The New York Herald Newspaper, December 9, 1858, Page 2

NEW YORK HERALD, THURSDAY, DECEMBER 9, 1858. THE TARIFF, The Revision Proposed by the Secretary of the In the tables which we published yesterday enumerating ‘the various articles in the duties on which the Seoretary recommends a change, we made a mistake, in giving them from the alphabetical list instead of from the schedules, In his report the Secretary refers to the proposed modifi- Cations in the tarif of 1867 as follows: — Adhering to the principles of the present tariff act, I would recommend such chauges as will produce the amount required for the public service. In accordance with the contained in my last annual report, I | recommend that schedules ©, D, F,G,H, be raised re spectively to 25, 20, 15, 10, and & per cent.’ I see no good reason for having departed im the act of 1857 from the system of deci divisions. The present state of things ahords @ ft opportunity of correcting the error, This change will increase the revenue from customs $1,800,000, ‘upon the basis of the importatious of the last fiscal yea: In order that those interested may know what articles will be affected by this change, should it be adopted by Congress, we give the present duties as corrected. The proposed increase, it will be seen, amounts tofrom one to three per cent, and restores the decimal system :— SCHEDULE C—NOW PAYING TWENTY-FOUR PER CRNTUM AD VALOREM. Ale, beer and porter, in casks or bottles; argentine, slabaita or German silver, manufactured or unmanufac- vured; articles embroidered with gold, silver or other metal, articles worn by men, women or children, of what- ever material composed, made up, or made wholly or in | part by hand; asses skins; balsams, cosmetics, essences, extracts, pastes, perfumes and tinctures, used either for the toilet or for medicinal purposes; baskets, and all other arlicles composed of grass, osier, palm leaf, straw, whale Done or willow, not otherwise provided for; bay rum; beads of amber, composition or wax; and all other beads; Dengoates ; bologna sausages , bracelets, braids, chains, curls: or ringlets, composed of hair, or of which halr is a compo- nent part; braces, suspenders, webbing or other fabrics composed wholly or in part of India rubber, not otherwise provided for; brooms and brushes of ail kinds; cameos, real and imitation, and mosaics, real and imitation, when set in gold, silver or other metal; canes and sticks for walking, finished or unfluished; capers, pickles and Sauces Of all kinds not otherwise provided for; caps, hats, muffs and tippets of fur, and allother manufactures of fur, or of which fur shat! be a compe {mat aps, gloves, | leggings, mits, socks, stockings, wove shirts and drawers, and all Similar artwies made on frames, worn by men, Women or children. and not otherwise provided for; card cases, pocket books, shell boxes, souvenirs, and all’ sin Jar articles of whatever material composed; carpets, car hearth rugs, bedsides, and other portions of” car } being either ‘Aubusson, Brussels, ingrain, peting petng | whether taken in or accumulated there , Venetian, Wilton or any other similar fabric; cayenne pepper; eli ocks; clothing, rea description, of y mat ru e; | e | | | and culm of coal; co Or paste, when set Wise provided for; ec ton cords, gimps and gatiouns court plaster crayous of all kinds kinds; diamonds, gems, pearls, | rubies and other precic 8 and imitatious of precious | stones, when set in g er or other metal; dolls, and | toys of ali kinds; ear china and stone ware, and all | thy or mineral substances, laces, knots, er or other other wares compo: not otherwise prov ide ‘ackers; (ats, braids, plaits, spares w squares, used for making hats or bonuets; frames and sticks for umbrellas, ‘asvls and sunshades, fuished or unfinished; furniture, cabinet and household r, ground; glass, colored, stained or painted; glass crystals for watches; glasses or pebbles for spectacies; glass tum- biers, plain, moulded or pressed, not cut 0” © -inted; paint- ings On glass; porcelain g.ass: grapes; gam zoin or Ben jatnin; hair pencils; bat bod for men, women a: of cotton; hats and bonnets, 4 children, composed of straw, satin straw, chip, grass, paluleaf, willow or apy other vegeta: ble substance, o , whalebone, or other material not otherwise provided for; hemp unmanufactured; hone} human hair, cleaned or prepared for use; ink and ink po’ der; iron in bars, blooms, bolts, loops, pigs, rods, slabs or other form, not otherwise provided for; castings of iron; Old or serap iron; vessels of cast iron; japanned ware of ail kinds, not otherwise provided for; jewelry, real or imi tation; jet and manufactures of jet, abd imitations thereot; lead pencils; maccaroni, vermicelli, gelatine, jellies and all Similar preparations; manufactures of the bark of the cork tree, except corks; manufactures of bone, shell, horn, pearl, ivory or vegetable ivory; manufactures, articles, | wares not otherwise provided for, of brass, copper, gold, iron, lead, pewter, platina, silver, tin or other metal’ or of which either of those metais or any other m be the component material of chief value; manufac cotton. linen, silk, wool, or worsted, if embroidered or tamboured in the loom or otherwise, by machinery or with the needie or other process: manufactures, articles, vessels and wares, of glass, or of which glass shall be a compouent material, not otherwise provided for; manufac tures aud articles of jeatber, or of which leather shall be component part, not otherwise provided for; manufac tures and articles of marbie, marbie paving tiles, and all other marble more advanced in manufacture than in slabs: or blocks in the rough, manufactures of paper, or of which per is a component material, not otherwise provided for; manufactures, articles and wares of papier mache; manufactures of wood, or of which wood is a component part, bot otherwise provided for; manufactures of wool, or | asall other British subjects, being mere squatter: of which wool shall be a component material of chief value, not otherwise provided for: medicmal preparations not otherwise provided for; metallic pens; mineral waters; mwiasses; muskets, rifles and other Grearms; nuts, not otherwise provided for; ochres and ochery earths, used in the composition of painters’ colors, wether dry or ground in oil; olleloth of every description, of whatever material composed; oils, volatile, essential or expressed, and not otherwise provided for; olive oil in casks, other than salad oll; olive salad of, and ali other olive oil, not otherwise provided for; olives: paper—antiquarian, demy, drawing, elephant, foolscap, imperial, letter, and all other paper pot otherwise provided for, paper boxes and all other fancy boxes, paper envelopes; parasols and sunshales; parchment, pepper; plated and gilt ware of all kinds; play ing cards; plums, potatoes, red chalk pencils; saddiery of all kinds, not otherwise provided for, salmou, preserved; sealing Wax. sewing silks, im the gum or puritied; shoes composed wholly of India’ rubber; side arms of every de scription ; silk twist and twist composed of silk and mo- hair, silver plated metal in sheets or other form; soap— castile, perfumed, Windsor and ali other kinds; sugar of all kinds. syrup of sugar, tobacco, unmanafactured ; twines and pack thread, of whatever material composed: ambre! las; vellum; vinegar; wafers; water colors; wood, un. manufactured, not otherwise provided for; and firewood; wool, unmanufactured, SCURDULE D—NOW PAYING A DUTY OF NINETEEN PRE CRYTUM AD VALOREM. Borax of tinctal, Burgundy pitch; buttons and button moulds of ail kinds, baizes, bockings, flannels apd floor cloths, of Whatever material composed, not otherwise provided for, cable and cordage, tarred or untarred; calo- mel, aud ail other mercurial preparations; camphor, Crude, cotton laces, cotton insertings, cottou trimming laces, cotton iaces aud braids, fh iks. feather beds, feathers for beds, aud downs of all kinds: grase cloth: hair bg, and all other manufactures of hair not for, jute, Sisal grass, coir, and other untnanufactured, not otherwise pro: tures composed wholly of cotton, net of. manufactures of goats’ hair or mo: goats bait or mobair shail be a component Wise provided