The New York Herald Newspaper, March 16, 1859, Page 1

THE NEW WHOLE NO. 8228. THE WAR CLOUDS IN E ROPE. The Austrian View of the Impending Quer tions with France aud Sardinia. Our Vienna e Vienna, Feb. 21, 1859, The Romangf:Bonapar'e Alliance against Austria— Who ere the Nun con-nis i» Haly—L iis Napoleon the Alla’ of Change and Victor Emmasuel his Prophet—The Imminency Yf War—How Central Italy can be Evacuated —Treaty of the Virtual Partition of Austria—Russiaa Ambuion and Wapolesnic Futrigue—Austria’s True Position in the ive Wer—The Bulwark of Germany ayains: the Cossacks— Political Changes in Austria—Furmer Discontent and Pre ‘sent Layalty of the Catholics—The Josephinist Potiey—Its Abandonment and the consequent Material Prosperity— Liberal Character of the present Rule—The Finaywiut Camcer—Hopes of Retricval—Identity of Louis Napolern's Policy and that Cs his Uncle in 1811—The only Resulé an Appeal to Arms, &c. ‘A levgthy discussion which I held a few hours ago with a by no means unintelligent Englishman, concerning ‘the menacing aspect of affairs in Europe, closed with the Seliowing reply, on his part, to certain facts which I bad presented:—" Well, my dear sir, however the case may be, upon this subject no true Protestant ought to be opea to cenviction,”” Ibad been endeavoring to explain that, ta the controversy between Austria on the one hand, and France and Russia on the other, an aggressive Romanolf- Beoaparte alliance with Sardinia, in bebalf of Lombara and Roumanian revolution, might possibly be even less dis. tmtoresied, enlightened and deserving of the symyuthy of “padlic opinion,” than the line of policy being pirsacd towards Italy by the House of Hapsburg. 1% was ofno avail to asgert that more materia! prosperity exists in Lom- baray and Venetia than in any other portion, not excepting Sardinia, of the Italian peningula; that interaa! improve- ments, railroads, commerce, agriculture and practical freedom, of every description short of high treagen, had received ag great 2 proportional impetus there since 1848 asin any part of Kurope; that the flourishing state of these provinces bad been openly, though unwillingly, ac- kuowledged in every speech of the late debate on the pre- sent crisis in the British Parliament; that the cheerful al- Degiance *© Austria of the common peogle of Northern hsaly is ‘perfectly notorious; that disaffection only exits ameng—First, the rich, lazy landed proprietors; secund, ‘the ‘‘middlemen,” throngh whom landhoiders oppress the peasantry; third, bot headed Utopian boys in the univer- ‘ties; fourth, a limited clase of tradesmen in large cities; fish, the red republican clubs, whose creed runs that ‘the ‘ebiei end of man” is to be democratic; and thatall of ‘these put together do not compriee the one-tenth part of the Lombardo- Venetian population, The truth of the facts ‘thus presented was not called in question, They cannot fndeed, bo successfully coatroverted by any oe who has Lived Jong in Lombardy and made its condition a study. But they were met by the endlessly repeated revrain— “(austria has no business in Italy.”” “But sae governs the country wisely and with modera- ‘ten.”” “(No matter: she bas no business to govern it at all; Gerwans have no rght to role over Italians.”” “France voerces Algiers into obedience; England, Ire- Jand; Russia, Poland; Sardinia, in a sense, Savoy. Why, swhen Austrian rule in Italy began at the invitation of the ‘Uslians themselves—whed she doss not sbuse that rule, aud when not dve hundred thousand of the five mil- ‘Boons population in Lombardy and Veovtia are opposed to ‘M—svould there be made such an outcry against the House ot Hapsburg alone? Is no lees laudable motive to be aus pected than pure benevolence?” “No matter, (spoken angrily); the masses are a mitcrable, priest ridden rabble, aud must de nade toknow Detter. Woy, sir, you talk ike any Catholic |? “You advocute, then, a deliberate war, and a bivody ‘agranny over the majority by the illuminated tew, against Auswiatt utramontanisai, Whieb the people favor—Louis Wapoleon to be we’ Allah of change, wad Vicwor Ew- wanuel his prophet?” Oh, avytning to humble despotio Austria, the grea Darrier to freedom and progress in Europe.”* «By freedom und progress’ yeu, of course, mean de mecrscy and enti-popery; and the humbling of “despotic Austria? you would bring about, do I understand you, by tronsferring Boherws, Silesia, Galicia and the other Selavonie provinces, to Russiau autooracy, Lialy w France, and Hungary 40 @ minority arieworucy of Calvinists syars?? ms oa care, Even Rossia ig more popular then Aus Wis, and Dow France abu Russia Wave a right lo aveug the ‘course pursued by the Court of Vienne during tu> Cewiean war.’ - “That ie, Russia has a right te the northeastern half Abe empire’ becuuse Francis Josepn did not tgot Eaglaud ‘aad France, and France is entitied to dispose of the south: western moiety because be did not invade Poland!” “Well, my dear sir, Lowever tue case may be, upon ‘Mais subject no true Protestant ougit to be open to convic- ‘n.? “ne word, right or wrong, down with Austria. Yet it may not be av easy tark, alter ali, to put Aastria down. No one here adtempls to conceal trom himself that war fe more than lwmmeut—that it is, probably, ievitabie, It is a widely prevailing supposition among those bes) in- formed that Napoleon HI. nad decided eariy las: fall upou commencing hosalities w the spring, aud it is gouerally Deveved that no copcessions which Austria can bouorabiy make would avert them. The satest current rumor—that ‘a solution of difficulties has been found in the cougent of ‘Austria to a joint evacuation of Ceniral Italy by the French aud Austrian troops—is not much credited, and will cer- ‘tainly prove w be untrue, unless it cam be accompluned ‘upon the following conditions, viz.: 1. The full consent of Pus 1X, who anxiously desires peace, 2, A perfevily auequate guarantee of tranquility, and of & continuation of the territorial status quo io every part of the Ivelian peninguia; 3. Non-interfereace of apy kind, exsepuing wub their own fuil consent, ia the internal polity of tue several Italian Slates. AD assenton the part of France Qo these terms would suit Austria perfectly; but they -would involve a retrograde movement in the policy of the “Bonapartes which is scarcely tw be hoped tor. po- Hey, stripped of the diplomatic ambiguisiew which bave sexuieed ty is equivalent to thia:—Unless Ausiria con. sents vo such revolutions in Ceutral and Southern italy ‘as shall @voive the destruction of iis own power in tho peninsula, and the sscendency of thatof the Wrench, here shall be war. It is mot, ausond, a dispute about ‘the occupation a the Papel territory, but whether its evacuation by > troops of Fraucis Jogoph 1. shall be dwentical with the surrender of every security against re ‘volution in the Rowan States, unless directiy under the control of Napoleon Ill., or iudirectiy #0, through some ‘ally Nike Sardinia or Spain, upoo whose obedieucs he can wmplicily rely. The tacit ultimatum of the French kmpe- Tor wmounts, therefore, to a demand, upon the first decett pretext, for tbe dethrovement of the Bourbons in the Si- Gitien, and of the Grand Dukes o: Tuscany, Parma and Mo- Bena, the fail of all of whor could not but be nearly si- multaneous with that oi the temporal power of the Pa pacy. jonstrous as it appears, and unparalleled in sagacious wheme ‘since the yartition of #ofand, it hes ovn a well digested belicl, lor over @ year, among some of not the jeast far sighte statesmen of the Continent, that pre- ‘vious to the ciose of the Easter war a secret Weaty was formally conciuded between , Russia aud Sar- Ginia, for the virtual awmvadernent of the Ausiriag em- pire, Ib is interesting aad instructive 40 retlect upon what data concerning the weakness, friability and invornal and external uopopularity of Austrian dowinion , this colossal , worthy Of ‘he astute and voscrupuious brain of the french Biuperor,*uust have deca termed. Upon their correctness the history of many curing year, and per- ape of many dynasties, may depend, The case with whieh Huagary was invaded by Russia in 1844 is weil known. Jn 1865 #0 litle Change was apparent vo any ober than practised