The New York Herald Newspaper, January 31, 1864, Page 8

i, UNA SBBR, LOUDON, JAN Betore dy, Juatice Sbee. JU QUNEM YE. OG, HRANAN APD OTHERA div. Beard, the “ftormey on the park of King, who, vy COmnected With Heenag, Sayres, Jenn Tyler, Jerr”, Yorn, Jha Macdtnald, Jomnes Mace and Robers ore, we tho late prige fight, was committed by the %, sanoret Rev ed of magietrates for an alloged broach oF *\n6 pence to dhe Lewee @anrter Sessions, applied 08 F:.reay to the coed Juige for a writ of corbloyari “> yemoye ihe ic the Court of Quran's Be non or to ihe woxt wet, Hie lordship reversed bin decision Cub! Jeo ac prort of, the appiicat) ie made by King, in Ome = tthe osher defendaais, i, be Reicien at Lewes on ilo 0 )1404 Xo Dail, on the com follow ug mmitted comer Fe be itevedt that the )usticer abo Peach withother ‘end that in conser , Defers ie beach of us eae sino Woon atvigr'd, and delleved poms of law,“ weuld arice on the md ‘tenente, which me wished “should de argued ow Moelearved Jodgeg of the euperier cour fe Wnteodad'® appiy for o spe. Bh jery, 80d dw engaRe for 21% Gofewortne of ber Kojwesty’s counee), OF ® sergeant Seerned lathe fiw. Zhe Aitiday _—— rh ene Soro “tho Charge agaiust Lim bod Deen the Bubject woacton iv i yotity of the town $a whieh be Bea cy appear, nad Qat prtat fee!ing had Oeen Gispiayed by the ats, come Of whom might be summoned op the ‘ther, thi be local journals pad commented Pn (HE A808, endSvorivg tO prejattice sbe same, and of .be witreames forthe Winn wae ® magistrat ty. Por Whose reasons King niloged that De ‘me.lé net ave a fair trialat the Socios Cemeenee ane $rayod. thay Wwelctment might be removed into ‘Aho Superiee Cocrt. The application was made % behalf «oF “himself and the ther defendants, anc wag mato with cher sanctioa. Ais ‘nly the application was © ot for the purpose of delaying tho trial of thetedictment, Mr. Beard noped the Jearn JudKe, On thesiEidavit he bad provaced, would grant a ‘will of certioreri, and thereby Pisce in the +0 ereated, and in wh mented on te casi Yor whom'te appoared, bad uo éesii y the pro- swedings, bet only to obtain a fair trial before & jndge of ene of thoroper ither on the Circuit cr in the Goart of Que: ir. Justice Shee said he should IRS Lo COrsid fore be ve hie decision, and wo @ aida’ Prevent the trial taking mh a prejudice bad been ewspapers: Lordeby fi ad com. Jat King, ow for the writ jens), and she indictwnent will be shortly removed ‘rom the Seseions at Lowes, where it was appointed to be tried: 8 day, THY CSE BRFORK THE SUSSEX MAGISTRATES. (from the London Timgs, Jan. 6.) The Kaet Suseex Mpiphany Quarter Sessions were oem. * Monced om Monday at the County Ball, Leweer; the Far! of Mhioberter presived, and among the Syptices present ‘wore—sir James Duke, M. P., the Hou. H. Brand, M. P., Mr. J, ©. Dodson, M. P., Mr. J. G, Blencowe, M.P., Mr Papition, M. P., Sir Charies Blunt, Mr. R. W. Blencowe, ‘Mr. G. Derby, Mr. J, Ellman, &e, “After the transaction ‘ef some of the ordinary business, wr. 7. Courthope said ke wished to call the attention f tho Court to the’ prize fight that bad recently taken place at Wadhuret. Certain parties would be bi it be- fore thas Gourt on the following day to answer for the part which they bad taken in that it, and it was not ‘Bie Sntention to Ba: ything which might be prejudicial to them, but ho in a cr evation,and bad given their countenance and as- Stsiauce to n violation of the law—ke meant the rail- ‘way company. (Hear,'hear.) It bad been on ehalf of the Southeastern Railway Company tbat they were bound to carry any parties who presented them Selves Jor that purpose. This was true toa certain ex- ent: but it was not the case that they were bound to earry persons. who were avowed!y about engage in an ill ‘Act. “Buppose certain parties should combine to com- wit a burglary at the Earl of Chicbester’s residence at Siammer Park, what would be thought of the Erighton Railway Company !f, with a full know! of the purpose for which it was sought, they should convey the burglars Yo and from ‘the station ia a Special trainy Having stated a detaj! the circumstances under which the prize veyed to and from Wadhurst, Mr. to the contrary. 9 had rons special train, con Bare. Eine gig9 whicl ped between Headoorn and Btapleburst. Toefebier constable made # complaint upon we eg in bis report, and a communication was made ve the Home Secretary, called npon the secretary of ‘@e raitway company for an of the matter. Mr. Beattie, a director of the Southeastern Railway Gempany, said that the chief constable had simply com. Pleined that the exertions of the police had been frus- ‘trated through the train having stopped between two eta- wons. Mr. Courtbope, in continuation. said that ke had taken ‘he trouble to ‘scopy of the correspondence that Had taken place ip the matter, and should read it. ‘The dettere wore as follows: — Sourn Eastean Rarnway, } + 25, 1859. S&n—In reply to your yr ted _ 19th {nstant, enclosing an ext! from quarterly report tate of coun! ‘of Kent wambere of persons to attend a prize fight heid at He ern on the Sth Instant, 1 beg to inform you that