for; manufactures of silk, ponent material, pot otherwise manufactures of worsted, or of which be & component material, not other for, matting, China ana other floor matting, of flags, jute or grass; rooting slates, and Slates other than rooting slater, woollen and worsted yarn, SCHEDULE F—TWHLVE TO FIFTEEN PRR CRNTEM AD VALOREM Arsenic, bark, q Brazil paste; brimstone, crude, or tow of hemp or flax; cork tree bar d, diamonds, glaziers", set or uot se muneral kermes; silk, raw, not m a acture than singles, tram and thrown, or bars, cast, shear, or German; te ne tin 0 plates or sheets; tin plates galva- material, not ot Or of which sii for shall hot otherwise provided for; zine, spelter or teute hegue, in sheets. SCURDCLE G—NOW PAYING A DUTY OF RIGHT PRR CRYTUM AD VALORRM. Ammouia anpatto, Rancon of Orleans: harilla, bleaching | powders, or chioride of lime, books, printed, magazines, Pamphlets, periodicals and illustrated newspapers, bound abound, vot otherwise provided for; building ‘stones wack and lm tations thereof, not set bro. * chips .and parta thereof; cochineal, itions of glass or paste, not set #, pearls, rubies, and other pre or mitatior thereof, when not set, en es, bound or unk hempseed, linseed Fuller's earth; furs, batters’, ‘dressed tot on the’ skin, furs, undressed, | when on the skin; gold beaters’ skins. gum Arabic and gum Senegal; gum tragacanth, gum Bar. | bary, gum East india, gum Jedda; gum substitute, or burnt starch, hair of ai! kinds, un factored, India rubber, in bottles, elabe of wets, un. manvfactured; indigo, kelp. lemoa and lime juice, lim music and music paper with lines, bound or unbound; wb nay vomiea: oils, palm and’ cocoangt. orpiment polishing sv pumice and pumice stones, rotten stone Gal ammonia: satpetre (or nitrate of soda or potash), re. | partally refined, sodaash; sulphuric acid, or oil rrow, and ali other grease and soap uot otherwise provived fur: watches | kinds, not | flocks an) and otherwise prov sOWRL Alcor Sump arte of watches; watch materials of all iu for, woad or pastel F—NOW PAYING FOCR PRR CENTCM AD VALOREM bristles. chalk, not otherwise provided for clay, unwrought: flints, grindstones, wrought of uo Wrought, horns, horn tips, bones, and tooth unmnanutv t vory nute or Vegetable ivory; kermes lac dye. nstings boots, bootees, of but exclusively: m obair cloth, 8 ber manutact uitable for the manufac of shoes, r buttons exclusively pearl, mother of; pewter, when old and ft only to anufactured. rags, of wool, raw hides and skins of | ether salted or pickled, not otherwise for, saltpetre, or nitrate of seediac, shellac, sumac, tory, waste or 6 uoinanufaetured provide erud WApanufactured ; turmeric or teutenegue. vnied for “hot otherwise Note from Hon, M. J. Parrott. Davtox, 0., Dec. 1, 1858. | My attention has been called to an extract from the Lsavenworth (Kansas) Herald, in your issue of the duth | ult. accusing me of having proposed, at ® social party in | Piatte Cy, Mo, “No more slave States,” and represent ing thai | was greatly embarragsed to escape the bal fee! fog Which this offensive sentiment provoked. I never ba sentiment, of any sentiment on the occasion So far, wo, from leaving precipitately, the fact is L spent the day following the alleged outrage on fhe pubiie fair ground, in free and pleasant aan | # Ui the people of the viowity MARCUS J. PARROTT. Claims of the Hudson's Bay Company. INTERESTING REPORT FROM THE QUARTERMASTER GENERAL. QUARTERMASTER GENERAL'S Orrice, Wasnineton Crry, August 18, 1868. Sin—I have the honor to submit a correspondence be- tween the officers of the army at Fort Vancouver and the officers and agents of the Hudson’s Bay Company, on the subject of a fishing houge, of but little value, the site of which is desirable for establishing a wharf, as a landing for the garrison and the supplies of the post, and for their claim to which the company demand thirty thousand dollars. This correspondence was received from the Genoral commanding the department on the Pacific in February last; but it was understood that the whole matter of the claim of the Hudson’s Bay Company was then before Con- gress, and it was not thought necessary to take any action on the subject here until it should be seen how that body would act. The session having passed, and nothing having been done, there seemed to be no useful purpose to be served by troubling you with the cor- respondence. But I have been informed within a few bad past, unofiicially, that the claim of the company is, either now before, or is soon tobe brought before , the Executive; I therefore consider it my duty to submit the papers to you, with such remarks as the careful exami- nation of aclaim go extravagant and extraordinary has aap ot infer from the letter of Governor Douglas that the Hudson's Bay Company clan a fee simple title to the lands which on a south of Columbia river prior to the Treaty of Washington of the 15th of June, 1846. Now, to hold a fee simple, the company must have derived its utle from an individual, a number of individuals, or from a government having a right to grant such a title. The third article of the Treaty of Washington, before re- ferred to, provides that “in the future appropriation of the Territory south of the forty-ninth parallel of north latitude, the possessory rights of the Hudsou’s Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully ac- quired within the said Territory, shall be respected.’ The possessors’ rights secured by this article doubtless in- clude all property taken into the Territory, whether to be used in the fishery, the chase or in the indian trade, or acquired there in either of those branches of business; for ll was property lawfully acquired, So of the improvements made upou the sites temporarily occupied in carrying on either branch of business. But the whole country west of the Rocky Mountains being in the possession of Indian nations, to no part of which had the Indian title been extinguish: | ed, neither the subjects of Great Britain nor the citizens of the United States could, under the laws ofeither nation, or of the treaties betweeu them, acquire any other thaa the temporary occupancy of the sites necessary in carry. ing on their business. To the land, the Compady, as well or at best tenants at will, they could have no othee just claim to the respective sites beyond the occupancy fora reasonable lume, to close their business, and a fair compensation for the improvements made, and these, not of original legal right, but under the provisions of the treaty, ‘That Great Britain coula not rightfully grant lands in fee simple West of the Rocky Mountains to the Hudson's Bay Company, nor to any other British subjects, subsequent to the treaty of Paris of 1768, whatsoever might lave been her rights previously, a reference to her owa history and to ber treaties with other nations will abundantly prove. Cabot, in the service of Henry VIL., tirst discovered the eastern coast of North America, in the fifteenth century; and Drake, in the service of abeth, visited the nort! west coast of America iu the sixteenth century. Accord- ing to the principles recognized at that early period by all zed nations, the prior discovery of the one coast of the continent, and the early visit to the other, justified the sovereigns of Great Britain in granting charters to their subjects, extending from the Atlantic to the Pacific. James the First granted a charter to Virginia on the 23d of March, 1609, extending from sea to sea, weat and northwest, the southern boundary beginning on the At Jantic, in latitude thirty-four degrees north, and running that parallel to the South sea or Pacific ovean; the north ern boundary beginning also on the Atlantic, about lati- | tude thirty-eight, and running in a northwest direction to the Pacific, and striking that ocean above the sixtieth de- gree of north latituae. By the treaty of Madrid between Great Britain and Spain, usuatly catied the American treaty, negotiated about 1670, Spain admitted Great Brit- ‘ain to Certain rights on the Pacitic. In November, 1762, before the close of the seven years war, France ceded to Spain the whole of Louisiana— these nations being then at wr with Great Britain; and in Febraary, 1763, in the