or knife in the Asnds of any one that night; Wooding and Sly seemed ‘eal and collected all thai night; we all believed that if Mra. Wakeman, the ‘messenger, was enchanted by this evil spirit, and died, the judgment would come; we all believed that Mra, "Wakeman is a messenger sent by God on earth, to redeem mankind; we are all her followers, and believe that i¢ Mattoews’ evil spirit enehanted her, she would die; we thought he bad better die, than to have the messenger; the mes- senger had requested me to get my bro‘ber to the meeting, and that is the reason why we went to see him abont it; this evil spirit came from Amos Hunt some time Jest summer; after he got it he went home, and his wife ‘went into convulsions, and seemed to know that her hus- Band had an evil spiri!; she prayed for him, and tried to that unseen power away from bim; there was some- jing dreadful in nis appearance th 1 believe there fs ap unseen power that will destroy people, and they wii! not know it; this is revealed by the messenger; my bxo- ther’s wife tells an awiul story about the effects his evil spirit had on her; sho is also a believer; the messenger has revelations from God, and is directed by a supreme power in all she does; she does not command her foilow- ers to execute her wishes, however. (Justice Bennett here read a part of a letter, written by the witness last summer, in which she derices to baye her brother attend tho meetings again.) She declaresin her letter that Mat- thews, her brother, was the “aan of sin,” and she urged im to have the evil spirit east out of hira, Witness con- tinued to sey that she believed that if the ‘man of sin” eonld be put ont of the way, the world might be redee n- ed; she seid she wished to have the evil -pirit cast out of her brother, and thought that by eo doing the world might be benefitted; in conclusion, the witners testified ‘Pat she did not betieveshe killed himself, Dr. David 1. Daggett, sworn—I visited ihe house of famuel Sly in the forenoon, with Justice Bennett; T found the body lying on the floor in the west room; it was inclined to the left side; the throat was eu’, and other bruises were found upon the face and neck. ’ (Dr. Daggett here gave a description of the wounds, which was almost exactly the same as that already given by Dr. Knight.) Dr. Daggett continned—We found a coat ying near him, and discovered blood upor both (he out- aide snd inside of it; there was also blood upon the mleeve of the coat; the inride of the fore finger of the right hand was cut off, whiel piece was found on the floor near the body; we found plugs of wool over the Jatehes of the doors, which did not look as though they had been recently mude; the plugs were covered with hoody marks; there was also some blood upon the door, also some hair upon one of the plugs that fastened the . Justice Bennett made a statement of the appearance of the body and the things in the room, which was simi- Jar to the incts as alreacy published. ‘Thankful 8. Hersey was next called to the stand, an? affirmed that she was a resident of New Haven, and hai for nome time past lived at the houre of Samuel Sly; Lam w believer in the doctrine as preached by Mrs. Wakemin I believe she is a messenger sent by God to redeem man Rind; our belief is peculiar to ourselves; it is not lik rism, nor it is not like spiri'ualism; I occupy o oom in'the house, and attend these meetings; I knew that Matthews was expected there on that evening, ant e was made in the room below, and other prepara mace for him; I only saw Matthews once tha night, and then merely spoke to him; Matthews did no poe Mrs. Wakeman that evening, but enchanted her, and was the cause of her sicknosa; we were engoged in pray- fog all the evening for the ‘ man of ‘we belioved tbat Amos Hont was the ‘ man of sin,” but he trans- ferred that spirit to Mat*hews, and we alterwards be- Moved that he was the ‘‘ man of sin,’’ and thougbt the ‘ovis spiritin him ought to be cast out; about 12 or I o'clock 1 was aware that there was something unusual taking place in the house; I heard sereaming below, and there ‘was great confusion in the house; i heard sanford making agreat noise down stairs; I weat down stairs, but soon went up into my room again, leaving Sly below: it was about halfan hour attea this that Sly came up into the Feom where we were and kelt down and began to pray; after we heard this outery, it was generally beheved thit Matthews had killed himéeif; Iam confident that Wool- ing left before I heard the outory below, and think ho lef: before 12 o'clock; | saw Sanford try to b.eax in the door, and I took hold of him to prevent Mien ivorn bee vking in the door; Mra. Wakeman seemed to feel better after this eecurrence; [believe that Matthews was the ‘man of win,” and he owned it himecif; | think that Matthews Gd not kill himself, but bad help avout it; I heard Mes. Wakeman say last evening that the you man had Brought her to juil; said that it was intimated who killed Matthews; Mrs. Wakeman said that it had been alleged to her brother: Samuei sly is her brother-ia Jaw, and she said that it was reported that he killed Matthews. (The witness only answered this question after repeated requesis to do so, ondonly after Justice Bennett informed her that she must anawer it.) Tt now being half-past 12 o’clock, the jury adjourned to 3 o'clock. The jury met at 2 o'closk, purseant to adjournment, to hearfthe testimony of the remaining witnesses. Abigail Sables testifiel—I «pent suaday night at tho honse of Samuel Sly; bave resided in the louse about a year; I bave hyed ani slopt with Mrs, Wakeman. (the prophotess,) ani am her particular friend; Mrs. Wake- man was un veil that evening; ( think Jack-on came there during the evening, and Mr. Sanford and his wife came also that evening; {srael Wooding was there too; Mr Mat Shews came there that night, but I did not see him, as he was in the lower room and [was in the room above: about 2 o'clock I heard a great noice down below, and heard Mr. and Mrs, Sanford ery out and boat the doors; 1 thought I heard a groaning in the room below, but I did not go down to see what it was; we were praying in the room above, that the evil spirit in Justus Matthews might be subdues; we prayed that the Milenium might eome, and we bad reason to believe that it would goon; I Believe he was hurting Mrs. Wakeman with his evi’ spirit; believe no one knows Mrs, Wakeman but God: we thought Mrs. Wakeman was (ying several times during tue night, and she appeared in great distress; I belfeve the judgment would come, if Mca, Wakeman should div; Mathews was drawing away her spirit with his evil powers; several ‘ke of Matthews’ death, and raid that they believed hhe bad killed himself: | went down about 4 o'clock in the morning, and left Mrs. Wakeman, Mis. Senford, Julia Davin and Jackson up states; | heard Mr. Sanford say that the doors below were locked, but he kept saying he wanted to get into the room below; be did not seam to dare to go, however; { believe upon my heart and soul ‘that Mrs. Wakeman was rent into the world by God. to redeem and save the world; | ueard them say that they ht Samuel Sly k Matthews; this was the con- verration at the jail last evening; Matthews fasted for three days in order to starve cat the evil spirit; there was a report that we starved him, but this was aot (rue; he offered to be blindfolted and Lave his hands tie! be- hand him, in order to cleanse himself of the evil spirit; ‘on the evening already alluded to Ma thows was willing to offer bimsei’ up as a ice, and Wanted ty die, if by 20 doing the Millenium would come. alia Davis «worn—I was at the house of Mra, Wake- urday afternoon: I stayed there all day Sunday, went away ea:ly Monday morning; I taink it was about 10 o'clock © night, when Matthews. come; uncle Samin; Pad rh. Sandford tet 14 us that Mat thews had come; we be: at of the house and looked In at the windows, but foand hem curteined ; we prayed that night that the earse Sight be removed from Matthews, Le go! thir evil spirit trom