The New York Herald Newspaper, October 12, 1868, Page 5

NEW YORK HERALD, MONDAY, OCTOBER 12, 1868—TRIPLE SHEET. after. ree officers were now wounded—two mor- y. The Indians, were bent upon another attem ounded as he was, continued t! command, giving his orders Abner 8. Grover, or as he is Kuown among his comrades, ce, daring and the desperate work still were given to the scouts to improve the lull conflict by digging rin KS. Butcher and jackkmves were digzing a then drew Colonel Forsyth re the Colonel remained suffering from constantly issuing his orders, which ‘were promptly exernted by his trusty scout Grover. THE ATTACK RENEWED AND KEPULSE! retty well covered behind again attacking enna oro e age leaders made the same efforta at inciting the young Sig or rg td annihilate bo white ey women lent ir encouraging words. The . from an elevation near the island where he could be hi and with a bearing of authority and persuasion in his native tongue ad- dressed ‘hia m. “Young warriors,” suid he, many and the whites are few. ne. All now that 1s needed attended by one of the most daring, heroic and decisive expeditions which bave yet charac: terized our Indian hostilities. Surrounded by vastly superior numbers, without food and shelter, malies away from quccor, starving, wounded and sick, the proud and merciless warriors of the Plains were defeated by a little band who knew their only chances ef Itfe were in looking death in the face and contest- ‘The men were sand hills they remembered, and the annals of the frontiers will not ail to record their almost supernatural bravery. As Ro detailed account has been given of this he- reio achievement I will tell the story from the scouts themselves, who are mow lying here re- covering from their fatigues and preparing for nother hunt after redskins. ‘THE SCOUTING PARTY AND ITS DEPARTURE. During the latter part of August General Sheridan @etermined that a thorough scout of the country lying towards the north, between the Smoky Hill ‘and the Republican Fork, should be made in order ‘te detect the movements of the large body of Indians Whohad committed the depredations and magsacred ‘the settlers along the Solomon and the Saline. For ‘hia purpose he directed that a body of scouts muould be organized, Between forty and fifty picked mien were selected. Most of them were old frontiers men and many veterans of the late volunteer army, some coming from forts Harker, Ellsworth, Hays and Sheridan, and a few were men who escaped the mamacre on the Solomon and the Saline, No Detter body of men, in view of the hazardous @uty, was ever collected—hardy, muscular men, @coustomed to every variety of exposure and , Mardahip, and a majority dead shots, At the earnest @olicitation of that gallant young officer, Brevet Colonel George A. Forsyth was appointed to com- mand the party, and was accompanied by Lieutenant ‘Wred. H. Beecher, of the Third infantry, whose repu- tation az a scout was unequalled in the army. The eommand as organized comprised forty-six men. | The name which the party assumed was the Solo- mon Avengers, in allusion to the massacre on that otream. On August 27 the party left Fort Hays, the point at which they were organized, and moved di- rectly north, crossing Big Creek, the muddy branch ef Solomon Fork and Prairie Dog creek, atriking the Beaver creek and thence south to Fort Wallace, During the entire journey no Indians were seen, al- ‘hough several old trails and abandoned camps were ered. The country was filled with game buffalo roamed over the plains in vast herds, and indications had recently been this point, the party refitted, and, ¢ officers’ snd'men” agit started. it of ‘September 10. that they bullets are almost all is one more big runto the whites in.”” The old men whooped at these words of the chief, | quiet was restored Grover, understand- and what the chief had said, jello, old fellow, now? This is pretty tough, ain’ somewhat surprised, looked in the direction of the and repited, “You speak scout was correct lock the savages were and with shouting and brandishing dashed upon the isiand. what do you think ht straight,” me that Ris ¥ At eleven o’cl The men, better protected, were enabled to fire with greater precision. The again and the warriors dashed back gullenly out of the reach of ire, was made almost immediately, but in neither savages display that determination evinced in the first. They were evidently badly crippled. ‘The scouts fought aa bravely as ever, losing two of eau rg ent lish thet th ‘accomp! Ir purpose the commenced fring upon the horses and muies the trees. This was a question of time, as it was dangerous to get within too bullet from the island. Early in last animal was shot down and as he fella y ‘up and shouted with an air of satu English, “There, their laat d—d range for fear of a the afternoon the irr cemped faction and fa good horse is ‘al Between two and three o’clock @ large body ans ‘renewed the attack in their own style of warfare, riding around the island in a circle, each time coming nearer and firing or di their horses as opportu! dictate, This was the last hostlic ree for the day. Firing from the iharpshooters, however, kept up until ei sity seemed to demonstration in fo. AFTER THE BATTLE. As night set in Forsyth found his situation to be Gead and his surgeon barely allve’ two ten had rgeon ive, two men been killed and seventeen were wounded. Hi and almost out of food. be done, that was to wh to Fort Wallace. This was ion, and to attempt its execu- There was but one thing forasiege. The rees Were searched aud all the ammu- nition brought in. More substantial sand defences re ror up. The night ee, warm and pleasant, wounded were com, ive . oy linens of the weal tiey songs of victory were he: mournful strate of sorrow. who were the evidences of the disasters of the da; the last ofilces of the living and the recelved the tokens of commis- tember 18, at the lashing toward the mt anticipation that the white night. rel soon lost now pared dies on t 1e hor « At Fort Wall: with ‘was on the morning moved out of the fort u the open plain, jan, the terminus of the Union Pacific Rallway, the Southern road. But a few days before a desultory ‘band of Indians had visited the vicinity of Sheridai and killed a Mexican, who was herding cattl , Which led to the north, was fol- of thirty miles, but the Indiana The next d: Forsyth took Custer’s old ‘the same night on Thickwood creek. aa GRETING ON THR TRAIL. Septem! asm: @acovered moving to pagan the Repabit ri ‘de