treaty of Paris, which terminated that war, the Mississippi river was made not only the British boundary west on this continent, but by the use of one of the strongest words in the English language, an irrevocable boundary; one which, under no circumstances, could ever be changed. By the treaty of Paris of 1783, by which the indepen- dence of the United States was acknowledged, we obtained all south of Canada and east of the Mississippi which was English, and by the Louisiana treaty we obtained from France (she having previously acquired it from Spain) Louisiana in its whole extent. To determine what we reaily obtained by the purchase of Louisiana, we must bear in mind, not only the treaties above referred to, but the course of the northern line of the charter of My! sve and the point where it touched the Pacific; for Great Britain could never, after agreeing to the treaty of Paris of 1763, hold a single spot on the Pa- cific south of that point, without such a breach of faith as, were it a cage in Chancery between individ- uals, ber own Lord Chancellor would pronounce a ease of fraud, whatsoever her claim was worth; therefore south of her chartered line it had become Freach and Spanish, aud became ours with the possession of Louisi- ana But Spain bad in her own right a far better title to the country on the Pacific than either France or Great Britain, and Russia a much better title than the latter. in held the shores of the Pacific by actual possession from about latitude fifty degrees south to thirty-seven degrees north, and Russia from Behring’s Straits to California, overlap ping the Spanish posts. Spain and Russia were then the only nations on the globe who could claim, under the laws of bations, on that coast by continuity, fur Great Britain could not with any justice or even plausibility claim, by continuity from Montreal and Quebee through an uninhab- ited forest of thousands of miles, particularly whea we consider her obligations under the treaty of 1763, and the be wn and termination of ber own line in the charter of irginia. By the Florida treaty of 1818 we obtained all that was Spanish on the Pacific, above the forty-second di of north latitude; and Dy the treaty of 1824, with fone, all that was Russian ‘south of fifty-four forty. We had, therefore, prior to the treaty with Great Britain of June, 1846, known as the Oregon treaty, the only valid title to the whole coast of the Pacific, from nortn latitude 42 deg. w 4 deg. 40 min., because we the whole title of every other nation who had ever made a claim upon that coast. any claim under that > linued the settlement, she bas lost bor claim, if ever bad any. Spain having seized and confiscated the pent. of British subjects, though under the Portu- goese ag, Great Britain interposed aud obtained indem- nity for her subjects for the past, and certain commercial privileges, with rights of temporary occupancy for the future, These commercial privileges and rights of tempo. rary (not permanent) occupancy were all she claimed, it derstood, aud ail she had # right to claim prior to the aty of 1846, Whatevever that treaty gives her, she in good faith to have ; it possibly secures a fee le title to the Puget Sound Agricultural Company, north of the Columbia, to the farms which have been ! {such a company was ever chartered legally existed ; but it does not give a fee simple title south of that river to the Hudson's Bay Company, nor to any other British sujects. Nor can such a title be right folly derived from any other treaty, charter or act before recited ; and I believe all that Lave any bearing upon the case have been recited. T submit all the papers in the case, and respectfully ask the attention of the Secretary of War to the able commu nication of Capt. Ingalis, Assistant Quartermaster at Fort Vancouver, to Dugaid Mactavish, Keq., chief factor of the Hurison’s Bay Company ; and T the honor to be, sir, 1. §. JESUP, Quartermaster General. The Hon. Joux B. Fuovn, Secretary of War, Washington city The Army at Staten Island. HIRADQUARTER® AMERICAN GUARD, —) Tier Recut Lier ivvarrey N.Y. 8M > New Yorn, Deo. 8, 1858. Cot. Rormesow, Commanding 24 Regiment N.Y. 8. Mo— My Dear Cotonst—I have taken the liberty of ordering the right wing of the Tist to parade on Monday, the 13th inst., for the parpose of receiving your command upon your return to the city from your arduous duties at Qua Tantine, trosting it will be agreeable to yourself and com mani! to accept of our escort. A. 8. VOSBURGH, Colonel 71st Regiment. REPLY TO COL. VOSBURGM. 2p Keonernt, ler Brioape, N.Y. 8. M., STATE GUARD, HRADQUARTHRS, Qu ARANTINE GROUND, STATES IstaxD, Dec, 8, 1838 Vosnvron, Commanding Tist Regiment N.Y Con. A. 8. SM . My Drax Covowm—In answer to your very kind invita hon, offering the services of the right wing of your reg! ment for the purpose of an escort upon our return to the city, in absence of Col, Robinson I most gratefully accep the escort, and take this opportunity of expressing the friendly feeling that has always existed towards your command by this regiment, and hope that a continuance of this feeling will never be obliterated. At present we are unable to state whut day we shall return, but will ad dress you at soon as officially notified. In’ a spirit o tefulnees, | once more accept your offer of an escort snd remain, Feepectully, yonr obedient servant, ROBERT IRWIN, Mayor Commanding. Axpraw V. Rea, Adjutant ‘The Ring. CONCLUSIVE CHALLENGE FROM THE “BENICIA poy.’ 10 THR EDITOR OF THE HERALD, It we not my desire to intrade upon your columns with vain and idle boast; but having been compelled, much against my inclination, to enter the ring, I naturally wish to win ip ita reputation by fair avd manly fight. In a card recently published by Mr. John Morrissey—my late angagonist—in response to a challenge of mine, he states, in declining to take up my glove, ‘tbat it is bis intention to retire from the ring,’ but, both in Philadel. phi and Albany, —, stated “that he could whip me.” J therefore reiterate my challenge to fight Mr. Morrissey for any sum up to $10,000, at any reasonable time he may name—a ¢ which, if he has the spirit of a man, he cannot decline, after his recent vauntings. The challenge whieh I thus throw down to Mr. Morrissey. in case hie prudence should get the better of his valor, | extend to the whole world. I am ready w fight any man in Rurope or America, for any reasonable sum up to $10,000. JOHN ©. HEENAN, ‘The Slaver Echo Case. ARGUMENTS ON THE WRIT OF HABKAS CORPUS. . Conummia, 8. C., Deo. 4, 1858. ‘The Court met at ten o’clock precisely. The prisoners in the slaver Echo case, sixteen in number, were brought into Court in custody of the Marshal and his assistants. ‘The Court—Have you any return to make, Mr. Mar- shal? Mr. Hamilton—If the Court pleases, I have the foilowing return to make to the writ of habeas corpus directed to me on Thursday last:— ‘The United States of America, Sizth Circuit, District of Carolina. Exparte—R. T. Bates, Alexander Rogers, Archibald Scott, William Henrys, Dominico Dellepiane ‘George Paken, Johu ’ |, Antonio de Almeyda, Jose de Costo, Juin Bar- ber, Jose, John Pasco, Vital de Miranda, Jose Gonvales Lima, Antonio Milanovich and Jose Francisco. To the Honorable the Judges of the Circuit Cuurt of the United States for the District of South Caroluna:— D. H. Hamilton, United States Marsha! in and for the district of South Carolina, upon whom a writ of habeas corpus has been served on motion of the parties herein- before named, for return thereto, and in obedience to the mandate of the said writ, brings here into Court the bo- aies of the aforesaid prisoners, aud certifies to this honor- able court that the said persons were arrested by him on the 28th day of August, in the year of our Lord, 1858, by virtue of a warrant of arrest directed to him and issued under the hand and seal of Robert C. Gilchrist, Esq., a Commissioner of ew hiyees for Recep Fr South Ca- rolina, commanding a the said persons oa a charge of having violated the ath and bth scctione of the act of Congress, sepreres, 15th May, 1820, and bring them before him, the said Robert C. Gilchrist, to be deait with and disposed of according to law. That the persons aforesaid were brought