Austrian , that remonstrances were addressed to the court of ue from Berlin sgaine Sts-espouging the Tarkish quarrel, ob the ground that one ‘siagio iost battle on the eastern frontier of Austria would dave Vienna hopelvesly and inevitably at the mercy of the Consacks, In fact, in May, 1850, a force of 300,000 men, of the flower of the Russian army, meuaced Galiola, Dut One fortified place imiorvened bewween Warsaw ant! Vienna, and the whole fine of frontier of the empire trom Czernowitz to Cracow, was open to invasion. A more frightful reminder of Austria's defence Jessness and infirmity eau scarcely be coucely ed than tbat which was thus givon, not oaly ty Francis Joseph 1, but to every statesman ia Kurope beture whom the Berlin note was paraded, Ba tive years had elapsed siace Hungary had been independ cot, Bohemia and Galicia had with difficuity been bold ty allegiance “4 ‘the presence of a large army and by martial law, while Lombardy aud Venice seemed to have already pavted over to Sardinian and repabiican rule. Half of the popuintion of the Empire—her entire froutier popuiation— ‘was Sclavonic, accessible to Russian intrigues, and, if no directly favorable to the Russian govorament, supposed to be nilted to her in feclings of deadly howthty toward the German race, The numver of Slowacks in Huy; Crostia and the Banat is 7,000,000, or two-thirds of the inhabitants of those provinces. 1,760,000, pearly one- baif of the people of Llyria, Carinthia and Dalmatia, are Sclaves, Nive-tenshs, or 4,260,000, of the Galicians, are Leche or Rosojake, and tho latter are mombers of the b ge Church. In Bohemia, Moravia and Silesia there ¢ 6,000,000 of Creche, being three-fifths of their whole What food for ‘roleotion | And when, on the 2d ‘of Juno, 1848, three hundred deputies from these different, Sciavonlc States assembled at Prague, their first act was ‘to frame ana publish & manifesto wo the whole of Europe that au instinctive desire to vnite all under one rule had long provailed in the part of Austria, and that the object of assommbiing Was 6 tosis ay the jade. nie family. Wht a tempting nation. their pendence of the Sch Sat (or Rugslan ambition, wenriod with defoat on tho Sea of Agi sod ay Sebaslopo Nor would Napolooa IIL, have MORNING EDITION—WEDNESDAY, MARCH 16, 1859. PRICE TWO CENTS. failed to remind bis Temperia) brother at St. Petersburg as as twenty-seven years, in 1828, a secret of repag elon aad ete ‘the perpose of pr ga re asking the as- pape or Fes Czar; a rer Nichols be se repulsed them, eac! jeputation received from ann nes ea eeneiee of Ana iin ig and stilt appareptly unc! condition of things in the East, add the chronic Lombardo- Venetian disease, and the deeply embarrassed financial state ef Austria, whose fiscal nt, for over half a century, had been a wonder and probiem to the Test of Europe, and it ia easy to understand that sanguiue hopes might be excited in the minds of Alexander Il. and Napoicon III. of tolerable impunity in taeir schemes of territorial plunder; and it would not have been forgeten that the army of Austria is mainly drawn from the v parts of ite provinces which are reputed most disloyal, and that, while a year of war migbt render the Empire Dankrupt in money, 'cas than that period would possibly Puffice to reduce her to worse than bankruptcy iu troops. It may be well to say, in this connection, that while, in 1854~'55, such boisterous outcries of indignation wero heard from St. Petersburg agaist Austrian ‘in- gratitude,” while there whs po lant to the coarseness of abuee bestowed upon Francis Joseph I. by the press of England and France because he aid not invade Poland, all 0 the leading statesmen of the three Powers are now knowa ‘to bave admired at beart, while they affected indigaation 4 ‘at, his pereeverance in’ e nentrality policy. To Have swerved from it would have been an act of dynastic sub cide. As early as April, 1856, a conrideradle number o epeakers of all partie: in the British Parliameat began t» deprecate the accusations which bad been made against the Court ot Vienna. Lord John Russell, Lord Henry Vane, Sir Edward Bulwer Lytton, and others, followed ‘euch other in defence of its cause bon the same evening; and Sir James Graham stated, with reference to the thea pending negotiations:—‘‘Austria stands, as it_ were, a nar- Tow isthmua between the two raging seas of Russian ag- gression on the one sido, and the military pride and ambi- top of the Western Powers upon the other. I: ie @ difficult position, in which peace is her policy and ipterest.”” And it was a frequent remark of the very English and French pay which most loudly invoked Austrian aid at that time, that (as had been stated trom Berlin) one battie gaiped by Russia on the Polish boundary would not only open the road for the armies of the Czar to the heart of Germany, but would cange the Austro-Sclayonic provinces to fall into bis hands without a blow, ‘There is too strong room to fear—although the future alone can verify the surmise—that, influenced by such calculations as the above, Turkey and its des- tiny assumed, in the councils of France and Russia, a secondary position after tbe demise of Nicholas, and thay the pledged co-operation of the former in dismembering Austria reconciled the latter to thesacridices which it made in the Biack Sea and on the Pruth, It may be assumed, however, as beyond a doubt, that no treaty, with such au object ib view, was ever negotiated between Russia, France and Sardinia; or, if negotiated, that its provisions ‘would in some manner be evaded, unless those Powers ‘were unalterably persuaded that no interna! change could dave taken place in Austrian policy, since 1848, sufficient- ly important to havo strengthened, much less rendered impregnable, her position. The externs) obstacle to Austrizn dismemberment, that, placed as sho is as the barrier between civilization and barbariem, ber fall to a lower rank than sbe now holds would forever destroy the balance of power in Europe, and sweep away the last Dulwark aguins? Russian aggrandizement, seems scarcely to be taken into consideration. England has become of Jate years 80 weak and subservient in the diplomacy of Europe, and Prussiz ro fallen and upreliable, that years might elapse—trme enough for it to become too late to apply aremedy—before they could be aroused to suffl- cient sense of self preseryaton 40 bring them back to the stern resolves @bich marked the beginning of the present century. Unlees, therefore, there is something de- fective in the apparent mathematical certainty of the basis upon which the plans of the Courts ot St. Petersourg, Paris and Turin are supposed to have been formed; unless Austria, possesses elements of power which they do not take into account; unless the ‘Weukness of a few yours ago has, somehow, hardened into strength; unless the various grades of discontent and dis- loyalty have whim a decade been replaced by such en- thusiastic devotion a8 characterized the masses of all na- tionalities under the old Empire; unless, in a word, a noiseless but mighty revolution has made the Austria of 1859 the opposite of the Austria of 1848, neither her armies, nor ber past glories, nor the injustice of her ad- Yersaries, Can prevent ber heing reduced io a third rata Power among the nations of Europe. ‘The changes in public fecling which have taken place in Austria mance the firet French revoiution can only be tho- roughly appreciated by those who have closely studied the consequences to Eastern and Central Europe of that By stem, calted Josepbinism, which was introduced into the kwpire by Joseph {., between the years 1780 and 1786, ‘The two leading :deas of that ili starred Prince—wao, when Uy ing, dictated for his epitaph, ‘Here lies Joseph IL, who was unforiinate in everything he underwok’—were, yet, ta wake we Catholic hierarchy and clergy an impe- rial polled, 284 29 feor: Sorimucicition with Rome, and instrocted’ by Kaiserlich-Koenighen — prof hawerncd-Koenighivhe theology (iiterally by impe: proiesvors ib ap imperial theology) ; and, se¢0nd, to estab, igh enmre uniformity of Jawa and customs among the heterogeneous nations which he goverened. Josepn I vainly strove, in bis last hours, to repair the errors