the di- vectors bave caused inquiry to be made, and ascertained with the trans ‘yante without their koowledge or authority, ai ‘Shey bave taken to prevent any facilities being granted in future for above purpose. I ought also to ‘add tha: one of the directors, who is a magistrate of the county of Kent, had already brought the subject under ‘Whe votice of the board, and been authorized by them to communicate a similar decision to the next meeting of Quarter Sessions of the county, 1 have the honor to be, an. S. SMILES, Secretary. Warvrxcror, Beq., Secretary of State, Whitenall. Wmrmgait, April 28, 1859. Sn—] bave laid before Mr. Secretary. eron Estcourt Four letter of the 25th inst., and 1 am directed by bim to ‘Shark the directors of the Southeastern Railway Com- pony for the explanation they have been £0 good as 0 ve bim of the circumstances under which facilities were afforded toa large number of persots procéeding @own the line to a prize fight, apd to express his saiis- fection that the directors have taken steps to prevent the grant of such facilities in future. I am, sir, your very @redient servant, |. WADDINGTON. 'S. Guirus, Eaq., Secretary to the Southeastern Railway Sompany, London Briage. It would be seen from this correspondence that the yaiway company had given a distinct pledge that they would not afford any facilities for prize Ogbting. It waa uow attempted to qualify that pledge by way it that the railway company merely romised that they would not allow « train fo de stopped between two stations, but this was a mere wobterfuge. Mr: Courthope concluded by moving that She Cierk of the Peace should be instructed to write to ‘the cirectore of the Southeastern Railway Company, stat- fing that the magistrates tor East Sussex, in Quarter Ses- sions assembled, bad heard with much regret that upon ‘she occasion of a prize fight at Wadburst, on the 10th of Becember last, facilities had been granted by the eer- wants of the company to persone proceeding thither, and ‘0 request that the directors should take steps to prevent ony, fa tes being granted jo future for this purpose. ¢ Rarl of Chichester said he bad no ob jection to com- mounicating with the chairman of the company on the Sabject, but he thought it was neither becomiug nor dig wifed for the Court to give a judgment in what was not proved before it. ir. Darby seconded Mr. Courthope ition Mr. Beattie said he did not wish to appear there as the sepresentative of the railway company, -but, a€ & director che desired 10 make some remarks in vindication of the evurse they bad pursued. After alluding to several matiors ‘Maiverted to by Mr. Courthope and previous speakers, be @sid, with regerd to the power givento railway com ‘Yo grant special trains, that wae intended asa it to the public, and even in the matter of prive Mgdte it was better that such parties shou! ‘we themecives than be crowded Menger train. Railway companies had received com- Plants of euch partios getting ioto the regular trains, ent the simplest and vest pian was for (Bem to have a Arein (© themecives. With respect to Mr. Darby @betement that they gught to know what the lew was - | ponement to that was the law Jd not go forth to the is country were bound ; because’ if their ie they might avail of fexvagion i zt shes? , | witch he bad airoady haves traio | thing, but into an ordinary pas 4 3 og! ota the fight wae not for money ne yrocn) had directed the artention fo that masier Decaure she pereons a ipavion in apy way 46a} ag clearly proved. ib woul purpose of arakily ing the principals in figiti cont uved Ravi she welcsment tteelf, | thik it my aut, gubject of encoura, Hin lore ion aa few remarke pon tb ‘eelf, beonuse we ali Kaow that ‘ove and contrary $0 the taw of . us! eouree of the deepest regret to all enlightened thinking m net the ceaiation rn ee Sa to ioow tbat iggraceful practice of prize Aghti was evcouraged t @ very great rem at only approved, boi idea by Von amd — posit! ia @ociety it thoue! Fonia vead them to lend their weight ip sup- prese.cP }t jar more than the ordinary wy of the public would. Iswae much to be regretied that there WAS & Most Erroneous impression prevalent in the mat- tor, which made people almost (orget thas prize fighting ‘was vot only@ovtrary to the jaw of the lana yt o <, omportance, contrary to al) Chris! ing Christian doctrine, I canpot help sen, a hope thet public opinion will take Spree, ture with rogard vw Be ne sae ain, & Meatngs et ee ‘other ancient and evil practices, pr > wi a eee d ee exist ths Christian » and become a thi past After the delivery of ‘above charge the Grand Jury Tetired, and the crowds of persons that thronged ‘the court. and ita environe waited in expectancy the all-important cage sions. lt however, balf-past four when the jury returced ® tne Dill against ail the partios jomtiy severally whohad bega indicted, viz:—~Thomas eee in Came) ag Jobn (000; deen written ‘Carmel;? Dut that is not correct, as should be “Camel,” and Heenan bimeelf especially di ted the notive of the magistrates a& Wadhuret to the elronmetan: ee ‘Ab six oolock Mr. Hdward Besley begged permission