before Robert C. Gilchrist, and an examination being |, were by war rants of commitment date the 27th day of Septem ber, A. D. 1858, committed to the jail of Charleston dis- trict, which said warrants of commitments are as fol lows ‘The United States of America, South Carolina District— R. C. Gilchrist, Esq., United States. Commissioner in and for the district atoresaid. To D. H. Hiswiitou, Esq., Marshal for said district, or his lawtui deputy, and to the keeper of the common jail in sui! districl— ‘These are to require you forthwith to convey and deliver into the custody of the keeper of the said jail, the bodies of Thomas Joseph aud Dominico Dellepiane’ charged before me, on the oath of Joseph M. Bradford, a Lieutenant in the United States Navy, and others, with being of the crew of a brig called the Keho, owned by a citizen or citizeus of the said United States, and receiving on board such yes: sel, owned as aforesaid, certain negrovs not held to ser- vice by the laws of either of the States or Territories of the United States, wh intent to make such negroes siaves, in violation of the fourth and fifth sections of the act of Congress of the said United States, approved Muy 15, 120, declaring the said offence pirac; ‘And you, the said keeper, are hereby required to re- ceive the said Joseph and Detlepiane into your custody ia the said jail, and them there safely to Given under my hand and seal, at Charleston, this 27th day of September, 1858, and in the eighty-third year of American Independence. R. C. GILCHRIST [L 8.) United States Commissioner, South Carolina di 5 That warrants of like tenor and date were issued for the other persons named in the said writ, That this respon dent, under and by virtue of said warrants, brought the said persons, as committed, to Columbia, at the present term of the Circuit Court of the United States, aud that they are now detained in the jail of Richland district ua- der said commitments. DH. HAMILTON United States Marshal, South Carolina district. Mr. Conner—I would submit to the Court, if your honors please, in addition to the return, the depositions on which the commitments were based, and put them in evidence, in order that your houors may see whether they offer sut- ficient ground for the continued custody of the prisoners. ‘Mr. Spratt, for the prisoners—It tie Court pleases, we must oppose the introduction of the testimony on which the commitments were made, as tmprover at this time, The commitments have been mate, aud the only question to be submitted to the Court is whether those commitments are sufficient and valid. If the proposition was to commit the prisoners over again, then the intro- duction of the testimony would be proper. The only pro- ceas under which the prisoners are now held is the com mitments. If the counsel desire to produce other facts hereafter, we will meet them thereon at the right time; but I submit that at this stage of the proceedings the va- lidity of the commitinent itself is alone before the Court, Mr. Conner—If the Court please, when a prisoner is brought before the Court on a writ of habeas corpus, the validity of the commitment as a legal document is not alone to be tested. Isubmit that two points of iquiry are before the Court: 1s the commicment legal, and are the facts upon which it is based sufficient to warrant the commitment? Up to this time your Houors know uothing of the merits of this case as regards the evidence, and can learn them by uo other mode than by an examination of the testimony on which the commitments were made. The usual mode of proceeding on a return to a writ of habeas corpus is to produce the testimony as well as the Dodies of the prisoners. I propose, in addition, to lay be fore the Court an affidavit on waich I shall move the recommitment of these prisoners to jail Mr. Spratt—We shall present the same objection to the introduction of the affidavit that we do to the introduction of the evidence. The commitment is a judicial act done and accomplished. It is the only act before the Court. If the counsel desire to go behind that act, and to bring before the Court evidence adduced prior to the commitment, it must be done on certiorarl. This same question met us at Charleston, when we ourselves desired to look bebind the proceedings anterior to commitment. Objections were made by the prosecuting counsel, and we were not per- mitted to do so, 1 must still insist, therefore, if your honors please, that the only question’ now presented to the court, and the first in order, is whether the charge in these commitments is sufficient to hold the prisoners. The Proceedings proposed by the District Attorney are not in order until ‘question is decided, nor until the prosecu tion is prepared to discharge the prisoners from their pre- sent custody and attempt to procure another commit ment. Justice Wayno—In regard to the introduction at this time of the evidence upon which the commitments now under consideration were based, 0 far from the District Attorney being wrong in the position he has taken, it is competent in ali such cases for (he Court to call for and require the production of the proceedings prior to the com- mitments, in order to see whether the commitments be rightfully made, But the Court understands the objection of the counsel to extend also to the affidavit of facts pro- posed to be handed in by the prosecution. Surely it is competent for the Marshal, in return to a writ of habeas corpus, to show, by affidavits or otherwise, that grounds for the commitment exist. I doubt whether any possible cireumstances can be conceived which wonld render it proper to deny the right claimed vy the District Attor- ney. Mr, Conner then read the following affidavit — United States of America—Sizth Circuit, Distritt of South Carolina: —James Conner, United States Instrict Attorney for the district of South Carolina, personally appearing be fore me and duly sworn, deposeth that, from the test: mony of respectable witnesses, now under recognizance to testify on the behalf of the United States, the following facts appear — That on the 2Ist day of August, 1858, on the high seas, near the coast of Cuba, the Dolphin, a commissioned ves: sel of the navy of the United States, captured a brig sail ing under the American flag. That inthe hold of said brig. were fommd over three hundred Africans; that the following persons, now in custody, were of the ships company, at the time of capture, namely :—R. T. Bates, Alexander Rogers, Vitata! de Miranda, Jose Gonzalez Lima, Archibald Scott, Jose de Costo, John’ KE. Copell, John Pas 0, Geo. Aken. Wililam Hauryo, Antonio Melanowieh, ohn Barber, Thomas Jose, Domini Francisco. That none of them themselves to be the master, the mate, or of the That no ship's papers. or national flags were found mm board. That the worss “Putnam, New Orleans, were on the stern of the said brig, partially erased. That the brig was registered in New Orleans the American brig Putnam; that she was owned by E. ©. wheend; that EC. Town send is an Americun citizen, and was on board at the tome of the capture; that the said brig had sailed from New Orleans for the coast of Africa on the 6th day of March, 1866; that on that coast the said Africans were received on board; that from the coast of Afrien the said brig, with the Africans and 8 mpany on board, had satled to the point where she was captured; that her sig nai for landing bad been made to, and answered from, the coast of Cuba: that after the capture, the brig, with into the port of Parolina. the partien named above, were brought Charleston, in the district of From the Uae briefly ri that th st and reasonable gr above named to a charge of vi and fifth sections of the act of Congress, approved May 15, 1820. Affiant further states that bills framed under said act were sent to the Grand Jury at the present term of this court, and the witnessee above referred to sworn and = to the Grand Jury, but that the said jury ignored the ite. Affiant bas reaton to believe, and does believe, that the action of the said Grand Jury was not induced by the in- Melency of the testimony, but was based on the sup- posed invalidity of the law under which the parties were indicted. AMant therefore prays that the