en, reaching publican river, stream, discovering a recent trail, night camped on the north fork of the next day, September 13, the course was due following the windings of the north fork, it struck the Spy The following ‘morning, dawn of day, the sa island, in the evide! juring ‘ty of Indians was settlements, but therefore pushed Dat ‘was something to support life until aid could be bad He ‘crossed. that from the fore at loast elgh Tow scarcely @ left, and that day was morsel consumed, and poor pros- The savages were still present. Durin; waa some sharp shooting, but no one hurt, as the sandworks were a complete protection. ‘The same night it rained beavily, which caused great toh few savages were seen peep! over the Fills, but a few shots drove them off. three o'clock eo — twenty- a posite the island 4 ‘orders were given to shoot the first person wHo came within range. One of the men shouted out to keep 1off; ‘this is no commission.” The the mded to have was to carry ol land. When they id not take advantage in this THE RETREAT OF THE SAVAGES. It was evident that the sa’ é i Hat aE leaving camp, 77 were ven by the ecouts were immediately 0 mn. About twelve of the savages veg Sige Sring and wavi intention of creat the stock. Seven animals were thus The remainder were seized and retained. after some brisk firing, drove the sav- Hi ry 8 3 : i BH A : i 8 R 8 re refrest ven to the wounded, whica seemed to re- Led a3 4! hic! ‘were enabled with comparative sa: to approac all quarters within sof me septa, I le of the Delaware fork, about twenty rods it, Was an island formed by the channels rivers at this season, one chan- ary and the other had but a narrow init The position, however, hed the sivantage e owever, e for distance the dead animals lying large meat, which they jerked after the fasl Indians, and thug secured @ supply of food for seve- t two more messengers were sent to men were Donovan and Pilyly. ‘While the scouts were preparing against an enemy more powerful than the red mi few Indian women was again arrior dying of nis wounds had gone to the happy SUFFERINGS pea Baum. QO party left to watch the movements of the scouts. The main body of the Indians had now re- now some respite in the surrounded turned ‘majority of the Pi the death wail of a ard. Some othtr stan twenty rods of 2. The well men ha they resolved mpon rel relief or starve. ‘On the seventh day the The animais from which ied horse meat was out. had taken their supply ion. There was no ferable to the insidious and began Dideously upon the ; others crowded Sma he gm the = ready to follow m in the sarrounding plain, recedi rear of the ‘warriors, possess unusual interest. distances the eyes of the little band what the next moment might js nine o’clock. several dark moving objects were discernible on the horizon. The begmten was, Were they savages or the moasengers \iered, wonderi Dring to view. pon the sturdy forty. The oye of the their heroism stirred the sat ry. A few isolated shots were fired. The chanted victory; the old men their youth to excite the emul: the medicine man, frantic with excitement, and beat his drum; the chief, with the eagie beak upon his head and ail the in- shouted; instantly, with one out, across the From the telan ied out for relief and thirty m fe they discovere resence the first ray to cheer the termi- Brevet Colonel H. C. rt Wallace with an abundance of supplies for the wounded and weil. Colouel Brisbin, Second cavalry, also reached the camp. As soon as the more immediaie wants of the re- Neved seouts were satisfied and the wounded had their wounds temporarily dressed, Colonel Bank- head assumed command and commenced the home- ward march. The severe ambulances, and those who could not be remount Several days march without an eveot worthy of note found the rescued snd the reacut at Fort Wallace, signia of comman: a t gestu whisper. With, yells and violen res on came The medicine man drummed and is incantations; the chief looked the per- sonification of hellish design. THE INDIAN ATTACK AND REPCISE. It wan now nine o'clock ip the morning. ‘w moments broke the quick rifles of ly @ Wall of _ Tose between the sav: and the steady scouts. fell to the dust. Furiously the vengo, but their reply was for @ moment asi halted, and in an instant ten feet of the advance scouts ‘Wounded were lying. jooters also poured rtunately were fired hi have been certain defeat to the scouts, deal of ‘confani on the taland also the stillness of the within range wounded were ed men. as weil as the well placed in wagons. ers safely back death. ‘They quivered at th Interesting Letter from General Brisbin. General Brisbin, writing to a friend in St, Louis, under date September 8, says5:— I got here this‘ forenoon, after a most fatl march by day i night. igh or the havoc woul order of General ‘ward to the relief of Colonel For- ridan's staff, whe was sur- ing of the 17th inet, breakfast that at a ofhorses. Ine Tey miactes afterwards slaige ley, wi syth’ “o General She rounded by Indians on the mornii He tells me thet, as he about dozen rough his camp, suffered. About the first was Colonel Forsyth, the exclaimed “1 later & ball struck the lower part of the left leg “istanee bolow the knee, producing 8 com. Dody of savages, dressed with feathers and painted tor war, were seen down @ ravine on his left. Having a bad lon, Colonel Forayth fell back a few hundred yards to a little island 19 Dez creek, where the men began throwing up san breastworks with their hands, however, they could make any shelter, fully 600 warriors e them, and ‘killed all their horses and back a litte the Indian peared on the hill, ar song, dancing, clapping their encouraging the Ww: to e Indians evidently intended to make a Fort Phil Kearny affair of it and the moss akilful and determined fighting only prevented them from killing every man in Colonel Forsyth’s command. Colonel Forsyth fell at the first fire, re- ceiving a ball in the ment in leg, breaking it below knee. Two companies of Indian Dog soldiers presently advanced to the at- tack, supported by three hundred warriors, princi- ly Sioux and ‘Cheyennes. For two hours the tile raged with great fury, the Indians c! the little sand breastworks regestagiy. Would dash up on ponies, and having works suddenly throw themselves off on the und, fire and sneak away in the tall grass, Find- they could pot carry the works by ing, the hilis and ravines were filled with sharpshooters, and then Indians on horses would ride through the fort ima circle to attract