The New York Herald Newspaper, April 9, 1859, Page 2

‘Vest and coat). District Attorney—We can do without them. Q.—Was there any evidence in the vest or ceat of ject to that; lot ns have the clothes. | penetration? Mr. Stantonp—We District Attorney—Very weil; you will have them, Af er some time the clutbes were ured, Witness—Thia, sir, is the vest; by the butl, om the left side, (Sonsatio Q.—Is there auy other mark in the vest? ‘Witness—Yes; ‘here is another hole on the right side. Judge—Both are on the right side, are they? Se Sir; One 18 on the left. strict Attorney, to tke I these marks, genitemen. sang ert they wish it, the vest can be handed to m, ‘The vest was here banded to the jury. It is of gray, Striped material, samo as the pants. ‘itnees—Here is a hole in the side of the coat. (Holds it up to the light.) ‘The coat is of tweed material and of a brownish hue. Mr. Brady—I do not see the materiality of this exami. pation. District Attorney—We are through with this witness, Mr. Brady asked to suspend the cross-examination as to clothes till he had time to examine them. The Judge saii that course might be taken. Mr. Brady (on suggestion of Mr. Stanton)—Never mind; we will goon now. Croes-examined by Mr. Brady—I found one handker- chief in Mr, Key's pocket; think [ found the case of an opera glass in the side pocket of the coat (Mr. Stanton examil ea the coat); thers wag oue inside and one outside breast pocket, and two side skirt pockets. Q—What pockets were in the pantaloons? Witness—Two pockets and 4 smail watch pooket; in the vest there were four pockets, two on each side, above and below; found nothing else than tue koys, the opera glass case, the pistol and the money; found no letters or TS; might bave seen a small portemonnaie, which was elivered up; think there was a bunch of keys on the Bol Te he handed to the Clerk of the Court, Mr. i Q.—Was there anything else on the person of Mr. Key which you have not produced? Witness—Nothing else, sir; I first saw his body at the Club House; he was dead at’ that time; am not positive whether his coat was on then; cannot say positively that this is bis coat, but betieve it is; all the money and e: in his pocket I took out and delivered to the vlerk of the Court; I have ota list of the witnesses examined ‘re the Corouer (uands it to the Judge); there were a ex many preseat when I arrived at the Club House; Great. re ubout one bundres in and about i Were we veuty in the room; knew most of thent; some fifteen or ty do not know that any person had par. we body; it was between three and four ved; 1 bad been at lomo in Georgelowa; v York came for me in a hack; | is Alexander; it may baye beea od him immediately. ‘$8 was here closed, and he deceased tothe Mar- were stranger tion‘ar charge o ‘o'clock when [ ares, 4 veutteman fromm think this person’s Lame Francis Doyle; I accompany The examination af the wit, was ditected to band the clothes ». shal, EVIDENCE OF RUGENE PEN. “ETON. pen absent in Pendleton, the witness who bad ‘ Fc appeared and was sworn and exomined— ‘Ho waz not present on the occasion of the death of Mr. ‘Key, but was near the place where he was shot, and saw two of the shots fired; he was walking on the south side of the avenue, and had got near the east gate lending to the President's house, when his attention was attracte! by the report of a pistol; he turned bis head and eaw tv,» persons near the corner of Sixteenth street, apparend y jy ‘a. scutile; one was attempting to rid himself of the o¥9; ; one was retreating, the other following WWD \). tho one nearest me succeeded in {cp bimself from the other and ran into the mids of the street, followed closely by the other, Who A$ ihe same time threw some: thing from his hand; I af-wards recognized the one who retreated as Mr. Sickivs; Mr. Sickles soca turned and Drought down a pict. on the other, who was then about ten feet distant from Mr.8., and the other exclaimed “Murder ! Murder! Don’t shoot!” Mr. Sickles tired; the shot seemed to take effect; the gentleman suot swooaed, of wilted, a& it were, with his hands in this manoer {pressed to his sides); he turned and started for the pave- nent; he either fellor lay dowuon the pavement; Mr. Bickies followed him up, and, stanting over him, fired a second time as the other lay at his feet; Mr. Sickles presented a pistol again ia the vicinity of the other's head or aboulder; the pistol saapped;1 heard the expiosion of the cap; at that time some due approach. ing from the Clab Houee placed his hand on Mr. Sickles’ showlder; Mr. Sickles turned round euddenly; there seemed to be some words paszing between them, but I was not wear h to hear what was said; then some one came nd took Mr. Sickle’ arm, and they walked off up tae street; I continued walking on; very soon persons began to collect, and took up Mr. Key and conveyed him to the Club House; when I arrived there the body had been taken in, and then I saw that the person war Darton Key; I turned to walk home, and discoverei a man on opposite side of the street fishing out ‘fan opera glass; that was about fifteen or twenty yards from the avenue, up Sixteenth street; it was nearer the ‘west side of the street; think it was a little above the se- cond tree. Q.—Was that opera giass the article you saw thrown? ‘Witness—I cannot say. Q.—Were the parties when you saw it thrown in such a situation as to allow it to fall where it was found? ‘Witness—I cannot say. Q—At what time was this thrown? Witness—It occurred justas Mr. Sickles freed himself from the other and got into the middle of the street; just as he got into the street this article was thrown; i from near the second tree to the corner; tt om the avenue; witness continued to walk; ret them, and had just passed the small gate ‘when:the second fire took place; did not see any pistol in ; the time I saw a piatol in Mr. the time of the second fire; did not pee the first fire; did not see whether Mr. Sickles had a in his hand at the time of the scuffle; was not suf ly near to sce what kind of pistol it was, whether one barrelor more; heard reports of three pistols; saw two of them; whon he beard third report, thought that Key ‘was on the ground. The Judge here retired for a few moments.) Wisocee resumed—The tussle Issted till one party over- powered the other, and was of short continuance; it took place near the corner, and witness thought it was imme- diately off the pavement; cid not recollect more than one Enap. iy Mr, Brady—My attention was drawn to the parties ty. hearing the report of the pistol; did not go into the ib House. a ji To Mr. Ould—Did not see any other persons near those parties until the gentlemen came from the Club House; a ood many were standing near where he was: there were umber of women on the street running, one gentleman ‘was very much excited; don’t know who he was. EVIDENCE OF DR. COOLEDGE. Dr. Cooledge sworn—Made two examinations of the ody; only a partial one st the Club House; when I first Baw the deceased bis clothes were on—coat, vest and panta- Joona; I did not remove any of the clothing entirely from the body, bat opened the clothes to see where the wounds ‘were; the deceased had not ceased to breathe when I saw him firet; at that partial examination I saw ono wound oa the left side, between the tenth and eleventh ribs, the ball having evidently traversed the body three and a half inches above the hip bone on the left side, and seven inches from the centre of the back around the chest, and ‘unser the clothing on the opposite side above the hip bone. 1 felt two inches below the groin another wound; the ball passed entirely through the thigh and came Broove of the buttock and the thigh: tuat is alll saw at that partial examination; after the Coroner summoned ino the clothes were removed from the body by Dr. Stone ‘and myself, in the presence of the Coroner and the jury; in removing the clothing a wad was {ound on tue left side, and in the immeciate vicinity of the wound on that Bide, but whether that wad was between the coat and ‘waistcoat, or between the waistcoat and shirt, I do not know; I first saw it as it was falliug oa the floor, Q.