to mention to the noble chairman that he bad just re- ceived a prief to defend some of the defendants who were out op bail for taking part in an alleged assault and riot st a pri fight at Wodhurst [on the 10th of December last. A8 not only would several questions of fact but also of law arise, he took leave to ask the noble chairman and the Bench to allow the case to stand over till the next Quarter Sessions, in order@hat he (Mr. Resiey) might have an opportunity of jooking into the law and seeing ‘te especial bearings as Wo a breach of the peace, and whetber a prize fight was really #0 or not. As counsel he had vot the opportunity of getting at them cemgnry. books nor was there time to consult them if they Bad been a the persons charged, and out of some cot self, quite a junior at the bar of the Benob of Quarter Sessions before the noble lord and the justices, he (Mr. Besley) his application for the postponement of the bearing vpti) the vext Quarter Sessions would be acceded to. Mr. Ronpel] eald that having been instructed, with Mr. Willoughby , to prosecute, be feit bound to oppose the ap- plication made with such difidence by the learned gen- tleman who had just addressed the Bench, butcertainly no sufficient grounds had been urged for ponement. Ample books coula be procured if the learned coupse! wanted to refer to them, besides which Mr, Besley only represented three or four out of eight defendants, and the application did not, therefore, extend to ali, a0 thet there would be the trouble, expense. and difficulty of trying the case twice over. He (Mr. Roupell), on the part of the prosecution, felt bound to resist the application. Tn answer to an inquiry from the Bench, it was stated that Heenan and Sayers bad gove to Brighton by the quarter past five train, under the it the case would not come on and the noble chairman said that under such ciroumstances, a6 all the defendants were not repre- ted, the Bench could not dispose of the application for & postponement, and the matter must, therefore, be ad- journed ti!! to-morrow (this) morning. THE TRIAL POSTPONED—HOW 1HE CELEBRITIES DIS- POSED OF THEMSELVES AFTERWARDS. Lewse, Eng., Jan. 6,2864. At the Quarter Sessions this day, be‘ore the Earl’ of Chichester and a full bench of magistrates, the matter of the prize fighters committed by the bench of magistrates as 's Cross, for taking part in the recent figni at Wadburst, aa Meee mawe, the Court, the ‘bench of ‘magistratcs here having deferred giving judgment apon an application egg yom | by Mr. an Besley. Thomas King, Camel Heenan, Thomas s Jobo Tyler alias Boss Tyler, Joho Calvin Noon alias Jerry ‘Noon, John Macdonald, James Mace, and Robert Travers were called upon to answer an indictment for * riotously assembling, together witb divers other persons to the Bumber of five hundred aud more, to disturb the public peace, and riotousiy assaulting end beating the said ‘Thomae King and Jobu Carmel Heenan, at Wadhurst, op ‘the 10th of December, 1663.”" Mr. Roupell and Mr. Willoughby, instructed by Messrs. Stone, Wail and Simpson, clerke to the Kotherfield bench of magistrates, conducted the prosecution. Edward Besley, instructed by Mr. J. G. Langham, of Uckield, defended Thomas Kiog, John Calvin Noon alias Jerry Noon, James Mace and John Tyik Mr. Besley begged leave betore the defendants were called upon to surrender, to renew the application he had made to the bench on tie previous evening, That appli- cation bad been for a fortponemedt of ihe trial of those defendants for whom he ap; , and his lordship avd the bench had deferred dealing with it in consequence of the absence of some of the other defendants. He under- stood that those parties were now prosent before the bench, and were able, therefore, to answer for themselves. He did pot know that it was necessary for bim to re. peat anything tbat he said on the previous but ‘would press upow the attention of the Bench the fact the depositions having been signed at such a recent date, and the prosecution being at stance of ove of the magistrates of the county of Sussex. The deposi | tions bad been taken on the 22d of December, ana he | | thought he ought 10 put the bench in possession of the | et that from that time up to almost the last moment, | | imdecd up to Monday afternoon, the parties were ali rep by the same solicitor ‘thomas Beard, of | of arrangement of t sue of the writ of certiorari that gentioman no longer represented King and three of the other defendents, who had, since they uad be Lewet, employed Mr. lancham, « solicitor who pow represented them, ‘The Chairman—Who do you appea ‘Auge at present the bench do not hem cept the defeudaut King? Mr. Besley—I appear, my lord, for Thomas King, James Mace, Jobn Calvin Noon and Jobn Tyler. He felt | sure that his lordship and the bench would forgive him | for saying that men situated as the defendants were might wel) have ap objection to being tried in the county | of Sussex, especially when they knew that the proseca- tion bad been instituted by ope of the magisirates of the very bench that would have to try them, and who was himself a principal witness