The New York Herald Newspaper, April 2, 1869, Page 4

4 SOUTH AMERICA. Rejection of the Cushing Treaty in Bogota. AFFAIRS ON THE WEST COAST. The mail steamer Alaska, Captain Gray, arrived yesterday from Aspinwall, with dates to the 24th ult, Our correspondence given below contains full de- tails of the interesting news by this mail, ‘The Alaska brings the following list of treasure:— wate 81,106 60,000 12,500 416 330 8,000 6,780 COLOMBIA. The Colombian Congress Rejects the Cushing Canal Treaty—Satisfaction og the Isthmus— Hopes of Independence—Trouble at Bogo- ta—News from the Isthmus—Case ef Vice if PanaMa, March 2, 1869. As anticipated in my previous letter the Senate ‘at Bogota hastrejected the Isthmus Canal treaty by an immense majority, having been urged to do so by the Senate committee appointed to report thereon, & translation of which report I enclose, by which it ‘Will be seen that the burden of their song is that the United States of America does not pay enough tw the present government of Colombia for the privi- legea stated in the treaty. The mails left Bogota on the 2d inst. and the treaty was rejected late on the ‘1st, so that there has been little time for the com- ments of the press on the subject; but what Little has appeared is in the highest degree approbatory of the course pursued by the Senate. @ On the isthmus, too, the intelligence has been well received; for unprejudiced and right thinking people eee in” the rejection of the treaty the first step towards the freeing of the isthmus from the oppres- sion of national rule, which for years past has been bleeding it of every resource it possesses, and which would have, by recognizing this treaty, swallowed up the last chance of this State ever gaining its inde- pendence or ever advancing a step in modern pro- gress. That the canal will be built and the work speedily commenced is the earnest wish of every resident here, and that it must be done, whether the national government wills it or not, is their determination, so far as they have the power of in the matter, Cut off as they are from the seat of government by ® journey of three weeks, and with no mutual ties to bind the State and the nation together, with no natural saguroen from ders tie derive @ revenue except its geographical position, which the nation monopolizes, and with no actual income except what 1s wrung from foreign tom- byhee it ts not strange that the isthmus should seek its independence, and tnus add to its Treasury the $250,000 annually paid now to the nation by the rail- Toad company, and at the same time reap directly whatever advantages may hereafter accrue from the opening of the canai, and thus at once piace itself not only above poverty but in circumstances of ac- fore, if before very long you are informed that a tual comparative wealth. Do not be surprised, there- strenuous effort is on foot to accomplish this ggeat end, and that the protection of the United States has sought to enabie the People to sustain themselves in their independence. Either this must be done or some foreign Power must také forcible possession here and do for the country what the present government is neither able nor will- to do. There is in* my mind little doubt that British and French infuence has had a ree dea! to do with tuis treaty being rejected, and my surmise is correct it behooves the United States to act promptly in whatever coarse they intend to ursue and not allow themselves to be hoodwinked y Bogota dipiomatists. The Isthmus is ready to- morrow to grant a concession for buildiag a canal acroas this State, and veing, as it is in the fullest sense of tpe word, a sovereign State, it seems hard that it should not have the mght of way across its own territory as much as any other State in the con- eration, but wich right is held back from it by the national government, on what just grounds has never been explained. Should Mosquera succeed in again getting into power oue of his first acts would undoubtedly be to enter into negotiations with France or Great Britain to build the canal. His Pn eg ved Tun that way, and he is-no lover of any- that is American. His chances of recall are mining strength daily, and if he gets back tho Jnited States will stand a poor chance of realizin; the great scheme on which the eyes of the worl are set and which must be looked upon as the greatest work ever undertaken in any age. Matters are far from being settied at Bogota, though @ temporary peace reigns. A proposition 1s likely to be brought forward in the Senate to impeach the President of the Union, and if once presented will Probabiy be successiul. The op tion press is ‘urging the entire breaking up of the Union and ad- vising each State to seek its own individual inde- ndence; and so things goon. The Treasury seems ankrupt, and the expenses of the coming year are now ulated to be about $500,000 In advance of the Income, with