Hunt; don’t know as I've got any of the curse on ane; I certainly didn’t kill Matthews, end don't kaow who @id; don’t know anything more about it: Tam a belterer tn the fatih promulgated by Mrs. Wakeman, and bolieve her to be » messenger seut by God; she hys eleven or eve as T do. Sherifl?Knevals h saked if che believe Matthows committed sui side ? ‘Sal eide, eh?’ raid the witness, ‘what's that After hav tng It explained to her what sulcide meant, she said that whe ‘didn’t b’lieve he dil it, con why, it looked kinder ark |’ ‘The witness that didn’t know what uigide way Jadge Bennett then dirmi-se} Terael Wort ing, sworn—I wis at the house of Sly last Katurcay night; went there about seven o'clock: 1 eay of thore who reside there; | am not ve whether kaon was there or not when 1 arth J was at the honse when Matthews came there: i saw him about an hoor after that; | left th w@ about lelf past ele o'clock, and did not re cht; T went dowa tr the room where Matth 1 talked with him be fore leaving: Ltold bln J bel be evil spirit he nad would carry #1 the wo 6 hell, an won lying on the wfs wl nth ev re biuet) r and then went” +¥ i e ges ge BE e s § while he was alive onee, and dead, making three times di Cal gu noise below, he wanted I should go into tthews was, but 3 it was after four o’cloc’t in tothe read Bed oe there blindfolded and sit up: Woodiog en gone home; when I found Matineed dead I found a fork on the floor by his side, and also @ very small knife; I took the knife aid found’ blood on it, and carried it out of the doors, avd dropped it down the necessary. (The witness admitted this only efter constant questioning.) This knife was not my kt ife; he was not sitting in the rocking cbair when I found bim dead; Wooding was not in there with me apy of the ‘im never saw the knife until [ jicked it up; the knife is a small one, with an iron fandle; T thik the kaife T-found there belonged to Mat- thews; | have seen him use it, (Justice Bunnett here said, ‘Mr. Sly, what a liar youare! I have Mattnews’ knife, and it never was used in that manner.””) 1 mean to teli the truth as it is, (protested the witness). In the morn- ing | went in, and carried out some of the blood | found on the floor; the knife found in a drawer in the cellar was a knite I bad for family use; the found on the floor beside Matthews had a verv small blade; I curried it out, and threw it down the necessary, becnuse Thad no farther ure for it; Idid not put the wedges in the door; } pushed the door open, and it did not seem to be fastene® at the time I went in; no one wentin with me; when I went in the room in the morning to clesn up the blood, I went in alone; 1 told Mrs. Hersey that Mat. thews wae dead, and che was the first one I_ mentioned it to; Jackson did not go into that room with me at any time; I found no other instrument in the house except the knife and fork; I do not know the owner of the knife; { took the blocd up in a wooden pail and an iron shovel; T carried no knife, batchet or instrument into the room; I went into the room alone, and when I found the knife 1 ‘was alone; I went into the room with no one during the night; the knife was covered with bleod when I found it, and lay near his hood; his bands were not tied when 1 found bim dead; I told Mrs. Hersey that he was dead, first, and I afterwards told Mrs. Sanford of it; I also spoke to Mra, Wakeman about it; she was on the bed, sick; [ prayed with Mrs, Wakeman, but I don’t remember telliag fer that Matthews was dead. ‘The jury then adjourned to Wednesday at 9 A. M. WEDNESDAY MORNING—OONFESSION OF SAMUEL SL ‘The jury met at half past nine to hear the tes'imony of Samuel Sly. It was rumored that he would make a con: feasion of the crime, and a large crowd was assembled about Justice Beanstt's office. No person was allowed in the room, however, except the jury and the officers and members of the press. Somuel Sly, ve-called—I haye made up my mind to tell the whole truth, and swear upon the Bible that it is tras; Iwant to tell about the whole transaction: Mr. Mat thews was a man who had been a bad man; I say this in fear of the Lord; my sister had beeu unwell; Matthews came to my houte not fur from 10 o'clock; T eame down stairs and found Matthews there; Wooding was there and said he did not like Matthews; he came there to get ri of a bad spirit; 1 was knowing to it; he had his hands bound, as he had often before; when’ Matthews came in my sister taid she wanted Wooding to stay; Mra. Hersoy let Wooding out aBont4 o'clock in the raorning; Amos Hunt gave the bad spirit to Matthews, and he was hurt- ing my sister with bis bad spirit; I bad a stick about two teot long in the table drawer; I took tis stick and went into the room to prevent’ Matthews from hurting my vister any more; I put we in the door; L was io- fluenced by a wrong, seirit to go farther thin I antici pated, or had any idea of; T came out and told Mrs Her- sey that Matthews was dead; I had some blood on the sleeve of my shirt, and took it off and put it in the stove; stayed in the room above when I went up stairs, and prayed for some length of time; told my sister a’ the particulars about it; am not prepared to tell any more that happened up stairs; my sister, however, seem ed relieved when I told her Matthews was dead; I have never made a confession to my sister about the murder, as she supposed he had killed himself; I gave no state- ment to this woman or my sister about it, as she was very unwell; Sanford asked me if] had been in the room: did not snswer him, nor did] answer the inquicies of Mrs. San’ord; Sanford said before he went home, ‘Let us go down and see what the matter is; 1 would say, how- ever, that I stayed in the room about halfan hour after the occurrence; 1 took the stick and cut it to pieces, and ut it in the necessary; put the knife there als, because Tihonght it wawa secre: place; cut the hazle stick into two or three pieces before puttin it there; (a yery little feus- trates my mind, raid w nose hesitating) Thad alight and took it up stairs, but afterwarés put it down cellar, after washing off the blood; I struck Matthews on the femple first, and brought him to the floor; then used the knife, and also the fork; struck him with the stick once before using the knife; as near as I can recollect his hanis were not tied; I did take off his coat; when I struck him with the stick he fell down and did not say a word; the in- fluence J was under led me to do this; -he fell down upon his side and evidently struggled, but’ did not attempt 10 get up; he did not use his hands to prevent my cutting his throat; the light in the room was upon the shelf at the time; as near as I can recollect 1 cut his throat seve- ral times and stabbed the fork into his breast several times; he did not groan much, and did not say anything; J struck him with the stick severai times after he was wn; I held his head up to cut his throat; believe the k was in the room, and it was used for taking the lid off the kettle upon the store; I hid the fork, but after- wards carried it back and potit in the room, soit would have the appearance of his killing himself; took olf his coat after I had cut his throat; caught his blood in nothing, butitran upon the floor; Sanford came down by the door, and tried to get in after I struck Matthews, but the weeges being in the door he could not get in; it was for fear that he would east his evil spirit on my sis- ter that I did this; I never use epiam or spici’s, and had notused them that Sunday night; I had ctder in the house, but did not use any that night; Ieut this hazle stick about a quarterofa mile from my hous; the stick wasahout two inches in circumference; I struck him with the stick with wy right hand; he was sittiag near the stove when I first hit him; Iwas between his chair and the shelf; hit him on the right temple; there was no one with we then; Jackson was in the house, and knew I was geirg to do this; I spoke to Jackson concerning it; Jackson wauted to know where the stick was; J also told him what I