against the He thought that that might wel) account for the applicationto Mr. | Justice shoe forthe removal of the place of trial, and with submission be presumed that bis lordship and those who sat around him would rather prefer such a course being taken if they covsidered It coveimieut with their } doty. The chairman wade a gestare of dissent. Mr. Besiey, continuiog, observed that be did not know whether the writ of certiorari would be granted, inas. much as the recognizances had bot been entered into, but Mir, Justice #heo had intimated that 4t world be yranted upon the usual conditions. On his own behalf, be begged to urge on the bench that it was only on the previous day, in the afternoon, that hé received bis brief, and he felt that be should nut be doing justice to the case in | going into it at tHe therefore askea the magis- trates to exercise the discretionary power vested in them and postpone (he trial til! the next sessiont. Beyond that ted be would pregs upon their | Attention the difficulty he felt Ie takin np such au im. } bim Besley , of any oveex: | portant case, and he had not ly the necessary time to examine thoroughly the form of the indictment or the legal effect it might have upon bis clients. He therefore respectfully asked for a postponement. | Mr. Roupell bardly thought it necessary to say any. it bound to potice that the grouuds upon pplication for & postponement bad dee: were — M1 ‘ whi | Would, of course, at once bai i Jearned friend had put forward as @ new reaven that a fair trie} could not, or at least inferred that it could aot, be bad in the conaty of Sussex, and yet asked for a pom me when it would come before identi- celly the sarae tribunal, With regard to the writ of oer. | tiorari, the bench knew nobbi oi ‘although it had | been #0 reported in the ne i. re. | ports could not always be taken tly correct. If it bad been desired move the tria), the writ could have been completed and served upom the court, who could bave doalt with it, As to bi frieud having been so recentiy int with the defendants’ attorney, who neglected bis or With the defendants thomeelves, ‘whe did, Dot urge the matter on, The prosecution ought not to be put 10 addi- tional expe novertheless, if the joatiog wae rested on the fact thet the P| the trial), be felt, ag Nace baneteh my Mr. Charles hed ie 'y, Heenan, Gnd the others, which Mr. Bes! informing the Chait u tl ye by he rman that all the do. | and shirt; they } a were signing some pap 4 room, venta you from » Charged with enlisting Frened nailore in the #7;-¥ice of France, and tbat be bad dronken men, who Wero un- 5 Q. Have yoo loss apy meen from your ship? A. Yeo; Reulland, Lot and Avger, andi @o not remember tho Bames of others. Q. Bow came they to leave tho ebip? Mr. Taylor objected to the question as irreloyant, ar bie elient was not on trial for Ridnapping. ‘The objection was overruled, and the LaLed Reulland was cent to buy provisions and received gold | enlist and to-change for paper bilis; as he was @ married man and steady, J believe he had no intention to deneri; he wae employed that te purchase provisions and to exchange gold fo here objected to the overruled, asthe was ‘The witness te ane ake ‘with the eniisimeat of tho sailora, itmers thea dence im him; nobody in the evidence, on the ground of 8 bearsay character, bus bie objection was | regarded. ficial. eatigations age,¢ Licutenant Cole yosterday on the following charges and ppeolioations:— Charge 1, Bniiet sellers owing all Tower deing conduct prejus Aiscipline. ‘Speication 1=Tn this, that the said L‘entenant Williem ‘tila One Hundred ind iy phy eye ) reoruiting 0 nited Grates -Voluntecrs, \ ns soaking Ds ir ine airy, ist and and mue ‘nto the service of men Named L, Hove, or Lol, and AURar sailors ewing atiegiance fo ihe French government aud Ian to. too euaamer Tielphone, iheaging in New York harbor. All this at Now York city, on or avout November . se Oe Htindsed and Fie ctan a Now York Volonteers, recruiting oMiter ‘United’ States ‘without making proper inquiry, ‘musier into Me service of the United Biates, Charles Sebastian Rome, oF Rosey, ow! ance to the an vebant wana, EAranide, then lying in New York harbor. Ait his af Docember 7, I bis, serine seenistons. i hat be, the ca ne Handred and Finy.cighth New Fore iiing aflcer United Stsie Valunieers, dia lote and Augur, eanlors of the steamer into the service of the Ur, tied Btates fance and in the service k sdleial to good military of nto tbe sei said, stated ‘The warrant ‘Tigiphone, be 5 to nim officially that he bad seen Reulland, in French uni- ; thas be wanted ‘why’ he waa pat on a form, con a guard of soldiers; thas ,, did not know steamer (the Jobn Romer): Realiand was weeping at th me; one of the men might have: ‘the gold to the warrant officer. Q How came they to 0 returned to theship? A Being advieed, | wrote to the Consul, who wrote to Geve: ral Dix, stating the iven bank; and General D! ‘siand, who was one of the warrant officers of the Tis)- phono, and when Reuilan out of his régiment. . Oo the cross-examination the witness replied ag !4) lows:— Q. What day did