the attention of the besieged, and as they raised up to fire, Indian sharpshooters would pick them off. By noon on the first day the Indian women changed their war song to waning for the dead, and one woman was heard exclaiming, “On, my child! my child!” The battle lasted all dey, Lientenant Beecher, Fifth United States infantry, being mor- tally wounded by a ball in the back and dying a few hours afterwards in great agony. Before he died he repeat begged to be shot and put out of his misery. hile attempting to dress the wound of Colonel Forsyth Dr. Moore received a shot in the head, fell and expired almost instantly. On the night of the 17th Colonel Forsyth sent out two scouts with directions to get through to Fort Wallace if ble and secure assistance, They found watoh- res on all the hills, but by crawling on their hands and knees and travelling only at night they on the flith day reached Fort Wallace, 110 miles distant. Gen- eral Sheridan ordered neither inoney nor horseflesh ‘to be spared in rescuing Colonel Forsyth and his men. Coionel Carpenter, Tenth United States cavalry, at once started with a company, and Colonel Bankhead set out with one hundred men from Wailace. General Bradley nor bimseif knew anythiug of the affair until the evening of the 25th, when a scout reached us, aud I immediately saddied Max's and Done’s com- ponies, Second United States cavairy, and started for the scene, fifty miles distant. At three o'clock this mo. Et Derg geen rome, ay was marchihg wi is mi for Foray’! t ten o'clock @ scout met us and tla us that Colonel Car- penter had reached Forsyth yesterday. ‘The attack was made on the 17th, and on the 18th, 19th, 20th and 2ist there was Oghting. Forsyth pad with him sixty men, ali scouts, hardy frontiersmen, who fe ar desperatelg, killing and wound! of the Indians, After the first day Colonel vl subsisted his men on horse meat. Colonel nter found them eating putrid meat, and in a térnible condition, the wounued having been eight days without food or medical attendance. To-day we are burying the dead and caring for the sick and wounded. Dead Indians lay within fifteen feet of the breastw: and the stench from their swollen and bloated bodies and the dead horses is terrible. Out of the sixty men in the fight Colonel Forsyth lost five killed and sixteen wounded. The bodies of decomposed to be re- doing well and will the hardest indian fight we have had for d reflects great credit on all en- gaged. Colonel Forsyth retained command of his pee all the time, lyimg on his back and givi ers. Fort Wallace, The Indians lost a Cheyenne and Sioux chief. The Sionx also lost their great medi- cine man, whose drum and shield were captured by Colonel Carpenter. bl bg = * ® _ JAS. S. BRISBIN. IMPORTANT MGLITARY ORDER. Reclamation of the Women and Children of the Navajo Indians from Slavery or Peonage im Territories Adjacent to Their Homes. GENERAL ORDERS—NO. 27. HBADQUAR! District oF New Mexico, Santa Fs, New Mexico, Sept. 22, 1868, } The following resolution and instructions of Lieu- tenant General Sherman are published for the in- formation and government of all concerned:— Jotot resolution io aids felleving froin oa rT sallaren of tue Navajo Indians Peoune™ Women and Be it resolved by the Senate and House of of the United Lieutenant y Btates of America in Congress “General W. T. Shorman be Sad. is heresy author {aed and requested to tse, the most ficient means bis judg, men: aim from peonage men cplidrea of Ube Navas Tndiane now beld in ‘slavery in the ter- fhe Navajo Indians have been conned. =" *" ‘Approved, July 97, 1868, HEADQUARTERS MILITARY DIVISION OF THR Missouri, Sr. Louis, Mo. Sept. 8, 1968, Brevet Major General G £ongg W. Gerry, Command. ing District of New Mexico (through M: General aa Commanding Department ef ue Mis- General :—The joint resolution of both Houses of approved July 27, 18968, embodied in Gene- ral jo. 69, from the Headquarters of the Army, Adjutant General’s office, under date of — 14, 1868, bas alré been sent you, and is herewith enclosed. this resolution I am to use the most eMcieut means my juagment will ve Jacent to their homes, and the reservation on which ‘the Navajo Indians have been confined. By the four- teenth amendment to the constitution of the United States no petson can be held a8 4 slave ip any part of the United States; but as the of this reso- lution is restricted to the ‘women children” of the Navajo Indians, I infer that the Navajo meu re- strained of their liberty, either as slaves or as peons, have Fall protection under s former law, and are construed as perfectly able to take care of them- selves without our assistance; but thyt the women and children so held as slaves, oF as peous, need the friendly assistance of the officers of gur governs ment. I am not lawyer enough to say how far the steps to carry ont this act of Congress, ap- proved by my “judgment” and executed by my military subordinates, should override the local laws and customs of New Mexico; but inas- much a8 New Mexico and Colorado are Territo- Ties of the United States, and Congress has the cram penne power to a on a rules and regul lous respect Territory or other pi of the United Rates, J infer that my power is suffi- cient, and that you may proceed to execute the in- structions set forth, and shouid resistance occur in may case consult the United Stutes District at hand, or report the case for my spe- OTe ton pies to the Navajoes the ret place conve) e Navajoes them- selves the substance of this ta and of our par- to execute it in tpposed 40 be held In bondage,’ pou may per. ren su} ry , r mit make ch and provide for it out of to sear we moneys held by you on account of the Navajo ion. In like manner if you know or learn of the where. abouts of such women or children, or if any officer of your command obtain such knowledge, you or they act in the nature of guardian w such women or till they make eiection to remain where they are or to Led their tribe, in which case you may provide for their removal out of the money beid by you as described, Ifany woman be married away from her tribe, she should be permitted to have free choice of ac- tion. If unmarried and beid as a servant, the om- ver should explain to her her rights under the law and leave her free to choose, satit himself that = Tecelves wages and understands her true posi- jon. » If children, male or female, under the nsual ages of manhood or womanhood, be held as slaves, peons or servants, they should be deal: with according to