no prospect of the deticit being met, and @ strong electioneering war is not likely to Feduce that deficit. In this State we are perfectly quiet at present, being kept so by a force of 300 national and 400 State troops constantly under arms. The Presi- dent left on Monday for a tour through the de) ents, which will cost the State a Snug littie penny, may not result in much good except to a certain political clique. Smallpox, | regret to say, 18 on the increase, and nothing is being done to stop Its ravages. No Uist of deaths is kept, but | am reliably assured that there were upwards of twenty interments on the Zist. Hitherto the deaths have been averaging about six daily. We lave no sanitary laws of any kind in force here, and people do just as they please; go we cannotexpect anything bat a sp of the The attempt of tae government to sell the ice Monopoly was @ grand failure; not a bid was made; sothe Boston Ice Company still remain in undis- puted possession of their bosiness. You have already been informed that the United States steamer Tuscarora, Commander Queen, had ‘Deen despatched to Buenaventura to inquire into the Outrage perpetrated on Vice Consui Eder. ‘That ves- sel spent eighteen days in that port, during which ‘me Mr. Eder came down from the interior and in- formed C: that the subject had been taken = cao —y ‘States nd a, and thet ‘Satistied ampie satisfaction wonid be @iven by the Colofabian autorities. and CENTRAL AMERICA. jwake tn Salvador—Honduras Railroad—Affairs in Nicaragaa and Costa Rica. PANAMA, March 24, 1869, The Panama Railroad Company's steamer Guate- mala arrived at Panama on the 18th instant from Central America. An unusually large number of ‘hips were seeking cargo at the different porta, and 4t is thought the bulk of this year’s crop will go to Europe round Cape Horn instead of across the isthmus. In Guatemala the different departments have ex- Pressed themselves entirely satisfied with the re- election of President Cerna. The Jesuits have a very powerfal hold on the government of that re- public and its neighbor Salvador at present. The epidemic which I reported in a previous letter has done a good deal of mischief on the Pacific slo} Dut has not extended into the interior beyon: Escueritia, The authorities of Guatemala have taken every precaution to check the fever, and have toa great extent been successiul. On the 25th of February the Legislature of Salva- Gor closed its session, ng first ratifed an extra- cition treaty with Italy and @ treaty of amity and commerce with the neighboring State of Nicaragua. A severe shock of earthquake was felt at the capi- tal of Salvador on the Ist inst., causing considerabie alarm. The volcano of Izaico, near Sonsonate, was unusually violent in the noise it emitted. The President of Honduras has issued instructions to the Governors of the departments to send la- borers in large numbers to Omoa to commence work on the railroad, for which they will be paid at the rate of fifty ceuts per day and fed. President Guzman, of Nicaragua, had refused to allow any investigation into the attempt made to poison him sore time since or towards the discovery of the criminal. ‘The Nicarag Congress has a decree that £4 s00n as the state of tue Treasury will permit it @ contract shall be made with the Panama Railroad comp to have the Central American steamers touch at San Juan del Sur. The same body has authorized the raising of @ loan of $100,000 to put oe port of San Juan in good navigable omer. ‘The coffee crop of Costa Rica is about 150,000 4 ‘tals in ali, and will sell low. as government has abolished the tobacco mono- pol ‘The President has iasued &@ decree, calling all ‘voters to attend the election for President on the ist of May. To bea voter it is required to be twenty- one years of age, to be able to read and write, to bea resident of the province where he votes, to be a pro- ty owner of not lesa than $600, or to have an am Bua income of $200, Tle following persons cannot NEW YORK: HERALD, FRIDAY, Sarees eee ees tee, governors, priests, of police aor the mili- PERU. The Coolie Trade—Diplematic Questioe—Yol- low Fever—ERailway Progress. Lima, March 14, 1869. About a year ago tt was reported in the newspapers of Lima that forty-eight coolies belonging to s rich planter in the North had been branded, like cattle, with a hot iron to prevent the possibility of their escaping from the estate. The news caused a great deal of indignation ana some exoitement in this city; but the papers speedily published a statement from the party acoused, denying the charge and giving Proofs of its falsity, Although in this particular instance the cruelty to the Chinese did not take place, yetso many well known cases of barbarous treatment to this unfortunate class of laborers were to be cited that the Consul of Portugal in Peru oMfictally intormed the Governor of Macao of the incidents, leaving