Renland afaly 0 be. resoued? A, 1 Go not know; “it is stated in the offloial report. Q. What is the punishment in the French nayalservice A. Tn times of peace the punishment 's to send deserters to condemned regiments for three to fiye years in Africa; during the time they fee perived for desertion ’ he rights of ‘tixensbip, in time of war the pun! nt is death. a “d Vincent Realland,a sailor of the French corvette Ti- siphone, was next examined by the Judge Advocate:— Q. Were you ever absent trom your ship, and if so by what cause? A. Yes; to buy provisions. Q. Were you detained, and by what causes? A. Yes; 1 met a man who made signs tome to come to Lim and made me drink, re, and from that time] knew noth did; Twas brought to the prison, and wMat offence I committed. Q. Have you ever worn a United States uniform, end bow came you by it? 4. I received it in camp, but do not know by whom. Q. On the day you were pores ears you in French uniform, and when did you change it? A. I wore it till the next morning at cight or nine o’clock. Q. Do you recollect signing this paper produced)? A. No; because I was Q. How long cid you remember remaining in th’ statey A. It was one o'clock in the morning when I fe you perfectly conscious from that time unti) awoke. Q. you retarped on board your ship? A. Yes. Q. Have you ever been induced to enlist in the service fo, of the United States? A. Ne id you eyer bavi oath administered to you, deserted; Reulland gave i saw bim he came voluptarily at the Battery, on the wharf, Of what they did not know paper (enlistment Eth New epee PEE ly ong gto | Jarmide, Si ro) st tervice of the United. Sistes, knowing at the time that was entirely ignorant of the natu: he that he waa under the intiuence of liquorat the time.’ All we New York oity, on or about the 7ib of December, Captain D. Marivanit was the first witness. He testir fied that he was a captain in the French navy, and that he lost four seamen from his ship—L. Hote, Vincent, i Marisge gad Augur—though they were still in the impe- nial navy. Toul 1. Hote was then examined, and testified that he had been brought to New York from the = Gilmore; that be belonged to the Thirty-nioth New York Volunteers; that he bad never eplisted; that he had never seen the accused before; that be owes Allegiance to France; he never signed the enlistment papers; he never enlisted in the service of the United States. The Judge Advocate here submitted his official dis- charge to the Court, The cxamination and trose-exami- | nation then went on, a8 follows: Q. How came you to Riker’s Island? A. I was sent there by a steamer; J was taken into a barroom, where Twas made drunk, by @ man whom I don’s know; think I know the man wko brought me there; I was thence taken to an office, where I was asked whether I wished to enlist, which ] answered in the negative; the guard then took me to the steamer; I was not willing to eulist in the service of the United States. Crogs-examined by Mr. Tayior—A county volunteer re- ceipt for the bounty was shown to the witness, but he could not acknowl his signature to it, Q. Were you taken to Riker’s Island by force? A. 1 | Yes, by force; 1 told a man, who spoke French, that I would not go, and they made me go by force. Q. Did you receive money from any person before going to Riker’s Island, and after you met the perven in the drinking seloon? A. No; I received forty dollars on the isiand. . Q. Foy what did you receive the forty dollars? A, It was given to me when I arrived, but I did not know why. Q. Were you at any time before going to Riker’s Island desired by any person to hold “=p yeet hand while an oath wes interpreted by another? A. No. if and Vifr-eahit regiment Rest a) ng officer of the Unit Q. swearing you into the service of the United States? A. | _ & State what took place between the time you first No. ] never took the oath. = Indge Advocate ofiered in evidence the order from Gener: gvound of improper enlistment. Examination closed: for the prorecution, when Mr, Taylor asked the following:-— Q. Where were you when you awoke? A. Ina sort of n ip thie ci . When you left the ship did you wear the same uni- wore the same uviform except the coat, a blue woven shirt and the same pants, form you'wear now? A, No; I the regular French undress uniform. Q. Did you have on the blue uniform collar over your woollen shirt? A. Yes. Q. When or immediately after signing the paper (on- listmest paper) did you recollect of having an oath ad ministered to is or bolding up your bands? Objected to by the Judge Advocate, as deing calculated to i u ‘itness’ direct testimony. The court was cleared, and the Judge Advocate’s ob. Jecttvns sustained. The examination of this witness was here closed. ‘The next a n Siw: Vhat the said M. Colé, One Hunared and Fifty eighth, iment York Volunteers, recruiting officer United States Volun- ‘toors, did enlist and muster into the service ofthe United States, Evert D. Keaton and designating the One Hundred and Vitty-sixth New York Vo! wished to enlist in, which was yatenant Win. list him in another regiment. city on or abo Evert D. K All this at New York November 30, 1869. jon, a colored man, being sworn, testified ato being a er. Q—Teil the circumstances of your getting to Riker's Island. A.