intelligence. If old enough to form a reasonable Fe) of their own interests, the: should be wed to choose their own course; but if too y or too obtuse the officer should himseif Judge of ir true airy their parents can be found and if claim Testitu- Uon of their children, sach restitation must be made without farther question. When children are held not ae slaves, peons or servants, but at school or in good families with whe usual care of other with reasonable cer- Ln | of being um; im their condition, the case take rom tte pe ~ persons in coampeat, mek o r su odild or children an eee. to educate and rear them to maturity, with the right then to rejoin their tribe if no inclined. In this case you should furnish the party or parties so holding the child or children a written permit to be sy 7 eng La hold 5 Teport the case to it Navajoes, that the Knowledge thereof may reach the parents and chiefs of the tribe aud their consent if uble obtained, It may be well for you to give publicity to this in New Mexico, in English and spanish, and to request ‘ail parties holding women cbildren su) to be of Navajo origin, to Cpe ate notice thereof to the nearest commanding officer, or to yourself, that the case may be at once examined into and decided. All expenses arising under this order yoo ,may oh: to the a] on of $200,000 for the bene- fit of the Navujoes, subject to your control, aniess the agent should consent to allow the expenses to come out of the appropriation of $150,000 for the re- moval of the Navajoes, which was clearly intended to cover the case, Should your better knowledge and judgment on the spot suggest any modification tm the foregotn; instructions please communicate the same to m my consideration, and after @ reasonable time re- port to me your acts under this letter that J may communicate the same to the Cot of the Untied. States. Iam, with respect, your okedient ser- ‘vant, W. T. SHERMAN, Lieutenant General. By command of Brevet Major General GETTY. Epwarp Hunter, First Lieutenant Tweiith in- fantry, Acting Assistant Adjotant General. The Paris Migaro reports the death of Connt Bobuto®, private coachman t the Bmperor of Rum - on wad very recently appoinied Copaselior of ene witness (Dr. Bogert on the Stand—He Testifies that He Was Present When Margaret Winkler was Ques- ened by the Prosecuting Counsel Outside of Court—Arrest of Margaret Winkler on the Charge of Larceny. ‘The eleventh day’s proceedings of the preliminary examination of thts peculiar case of alleged poison- ing before Justice Bogert, Nanuet, Rockland county, N, ¥., elicited testimony of material interest. In the Progress of the cross-examination of Margaret Wink- ler, the German domestic in the Gamble family, much was adduced that contradicted her testimony on the direct examination. While she was upon the stand her examination was temporarily suspended 1a order to give one Dr. R. Bogert, a nephew of Jus- tice Bogert, an opportunity to testify to the contents of a botide which he furnished the pros- ecution and was shown Margaret Winkler the pre- vious evening, which she recognized as looking like and smelling like the liquid given to Mra, Gamble by Mr. Gamble the Saturday preceding her death, The defence proved by Dr. Bogert that in the presence of himself, the court interpreter, Mr. Eichoff, and the counsel of the prosecution Margaret Winkler had been questioned about the contents of this same bottle before she testified to its alleged similarity un smell and color to the liquid she saw and assisted Mr. Gamble in giving the deceased woman, and this in contradistinction to Margaret Winkler’s testimony that neither before nor during her examit- nation had she ever said anything to any- body or anybody said anything to her, or in her hearing or in her presence, regarding the color or smell of the liquid drank, In addt- tion to her testimony, Margaret Winkler was the cause of some considerable excitement imme- diately after the adjournment of the court, as before she could leave the room after her examination had rested, constable Demorest, of New City, Rockland county, stepped up to her and arrested her on the charge of larceny, the execution of the warrant in his jon ing purposely stayed until she this possess) «should tell her story” for the prosecution before the Justice, Margaret's exit with the constable was the closing scene of the day. ‘There was on hand the usua) array of lawyers and during the day the same group of interested country people thronged the court room, the hallway and every available place either for hearing or seeing being occupied. CROBS-HXAMINATION OP apap WINKLER CON- ‘TIN' I heard the clock strike one as I entered Mrs. Gam- bie’s room on the Satu preceding her death; I did not do earthing in the kitchen that afternoon; I was up stairs; I did not get dinner that afternoon, | ot it in the forenoon; I don’t know the time; I only ‘now it was in the forenoon, as dinner is always got then; I have noticed other daya the hour the clock struck; don’t know t days. Q. Can you tell the time of any other event or cir- cumstance during that time by your having heard the clock strike? Objected to, Mr. Clinton—The ground on which we have a right to ask this que the ordinary ground taken in a cross-examinavion. We have a right to sift the evi- dence of the witness and to go into irrelevant and and rial matters for that purpose. It is usually the case where a witness comes upon the stand intending to commit perjury that she has learned the main facts by heart, and will tell them, and therefore it 1s perfectly proper to ask her about other events and circumstances with @ view to see whether her memory was wholly con- fined to particular facts, and is wholly vacant as to other facts of like importance and just us Well calculated to arrest her attention, Take it here. If, a8 we shall contend hereafter, this witness has deliberately intended to testify to that which is not true, from motives which I will not discuss now, then we have a perfect right to sift her evidence, by showing that, although she recollects here, to an hour and wa minute, whatever is now material to the prosecution, which, she says, she never before disclosed to a human being; yet if it follows that she paid no attention to the time of other events, which were just as much _ calculated to arrest her attention as this, it is a material argument to use in test her credibility. She recollecta the minute the ciock struck on bat occasion where it may further the interests of prosecution, but