it to the judgment of this personage to take the steps necessary ih tne premises, Action has been taken, and a despatch from the Governor was recently pub- shed transcriping a decree by which all emigration of coolies from Macao to any port in Pera is ahso- lutely forbidden. This has caused very general con- sternation among farmers and planters, as it is per- fectly impoasible to procure other labor than that of the coolies, the Indians and negroes of the country only laboring for a month or two in the year in order to gain sufficient money to supply themselves with tobacco and aguadiente for the remaining period. ‘Twat this suspension of coolie immigration will be & benefit to Peru cannot be doubted, but the good effects will not be visible for some time to come. Deprived of this means of cultivating their vast estates and preparing the products for market, the Planters will be driven to employ the innumerable mechanical auxiliaries now w! their reach, ana thus the of the country will be materially ine! ice every link of that iron chain of im- provement binds Peru more strongly to the line of advancement jon im civilization and weaith, In the ab- sence of these aids to labor Peru has been singularly unfortunate. The rich agriculturisia have found the introduction of machinery wo be enormously expen- sive, not only from the prime oe and the heav: of the general use of machinery 1s greatly attention will be given to the subject, and it will be the aim of the founderies established in Lima not only to manufacture the machine but to educate Pears im those branches of knowledge necessary pI * rogress. A diplomajic question that has already arisen sev- eral times between the United States and different European Powers, has recently been warmly dis- ussed and finally decided here. An Italian bark, anchored in the of Callao, was the scene of a dis- turbance between some of the sailors Delong: to her, and the Captain of the Port deemed it mis duty to go on board and arrest the offender, the mate, who in the scuffle had killed his antagonist. The Chi italy Imad say ponent against the action of the Captain of the Port, basing his com- plaint on the generally notion that unless the public order of the port be disturbed any troubie occurring on board of a foreign vessel anchored tn the port must be decided by the consuls of the na- tion to which the ship belongs. The matter was re- ferred to the Attorney General Ureta, who delivered @ very fougy opinion, stating that Peruvian authori- ties most decidedly had the right to act in the man- ner adopted by the Port Captain; but the Minister of Foreign affairs, in a remarkably well written note, completely refutes this ground, and concedes to the Italian representative the right demanded. e Sanitary condition of Litha and Callao is very satisfactory, but we receive the most discouragin, accounts from the South. In Tacna, the city ot which Arica is the port, the yellow fever is decimat- ing the population, and as is usual here, the first fugitives from the city were the apothecaries and some of the physicians. The number of deaths per day amounts to forty, which, taking into consideration the fact that the population of the city is ouly 15,000, clearly demonstrates the malignant nature of the epidemic. From other portions of the South we also hear sad tates of pestilence and disorder. Arequipa has been the scene of several attempts at revolt, for- tunately suppressed by the energetic prefect, but discontent apparently exists with the government in that quarter, The state of complece ruin existing there and the want of capital to rebulid and re-estav- lush the former order of things, naturally create a spirit of dissatisfaction and depression which seeks the equally natural Peruvian outlet of resistance to the government. Still the condition of the public heaith is far more important, and already a well or- ganized staif of medical men has been despatciued to relieve the suffering people. An expedition under tne direction of Mr. John W. Nystrom, formerly in the United States navy, left Lima last week for the purpose of thoroughly ex- ploring the country around the Peruvian headwaters of the Amazon. The party comprised many persons capable of making satisfactory reports, simost every desirable branch, and from the importance of the undertaking and the ability of Mr. Nystrom great Interest 13 felt in the result. The survey of the railway to connect Lima with Jauli, a town on the river Chanchamayo, the branch of the Amazon nearest to this capitai, has all been completed, and within a few days the govern- ment will call for bids for the work. Ratiroads are projected in all airections, and it cannot be denied that President Balta has shown the most indefatiga- ble activity in promoting this as well as every other species of public works. The Arequipa line, under the Gfrection of Mr. Meiggs. is