—I came to New York with a couple of fellows to enlist, about a month or two ago; when pesewe Rhinebeck Hotel, we met tbere Major Van Wagner: he asked whether my friends uted to enlint; they answered yes; be then asked me whether 1’ would go as hostler for him; we thus ‘Now York; when we got at a hotel,and Vao Wagner asked the other in what regiment they wished to go. They said they wished to go in the One Hundred and Fifty-sixth; be said that was very good; he thenasked me w! er Thad made upmy mind to go as hostler; 1 told him! had; be told me that as soon as 1 was sworn in he would give me $25 dowa—he was to give me $300—the rest of the money be would pay me on Riker’s Island; the same day I went to Lafayette Hal) with Major Van Wagner; when we got to Lafayatte Hall, we went into the room bere the doctor was; four or five men were there; 1 was examined by the doctor; the surgeon told me to undress: L kept my pants and boots on, meroly pulling off my coat id up acard end asked me what it , "the seven of ’ I then was told to jes and passed into another room, where ® man who was writing t directed me to touch a pen, which I did only once; 1 was shoved out of doors with @ couple of guards; J then saton a bench; afterwards I was taken into another and stayed there till next moruing, whon I was taken to Riker’s Isiand, Q. When you went to Lafayette Hall did yon go for the purpose of eplisting as a soldier’ A. | went there to be a “ : Q. Did you ever see the accused (pointing to Lieutenant Cole) before? A. Not that ! know of. was: I answered Hall, and jf 50, oath, x soldier? A: No, sir. ah DIO they felt ‘you to Loki up your band? A, No, Q. Have you objections to Yecoming a soldier? A. I e Is there ny La the matter with you which pre- eing a soldier? A. [have a foot without any toes. @ Did you have apy idea that you had to become o soldier iu order te become 4 boetier? A. No, Q. What did you sigo the paper for? A, T did not know it. Q. Did you receive any money for cigniM it? A, Le. calved wenty.tive-gollare, Q. Did you not koow that by signing this r you would be sctdiery A didnot. aa. Q. Were you toid that in order to be @ hostier you bad to be exeuted? A. Yes; “Billy” Van Wagner told me 80. The Judge Advocate bere put in evidence the enlist- tment papers of the witness. a Does thig paper look like the ove you signed? A ee. After the examination of this witness was concladed, couneel for defence stated (hat he would require Major wi to be present ot the next session. To which the Judge Advocate objected, on the ground thas he was char; b perjury. This objection was sustatued, aad fhe Goon sajrarted ee ‘The court martial met ou Friday at ten o'clock A, M. The trial of Lieutenant Cole was continue Anthony Riker, a colored man, was the drat witness examined. He testified that bis occupation was a comch- Moan; that he was enlisted once by « gentioman who came after bhimand asked bim if be would like to take charge of a colonel’s horee; he said that be would got mind taking care of {t ouly be nad to go ous of the city; the man told bim be would only hays to go as far an Barlem, where the regiment was camped, and that por- aps in the epriog be would bave wo go ae far as Philedetphia ; th th then wens down to Mercer street, where the mav who oulisted bim H 343 s: iB =e He z fH A : is i : ¥ Dix discharging Reulland {rom the service on the junteers as the one he ised him by Lieut. Cole, who did then, without -his consent or Knowledge, met the pers.n who asked you to drink and the fime you went to Riker’s Island. A. They breaght me in a car- Tiage to a lasge bari » Where they wanted to make me sign different papers in English, but I did not understand what it was or what for, | declined signing, as I was so drunk that] could not stand; thence! was to the steamer nnder guard. Q. Deecribe tho place where you Were taken im a car- riage. A. It was.a large house with a latge door; there ‘Was ap office whore there were soldiers. I had to go up steps. Th wanted to make me =. Placed ich was by ere me under guard ond into a smail room, wh! the office. I was not told to undress. ©. S. Roue was then sworn, and testified that he met & young man on the Battery who liquor etore; that he was then taken to a large ball where he was made to undrees. He fatted also to recognize the accused. The accused was then tried oa— First Lieutenant th Specticstion S.mIn*thie that the said Lieutenant Wi xc Coie did enlist into the United ‘service one John S. Santo, at the time an enlisted man (musician of th i a hy ete pete oa a ol an int and unal to ‘understand the nature of the transaction. Spesfcation 9.—Obarging the accused with enlisting sito withons expisia pie stare of the eolistimemt. 