The New York Herald Newspaper, March 26, 1859, Page 1

WHOLE NO. 8238. HE ALLEGED WIFE POISONING. Court of Oyer and Terminer. Before Hon. Judge Roosevelt. ‘HE THIRD WEEK—THB JUDGR'S CHARGE—THE JURY IN DELIBERATION. ‘ Mancu 24.—The People ve. James Stephens.—Mr.’ Ash- mead, at the sitting of the Court, proceeded to address: ‘he jury on behalf of the prisoner, and having reviewed the testimony, commented with much severity upon the prosecution, and characterized it as a case of blood. Jn the course of a very cloquent argument he adduced several cases, amongst which was that of the first ‘Napo- Jeon, where the body was found in a state of preservation after years of interment. In concluding an address of ‘ever two hours and a half Mr, Ashmead said:— Tam now, gentlemen, abont to commit this cause to ‘your bands, and the fate of the defendant is to bo lef, ‘With you. Ihave already spoken of your responsibility and need say no more on that’ subject. It ia a terrible and awin) responsibility, and you fully understand it- But I have a word to say, and I may 2s well gay it now. My part in this terrible drama thet has been enacting be- fore you is now dono. I have endeavored to do my duty. Ik was a colewn one, and I have sough! to discharge it, met merely a8 an advocate, bit as aman. And if, afer thie, and upon euch evidence as bas been produce by the Procecution, you can tind the defeadant guilty, very little ‘of the blame will rest upon me. The balance of it I now transfer in this court room to you and your children, A recess was then taken. On reassembling Mr. Chauncey @haffor made the concluding argament for the prosecution, He epoke with much force, and analyzed the medical tes- Mmony with great minuteness, coatending that there were evident traces of poison in the deceased, and that there ‘was a motivo for the prisoner to get rid of his wife. Mr. Cushing asked the Judge if he intended to charge we jury this evening; his colleague was not present, and | be would prefer that tho charge ehould be given in the morning. ‘The Court replied that he had consulted with all of his eolleagves, and they agree that it would be uasafe to per- mit the jury to separate after the summing up of counsel. ‘The Judge then proceoded to charge the jury:— THR JUDGR’S CHARGE. After a protracted trial, gentlemen, of nearly throo weeks duration, involving, 1n the main, a mere question of fact, and after so many hours spont by counsel ina minute and claborate dissection of the evidence, Ido not deem it proper, as tt certainly is not necessary, that tue Court should still farther task your patience by’ any very extended remar's. 1 sball confine myeelt, therefore, to & very brief outline. The prisoner is charged with the rime of murder, committed, it is alleged, abouta year and a helf ago, in September, 1857, 0n the person of his own wife, not by violence, or in an outburst of angry pas- sion, but by the slow, stealthy and deliberate administra- téon, under color of food or medicine, of repeated doses @tuke no notice of the iandanum) of one of the most virelent poisons known in nature. I need not say to you, gentlemen, that such a charge, involving turpitude and eruelty almost surpassing belief, should be supported either by the clearest direct and positive, proof, or by a mass of circumstantial evidence, ail tending to one result, and so consistent in its leading features as to leave no rea- sonable room for doubt. Whether the evidence in tho present case, taken as a whole, comes up to the required standard, it will be for you to determine, The Court may aid but cannot supersede your functions. The issucs of life and death are, by Jaw, in your hands, and yours exclusive- jy. In analy zing evidence, gentlemen yeapecially where it is meroly or main!y circumstantial, { have always found a great advantage in keeping steadily in view the two par- ‘iculars of time and place. Chronology and geography, it haz been well said, are the eyes of history. To begin, then, ‘with the first date and place of any importance in this transaction: In the year 1848 or 1849, or about that pe- riod—the precise year is not material~there was a res pectable family of the name of Bell living in one of the inte- rer northern counties of Ireland, settled mostly—J mention the circumstapce as accounting for one of the ieatures of ‘the case—by persons of Sco‘ch and Eaglish cxt raction. It consisted o1 the father; a maiden sister, of about thirty- wix years of age; two daughters, one about sixteen, the ‘other about eleven; a younger fon, and it may be some ether childven, Into this family the detendant, then a young man of only two or three and twenty, an’ possess- ing, a8 we have aright to infer from the evideace, an Bnexceptionable character, was introduced as a suitor. Why he selected the aunt of thirty six in preference to the niece of sixteen is unexplained. Al! we know is that he 4i¢ s0—that his choice was ratified by its object, and that ‘the wedding or at least its essential preliminaries, took place ‘under the brother’s roof, and seemingly, and I think T May say actually, with the brotuer’s approva- tion. ead ra the usval bridal tour—usual i weavt- “among = Americans—the happy coaplo—for Rething le shown to indicate that they were not then happy—emigrated from the county of Cavan, a_ not ‘pusual occurrence, to the city of New York. Here we find them comfortably, and we may infer happily, o8- tabliched, occupying, althongh not very spacious, tlio en- tire third floor of the brick honge known as No. 166 East Twenty-seventh street, divided into a sittingroom, ball, two bedrooms and a kitchen—the dimensions of the whoie together bemg about twenty-three feet square. And here, in an evil hour—evil for both parties, as its conse. quences, in apy view of them, most painfully demon- strate—they invited the elder of their absent nieces to pay them a visit. Sho had then become an attractive yoong ‘woman of eighteen. With her father’s concur: and accompanied by two friends, she undertook the voyage, arriving in New York the day atter her aunt had given Dirsh to an infant daughter, and of course in the midst or ‘the joy which such an event was calculated to impart to ‘oud the parents. Her reception, we may presume, from the known attributes of the Irish character, was cordial and aifectionate. One of the only two bedrooms at their command was assigned for her use; ant, with commenda- Die deticacy, that room was selected which alone opened upon the hall, and had no direct communication with the ther or with the parlor, Here sue remained for a con- siderable time, learning—she went daily to an establish. ment for that purpose—the trade of @ dressmaker. Iav- ang st length attained sufficiont skill in the use of the needle, she procured a situation as dressmaker in a private family living on the Fifth avenue, not very far distant from her aunt's residence. On one occasion, while resid- img at that place—she continued, it wilf be remem- ered, to reside there about three years—Stophens, while the family were ont of town for the sum mer, paid her a visit, bringing a bottle of wine with him. To gratify his curiosity she took her uncle through tho establishmont, showing him the splendid tur- niture, and pointing out t0 him, among the other cham- bers, her own comfortable apartment. While so en- gage’, her uncle, she says, seized her and attempted an act of Violence to her person, the consummation of which her tbreatoned screams alone prevented. Is this stato- ment true? No eyes saw the act except her own and tho prisonor’s. Her subsequent silence on the subjoct of the alleged outrage bas afforded matter of severe criticism. It ig for you to judge of her explanation. She says the pri soner expressed great regret for the hasty indignity, and ‘Qbreatened, if she disclosed it, to separate from her aunt and break up the family. His penitence and his threats combined—although not quite reconcilable with each other—sealed her lips. Bot why, only six months after, did sho return, even with the safeguard of her aunt's pyre. gence, to slecp under the roof of the man, although her ‘ancie, who had so lately demonstrated his unGtnoss to be trusted? This first exceptionable occagrence, it will be remembered, if the testimony is to be reliod on, took place about ‘the month of September, 1856. Shortly terwards the younger sister, then still in Ireland, poing bad beaith, was recommended, it seems, to take a soa yoyage. A correspondence accordingly ensued, and the ‘invalid was invited by her uncle and aunt to make them a visit, to return, after a year’s absence to her 1 a home. She (that is “Fanny Roll, the yor sister) arrived hore, a girl of eighteen, in’ March or April, 1867, about six months "atter un occurrence alluded to, and about six months befor ber aunt’s death. Sho—I mean Fanny Sel!