which he saw were already spripging from this uonatura! petrifl cation of the vodies and gouis of his subjects; and bus for the convulsions which immediately after his death shook the very foundations of Europe, the lawa which took bis ueme must bave been almost immediately repeal- ed, Asis was, the most noxious of them remained to bring forth bitter fruit, and continued ia furce unt 1849. In fact, previous to the epoch which closed with the acces- tion to the throwe, on tae 2a December, 18643, of Francis Joxeph J., the Austrian government had been slowly, but surely, sinking, for seventy years, into bereaucratic imbe- cility, and a state of vassalnge to Russia more odious and contemptible than thet of Turkey itself. Ip Hungary the enthusiasm which a century before bat e&cited from the Maguates of tuat kingdom the cry m behaif of Maria The resa of Mortemur pro eye nostro! had been frittered away by petty tamperings with traditional privileges; and, while the Catholic clergy and laity submitted with sullen apathy w the palsying eifect of the Josepheniet laws, the Cal. Vinibt population never ceased to mauifest, as openly as they dared, discontent with their rulers abd contempt for the imperial policy. In Italy the consequence of Jose- pbinism was wide spread insdelity wand theo- creus democracy among the higher classes, tnd & etolid dissatisfaction, bordering on revolt, throughout tbe middie and lower ranks of society, In Bohemia, Mu- ravia and Silesia, the numerous richly endowed monaste- yes rapidly became huxurious asylums for monkish dan- dies, whose lives, unre; wed by religious discipline, and @ seandai to the devout Catholic Czechs, caused the latter io forget momentarily their hatred of Russia, and the tyranny of Nicholas over tue Catholics of Poland, and to lend vot unwilling ears to the Ubera! promises of relicf from St. Petersburg, which were ever at the tongues’ ends of their Gree fellow subjects. Even ever logal Ty- rol, Voralberg, Styria, and the population of Austria above and below the Kus, compiained bitverly of the anti-ultra- Montane yoke, and contrasted, with open murmurs, their State witt the comparative freeaom Sag by their co- religionists tp Bavaria, Belgium, Westphalia and the Rhine provinces. No three hundred revolutionary deputies could bave doen drought together at Prague in 1848 :f the Ro- man Catholic church bad deen free in the Sclayonis pro- vinees, If the loyalty of Gatbotio Hi '¥ hed not been undermined dy SLU-Cathoiic laws, the tional fidelity of the people of that kingdom to the throue could not bave deem ehaken by Jyquent monntebdanxeries of Koseutn, But for the Inws of Joseph Il., the clergy of Northern Italy conld never have deen excited into the be- lief that they and their flocks were the worst persecuted Christians in Europe. In fact, I have beard statesmen, who, twelve years ago, were the most bigoted advocates ot the colossal mistake of supposing that the sincere reiigious convictions of @ people may be swaddled into @ poutiogl machine, and that the eafety of the State requires the slavery of the church, acknowledge (bat Ue principal cause of the denationalizadon of the Austrian Empire ip 1848 is to be sought for in whe prac- tical workings of Josepbinism. This belief bad been in- of Francis Joseph L. by his mother, Phe Archduchers Sophia, long before the jo:ut abdicazion fp ‘hin favor of the Emperor Ferdinand 1. and of bis father, the Archduke Charles, and one of the earliest acvs of -his reign was to cause every law of the Kmpire restraining the church aud fetveriug conscience to be abr: rd, even, of their eflect#, had disappeared before Deginaing of 1864, as far us mere legisiative mverpo- m Could remove it ing results which have grown out of this goment of Cathobcity in Austria will not be comprehended by those who need examples to know that faith—whether true or false, nationa\ or religious, (n av idea or in & name—will ever be the all-conquering motor and essential principle of success in uations as well a8 in individuais. Ia no portions of Franco, Spain, Italy of Iretand, is genuine Roman Catholicity witrathontane adhesion to the Pops as the bead of the visible church, more deeply rooted in the hearts of the people than it ig among the forty-five millions of Catholics throughout Austria and Germany. The most glorious passages 1m the of the Austrian Empire are associated with its 3) allegiance to Rome; wud it has been the pride of 118 subjects to regari \ca¢ the bulwark of the old faith against its enemies. As Protestantism, since 1820, has gradually given way, on the Coatinent, to the still more aggressive anti Chr an element of practical, political Pauthesm, the Impo- rial government has had it in ite power, at any moment, within a quarter of a century, to make itaeil the rallying potnt of every plage of relgious conservatism in Central knrope, by simply replacing the church apon the pakural pedestal where it belongs. Francw 1., through pig- headednese, and Ferdinand I., through imbocility, faied to perceive that, from the most commonplace int of view of mere Xipgceratt, the real strength and etability of the House of Hapsborg must over Be in proportion to the reverence felt for it by the masses, as tho great champion of Catholic Christianity in Karope. This truth was in- doctrinated into the presont Emperor's brain, as well as heart, wolle a mere boy; and it will probably prove the pivot around which will revolve the more importot events of his reign. ‘ords could scarcely exaggerate the effect which was oduced upon the Austrian people by the repeal of the Seeephiniet laws. It waanot an event of a cnaracter to create external excitement; Dut, AB an observing ecclesinatic lately remarked to me, (a thrill of re- ligiows rapture would seem to bave ag an electric shock, from one end of the pire to the other, instantaneously reviving the old hopes, the traditional confidence and the unperistiable fait, wi exerciee had been suspended for soventy years.” | Catholic population of Austria is 20,000,000. Ite Greek, Protestant and Jewish Inhabitants number something like 6,000,009, Even supposing that a desire for change were vbiversal among these latver— for reasons I sbalt give later, if not the case—the sy voice of tbe people haa once more sent forth ite“ Moriemur pro Reye nostro,” ‘With @Rincerity which is thoroughly appreciated by the Court of Vienna, although, outside of the Kapire, the re- volition of senitimont. In’ not understood. The ‘spirit Fobellion, at leas io Hungary, Bohemia, Valicia, AuBtg etiiied mito the mind Proper, Moravia, and the Adriatic provinces, has been charmed away, and but continued extraneous ex- citement and intrigue keep it alive in Lombardy and Venice. Hence the failure of Kossuth’s intrigues, apd the disappointment in the expectations of those who counted a@ renewal, in Boneey in 1852, of the scenes of 1848, the fearlesaneas of the neutrality uttitude which Francis Joseph 1. could assume during the Sebastapol war, and the dignity wih which her position was maintained, Botwithetandipg tbat both Count Buol and Baron Bach ‘then foretold that the consequences would be the very hostilities which are now impending. Hence the boldness with which the Emperor dared to declare to the Court of St. Petersburg, that Austria owed no debt of gratitude to Russia for her interference in 1848—which both bimeelf and his mother opposod at the time—because it would not bave been volunteered but for the fears of Nicholas lest revolution should extend from Bebemia and Hurgary into Poland. Nor was it from apy want of confidence in the loyalty of bis subjects that Froucis Joseph refrained from engaging in jar of 1864- 1665. Her unsettled financial conaition, ecessity of time to complete reforms which were ib ess in the woterior, and, above ali, the absolute need of renovating ano modernizing ber antiquated military establishments, Inight sufficient reasons for reticence; but that which r Frompted a peace policy was that it was dic- tated by every conceivable higher motive by which Aus. tria should be guided. Had Austria been fooligh enough to join Fogiand and France, a general war would have on- sued, which, not improbably, would havo lasted until ow. Thus the reversal