in regard to other events she can- Rot possess or exhibit any accuracy whatever. It ia always allowable to -sift the evidence of a witness under such circumstances, Objection overraled. Yes, I heard the hour strike the other day. Idon’t take sense out of that; about any other event at Gamble’s by that he files off her; Mr. Gamble gave her something to drink that looked red. At this jimoture Dr. R. D. Bogert, who had been in court from its 0) » arose and was walking to the door, when Mr. Clinton said, “Doctor, just one moment; I desire you to testify to the contents of that bottle you furnished the prosecution and that ‘was shown to Margaret Winkler last evening.” Dotor—“W ; my time is ous.?? Mr. Clinton (sotto vooe)—“This 1s the first time he haa been in a hurry since the case commenced.” The examination of tt Winkler was here suspended, and Dr. R. D. rt Was sworn. TESTIMONY OF DK. R. D. BOGERT. Q. (By Mr. Daily). What is your profession? A. ‘sician; reside in Orangetown, Rockland county, N. Y.; have been a practising physician since the 8th of March, 1861. Q. Look at that bottle and its contents and state what it contains? A. Laudanum—the tincture of —- the same; that ia the way we generally ex- ress it. MY Crows-examination—I was present when that bot- Ue with its contents were shown Margaret Winkler in the course of her evidence on Wednesday even- ing last; I heard her testify that the contents o! giass were given Mrs. Gamble by Mr. Gamble; 8 oe the bottle shown me with its contents is the game ehown her and it coutaims laudanum in the same quantity now as then; the bottie did not con- tain anything else but laudanu, or the tincture of opium. ry Was the bottle containing the laudanum shown to the witness, Margarct Winkler, furnished by you in the prosecution for the purpose of being shown to gaid witness’ A. Yes, sir. Q. Was the bottle contaii the landanum shown to the witness on the stand shown to her by you or in your presence before it was so shown to ber on the + A. Yes, air, in my nce. a hey the interpreter (Mr. Eichoff) present? A. ‘es, sir, Q@ Was the witness, Margaret Winkler, qnes- th the interpretor or any other person, in respect-to similarity in color or sineli between the contents of any drink said to have been given by Mr. Gambie to Mrs. Gamble on the Saturday afternoon death, and the contents of the bottle ? vinkler and the interpreter re he can assume that the ,, how vi the stand, ‘new whether Margaret Winkler was questioned or not about the bottic and its coutents; and secondly, that the defendants cannot go into their defence Until the prosecution is closed; and thirdly, that ‘they cannot contradict the witness (Margaret Wink- Jer), unless it be a material allegation, and the party cross-examn! upon an irrelevant issue must be fatisied with the answer and canuot afterwards adduce evidence to contradict her. Mr. Hoffman—Now if the Court please, there Ig nothing at ali in this objection. The witness (Dr, Bogert) us in & position t known whether the wit pees (Margaret Winkier) was questioned through the interpreter. I do not care in what Ii the questions were put, but if the witness (Dr. Bogert) was present, and if Mr. Dally, or any other person resenting the prosecution, asked the en ir. pichotty to put that question, he asked it in Pnglish, and the interpreter could understand it; and if the interpreter spoke tu the German to tue witness, and the Interpreter gave the answer of the witness in Engiish, [ sm | the Doctor ia suffcient'y intelligent to understand that, and from that Doctor can now know whether ahe ‘Was questioned or n Mr. Clinton—Now, the Court please, here ts a witness who testified yesterday in your Honor’s presence that never had she said a word to & a pees, ay reas rd nF her testi- apony, of any portion and respecting any por- tion of the te to whickt she testiti daring ber examination wntll she came upon the usa wituess, We have @ right to cross-e: ine her upor subject. This 18 not w mat. ter at all upom the part of the defence. The fact was brought out by tne prosecution that a certain liquid emelied like the contente of this bottle. If your Honor believes this witness spoke the truth when she sald she had not mentioned one word about her evidence till she came on the stand; if you believe that the coun: by intuition or inspl- ration, divined these facts asked as to the par- teular the tines they occurred to a minute and without any clue whatever, the witness having buried them i her own breast and never having breathed the subject to any person; tf you belleve that testimony, then {tis proper for us to put the question. {@m free tosay that ato certain facts our theory of this case is that the most wicked fay human being has rjury ever concocted b; Been spread out inthe evidence before your Honor. Suppose the defence as to this witness be that she comes Upon the stand to commit deliberate perjury, and if you beileve that the witness for a price or for any consideration, whether of rove: if otherwise, has come upon the stand and wilfully committed jury, the ruie of law ts, if she be such a witness, Pint you must discard her evidence sitogether. (Ob- sion overruled.» A. Mr. Richoff (the interpreter) asked her whether that medicine In the bottle shown to her looked like ‘and smelt ike that which Mr. Gamble gave to Mra. Gamble at half. five o'clock and her answer was “Yah, yah,” (Yes, yee"), and that was ail she sald Q At whore sn if you know, was this juestion put by Mr. Richoff (the interpreter) to her? . Mr. Daily's (counsel for prosecution). MARGARET WINELEN'S CROR-RXAMINATION REBUMED, Eidsenccy Tena ncoisn iy eres woen BE Nah langoage; | can't mention any ; when Mr, Gamble gave Mra, Vambie the four drinks on Satur: day before her death the giass wag full ev time; she drank each time all that the glass elas raid not taste it; J smelled tt, “but don’t recollect it no more;”” never saw any liquid like it before; the four drinks » Gamble took out of @ demijohn;, a goblet, ordinary tumbler and a wine glass were successively shown witness, and she recognized the latter, out of which Mrs. Gamble drank at that time; 1 don’t know how long it was between these drinks taken by Mrs. Gambie (wine glass with liquid, apparently whiskey, shown witness); ‘that does not look like the liquid Mrs. G. drank; it has not such a smell altogether; I did not smell any of the four drinks; “I had little taste of the fifth drink at wine glass; it was lass pone Mr. Gamble to wi Was sasiating ir. Gat to