—On the left side you say? Witness—There was ove on the left side; I handed it to ome one of the jury; after stripping the body I discover. ed in the immediate vicinity of the bali, about the eighth rib, a slight contusion or abrasion of the ekin; on examin- ing the coat and waistcoat I found them perforated by a ball, which, in my opinion, made the abrasion of the skin; it could not be made trom the contusion {rom the inside by the firat ball; I also thought that I found a wad there, and I may have said so at the time, but it proved to be a piece of cotton with which the waistcoat was stuffed, and Which was probably black aad whitey whother it was Diackened or not by the passage of the ball cannot say; the jollowing morning, eighteen hour after death, a full post mortem examination was made by Dr. Stone and my- Belf; we found that there was no injury about the head; the injuries about the body, externally, are those I have as Gescribed; @ slight abrasion on the side of the midair left hand. Q y biood about it? Witness.—No, the biow of a hammer might have done fomething of the kind, or something parsing through the Aingers might have cut the skin; were was no blood seen; on opening the body found a large quaatity of blood in the cavity of the belly, and subsequently found the couree of the bull; it entered the left side, broke the eleventh rib, under the edge of the splecn, and cut that portion which lies near the backbone; !t mado a slight groove under ite lower surface; it made ® much deeper groove across tue ‘whole upper part of the body of the left kidney; it did not injure the great blood yerseis of the body, but the two of the loft kidney; it did not ipjare the two great trunks, Lior did it wound the intestines of the stomach; it entered Bre large lobe of the liver; anatomically it wae within Half an inch of the great vein of the liver at its traverse ssure; 1 do not know that I can desoribe it withodt using & Littio technica) language; it transversed the whole t! never of the lobe of the liver, and entered the right cavity Of the chest without wounding the lungs; it broke Ue eighth rib, aod jodged under the skin; the left side of the chest coptained a large quantity of blood—a quart at Jonst; altogether the amount of blood wus betweea three and four quarts. Q.—Wae that a mortal Witners—It was; I ox mil? nined the heart; there was a Fomewhat upusual amount of fatty deposit on the lotvside Of It, but the #tracture of the beart iteel! was healwy. Q.—You bave inivuvely described the ¢ of this ball passing through the body—what do you infer, ax a ge fife gentieman, must bave been the position of th Gensed at thetime the wound was given? Mr, Stanton objected, saying that was a question for the ary to try. aoe Darielet Attorney. argued tat tho question was Pe bendy onied that any physician was pefmittos to express an opinion on a matter not purely rolatin and Crmumscribed within the boundary aud limits o ce Mr. Carliele argued in favor of the propriety of + Gueetion. . . Juoge—The question is, substantially, whether from the organs wounded and those not wounded the deceased ronet have been fp an erect or recumbent position, I Chink the question ie competent * & C2kceptiva taken.) is the hole made suppose you can sce District Attorney to the witness—From the direction of the ball, please Of the deceased ut the time Witneas—I beg permission to my answor Baying that the course of at the time, in this caso is, that the been in a semi-recumbent ‘posture; that Mr. Key side, the body turned a little over to the and the shoulders a little higher than the understand thata ball may bave escaped the intestines and stomach and great artery in a different position, although the probabilities are that, lying in that position, somewhat wrned to the right, the stomach and intestines fall for- ward, making the probability of thelr escape from the ball the greater; am connected with the army of the United States as Assistant Surgeon; measurably familiar with gunshot wounds; bare no doubt that this wound was inflicted by a pistol shot, but in our language we wounds by firearms gunshot wounds, nei as to the style of Queation—Could you give an opinion pistol with which this wound was intlicteat Mr, Brady objected. Tho District Atorney argued that the question was proper, The Judge ruled aguinst it. The witness cut out the ball himself, and thinks he could recognise it; it was marked. (Pistol ball handed to witness. ) Question—Is that it? Wiuiess—To the best of my kno ledge and bolief, it is; ithas the mark tade on it in my presence by De. Stone, or one exactly like tt, : Questioo—To what particular classification does that ball commonly belong? wi Distals Mr. Brady objected. He did not know th; is an expert in tho manufacture of firearms. rae ara Instrict Attorney—Cortainly, if he is a physician in the 7 ih peda Mose fo cg hia daty, . Brady—T think he can discharge his duty wil dischargivg firearms. (Laughter, og sehr Witness (to Mr. Carlisie)—Chis is the ball we extracted from the right side; it is the only ball wo found; the ball in the groin passed through. ball, on being applied to the Deringer pistol im court, and which has a bore, is found to be wo large for it, 80 that there must. have been a third pistol, the bore of tae revolver bong stil smailer.) Witness described the nature ef tae wound im the gro, saying, among other Luings, that it was near the main artery, and just above the largest branch; the only vessel wounded was an external vein—a (lesh wound: ts Severity would depend on after consequences; ordina: rily such @ wound would not be severe, but might lave left tameness for a long time. By Mr. Brady—Witness’ attention was called to Mr. Key by the show be heard; no persoa came for him; went into the Club Bouse and found him breathing his last; not more (ban #ix or Seven persons were there, including two co lored mea; to the best of his belief, the white parsoas were Messrs. Doyle, Martin and Upshur; was not cerwin no person having chat ing; was present when Mr. Ki took the opera case from ths imression was that the case was Saw two keys, but could not identi mm pulling down the pantaloous to the woand he felt some the Keys ; he thought everything waa Yoroner; he’ knew no charactoristic pre- Key, » pocket of his coat ed and empty; ¥ those exhibited bandea to seuted BY icself which could determine from the abrasion the eour Se” se pureued by-a ball. B ady tuquired whetner there were indices which #9" id tmfatiibly determine that an abrasion was made ¥ ith a ball or firearms. Witnes?—The holes in the right side coat, waistcoat, jinen and flannel shirt settled the matter in bis mind; but this opipion was not infallible ; be merely assumed that the hole in the clothes was made by the ball. Mr. Brady—Did you ever see anything cige that could make such 8 hole? Witnese—No ; I judge from the frequency I have seen clothiog plerced by shots. Mr. Brady—Woat is the peculiarity of a hole in a yest, or otber-clotbing, made by a bali? ‘Witaess—You asked my opinion ; the marked peculiari- ty cannot cescribe; you have asked my opinion. Mr. Brady—You have said that the course of a pistol ball is frequently tortuous ; is there any law which regu- lates such a course? ‘itaess—None at al! ; the bail does not necessarily go in the line of projection ; there ia nothing but a post-mor- vem cXamination to teil the course of a ball. After farther interrogations upon those points the wit- peas said he thought Mr. Key and Mr. Sickles were nearly of the same height; Key was, probably, five feet eleven inches. Mr. Brady—Suppose two men are engaged in a scufile or tussie, each endeavoring to overcome the other, and struggting for lite or death, oae attempting to throw the other, or one diecharging ‘a pistol, is there any possible position of the parties which would show the shot couid produce such a course? Witness—-The position of the body must have been oa the right side, with the shoulders a litie more elevated than the hips, the body inotined to the rignt; whetoer the body was supported by the arm and not by abything else, T don’t kvow; the course of the bali must have depended on the position of the body, as I have described it. Dr. Stone, who assisted at the post-mortem exami- nation, testified as to the character of the wounds, identifying the ball which was taken from the body. ‘The jury took a recees at one