of the policy which Joseph H. had doen taught by Kauuitz would raise Austria to a pinnacl> of greatness, bas proved the means of restoring to th House of Hapsburg the confidence and popalarity which that policy deprived it of among its subjects; and such a Spiritual submission to Rome and Popery deluge as would be regarded by most nations as ret) ling into the thirteenth century, bas seated Francis Joseph I. more firmly on bis throde than apy monarch who has preceded Lim for over a hundred years. Had the government which was inangurated at Inn- spruck in December, 1848, contented itseit, however, with reinforcing bigotry, encouraging the Jesuits, and re- transferring to Rome the power of which it had been de- prived by Joseph 11.’s laws, it is not unlikely that every adverse Murmur against it would have been hushed as it bas been, An active minority of several millions is always formidable enough for conspiracy, or, at least, to make voice clamorou., if there is any substantial cause of ay peal to external sympathy. But efforts were made, as soon as the revolution was suppressed, to anticipate all reagona- bie future causes of compiaint on the part of the Austrian liberals. In 1848-49 there were two. parties in Austri the one favorable to the simple suppression of the revolu- tionary movement, and (the other streouously advocating such materia) reforms as would tend to supersede the de- sire for and necessity of revolutions. The young Emperor, who had erg! taken the Marzling Bach from the barri- cades to make him Minister of the Ioterior, threw himeelf warmly into the arms of the ultra-reform party. He declared that it had ceased to be a question whether Europe should be despotic or repupli- can, and had become whether it should be commercial or anti-commercial, In 1848 measures wore proposed by the revolutionary. party to suppress the feudal rights of the nobles. The restored Imperial govern- ment, far from reversing this progressive movement, continued measures which render all subjects equal in the eyes of the law, the German civil code, resuscitated in 1848, being confirmed in 1852. Restrictions on commerce were everywhere removed asearly as 1853. A net work of railroads hag been pushed across Hungary, even to Temesvar. The railroads of Lombardy and Venetia havo ‘been made atnong the best in Europe, ‘The annual exports of the Empire bad increased in 1857 fifty per cent; and, un- der this liberal system, Austria, to its most eastern ex- tremity, bas become appexed to commercial Europe, and Bohemia placed on the highway from the Atlantic to Asia. The statesmaniike sagacity of the new régime in Austria bas thus forever dissolved her connection with the anticommercial despotiems of Europe. Am energetic admuistration of ten Fears, aithough environed with obstacles, has alread. closely united her with the most progressive nations. The uew Austrian criminal! code has been repeatedly referred to, im the British Parliament and elsewhere, as a model of perfection, and bas been received with satisfaction throvghouttbhe empire, Couservative liberal do not hesi- tate to express frankly the conviction that mature and en- lightened wisdom has guiced tho Imperial government in most of the steps which it bus taken; and they admit that, where mistakes have been made, the readiness with whiob they have been corrected affords @ marked contrast with tho stony adbesiov to measures once aiopted, which Was one of the most offengive features of the old régimé. Tho general contentment which prevails with the Imperial policy in domestic Concerns, is one of the strougest guar- antees for the stead{ustness of the people in the hour of trial which is approaching. The national debt of Austria, in profountt peace, from 1816 10 1848, bad increased from 300,000,000 toring f- ipg ax interest of 5 400,000 florins, to 1 900/000 0% tlorms, payiog au thterost of 70,000,000, "or neag- ty half of thé whole jacome of tbe empire. As tate of 1864 specie was at a premium of from 33 to 40 per cent, tho debt w the bauk was aupaid, and their was a yearly deficit in the treasury. Since 1843 the patjona! dent haw increased, tacinding the joan now negotiated, to 2 504,000,000! This state of things is irightful yet since the 500,000,000 loan, of January, 1855, conf dence bus deen universal, and, with the recovery 0: credit, the frst step was belleved to have been taken to wards the retrieval of thé Eaypire from a most deplorable condition, Money is now to had; formerly it was not. The recent Joan, m the teeth of war ramors, affords proot ‘that Dostuities neea not be shirked from patioual poverty, and the people talk enthusiastically of any amount of sa- orifice, ratber than humiliation before French and Russian intrigues. Nevertheless, wero 1 to point out what seems to me the weakest spot in the political calculations of all of the Powers of the Counnent, I should say it is this affair of tinance. Russia is really worse off than Austria; Sardinia ‘nO credit, except backed by France; aud imperialism m France is ut such ajow ebb in the provinces that nothing but continued success can either keep alive French credit or keep Napoleon upon bis throne. The persuasion tbat ip this Itahan affuir be is attacking the Pope, 18 caus- ing him to lose ground among the French masses in the same way, and from the same causes, that his great uncle did after 1812. Parig and the army will sustain him in prosperity; but, unlike Austria, which adversity ever ren- ders tenacious, wo to bim if the arms of the country suffer a single reverse. It is idle for Continental governments to aliege now the example, in extremis, of the firet French republic, and that nations, right in other respects, are never kept from war by waut of money, and that, in the sumost need, the whole resources of the country may be (brown into the treasury; their increasing poverty, trom year to year, in time of peace, is notorious, and war would double annual expenditures. The congelation of Austria ‘8 that she is no worse off than her neighbors, and that while she will have done her utmost to maintain peace, they have thrust a quarrel upon her with respect to the issue of which she can only appeal to the God of Battles, Ibad many more facts to state respecting the present military condition of Austria; the intended policy, in case of war, of Francis Joseph I. concerning Poland; his per- sonal character and history, &c.; but this lewer has ex- tended, already, to too great a length, and 1 must post- pone these topics until a future tune. Surrogate’s Court. Beforo Edward ©. West, Surrogate. The Will of Elizabeth Tampard.—Elizabeth Tampard died im 1832, leaving @ will by which she gavo a logacy to Gedrge Witherspoon upon his attaining the age of twenty-one years; but incase of bis death before be attained that age the legacy was to go into the residuary estate and go to the legatees therein named. In the spring of 1848 George Witherspoon, then aged nineteen, left this city to join the American army in Mexico, since which time there have beon no tidings of him. Ou the 4th of November, 1857, the Surrogate issued letters of ad ministration to the public administrator in the city of New York. The executor of the will of Mrs, Tampard paid over the legacy to the pudlic administrator. The residuary legatees named {n the will now come in on the ettiement of the account and claim’ the legacy from the pubiic administrator on the Taye that George Wither- spoon never attained bis majofity, and that the will was never vested in him, which 1s opposed by the aunt of the intestate, who, deing his sole next of kin, claims that she is entitied to his whole estare. case, a8 is evident, must be decided upon the presumptions and ‘nferences arising from the atate of facts and circumstances. The whole matter was submitted to the Sarrogate for final decision, He held tha the residue le, under Mrs. ‘Tampurd’s wil} were bound to show ther by direct and! positive proof or by presumption of faw, that the intes- tate died before ho attained bis majority, which they havefailed todo. The Surrogate aiso held that the pro- sumption of law is, that the person is not dead in the ab sence of direct proof until the expiration of seven years from the time