—weat imme- diately to her aunt’s house. It was patural that her eis- ter Sophia svould join her, or be there to reovive hor. They could be company for each other, and (aconsideration which with their probably very limited means was not to bo disregarded) they could, as two sisters well might, oc- cupy the same room an: the same bed. Their father, too, Mule imagining such a scene as this trial presents, and having entire confidence, it would seem, in the defendant's ndence and integrity, had instructed them to be guided frat things by their uncle’s adv Under the same roof algo was toeir infant cousin, thoir aunt’s bright and petted only child, ‘The prisoner himseif has demonstrated in the face of tho Court and jury the existence and probable force of that attraction Whether these circumstances are suffi- cient or not toacconnt satisfietorily for Sophia Bell’s return to her noclo’s house, notwithstanding thé aliegod outrage, it will be for you to determine. Assuming, for the present ‘that this first offence was attempted, was rogrowed, an: was forgiven—all of which you are to judze of—we may pars on to the next incident of importance which the tes- timony discloses. You will bear in mind that both sisters, although they went out to work as dressinakers, Were now, in the spring of 1867, living with their aunt, contributing, 48 wo may presume, one or both of them, to the exponses of the house during the six months (an iraportant ora) im- mediately preceding her death. Towards the close of that riod, in the month of August, an altercation, it is al- is the next incident in order,) took place in the woeon Stephons and his wife, about the funera! nd. Stephons dressed himself to attend it. His wite wished to xecompany him, Ho rofusst to wait for her Words passed, and ho, it is said, atruck hor a blow in th pk go which she exclaimed that he was ® murderer or that he was murdering her, Tho dpor of the room a the time was not quite cloeed, and the sisters wore cashing outside. On hearing the woise and tho blow ‘they entered and saw thoir aunt with « haudkerchiaf held to her eyo. Sho wishe1 them not to speak of what bad ‘taken Such is their version of the second material moklont bearing on tho question of motive. The prisoner's counsel contend that tho whole is a mere fiction, and un- donbtedly there is some strong testimony which {t is «if. galt to reconcile with the absolute trath of the statement. ‘The existonce of the black eye was subsequently per- ceived, it is true, by other witnesses, but others again did not observe it. The probabilities of the case may be tat a blow was given, but that its results were not 80 visible a8 to bo noticod by a casual observer, In this way only, ifatall, can the toatimouy be reconciled. It may be proper hero to add, as an established rate of evi dence, that where testimony, seemingly conileting, can bo recoetlod, porjUry is not to bo preumed, In addition to ‘the outrago referred to, ono of the sisters swears that about the samo period, although I do not understand her @ #poak of the same Occasion, she heard the prisoner say he wished her avnt dead, or out of the way, Indeed, ac- ‘cording to tbo accounts of both the sisters, contradicted trong'y by otber witverses, he made no aggrat, at this ove, & marked par- one of Se oe 8. He mee par. > say, upon unfortunate disparity the ages of himself and wife, she them beicg about forty.six, while he was only thirty-two. When be accompanied her, which, however, he often refused to do 1 was a source of annoyande to bim th2? the world shonid say she iooked old enough to be his mother, On thocther band, bowever, the prigoner has shown by numerous wit- nesses that the kindest relations subsisted between himee!f and his wife, and that in her dying moments she addressed him in terme of tenderness and endearment, But, assum- ing on this point all the evidence on the part of the prose- cution in its main outlines to be true, it is far from suffl- cient, by iteelf, to make out @ case of contemplated mar- der, Spleen, and disappointment, and jealousy, and ill. hamor may exist without the remotest approach to a murderous intent. Even a blow in the face, if witn the band merely, scandalous and unmanly as it may be on the part of the perpetrator where a woman is the object, and eapecially .f that woraan be a wife. @ no evidence, or, ifany, Very slight, of a design to kill. There occurred however, simultaneously, or about simultaneously with this transaction, the most important incident which the testimony bas disclosed. Mr. Fiynn,a druggist, residing in the Second avenue, within a very short diatance of the prisoner’s home, whose place the prisoner had for several years been in the habit of visiting, swears that about rix ‘weeks before Mrs. Stephens died, he sold her husbant a parcel consisting of fair an ounce of white arsenic, and again, in the course of the ensuing woek another Whe qoautity of the samo matoriai, A fact like this, if unexplained, would add: terrible sig- nifcancy to the previous outrage, if that outrage, as tae prosecut contend, was actually perpetrated by the prisoner. You will, therefore, give to the evidenco-— somewhat contradictory as it seems to be—in relation to tho alleged biow inflicted upon the deceased, the most careful consideration. Whether you find the blow to have been initicted or not, or whether you find it to have been & comparatively slight or a more severe one, the inquiry will still have to be answered (the contrailicting weti- mony of James Hanna I shall presently consider), what induced the purchase ana repeated purchase by tha pris- oner, at the times referred to, of so large a quantity, or any quantity, of a known deadly poison, and w what pur- pore was it to he, and was it, in fact, applied? Woe find the wile of the prisoner, on or about the 6th of Septem. ber, within a tew weeks or days after tho purchase, com- piaining though very slightly, of a pain in her ‘cheat, jer husband, contrary to her wishes, sent for a poyeician. The physician, after two attendances, deeming the matier of little conseqneuce, discontinnoa his visite, and at the end of a year and a ball, so slight had been the impres- sion made upon his mind, was unable to recollect the symptoms of his patient. In ten or eleven days, how- ‘ever, the case assumed @ Serious form, and another doc- tor was sent for. This was five days only, § think, before the patient’s death. He found t! yatient suffering from pain in the pit of the stomach, and vomiting and great de- bility. His vigits, nevertheless, after three short attead- ances, of only a few minutes cach, by direction of the prigoner, it is said, wore discontinu2d, and in thirty-six tw forty hours thereafter his late patient was a corpse. Her death took place at about two o’clock on the morning of the 23d September, 1857, being the eighteenth day from the commencement ‘of her illness, if we count from the first visit of Dr. Cadmus, on the 6th of that month. You have heard detailed by three or more wit- nesges the burning thirat and other symptoms which exhi- bitea themeelves during that period, and especially on the Sunday, Monday and Tuesday fame) its termination, You have also heard from the lips of some of the most distinguished members of the medical profession—all agreeing in the main features of their testimony—what are the effects exbibited before death where arsenis has been taken in poisonous quantities, and which of those effects are peculiar to that one cause. On these state. ments, weighing them deliberately, it will befor you to determine, as ope of the steps to your ultimate conclu- sion, whether the symptoms in the case before you were, in-point of fact, the same substantially as those attendant on arsenious poisoning. Should tbo comparison, after the mest careful study of every particular, still leave any doubt on the mind, you will then haye the right, and it will be your duty, to look to another, and porhaps the most wonderful feature in this most remarkable case. Post mortem examinations, ag generally unterstood, are dissections of the body made wituin a few hours, or, at farthest, days after the death, In stance Mire. Stephens a whole elapsed. She dicd on the 234 of 1857, and was exhumed on the 23d of Sop ‘This long period of interment, so fatal in ordinary cases to both observation and experiment, has furnished, it is said, one of the strongest links in the chain of evideno establish the fact that ar: whomsoever administ death ip question. The body was in a state of preserva- ton to be accounted for, say the chemists, by the knowa action of