Mra, Gamble, and it was found to be about smelt beef tea; | don’t know what it is. Here tue defence rested th a8 above alluded to. THE DESTRUCTION OF ARICA. Interesting Particalars of the Earthquake— and Incidente=Statc- Its Commencement ments by an Eye-Witness. In the columns of the Henaup the fearful and, in- deed, overawing terrestrial convulsions on the Pacific coast of South America have already been fully described. But the reports to hand up to the latest publication were of general impressions and gen- eral effects only. An event of such magnitude, one which will retain 8 prominent place in the physical history of the world for centuries to come, :nust, in the very nature of things, have been accompanied by incidents not only of dramatic power, but also of heroic exertion and self-abnegation. The details of these weeks of suspense between life and death are yet to be written. The many harrowing circum. stances in which individuals were placed, the heart- rending manner in which they met with death, the many self-sacrificing efforts to rescue people from impending destruction, will undoubtedly fil many @ page of mstory and give food to the Always contributing im 80 far as it lies in the power of the press to tne sources of history and to a truthful account of the events of these tremendous visitations of nature on imaginative field of romance. the South American coast, the following experience of an eye-witness of the destruction of the city of Arica, in Peru, ts published from the statements as made by him at the HERALD office yesterday. It Will be recollected that the city of Arica was entirely destroyed—that mummies, who had been hid in the rocky cliffs for, probably, more than @ thousand years, were suddenly exhumed, or rather exposed to the eye, and that it was here where the two American vessels-of-war, the Wateree and the Fre- donia, cane to grief, and that a Peruvian iron-clad, the America, and a merchant vessel, the Chanar- sulla, were also lost, Arica was a seaport town of the republic of Peru—it is now no more—in the department of Moquehua, about 200 miles southeast of Arequipa, and its population was about 19,000 ‘The gentonian who gave us the information Arica for some time, and at the hour when the destructive convul- ne was day before, on the 12th of August last, he and several others when about midnight ich caused him and some other inmates of the same building to rush out into the lane in them night ciothes; but they were souls, had been the port gions of the earth’s surface on board of a veaselin the harbor, slept at their lodgings in tow! a slight commotion occured Ww! only laughed at for their foresight. On the following afternoon they were just finishing the harbor, when dinner on board of a vessel about twenty minutes past five o’clock in the after- noon immense clouds of dust Were seen at a distance of some ten miles south of Arica. This, of course, attracted’ attention as a matter of unusual occur- rence. The volume of clouded dust came nearer and nearer, and it was observed from the deck of the ves- sel, on which our informant took his stand, that sea was calm and the veasel was few minutes after it was obse! it was ment under the surface of the globe at that cular the and 700 ee the penraiin. are emg precipi one side of 3 to des Fa of from ten to twenty-five tons in weight began to move from their base and fell, ss the whole front view of that of the coast. At the same moment the town, ing in fall view of our informant on board of the vessel, commenced to cramble into ruina. The noise, the rumbling like the echoes of thunder, the explo- is, like that of fring a Lgl battery, are terrific and deafening, and the whole a6 far as it could be seen was Bovine ai iike’a wave, in the direction from south ‘nol Spot travelled at rate between miles an nee. Morro, @ Dor, it also soil of the country then it trembied and at last tt shook heavily, throwing into a heap of ruins two- thirds of all the houses of Arica. Men, wo- men and children ran into any open space near at hand, and their shrieks and screams could be heard distinctly on board of the shipping; even the Custom Honse, built of iron, stone and adobe, received a wide crack at this firstshock. Among the first houses which tumbled down into a heap of ruins was that of the Prussian Consul, Mr, Eulert, and that of Brown Brothers. Shock followed atter shock; on several places opeaings were becoming visible in the Grcne and sulphurous vapor issued from them. At his juncture a crowd of people Mocked to the mole, seeking the boats to take refuge on the vessela in the harbor. As yet the peipying im the harbor felis not ‘the least commotion from the disturbances on land. After the first shock there was a rest. No breeze could be felt, no ripple was seen on the waters, The Wateree the Fredonia sent their surgeons ashore to aseist the wounded. Between fifty and sixty of the people of the town had reached the mole by this time to take to the boats, But the surgeons had | hardly landed and but few of the others had entered the boats when the sea quietly receded from the shore, leaving the boats high and dry on the beach. The water had nut receded turther than the distance of extremely low tide wheu ail at once, on the whole levee of the barbur, it commenced to rise. | It appeared at Orat as if the ground of the shore was sinking, but the mole being carried away the peopic on the mole were seen Xi ; the little pagoda used 88 an Office for the captain of the ing, and the water still rose until ot y-lour feet above high water murk, and over- flowed the town and through the streets and threw down by the force of its weight what the earth- quake had left. And all this rise and overflow of the Waters took only abuut five minutes. ‘the water rushed back into the ocean more sud- denly than it had advanced upon the iand, and car- ried with it the Custom House and the residence of the English Consul. This awful spectacle of destruction by the receding food had hardly been reaiized when the sea rose again, and now the vessels in port began dragging. The water rose to the same height as ve- | ol back it brought not only the | fore, and on rushin, debris of a ruined city with it, put even a locomo- tive and tender and a train of four cars were seen carried away by the fearful force of the waves. | During this advance of the sea inland another ter- rifle shock, lasting about sa minutes, was felt the thunders of the earth and the storm of the waves surpassing ail conception of human