said parties may be held under arrest to await the acti of another Grand Jary, to whom bills of indictment Inay be preferred at the next regular sitting of the Circuit Court of the United States or the district of South Carolina, Sworn to before me, thie third day of December, 1858. H. Y. Guay, Clerk of Circuit Court JAMES CONNER, United States Att . Dietriet of South Carolina. Mr, Conner—If the Court please, it is the usual practice when parties ‘A motion in court to do so by affida. vits. The prisoners are now in court on a writ of habeas corpus. ¢ motion on the part of the defence is, that they be discharged. The motion on the part of the cution ie, that they be remanded to jail, to await the ao- tion of another Grand Jury. The case was then submitted for argument. The Indians and the Army. TO THE EDITOR OF THE HERALD. In your publication of the 20th ult., inthe news from the Pacific, you quote from the Portiand Times (an ad ministration paper) some statements in regard to the Indian troubles of that country, which seem to fully cor roborate the statements of the Henan of July Iast—vin., that there was a Mistake as to the number of hostile Tote mid to engaged in the fight with Col. Steptoe ip the Spokan country. You stated farther that the Tndian troubles in that country could not all be amicably eettied without incorring the expense of sending an army there. Tt now seems quite evident that had the advice of the Herarp of July last been taken by the government, it would have saved a large amount of money. DecemnEn 6, 1868. Supreme Court—Chambers. Before Hon, Judge Clerke. Dee. 8. The People at the relation of Thomas MeSpedon and others et. Andrew V. Stout.—Ordored that the order allowing peremptory mandamus to iseue be vacated, and fu ite place an order for an alternative mandamus be entered. Ten dollars coste to the relator Seath THE CANCEMI MURDER TRIAL. ‘The Fourth Trial of Michael Cancem! for the Murder of Policeman Anderson—Great Ex- citement in Court—The Jurors to be Kept 4n Close Confinement until the Termination of the Trial. SUPREME COURT—CIRCUIT. Before Hon. Judge Ingraham. Dee, 8.—The People vs. Michael Cancemi.—The court this morning was so densely crowded (one thousacd Jurors being in attendance) that access was obtained under very great difficulties. The calling of the names ‘was commenced by Mr. Sniffin, the Clerk, who, at the re- quest of the District Attorney, was assisted by Mr. Van- dervoort, the experienced Clerk of the Oyer and Terminer and Sessions. The officers at the doors repeated the names of the jurors with stentorian lungs throughout the corridors, and several minutes elapsed before each juror could make his way to the stand, The Attorney General (Lyman Tremaine), District Attorney Blunt, and Mr. John McKeon appeared for the prosecution, and the Messrs. Blankinan and Ashmead for the prisoner. Previous to the calling of the jury the defendant's counsel submitted the following :-— ‘The defendant, Michael Cancemi, now present in court, and being catled'on for trial to the aforesaid indictment, charging him with the murder of one Eugene Anderson, now offers to the eaid indictmont four pleas in bar, as fol: lows, which the defendant asks to have received and filed in the said cause, and which pleas he is ready to main- tain and verify, to wit:— Plea No. 1. A plea of autrefois convict, upon the same indictment on which he is uow arraigned for trial, he being the identical person who is charged in this indict- ment, and on which he was convicted at a former term of this said Circuit Court. N Plea under article Ist, section 6th of the State of New York, that he was once in jeopardy of life on the said indictment, and for the same offence, aud cannot a second time be placed in jeopardy for the same offence. No. 3. Plea under Bill of Rights of State of New York, section 13th, that he was ouce in jeopardy of life on the said indictment and for the same offence, and cannot a se- cond time be placed in jeopardy for the same offence. Upon article Sth of Amendments of Constitution of Ui States, that he was in jeopardy of life ou the said indictment, and cannot a second tie be placed in jeopardy for the same olfence. lotion denied. Prisoner excepted. Attorney General Tremaixe said:—If the Court please, on Monday the counsel for the prisoner asked the Court, asa matter of indulgence, to postpone the trial of this cause until Wednesday. ‘That request was grante: was accompanied by the positive assurance, on the the counsel who made the motion, that on Wednesday the prisoner would be ready to proceed to trial. Wednesday comes. We are now met by another application to the Court to receive four pieas, the effect of which application, if granted, will again postpone the trial, which, ou Mon day, the covugel assured is the prisoner would be ready to enter upon today. To say, urprised by the offer of this piea would’ be to say what ix not the truth, for with the past experience that f have had in this caso ‘Tam not surprised at anything which is designed and calculated to produce delay and embarrassment, or to hinder and obstruct or defeat the course of public justice. On the part of the prosecution, entertaining the views we entertain in relation to these pretend: d pleas, or papers, I shall protest and object to their reception by the Court. Rutertaining the views we entertain, which we are pre pared to fortify, if need be, by authorities, we shall insist that this plea should be rejected instanter. Entertaining the views we entertain in relation to the attitude of this case, the character of this paper which they have called a’ plea, the circumstances and nature of that plea, we shall ask that the Court do not compel the prosecution either to interpose a replication or demurer to thus paper. As we understand, this is purely a Circuit Court. The issue in this cage has previously been formed. That issue has been sent down by the General Term to this court for trial. The record under which your Honor is now holding this court I hold in my band; also the record of pleading and remittitur, containing the mandate of the highest court of the State, Taiso hold in my hand a cer- tified copy of the order of the last General Term, in such torm a8 Ww make it the duty of this Court to recog- nise it—made in the presence of the prisoner and his counsel, without objection, as affirmatively appears ‘on the face of the order, directing that the issue then ex isting should be sent down to this Circuit Court for trial. Upon that record, and upon that order, I shall take occa- sion to show presently that the matters set up in these al- leged or pretended pleas are so entirely unimportant, as relates to the rights of the prisoner, and so essentially in conflict with what is the only legal evidence that can be received on this trial, that the Court, in the exercise of the discretion with which it is invested, ought not to re- ceive this plea. ‘The Attorney General was proceeding, when Mr. Ash mead said that if the Court was disposed to decide upon receiving or rejecting the pleas, he would waive an argu ment. The Attorney General put in the following as his grounds of objection : ‘The counsel for the people object to the reception of the plea now offered at the Circuit, and insist that the same should be rejected for the reasons herein stated. First. Because it appears that the matter of such plea arose before the last term of the Supreme Court, and — its reception cannot be demanded as a matter of right. Second. Because the last General Term, ¥ an order made in the presence of the prisoner and his counsel, ordered that the issue then existing in the case should be sent down to the present Circuit for trial, no objection then being made to such order, a8 appears by the order itself, and no plea of new matter arising since the plea of not guilty was interposed, baving been offered to the Court at that time. Third. Because the people have prepared the cause for trial at the present Circait, in compliance with the order ‘of the General Term, at great expense, and one ' dl extra jurors bave been ordered and summoned, and are in attendanee for the pu of trial; that the reception of the plea will result in throwing the cause over the present