4 of duty, ication f.min this that the said 4 ‘One Hundred and Fifty Ting proper fecsny, eniiet sud or the United States th time duly enti Service a6 a musi- clan of the re the Tenth United States infantry, the sald San hen en, fu from his poeoehon Ne that tien on All thie at ow York ry ena 4 Stout the 1ith of December, 1868." aor John S, Santo, of the Tenth United States infantry, tes- tifed that he was at Riker’s Island; that be came to the city and was made drunk at a boarding house; that he recognized his sigoature on the enlistment papers; that he never gaw Lieutenant Cole before, and never took an oath of enlistment for volunteer service. cross-examined, he swore be bad bis furlough with bim when be eulisted, and that he had $25 75 of bis own money when he arrived at Riker’s Island. ‘the case for the prosecution here rested, and the Court adjourned to Mom next. ‘The State Board of Agriculture has just held its annual meeting in lowa. ‘Ibe agriculture of that young and en. terprising State is flourishing. A resolution was one +{ requesting the delegation in Congress to give a liberal support to the National Department of Agriculture. Bi-sor—Basay.—In Oseining, N. Y., January 27, at the Tesidence of the bride’s father, by the . Mr. Helmn, rector of St. Paui’e church, Sing Sing, Jesex Brsnor to Mary A., daughter of Thomas’ Bailey, ail of the above place, Friday evening, January on Wednesday, Ds Mitte—Brorsentos.—On 29, by the Rev. Dr. Dix, Wu. B. H. De Mite to Hisuzy B Brotuzrron, of Stuyvesant. No cards. ‘Troy (N. ¥.), Stamford (Conn.) and Providence (R. I.) papers ’. Gicenet—Kinway.—On Thi A ag |, at the Chureh of St. Francis Xavier, by the Rev. Father Moy = x Ampross Grioprist to Mapy A. Kirwan, both of 7. Srowk—Powstt.—On Monday evening, December 14 1800, at the residence of the Hoy. Hoberd We Lewis, Met Joseru Srowy to Miss Mary OsuER, eldest daghter of Wil- = P. Powell, Vf city. iver, ) pat copy. Sevmcon—Untia. On January 26, at Trinity chureh, Hoboken, N.J., by the Rey. N. 8. Harris, Mr, Jous T Sxrwoce, Jr., to’ Miss Eawa Brvaw, ali of Hobo: io cards. ington aqui Dr. Shaffer, J. this city. itch, by the Rev. Bower Travis to Mies M. 1. Aviex, both of Die Boox#ovt.——(n Surat. January 30, lesa0 Fixow, Jofant gon of Edward and Margery A. T. Bookhout. ‘The relatives and friends of the family are respectful; invited 40 attend the funeral, from the residence of bie ‘ents, 276 North Second street, near Lorimer, Williams. afternoon, ren ‘clock. op Saturday morning, January 7 ae bog ‘| the 30th year of his age, & ‘The relatives and (riends of the family are Invited to attend the funoral, from his late Testience 1k Fort Green piace, on Tuesday }00R, at two o , without further notic Baows.—On Friday morning, January past ~ o'clock, Samcmt Brown, Jr., 3 mont The relatives, friends and members of Manshatte ly invited to No, 170 Bmith ) Ot two years, : and friends of the family are respectful attend the funeral, from ie tate residoa0s, aflernvon, at two o’glock, without further Friday, January 20, Hasnan, the beloved 8 dative of Limon, couhy Waterford street, Fimcaw,—Suddenly, January 90, at his father-in-law, Peier Pirate, 10 Fast Fumaan, 4’th year of his Ky ‘will be publ! Foisy.—On Baturday, January 60, Daria F Daniel and Mary Foley, aged 6 inonths and 15 ‘The friends and acquaintances are respecifully invited to aitend the Aunerai, from the residence of hi No, 157 izel avouue, on Mouday altarnoop, at half past wo o’c'ork, # Faa.zy,—in Harlem, op » January 30, after & loug iliness; Mania Peasy, aged 37 years and 4 months, f , Parish of Kloon- daughter of Lawrence and Mary’! Droney, county Longford, Ireland, Her friends are respectfully invited to attend the fane- ra}, on Monday aftergoon, at one o’eleck, from the resi- dence of hor brother, Thos. Fealey, corner of 126th street ““Gurvm—Joun GLINM, aged BA Peart, & native of the LYNN. —JORN GLYNN, a parish of Lamsmaugh, Kings county, roland, His friends and acquafutances are {nvited to attend the funeral, this oeniee) cenaee ‘at half-past one o'clock, from bis late res! , 206 Forty-eeventh street, be- tween First aud Second avenues, His remains will be taken to Calvary Cemetery. Grarvon,—At Ridgewood, N. J., on Friday, January 29, foie ears, Jouy Grayvvon, formeriy of city, aged 83 lends, those of bie sons, Suan, rayon, "and of Kis sons > te two o’clock, from sho residence of his son, Nor aay’se WO. ‘bis son, MY. a 29, cas ear fe tae pu wuaintances of the family are respect- ‘the funeral, this (Sunday) after- The friends soquaintances of the family are re- spectfally invited to attend the funeral, on Monhay after- noon, at one o'clock precisely, from the residence of his remains will Caivary very for ovum Byun, fant dqaguigt | Danlel and’ Beata IER Hunter, teat eat Poy gh he Lew s Beige & ‘The friends of the ares respectfully invited to ate tend the funoral, on Tuesday aftornoen, at-one o’clocs Kaunyavy.—-On Saturday eyeuing, January 20, Euicu, wife of William Kennedy. The friends and acquaintances are respectfully invited to attend the funeral, from her late residence, 160 Waver- ley place, = recawed afyengoen supoicient. ~ UBEY.—| 2,0D pul mor! } January 30, Mr. Comins Lenny, oative of Rligenay, ialand, hie Bt yur is a The ‘ends of the family are respectfully invited to at- tend the funeral,on Monday morning, at nine o'clock, from bis late residence, 170 Sands atreet, Ris mains will be taken to the Church of the Assumption, — a | spoon Requiem Mass will be offered for To pore soul. 4 Lee.