arsenic, and yielded, under the operation of pro- vably the most perfect and careful analyais ever conduct- ed by scientific men, @ sufficient quantity of the poison to demonstrate that arseuic had been taken into the system e death, and that death it, I need not o go over thes? admirable experiments, which 80 wonder- | tully illustrate the powers of science and do so much honor to De. Doremus and his associates. They have been almost repeated by description in the course of tho trial, and must be fresh tn your recollection. It will ba for yon to consider them candidly, and to give them, as on a question of life and death, ail the weight to which, in your deliberate judgment, meking due allowance sible error, they shill seem entitled. the conclusion thus dead body, tal played in the liv ! areasouable doubt ‘Unat the deceased died of the effe of arsenic, your next inquiry will be (and it is absolutely free from difficulty) by whom and with what intent was the poison administered. T shall not stop to consider a suggestion, slightly indicated in some of the statements of the defendant's witnesses, that the blood nieces of the wife were the authors of her death. No conceivable motive existed or has been as- signed for snch on act on their part; and the implied charge may be placed, } think, rather to the account of a spirit of partizanehip (of which there have been indica- tions on both sides) than to agpirit of candor. Dismissing that suggestion—a suggestion rather calculated to injure than to advance the cause of the prisoner—I shall now call your attention for a few moments to the position on this Point taken by the counsel for the people. The prisoner’s wife, you will recollect, was confessedly four- teen years older than him: Although fair and robust, she had lost one of the great elements of female beauty: her teeth, as is but too common ae occurrence in this cli- mate, bad been the victims of premature decay; and her disposition, whatever it may have been originally—if the character given by the prisoner's sister is to be relied on—had, for at least two years past, assume a com- plaining’ type. Her niece, on the other hand, who was in constant habits of intimacy with the prisoner's family, was young, and had just attained the age of womanhood. ‘That niece bas been before you on the witness stand. You have had occular evidence of her personal appearance, whether attractive or otherwise, and of its pro: bable influence, if any, upon the mind of the prisoner, Tn an unguarded moment—giving to the transaction its mildest construction—he showed its actual iutlaence, if her testimony is correct, in an unlawful attempt during his wife’s lifetime, the particulars of which have been given, and need not again be repeated. And ina month alter his wife's death—the barrier to a new union being removed—according to the game tostimony, he made for- mal and urgent Proposals of marriage, which, being rejected, were followed by a second unsuccessful attompt upon ber person, and at last by a scandalous anonymous letter, addressed to a rival suitor, to prevent the consum- mation of a pending engagement, destructive This letter you will probably ard as of tance in determining the state of the writer’ time it was conceived, and as reflecting back with mvch signifieancy upon an antorior poriod of his life, if written by the prisoner. Its authorship, therefore, becomes a matter to be carefully inquired into, On this point, you will recollect, one of the Misses Bell swears that she is acquainted with the prisoner's hand, and that the writing is his, Ina civil suit this evidence, unless contradicted, would be suilicieut to establish the fact. In a case of life and death, however, unless fortified by other circum- stances, the mere evidence of such handwriting might well be distrusted. But we have the additional fact testi- fied to by Mr. Flynn that the prisoner came to him with a lotter enclosed in an envelope, requesting him to write the address; that he did eo, and thatthe envelope produced b: the witness Cardwell is the identical paper. Cardwel then testifies that the letter so addressed was handed to lim by a boy, and that it is the same now in court. Ni ther of these witnesses being impeached, their testimony, if believed, wonld seom, even without the aid of the Misses Bell, to fix the authorship upon the prisoner. What, then, does the writing of such a coarse, illiterate, anony- mous production indicatey There can be, it would seem, but one answer—dieappointed preeion and thirst for re vonge, and a striking confirmation, more or less com- plete, of the narrative of his conduct given hy the Misses Vell. Ihave assumed thas far that the evidence given by Flynn, of the purchase by the prisoner of arsenic on two occasions shortly before his wife's illness, remains un- contradicted and unexplained. This assumption must now be moditied if not reversed. Mr. and Mrs, Hanna, the brother-in-law and sister of the prisoner, and I think their two danghters also, testify in effect that tho poison was purchased for, and actwally applied to, the ortinary purpose of destroying vermin, and that it was so used, not on the premises of the ‘igoner, but on those of his sister’s family. 6 mony, a8 you will remember, has been criticised with much vevority. It no’ doubt requires to be closel; scrutinized, bot is not necessarily to be discredited. It presents the spectacle of a marricd sister, with all the members of her immediate family in her behalf strug: gling—and, if supported by a conscious senso of truth, justly strnggling--to save a brother from an ignominious death. 4 case calls for much indu! ‘on the on hand and for considerable drawbacks on the other, We have the highest authority for Lote HF “What will not a man give in exchange for his lifer’? And it will be for you, gentlemen, &@ say whether in the present instance life bas or has not. ben sought to be purchased at the ex. pense of truth. KH you come t the conclusion that the poison testified by Mr. Flynn to haye beon sold to the pri. Boner, on the two oscasions referredfto, shortly before the ‘liners ef the doccased, was in fact sold to Hanna (che pni- soner being only present at the purchase), and that it was in fact ied by Hanna to the destraction of vermin and not to the destruction of the prismer’s wife, then one of the main, though perhaps not essential, proofs of tho charge against bim will bave been overthrown. Still, however, the oft re} inquiry will remain: how camo arsenic to be found (if it really was found) in the body of the ecoased & year after its interment? If arsenic, as the mon of weience Bay, be not a constituent of the human frame, cither bofore or a(ter death, by what agoncy waa it in this instance infused into overy part of the system? The two fo pay =o Dra. Cactmus and Iremongor, who successively for a few days attemded the deceased, swear, in oflect, that there was no arsenic in their prescriptions. Those, therefore, by whomwvoover administored—uniess wo sup- pore come unexplained accident—could pot traye been the cause. As to the food and drinks—toa latter so incessant- Jy calied for—ihey appear to tare Dee given. 6 ee ceased by the prisoner and bis sister and mecss iadia- criminately. There was ample po oo ee » if 80 disposed, to infuse arsenic into them by r,or by two or more of them combined. It is for you to weigh the rospective probabi ities. Woy, it has been asked, did the priguner, if desirous of preacrving bis wifo’s life, not send for a physician? Or, rather, wby did he, at the most critical moment, direct—if such was the tact—s discoatiousnce of the medical visite? I confess to you, gentiomen, that with no little desiro to be charitable, I have found some difi- culty in answering this question. Jt may have been that “hie poverty, not his will, consented.” But why notmake atleast an elort? Why, with the terrible suieriogs of his wife before him—the mother, too, of bis only child—sur ferings sufficient to excite the sympathy of the coldest and to prompt the most indolent to exertion—why did he not fo bad almost said rush) to the physician, and if could not buy, him to come to her relief? act might have ineffectoal, but it would at jeast have been demonstrative of kindness and hope. Instead of that, the prisoner, through ono of bis witneszes, tells us that, yielding to his wife's eptreaty, he retired to an adjoining room, went to bed, and did not return til! the lapse of five or six hours, at the mowdut the sufferer was drawing her last broath before dissota- tion, The privoner at the hme, gentiemen, it will De re- collected, was nota giddy, thoughtless youth. He wasa man thirty-two years of ave—a father, a momber of the church, a teacher