o'clock for five miautes, JAMES N. BEED RECALLED. After recess Mr. James N. Reed, who was examined yesterday, was recalled by the District Attoraey. You stated yesterday that when you saw these parties at the corner, that you gaw a pistol in the hand of the party a the south, Was any pistol in the bande of the other party Witness—No, sir: nothing in his hand. P. V. R. VAN WYCK RECALLED. P. V. R. Van Wyck recalled—Could not from where he stood distinguish what was in the hand of either party to the contest. Mr. Stanton objected to this recalling of witnesses. ‘The District Attorney submitted that no damage could be sustained by the defence, as they bad not entered oa their case, and he had not exumined these witnesses on this point before. ‘Mr. Phillips contended that it could not be done, as the Mmaiter was not brought out on the cross examinatioa. The Judge—On general rules the practice is objectiona- ble; but if the District Attorney, through inadvertence, ornitted to ask the question, the 068 Certainiy might be recalled and the question be ask It was a matter of discretion. ‘Mr. Stanton wanted the District Attorney to state to the Court that he had, through inadvertence, omitted to ask the question. If the District Atworney did not come up to that point they would object. ‘Tne Judge would not require the District Attorney to make that statement. The Court im its discretion would permit the question. The witness repeated that he could not distinguish from where he stood whether cither party had pistols in their bands. EVIDENCE OF CHARLES Hl. WILDER. Chas. H. Wilder examined—Was present at the Club House at half-past two o'clock on the day of Mr. Key’s death; went into the room where Mr. Key was lying, and remained there till the close of the Coroner’s examination; T assumed a sort of charge of the body till the Mayor came, when the Mayor requested Mr. White to take charge; witness and Mr. White kept charge till the Coro- ner caine; everything was taken from the pockets of Mr. Key; these were, the case of an opera glass, some keys and some money; they were passed over to the Coroner and by bim banded to Mr. Smith; these were all the arti- cles taken, except a pair of sleeve buttons and a ring, which were taken by Mr. Tayloe, a connection of Mr. Key. This witness was not cross-examined. THE BALL AND PISTOL. The District Attorney proposed to offer in evidence the Deringer pistol, which had been identified, and the ball. Mr. Brady—Qa what ground do you oller these as evi dence ¥ District Attorney—Because they are the implementa of death, Mr. Brady—Who proves that? District Attorney—The doctors prove as to the ball. Mr. Brady~I beg your pardon. Diatrict Attorney—Certainiy; they have identified that ball ag having been taken from the wound Mr. Brady—The pistol was not identified, District “Attorney—We offer the pistol on a distinct ground, a8 having beea found near the spot whore the Killing took place. Mr. Brady—So far as the ball being offered in evidenco, it was wholly irrelevant, Nobody denied that Mr. Key died of that wound, Dietrict Attorney—We did not know what would be de. nied or admitted. Mr. Brady—The prosecution is in the same condition ag the defence, They would make no question asto Mr. Key's dying of the wound described. What, then, did the pre- tation of the ball prove Nothing at all. As for the Pistol, what was the evidence? That it was found in the street aod delivered to the Coroner in the Ciub House, Whom it belonged to, or who discharged it, no witness had inforwed the Court, and no witness’ had express. ed an opinion as to whether there was any consection between the ball and the pistol. As to the pistol seen tn the bands of Mr, Sickles, all the witnesses agreed that it was arcvolver. If this pistol is admissible in evidence, it must be on the ground that ite being found in the vicinity roade it part of the rer gest, He objected, how ever, to its being connected with tue prisoner. The Dia trict Attorney contended that it was a matter for the jury. The pistol was found at udout the place where the party stood at the time the first report of a pistol was heard. was for (be jury to measure that circurastance, and give it its due weight, As to the ball, if it is admitted that it inflicted @ mortal wound, it was right that {t should go to the Jury o8 being the instrament of death. Mr. Brady simply Wished wo be informed by his Honor of the ru under which the pistol should go to the jury. ‘The Judge—The pistol having been found at the place where the mortal wound was inflicted, or about tha place, and the ball having been taken from the *body o deceased, it is for the jury todraw an inference as to what use Was made of she pistol- by whom aud with what ‘ iy is @ part of the whole transaction, and T am clearly of opinion that the pistol aud ball may properly, and ought properly, to be exhibited to the jury. Mr, brady—Your Honor considers, then, that it is part Of res geste. The Judge—Certainly. Whetber the prisoner used tho pistol or not is a matter of fact for the jury to decide. CLOSE OF THE PROSECUTION—MOTION TO comPEL TOR PROSECUTION TO CALL MESSRS. BUTTER: | WORTH, WALKER AND WOOLDRIDGE. | The District Attorney here announced that tho United States bad closed ite testimony in chief. Mr. Rateliff bad a word wo say tothe Court, The do- fence proposed to ask your Honor to require the District Attorney to gall certain witnesses not yet put on the fiand, Amopg those were Samuel F. Butterworth, Robert J. Walker and George D, Wooldridge. It might be a quest whether the government shoald be | ¢ pimped persons who witnessed the trast. t He w t therefore @ that, though it Btrock him that the pr “ution should callevery honeat : who knew anything of the traxsactiog, He should course and what was the position theckee was fired. by balis is at times very tortuous and difficult to trace, but my opinion, formed body must have in other words, must have been lying on his right | [cannot understand how the spleen of the kidney and the liver could have been wounded in the precise manner they were unless the body was in that position; but I can NEW YORK HERALD, SATURDAY, APRIL 9, 1859. deal with what he understood to be his tervine SALES AT AVOTION. the ae cases. le referred to the case of 00. Inited States against Edwards, where FR SF avo fully argued, and where the facts were Laat in bg hy 2 ten frome, Jar to the facts in this case, That case’ happosel 10 : = the suburbs of this city, at a house Occupied by tr) roe, wo had rented it from the defendant, Kdwards. DRIAN H. MULLEB, AUCTIOSKER.—StUCKs avu Sl ott Sitawaee gees aves. | A, ener themene cent nace apnea! a Ter an en slpted Cok and ‘went to 1:1 | $0.0 ete A Aa ee eee Out ae nant eee jardg, H» came down with a gun, and one person «| Meg bants’ Exchange, b executors, &c., comp ising # large shot and a.o/her wounded. The two women, Garcia :"' | amountof firuiciass beak sod insuranes ook fasureae’s acciee aymoud, »: re examined betore the Coroner and condued | railroad stocks and bonds and other vaiuable socuriiies. us Witness «, and sent before the Grand Jury. The pro- | — a " favor ee a ney nding that these two women were ia | A J; BLFECKRR,SON & 00. WILL SBLL ON CJ «say, toe idee be defendant, their names were not pisced on | 42, April 2. at twelve o/claok, ut tee Marobaats’ Krobaag Wee wht, ce Cy the trial of Edwards his Honor was ‘Broadway—2) yoars’ of the xpleadii property boosh on sk aemmae th to produce these two Re, ‘3 gest ste, 11g feet south fons Bond str-et, kaswe . Hh Honor their production, express. | Co oanestion {ng his opic'on ax to the obligation Of the peoseoutor to | Bond-und Bleorker atreciz, Mapa. dees! Nev? Tens siren ou te stand every person who kn the transaction, so as to give the oto ‘rose-examiting. In Herbert's cease a CPP ar between it and the Ed . Wooldridge were examined: ‘was so. f ag District Attorney did not know whother it was or no! Mr. Carlisle suggested that witnesses sot fore the Grand Jury and are sometimes seats sag dir. Ratcliffe asked the Clerk of the Court to examine the records af to that fact, If there is any dispute about 1, ho would have ove of the Grand Jury present, by tue au- thority of this Court; they Were not volunteers before the Grand Jury, but were