was going to do with it; I talked it over with irs. Hersey about having him give up this power; Jack- son said I had better only strike him one blow; my sister was in great distress in the room above; in speaking to Mra, Hersey about it she eaid the witch-hazle stick was better than any other; the platol wrapped up ia allk po- r in the chest Ihave had about two yeara; had it in rattord before moving to Now Haven; the pistol waa not loaded; I took it out into the woods, however, to try it; Mr. Sanford said to me, “Does she (the mes- serger) want him taken away?” I suid yes; the knifo found in the table drawer in the cellar was not used; I only used the other knife, the hazel stick and the fork; 1 bad thought up stairs of doing something only half an hour beforehand; Ithought my sister would die in a few moments it J aia not do this; Jackson was in Mrs, Her- sey'sio0m at that time: when I found the man had such power, Iwas determined he should give it up; he was the “man of sin,” and got his spirit frem Amos Aunt; Hunt brought seven litle cakes and a pie with the poi- son in them; Slater Abby, the messenger and me were all aoe ned by eating them; we sent up to Matthews to get him to come down and see about this poisoning; ho vook the cakes to Ps and bad them analyzed; I spoke to Jackaon on this oceasion, and asket him what could be done, as my sister was so distroased; he spake in reply very low; Inckson said, ‘Shall ask Mrs. Hervey?” he said in answer to this that I could go through ber room; she was knowing to the circumstance of my going through her room, and s> was Jackson; thought 1 would take the stick and do something with it; im_getiing the stick from the cellar I went into Mrs, Hersey’s room before goirg into the room where Matthews was; it was dark, and so I asked her for a light and she gave one to me; bad it in my mind about using the stick, and mentioned it to Jackson, and he spoke about it to Mra. Hersey, and she gave us the privilege of going through her room; 1 cut this hazel stick on! two weeks ago, and cut the stick tor the purpose of mak ing a ten of the bark, but when I got home and put it in the drawer, I thought it might be used for the purpose | put it to; | had never had ft in the room where Matthews was; knew Matthews was coming, but did not know whether it would be Saturday or Sunday night; no one knew I had this stick in the drawer but Jackson; J spoke to Jackson about using something to stop this “ power,” when J was up stairs, thought 1 would go and get the stick and me it; Jackson seemed to feel bad because my rister Won so unwell; I mentioned to Jackson that [had a club or bagel stick; the first person I met after 1 had killed Matthews wat Mus, flersey; told her what had been done; she eaw my bloody shirt. and gave me the privilege of putting at in her stove; her stove hale Kittle hole ta it, and | put it in through this hole, and pw i over it, she was standing by at the time me do it pears to me that I came out of the room with ihe light and the stick ia my hand; aie saw the siick in my hand, covered with blood; mentioned to her about havirg the stick put in the nesessary; thought it would not be found there asquick as if secreted in the cellar; she thought it was best to put the «tick im the necessary; Mrs. Hersey seemed to feel very bud at the time | told her about killing Matthews; put the wedges in the door betore I struck bim; after Thad killed him went out through Mrs, Hersey’ room, and took her dipper, and got some water ou: of a hogshead standing by the door, and wasted way hands; these wedges were made a long ime before I used them, were not made for the occasion: Mrs. Hersey thought Wootiog went out about 4 o'clock in the morning; still Ihave no means of knowing, Inatied down the windows the night bofore Matthews came, and did it because Matthews was coming: the people up statre (hought that Matthews hod killed himself; have made no other confeesion about this, not even to my sistir; Sandford ratd to me “Huin’t we bitter go down and ace what f+ the matter?! but I did not want to go. Noone was in Mrs. Hersey’s room when | came there, after killing Matthews; thiok Mrt. Hersey mentioned to me something about waving my hands in & basin; warhed my hands and then tore off my shirt sleeves they were covered with bloxd up to my shoullocs: put the ahirt on last Suoday, and now have ton. (Witnons with (he sleeves torn olf.) Did that my pantaloons were covered at [ the | on when | kiled now have An vat vithews » another on 1 tury.) 1 shall be 70 ‘# old next November; itved in New Haven 17 years; have had 17 children, nine of whom are now living; have been a widow 20 years; I formerly resided in Greenfield—thea moved to New Ha- ven; my brother hap also resiGed here; he is about 60 Zeett of age; Ihave teen a ‘messenger from God about ears; experienced religion at time and walked with Josue Christ ever, since; Acat experienced religion because my husband abused me, ani! expected to die, and he finally kil'ed me. After my husband killed me, I was dead seven hours and then 5 two angels stood beide me when I went to heaven, and’ touched me with their b: ight swords, and I rose again; saw there all that was dead, and there they were under the cloud of death; when J was there this cloud parted, and my split went one way and theirs the other; they all then held up their Mttle right hands, and I rejoiced; the two angels turned to me, and then t went up to heaven; there was a red Nght and many white clouds there; Christ came to me when I was in heaven, with’ his nails in his hands, and spoke peace to my soul; because he spoke peace to my soul I raised up, and another spirit came to, me dad spoke, saying: “Mak peace with God ;’? I then kept on praying ; took me to Paradice and told me all about Adam and Eve, and all the other spirits; this light then came on me #0 that I bad to look up, and the spirits said I was number- ed as one of them; was taken upto Heaven from this place of light, and then saw Christ and all the holy an- gels; Christ had on the thorns and looked as he was when crucified; then saw God sitting upon his throne in all his glory; about the throne were all the angels in thelr white robes, acd they were all happy agirita there; this spirit then came and took me back toearth; an when I got back to earth again I saw my dead body lyin, on the flocr; I felt bad because I had come back to. this wicked world to live agatn; Isoon saw my wicked huv- band, who said, “By God, she’s raised;”” soon after I saw two angels who came to me and #poke to mo kindly, and then Christ appeared to me, and I fell down before him; and ob! how happy I felt, and how happy I then was; I went 10 God with my eusé lust night, and hea a revela- tion from Him; that man was m league with the devil; he (meaning Matthews) got his evil spirit. from Amos Hunt; Hunt attempted to poiscn me. (She wont on and gave a Jong, rambling account of Amos Hunt's: pol- soning her.) ‘the first thing I knew of the murder was when they came up staira searching for s ha‘chet; I knew that my brother had a stick of witch hazel in the house; he sells fhe bark and lives by ao doing; 1 was sick that night and éxpected to cie, and asked them to take Ma‘thews out of the house; he had such a bad »pisit that he was taking away my divive spisit and killing me, by it; Amos Hunt was the man of ain, and he put his spirit oo Matthews: ifTshonld die the Judgment: would come; this man of rin cursed God, and when he died there was @ black spot on the throne of God; in my revelations feom God last night He said if 1 was ‘condemned in this case, the world would be immediately destroyed; in this revo: lution I was told by God that my brother did kill Mat- thews, and that he did it to save the world. ‘This singular revelation here closed, and the ‘“roessen- x from God” (a8 she calls herself) was taken back to jail. ‘The jury then adjourned to 2 o'clock P. BM. WEDNESDAY AFIERNOON, ‘The jury met at 2 o'clock pursuant to adjournment. Before proceee ‘ with the testimony, a