in one of ite Sunday schools, What, then, it may be asked, does such conduct under such cir- cumstances, indicate? Does it.indicate merely apathy and indifference? Or does it indicate, with other circumstances, @ transfer of the busband’s affections from his wife to anotberobject. Im this connection it must be observed that the defewdant himself has proved by his own wit- nesses avery striking intimacy, both before and after the death, between himself and his wife’s niece—an in- timacy which, iu an aionymous lettar, he was willing to insinuate, bad reached, or nearly reached, the point of actual criminality, Aa it is your province, however, gentlemen (it being a crimiual case), to determine the meaning or that letter, in the light of the surrounding circumstances, avd to ascertain with that aid the infe- rences legitimately to be drawn from it, and as its bear- ing npon the questions in issue is deemed to be of con- trolling importance, reflecting its shadows back upon the dark pight of the 22d of September, I shall detain you a few moments by laying before you once more its literal contents. It was addressed, you will recollect—I mean the envolope—to Mr. Samuel Cardwell, the supposed suitor of the lady My Dear Sin—I send to you one or to Lines to Let you know that I was informed that you are Keeping Gann be @ young woman whose name is Bell Iwant to jou Know some of her havier I was Broughton @ trial on her uncel concerning of her and him and he Refused to tell a taing until we Put the Booke ia bis hand and then he woul not spake unti) there came witness agaluat him and he had to answer for him self | weut where she lived in fifth aveaue and the Lady told me about her wich if not very good. [ would not Like to spak for some tim Longer and you can ase her yourself and (aie can judge for yourself or ask her how she spent her nig! when her ant and her sister wag at the excurmon themau fey anc Putaclongbt on the dore this was atl sworne fore me apd I now Put you on er, gard for you may hear it your self yon can go to that Lady and she will fall you’ she knows how she spent new yeres beri ee oe I went in to ber uncalls and seén hin and in bed she knows what she was doing and sbe was in church that nigot and went out and fainted and she sent im for her uncel and he went after them to his house I know whet T and geen you can ask her and then ri can judge for yoursels it ina. wonder she con dh ve the face to Pass herself of on any man she must think the are verry Blind theese are only a few things of what is againster her nér good uncel and her will Be Brought where the will have to tell the wnth and thet very soo ‘Let you Be very wise and you can find itall out foras 1 Live Twill make a example of him and her for I never knew to grater villings than they were and his wife alive, and Iam told a very nice woman for the uncel was a raskel and Better for ahe knew it was wrong I will say no more now But iene meet you and [shall you some more about her itle none. dont be a foole fer I ame sure she could not pass herseff on ou. * Good By 1am your friend when he was asked to clear him- self in tbe Present of fve he could not do it for there was to many witnesses against him. You will soon here more, If, then, gentlemen, you find that the deceasod died of the eflects of arsenic, that the poison was not given to or taken by her through mistake or accident, that it was administered designedly by some person attending on her, that there is no reasonable ground for attributing the deed to any person other than the prisoner, you will still have to consider whether the case against’ him, calmly viewed in all its bearings, is 60 clear as to admit of an unbgsitating verdict of conviction, “Hesitation, in capital cages, a8 you well know, is the property of the accused. A lorkipg, anxious impression of possible innocence. should such impression exist, is enough to stay the hand of criminal justice. Itis better, says the law, that ten guilty should escape than one ‘innocent suffer. By this, however, you will not understand me as expressing or im: plying an opinion on the offence with which he is charged for or against the prisoner at the bar. That is your pre- fe swig 46 it is also your painful duty, and to youl leave it. Mr. Cushing thon asked the Judge to charge tha jury on the points submitted by the defence, or those to which his Honor had not adverted. The Judge read over the points (already published), and submitted them to the jury with some slight modii- catir Mr. Cushing then made several exceptions tothe Judge's charge, and particularly to his introducing the anonymous letter and his comments thereon. The Judge notified the jury that they were the judges of the evidence, and were to decide whether that letter had been suilici¢ntly proven to be the production of the | prisoner. The jury retired aboutefive o'clock, and not having agreed at ten o'clock the prisoner was removed to the Yombs until thia (Saturday) morning, when the Court will again assemble. The Sult Against the San Fran Committee, COURT OF COMMON PLEAS. Before Judge Daly. Maxci 25.—Moloney vs. Dows.—At the opening of the court Mr. O’Conor obtained leave to recall Mr, Moloney, who recognized in the Al/a California newspaper, of June 13, 1851, a publication of the affidavit which he made bé- fore the Coroner's jury on the inquest of Jenkins, hung by the Vigilance Committee in 1861. He had no recollection of ever having seen in 1851 the published. articlos of or- ganization of that committee; he might, or might not, haye seen a paper purporting to be such, but had no re- collection on the subject. (Mr. Cutting excepting to all these questions, and to a question as to what was the be- lief of the witness.) He thought he should have seen it if it had been published in all the daily papers; I may not haye read this one; I don’t recollect of ever having seen such a publication in my life. (The Court raled that the witness must state his belief, if he had any. Mr. Cutting excepted.) He believed that he might have seen some such publication, but that he had not seen the publication shown him in that paper. (Mr. O’Conor insisted upon a direct answer a8 to the witness's belief.) He had seen co Vigilance something in the paper resembling the paper shown him. | Mr. 0’Conor proposed to read the report of witness’ tes- timony before the Coroner’s jury, and the articles of or. ganization of the Vigilance Committee of 1851. Mr. Cutting excepted, and the papers were read by Mr. O’Conor. Mr. Cutting, bofore he rested his case, moving first to strike out the alleged evidence of Mr. Moloney before the Coroner’s jury and the articles of organization of the Committee. The motion was denied. Mr. Cutting excepted. Mr. Cutting offered in evidence the statutes of California in de(inition of treason. Mr. O'Conor then, on behalf of the defendant, moved for & nonsuit, in an argument lastiog over four hours, He held that no subject or citizen of any other State or civil- ized country, having suflered a personal tort at the hands of a’ fellow citizen in his own country, can import his personal quarrel hither, and place his fellow citizen on trial in our courts in an “action in the nature of trespass, and compel our courts to apply the proper rule to the case, and compel our juries to sit upon the evidence and determine the amount of d: es to which he may be entitled. He citod numerous cases to show that the courts of one State towards another would not permit of this interference to determine between citi- zens of a forcign State when the ground of complaint was based upon a revolution or insurrection, or whatever cir- cumstances, like those which created the Vigilance Com- mitten, might be called. He algo argued that no action of this eivil nature could be decided unti! the criminal proso- cution for the treagon or felony of te Vigilance Committee had ended. The Widening of Reade Street—Lmportant to Property Owners. SUPREME COURT—SPECIAL TERM, Before Hon. Judge Clerke. Manet 25.—Jn the Malter of the Widening of Reade Séree!.