be was last heard from, and that the case shows the intestate to bave been nineteen years of age when he left this city for Mexico, and consequently no presumption of bis death can arise unti! he had reached his lawiul age and passed it by several years, and therefore that the legacy was duly vested in’ him ‘under the will, The Surrogate ordered that the whole estate belonged to the aunt of tho intestate, and directed the public administrator to distrivute it accordingly. ‘The wiils of Ann Wilson, Maria C. Johnsoa, Jacob 8. Baker, Reuben Cudii ix KE. Forest, Constance i. ‘Tmolat and John Puckbafer were admitted to probate. Court of General Sesstons, Before Judge Russell. THE AUSTRIAN FORGERY CASE. ‘The trial of Henry Roehner, charged with forgory in the necond degree, having in his possession a number of coun- terfeit bills on the National Bank of Austria, amounting in the aggregate to $1,000 in American currency, was con- cluded yesterday. A great portion of the day was om- by counsel for the defence in Rtas io 8 case, be contending thet the indictment ‘was invalid,and that the evidence for the prosecution was insufficient to sustain the made against the prisoner. His Honor overruled the motion, and the counsel having nO testimony to offer for the defence, he proceeded in a of three hours to address the in behalf of his client, and was followed by counsel for prosecution in @ logical and eloquent argument. It now being five o'clock, Judge Russell, for the conve- nience of the Jury, deferred charging them until this (Wednesday) morning, when the case will be finished, Tne NationaL F1.a¢.—Congress passed an actin 1818, providing that one new Mar abail be added wo the national flag on the 4th of July next succeeding the ad- jasion of a new State. So that the number will remain 2 whl) BOxt Ab Of July, aver which It will be 33, THE PARAGUAY EXPEDITION. Arrival of the Bark Palladm with Three Weeks Later News. ‘The bark Palladin, Captain Wilson, arrived at thie port yesterday morning, with icttera and advices from Buenos Ayres up to the 24th ult., by which we have some weeks later news from the Paraguay expedition. The United States war steamers Fulton, Water Witch, Harriet Lane, and the two brige Dolphinand Perry, bad called in at Rosario as they were procceding up the river to Paraguay. The remainder of the expedition was still at Montevideo. The Governor of Santa Fe was greatly eurprised at the appearance of the fleet before Rosario, and fent @ message to the commander to learn his business there, Commodore Shubrick very laconically answered, ‘to coal.” The astute Governor took the hint, amd wisely concluded that Uncie Sam’s doliars and friendship were more agreeable than opposition. The fleet entered, the steamers coaled, and sailed again be. tween the 12th and 15th, for their destination. Immediately on the sailing of the flect from Rosario, the packet left with a large number of letters for the States via Buenos Ayres, which were brougat by Capt. ‘Wilson to thie city. The rumors at Buenos Ayres were that President Lope ‘would not see the American Minister. ‘The inhabitants of that city were at first very favorable to the expedition inst Paraguay; but this feeling seemed to have greatly a aie: French aud English there were discreetly neutral. Though therefusaiof Lopez to see our Minister would precipitate bostilities—and that rumor was current—those who seemed to profers to know better believed that Lo- pez would rather resort to some cunning policy to pre- vent hostilities. The neighboring governments were all i — interested in-the preparations for hostilities on both sides, It was reported that the Brazilian government had sent ite minister to Lopez to talk him into peace and prevent: hostilities; buteven that move was attributed to the ma- pouvres of Lopez’ agents, from which it was concluded that Lopez was not so fond of the attitude of the tleet, now that it wag nearer his own territory. OUR KOSARIO COKRESPONDENCE. Rosanso, Jan. 8, 1859, The Expedition en route up the River—The Departure from Rosario for Assumpeiun— Will there be War with Lopes?— The Dificulty between Buenos Ayres and the Argentine Confederation, dc. The equadron, composed of tho following vessels, arrived here on the 4th inst,:—Fulton, with flag officer Shubrick, Mr. Bowlin and Secretary Samuel Ward on board, with the brig Dolpbin in tow; H. Lane, with the Bainbridge in tow; Water Witch, with the Perry in tow; merchant bark Pathfinder, with coal for the equadron, The three brics left here on the 6th, under sail for Gor- rientes, the rendezvous. The Water Witch left soon after, and will tow one brig. The H. Lane will leave to-day, and tuke the other two brigs intow. The Fulton will finish coaling to-day, and will gail vo morrow for Assump- cion, with Com, Shudrick, Mr. Bowlin and Secretary Ward on board. They will touch at Parana end Corrientes. I expect they will be in Assumpcion in ten days—the 18th inst. Opinions about the result vary much, Judge Bowlin thinks there wil! be no war; and Mr. Ward, his Sacretary, thinks there will be a war. Speaking the language has given me a chance to observe much, and my opinion is, there will be no war, although Lope will bark to the last moment. The Judge is well posted up in everything, and the squadron bas plans of all the forts and fortifications, Captain Pago remains as yet at Montevideo, wo send the vessels up as they arrive out. It ig very warm here at present, but healthy. ‘lo-day (Jan. 8) is celebrated on board the Fulton. Rumors say that Urquiza will invade Buenos Ayres with forces from Brazil; but I know he will get no asaist- ance from Brazi!, and am sure be will not invade Buenos Ayres at present, although a few troops have arrived near here within a few days. OUR NAVAL CORRESPONDENCE. Unirgp States Sreamsie Saprve, Monrevioxo, Jan. 2, 1869, Sailing of First Division of the Fleet for the Paraguay River—The Chartered Steamers Looked for—Adaition of Men and Guns to the Vessels already Gone—Reported Active Medéation of Brasil—She will Lend Lopez th Cash to Settle, dc. ‘The Lovett Peacock leaves to-night. Part of the expedition for Paraguay esiled !ast week, consisting of flag steamer Fulton, steamers Water Witch and Harriet Lane, also brigs Perry, Bainbridge and Dol phin, ‘The brigs are towed up by the steamors, an’ the whole equadron will rendezvous at Corrientes, None of Cromwell's steamers have as yet arrived. As fast as they get herethey will be despatched up the river. ‘Tho veeels already gone carry, in addition to their usual armament, each one or two of Dahigren’s nine- inch shell guns, and from twenty to fifty men more than their complement. I bavé just learned, from what I believe good authority, that the Brazilian Minister left here two days ago for Paraguay, with instructions to recommend to Lopez by all means to settle the dispute with the Americans ami- cably. ‘The Brazilian government offer to lend him tha funds required for the purpose. The Brazilians ure secretly hostile to us, and do not want the country of the La Piate thrown open to Ameri- can commerce. OUR PERNAMBUCO CORRESPONDENCE. Psrnampvco, Fed. 8, 1859. Arrival of the Steamer Metacomet—AU Well on Board— Goaling and Cost of Coals—No News—Oity Healthy. Thave to inform you of the arrival at this port of tho United States war steamer Mo:acomot, Captain McJoombe, on yesterday afternoon at {our o’clock. Ad weil on board, and in good spirits. ‘The Metacomet is now taking in coals, and wil! sail hence in two or three days. On her passage down her fuel be- came exhausted, and, like the Fuiton and Harriet Lane, she was compelled to put into Maranbam, which she did on the 8th ultimo, leaving there on the 1st instant. Fnglish coals, at Maranham, cost her twenty-three dol- tars pet ton, delivered on board. The same, or a superior article, is now selijog here at fifteen mpiries (15/000), or about eight dollars in American gold per tou. “Mr. Stapp, the American Consul here, bas, however, government anthracite coals which be is delivering to the steamers. Captain MeCoombs and the officers of the Mstacomet have made a fine impression here by their gallant and genticmanly bearing. ‘We buve no news in Pernambuco, ‘The place is healty , as usual. News