subpoenaed to attend, and “they did attend and testify, As to the case of ir. Butier- worth, it was an extraordinary one, and the counsel had never ecen an instance of ‘the kind in ail his practice, It was proved on thie trial that that gentieman saw the whole transaction, aud was a witness before the Coroner; and yet he has not been produced by the Court. He asked the Court to compel the District attornoy to piace Mr. Buiterworth, Mr. Walker and Mr. Wooloridge on the stand. The District a opposed the motion to compel him to produce thees three witnesses. He contended that it was not the duty of the District Attoruey to: nose about the Grand Jury and find out whether the witnesses were examined before them. Besides, those whose namos appear on the presentment, and tho names of theeo three wituesses, did not so appear. Ho bad placed on the back of the indictment only we names that appeared on the back of the precentment, and in that he dis his duty. He aad good reasons why he dia not sun. mon Butter worth before the Grana Jury; and these rea- sone he intended to keep withia his own breast now aad herealter. Ho imagined, however, that these reasons Were vory well known to the gentlemen tor the defence. Mr, Ratcliffe would mention as an additional fact, that from the entry in the jail book itappearod that Mr. Sickles was commuted to prison ou the testimony of Mr Butterworth, among others, The District Attorney asked whether the mere examina tion of u witness betere the Coroner made hia, in point of fact, a witnege of ue United States; for, untess that couid be shown, this application could not stand, We contended that such was not so, To be made a witnean of the United States, be muet baye been examined by the prosecution, Suppose the Grand Jury bad indicted Me. Butterworth, would it be said that because he wus examined be'ore the pee be should be also examined on the trial of nim. to) Mr. Magruder desired to inform the District Attorney that he held in bis hand an affidavit made by one of the Gran wa since the argument comm Md, to the fact that Mr. Walker aui Mr. Wooldridge were examipad be- fore the Grand Jury. That affidavit would be offered in ‘evidence. Mr.Carlisle—It would bave to be seen what right the Grand Juror bad to make such an afiidavit, The District mere bad been of the opinion that Mr. Walker aac Mr. Wooldridge were summoned before the and Jury, net inthe matter of the prosecution of Mfr. lea, but of the prosecntion of another party. As to the certificate from the ja:! docket, he submitted ‘that it was competent for the court to inquire into the facts of a cago; if a man celivered bimself up to the jailor and a frieud it gave his name as a witoess to the offence, he imagined it would hardly be contended that the friend would act be constituted a witness forthe United Siates. submitted that on all the facts aud law of the caso, neither of these witoeaees should be put on the stand at tho in stance of the defence, and on the part of tae prosecution. Mr. Magruder contisued bis argument in support of the motion. Mr. Carlisle replied in opposition. The decision of this motion could have noeffect, except, perhaps, to consign Mr. Butterworth to the pleasant cross-examiuation of the counsel for the prisoner, and protect him frem what might bo the unpleasant cross-examination of the counsel for the prosecution. Who wus Mr. Batterworth? He was mid to be a gentleman who coody looked on the whole trapsaction, and then politely stepped up to Mr. Sickles, took bis arm and walked away. IC Mr, Butterworth had ever made.an oath charging Mr. Sickles with the murder of Mr. Key counsel would like to hear it. Mr. Magruder—Here itis. Au affidavit that Mr. Sickles shot and killed Mr. Key. Mr. Carlisle—That is not the charge here. The charge is that Mr, Sickles murdered Mr. Key. A man is taken with a pistol in his nand—his red right hand-—standing over the body of his victim, and by his ride stands his confederate, That confederate is examined before the Coroner's fury, and there it is clearly shown that he is a confederate; ana yet the argument here is that the govern- ment is hopelessly wedded to the testimony of that con- federate. Itstruck him Perey that it was not neces sary to argue the absurd YY of that proposition. The mat- ter was in the discretion of the Court. The rule of law was cessanle raione cestat lex (where the reason does not exist the rule ceases to apply). The cases cited in the books are more instances in which the Court, for the purposes of public justice, had exercised ‘its dis- cretion in compelling the production of a witness, Was this a case to induce his Honor to exercise that dis- cretion? He apprehended it wes not. He referred to the case of Edwards, and argued that the ruling in that case did not apply to ‘this. The two women concerned were, in common parlance, trumpets; the Grand Jury who ex amined them did not deem them worthy of credit, and their names were not placed upon the stand where they ‘were cross examined by his then colleague, Mr. Ratcliffe. and @ more tender cross examination he had seldom wit- peased, ‘This, he repeated, was a matter for the exercise of his Honor’a discretion. ‘If his Honor thought that, for the purposes of public justice, the motion should be grant ed, they wore mot here to deny it. They wanted merely that the granting or denying of the motion should be io the interest of public justice. DECISION AGAINST THEIR BEING CALLED. ‘The Judge—It is proposed by the counsel for the defence that the Court direct the prosecution to summon to the stand Mr. Butterworth, Mr. Walker and Mr. Wooldridge, 80 a8 to give the defence an opportunity to cross-examine them, This Court never has gone further than it did in the case of Edwards, which has been mentioned. That was a case where the witnesses—two women, named Garcia and Raymond—were committed to jail in default of their recoguizanco to appear and teatify for the prosecu- ion, They were held in jail on that original commitment ‘at the time the motion was made. In tuat case the Court did say that it thought that it was a wise exercise of dis- cretion to direct the District Attorney to put these persons on the stand, The next case that followed that was the case of Herbert, where a mau named Gardiner, an intt- mate associate of Herbert's, went from his room across to the hotel where the homicide was committed, and was with him (Herbert), and was examined on the part of the defence ‘To be gure, on the hearing of the habeas corpus before me to admit Herbet to baii, tne Court refused in that case to put Gafdiner on the stand.’ Mr. Batterworth being before the Coroner does not, in my judgmont, entitle the de- fence to have him called by the Uuited States. In the first place, the Coroner’s inquest iu this case, held within one hour and a haif or two hours after the death, was held without any legal advice, so far as was known; the Coro- ner, in the exercise of his judgment, thought fit to bring Mr. Butterworth before the inquest. Ido not think that action binds the United States to the course asked to be enforced in this case. It is said, however, that the pri- fover was committed on the affidavit of Mr. Butterworth. ‘The evidence in the case shows that when the melancholy aflair took place Mr. Butterworth was present, and that Alter it was all over he took the arm of the prisoner, or the prisoner took his arm, and they retired to: gether, I think it is not going too far for the Court to gay thai it is a fa presumption that the affidavit he mado at the jail wag an act friendly to the prisoner: that it was done to prevent, probably, & thorough examination at that time; and it may bave been wisely done: the prisoner bad the rightto withbold any entering into an examination of the cnse then. This case strikes me es being something like the ease of Gardiner; he, too, was an associate of the prisover, Mr. Herbert. So far as the Court can judge from the evidence before it, Mr. Butterworth was a friend of the prisoner. I therefore am not incliaed to require, nor do T think the purposes of justice require, that he should be placed on te stand by the United States, With respect to Messrs. Walker and Wooldridge, se far as the evidence shows, they were not present; that aione iseufficient