statement was made that the vaulg of the privy had been searched where iy affirmed thet fe bad thrown the hazel stick with which he killed ews. She) iff Parmalee ¢tated thet Mrs, Wakeman, the “mes- senger,” desired to inform the jury that if any of these men were corvicted cf the crime of which they were charged, the world would be immediately destroyed. ‘The bazel stick (in two pieces) was exhibited to the jury, alko the knife wita which he committed the deed. 6 blade of this knife was not quite two inches in length. Hair was discovered on the hazel sticks. Almeron Sanford recalled—I wish to state that Juckson said to Matthews, ** You know that you are killing the ‘mesrenger,’ and you know that you ought to be killed, for you have this evil spirit and your life ought to be taken;” he further «aid, ‘You know you should die: 1 then went up stairs, and in about five minutes'I heard this noise; Wooding was then away; { then tried to get into the rvom, but they puiled me back, and yard, “Stop, stop, if he is killing himself he'll be raived;”? ms: trusted that he was not committing suicide; have a fami- ly in Hamden, of seven children; the oldest 1s but 16 years of age. Mrs. Almeron Sanford recatled—I have been in the jai in the same room with Mrs. Wakeman, the “messenger,” she told me last night that she had a revelation from God and what it was. Justice Bennett here discharge’ Mr. and Mrs. Sanford, end told them they could go home, and advise them noc to go the house of Sly any more. Thankful 8, Hersey recailed—I saw Samue! Sly tear off the sleeves from his sbirt and put them in my stove; see him have a stick in his hand that night; never heard him ray anything about the hazel atick before that night; did rot know that this stick was inthe drawer; told him where he could wash his hands that night} had some conversation with Sly about the stick; cannot tell whether 1 advised him to bury it in the cellar or not; do not want to vay anything against that poor man—uncle Sammy; think, however, I had seme conversation with him about 1 Ktick in the cellar; seen his hands were 4 some blood on his shirt; saw.no knife in his hand at that time; got the wash basin for him, and he then went out of the door; what I have stated ‘now did not come to my recollesti7n yesterday—not even the recollection of the bloody bands of Sly, and his bloody shirt sleeves; do not wish to criminate ‘him or say any- thing against him: think I hoard him say that he was going down after the stick; supposed that he was going to silence that evil spirit with the stick; he asked me for a light to go into the cellar with, and I gave bim one thonght I heard groaning in the room, but Mr. Sanford made ro much noise | could not hear ‘distinctiy; think Jackson was in the room when I was talking with Sly, but no one else was present; no one was inthe room with ne. when Sly came in with blocdy hands; had my fears that Sly had killed Matthews: we then went up staira to pray, and there prayed that the Millenium would come; we also prayed for the evil spirit in Mat- thews; our prayer for him was just the same as though dhe wine alive: the ‘messenger’” was very sick up stairs, and I cons'dsred her iife very precious; Matthews having thie evil spirit we wee all afraid of him, and were par- ticularly afraid of his eyes, as he always enchanted us through bis eyes, and for this reason we blindfolded him; when Sly came out of the room, after killing Mat- thews, be gave me the idea that he was dead, and tha- he (Sly) had killed him, (The witness here’ hesitated ano did not cem disposed to testify against Sly, but Just tice Bennett told her that Sly had confessed the erime and told all the circumstances.) Witness was then sent buck to jail, and seemed somewhat agitated and rather nervous, ‘The shoes belonging to Sly were here exhibited to the Jury. They were covered with blood dried on the lea- ther. The fork was also shown, which had marks of blocd upon it. Awitch bavel stick, about four feet long, was also shown to the jury, from which the stick was cut that Sly used to kill Mat{kews with, Josiah Juckson recalled—I do net know anything about the case more than I have already s!ated; I would say, however, that at the time, or about the time I heard the noise, Woocirg had gone home: before he went | urged him to stay to ece whether this spirit (in Matthews) should, be mbdued or not. T@aged outside the roora when the ncise was being made! Mrs. Wakeman was up stairs and said she +hould die m five minutes if Matthews was not removed from the house; she said the judgment would come if she should die; I did not take bold of San- ford, to draw him back from the door when he tried to beat it in; I believe witsh hazel will keep away evil spirits; they gave me a walking stick of witch hazel to ‘keep away the evil spirita, some persons thmk that colored people have a kind of coujaration powers, but I got this idea fcom white folks; when Iwas down in the room with Mat- thews be said he wanted the evil rpiri: out, he said “You hed better kill me; Tsaid, “No, Mr. Matthews; we will not do that:"’ Uncle Sammy eaid, “We had better take a stick snd knock this evil spirit’out of him; [ tuld him, “We had better not, and I wid not listen to the proposition: I did suppose that Matihews was dead, but did not know that Sly killed him; Mrs. ford +aid that she supposed he had got his hand) and bac kitled bimsel!, 1 suppored he was dead, but [ did not want to go into the room, for I was afraid of him; T did not let the neighbors know that I supposed he was dead, because I had no business to do so; | rent home, but returned sgaia before morning ; I believe the mille- nium would have come if Mrs, Wakemaa should have died that . The fo of the jury here stated that they had heard all the testimony, and were ready to retire for a The room was cleared, and the ir deliber . at 4 o'clock in the afternoon. After the testi- mony in the case, the jary returned the following ver- dict at precisely fittcen minutes before 5 o'cloc\:— We, undersigned jurors, being empannelled aod sworn to inquire of the cause and manner of the death of Justus W. Matthews, late of Hamden, found dead at the town of New Haven, on the 24th of December, A. 1, 1865, at houre of hhoda Wakeman, and whose Ceath was b; lence. having viewed the body of the a and carefully considerea the evidence presented to us, do on our oaths ray that the said Justus W. Matthews came to bis deat the aforesaid house, om Sunday night last, Decensber 2d or 24th, 1865, between the hours of twelve and four o'clock, from wouncs received by him on hig neck, head ana breast, which were inflicted upon him then and there by a stick, a knife and a fork, in the hands of Samuel Sly, of said town; and the jury also find thankful 5. Hersey, of said town, acceseory before and after the death. Zelores Day, Povem Leander Parmelee, Jesse Knevals, ihilip A. Pinkerman, pan, Henry Stow, Fawin Lee Horace W. Cooper Teering Dorman, A. A. Tutt! John D. Candee, Eiizur Hubbell, James Dorman. New Haves, Deo. 26, 1855. nd thus, after a laborious vession of three days, the ary have rendered we! all acquaint cum h the A. L have known instance Baker and 0’Keefo were present, Messrs. Hopkins Crosby being among the missing. The first witness ox- amined was Mr. McKellar, Clerk of the Chief of Police, who made the following statement :— Tam Clerk to the ince ‘t of 1849; I have charge of stolen msee's ee oat or found; I have ‘no idea as operty, value of perty which has come into my posses- wa during that period. (Here an officer entered, bend- ing under # large quantity of booke, which elicited vome mirth ‘among the members and spectators.) From this book, commenced in May, 1849, 1 there have deen 881 lots or parcels; an inventory of each parcel is made, ‘and the parcel numbered; nea:ly all of this property has been claimed; avery small portion has been sold; this account is up to the present time; when the property is advertised, iP no owner be found’ it 14 returned to the finder; the duties of