progressing rapidiy, and the rails already arrived from Eng.and will be laid immediately. Tne road from Lima to Huacho, 100 miles distant, ts also approaching completion, and, in short, great progress is observed in ull mat- ters tending to the material improvement of the re- public. BOLIVIA. The New* Ministry—Contract for ¢unno Workings. Lima, March 14, 1869, We learn that the assumption of dictatorial power by General Melgarejo was attended with no dis- turbance whatever. The news of the terrible effects of the yellow fever at Cobija, Islay, Arica and Tacna had alarmed the people of the interior beyond measure, and active pre, tions were being made to avoid the approach of the unwelcome visitor. The following Mumistry bad been named by Mel- la the. Department of the Interior and Foreign Affairs, Mariano Donato Munoz, the same who has always been the chief councillor of the General; for Pup- War, General Gonzalo Lanza; for Justice and lic Instruction, Dr. Manuel’Jos¢ Rivera; of the ‘Treasury Don Manuel de !a Lastra, and of religion and industrial works Don Mariano Montero, for- merly Consul of Boliviain Tacna. There are capital elements in these appointments, and with peace the ountry will progress rapidly. ° Mr. ease agent, Don Husedio Lillo, had suc- in celebrating ® contract with the coeded =. ment for the further working ot the guano deposita of Mefjiliones. These Re ay are the joint property of Chile and Bolivia, but the sanction of the former to the contract is obtained. Thi 10 question is worth about or $37, gold, wi that 35 tee te the United Led Le heed to oghend e latter, however, is gradually disap » bul the Mejiliones are almost inexhaustibie. oT CHILE. Political SituationAgricultaral Exhibitiou— Destractive Fire—The Lose of the San- tiage—The Indian War. VALPARAISO, March 3, 1969. The political excitement that reigned so generally in Chile a few months since has almost entirely ais- appeared. The conciliatory movements of the Pre sident, and the acquiescence of the government party to the will of the people, especially in the case of the Impeachment of the Supreme Court, have gone far towards restoring a feeling of confidence in and satisfaction with the administration. A convention is now spoken of, to be composed of the best men of the country, which will meet in 1870, to remodel the existing constitution, and more especially give attention to the subject always before the peopie—electoral reform. The constitution of Chile is now thirty-seven years old-—an almost unprecedented fact in the an- nals of the South American republics; yet there are several defects th it which can easily and peaceably ve ged. Now that the warm season is ending the President and his Cabinet, who have been go- journing in Valparaiso during the heated term, are about returning to Santiago, and on their arrival there the extra session of Congress will be called. In this session the subject of electoral reform will also be fully discussed. Extensive preparations are being made for the opening of the Agricultural Exhibition in April next. Quite a number of foreign houses have sent spect- mens of their manufactures, and from the stores on hand in the country the most important objects are already in the show rooms of the Exposition. Chile is certainly advancing steadily, but more especially in agriculture. Her sister republics coulda do the same were they only blessed with peace and the means of replenishing epee treasury. Another of those ei nae ve fires so common In this city took it. The con: ry commenced in use Messrs. Alsop & Co.. Situated in the calle de Cochrane, and notwithstand- ing the upremitting efforts of the firemen, destroyed early all the houses in that street, tometer with > ee ai 4 a i # fe : ii Fy iu #83 | E i H a i 4 H i 4 ] gg E Ze, 3 f dl Ha : ah a E i Fi SE, Baie | Hi gE 35 BS Ef 5 ie 4 7 5 Bee ol i B i z ice rapidly inoreasing com: the two countries and the large subjects domiciled here. The Chilean col rr, turned to the frontier, after baving successful DY dominions of the warlike campment and after a severe encounter, in which he lost 160 men, ret bringiug 200 prisoners 4 reported that the noted and Sta castle Se bOOee, It Quillapan, the chief ‘the nation, was 3180 captured. This, however, lacks confirmation, This fortunate raid will doubtless have re ea of quiet- ing the er for atime, and give tile government an opportunity, by strengthening the frontier posts, to more efficiently defend the numerous settlements of whites in that quarter; and the live stock cap- tured by Commander Bulnes will gladden the hearts of those unfortunates who have been robbed of everything by the insatiable Indians. General Sheridan’s remark, that the burning and destruction of an Indian village was one of the most effective blows to be given to the savages has been pat in execution by Commander Bulnes. One severely handled that its leader, seeking