reason. ing the motion. But besides that, there is no evi- ‘@ that when they went before the Grand Jur; they went there to testify as to this cage at all; may have been as to some other matter which the Grand Jury were inquiring about. The order for the sub- preva is general, that certain witnesses shall be summoned; \s Goes not specify for what, nor is there any reagon on whieh the Court can found 'the opinion that it was to Veatify as to tui particular matter. It may have been in regard to eomething else altogether, I decline, therefore, to pract the motion as to either of them, Mr. Brady—I understand from the District Attorney that the testimony for the prosecution is closed. Judge—Yea, sir; #0 they ea; dir. Beady-—Aud it seems, from gome of your Honor’s deci#ions in past cases, that the rule applies here that the Prosecution must extaust its affirmative proof. Jadge—Its proo! in chief¥ Ob, yor. Mr. Brady—And hereafter it is to give nothing but re- butting testimony Judge—That is 60 It being now past three o'clock, the Court adjourned. Hon. Reverdy Johnson occupied a reat to-day behind the counsel for the defence, and was frequently im com- on with tbe Jobn C. Mecunn, of Western New York, was also in Court dur’ the proceedings, The Co was more ivoonveniently crowded than on fay _ HOTELS, thn nnn nro omencenrinnatne nnn nnn Busrcann HOUSE, BROADWAY AND TWELFTH sreet, New York—Firnished with every modern improve: ment, Accommogatons tor tmilles and gentemen, PAU bomrd. with rot, $2 per day; without room, $1 per day, DY the week at lower prices. Private tabje at reasonable rates. I 1D & MACLELLAM, { & TOURRTTS HOUSER, BERGEN POINT. 14 This fashionable summer hotel will be open for fon of gut boas forthe La T and 9% A.M, ue House 14M, dnd by P.M. Thoee wishing lo engaKe rooms and who exqu in she day tony lew Ww York In the 4 o'elock vom, have W. W. Bits (late of Lafarge House), Proprioioe, was made; but His Honor drew a propor distinctio: itd’s case; for in Herbert's case prosecution was aske1 to produs: Coroner, but had beca before th 0 . ‘Tre counsel would ask the Duatrict ‘Attorney A tral M, MERWIN, AUOTIONEE By BANGS, MEAWLN & CO., trade sale rooms, No. 13 row. ‘Wedneaday afternoon, Apyit 13, at 4 0'olock, VALUABLE LAW AND MEGCELLAR EOUS BJOKS, prising complete sete of common law and chancery Teporte in the federal and ptate A. Park AH, commentaries, and @ variety of elementary wor! ‘also a colivetiug of tine SGnglish editions of standard misvellancous books, 4c. Cate. logues are now ready. LEXANDER MACKINNON, AUCTIONKER, WILL ‘soll this day, at Roce as p uew Casal street new and second band furniture. con uresus, sideboard, fas, Keunges, tables, chairs, carpets, oilcloths, with & variet, pot other furuiture; alec & emall counter, oll ‘onus, grocers’ scales, &c. A, Wy AWBURMS, AUCTIONRER LARGE Sait OF . household furniture, rosewood seven ootave ptanotorte, parlor suits, pler and maniel Ineo curtalas, oll paint: de-—Thleday, Saturday, at a 10g, statuary, vases, siver IGS orelock. ax 86 ‘Weat Hloventh few houses {rom Firth avenue; the tages aod cars pass near the house, Those who are in want of good genteel household furniture ‘wellto attend thia gale, asthe: are is outa consating io pert of two superb rose wood pario: and merooa, and blue satin; marble oles, side do. pavier mar he tables iniabl wih pearl; fancy cheira, superb pring couch, elogant rosewood sata, covered in blue alin, with chuire to’ inatch; rosewood em- broidered lace curtaing, window sludes, orussels carpets, £e.: rosewood bedatends, bureaus, wasb:ands lo match; rosewood armoir de glace tined with satia wood, ahuirs covered in reps, elegant carved wardrobe, bronze cendelabras, elegant armola, clock ‘and shade, exquisite, marble statuary. large bronze groups, par Nps, DI 0; vasen, jewel boxes, Sxqutstie bois de ruse, ladies xecreuary on ny bedstead, bureaus, wehstands, hatr mat Mneaes, bolsters and pillows, baadyome acta, extension table, arm chairs, chinw ,dinner aud bréxkfant sets, gines ware, crockery, a variety of Sbeflic!d plated aod japauned ware, dnd a com plete assortment of weoden and wil- low ware, cooklog utensils, &c. Sule rain or shine. UCTION NOTIUE.-KUGEN® B, FRANKLIN, WITH YRKBY & OLDNER, auctioneers, salesrsoma 13) Broad: way, will give theie persotin! attention to the eale of real es tate at the merchants’ Exchange, acd housebold farntture at the resideaces of tumilies breaking uy bonsekeeping; alsa, to the sale of stocks of gooda of every ption, both in New York aud brooklyn, UCTION NOTICE —WILLIA’ IRVING INFORMS HIS. friends and tve public that he bas made an arrangement with Messrs. BROWNE & NICAULS, auctionsers, 35 Nassan street, opposite the Post office, where ‘he wil! be found, happy to serve bis friends as formerly. DOTION NOTICE- LARGE SALE OF SECOND HAND household furniture.; WELGES N1i HOLS, auctioneer, BROWN): & NICHOLS will sell, on Satacday april 9, at 104g oO clock. at aalesrooms %6 Nassau mrret, oppoatte ine Post office, hougebold furpiture removed for conveuinnce of sale, being the late entire contents of a large dwe'ling house up town, ‘The furniture ia first quality. ing of aolid.rosawood parior suits in brocatel. satin and repa; rich Wilton, velvet, Brussels three ply und ingrain carpets: heavy lace sud brocatel window: mandellers, gas brackets, real bronke lights for gas; wettes aud groups, gings vases, solld rosewoot and maou ottomans £0.; $ cl bles, covered ia leather; j, FoOse sod chamber Cumtures; bed- washetauds, commodes, tables and chairs; black walnut do , fail enamelled chamber sutts, H piuowe oo pillow caste, eoaateevanes an we, A Cases, CONT ‘panes table linen,’ French chias ‘tollet ets, oot busiaa ry ware; knives, forks, ‘spoons, ladles, casters, aliver plated ware, &c,. stoves, wash tubs, irons, pails and kitchen ware of every tion Also, same time, ten p sewing machines: also, a io of fing, ‘olfce furniture, mahogany, oak and black at UCTION NOTICE.—GEO. JACUBSON, AUCTIONEER. This day at o'ciocg, at 66 Nassau street, a splendic us Gor'ment of fne attea- atches and jewellery, worthy the dion ef purchasssa, Gale witonttoserres UCTION NOTIOR—J, BOGART, AUCTIONEER —BY '.—Tuesday, at clock, household. f Beccary ¥ aud black wainut french bedetsada, pillows and colsters, marbi+ top uictotb, 4 mantel orni crockery, ching aud gloss ware; kitchen furniture, eo indy UCTION NOTICE, ‘of elegant household furniture, thi day J. BENNIE, auotoaeer at the priv ston stren, near Wooster street, com: mirror dors; auperb oll paintings, by celebrated artista; ta- tuary marble top centre table, eard do., Turkish and reclining chairs, Indy’s work table, encoigneurs anuque and gothic re- ception chairs, French painted lea, Vartan marble statuettes, Visque and French ornaments richly carved rosewood bed: sade, bureaus, commodes. armour d’glace, wardrobes, dres: ing table, shaving stand, towel rack, hair mattresses, bolates and pillows, teather binnkels’ sheets, Ac.; wats, rocker, tm and other chats, ball stand, ollcloth extension table, rich cut and engraved glassware, silver dinner and tea service, china tea sets, Sheilield table cuilery, silver plated casiers, spoons, forks. de , and a complete assortment of kitchen fur: tilure, wita wiiel the sale wil! commence. Sixth avenue cars and stages pass withia » few dours of the house pase WIOHN B. BOND, Atiorney for Mortgaree. UCTION NOTICE.—ASSIGNEES’ SALE AT THE ME- A‘ tropoltan Works —PHILIP H. VAN ANTWERP, ave fioneer, will eel! on Wednesday, April 13, at 11 o'clock, st 323 Kast ‘twelfth street, the balance of stock of tools, ke of the above works; terms cash, current funds, Particulara on jouday. Ae NOTICE—M. DOUGHTY, AUCTIONEER, will sell this ‘at 103¢ o'clock, at gglesroom 7 Passau street, a large easortment oc second aud fitniture, re- Erect neat op TuKael and hair b for conventence of sale, viz.: velvet, et cloth, y and Oak suits, Freach plate pler and oval wdrrors, pillar and sta, rose wood parlor suits in velvet plain on and’ walnus extension ta- warble top and plain enamelied chamber suite, malo gan}, rofas, lounges and chairs covered in hair cloth and d mask, fineoil pai gas chandeliers, rose iy marble top bureave and waahstanda, bea tary bookcases, marble top centre, side. pier and fan: ry cullery and glass ware, &e, &c., well wortay the atlention of ‘housekeepers, hotel propriewrs and others. Catalogues at sale. Goods ean be boxed for shipping ou the premiaes. leo one fine mahogany billiard table, an execution. ACCHON, (NOTICE EXTRAORDINARY.