—This Court has been occupied for two days with a motion to confirm the report of the Commissioners as to widening Reade strect on the north sido, from'Broadway to Washington street. Various objectors appeared, and a large array of counsel representing them, amongat whom wore Judge Haynor and Messrs. Tracy, Wood, Sandford, Fullerton and Glover. It was insisted that the Commis- sioners wore not duly appointed, as they ware not “nomi- nated’? to the Court by any resolution or «irect action of | the Common Council, but only by the Counsel to the Cor poration, representing it. Complaints were made that as- | sosamenis ,were too ‘Re and awards for damage too assessed streot on the cast side of Broad the report in which matter was recently | confirmed Parts of such lots being taken for this new mont, itis claimed that there should be an abatement of the assessments, before im posed, to the extent of so much of the lots as is now to be taken, ition Comnse! that this ‘tionment could mado between the lot owners and the city, the lator becoming owner of what ‘was taken, ard liable to discharge tho assemsmont. sens such portion, United States Commissioner's Court. was not | | ret Burke; T was in ber room wi K HE MORNING EDITION—SATURDAY, MARCH 26, 1859. RALD. PRICE TWO CENTS. THB FOURTEENTH STRECY POISONING CA88. us and Horribie Pragedy—An Entire mschold Polsoned—Arrest of a Domestic en tartens Developements of Y Coroner's Investigation and ‘Testi- MOY Of the Witnesses—Iutercsting Particu~ SIngular Affatr. investigation commenced yesterday by Coroner Schirmer ip relation to the death of Mre. Bej)y Beetham, ropristroes of thy boarding house corner of Fourteenth Fourth avenue, devcloped one of the most mys- terlous an4 horrible altuirs ever chronicied. Taat deceased ‘fein the effects of somo mineral po'son, sad that was made to destroy her easire bousehoki, does admit’ a doubt. No ieas than sevon ont of the ten persone Who prrtook of breakfast on Wednesday moraing wi With purging, vomiting, aud 4 severe burning im the throas, mdicating pretty strongiy that they had Deen poigoned while partaking of their morning meal, those who were attacked wilh these symptoms Beetham, the Rev. Mr. Laweon, A. G. Kimber- ly, My, Canalejo, Mr. Robinson and hia wife, and ons of the domestics, named Margaret Burke. The sick were all affegted alike, and suffered apparently from the same poi- son. Modieal aid was promptly procured, and everything that could be dome was dono alleviate the distress of the sufferers. Mr. Rodinson and Mrs, Pectham were more severely attacked than avy of ‘the rest—the latter, as we have already stated, siniuns under the effects of the poison on Wednesday afternoon. ever since he partook of the fatal meal, and even now ho lies at death’s door, With these exceptions the remaining members of the family are considered out of danger. Among those who escaped trom being polsoped were two daughters of Mrs. Beetham and @ roedica! student, named ‘Thomas P. Haddock. They ate and drank what the others did, but, singular to say, they were not aifected in the least. According to the testimony of the Rev. Mr. Lawson, there was fried codfish, fried liver, roils, tea, coffve, sugar, milk and molasses on the breakfast table, on the morning in question; those who partook of coffee and wa affected; it was evident that the poison had been prett, well mixed with ail the food upon breakfast table that mornjpg. When Mrs. Beetham was taken ill she sent for her sister, Mr°. Goddard, and in convergation with the lat- ter stated that sho believed the cook, Margaret Burke, had poisoned them; that she was ‘‘a devil, and would do any- thing;”’ deceased further stated that she had had many difticulties with the suspected party, and had often heard her say she would be revenged; when asked why she did not discharge the woman, Mrs. Bectham replied, “lowe her some money, and she will not loave until I pay her.” These statements led the occupants of the house and the medical attendants to watch the movements of the accused party with care. Margaret complained sickness, and kept her room, although to all outward ap- ‘arance there was nothing whatever the matter wita er. The doctors felt her pulse and examined ter th» roughly, but could not find any symptoms of poisoning in her case, although she declared she had vomited, and was ag il as any of the rest of the family. A vossel contain- ing sorne matter which the cook said she vomited was so- cured and placed under geal for chemical analysis. She was not a little ince at the conduct of i¢ physicians, and it was with much reluc- tance she would even let them examine her pulse. This pretended illness on the part of Mar- garet, and her previous threats of revenge aza‘nst Mrs. Beetbam and family, were sufficient in the rind of the Go- roner to warrant him fb arresting ine Aduzed on suspicion, and accordingly, at the close of the investization yester- day, she was committed to the og weeny pecinet station house to await the final result of the inqui,it on. Professor Doremus was engaged to mike a chemica’ apalysis of the contents of deceased’s st mach, and he is | now busily employed in making the n -ceesary preliminary | arrangements. Coroner Schirmer, after examining over a dozen witnesses, decided to postpoae the further investi- gation of the case until Monday morning. at nine o’clock. ‘The evidence elicited yesterday wa: of : n exceedingly in- teresting character and its perusal will well repay our readers for their their trouble. Anncxed will be found a full report of the proceedings: Rev. Samuel Lawson, residing at the Blanchard House, Broadway, being duly sworn, deposes and says:—I oocu- ied a room ip this Louse for the week ending yesterday; arrived on Monday morning, feeling as well as usual: f fat down to breakfast about 71; o’clock; there was on tho table codfish fried, fried liver, boiled hominy, bakers’ bread, coifee, white ugar and butter; i do not recollect anything else, I ate fried tish and homny, a little butter, and I drank ‘two cups of cofee, with a litde sugar; about half en hour afterwards 1 was attacked with a ‘vo- miting; some fifteen minutes afterwards the vomiting oc- | curred’again, and continued at intervals until evenifg: th» matter vomited at first was of a greenish color; I had 1 litle purging, not more than three evacuations during th» day; I bad a violent pain in my head and the small of my back; po burning in the throat, but had considerable thirst, which could not be aliayed by drinking; 1 had no pain in the stomach. ‘A. G, Kimberly, being duly sworn, deposes and says:— lam a teacher, and reside at the Blancbard House; I oc cupied the same room in this house with Mr. Lawson, fo about the same length of time; I took breakfast here 04 Wednesday morning; there was nothing else on the tably other than those mentioned by Mr. laweon; I think there were eome rolls on the table though; I at a roll, some butter, a little fish, some hominy, and dran < two cups of coffee, with sugar; I did not notice anything about the breakfast: it appeared and tasted as ; about three quarters of an hour afterwards I hat moderate purging, which was followed with vomiting; I bad no pain or burning sensation of the stomach or throat; pain commenced about an hour after the first vomiting in my forehead, extending gradually over the whole head; the pain in my back commenced about one o’elock, in. creasing until about nine o’clock, and remained until mid- bight, when I went to sleep, . Galen Carter, of No, 316 Fourth street, deposed as follows:—On Wednesday, about 123, o'clock, f was called to seo deceased; I found her vomiting and complaining of being in distress; she had cramps in her stomach, which extended to ber limbs; she wag very pale aad extremely prostrate; her hands were cold, her pulse frequent and feeble, and she complained of great thirst; her hands pro- sented a purple appearance; these symptoms continued increasing during the day, and perhaps six hours after- wards diarrhea set in; these symptoms continued until death, which occurred yesterday at 234 o'clock; the yo- aniting was yellow at first, but afterwards it presented a blue cast; there was no vomiting after 34 o'clock on | Thureday ‘morning; at that time the pulse was impercop- | tible, and remaimed so until the last; death occurred whil deccased was in a state of coma. | Blisha Acosta, M. D., residing at the St. Denis Hotel, | deposed as follows:—I was cailed to No. 59 East Four- | teenth strect, on the 22d inst., to sec Mr. Ramon Ca- Jojo, e boarder in the house, who, after brekfast, was | taken sick with vomiting, pain in the stomach and slight poring 1 was informed there wore others in tho jouse who were taken sick in the same way; my patient | continued to vomit a great deal of bile and euftered some | pain; 1 saw him several times that day, and towards | night be was somewhat better; yesterday morning he | vomited for the last time, and felt mueh better; to-day his pulse is almost natural, and the sickness of the stomach | and pain haye entirely disappeared; I endeavored to save | some of the matter vomited, but the servant threw it out; | the symptoms were those of poison, probably mineral; the patient is at this date fast recovering, Margaret Waleh, being duly sworn, says:—I live at No. | 112 Kast Sixteenth street; [ was formerly cook in this | house, and left three weeks ago; some tliree weeks before I left I told Mrs. Beetham that I did not like to remain in the house with Margaret Burke, an she was of an ugly disposition; some five weeks ago Dr. Crist had arsenic in the house for the purpose of killing rats; Mrs, Beetham prepared some of it for two successive nignts, by spreading it over bread and butter, for the purpose of killing rats: nothing ‘was left of it, and I threw the plate away, so as to be sure that none of the Poison remained im ihe house; Mrs. Beetham used ail of the arsenic; none whatever remained, and { myse!f put the paper which contained it into the fire; that which was left after tho first night was pat behind tho meter, near the wall, for safe keeping during the day; Margaret Burke knew that we were trying to poigon the rats, but J do not know that she was aware of the locality of the poison; I came here on Wednesday to see Mr Beetham, and efter making a cup of tea [ was taken sic from the canister myself, and the wat kettle; l used loaf sugar abd milk; 1 at took one spoonful of the toa to try its ilavor, when it tast ed go bitter and upplearant that I took no more of it; I had a burning sepeation in my throat, a headache, pain in my sides, and my stomach was sore. | Thomas P. Haddock, being duly sworn, deposes and | says] reside at No. 125 Third from the tea- previous to last Wednesday, when I bad my baggage re moyed, but remained hore with the sick people ali night; ate breakfast here on Wedgesday morning; Tate fish, a couple of rolis and drank a aud a half of coffee with sugar, I went about ae usual during the day, felt perfectly well aud bad no disagreeable focling whatever; perhaps a half or three quarters of an hour after breakfast, Mr. Kimberly came to my room aad inquired if I felt sick, and mentioned that severat of the household, us well as bim- self, were sick; | left soon afvorwarde, and did not have an ity of observing the symptoms at first. lary WY land, being sworn, says:—1 am a domestic em. yed in the bouse of Mire, Wig tinan, next deor some ve months ago | was employed in this house in the same | capacity; 1 waa here yesterday; I saw the servant Marga- re sho was lying in bed; sho asked me to fetch her some water, and [ did 90; I did not sce her vomit or purgo; neither did I earry auy ¥ containing any vomiting or rag away from hor; I did not hh | cu saw her think ‘that she i as sick as she etende 5 Liddy Ratcliff ceposed Phat she lived at No. 212 Sulli- van street; tho brother of deceased, Sir. Buttman, came for me yesterd to take charge of the house; I came hore and found the inmates sick; yesterday, about hail. past two o'clock, { was told by one of the doctors to take down from the room of the sorvant girl, Margaret Burke, a vessel comtaining vomit; [ did eo, and tok it to the kitchen, where it was vealed up and now remaing shore; Hefore Joseph Bridgman, Hsq. The examination of Robert Walker, boatswain of the ship Antarctic, uvom a charge of causing the death of ono of the seamen, named “Charley,” February 27, o aluded yesterday afternoon. Walker was Wold ’in'¢ 1,000 ‘bail to Yabo hig triad for mauslaughter. 1did not see Margaret Burke vomit at all; she docs not geotn W be sick to me; I have soon hor several times; the mattor alleged to have been vomited by her was of a dark green color Emity Beetham, daughter of deceased, deposed that sho 13 years old; | ate breakfast in this house on Wedner- morning last; [ ove cup of coifec, and ato one nothing; Tonty | with yomiting, which cecurred four times; I took the tea | truth. ue: Tam a stadent of | who afterwards diod of hia wounds. weiicine; I boarded in this house for about four months | thie m: | died from the effects of injuries received by getting his roll and come datier aod eome twolasses; I wag po’ cick at ally [fel just as geal doring the day; { aged eugar io my ceffee; my little sitter, Auge Catharine, ate aed, roll ond molasses, and drank milk; ehe ago was not sick at ail. Catharine A. Robinson being sworn, deposeg and says:— Tlhve mw thie bourse; f Dave bowdod here for #ix weeks with my busband; last Wednesday morning I ave at asfast, colds, ono roti, ant urank two smell cape of ith sugar: L observed the sngar was maneh light or op ntual, av! that the cofles bad an our Oppleaeans taste tbat Wording, Mrs. Beetham did not pre- pare breakfast; it was prepared by tho servant 4s Barks, who also wa'ted on the tabla; came down while wo wero at the breakfast tal cup of tea, an the table aimort imaed!at began to vomit; Mra, Beetham hes expresso? to me tho opinion that Margare: Burke was of a very vengeful disportion; that she hed accu Ftealing on three several nesasions, on one o casiens #he would not allow Mra, eetbam to exam! contents of the pocket of oneof her dresses: after she complained of Psier’s takiug her pocke that it coutained somethwe that did vow what it was sho did not mention; I thio’ Saturday afternoon; on this oceaeim also th servant, Margaret, intimated that there woald be another scene or row in the bonse that night; after tea on Sauirday even- ing Lasked Mrs. Beetbom if Margaret het said book, and she told ime rhe upladylike ta! ; that she bad uttered an oath, which ebe never teought she could have one, ou account of the provocation wh'ch Margaret gave her, @url that sho bad told ber to leave the house, but that she had replied that.she would not do so uatil abe was paid; on Sanday to | morning tbe giel, Margaret, came to my roo and com- plained to me ‘that Mra.’ Bootham bad ealled her a damned bitch, and intimated to me that she would be up to her, or would be revengad; Tnover liked the girl on account of what the cook maid, who said she was a dangerous gir) and that she was afraid of hor, and that she cursed everybody in the house; T was taken ill Mr, Robingon has been lingering between life and dexth | on Wednesday atter lunch, about three o’closk, wit vo- miting, violent headache, great thirat, which haa just left me; my husband, who was taken more ill than miyaulf, is quito prostrated, and unable to give testimony ; | amafraid that he may not recover. Caroline Goddard, being sworn , deposes and says:~I re side at Wo. 41 West Tenth street; I am_a sister of Mrs. Beetham; I was called to this house on Wednesday morn- ing last and found her very sick and much prostrated; the doetor told me that he thought the sickness was the result of poison, and when I mentioned that to her (Mrs. Beetham) Tasked her who there was who could be supposed to com- mit such an act; she replied, Margaret, and that she was a devil; previous to this remark Lasked hor if she had had were sick, while thone who did not drink either were also | another quarrel with Margaret, to which she replied that she had, and then came the remark that the girl was a devil, and would do anything; Iasked Margaret, aboot noon on Weduesday, if abe bad been sick, and She re lied that she had been vomiting; she was then about the use; at the timo Mra. Robinaon was taken sick I called her to attend to her (Mrs. Robinson), but she refused, saying that she was sick; I asked hor how she was sick, and she said she bud been vomiting; I remark- ed that she had better go to her friends if she was sick, when she replied that she had neither money or friends, and would not go without her money; sho did not'seem sick, in my opinion, or I should have at tendea to her; yesterday Mary Myland met me fn the hall ‘of | and said that she wished I would send the doctor up stairs to ses Margaret, as she did not think soe was as sick as she pretended to be; therefore Drs. Carter and Gouley went up to see her, when she manifested consider@ble ro- luctance in allowing them to examine her pulse, and said she was much better; they asked her where the matter was whi'h she had vomited, when sbe said that Mary Myland had taken it away; 1 afterwards asked Mary if this was the case, when she absolutely denied it, and sald that sho had only carried water into her room; Mre. Beetham told me on Monday that Margaret was a dread- irl, and she would ducking her as eon as she would get Mrs. Robinson’s money to pay her. Coroners’ Inquest. Fara Array Berwgen Boys.