Circuit, thereby producing great delay and dan ger to the cause of public justice, that the delays pro duced already have resulted in the loss of several wit nesses who were formerly examined on the part of the prosecution, that the prisoner, having been already con Victed before two juries, the utmost vigilance was neces sary on his im order to «void any further de! rourth. the matter of the piea should be now veri fied by the production of a record to sustain it, and tn the absence of such voucher the prosecution ought not to be required vo plead or demar to it, Fifth. That the prosecution produce and show to the ‘Cyrewt Court the record with the remittitur from the Court of Appeais contradicting directly the matier set up in such: plea; and such record ts conclusive. Sixth. That the prosecution produce the said record and remittitur showing that conviction based apon the trial referred to in the pica was reversed upon a writ of error sued out on the part of the prisoner, ond showing also that by the mandate of the Court of Appeals a new trial was ordered, from which record and proceedings it follows as a necessary legal inference, from matters not capable of being controverted, that the pica can be of no avail to the prisoner. Seventh. That the plea offered, if rece would be a waiver of all former pleas, and its ree would pro- duce great injustice 10 the people by the delay that fol lows it, while it could not benefit, but might greatly pre. judice the rights of the prisoner. The Court denied the motion, on the ground that the Court at Circuit had no authority to decide on the pleas od in the second place, the pleas were not in proper form hum in receiving them if be had authority Coonsel for prisoner then filed the pleas with the clerk and made a motion that the people be required by the ,either by taking ¥ General objected, on the groand that they ino knowledge of any filing, uuder the order of the Court, and objected to any dela, Mr. Ashmead said he did not ask for any delay The Court denied the motion. Defendant's counse! took exception Mr. Ashmead moved that those pleas being filed, and the Attorney General refusing to reply thereto, the pri soner be discharged, Motion denied, exception taken ‘The Attorney General then moved the trial of Michael mi on the issue of not guilty The jurors were then called, but a large gumber had read of the case and formed an opinion. Mathew McDougal, being interrogated by the prisoner's counsel d that he could give a verdict according to the evidence. The challenge was then withdrawn. Mr. McKeon asked the juror if he had any conscientious scruples against the punishment of death, to which be re plied that he was oppoeed to capital punishment. Triers ‘were then about to be sworn to decide upon the jurors competency, when the counsel for the prosecution upon challenging the juror perer ity Michael Flannelly, on being asked if he had formed or expressed an opinion as to the guilt or innocence of the accused, answered—"‘All the opinion I formed is that if be war innocent be should be acquitted, and if guilty he should get the benefit of the law.’’ (Laughter.) Mr. Plan. belly wae accepted by counsel on both aides John Pope, on being interrogated, raid that he thought the man being convicted three times was evidence of bis guilt, and his services were dispensed with. Robert G. Neliie, on being interrogated, said that he had never formed an opinion, but be had expressed one ip court to avoid being eworn on the jury. (Langhter.) Q. What was it? A. That as he bad been convicted two of three times, he must be guilty. Mr. Blankman—Bat you did not believe it in your beart? Mr. Nellie—1 did not believe anything at all about it I would give @ verdict according to the evidence, ‘The challenge was withdrawn and the juror sworn. Randall W. Maine said be sometimes thought the pri- soner guilty, and sometimes he thought he,was not. He was, however, prejudiced against him, and was excased Thomas Kamonde,on being called, eaid that be had road the case but formed no opnien On being questioned by the Attorney General as to whether he had any conscientious scruples in rendering a verdict in a cage wi wnishment would follow, re he said he would render a Het me | to the evi dence, though be doubted the expediency of capital pun isbment. After several jurors being excused, from various causes, and over oue hundred and twenty-four having formed agd expressed an opinion in the case, the follow ing were empannelled without one peremptory challenge having been exercised by the prisoner's counsel:— 1. George Penchard, 7. Samuel Janes. 2. Mich | Flannelly. Hiram Ostrander. Robt. G. Nellis. 6. Henry M. Moser. 6, Kwin MeWood. . Tt was now four o'clock. and the Judge announced to the jury that they might adjourn for an hour for refroah ment, intimating that he would sit unti! eight of nine o'clock. A juror sald he was very unwell, and would wish to go home now and return in the morning. The Judge—I don’t intend that you shall separate at ail until thia cage is finished. Another juror—Our familios don’t kuow where we are; | and are we to be confined all night? The Judge—aAn officer will attend to each of you The Attorney General—Do we understand, your I .nor, that the jurors can go home in compavy of «an officer? The Jus io; but they can carry messages from the jurors to families. Mr. Blankman said that,on the part of the prisoner, | they had no desire to inconvenience the jury, aul would | consent to their separation and going to their bomes. The Judge—Mr. Blankman, in view of the decision of the Court of Appeals, I will take no consent of counsel. ‘The Court then took a recess for one our, each juror be- | ing attended by an officer SRSSION. On the re-assembling ofj the Court the room was very much thinned of its a\ , Showing that the majority ‘of the attendants in the day time were jurors, or other per- | sons who are 60 familiar with the circumstances of the case as to feel no interest in the details. Mr. McKeon then proceeded to open the case for the prosecution, detailing to the oay the circumstances as he expected to'adduce them by” witnesses, and appealed to them in a fair, impartial and unbiassed address to do jus- tice between the people and the prisoner, Henry Shields, clerk to Mr. Sammis, whose store it is alleged had been burglariously entered, was then called, anid repeated his testimony. He deposed that he locked up the store on the night of the 20th of July; that there | was a quantity of coppers of American coin and some German kreutzers in a drawer at the time; there were also ladies’ and gentlemen's shocs in the ‘store, which were taken away; saw the shoes the next day in a large market basket at tho police station. Other testimony was given, and the Court adjourned to nine o’clock Thursday morning Accommodation was provided for the jurors at the Astor House. A Bundle of Mystertes—Violent Death—Al- leged Suicide, Murder, &. From the Rochester Advertiser, Dec. 7. As we have before stated, a Mr. Holden was found in August, 1857, nearly dead in a morass, near bis residence at Ann Arbor, Michigan. He was a man in moderate cir- cumstances, and bad procured an insurance of $20,000 on his life. Before he died he said he was waylaid and shot; but his aecount of the aflair led to the suspicion that he | bad killed himself for the benefit of his family, and the in- surance company refused to pay the policy on this ground. | Some time ago, however, the matter was compromised | by paying the.widow two-thirds ‘of the insurance, Not. withstanding the alleged suicide, two young men, named Robert Fuller and Frank Walker, were charged with his | morder and indicted. When the indictments were first found, it was supposed by many that it was more with the view of influencing the suit brought by Mra. Holden against the companies in which her husband's life was insured than for any other purpose, and after the settle. ment between Mrs. H. and the companies, it was expected that the charge of murder would be dropped. The trial, however, came on week before last, and was concluded on Friday, the 3d instant, when the jury returned a ver: dict of guilty, and the accused were sentenced to solitary confinement at bard labor in the