—GRNUINE sale.—No goods brought in.—Ali to be sold without re- serve.—A fine assortment of en furniture to commeuce.— D. 8. HOUGH will se!l at public auction this day, April at 104g A M., ull the rich goods contained in the private resi: nee of J. Gryder, 86 West Twenty-eccond sireet, near Sixth Sale positive, rain or atine. Tne catalogue of th above sale embraces over 400 lots of fine rosewood and mi hogany furniture, suitable for geateel housekeepers. The f lowing is 8 portion of the cat ue:—-Carved walnut ballet ex tension table, sofa bed. side tavie, antijue clock, dining chaira, couch, tour engravings, china dinner avi, 152 pieces; sliver aor y five pieces; salver, two casters, cake basket, two tea sels twelve silver forks and mpoons, one liquor cater, two sets ivory enttiery, two sets decanters, tweive pieces ruby ent laeaware, and all the kitchen utensils belonging to the house; asement carpet and aiicioth; also, one tron safe, massive rose. ‘wood hall stand and chairs, English oilcioth, three solid rore- wood parlor suits, in damask and sain coverings; two rose ‘wood etegeres, three rosewood centre tables, two reception chaira, two easy chairs, one Turkish chair, one fwutentl, one ladies” secretary, six pieces embroidered window drapery, ‘ghsees, four paira massive bronze figures, tyro a, six pairs china eight large and ire#o: ries oi) paintiogs, three velvet wo t»pestry do., four ingrain do , four velvet rugs, ail the bronze gas fistures in the house, two rosewood bookcases, one seven octave pisaoforte, ene music cabinet, one velvet stalr carpet, twenty four alives rods, two rosewood bed thred rosewood bureans, one commode two couches, three soias, pair shades, ten pure bair mattresses, two mahogany b: stends and bureaus, fine Diaukets and bedding, aod » mu! tude of other articles, too numerous to mention, bu gether, form & uni jue assortment of firat class good UCTION NOTICE—J. BOGART, AUCTIONEER.—BY 8° BOGART, Monday, at 10% o'clock, at the mn rooms No. 1 North William street, on account of whom it may concern, stock of hardware, cutlery, five easka emery, séwiog machines; also one brown pony horse, fast traveller; one light pieasure wagon and harness. VOTION BALE OF GRAND STRERT PROPERT ‘Two houses and lots corner of Grand and Third atre Whiliamaburgh; one occupied as an old grocery atand, the ober ore. To be sold, by OOLE & CHILLON, April 14, , at Mercbanta’ Exchange, ‘Terma ¢ UCTION NOTICE, M. ©. EDEY, Auctioneer. Rockaways, top buggies and light wag RA LUDLOW, Jit, Will sell this day, at salesrooms Ng. 8 Pine at 12 o'clock, an assortment of light rockaWaya, for 0 r two horees, slide neat top buggies. light wagons, road wagons, &0., ‘&c.; also single and donbie harness, &c., kc~ UOTION NOTICE.—A, M. CRISTALAR, AUCTIONEE: ‘23 Bowery.—Regular sale on Monday, ‘April 1, at 10: o'’ciock, of & large assortment of spring and summer fashi abie ready made clothing Ind\n rubber and fancy goods, eo and sh. és, portemonnates, together with « large lot of ladies’ woollen goods, spool cotton, Yankee notions, &c. UCTION SALE OF SUPERB AND COSTLY FURNT- ture.--Rlegwnt parlor suilé, grand action pianoforte, va table paintings, bronzes, statuary, Venitian mirrors, F tine tables, bronze snd ormolu chandeliers, reai Sevres aud ac. ON MONDAY, APRIL it, At 162 Weat Twenty-first street, beiween Seventh wad Eighth avenu W. B, WESTOOTT, auctioneer, will sell, ax above, com- mencing at 10% o’elock, the largest and most #uperb variety of ever, thing to be found ‘fn or required for an elegant and fan fonabiy furnished residence, the whole of which will be per. emptorily gold tor cath, and must be removed tmmediately from the premises. There will be no reserve on articles in this he onalatiog tn part of one superb earvad erimson suit of par Jor furniture, beaniitully carved; one full suit covered tn bine and gold brocade; one do. tn yich wile velvet; all these sutte ‘were made to order, and are not rolled; two lain door etegeres, wilh marble tops; Antique chairs tn wauD Bracae, rich damask lace curtains, four elegant Partsla rors, very large, beau ly mounted; Fre carved rosewood centre, pier aad sotn tables; bronze and or rola clocl quideent rosewood pianoforte: comt $45), used but three moutns; Turkieb lounges, with Voltaire chairs to SUPER JANT COLLECTION OF Sevres and jowel Oase@, mar- ble tig ot adoraments, ta. p + collection of rare and Vainut cludtog & Ie patatin gs; chamber farh':'ire of every deseripuiou, in rosewood! oak und miabogany, ic natch; elegant bedstea's, ba wardrobes; about twenty large balr mattreeses, sofs beAatends aeoretaries, French cottage oud spring seat chairs, rockers. &o DINISG KOUM FURNITURE Of every description, in oak; silverware of Rogers and Brothers menufucture; rch ching dinner and tea eota, eryatal cut «lass, superior extension table, marble topbulfet, ae, Bale at ly o'clock. No postponement on auy acrount. LOTION NOTIC Alw's THomeson — ‘bis day, 9 O'clock, tn nalen sale of second hand furniture and crag goods, second hand clotelog rooms, If Kast Bond wa: housekeeping ur ticlen, ané pledged gods, bata, boots and wig ms chines, jewelry, clocks, Ac F atest fwent ture—Monday, at 12 0'cloek, wt Tuseday, furotture &e Tuesday extensive wale in the walesroows. Se {door Saves Rad Sete Hae lay SALES AT AUCTION. UILDING LOTS IN BAUgAy, «Fr. pommccy WILL GI E, ‘attention furniture, Foom, No. 88 Nassau sireok, rhe th tea for the display and sais of the same. Oven, &c , nl ‘Will be soid PEKKING, Li Re, SALE--THE LEASE, STOCK AND a fret, ALE-—NOW DOING A be doubled by an active cheap \¢apptied oie USINESS FOR SALE-SAFE, PLEASANT AND B fitable ; tools, and all for ts suposent el ree ‘com, low rent; requiring moderate capital; and ex- Cellent chence to get ia a dea dearable busiaess. LUGS & SOUTHWICK, 84 Nassau street, COUNTERS OF nod order, eg s for chy clase | y }, stock in ry Fortis, marie ‘the 206 of April,’ as tho. pfoe eget ee B SALE—$1,600—A FIRST CLASS CORNER LI D SCHENCK, AUOTIONRER.—SAFFS —Br Fk. & | WB, 84 sireet: three years’ lense frou tat of age H, SCHENCK, this day, at 12 o'clock, at ‘Kedron WM eral obloes bed 4 jarsau wire, ono sate made by Wilder, ovo a safe made by 5.0. to be sold peremptorily to Fe, SALF—THE STOCK, FIXTURES, GOOD WILL, advances. (i wy Jonge, 7 horse and wagon of a old established PPWakh SOHANCK, AUCTIONRER.—KLEGANT | Seat Susluens’ oat Sy ey a household furnitara—By B. & F. H. SOHBNOK,—Chia | icunows et the prosat owner The dots yaa ee ete day, at 1635 o'clook. at their No 33 Nassau street, | renovated and uew fixtures put in Inet fall; the stock ou hand assortment of elegant household iture, removed for | is of the choicest and best kind; the wagoa new and the horse convenience of wale, comprising elegantly carved rosewood | spout fhur years old; the lease of the whole house at aa em perlor suits in 4 juet, plush aad by ovedingly low rent has yet three years to run. This («really a resewood marble top eleneres, rose’ ta i. | tance seldom mot walh to gets well paying cash business ‘ae bor inmreey "9 wry cet! rosewood the wagle wili be sold ot « fair valu pply om the pre- bs 4 ee . parlor ate nie aioe ve ale 150 Green wich atreet, dammoud. and lounge beds, matireenes, Sraasels and Ingrain carpets, POR SALA ONE OF THE OLDEST BAKERIES IW ). FIVZSIMMONS, AUOTIONRER, WILL SKLL TAS | for selling is tas brescat entries bee ee eee . day, a1 126 O'clock, at 37 Centre street, a general agaort- jocetion ‘@ man can extend bis te any amount. Te ment of hausenold furniture, consisting of bedateads, mat | an enierprising navn tla lg am Opportunity seldom olfered. “Toe trekees, marble top centre trivles, hat sixuda, own; sider quire of Fat ied Mel N, 68 Wa ton Hobokea, ur bourds, bureaus, wardrobes, almdes, curtalas, chairs, eve ores, | ot CHARLES DEVLIN, ‘corner of Fify seventh sireet and soves, de. aa Second aveaue. {) COLTON, AUCCIONEER.—GENTERL HOUSEHOLD © furniture, velvet and other carpets, rosewood plaay, French pinie mirrora, gaa chaadellers, 4e.