clerka are to take complaints and affidavits sgeinst policemen, a8 well as varivua other duties; when 8 com; t is made against an officer, he is notified, and requested to filean answer; after he has got through with his pie Dy, Fett Neng it he will ae case, WI e agree 1 Signs & Pa] that effect; if otherwise, and he demanis a Sink Me is tried by the Police Commissioners; I take the complain and if they do not amount to any thing serious, I the papers up to the Mayor; but {f otherwise, the officer in suspenced from pay always; but sometimes he is also nded from duty; notification to that effect nent to the Mayor, mating why he 18 suspended; it the de- fendant demand « trial), he gets it asa matter of right; after the complaints are disposed of they are filed with the Clerk of Common Counsil, and I then take a re- ceipt, the Captains of Police are obliged, by general or- der, to make a return every six mon‘hs of suspicious per- sons and places in their district—auch aa policy shops, gambling houses, resorts of thieves, improper women, mock auctions, &e.; there has been no notice sent to Hearn, at any time, to my knowledge, to the effect that a descent was about to be made on bis house; [consider such asvertion @ slander; I have never issued orders for procuring testimony in regurd to suspicious per- only in particular cases; When a complaint is ie to the Chief of Police in relation to mock auctions, &c., he immedistely sends an officer with the complainant, who makes affidavit of the fact; I have known’ several cases where money has been returned, but the complainant did not preas for e prosecuticn; I had one sale since] have been clerk, which amounted to about $129, and I have an impression there was one more, when property was sold by auction; there is property remaining now—a package of stayinoes, an umbrella, a box with twenty-four black parasols, found by a pewnbroker, who deposited it at our office, in oréer to find an owner. (Mr. McK. here enumerated sun- dry other emall articles. (Property taken trom prisoners, previous to the passing of this last act used to be re- turned to them or their counsel; now we don’t take any from them; there was a black trunk there, which was left, with the name of J. L. Norton on it, which was de- livered to the Surrogate; a prisoner may be locked up at the Chiet’s office probably about a couple of hours betore geing before a magistrate or committed; if he demands counsel, he of course is permitted to see him; I have never known a man to be locked up all night without the order of the Mayor or some magistrate; there are only two m the office now who were there when I first went here, and | they have been off and on during that time; within the last thiee years I do not know how many changes haye taken place among the detailed policemen at the office; there are four- teen detailed there; there have been two or three changes this year; changes take place more or less every year; or Havemeyer to the present time the Mayor has fen rally detailed the men, but there is no arbitrary rule in thematter; { never kxow, the Cbiet of Police to give his men orders to warn people against gcing to gembiing houres, &.; there are five clerks in our effice; all the butiness we do down stairs is in black ard white, and without the help we have in clerks, it could not be done; the duty of Clerk to the Board of Police Commissioners is to take complaints and evidence; 1 know that he must do that, but of course I cannot state his other duties; Col. Ming is the clerk now; I keep a book with names of policemen and dates of their appoint- ments; there are cases where policemen receive rewards by permission of the Mayor besides their salaries; atthe Crys’ al Palace there were some twenty-two men sent, who were relieved weekly and who received their pay from thecity, but I don’t know if they received any other compentation. The men are rent to all places of public amurement, or shere nusual gather ing oceurs: there are not detailed me yn equal number from each ‘ward 18 usually sent; I don’t enter the cause of dismissal against policemen; the Clerk to the Board of Commis. sionersy enters the charges, syecifications and result of the trial of officers; the clerical duties are immense, ‘The rext witness examined was Justice Mountfort, who testitied as follows:— I have been Police Justice and Property Clerk in this city about fourteen years; I was also Property Clerk pre. vious to being Justice; while 1 was Justice and Clerk I discovered many abuses in our eriminal practice thonght there wes looseness on the part of the magis- trates in their mode of dating business, especially in not giving the cases that came before them the examination That they requirea; the judgment was too frequently biassed by outside influences; the clerks were also not always properly qualified for the discharge of their du- ties; there was also too much interference on the part of the Seputy keepers of the privons with the business of the police courts; instead of leaving the magistrates and endeavoring to carry out the purpores for whish the parties were arrested and committed for examination, they were oftentimes colluded with the ofticers making the arrest to employ counsel for the prisoners; there seened to be an understanding frequently between the deputy keepers of prisons and certain lawyers; when lawyers were sent for in certain cases, the deputy keeper sending the lawyer, and frequently the ofticer mating the arrest, recelved a porticn cf the lawyer's fees; Tbave heard in rome instances of clerks participating in the fees which the lawyers received: I have beea frequently cenvixesd, from ‘circumstances that came under my knowlege, that such was the case; could I have obtained ‘tangible evidence of the fact I should have made an examination of the subject myself; self; more recently since I left the bench Ihave known from 0 to 40 per cent on their fees offered to keep- ers (t prisons and officers to obtain for them cases, which has led to great injustice to prisoners who have no means—the poor being often convicted on slight testimo- ny, the officers being very indefatigable in getting éyi- dence against the parties; while on the other hand, thore who were able to employ counsel interested the officers in thetr behalf, snd #o escaped the puuishment which they deserved; the lsxity of clerks occurred both while I was Judge and clerk; during my time magistrates were appointed by the Common Council; Mr. Stuart was os clerk part of the time that! was Judge; the xity of clerks resulted, | believe, froma system which sprug up under the former organization of the Police partment; when watchmen were employed, there were about fifty policemen deturled for the day time, the city beirg guarded at wight by the watchmen; it was then urual for the magistrate and his clerk to rit alternately each week, and as they were required to be at the Police courts ircm morning tll night, those who sat through the week were exhausted, and the following week was devoted to finishing the business of the preceding one; atier’ the reorganization of the police, the magistrate and clerks were required to be at the court room from veven in the morning till seven o’clock in the evening, one half of the year, and from eight A. M. to six o’¢locl ©.M., forthe ovher half; stili the same system was continued of the magix nd clerk sitting alteroates weeks; by this arrangement the publie lost‘ nearly one- half of their services; if one magistrate was ambitions to do Lir duty more than another, policemen would pre fer mab ing a complaint to bir, and thix made his duties more orerous than those of his breth amended constitution was adopted, m elected by the people—a gocd plan in theory but a very bed one in practice, as I think it idle to expect an indepen- dent Justice while he is subject to the popular will; he who performs his duty legally snd fearlessly 1s almost sure to be removed from oftiee when his term expires; for many jears our primary elections have been controlled by “boulder hitters,’ gamblers, mock auctioneers, policy dealers and thieves, who from bad feelings towards the Judge who fcariersly deals the law out io them, ex- pect to elect a successor who would be more lenient to- wars them, or what often happens, their secvices at primary elections are secured by fe class which I ma: call “political eontractors;’? to remedy this evil judicial offieer?, as also the Mayor and Recorder, should’ be ap- pointed by the Governor and Sevate, so far as the consti- tuticn will allow; the Gerke of Folice should be ap- pointed by the Judges, and the policemen to be detatied for duty be elected by them; then would the responsi- bility of business yest where it abould, name'y, with the Justices; J also think that when a prisoner is sen- tenced to pay a fine the keepers of the several prisons, ugon payment of such fine or fines to them, shoul be re qviied to report forthwith to the committing magistrate, avd ay the money into court, getting a proper record made cf the circametanee, and thea the mouey should be paid into the city tressury, and not to the Governors of the Almehause present; [think it would further the ends ustice it a Court of Speeisl Sessions ished, with three Judges, who would have ummen a jury, try all cases of misdemeanor power boa bald jasy trials’ twite week; 1 think th 6 courts would be much fimproved im their morals and etl. erency had the poi inted by a Hos of Potiee Commissione: be removed from all political influer ces, instend of the Mayor, the Recorder wud City Judge, as now constituted; iam satisfied tha durmg the past year some of the most vigilant of our p Vermen, whore Term bad expired, wese superseded by others, many of whom were deficient in the necessary qualifications to make good police officers, and some of whem, | am given to unterstard, have since beea sus- jen! ed and dismissed from the department: many of the experienced lice were superseded, goa other successors appointed, Ve every season to believe, solely upon po- ao grounds, so that it can be readily perealred by apy wan who chooses to examine into the matter, tbat our whole criminal jurisprudence, together with the police department of the city, is subjeet to political changes, thus compelling the members of a’l the depart- memis copnected therewith te become politiciaus by trace. to the great detriment of the publie interests; I consider a change in the precefit system is very much needed. Q. Under the present system of police, do the: wietrares In Qecharge of their duty, or embacri where they embarrn fe town yee th them. . BA salary Hie Tcame here to speak of systems, ughter). ‘by Me Baker tsp) kasow 1 the: pessoa tad elective sysiem Lat out of any law? A. It does not grow out of law, but out of la ens. (. th). Q. In the present number of G 3 for the ends of justice? A. I should suppose it to be suiti- cient for present pt Mr. Baker moved that a su’ should be issued for Colone! Ming, William Russell, John S. Monell, William Falver, J. G. Mulford, James O'Brien, James’ Bowling, Martint¥nyder and H. A. Maynard, in relation to the practice of the Commissioners of Police. The motion was carried; after which the committee adjourned to 10 o’clock this morning. ‘The committee, after a vacation of two months or there- abouts, resumed {ts investigations yesterday. Aldermen Briggs and C. H. Tucker were in attendance, but Alde,_ man Hoffmire was absent, A large number of witnesses ‘were examined on some alleged t of Lieutenant O'Keefe, of the Thirteenth ward, that seeming. to be the principal object which brought the committee together. Tra A. CLarxe, Second Lieutenant of the Thirteenth ward police, sworn, testified as follows :—I have been in the department since 1845; Judge Wood opened a court in our station house two or three months ago; it was in the case of a man and his wife, the man having to go to sea next morning; the man was discharged; no court has been held there since; 1 have heard there were two dismissed from the station house without exami- pation, on am order of Justice Brennan; I don’t know why they were dismissed; the record was in the handwriting of Lieutovant O'Keefe; I never took any responsibility of that kind; we we had an order from the Mayor not to dismiss any prisoners with out investigation. Q. Do you know anything of Lieut, O'Keefe taking lib- erties with a female prisouer? A. | have heard that such was the case down in the cells one night; it was general- ly understood in the station house; there was another; she wac brought in as a lodger; Leaw her in bis bed one morning. Q. Was he in there at the time? A. I asked the door- keeper, and he said no; he had gone out. + Q. Resvecting the woman in the cell—were you in the station house that pight? A. 1 was asleep when he came in that night from a ball; I don’t know anything about him axd the prisoner, «nly what I have heard; the two Veutenants and the captain have each a room; I have never heard of lodgers being allowed into their private rooms. Sante Mento, of the Thirteenth ward police, sworn, testified—I was’ attached to the police about four years; my time expired in Octoder. Q Do you know sare of Lieut. O'Keefe and a fe- male lodger? A. Yes, 1 recollect the occurrence; | re- turned from my ‘beat at 2% o'clock; when he came out of the station house be told me there was a very hand- some woman brought in by David Carpenter; he guid she was dressed very tasty; he told me he put her into his bedroom; I advised him to take her out of that, and put her in ‘he cells amorg the prisoners; he said’ he would not; that he would like to Lave a little private converra- tion with her; he went away, and 1 thought it was strange task for a lieutenant to one of his men; I return- ed to the station house about sunrise, and saw'a woman, who I was told was the same, coming out of the sitting rem which was near Lieut. OKeefe's: weveral of the men told me that David Carpenter was seen in Mr. O’Keefe’s room éressing her. Q. Do you know of Lieut. 0’Keefo’s eae any liber- ties with a female prisoner? +A. Only what J have heard. Q. Do you know of any court being held in the station- a uty A. No, sir; Ihave heard of prisoners being dis- arged. ‘Wo. Cuuncana, policeman of the Thirteenth ward, sworn, raid—I have bern an officer upwards of four years; 1 saw two women in Jieut. O’Keefe’s room at differen timer; I never saw bim in the room with them; I don’t know snything of tho affair of the female prisoners; [ don’t know what the woman was doing in ieut. (’Keete’s room; I saw David Carpenter in the room with her at 7 o’elock in the morning, pinning up her clothes; I know of prisoners having been cismissed from the station house; don’t know by whom; I bave not heard of a court being held there fora year and a half; then it was held by Judge Wood; they were boys who had been arrested for stealing chickens; I arrested young man about seven o’clock in the evening for aswaulting me, and at threo o'clock pext morning I saw him on the corner of Broome and Lewis streets; this was on the 7th of December; bis name was Urderwooa; there was ano- ther young man, who was arrested for striking cfficer, Kirk and be was discharged at the same time; we have sometimes stolen property in the station house, but itis always sent to the property clerk as soon as possible. POtlees Joun 0; Aesore awora, deposed as follows:— Helped to arrest a man on the 9th December; it was Councilman McConnell; it was for on assault and bat- tery on three men, two of whom were officers; I under- stood he war discharged between 11 and12 the same night; Lieutensnt O’Keefe was in the station house; there charges were not made before the Mayor, not to my knowledge: one court was held there about two or three by Justice Brennan: I understood that Mc dischary on an order from Justice Bren I have heard of other orders on which jsoners of the affair with ave heard; I heard nan; were not discharged ; I know nothin the female lodger, except what I 1 that about a month ago he was down in a cell with a female