the general of the national troops, very humbly be; to be considered no longer as an enemy, but as a faithful friend. This coming from the heretofore undauntea Araucaniaas, is @ proof that Sheridan’s idea was quite correct, since, from his example, the Chilean oiticer has so well succeeded in his enterprise. REAL, THE MURDERER. The Execution Set Down for To-Day Post- poned Indefinitely—Writ of Error and Stay of Execution Granted by Judge Suther- tand—Premature Preparations at the City Prison for the Final Scene. Yesterday morning a large audience was in attend- ance at the Supreme Court, Chambers, located in the brown stone building in the City Hall Park, awaiting the announcement of the decision of Mr. Justice Sutherland on the application fof a writ of error and stay of proceedings in the case of John Real. On the 9th of February last, at midnight, the prisoner was sentenced by Judge Barnard, at the Court of Oyer and Terminer, to be hanged on the second day of April (to-day), between the hours of nine and eleven in the morning. The crime with which the prisoner was charged, and of which the jury found him guilty, was the killing of oiflcer John Smedick, of the Twenty-first precinct, Metropolitan Police. It will be remembered that Reai was concealed near a coal box on the corner of First avenue and Thirty- second street, on the night of July 23, 18968, and as the officer passed the prisoner stepped forward and shot him dead, then fired a second shot at his falling victim, which would have proved fatal if the first had not, end fled up Thirty-second street, He was intercepted by oficer James Mee and directed him to stand aside or he would shoot him also. Tne officer pursued and captured him, and the prisoner atthe station house and on his way thither gave vent to the most extravagant expressions of satis- faction at having achieved the revenge he desired. On Monday last the argument for the stay took place before Judge Sutheriand, Judge Peckham, of Albany, and Gunning S. Bedford, Jr., City Judge, sitting as advisory associates, Ex-Juage Stuart ap- peared for the prisoner, and District Attorney Gar- vin, who conducted the prosecution, appeared for the people in opposition to the application. Yesterday morning, shortiy alter taking his seat on the bench, Judge Sutherland rendered the follow- iny n/ DECISION AND OPINION. Inthe Matter of the Application of John Real for the Allowance of a Writ of Error with a Stay of Proceedings.—The evidence of Henry Real, a wit- ness called and sworn on behalf of the prisoner, was certainly material. On his cross-examination he was asked by the District Atvorney this question, “Have you ever been arrested in New York?’ His answer was, “I have, sir.” He was then asked, “Do you remember what for?’ This question was objected to by the counsel for the prisoner, and appears not to have been answered. ‘The District Attorney then asked this juestion, “Have you ever been in the Peuiteauary ?” this question was objected to by the counsel tor the prisouer. Tue Court then told the witness that he heed not answer the question if he did not want to, The witness then answered, *‘I will tell the truth; I was im the Penitentiary.” The District Attorney then asked, “How long there?’ The witness an- swered, “Four months; munocent of the crime, too.” Asking the witness whether be had been in the Penitentiary Was supstantially tn effect asking him if he had been convicted of a@ criminal offence and sentenced to the Penitentiary. An an- swer to the question involved an admission or denial by the witness of such conviction and sen- tence. Newcomb vs. Grenwold, 24, N. Y, R. 208; The People vs. Herrick, 13 Join, K., 82; The King vs. The Inhabitants of Castell Carcinion, 8 Fast. 77, and other cases which might be referred to tend to show that the prisoner had a right vo insist that the conviction of the witness of the Penitentiary offence, if proved atali, be proved by the record of conviction; that the witness could not be asked whether he had been and sentenced to the Penitentiary, although he did not object that even on the cross-examination of the witness the conviction of the witness of crime could not be proved by way of impeachment, by his own admission and consent, if the prisoner neg to such proof. I cannot say, thereiore, that there 1s not reasonable grounds for thinking that the Court may have erred in permit- ting, objection by the prisoner's counsel, the Witness to auswer the question whether he had been im the Penitentiary, although the witness was willing to answer it. I cangot say that this question is so free from egal that it Is aoe the prisoner should have an opportunity of present- it to the General Term for decision. Again, con- sidering the evidence of the witness Real on his di- rect examination, which tended to show, if credited, that there was a clinch and a struggle between the prisoner and