—William McElroy, a lad residing at 277 Tenth avenue, died on Friday morning froma tne effects of a wound received on the night of the 17th inst., at the hands, as it is alleged, of a youth named Thomas Miller. Coroner Jackman held an inquest upon the body of deceaged, when the following facts were adduced in evidence. Mcllroy was employed at the leather manu- factory No. 256 West Twenty-seventh strect. On St. Patrick's Day he got into a difileulty with Thomas Miller, algo an employe of the ettablishment. When the lads clinched, Miller, it is alleged, picked up an awl and stabbed his adversary in the ‘breast. Mcllroy did not seem much burt at firet, and returned to his work the following Thursday, as’ if nothing had happened. On Friday evening, however, as he was walking in Niuth avenue, he fell down and died suddenly. A post mortem examination of the body, made by Drs. Gallagher and Per- gueon, revealed a small punctured wound on the anterior Portion of the chest, on the lett side, over the fifth rib, at ry. of tho Heart without pabctrating IG substayge? Tho ts sul The 4 ‘was illed wit fiuid drenagaiattd blood. ith, in the opinion of the dostors, was caused by hemor- rhage into the pericardium from the wound in question. It did not appear in evidence that the boy Mller intended taking the life of deceased, and the gene- ral opinion was that he did ‘not intend to do much bodily harm. The jury in this case rendered the following verdict:—‘That deceased came to his death by hemorrhage into the pericardium, the result of a etab received at the hands of Thomas Miller, on Thursday, March 17, 1869; but, further, from the testimony, we aro of the opinion that said act was done in the heat of pas- ston, and not with malicious intent.” The prisoner was required to give bail in the sum of $500 to await the action of the Grand Jury; and upon his futher procuring jo ear ak security, the lad was released from cus- y- SHoomme Arynay iN THE Bowyny.—A serious shooting affray occurred at the oyster saloon No. 56 Bowery, avout one o'clock yesterday morning. Two mon named Charles Sturges and John Kerrigan went into the saloon for some rofreehments, and while waiting for their stows one of them (Sturges) started into the kitchen for the purpose, as ho | said, of having some fun with one of the cooks. The proprietor of the saloon, John Falmer, happened to be the kitchen at the time, and took affront at the intrusion. Some words then ensued between the men, when Fulmer drew a pistol and shot his antagonist in the breast. Stur- gee fell mortally wounded, crying murder as loud as lis feeble strength would permit him. oe Sixth precinct police were attracted by the cries, and hastening to the spot arrested Fulmer before he had timo to escape. The wounded man was taken to the New Yorlt Hospital, where he now lies in a critical condition. At eleven o'clock yes- terday forenoon Sturges was not expected to recover. Subsequent to the allray, a party of Bowery boys who sympathised with the wounded man made an attack on the oyster saloon with sticks and stones, and in a short time made a complete wreck of the premises. Fulmer rays he shot Sturges in self defence, and is sanguine of an acquittal when the case comes before the proper tribunat for adjudication, Coroner Schirmer will hold an ante- mortem examination in the case of Sturges this morning, Asorurn Smntovs Arreay.—A stabbing affray of a serioug nature occurred at the premises No. 08 Sheriff street, be, ‘tween two men, named Conrad Conier and Jacob Bishop. ‘The atfair happened yesterday afternoon, Bishop was stabbed in the head, and 20 bail; ured that his .riends thought it advisable to have mortem exain:nation taken. Accordingly they nolided the Coroner in relation to the aifair, and last evening Coroncr (Keefe proceeded to the bedside of the wounded man for the purpose of taking bis deposition. Fatan Accipgnt—Virnpiet ov Cxnacre.—Coroner Jack man held an inquest at No. 62 Second avenue, upon tho body of a lad nine years of age, named Thomas Carr, who band crushed ina sugar mill, which stood upg the side walk in front of the grocery store corner of Thirty fifth street and Second avenue. The jury, iu their vordict, thought proper to censure the propristor of the store for Joaving the machine in n Exposed place, tleredy en- dungoring the lives and limbs of the children in that neigh borhood City Intelligence. Twat or 4 Pouceaay.—Vesterday forevoon policeman Dufly, of the Sixth precinct, was tried by the Police Com. missioners on a charge of “conduct unbecoming an officer, thereby tending to bring disgrace not only upon himself, but upon the whole department.’? [If the charge had said upon humanity the sentiment woul approximate the Rep] The complainant in tho case is a police- man nate! Williams, a side-partner with the accu: corroborated by several r 4 against the acctised was very strong, the detal's of which are too disgusting for publication. Nearly one year ago the defendant was attached to the Fleventh precinct ata- tion, and while en duty, in bens oy dl with other officers, and engaged in a fracas, he drow his pistol and shot a man Tt was ia defence of that Police Commissioner Nye obtained such celebrity that caused certain members of the force to conceive the idea that he was entitled toa ten thousand collar “bouge and lot.’ The trial-will be resumed on Fri- day next. Strcior Jase Evesixe.—As the eleven o'clock Hoboken ferry boat John Fitch was crosaing to Hoboken last night, a German, apparently about thirty yoars of age, rushod to the 8 ern of the boat and ‘amped overbonrd a benctt was thrown to him and ono of the small boats lowored, but before the boat hans could reach him be was drown: ed. His body was not recovered. Police Inte! we. An Indian named Wm. &. Woodman, of the Oneida wibe, at Paris, as wellas at Vienn dangers that would result. from quarters we have made the most peage and moderation. tions on which such a line of action crowned with success. As it was intent rt the sense indicated with all wer the two Gaby, THE WAR QUESTION IN EUROPE. Circulars of the German Governm :nis | thude of the Confederation—Prussia Likely to be Forced Into the Coali- tlon Against France—Bavaria Raising a Military Loan, Kory Key he. COUNT PUOL'S CIMCULAR TO THE AUSTRIAN REPAR- SENTATIVES AT THE GERMAN COURTS. Vianna, Feb. §, 1859. ‘The Ferious anxiety which hes affucted the ‘political situation of Europe since the commencement of this year bas aleo been seriously felt in every part of Germany. Yo the astonishment of the governments and of the na- tions who desire peace, and whose efforts tend to 30 many important reauits,of which peace is the condition, gene- ral confidence in the future Las been shaken in a jamenta- ble manner, There does not exist any serious difference (ceruuyJniss) Dotween the Powers whch can explain this apxiety, but the fears which have manifested themselves: seem the lees inclined to yield to a more favorable oo clabon of the state of things, as they cannot be traced to legitimate causes, If this general feeling of nncertainty is to be deeply re- gretted, a salutary ettect, and which jt is impossible not to recognise, has, oa the other band, been produced by the unanimity spd’ decision with which public opinion in Ger- many, in presence of the possibility of war, which ap- peared cortain, has pronounced itself in favor of an ener- getic operation. This tact, which nope can deny, ie bright and satie- factory Night ip the sac darkness of the present moment. Tho langnage of Germen statesmen, as of the preas, has widely spread the impression that (erman) lok upon itself as threatene! a3 a united Power ( me macht), if Austria, by an unjust attack om her possessions in Maly, should find herself called upon to take up arms against one of the greatest mslitary Powers in Europe The convictions of the iohole of Germany have united in an ener- getic protest against a return to the days of the Confederation of the Rivne, With a common consent which commands respect, public opinion has declared that if the rupture of the pubiic law of Europe showd threaten a German Power, even should it only be at first in her non-German poses- tions, all her allies ought to make common canse with ber, £0 as to preserve peace by the moral force of so powerfnia union, and in case, ‘against al! expectation, that result should not be obtained, would in common tect from attack the possessions of a member of the done federation, as well as the sanctity of treaties; and thus shield at the same time, the honor, the dignity, the safety and the power of united Germany. Unaer these circumstances, not a few German cabi- nets have expressed to us their wish to examine elosely by what frm determination, and in what form a joint line of action, in case of an attack on Austrie, could be adopted so as to be prepared at a moment’s notice. On various les our opinion has been sought on the state of affairs, especially as whether it would be opportane to provoke a declaration from the constitutional antvority of the German Confede- ration, or to prepare resolutions for eventual adoption by that authority. ‘This indices us to make confidentially known to dur allice our views upon the necessities of the present situation. This