endurance. At ‘this time all around tho city the dust formed into clouds and, obscuring the sky, made things on land quite invisible. Just now tie persons on shipboard fo the harbor believed themsvives to be in dan, and some expressed even the thought that the “day of judgment” had at last arrived. lt was now about six o'clock on the Lith of A' Just then parpie clouds arose Ww the northward, and this caused twi- light to come an hour eariter, aud everything looked dark and dim, ‘ Instead of the rising of the swell of the ocean. heretofore experienced, the waters now rusned in heavy curreats of great force and velocity, first to the north and then n to the south. The vessels dragged, ir anchors being of no bheip and affordi nO resist. ance to the current. The Wateree, while being thus carried on the top of the current, succeeded in om the shore tee Up Gve boatioads of fugitives hough many others who swaim about, some clinging to bureaus and other articles of household furniture, some to branches of trees and some to whole piots of sod and garden verdure, could not be assisted. By the current the vesgels had been carried several miles to the north of the town, when the cufrent suddenly ‘and as suddenly turned back to the ocean. was about half-past six P. M. aud the several ships were turned as if upon # pivot, and those of lighter draught were carried back again to the southward and westward with a force of the cur- Tent estimated to have been at the rate of from four- teen w aixteen knots an hour. The Fredonia, a United States sloop-of-war; the America, @ Peruvian and the Chana ja, & merchant vessel, re- mained on dry land, When the Wateree was carried out she — between them, they being ashore. For a while she was supposed to be lost, as she was drifting directly on the rocks outside; but good for- tune preserved her for a while yet. Allat once the current changed again towards the shore as quickly as it changed before, and the Wateree drifted again with the same force of propulsion to the and other vessels were passed ND moment, the waters seemed to sink, everything with them to the after the sea rose again America they were The America was about ‘steam ; displaced her bollers, ‘and the burting the ;? Mr. Gamble gave Mrs. Gambie five o'clock; he gave it to her in a fall; she drank it ali; I did not put the glass to my nose, it was right over (here the ut how near her nose was to the ive it x and a half inches); the smell was very offensive; I never eir cross-examination, and the court adjourned with the stipulation of the Prosecution that with four hours additional time they would close their case. ‘The defence will then bring forward their witnesses. Before Margaret Winkler could leave the court room she was arrested for larceny and taken to New City for examination, the ks of mountains in the chain of the Cordilleras to wave to and frolike reeds in a storm. There could have been no optical delusion about it, for the tly quiet, A that froin moun- rt Was Riso flowt- | it reached a height it, | even! be tris Clarendon, of New York, v8. Nameless, at Peeks 80 were the Fredonia and America, when, though only for a cane almoat But & second &nd continged its current When the Leg A bg Mee al = on their sides their spars and masts came down with a tumble. je concussion cols rol out and Lod TT Tbs Wo. 204, 283, 394, 38, 291, 838, 346, 347, ig all this time nucvessive 50, 360 Sth, WI, 40 S47, of and some of 5 shorter duration, conld be felt and heard. Ry thi current the Wateree was carried between three and four miles to the northwest of the late town of Arica; the America was within haifa mile of the Wateree; the Fredonia was left about one mile an’ a it nearer to town, and the Chanarsilia between America and the Wateree, but further to the north, and all were on dry land when the waters receded. For a while everfthing remained quiet. 4 long line of light was obwerved Out to sea, and it w thought that tt was a sign of clearing up. This belie lasted only a moment, for the thandering approach ef a heavy sea bore was soon noticed, and ® minute afterwards a sea wali of perpendicular hetght, te the extent of from forty-two to forty-five fect, was seen. approaching, capped on the top with a fringe of bright, glistening foaim, which been mistaken for the dawn of quiet. This bore of the sea struck the Fredonia firat, the Chanarsilla next, then the Ameri- a, with auch force that these vessels were rolled over like tops and they were almost broken up! into fragments, The force of this watery torment may be judged from the fact that the screw of the America, weighing two tons, and the heavy compo- aition stern posts were broken off and neither of them were seen any more. ‘The Waterce waa also pede nd ona Pyd cred bog and storerooms on 4 ‘ompietely taken away in a second a time, The Wateree vowed rd enough to foat and nguted again. Four more waves or bores came ufter this, but were neither of such force nor 30 heavy as the first. After the second wave nothing was seen of the other vessels for atime, But once the America halled the Waterea for assistance to save the officers and crew, when another wave came and the America, lying on the side, with her deck to the sea, it swept cd a large number of the persons on board, of whom twenty men and a few officers were picked up by the Wateree, The Fredonia was ail broken up and in the morning nothing but foating timber could be seen of her. Two men of the Fredonia had lashed themselves to the stem, and at dawn the stem was seon Sly sxcuncedt in @ perpendicular position on the beach, two men alive and still bound to it, They were taken off and brought to this city, where they are now well cared for. As instances of the force of the current rusning upon the shores, our informa’g stated that the heavy columbiads mounted on the baNgry of San José, about two miles north or Arica, we@ washed away and carried a distance of from five t# aix hundred yards; the heavy iron columns of the Custom House at Arica, about two tons in weight, were strewn about ie adistance of thousand yards from the uilding. Other interesting details were also told bist-ger same gentieman. Atone place of the coast the sloping mound of earth was washed away by the current to the extent of about 100 feet, ing bare the almost | pel erriged side of a rock, into which had been ewn niches, and in each niche was found a well pre- served Peruvian mummy, one of which has been joer te to this country to be added to the colleation of curiosities