State prison for y having been abolished in Miebi- gan, se has so many singular features about it, we quote from an Ann Arbor letter to the Detroit Free Pi TUE ACCUSED CONVICTED ON CIRCUMSTANTIAL RVIDENCR. ‘The evidevee on which the prisoners were convicted was purely circumstantial. It consisted of the agreement of the accused with the general description given by Hol- den of his murderere—one being rather tall, the other a shorter person. After their arrest for the larcenies, a bal- let was found in a vest belonging to Walker, corres- ponding with the one taken from Holden's body, and of the same weight precisely. These bullets were peculiar, being corrugated. Walker admitted that he had prepa: the ove found upon him, and also that he had prepared one other like it, which he said he bad shot ata duck. Thi bullets fit precisely the bore of the pistol alleged to hi been found near the scene of the murder some time after, and this pistol is identified as one which Fuller had new stocked at a gun shop in this city some time before. The reaciness with which the accused pretended to account for their whereabouts on the night of the murder, when questioned on the subject, after 80 long a time elapsed, their attempt to prove an alibi, and their failure to do 80 successfully, with discrepancies between their testimony n this point, avd their own prior statements, went strong- ly against them. Other minor circumstances, aud some declarations and doggere! poetry which were traced to the prisoners—foolish and simple as they were—belp to strengthen the chain of circumstances with which they were surrounded. YOUTH OF THE CRIMINAIS—THE REWARD, The prisoners are both young—mere boys—Fuller being probably about twenty-one, and Walker some years Younger, and it seems improbable that they should have planned and executed so snecessfully se bold a murder as that for which they have been convicted. The evidence, too, seems hardly sufficient, and probably had their charac ters stood fair in other respects, no jury would have con- vieted them on it, But they stood confessediy guilty of crimes sufficient to debase the human mind even to the level of murder, and the conclusion fo guilt from the cir. cumstances was more easy and natural. The jury re- gg together iu charge of an oflicer during the whole trial. By this conviction Mr. Martin, Marshal of this city, and through whose instrumentatity and that of bis deputies the parties were arrested, will claim the reward of $1,000 which was offered for the arrest and conviction of the murderers of Holden—$6500 by the county and $600 by the city. INTEREST IN THE TRIAL—RELATIVES OF FULLER AND WALKER CONVICT OF OTHRI CRIME. The pendency of the trial has been the absorbing topic here since its commencement. The courtroom has been thronged by citizens, and many from the country have taken advantage of the jeisure which the season aiforded to be present. The throng this afternoon, awaiting the in- coming of the Court and the sentence of the prisoners, is quite large, and the excitement borders on the intense. Mrs. Fuller, mother of Robert, and James Fuller, a Younger son and brother, are among those convicted at he present term of court on several indictments for bur giary and larceny. Those to be sentenced this afternoon are therefore Mrs. Fuller and her two sons, and the boy Walker. The father of Walker is also in jail, under in dictment for the same burglaries aud larconies, and Anna, & young woman, daughter of Mrs. Fuller. The scene in he jail among these unfortunate wretches, connected by the les of blood and by their participation ia the same crimes against society, can better be imagined than de scribed. Police Intelligence. Tue Arrest or Mrs. Fist, tux Woman Coxyecten wint me Burotary at Bowky, MoNames & Co.'s Dey Goons ‘Sronm.—Yesterday morning Mrs. Fish, alias Fisher, the woman who was arrested on Monday last for being cou- nected with the above burglary—she having been re- cognized as the woman who hired the apartments in the tenant house, and paid the rent—was brought before Jas tee Welsh for examination. The agent of the tenement hoore was present and made an affidavit, setting forth the ‘set that Mrs. Fisher was the woman who had taken the room through which the hole was cut into the dry goods store. Mrs. Fisher was also examined, and confessed to having bired the apartments, said she did so for other persons, but refused to give their Lams 5 J Counsel for Mrs. Fisher stated that if time was , he would show where Mrs. Fisher was on the night of the burglary aud U the parties fer whom she bir: the room, The Judge accordingly adjourned the examina. ton to Friday afternoon at two 0 clock. Comrtaint AGatNeT Tim ConowERs.—A man named Dono: Van appeared before Justice Welsh yesterday, and male *# complaint against the Coroners for nogiect of duty. It are that Mr. Donovan had one of his children barned i be was, from the condition of wing day to death on Tuesday ¢ corpse, compelled to bury it the fol per's clerk was immed ebiki, and requested to tor the funer The ‘uneral, yet per appeared. nd, though made to fud them during most of the day. jer the ceremonies had been concluded at the and the carriages kept waiting for a long time, one ‘oreners turned up. The inquest was accordingly beld, aud the child buried. What action will be taken in the matter we cannot say Frat ar Yorkviiik.—Daring Toeeday evening quite a fight took place at Yorkville, between what is called the Central Park Boys and the Yorkville Terriers. It ap. Pears that some difficulty occurred between them on the day of the celebration of the AUiantic cable, the Central Park Boys getting the best of their opponents. The Yorkville Terriers, as they are called, have, up to the present day, held a grodge against them for it; and, on Tuesday evening, Just after the closing of the + lot ci the Central Park Boys being around to hear the result of the election, @ fine opportunity was given for what might be called satisfaction on the part of the Terriers. They accordingly set to work, and soon got into a regular rough and tumble fight, which inated About twenty minutes, several pretty badly beaten, The police, however, soon arrived: bat, before they could quiet the isturbance, officer Benthul was hiton the head with a stone, and officer Benge! and one of the others somewhat injured. The ringicaders were arrested and locked up to answer, Asorier Atircrp Linet.—Justice Welsh yesterday is sued a summons against Wm. Drake Parsons, Wm. Thomp- con, Jobn MoGrath, Thos. Fitzgerald, Daniel Hughes, Peter McKmght and ‘hac! Fitzgerald, on complaint of Jobn Griffin, charging them with causing the publication of an article in the New York Daily News, wiifally slan- fering bis character, The summons is’ returnable at three o'clock this afternoon, when an examination will be had. w BcrGLare® Scrprisen.—The dwelling of a gentleman re- siding in Lexington avenue was entered by burglars on Monday night, and a quantity of plate and other property was packed ‘up ly to be carried away, when the thieves became alarmed and fled, leaving their plunder vebind them. No arresta, Tre Montara Jewish Maerina in © ew their disapprobation of the Mortara, by the Catholic authorities at resolutions were passed declaring against the Papal government, and that it is United States ment to use moral down trodden humanity, and not look on when force is used Rome, @ series such ta land, that at Frankfort bei sham. ' | Doctor then conveye! to his { enn attachment for his wif | do u | was one day going to the Post Office, and a gentleman | some other ‘The New Haven Divorce Case, MARY A. BENNETT V8. DR. GEORGE BENNET?, Eleazer K. Foster, continued—Then came another point as to the occupancy of the same sleeping apartments, she was perfectly immovable on this, and on this the Doctge called me out two or thi ee times to try to make her yield, Told him explicitly thit she would not yield, and it was agreed that they were \ occupy different apartments; the futher the George strect house, and he conveyed itto Mrs, B, and her children, ro- serving a life interest to Dr, B.; the Doctor also conveyed to Mrs, B. $4,100 in notes of the New Haven School Sovie- ty; Dr. Bennett's father came in, the