—F. GOLLON with geil this dey, Saturday, april 9 at 103¢'o’elock. at 89 Beekman street, an assoruunent from several families, of velvet, tapestry, Brussela, theee-ply and other carpets; also French plate air. rors, oval do., gas chandeliers, one superior rose4ood pikno, forte, city meae also rosewood aud mahogany turnituce, ofl aintings, &0c., dc. On Wednesday neat, april 13, the eniire ‘urpiture of tae howves tn Carroll plice, bleecker steal, Cats: logues in une, Re ait PACKING RSTABLICHMENT, NO. 783 . Houston atreet.—sich furniture rere riotion bored aud chipred to any pert of the world B&MNKT Loa furniture expreve wagons sad caris for the rem) with ease, on favorable terms. Appl; MoréP. M,to J. D.VAN DERG Qsventh street’ ei free No. 395 Broxdway Sm be wutire nore wil be offered at retail up to May 1 tauch lower than usually charged. Apply as above. Fo SALE. A FIRST CLASS GROCERY STORE, 0: R- ner of seventh avenue and Forty eightn street, forssle before Yolclork A. 169 West Thuy- Fee SALK—TO A PSESON OF SOME OsPITAL, THE stock und fixtures of the old extabl & a class oustom trade, N B.— as prices 7 baw ether with & first R SALE—TAER LEASE, BTUCK AND FIXTURES OF & wholesale xad retail corner liquor store. The sere ie r ted Up, apd one Joenitare, pier glasses, wardroves, pianos. bookcases, Fench | Sadness aronuen! & Rood lease and Vory low rome and dole at heastesds oud curtxing, taken down, removed aad put up Witt | presents very good business. Suulsiactory” Fesaoas Rivea, (we utmort care; also, marbie and brovre statuary, oblom, | geling For par tculara iaquire in the store, corner of Thirty- iuner apd tea sets, carefully »scked wed forwarded to any | eighth eireet and Seventh avenue. “ part of he country; storsge for (urnitury; furniture bonebt on commission, furviture of tambies removed with the utmost care, all urdera by post prompuy attended to, EO, G. HAYDOOK, AUCTIONKER. 4KADE BALBS BY ROBEBT MAYDOCE, r°, SaLE—A LARGE FINE AWNING, WITH POSTS- rails, 4¢.; coat i} $20); wii] be eold tor $50, in conse uence of removal. Also, ® very large ahow case for $20, cost 0, auituble for shawls, mantilas or millinery. Please cal immedistoly at 185 * on THURSDAY AND FRIDAY, APBIL 14 AND 15, rty street, on ths’ credit. R SALK—A GROCERY AND LIQUOR STORE, WITH lease; reason tor selding is the proprietor cannot attend At l0t Liner Hix caoulhs IC blinseit;' it tr one of the stands on the North river pid) crates earthen ware, I aad G, Meakims 4 Kwias' white | for the liquor business. Apply at le Washington sisest, 1H packages Brooklyn Flint Glass Co 'x ware. pod packages Freach ila: glass, trom Kolker, Moliman & A. 560 packages Weutern tumblers. 100 packages French china, plain and decorated. FLSREY 2 beeps AuctIONMER—8aL¥SKOUM NO 28 Nassau street —HENKY H. LEkDS & GO. will se)! at austion on Saturday, April 9, at 1634 o'clock, at the sales: room No, 23 Nassau street, household furniture, removed fur convenience of sale, consisting of Brussels aud ingrain carpets, 4 bed: leads, rosewood marble op wash: Fe. BALI the beat location round; can be enlarged; satis dress ©. P. N., Broadway Post office. Greceny FOR SALE—ON A PROMINEAT OOBNER ; long estabhabed stand ; first class E—AN AMBROTYPE GALLERY, IN UNE OF ia the city, doing a fine business the year afuctory reasous for selling. ad- Juost business thorg iphfare ; very handaomely ded ap t foflered a sacrilice anc bargain, everetie ain. BIGES & SOUTHWICK, 84 Nassau street. rosewood and mahogany stands dressing bureaus, pofas, tete-« tetes, rose vood and ma hogany suits io crimson, plush ‘and hafr cloth, oak aod black walnut extension dining table, y rockers, mahogany, ry black walou' and rosewood corner eteg@res, chairs in p:us Gaer MILL FOR SALK—IN FIRST RATE RUNNING order; custom work, 22,(00 bushels yearly ; alao good jouring bustoesa; emple power; aituated pleasantly. one Irora the city, two miles (rom depot and water communication, Terme liveral. Pt ‘sofa bedaveads.. olloloths, y ollie teak: Gis y pri 0 mabowaay ‘commodes, edatonds, ste sido und ceaseless Pfthow eoscreormcne® weneral assortment of furniture, Sale | wei ny STORE Foe SALE—PART OF BTOUK AND fstures, ina leading avenue, Addrese A. B., Jeweller, RNAY._GRBEN, AVOMIONERR, box 3.835 Fost alice, wift Feal name and residence.’ No agemt i ILL, ‘SLL THIS day, at 1034 o’olock, at bis roums 194 William street, tear Eran fort:& mNcellaneous assortment of faicy goods, roceries; aegars, bosry, ary goxde, fish, raising, crockery, glare, de. b preeemt COLE, AUCTIONEER —POSITIVE SALE OF 25 2) vacant lots and 13 cotages and lots in Kighth ward, Brook- ye JAMES COLE & 808 will sell on Moaday, April 1), at TWo'clock, atthe Merchants’ kxchunge, New York, 25 lots situate on Middle, Seventeenth, Aighteenth, Ninewenth and ‘fwentieth streets, all lying between Third and Fourth avenues; Slots on Fitth enue, between Nineteenth end Twentieth streets; I2cottages on Mighteenth street, pear Third avenue, OF saloons: fong; aleo three Appl a Aan Raise sho: lth tains tedden oe (T° CABINET MARERS—MOULDING MACHINNS FOR sale. Apply to ing, corner of kim and in hdl sock dateinc ne ae all cide BAKERS AND OTHERS.—THE CHOICE OF TUR need apply. pease is Ce STEAM BOILERS FOR SALH—UPRIGHT TUBULAR to lx horse “ioullable for hi Sco brue ebe Stna tl" Ya boilers, 30 inches diameter and 25 teet long. ly at 167 Water street, between Bridgeand Jay, Brookiya. boil from two toons: alo T. BENNETT, No > Ne lew Haven depot build. and one on sineteenth street, near Third avenue. For tuli with & good particulars and terms apply ‘to the auctioneers, $69 Fultoa fA Be olay! Face ho re aty barrels of street, Brooklyn. our Sree ‘at present, and Coty ninety barrels in the sum- mer. For app! * G. SHEPARD, AUCTIONEER—BY W. S, PYNOHON — A large gale of gold, silver and t auction, at 128 Broadway, this ILLER & McEVILY, AUCTION£ERS.—PEREMPTORY saie of valuable real estate. Pursuant to order of the J plated watches and jewel 9 o'clock. for sn introduction to a very desirable medical ae] withia 100 muies of New York at J.B. box Post office, N. ¥., with nam wa . Supreme Coun, MILLER & McK VILY will sell at public aus- tion on Friday, ‘April 15, 1859, at the Merchants’ Exchange, at 12 o'clock, two four story brick houses and lot of lund, No. 236 - op rey ante size of oar i by ee ches deep. p! We 5 Liberty atreet. nee % bl DRUGGISTS.—WANTED TO PURCHASE CHEAP, for cash, a second hand lot o’ bottles and drawers, euita- le for « country tag Ball i or address M.W.J., care of K. M. Hobbs, ORTGAGE SaL¥ OF HOUSKHULD FURNITURE, carpets, dc.—JOHN H BURLEY, auctioneer, will sall this day, at2 o'clock, at 467 Canal street, bureaus, ‘bedstead: mahogany and other chairs, sofas, extension tables, hvir anc other mattressee, washstands looking glasses, Brussels, tbroe- Feoty Broadway. 1 Ee neat then vprtied THE « bho and most convenient p! graph, amorcty; ant aor. allery in New York, well established. Apply st 806 600. —FOR SaLk, Pre hee ee SHOP AND HaIR- ly and iograin carpets, oilcloths, rues, 140 10,000 sears. + dressing rooms N Broadway porite the Bycrderct FRANKLIN BROWN, 75 Nessau erect,” | New York Hotel, tor the above sum ia caahe the’ pwrnee ‘et- sas {erat for sale, hiving amamed raficient to énable him to re- L, PHILLIPS, AUCTIONEER, WILL S&Lu THis | 5S 4p™ Pusiness. Apply at 708 Broadway, from 11 A. a to New York Bazaar, 81 Urosby . day at 18 o'clock, at the ‘Airect, horses, wagons, carriages of all descriptious, harness, 4c. N.B—tiorsee kept on livery at fifty conta per day, wud Kept for gale, Also, carriages stored free of charge. OTICE.THOSE WHO WOOLD LIKE TO PASS A couvivia! hour will do well to ca'l at “ The Star of tae ‘Wet Shader,” 96 Plaridge street, four doors above G: where on evéry Monday and Saturday evenings the char an: vice-chair ig taken by two of the best singers in the city. P. 8.—On Saturday evening, April 9, the chair will be taken by fhe Fenowned and much ‘respected Mr. James Massey, of PUANTS AND FLOWERS AT AUCTION.—W. 8. Mette ‘VAIN will eeil this day, and every day this week, nt the seed store No. 9 John sizeet, at 103¢ o'clock, roses ‘and other arden plents of every description, from the extensive estab. tof Peter Henderson, Jersey City, Every facility for packing and shipping. Descriptive catalogues, UBLIC ADMINISTRATOR'S SALK.