pee, lL understood charges were made against a : him bet re the Mayor, but I’m not certain. Officer Jouy Gannen, of the Thirteenth ward, sworn, testified as follows:—I did not assist in arresting two men some time ego; 1 Con’t know who was tne officer that injured in aresting a priscner; I kaw a woman in station house, but she was not in Mr. O’Keefo’s room; I don’t know of his having an intimacy with « female pri- sonér; Ihave been on the police about two years and eight months, Officer JacorfCons wert, offthe Thirteenthgward, aworn, said:—1 know notuing of ‘Lieut. O’Keese of my own per- soval observation; I cid not sce a woman in his room; 1 saw him come out of his room during the night it was Teperted she was there, but Tid not see, her; 1 know no- thing of the case of iny own knowledge; ‘there were charges made against bim to the Mayor, and [ gave all the infomation I knew of before him; I was in the sta- tion house one night that a court was held there, and seme prisoners were dismissed; it was at the time of a primary election $1 know of no ‘one being disuissed with- out an examination, Officer Baven, of the Thirteenth ward, was the last witness examined, ard it was with the greatest reluc- tance ihat be testified. Ac dressing Alderman Briggs, he said, “I do not tike this business; yousnd I kuow each other well, Alder ‘and Lwould sether, not have any- thing to ray upon ater. Alderman Briccs—We only want to put a few ques tions to you, Officer BRUst—I have rome feeling upon this subject; I have already been before the Commissioners of Police about it, and I have some delicacy in peing brought up again op the same thing, now that it has been decided by them; ifwhat I testi/y would put matters right, I have no objection; but when it can do no good, the truth had betier be left as i Aldermen Brics—Yes, but we want your testimony for the purpose of aoing good. Cficer Brvsr—Weill, i hope the committee will have forme consideration for me, Alberman Briccs—Yes, sir, we will. Sit down, Mr. Brus. 1g ice Bueam—I don’t care if T do; 1 have just taken a itte Aléermen Brocs—Well, Mr. Brush, there is a little affatr urder consideration respecting the police of our ward. Officer Bresn—Well, what is it, Alderman * Alderman Brces—Something about a little familiarity on the part of Lieut. O'Keefe with one of your female loegers. Cficer Presi—Yes, sir, I anticipated that that was the sudject you wanted to examine me upon, and { told you 1 chee made oath as to the tact, and it is on record be: fore the Mayer. That is the reason I don’t want to go over the whole eubject again. Alderman Bricer—Well, you understand this is the matter which the committee have under censideration, and if you know of any abuses in the station house we want you to state them. Cficer Exren—1 have made them be‘ore the proper auibort and the ecbarges which were brought betore the Mayor were dismissed, Alvei men Bricce—We only want to see if these things were done properly. We are from the peopls, and if arything has been smothered or concealed we want to know of it, he conclusion of this interesting conversation, Off 1 proceeded with bis testimony as follows:—I am in the station houre: on or about the third of Avgust Jost, 1] was on duty in the station house; my tour commenced at 12 o’¢losk at night; the doorman told me he colling of the roll, the number of privoners and the station house; Lieutenant (Keefe called about fifteen minutes after, he went from the * the rel ube rocm, at I supposed, into his bedroom; I believe T ave a memorandum of it; at twenty minutes to three lieutenant O'Keefe esme from his bedroom, I suppose, into the sitting room, and said he could not sleep—that he would go and get some coffee; he raid he would be bwek in time for Lieutenant Clarke to go out, and he was after this I woke Lieutenant Clarke, and Lieutenant O'Reele went {o his desk; whem the time for sweeping cemmenced, | told Lieutenant O'Keefe i should raise a dust: he said, “ Never mind,” but soon avter went into his bedreem ogain; it came to my knowledge the next day tbat a woman had slept in his room that night; the next dey ( ficer Thorn aaid tome Tdid not turn out ail the lodg- ers; he said a young wowan bad been kept tp statra semewbere, and the Captain sent her to the Pelice Court; at tundown that day, Lieutenant Clarke and 1 wee sitting at the door together, when a weman who takes charge of the station cane up sud subi, “do you know that O'Kee/@ had a Reston lady in bis room all night? He brought her down ardgct me,” she said, ‘to get breakfast for her, which I did; but [thought rhe wie @ cousin or of his I woold wt Lave Cone-it;” Tiel’ a little sore at being made ao Ay coor mn to Puch pen; Ttelt th "ai Stropg and Justices. TOE PEOPLE ON THE RELATION OF DAVIES AGAINST COWLES—DIFFICULTY ARISING OUT OF THE DEAT. OF MR. JUSTICE MORRIS. Roossvatr, J.—The question involved in this contro_ versy—although of some interest, no doudt, to the imme- diate partiee—is of far greater importance when regarded ‘as it should be, in » public point of view. , Shall a seat on the bench of the Supreme Court—vacat ed not by the regular expiration of the term of the in- cumbent, bat prematurely, by death or other special cause, happening at however short an interval before a general election—be filled on the instant, without legal notice, and without the bility of legal to the ‘ody of the electo:s, pa gry ee of tue enehtaned forms of law, by a few, and ne here by @ single voter, weed chance to be cognizant + ndge, al election, known hi : spirant, thus, in effect, appoint a successor to occupy ieee See fs oe souls: unex] erm! perhaps % stat. ed,) is the question now ae fps dl the new constitution of this State, which went into operation on the Ist Jan. 1847, the of the Su- preme Court who, before had been yy yr by the (o- Yernor, and to hold their offices till of 00, were made elective directly by the people, and to hold in ordi- be rape for the ‘xed tors it years from the first day of January following their elestion. ‘Thia racical change in the constitution rendered ne- ceneary Legislature, therefore, were directed to ‘ times’ for holding elections for Judges, and the mode of filling vacancies should any onct the Go- vernor to the power of making temporary appointmen's when and as long only as under the cireumstances be necesrary. On the 7th of May, 1847, » new act respecting elections — was accordingly jarsed, declaring in effect that the judges should Ee ctiosen at the general elections for State officers; that such elections should be held on the Tues- ay next after the first Monday of November in every year; and that the Secre‘ary of State, in addition to the notice thus given by the law iteelf before the: first of Eeptember (an interval of two months at least), issue a particular notice specify the offic tobe © elected to fill the plsces of existing bents, and be- — fore the 15th of October (an interval of eighteen days at least), a he notog of nny vacanoy “proper to be sup. B fed at the ensu’ genial lotion fying the aa the pame of the officer, and @.when his term, in the ordinary course, would have expired. Bere then, as it seems to me, is a eae declaring by the most necessary implication 1 no yacancy by death shall be filled at ageneralelection, (that is, an elec- » tion to be held as early, perhaps, as the 24 of November, ) uniess the death creating it has occurred as early at least as the 14th of October—in other words, that the vacancy in such case is not, a# the statute expresses it, ‘<a vacan cy proper to be rupplied at the general election next suc. ceeding the happentog thereof, and must tberetore bol supplied in some other manner, ‘And is pot such # determination, whether express or! implied, within the con+tisutional power of the Legisls- | ture?