in the Smithsonian Iustitution at Wash- ington. A Madame Alleo left Arica the morning of the earthquake on horseback and was overtaken on the road by the first shock. The gonna ora be- neath her, the horse sinking and burying her up to the hip. The looge sand of the soll saved her, and bf lve hours later she was rescued without ray fy the sister of Dr. Billinghurst, of Iquique, was in alto, or we balcony, in the upj part of eg d with the doctor's two ohildren. The lower part, built of stone and adobe, was carried away by the water, while the wooden structure floated out te the sea, when, two days after, they were picked up by a steamer of the British Pacific Navigation Oom- pany, fifty miles from shore. The doctor and the Test of his family all perished. From the 13th to the 19th the shocks continued with comparative short intermissions, and their re- currence ually lesgened, and when our informant left the site of Arica, on the 29th of August, none were felt on that ng ‘The survivors of the inhabit- ants Cp ee lived on the hills i by thet present @ picturesyue appearance, ng calicoes of ‘ai shades and patterns, of blankets, old skirts and the like. The stench from decomposed human and animal remains was almost insufferable; and @ number had been burned, and onjy 420 were buried up to the date left. A disposition being manl- fested by some of the natives to rob and plunder, Captain Gillis, of the Wateree, offered to protect the property, and on the 14th of August he even or- dered to have two or three shots fired at the robbers; but the prefect of tne district declined to accept bis assistance, and after that the natives came from the tne with long trains of mules to carry off the plunder. NEW JERSEY. Jorsey City. MriTaRY Feertvities.—The City Guard, a com- pany of the Fourth regiment New Jersey Rifle Corps, will give a grand ball on Wednesday evening at the new skating rink, corner of Montgomery and Hens Gerson streets. All the officers of the Seventh and ‘Twenty-second New York regimenta, besides several other officers from Brooklyn, have been invited on behalf of the Gyn | by Captain H. G. Shaw. The affair promises to be the most brilliant social gather- ing of the season. Communipaw. Tae Srock YaRps.—During the past week 224 cars arrived at the stock yards, containing 1,521 cat- tle, 12,989 hogs, 3,804 sheep and 95 horses. There were slaughtered during the week 396 cattle, 13,010 hoga and 6,530 sheep. Hoboken. THE IntsH REPUBLICANS held @ meeting at Oda Fellows’ Hall on Satarday night, which was addressed by General Denis F. Burke, Captain Eugene O'Shea, Charles B, St. Clair and Daniel R. Lyddy. Several po sole made to break up the meeting by an organ! men. A sq of police sent by Captain Donovan squelched every attempt at violence, and removed » few of the uproarious individuals from the hall. The niceting was held under the auspices of the Graut and Colfax Club, of which Captain Hart is president, and Mr. John Reid was appointed chairu Two other meetings will be held by the Irisu rep within the ensuing three weeks. Paterson. PREDBSTRIANISM.—George Topley, the champion walker of England, will undertake the ‘eat of wulk- ing seven and one-half miles in one hour, to-morrow afternoon, on Paterson race track, commencing at four o'clock. Fire.—Quite a large fire broke out about eight o’clock last evening im the mountains west of Pater- son. The,Fire Department of the latter place turned out, but returned home again upon discovering ite great distance. Passaic County Courts.—In the quarter sessions the following persons were sentenced yesterday :— James Weathermark,§ grand larceny, to serve one ear and six months in the State Prison; Jeremiah ‘torms was fined $20 and costs for violation of the Excise law; Patrick Car, fined $5 and costs for aasault and battery; Jonn Huntermark, Oned $6 end custe for the same offence. Newark. ‘TRINITY CHoRCH.—After being closed for the past three months, during which time workmen have been engaged in effecting a thorough interior reno- vating and cleansing, this fine old edifice was re- opeued Ranson og for divine worship. Though sot qutie completed the repairs and painting heave greatly enhanced the appearance of the edilice Inside. SHMI-ANNCAL Meeting or THR Baptist Orry Misston.—The semi-annual meeting of the Baptisc City Mission Board, was heid yesterday @fternoon, in the Firet Baptist church, in Academy street. Mr. D. M. Wilson, of the Fifth church, presided and Mr. Henry Burnet acted as secretary. The Treasurers report showed that $2,500 had been coliected daring the past sx months and that the floarishing coudition. Addresses were made by Mr. D. Q. Whitmen, Cornelius. Weish, Rev. Mr. Hnssel- horn and Rev. Mr. Biegfried, of the Fairmont Bap- tist church, THE NATIONAL GAME, Base Ball Notes. ‘The Empire Club of New York and the Phenix Club of Brooklyn have applied for admission to the btate Association. The champion ‘whip’? which the Atlaniics re- ceived from their ledy friends some seasons aga and which has been laid away since the game with he Unions last season, will Gung to the breeze oon. this afternoon. . ‘The Committee on Rulea of the National Assovia- tion should commence their work early this season and make the rales complete. Ld Lively proceedings ure promised for Weanesday y Shen the Belton-Mutual-Dudy-Active will by the Judiciary Commiitee, “Hurrab, for our National Game” takes well. Matches to Come Of. To-day—Mutual vs. Atlantic, at the Cnion To-morrow— Alaska vs. Eckford; Union grounds. Wednesday—Mutual vs. Aiuletic, of Philadelpuia, grounds, at the Union —, Thursday—Mutual vs. Union, at Tremont. Empire va. Gotham. Alaska va, Koss, at Harlem, Saturday—Mutual vs. Active; Union grounds. COURT CALENDARS—THIS DAY. COURT OF APPRALS.—Nos, 274, 279, 280, 281, 282, 280, 290, 201,'202. ¥ —Part 1—Nos. 5317, i, 1261, 987, 1951, 1161, 1149, 20% 1277, 1208, 1301, 106, 1271, 451, 1266, 1818. ' Part 1. Nos. 1368, 1610, 1372, 1424, 936°, 685, 976, 650, 1uS4, 340, 250, 1026, 1028, 1624,'1060, 1076, ‘Loss, ® COURT—SPECIAL TERM.—NOS. 30, 42, 49, 116, 84, 195, 186, 197, 18, 199, 140, 141, 140, L4dy 145, 146, 148, 149, 971, 1297, 57, i 161. SUPREME COUNT—CHAMBERS,—Nos, 13, 92, 95, 97, 116, 127, 191%, 124, 138, 140, 148, 144, 146, 181, 189, , 191%, 198, 199, Call, 202. 5 SurrRion Count—Triat TenM.—Part L—Ade Jogrned to third Headey. Part L1,—Noa, 324, 40, 53, * 878, 380, 382, UA4, 196, 388, 902, 394, 396, |ARINE DoURT--TRIAL TRRM.— Now. o 825, 327, 5 My 361, 350, 860, 361, 350, ! mm 8T1, 372, SIDI.