from Porto Rico. OUR GUAYAMA CORRESPONDENCE. Guayama, P. R., Fed. 28, 1869. An American Built Slaver On Shore—Some Account of Her Crew and Carge—Professor Morse and the Telegraph Lines—Markets, &e. About a forthight since an American built bark of about 500 tons Was discovered on shore near the port of Huma- soa, at the east end of the island, with a cargo of negroes trom Africa, No flag or papers were found on board, and ibe seamen reported the master and officers bad died on the passage from Africa, It bas been since reported that they arrived safely at St. Tkomas in one of the ship's oats, The crew further reported that the dark took up wards of 1,200 negroes on board in Africa, although but a \ittle more than batf that number was found on board here. Both the crew and the negroes were in a fearfully emaciated state when found, as they bad been for some time without water or provisions, tho captain not daring (o touch at any port for a suppiy. Toe crew have been imprisoned and the negroes taken charge of by the ment, and sent to St, Johus, the capital, and bave been very Kindly treated; many bave died from the effects of their privations. The government proposes to distribute theso negroes among such planters most in Want of hands, as apprentices, or free laborers, under certain conditions very favorable to the subject. The ehip bas been got off without damage, and has been aiso sent to St. Jobns, to await tho action of the govern- ment regarding her. Our fellow countryman, Professor Morso, is stil! here, with bis daughter and son-in-law, Mr. Raward Lind, who, aa Alealdo du the fearful ravages of the choiera here in 1856, behaved 80 weil. ‘has eae communication been ar ee Mr. Lind’s estate and commer. cial establish@i@pts at the port of Arroyo—the first evor cestabhehed im thé teland—and the remarks made regard- ing itand ite aro excessively curious. Tho first mersago trapsmitted was a comp!imentary one to one Captain Genera} Don Fernando Coroner, A grand compli- mentary breakfast is to be given to Professor Morse, at which I hail do myself the honor to assist, An attempt is now being made by parties in the city of Sr. Johos to estabiieh telegrapbio communication around te ieland, which it 18 to will be effected, American produce of every kind is abundant, and gales very dull. Sogars 40, a Bigo., 08 per quality. Molasses 120; a 140, per gallon. The civp will be a vorg short one— probably not more than ope-half of an average oue. The wouther is yery dry. THE ALLEGED WIFE POISONING, Case for the Prosecution Closed—The Testi- mony for the Defence Opened by the Ex- Imation of the Prisoner’s Child, a Little Gtrl Seven Years of Age. COURT OF OYER AND TERMINER. Before Hon. Judge Roosevelt mGnrA DAY. Manct 15.—The People ot. James Stephent.—The interest in this ¢s5¢ continues unabated. A large easy chair was placed in the jury box for Mr. Brush, the juror who is suffering from indisposition, Dr. Charles Phelpe, of Bellevue Hoepital, testified that he bad @ key to the room where the body of Mrs Stephens was lying, and that be did not allow any person to baye that key or do axything to the body while it was ip bie charge. Dr. Wood was recalled, and deposed that when he commenced practice, about twenty years ago, he made nearly all the post mortem examipatione for the Coroner, aud has made a great many since; arsenic may be taken into the stomach and tho patient may die froin the effects without any change taking place in that organ. Mr. Ashmead submitiod that this testimony was lmma- terial; the witness baci been already thoronghly examined. Aftcr some discussion, the Doctor was permitted to pro- ceed. He said that if a larce quantity were taken, the only symptom, or the first symptom, perhaps, would be vomiting, and the patient would not sufler for many hours; he would then die, aud intmmation either in form or in partictes might be ‘ound; the color ot the lining of the stomach would differ and be dark red, crimson or scarlet, and Diack in various inatances; in other iustances there would be erosion, or rupping up of the mucus member; in other cases perfora- tion has been attributed to arsenic; a case is also recorded of ulceration and perforation of the intestines. The Doc- tor proceeded to speak of the eflects of arsenic on the duddeunu, the rectum aod other portions of the intestines which would be inflammation, and at thoge places men- tioned inflammation would be'seen, whether arsenic was applied to the stomach, the skin or an ulcer on the skin; the biadder would be collapsed, and the kidneys would be in @ condition to cause a flow of biood to the parts aifect- ed; the brain is ysually clear and serene, the lungs are sympathetically affected, because of the manner arsenic produces death when taken in small qnaptities for a length of time; the shrunken and bippocrated countenance is common in all diseases where the nervous systom has re- ceived @ great shock, so thata body may be examined which was poisoned without observing any morbid effects, becauee it injures the nervous system without leaving ay trace of the caateorer denind. Tne witness then de- seribed the effects on nerves to be paralysis. To the Court—Saw a body a short time ago, which was buried in Greenwood twelve months since, and it could not be recognized; in a dry ground or a high ground, where the water would run off, the body wouid be longer preserved heat and moisture produced decomposition very rapidly; the majority of bodies which were six months buried could be recognized with difficulty, was more ex- perie im bodies buried a sbort time than those buried a Jepgtb of time; bas seen bodies twenty-four hours after death which could scarcely be recognized, and has seen bodies in cold weather preserved for weeks; in July, August, and even September, bodies have to be buried every day, as decomposition takes place so rapidiy that it would be most offensive. Mr. Ashmead moved that before the prosecution rested their cage they should be compelled to bring forward all the wityesses they had examined at the Coroner’s inquest and before the committing magistrate. ‘The District Attorney objected, and the Court sustained the objection, , TESTIMONY FOR THE DEYENCE—A CHILD WITNESS. Mr. Ashmead announced to the Court that, in order to save time, the counsel for the defence would make no formal opening. They would, therefore, claim that two connse} on their side might sum up whee the case was being submitred to the jury. He then called the prisoner's child, Isabella Jane Stephene, aud requested the Court to interrogate her ag to her knowledge of the nature of an oath. She is an intelligent and pretsy looking child, and spoke without lemidity Q By the t—How old are you my little girl? A. Seven years ot age. Q. Doyou know what it isto take anoath? A. Yes, sir. Q. Who told you? No answer. Q. Have you been going to Sunday school? A. Yea, sir; L went last winter. Q. ‘The winter defore that? A. Yes, sir. Q The winter before that? a. Yessir. Q. What would be the consequences if you were to take an oath aud not tell the truth? Noanswer. Q. Suppose you were sworn here, and did not tel! the truth, what would become oi you? A. I would go to bell fire. Q. Who told you that? A. My father; I don’t remember when he toli me; T know the catechism ; Igo to the Twenty-seventh street Rey school; I have learned the frst and sevond oate- chim. Tne Court asked the District Attorney if he objected to the child as a witness, ‘The Inatrict Atvorney said he did, en Court would admit the testimony for what it was worth. ; Mr. Asbmead objected to the Court making the remark in the presence o! the jury. ‘The Beatrice Attorney submitted that the child should be execiioed as any other witness, aud that no ieading ques- tious should be put to her. Mr. Ashmead contended that the same rule should be extended to her as was to the Bells, wbu were asked lead- ig questions by the counsel for the prosecution. ‘The chila was then sworn, apd it was truly painfal to the ear to hear the usual form administered to the littie creaiure:—The evidence you shall give between the peo- ple of the State of New York and James Stepbens, the pri- foner at the bar, shall be tae truin, the whole trusn, and nothing but the wrath.”