—THOMAS _D. DOUBLEDAY, Auctioneer. will sell at Fort Schuyler, Westshesier county, on Friiny the 16th day of april nex, ai owe o'clock, all the personal effects at said fort delonging to the estate of Col. Joan u. Smith, deceased, oy order of THOMAS C, FIELDS, Public Admmustrator, SP. $900.qtct need to PAUL BE) mre $3.000. facturing business, paying $1,000 per annum, id, itis of rbumity., FY man Fare opportunity. For am interview ceived. L.—PLEASE FIND A LETTER AT THE iat | oga- —FOR SALE CHEAP,”A HOTEL AND DINT! ING wellknown as the Orleans House; half cash. aire st 159 avenue De ore 201 fy 3 biolioiaatiaial etadind i) $1,500, Wictoats tach Sunlton“nose aera ree years’ lease of premises; terms easy. &00., bankers, —FOR SALE, AN ESTABLISHED MANU- , tools, fixtures. &e, To ® com, party with $3 000 at lew address Juc- son & Co., Post FRIEND TO THE VIKTCOUS WI! FIND A LET- ter in the Broadway Post office. Much obliged; three re- je_ticn, Let me hear from you by Tuesday. W. F THIS MEETS THE EYX OF S. M. W., SON OF A.* and descendant of Jonathan W., of basen before the sul ALE OF GENTEEL HOUSEHOLD FURNITURE, THe | ing of the Kangaroo, he will be feooan ‘comes on owner leaving for Burope.—UENRY H. LESUS @ OU, | doard. If not in time go to the New York Post oflice for a Will cell at auction, at the residence of Mr. &. Leon, 61 London | letter, terrace, Twenty third street, bet ween.Nmih and Tenthavenues on YY ApMBI2 ot 101¢ o'clock, a general aasortme’ consisting of valW@ ranpets and rugs, Fore wood parlor salts ] NFORMATION WANTED—OF THE REV. PATRICK O'Reilly, @ native of the county Longford. ireland. Hie fine 7 oseve rosewood piano, papier macue txbles, falald with | bretber, Jamen O'Keilly, docs not know hia place ot pearl; foacy chairs, work tables, centre tables, Freach pier | tn thie city Please addrees 849 Brondway, corner of Four- glusnes with marble slabs and brackets, fine Preach clocks, teenth street. verb spring couch, moroceo covered, chandeliers, embroidered fuse curjaing and wingos shades, several wid exisasion dining | JNFORMARION WANTED—OF BRIDGRT FALLON, tables, Brussels carpeta, olleloth, bedsteade, dressing bureaus, who left ccunty Roscommon, Ireland, in the monta of tables, tollet stance, nuit of best enamelled couage bedroont | April, 1894, Any information, about her will be gladly’ re. furniture, wm y bookeaue cominodious manogany wart- | ceived by Mury Fallon, at No. 2Chure street, botween robes, lounge, demank covered; cane seat and other chairs, | and Smith s'reets, Brooklyn. Kings county papers pleass hair snd spring matiresaes and bedding of a superior quality, | copy. chine dinner end breakfast seta, giags ware, crockery, £c.; a patent mangle and otter laundry articles, a variety of Sheffield plated and ‘japanned ware, and a comple aesortment of muoden, wiliow ware ahd covklag utensils, with s numoer of otber articles. QALM OF RARE OLD WINES AND BRANDIES.—L. M. SY HOFMAN & QO. will well by auction, on tuesday, April 12, at 11 o'clock A. M., the rematuing atock of liquor, in and out of bond, of the laie firm of Clarke & Brown, of the weil known Fratklin Coffee House, Maiden jane, ninowg whied will be found some of the choicest olf wines and brandies in the contry, baving been in their posession for many years. ‘Thin Will ailvrd an opportunity to suunoisgoursto suoply themaelves, which will not iimely occur again. For partizulars, nee ca'e- logue, to be had of the auctioneers, or CLARKE GRU THES, Ao. 4 Gold street. HERIFW'S SALE—GHAMBERS & FAIRCHILD, AUO tioueers, sore 118 Nawaau atrect.—Saturtey, April 9, at 10 o'clock, at Bradley's stable, Thirty first street, near Madi- bon AveuUe, one horse, Wagou aad harness. JOUN KELUY, Shertit. QuERErs SALE OF FINE MILLINERY GOODE, SD French heis, &0.—CHAMBERS & FAIROHILD, at Uoneers, will sell, on Monday, 11th inst., at No, 113 Nassau street, at 10 o'clock, a fine stock of milliaery goods, ribbons, laces, trimmings, tlowces, trimmed snd untried hata for tw deg; also,imported French hats, ali this seaaon’s goo 79; alas, by virtue of & chaMel mortgage, a Jot of atore Axtures, iron safe, Ac. JUBN KELLY, sherill. = 3.0, PELBSON, Att'y for mort, CHAMBERS HAS OPENED A SPLENDID ASSORT- . ment of Indies’ underlinen and children’s garments. Alao, the back and skirt supporting bustie, which medical practi Uonere deem necessary to the health and comfort of the lsdien. Sold ouly by 8. CHAMBERS, &8 Brondway, vy the Bt. Nlobo law Hotel k Went Thi to La’ r Houte, Fare and accommodations are unexcep’ entleman, deceased, or their reprenenta'ives, will ap Englend, they wilt ills fe eupposea to have married & seafaring tan i+ or began None lived at or ne: ce enyamin tef: this conmuy avout thirty years ago, and fn tion wae afterwards received of his belog ta Ammerioas went to Few about 18L/, and about the year 188) loformatton was received of hia being a 80 in oocupation of a hawker, t10MAS Lancashire, Ww. HALE, OF MELKSHAM, WILTSHIRE, EN ——.—WHY CAN'T I SRE YOU? WH 5 dareas station B, Post ofliee, New York. Pattee M**: HENDERSON, FORMERLY MIS3 MARY ANN IR- win, from County Caven, Ireland, will leara somethin; her advantage by cali on John K. Hackett, At maw, 3h Willlads eoreot. toner a —IF YOU ARRIVE AT PORTSMOUTH, VA., BY + the steamer Jamestown or Roanoke, stop at the Oceam nAD.e. . 8. ——_———— ARY ANN MAHONY, BOOKFOLDER.—PLEASA SEND your address to your brother Kward, box 65 Pot ‘orp Post office, or 648 Post ofliee, New York, - EXT OF KIN.-IF BENJAMIN, RIOHAR: Prisobla, children of Jere™mah Meni Tae of ate ro hemas Statham, of Hrown Lodge, near Rockdale, Lan hear of /omething to their advantage, Pris: pamed Maw- he Black soy Ton London. forma ‘Amectos, and vollowiag the STATMAM, Brown Lodge, ear Rochdale, Md. o_ Mancu 4, 1839, . ¥—"SONGS OF SOLOMON,” KIGHTH CHAP. ter, seventh verse, », Kuglan ) INES AT AUCTION.—RECEIVER’S SALE —WILL BR rold at public auction on Wednesday, April 13, mises now occupied by ©, A. biulae, 2% mil A. Kulse, moet of 0 do. sapeior current wine: Lido, extra Harrison | 2 z id. bider; 1 do, grape wine, nine seers ts DaMITT, Receiver, ON of M H. WRIGHT, AUCTIONERE, WILL SELi, Satu yy 11.9, at Ll o'clock A. M., a’ realde pe Dr Penuttey: Ae uhdte Boat, between Bay fudge and Vort | i Hrmilion, AA mounted or on ona, may hear of & cash purchase cock pit, satis, soars yaw. &o , ail complet SPORTING. _ NY PERSON HAVING A SMALL BeABS GUN, a swivel, suitable for a yacht of twenty © by addressing Gun, vox 7 ACHT FOR BALE—35 FRET LONG, sloop rigged; cabin contains four di ENTIRE BOAR +, berths, roomy v, il bows, from 22 to 30 feet li nyt Caress rai wail bonis, from 22 to 30 feet long. apply to CHART. MORTON, NO. 6 Bowling Greco. PP ‘ oral ‘assortment of household Carnivare, farm. Jig ujenalis, bothouse pinats, carriages, sail boat, Ac. y on A RS, AVOTIONTER, WILL SEL" ON MON WwW; Rakes inh at 4o4 Canal ptreet, all the handsome turntigrect a funlly Femoved from Hoboken: foe tapeury and other carpets, beds and dialog room and kitoyen poly to 0. B J ACHT LUCKEY FOR SALR—50 FEET LONG, SLOOP rigaed, ceotre board (winner of frat prize in Mew York acbt Club): has everything complete and all in good ondary wbin wiih four couble bersha, state room, pantry, closet, &. MORTON, No’ 5 Bowling Green, irniture, &o.; thé carpets are nearly new, china toa and dia yg Wg hands, high, § yeara ot, fount and kied in all harass, Alno a dark bay mare, fant: would make & good road hora; sold ror want of usa. AlN a pony borse, # years Old, warrented soucd and kind tn wl harness: will Wot io harness tn 4:10, algo stiver mounted har. ness, aldo shifuing Yop wagon, with pole; also a Nght wagor iso & hack coach; together with stable furniture, do, hay ov ter, &e. Wi SHO THE y aan i ortare, jobbers! oF mauufactarera’ ae yy ANSWEH® TO THE _.. WATCHES, JH WELRY, &C._ AN EXPENSIVE ANQORTMENT OF WaTUHNS AND of al! kinds, wants and descriptions, at leat way, B31 Broad: URSTION WHAT omnia auamonda are way, Broadway fornia diamoudat—Cnll y GC, ALBORTY Of orystalized quarts rock, found only in Ualifornt ned W « #fterno Ze bral ntreet near Varivk, by & peculine provers 80 aa to equal ri4 ral tay vee neral ie fofas, tote « totes, | Hane eine hard as sdamant they are duradie, founpes. {91 Hi Call and examine wen, OF ot paintiogs, | bi nds, eHeheR |e