—a power necesserily resulting from the constitu. tional injunction that the Judges coating no distinction between casvaliies and ordinary expirations) ‘shall be electe at uch times as may be prescribed by law,” and from the further injunction that as to “ vacancies in par- ticular, (making no distinction between judicial and other offices) © the Legislature shall provade for titlfng” them. | If the Legislaiure, as to the regular and ordinary elec-_ tion of rags ye have the absolute power of pi biog the times of such elections, and, as to the abnormal and extraordinary election cf Judges to fill vacancies, have, the aeeae power of presoriving not only the times, but afl other particulars, how ean it be said that they have not the power to enact, as in effect they have done, that no election to fill a vacancy shall take place at time which does not admit of at least eighteen day: bape the 16th of October to the Tuesday after the first Jay of November) to notify the electors of the fact and o the nature of the vacancy, and to enable them under stendingly and properly to fill it? ‘The justice ef thats seasoning, #0 for aa 8h fs foundéa of the constitutional provisions thus far alone referred to) neers to be conceded. There is, however, another con stitutional provision, it is said, ‘which entirely change the aspect of the argument—and that is the one con” tained mm tte thirteenth section of the sixth article. | ‘The punctuation of this section, and ita farmediate con | nection with the one which precedes it, are importan— features in jning its meaning. In both these re_ spects the ci.ations in the relator’s printed argument ar” calculated, though no doubt not intended, tomiales’ The twe ‘sections, althovgh in immediate juxta jiion, and on the same subject matter, ar fetached from each other ; and them still further the clauses of the latter section are again anf from themeelves by the insertion ef a semicolon and capital Jetter in the place in which the original instrv ment was content with # small letter and a comma. 4 The great object of the 12:h section, whether visely 0 not {s immaterial, was to take from the executive an give to the people the power of relecting judicial officer: As it was foreseen, however, that casualties out of thi ordinary course must occur, and that in such case cor siderable time might geo, | intervene before th people could, in am orderly and fn t mancer, | appealed to, an exception—for although in the form « a distinct section it is but an exe to the 12th—a exception, I ray, was inserted, continuing to the exver cf the exig , the appoim power of the Gove: ror, “until it (ihe vacancy) Ahaitbeawepticn ‘at the nex ereralelection of Judges, when it shali be filled by ele: non for the residue ot the unexpired term.’ Che object. repeat, of the two sections together—the Jouding and cor, trolling idea of their framerr—was to make the Judges, + far racticable, elective, and not to prescribe the tim: or the manner of their election. These merely incident:; matters were, in the age of one partof the const tution, to be * a by law,” and in the synoo” mous fenguoge ‘of another part, to be “provided for + the Legislature.” Why, it may be asked, impose th auiy, in Tach aie aoe twice seein, vole ds making power, if, as is contended—10 far at as vacaucler—the whole labor had in effect bec aready eo by the creators of thas power If (speaking of any ana every vacancy before the regi lar ¢xpiration of the officer’s term,) the constitution in) Feratively ordains how and “‘when it aball be filled t electicn,”’ why, in the same instrament, is it declar that the “ times” ston eee all cases) shall be suc, “‘as mey be prescribed by law?” and why in a subs nent independent section, and in » different article, the subject of vacancies and nothing else direct introdueed, and the whole ground covered, in ti) language already quoted, by @ direction crdaining thi “the Legislature shall provide for filling vacancies — office,” &c.? Giving. then, to the 13th vection ofthe 6th article, which the relator relies, the interpetation he conten: for, can it be fairly averred—and that with the moat er mp positivenere—““4hat no ‘ion et the constit cen be found which conflicts with or qualities it?” The framers of the constitution, he sys, and the peop! must Le understood to have employed words in the natural sense, and to hi ended what they rai But docs not in rule gh eer to the two oth rections quoted as to the 1th? "And if no, ia not tly sense, thus ascertained, at least as plainly express: in the two former as the latt And if it § we have, in tbat view at least, a seeming contr diction to reconci:e, and, as will presently be seen, — very manifest and gross avsurdity also to encounter. V_ roust, therefore, upon the relator’s own see i 3 abonden, in some degree, the strict gramma ical mes ing, and’ rerort to.‘ interpretation,” as iti called, * gaye i Johnaon in t the ‘relator rewove the diffi ~ cnse cited by 1 oH , if regarded hi rally and gramtaatiealty) ‘ embry a dein meaning, which involves no absurdity and ‘no cont: diction between the different parts of the same writir then (of course not otherwise) that meaning, appare upon the face of the instrament, ia the one which alo we ave ut liberty to ray was intended to be conveyed.”” But in ndenly of ‘inte: tion’? is it no clear th the provision re] on (section 18 of article 6) by it- and of itself, imperatively, no matter how tnconvenier fixes the time when every vacancy shall be filled election ? If the language of that rection were so clear and + Hicit, it would hardly bave been deemed necessary, ns ne in one of the printed points submitted to us, to m: what by scme might be considezed @ material alterati in its punctuation snd ‘ypegraphy. A semicolon, we hvov. who have read the bistory fea in this eount; may be os significant as a word. typographical teration, unless accidental, carries with it to some exi¢ implied admission. Read naturally—and ay the wor are printed in the instrament fi the twelfth « thirteenth sections, as it scems to me, clearly provir first, that as a general rule (hi of the Fupre Court shall be elected by the people; second, that t Legislature shall ‘“preseribe,’’ or notify in advance, ( times of electing them; and thiid, that in the ex ease of vacaney by death or other ergny f the Gove way make a temporary appointment to iill it unt: pled en to law at the earliest ral el Judges, at which it rhall be filed by electors. Fuch, in my ju t——10 far as the pcint in cont versy is concern a fair pare) of the set ef ihe ocnatitution, a paraphrase borne out by | notuial sense and meaning of the whole instrument (with a very slight indulgence of punctuation,) ina& ance with the very let(er, The whole section, merely serting the usual marks of par reads literally follows =‘ In care the cifice of any Judge of the Cours Appeal, or Justice of the Supreme Court shall be. vacant before the expiration of the lar term which he wes ¢leeted, the vacancy may be filledty poletment by the Governer until it shall be eupplie, the rext general election of Judges, when it rhall be filled,) by election for the lue of the unex) term, Tt is obvious that the words ‘by election,” in ¢ psregrayh are used in contradistinetion to the word. app: intent,” and are immediately connected with intended to qualify the preceding verb ‘supplied that asa consequence the intervening claure (at next geseral election when it shall be filled) ix merely renthetionl, ard , therefore, properly be designs by the uewal parenthetic marks, t the framers the ocnstitution did mct intend, as the relator suppor that the Governor’s appeintment, under all circ: stances, and no matter what the consequences terminate with the very day of the very next ele io, Judges, is further manifest from the provision, tat care ct elective effiees, no pertoa appointed to fill a eancy shall hold bis office, by virtue of euch ay ment, (the Governor’s,) longer than the comme of the political year next wucceeding the fire election after the happening of the vacancy.”’ | lere 4 admission and assertion that the day « jon after the vacancy may fillow ro + ¢ vacnuey iteell, that the offive ne oder eaunot, ond * ‘ re by hy @ corresponding change in the law. iad ba ; he | might | ’ i!