? ‘@. by Mr. Ashmead—How old are you, Bella? A. Seven years old, Q When were’ you seven years ola? A. Op the Sth of August; I kuow Miss Fanny Bell; my mother was sick at one time; I saw Fapny Bell give my mother powders; she took them out of the clock; she gave them to her twice; she gave them to her in a tabi yy aunt Aannah waited on my mother when she was sick; I was sick once, Q. What made yousick? A. I ate flummery; it was on 8 Tuceday; my mother was sick then. Q. gave you the flummery? A. I said, ‘Cousin, can I bave this?” and phe said, “Yes;’’ no one cise but my mother was sick that cay; Fanny Bell was not sick that jit was on a Friday she was sick. Q. Do you know what made Fauny Bell sick? A. Cold cabbage; my father was not unkind to my mother; I heard Fanny Bell call my mother a liar; I saw Fanny Bell ee hit my mother with a bench. Here, at the request of Mr. Ashmead, a! the witnesses for the prosecution and defence (except the medica! men) were directed to retire from the coust and ovcupy sepa- rate roome in the District eegee lor Q. Can you recollect the day when Mrs. Stevenson (the bogs’ mother) died? A. 1 donot, sir; Idou't remember any conversation between my er and mother on the day of the funeral of Mrs. stevenson; my father went to ‘the funeral ceremony; my did not go; sbe did not dress to go; my fatber was at home that day afterwards painting the doors; | was not at home the day my mother died; 1 was over at my sunt Haupab’s; 1 goto Sunday school; | have received preayums for learning the cate- cbism. Mr. Sedgwick said the child's character did not require any sustainment. ir. Ashmeac—They have told me at the Sunday school that she 18 one of the best and most intelligent children there. Cross examined by Mr, Schafler—Iam living with my aunt; I lived in Twentyseventh street until IT moved to my aunt Banvah’s, on a Saturday, about two months ago; 1 was in my mother's room the day I ate tue dummery. Q. Did any one teil you, since this trial commenced, that it was flummery you ate? A. Yes, sir, Q. Who told you? A. My cousin, So- phia Hannah. Q. Did you know that you wers to be a witness in this case? A. Yes, sir; 1 Kuew it yesterday; Mr. Asbmead told me on Sunday nigut; I was at bis house about an hour or two; Mr. Astmead usked me quéstions; he was pot talking to me for an hour—about a quarter of an hour; the flummery was white and tasted sour; it did not taste like a pckle. Q Did it taste like s sour apple? A. Yes, sir; Ido not know what boiled rice is; I don’t think Y ever saw spy boiled rice; I don’t kaow what the white in the flummery was; I ate five tablespoon- fulie of it; I was sick aiter I ate about four o’clock, after I camo 3 1 went up to my mother’s room when I came home, I saw she was asleep and ] went out again; I went out into the kitchen and ate the thuomery, I was three or four minutes there; I did not eat anything more that evening; 1 did not want'anything more. “Q. How do you know that jt was flummery? A. My cousin, Isabella Bennett, told me it was; she Was sitting On @ chair and she called mo over to her and told me that it was flummery { bad eaten; bo ono ever told me before that it was flummery, and that y mother was sick; she asked me if f was sick; my mother dia not ask me ii 1 was sick; I went to bed with my mother end slept with her wil morning; 1 saw Mis. Stevens (fot the deceased) and Mrs, Hanuah there tbat evening; 1 vomited after eauog the flummery; 1 went {ato bed with my mother after 1 vomited, Q Do ye love dolled rice With sugar on it? A. Yes, sir; mother used to mako it; I know it was Tuesday Late the flummery and was sick; my cousin, Isabella Ben- nett, told meso On Sunday. Q. Was it before or after you ‘went to Mr. Ashmead’s? A, Before we went; she wid me it wae the Tuesday before my mother died. Q Who tok) you that you would go into lel: fre if you wid A. Father told. me I woud go into the fire if I told a he told me a couple of weeks ago; he told mo in the house in Twenty-feventh street; my tather was there; I did not see aby geDtleman with brass buttons with him, Q How aid you gee your Tuther there couple of weeks ago? A. did not mean to say a couple of weeks ago; I mean a nopnth ago; there was no one with him; I moant to say it wae in the Tombe he told me; I forgot, my cousin, Maria Hannah, was with me; my cousin toki me sho was going to take me there, and I wanted to see my father; the day Iate the aummery, Mrs. Foley and Mrs. Stevens came in; they did not speak to my mother because she was asleep; ny mother awoke while | was asleep; they were there three or four minutes before I got home from echool; Fanny Bell told me they bad been; T had vomited only once thet day before I got into my mother’s bed; my mother was asleep; she did not kuow T was fick until next morning; I vomited iv tay mother’s room; J think ft was ‘o the kitchen; | went to school every day during my mother’s sickness, except on Tuesday; 1 went to the grocery for bread; T stayed at home tue Tues. day of Mrs. Stevenson's funeral. Q. told you it was Twerdag? A. My cousin, Isabella Bennett, Mr. Shaffer—She fold you a good many things? A. No, sir; sbe only told me the two things I wld you; I would not know it was a Tuesday Isabella, told me; I was over at my aunt ‘Hanan’ the doy before my motber died; my cousin took me there; myo usin Isabella frst told me that my mother was dead on Wedses- cay morning, when I got up; I went to bed about. o'clock, Q. Igabelia told you anything about Bell telling your mother that she lied? A. Ni heard her say it; I can’t recollect when it was; \ell apy ope about it; Itold Mr. Ashmead on Light; Isabella told me that Fanny Beli called my a Vier; Isabella Bennett talked to me for minutes about these things before I went over Mr. Aebmead’s; no one spoke to me about powders: Asbuiead askea me if I ever eaw any one give my powders; no one told me bout it; I saw them; there was no doctor attending her ume; it was about a week before she died that gave my mother the two powd her—beef, cabbage and potatoes room door; I saw her take the powders ont of I stopped eating my dinner and went out ioto room. Q. What was it that occasioned yon to stop jug your diver and go to your mother’s room? A. I not go into my mother’s room; I went to the door to what Fanny Bell was doing. Q. Why cid you want fee what Fanny Bell was doing? (A pause) A. I wanted to cee what ahe was getting. Q Why did you want see what she waa getting? (Alopg pause, moa Q. Can you tell? A. No, sir, Q. Have you talked w: apy one, or talked to you, since Sunday night, Fanvy Bel} your mother these powders? A. No, sir; no epoke to me about it before Sunday night; T remembered it all thie time and never told any body; 1 went to the room and.saw Fanny Bell go to the clock and take the powders, and I went back to my dinner; Fanny Bell was atthe Caos when I ge meando eat my dinner; I bad commenced eating wy dinner before { went to room. and saw Fanny Bell at the clock. ie Q. Was any one else there? A. No, sir; I think my fa- ther was there; 1 am not sure; he was in the kitchen eat- ong bis dinner. Q. Have you now told al] you know about Fanny Bell giving the powders? A. Yes, sir; cousin Isabella told me about Fanny Beli throwing a bench at my mother on Saat Sundy night, before we weat to Mc. Ashmead’s, Q, Did you know anything about Fanny Beil throwing the bench at your mother untii Isabella told you on Sun- day bight? A. No, sir. ‘To the Court—I was seven years of age when I saw Fapvy give my mother the powders; I mean I was six. Mr. Ashmead to Belia—Where were you when you saw Fapny Bell throw the bench at your mother? Mr. Shaffer objected,as ete said she knew nothing about it but what she was toia. Q. Who went of errands when your mother was sick? Objected to by Mr. Shaffer. The Court said he would allow it to be put if the defence thought it of any importance. Mr. Ashmead protested against these opinions from the Court, and guid he would throw up the cage and leave the Court ifthey were continued, The Court then put the question, and the child replied “Sometimes my cousin and sometimes myself.” The Covrt here took a recess for half am hour. On re- aesembiing, Jobn Cantrell, the undertaker, who was examined for the