situa! shows an improvement in the symptoms which indicate in @ more restricted manner the existence of a danger of immediate war, but at the game time, by the absence of all guarantee tbat the ex- plosion of war in Italy may take place at any moment, under apy pretext whatever, and again threaten, in a se- riong manner, the peace of Farope. Faithful to its mode- ration and love of peace, the Austrian cabinet will exert all its effortsto prevent ulterior comolications. But we capnet close our eyes to tbe fact that, ag long as the policy of Sardinia perseveres in its present character, con- trary to the Jaw of nations, and calculates upon war and revolution, war presente itself as the possible consequence of our firm resolution to defend against every attack the rights of Austria in Italy, as resulting from treaties. Under these cireumstances we ough', in truth, to attach & great valuc to the knowledge that the conviction isindu- Vitaly atlirmed in Europe that Germany, closely united, will not suiler ove such attack. We do not deduce from this, it is true, the concequence that the convenient moment for a deliberation to de opened at Frankfort. apd for the positive regolutions of the Ger- manic Confederation, bas already arrived. it is very necessary here to take juto consideration the eflect assumed so much abroad that under the interior situation of the Confederation ond the forced influence of these considerations, we incline for the moment to the opinion tbat the firm establishment of the union of Germa- py with Austria, in case of war, should not invest itself with the obligetory forms of the federal constitution so long as the realization of the eventuality, in view of which that union is foreseen, is not displayed in a decided man- rer. Butwe do net waut to give the agsu! that the opinions which our august aines nay entertain upon this evgential point must have inthe uret oe. due weight upon our eerious attention, and will be by us taken into consideration with the greatest carnestness. We, however, regard at present as decidediy desirable that the goverpments of Germany, as members of an cavemble Of States, shail exchange amongst themselves the convictions with which they are animated in presence of coming dangers, which it 18 imnpoesible to doubt; and to prepare themselves by a firna disposition to hold at all sea sonable times an identical language conformable to circam- stances, and elficacions either ag against Sardinia or as against France, or even a8 against those two States at the same time. We shall rece!ve with a lively interest aud a warm acknowledgment the assurance that that view of the matter is partaken of by our allies, and that in particu lar the government to which you bave the honor to be accredited is disposed on its part to co operate to the effect that a clear understanding may actually be established as to its common action with Austria and Cermany, the result of which would be to assure success, especially in the selection of the opportune moment and the most convenient modes. You are authorized to consider the present despatch as a confidential communication. Accept, &e. BUOL. REPLY OF THE CONFEDERATION TO THE AUSTRIAN CIRCULAR. The Dresden correspondent of the Courrier du Diman- che, who was the tirst to give authentic extracts from the Austrian circular, now sends the following as the senge of the reply made by the German States:— The States of the common German country have seen ‘with satisfaction the confidence which Austria places in their patriotism and in their profound faith ia respect to the treaties upon which repose the economy of the political organization of States, the peace of Europe and the satety of thrones. The German Courts have seen with regret serions dif- ferences arize between Austria and France, and have not for an instant disguised from themselves the gravity of the dangers Europe would imcur should those «iffsrences: be prolonged. A war like that which threatens te commence on the, subject which they cail the ‘Ialan question,” or the “Ttalian idea,” must, more than any other war, cause ‘uneasiness to the sovereigns and peoples of Europe. In such a war many sacred principles are involved and con- cemned to find their triumph or their humiliation on te. eld of battle. ‘The States of the Confederation, very auxious on ac- count of the painful trials to which Ausiria, their confede- rate, seems liable to be exposed, are perfectly m‘pdiul of their duty, and nothing has been forgotten, or will be for- gotten, that is requirea by the dignity, the independence and the security of all the countries composing the grand Germanic Union, But however serious may be the circumstances, it does not appear that there is any imminent or immodiate dan ger of peace being broken; so that, until the situation discovers iteclf in a clear manner, the German Courts do not think it opportune, in the interests of eo many 2 vering eflorts that are being made to avoid the expl of war, to attempt circumstantial explanation on the meastires which should be adopted by Germany in the case of hostilities commencing between France and Aus~ tria. The sentiments that Germany and i/s governments will cx- perience onthe day of foreign agyression against one of its inembers are perferily wellknown to Austra, Sbe can there- fore rely upon the fact that, iu case of need, the Diet of Frankfort, the solemn representative of the wizhes, inte- rests and honor of the commen country, will know how to protect them, and adopt a line of conduet the moat effi- us and most suited to the necessities of the case, THE CIRCULAR OF PRUSSIA TO THE GRRMAN Srares. MERLIN, Feb, 1859, government of the King, in the present critical Muirs, lias not before explained its views and given instructions to its representatives at the German courts, it must be attributed to the peculiar nature of the actual political situation, ‘The peaceof Europe appears to be threatened from many points, but it is diflicait to say trom which. [a the East, in Servia, in tho Danubian Prineipalities, there is nothing which cannot b led by diplomatic measures. The same may be said of Italian akairs. In the opinion of the government of the King the dim. culties of the present situation and the dangors of a con- fhet are to be Songht for not so much ju the impossibility of settling private questions as in the counter inclinations (stimmungen) whieh have wriscn lately between the Cabi- Rets of Vienna and Parte. Under those serious circumstances wo did not for one moment to recognize the duties of our Acting apon the wish to maintain the faith of bearing upen the present state af things, upon the peace of Burope, » point out the incalculable & conflict, and in both Pressing appeals for However, we did not deceive ourselves ae to the condi- hopo to be ition. their from the St. Regis Reservation, Franklin county, appeared | neta at controversy, it was iieo Hoveasary to ‘faeibtaln a before Justice Welsh yesterday morning, and itfituted a | independent position towards both. comPaint against a man named John Ward, doing busi- te fulationg owe ue anzederation, we shalt ever fait Des at No. 8 Washington street, allyging ‘that ho (the | Goialar towards it as prescriber by its Tun complainant), with several others of his tribe, wero in- mena + but we cannot PL aK aco Jam duced to stop at Ward's house while on their way to Wash- ington, and that Ward had disposed of liquor to them at various times, and then refused to give them their bag- gage unless the liquor was paid for, the complainant be- lieving the liquor to have been given them free of charge. It being contrary to law for aay person to sollor give liquor to Indians, a warrant wns accordingly issued for LZ do we think that the rant us in doing #0, nor favor the mplishment of task imposed upon us, as regards th Present state of fairs, a8 @ European Power. indicath fairs, induces us to adhere sti Present political situ the af The tainty which, a far as can be seen from recent |, @eems to belon A tho present situation of af- ae oa ng tn ; ‘utral position Ward's arrest, and placed in the hands of ailicer Wilson, oo Abe vor eT roadie sia wil Withia Lin oa " which we bave eo carefully watute Arrowrsnrs or Norarres Pustic.—Kings— | greatest value in enabling wy woarataned wil be of the ot Pe rat r m dee Ths Brookiyn. | aod will give weight to our representations, both aides, Yew York—Faward Prime, Jr., Krastas borts, Geo, ve be D. Lyman, Erastus F. Brown, Van Buren Dutton, Addwoa | fre gonatn mtvohe wot eatisfaction in tho belief thas the Brown, Kdward 3, Mel’bereon, of Now York city, ree position Which we have succeeded in oy al tanh to which we sure with the British Cabinet, aud