—On Saturday morning, January 30, Jawes Luz, a of b, county Cavan, Ire- of his brotper-in- Jaw, Owen Lynch, are respectfully invited to attend the from the residence of his brother-in-law, Owen Lynch, 416 West Forty-second street, between Nicth and Tenth avenues, on Monday afternoon, at one o’clook, with- out further notice. Muiuss.—-On Friday, January 29, ExtaN Mcuuns, tho beloved wife of the late Dennis Mullins, aged 50 years, a native of Nenagh, county Tipperary jand, Her friends and those her brothers-in-law, John O’Brien and John Lowman, are 1y invited to at- tend the funeral, this (Sunday) 1, @t half-past = o’clock, from ber late residence, 113 Washington street. Californie papers please copy. Monvay.--Ou Janay 30, after a areas etn ermal of Se pt ange an len Mur) county Cavan, Ireland, in t e 2d year of ber age, r The friends and acquaintance of the family are respect- fully invited to attend the funeral, this ) after: Boon, at half-past one rom dence of her father, 146 We remains will be taken to Calvary ment, Moorsy.—Jo on ‘Saturday, eee ins ec Daniel Moca Tate of Coothill, Se eee 40th of ber age. 5 are ine vited to attend the funeral, on Monday afternoon, at two remal Of the Holy Cross, Flatbush. if MoCanruy.—On Saturday, January 30, after a short and severe illness, Many, beloved wife of Patrick McCarthy, of Phale, parish of Ballymony, county Cork, Ireland. ‘The relatives and friends are respectfully invited to at- tend the funeral, from ber late residence, 16 Dennet t08, between Wilson and Loquesre streets, Gouth Brook: London papers please ' MoCaxx,—On Saturday, Tinvary 30, TsapEuia McCayy, a = of the parish of Fintona, county Tyrone, Ireland, ichael and mayer are invited to » at one Grolock, from the residenee of her ean, ‘Michael'McCann, wy Biamx. On Friday January 29, Ma Gaugh- ) BRIEN.. a uery \RGARET A, ter of Robert and Mury O’Brien, aged 1 year and 20 days. ‘Too friends and acquaintances of the family are invited to attend the funeral, from the residence of her parents, 191 West Fourth strect, this (Sunday) aftern Dalt.past one O'olock. Hier renaine th “tee taken 10 Calvary for intermedt. Psit.—On Sat January Ricnagp Moous Pacas in the 6151 your of hia negee? °°? The relatives and (riends are invited to attend the fu. cary cule strecla Dasoday aren yA, F oer rei a on .) clock, without further invitation, wnan Quiv.—At ber 1 invited to attend the funeral, on o’olock, from the rosideyce of her daughter, Mrs. 100 East Nineteenth Her remains will be St. Pat where there be 1 high of requiem for’ the leron mass of requ! for repose of her soul. Roorns.—On Friday, Ji 29, Marr, the daughter of Stephen Melvor aad'beloved wile of Richard Rogers, in the 28th year of hor age. Tho friends of the family are respectfully invited to attend the funeral, from her late resi 242 Sixth ‘avenue, this (Sunday) afternoon, at tw o'clock, East Roxbury (Mass.) papers please 5 Sotuvan.nGe Friday night, ‘January 28, Dsxwis Scu- Uva. ‘The relatives and friends of the family are in to attend the funeral, this Punter eeracen phe o'clock, from his late residence, 185 Wash: ‘street. Srurson.—On Wednesday morning, January 27, of con- sumption, Epwarp Simpson, & native of Ross-shire, Scot- land, and for # Airey years a resident of this city, and days, : Trinity Church Cemetery Suant.—On Saturday, January 30, Witium Gray, the beloved son of James and t yi 8 months and 17 days. een une) So et eele rate friende are respectfully Javited to attend the fune- jonday Doon, 6 0" from \- dere of bis father, 110 sian sven i, tor ra.—-Suddenly, on eed} yuary 27, TROMAS Surmm, late ex Captatn of the Fou | ard police, brother and brother-in-law of the Inte Joseph M: lurphy. Their friends and those of the family are res) y eet invited to attend the funeral, from his Greeny ich avenue, this (Sunday) afternoon, at one o'clock. Ssymovr.—On Saturday, sar 80, at the residence of bis father, G. W. Seymour, 426 Cherry street, Hawny F, Sayecn, aged 17 months. ‘The friends and relatives are invited to attend the fu- a from the a afternoon , past one o'clock, ¢ Surra.—At Newark, N. J., on Thi Barme, Willow ae. oan - ol aged and friends ate invi at 7 TownseyD.—On Friday January 20, Eowann 0., ton of Thomas J. and Bllzabetd {{."Townseua! in the 1008 TeThe reladives and friends of the family are invited the funeral, from the residence of — Hii i OTHING INZURIOUE TO THE MOST DELICATE, ‘The Rejuvenating Blizir is the reault of modern alecgve- ries in the vegetable kingdom, being an entircly néw ane Abstract method of cure, irvtopective of all the cldang | worn out systems. ‘This medicine has bees :2ated by the most eminent meat them Pronouneed to be one of: pene teens ween nen the greatest medical discoveries of ibe age, Oue bottle will cure General Debility. A few doses cure Hysterice in females. Oni ures Palpttation of the Heart, A few doses restore thegrgans of generation, From one to.three bottles restore the manliness and ful! 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