prosecution, and who assisted in placing the body in the coffin, was called by the defence, and deposed that he saw no mark about the eye of tne deceased; if there had been apy he certainly thinks be should have noticed it, To the District Attorney—The room was very light; bas not spoken to any one about this since be was jast examined; he might have told his wife this morning that he was coming down to testify; he was subpoooaed by one of the gentlemen at the end of the table (near Mr, Cushing); it was given to him before he left the Court the last day be was here. . To Mr Cushipg—I remarked that her’ countenance was extremely pleasant. ‘Mr. Shaffer—Did she look like a woman that was free from painy A. Yes, sir; 1 thought so. Susan Happab er of the prisoner) examined by Mr. Cushing, deposed—I live at 225 East. Twenty-third st my husbana’s pame is James Haunub; I am a sister james Stephens; I have a brother married to a sister of bis wife; they are in Ireland; my brother, mes Stephens, came to this country befure me; i came about a year and « baif after him, IT have Deen on very friendly terms with him always; I visited him frequently. Q. What was the genera! heaith of Mra. Stephens? A. Sbe would be compiamug “ouce and while;’’ previous to her last ilipess she bad & sickness; it was about two years before her deaty ; she had @ ‘‘heay off” her stomach; abe complained of her breast and a pain in her side; she often thought she bad @ touch of con- ‘sumption; ‘was then, to the best of my recol- lection, & month or five weeks confine? to her ; Dr. Cadmus attended ber at that time; after that recovery she would be complaining of a short, breath frequently when she went up stra with a weight in her hand, no matter how light the weight was; sne eaid she would often come to sve me oniy I lived up so high; I lived up four stairs; her ankles used to swell eome- tines, aud then the swelling would go away; in her lat sickness I was with ber every day from the time sbe was. & Piste fils i] EF. ge 2. ik sSEe il! fF) she affected then, compared with ber first sickness ? (Odjected to) A. I could see no difference in the way Bhe was affected two yeurs ego and the time she took ber death; she bad no diarrtera; J know, because she sent for mo and told me the doctor ordered her jn- Jections: I administered injectio to ber Ove or wix times; I gave Ler one on the Monday prior to her ceath; the injection was composed of soap suds, & litte rait, and, to the best of ny recollection, there was a litle castor oil in it, Q. Wao adimatetered the medicines lo her? A. I never saw ber get any medicines; | was at her house twice the day of her death; I went there about: ten o’ciock and left at s few minutes of twelve; I returned at four o’clock and leit at six; 1 returned again at half- past cight o'clock; she said # sheegot woree ene would tend for me to take my leave of her; | then remained there until she died; J and >0; bia Beli laid ber out, at her 2 asked me to do so; she did pot sieap Seemed moch about the same way; she would ark for adrink and then throw it off her sto- mach; my daughter Maria came with methat evening; m; daughter Isabeila was ere that day; im the house Sophia Bell, Fanny Bell, Mr, Davis and Mr, Armetrong: they were praying when I went in; there was singing; the deceased 8 sister repeated the verse of @ hymn and they sung it; 1 did not notice ber breathing hard that night; Idd uotsee her sleep any; after Mr. ‘Armstrong and Mr. Davis lett { raised ber for a purpose; she bad a very littie movement of the bowels; she had but ope movement before that that day; it was in the af- ternoon, and very little, (Witness bere described that the ceceared had not ber regular health as a temale for a year before her death.) Sne got medicmes (or that from ‘old Dr. Caamus; he is since dead, I iton’t recoliect if she = prt 8 a pain in her side; at the time of ber rat eickness Mr. Stephens was at a camp meeting; ] knew deceased in Ireland; she had the ‘-heaving of” about nine years and over at my own place in Ireland; I was not present at Stephens’ marriage; she told me she to this country; it was a yellow cvlor she used to throw off; when she was sick two years before, myself, my daughter and Sophia Beli used to sit up with ber; sho was a gcod looking woman; she was not old looking; she had lost ber teeth; after 1 raised her up that night she spoke to them all und said she *‘was called bome;” she it ber arms around her husband’s neck and said, “Dear usband, meet me in heaven; she said, ‘‘Take care of my chiid,” and that she knew she was leaving her with ‘® good father; she died at ten minutes totwe o'clock; T told them to look at the clock, which stood on the mantel- Piece; there was generally a light in her bedroom; she told her busband not to goto a boarding house, and not to Jeave the child, for she (the child) wouid soon be for- gotten if he left her; she seked bim to liedown, andtold me to go and make up a bed{orhim; he saia he could not sleep, Itold him to go to bed; he isy down; I went out and covered bim and took off his st and brought them into deceaged’s room, that she might seo as in bed; 1 did not see either of the Bells lie down that night; 1 told him I would call him if she (the wife) was worse; I calied him #8 she was breathing her iast; there was ing like convulsions or cramps; I did not hear her com- pla of numbness; I saw no difference in the use of her arms; 1 saw no jaudanum administered to her that day; know the smell of laudanum; it could not have been ad- ministered to her whiie I was there, I saw no Qrandy ad- # S Br ing the day and evening; whe recognized and spoke to people as they came in through the day and ; there was nothing like drowsiness or gout bers thera from other sick people; she spoke to er and toi’ her to be a good girl, and poh renlr be g ag Davis was there twice that day ; the iast time was about ven. o’clock in the evening; daugbters, Isabella and Maria were there; my brother ‘(iamnes ‘Stephens) and Fauny Bell were there, Sophia was to work iu the day but waa there in the evening; Mr. Davis and Mr. Armstrong were there; Mr, Puimen was there when L was uot there; I can’t re- collect of aby one else that was there; Fanny spilled sude on the carpet and Mra. Stepbens said it would spoil the carpet; Fanny made an answer and said it would last longer than herself (Mrs. Stephens). Q. Did she com- piain about persons wot coming to her while she was sick? (Objected to, Admitted.) A, She complained Of the Miss Belis not being kind to ber; thas they were not ‘willing to ateend to her, aud she said that if she got well off that bed they should not “harbor” long about ber; James Stephens was in the hoose during that brad and be was over to my house; he was out ont Nand time; I don’t know where; during both ti she was heaving off and her bowels were costive; the Sunday before Mrs. Stephens died both of the Belis were the morning, aud Fanny was outin the evening Stepbens bad's good complexion, but towards her ext her color declined; she did not have a black eye during her last sickness. Q. Do you know of any one purchas- ing arsenic at Dr. Cadmus’ store of Flynn, a clerk in the store? A. Yes, sir; my busband did; James Stephens was with bim; 1 stood on the sidewalk until they came out; it was the July previous to Mrs, Stephens death; it ‘was got for rats; my husband took it home and mixed it for the rats; it wax three cents worth; my basband at by od ae brought home three cents worth more for e rats. Q. Do you know anything of the Rell girls there after the death of ‘ire. eae, their seaman inde whore request they remained there, and how they came ir? Shafler objected to the question, Against these thrusts being made at the living, A. They lived there after the death of Mrs. Stephens; they lived with my brother; he talked about break! up house, and said he would go bome (to Ireland) to bis father; Sophia came over to me about six finter’e death, ad said tbat their uncle was going to turn them out. , Mr. Shaifer objected to this testimony, as Mise Bell’s at- tention was not called to it on her croas- examination. The Court aaid that if any attack was made on the cre- ibility of ho Misses Boll, Mey might be recalled fo ox+