papers were exe- cuted, and the notes transferred and the measures cousur mated, aud he expressed much satisfaction with the sult, aud T understood Dr. B.’s father to say that he “did not seegvhy he could not get along happily with Mary;'* this is all that transpired at that time; the next “legitimate: interview”? was, to me, al er the most satisfactory one; the Doctor came and paid me $50 aad expressed Ue greatest for my services. Croas-examined—Was the Doctor not very much excited at the time of the settlement? He was very anxious, but possession of his faculties; he had no legal adviser, I went to his house at his request. Did he not profess a He certainly promised to everything in the world to make her happy; don’t hink he said ‘I love you,” but he had the strongest de- sire for reconciliation, and I presume he had a strong de- fire for the object he was so anxious to Daas tye Joseph Sheldon sworn—My acquaintance with Dr. Ben. nett began in the spring of 1861; was a student in college, came ad me cordially, shook me by the id, and aid, “Why havn’t you been down to Brown street *"’ [ bad then never heard of Brown street, and had never seen the man; it was Dr. Bennett; said I,’ You must be mis- taken; I Mave never seen you beforo—it must have beew person;’’ he shook my hand very cordially again, and said, ‘* Well, come down any way;” T thought it rather odd, and went down a few days or wecks with classmates of mine; I went down to the Doctor's in Cherry street, from an ‘invitation sent by the Doctor, through them, and there we were entertained; Horace Smith was one of these gentlemen; from that time the Doctor was constantly asking me to ride; during the sum- mer term of 1851 I saw him but few times relatively; in the fall began to study law in the law school; secing the Doctor frequently and frequently being invited to bis house in Dixwell street, he desired I should occupy a room in his house, and he would charge me no rent, and took me frequently to ride, and was very kind; did not take the room; visited him frequently during the winter; in the spring of 1852 T entered Judge Foster's office, and the Doctor called for me then every day, I should think; be proposed to lend me money, and did do it—some $200 or $300 in all—which I repaid very soon; after he and myself had been to ride three or fou > | days Mrs. B, objected to it very strenuously; she s did not think ita respectable way of keeping Sanday, an desired that be would go to church with her, which he stoutly refused to do, and she commonly went alone to cburch; in, I think, the spring of 1855, Dr. B. had a cousin to visit him, and’ he invited me to spend the evening; went at about 744 P. M.; the Doctor had called at my office about five o'clock to invite me, and when I went the Docter bad gone to bed; we had been talking about ten minutes, When the sound as of a boot was distinctly heard in the room overhead, as if thrown very violently ; it created a consternation, and Mrs. B. ran rapialy up stairs, seeming to be very much frightened, and I took my hat and went, at their suggestion; I have never been there very mueh since; I did not understand all this mat- ter: the ladies were very much frightened, and I thought of Blue Beard; the next incident [recollect was at the time Mrs. B. came to consult about a divorce, in 1855; she stated the case, and I drew a petition for divorce; in 1854, while he was coming to the office so much,’ he said | was a very great fool, he thought, to be studying law; asked me how much I was making; I said not very much! why, said he, my income is $8,000 a year, and I can easily make it $10,000 without. working a tenth part as much as you do, and suggested that I should look at his books and ‘convince myself about the matter, and see if I would not heip him in his business; I declined entering into his bust. ness; he urged it strongly; but I declined even to look at the books; be also said be had secured some $30,000, and hought he had as much more among his agents: have seen him mail quantities of letters; bave seen him send out at one time seven hundred. Cross-exumined.—Don't know that I saw anything pe- caliar in the Doctor’s treatment of his wife in Dixweil street; at the time I entered the house, believe there was a servant there; thought his manner of replying was un- civil; have very frequently taken meals at Dr. B.'s; never saw any deficiency at table and was always hospitabiy entertained, and was kindly treated by Dr. B.; heard complaints of unkind treatment all along; the Doctor built ¢ addition to the house and made it very fine; the parlors were very well furnished; did not think that the chambers were; I was at the Doctor's house on one occa- siou when be was going to put one “ pili cask” on another, and on topef them to putasmall furnace to warma chamber, for the purpose of economising stove pipe; he said if she wanted a fire there she must have it that way; the Doctor didn’t seem to consider how he was going to getatitto kindle fire; the instruments in settlement of lirst divorce were signed August 23, 1855; Mra. Bennett ‘was not advised to make a narration of her grievances at the time of the settlement in 1855. Direct examination resumed.—Wish to explain more fully about taking rides with Dr. Bennett; the Doctor requested me to go and ride with him a number of times on Sunday; Mrs. B. was greatly annoyed, and after we had been oif two or three Sundays Mrs. B. said one day,* Mr. Sheldon, I am very g to see you at our house, as well as any other friend of the Doctor's, but if you can't come here without tak- ing my husband (or going with my husband) to ride om Sunday, I wish you wouldy’t come at all; ‘I said, “If it is any annoyance to any person I certainly won't’ ride on Sunday; the Dr. was very mad ather for making the suggestion; he said, “It’s none of your d——d business ;”” “Well, Mr. Sheldon,” said she, “I ask you as a gentleman not to do it,’ she at thattime said she wanted him to go eburch, and cones us both to go to chareh Sunday; in regard to the agreement of Aug. 23, °55; be. fore papers were signed, Dr. urged Mrs. B. very strongly; said he did'nt ask her to believe a word he said—could not blame her if she did'nt believe anything—would'nt even ask that she should love Lim now, for he didn’t sup- she could; all he wanted was that she should give itm one more chance to try for one year, to show thas he could be a model husband, and that he would do everything to win her esteem and affection; that she need not occupy the same apartment for the year; he was very anxious to bave this consummated; at this time Mrs. uu was hie conduct was not proper for a husband toward wife; told him he made his wifo very unhappy, and advised bim to take a different course, at the ‘same time setting forth the probability, that as his busi ness yielded a large income, they might be perfectly think the Doctor um 0 remark at all in reply; uk he did use profane language to her, but do nob liect any other occasion; he war generally very dis- creet in my presence in using such language, bi time hit passions seemed to get the mastery of bi loaved her money—cn one occasion when she was sick, im particular, I suppose it,was for the urpuse of getting medi- " it the cine; did not know—was perhaps oF two: end of the first year I was with the Doctor, in September or October, 1862, we made an estimate of p of bis Dusinees from his books, &e.; we made out that the gross proceeds of his business were a little over $10,900, the profits after deducting expenses were a little over $4,000; , the business was then on the increase. Cross examined.—I remained with him Mfteen or sixteen months; closed up with him January 31, 1862; 1 com: meveed the pill Business on my own account the next spring, employed Mrs. B.'s father after he had left the Doeter'n employ, but aia pot send him over Dr. B.'s routes; out of order; the wire was twisted and tied so it would not ring, | saw the beautiful marble mantel piece in the sitting room very badly stained with smoke; Traid, “Oh, Doctor this kmoke so?" and objected to the room on’ account of the smoke; the walls were also smoked; “Oh,” said he, “that's ail right now,’ I was astonished Z j i z 2 5 HE = 3 =: i efit zeFE ig