the deceased before any shot was fired or any report of a pistol heard, I cannot say that the Court was so clearly right in overral the offer of the prisoner's counsel to show that the de- ceased had on several occasions prior to the killing beaten and bruised the prisoner to the peril of his life and had made threats of violence agatust him, and that those threats had come to the knowi- edge of the prisoner; that 1 ia unreasonable that the prisoner should have tne opportunity of presenting also «© question as to the Ca gy of this evidence for the decision of the General Term. Without adverting to other points or junds of error urged by the prisoner’s counsel, 1 think tt ts my duty, under the circumstances, to allow the writ of error and direct that the same shall operate as a stay of proceedings until the opinion of jadgment of the General Term can be had upon the case. I need not say that I have hot come to this conclusion Without @ most careful examination of the bill of exceptions and of the questions presented by it. But perhaps I should say that this conclusion has not been arrived at without consultation with the learned judges who so kindly sat with me when the application was argued. USELESS PREPARATIONS. AS soon as it was known that the decision of the Court was in fayor of the application, the groups of men who had loitered around the vestibule of the court dispersed, Shortly afterwards Under Sherif Stephens and Captain Coulter, warden of the Tombs Prison, comraunicated to the condemned man the fact that the stay had been granted, Instructions Were also simultancously conveyed to the carpenters, who were erecting the scaflold in the southwest cor- ner of pod sng) yard, to quit their repulsive task. The scaffold had been erected by three men sent there fur the purpose, and everything was in readi- hess for the death scene or neariy so. Doors of the convicted different prisons bad been locked and no prisoners “" an a. fo ie scaffold consisted of five upri; from four- teen to sixteen fect in length, ant pod half dozen braces, pullers fogs, &c., painted light a and had been used in the execution of several criminals already. The scaffold was taken apart and con- veyed back to the carpenter.shop, the regular piace for ate Kp ‘The strictest watch has been kept upon Real the Jast week; two under sheriff have been sitting in front of his cell (No. 4), the k ira stop- ping until seven o'clock, instead of lea’ at six, he usual hour. A large number of Real's friends were permitted to visit the prisoner yesterday morn- ing and congratulated him on the oraer received. Real expresses his gratitude in the stron, atay of tis s very becoming and proper man: for the ings. Reai seeined to have given up ail ho} antay ae would be granted in £ and so been carefully preparing himself Yesterday morni he partook of th ent of the Holy Commuion aad asteuded ites tar neo ‘APRIL 2, 1869.—TRIPLS | SHEET. | z lan ese Central Police Ofte ‘afternoon no oficial Keaneay Was it cngeratood that che matter would . ‘as Lrrrus Rook, Ark., March 25, 1869. “To be hanged by the neck until dead.” This sen- tence was effectively carried out to-day in the case of one Major Tatum, who was found guilty of the murder of Rev. J. H. Merrill, a quiet and peaceful citizen of Conway county, Ark. FACTS OF THE CASE. On Sunday morning, the 3ist of January last, the body of the murdered man was found by the road- Bide, about lx miles from Little Rock. Wuvrd was immediately sent to the city and Coroner Jacobi and Sheriff Oliver and Captain Vance, of the city police, immediately repaired to the spot: where the murder was committed. An inquest was held and the jury adjourned to meet in Little Rock to hear further evidence before they rendered their verdict. The body was brought to the city and a courter despatched to inform the friends of the deceased of the sad occurrence. The murdered man, Rev. J. H. Merrill, resided near Pa- lorme creek, in Conway county, and had been in Little Rock two or three days. He was recognized nd spoken to while going to and returning from the city. He was killed about four o’clock Sunday morning, just before daylight, while asleep near his team and wagon. From the position in which the body was found he was evidently on the point of ris- ing to his feet when the fatal blow was struck. The ‘weapon used was a@ large-sized hatchet, the blade penetrating about three inches in the back of his head, killing him instantly. The body was found a few hours afterwards where {t first fell, not having been disturbed. The pocketbook of the murdered man was found lying near, but rified of its contents, ‘and one horse was missing. The officers were not long in getting ON THE TRACK OF THE MURDERER, and, following i haig) search with commendable zeal, had the satisfaction of nabbing the dusky villain and lodging him safely in jail THE MURDERER ase pene i Make Tatum. He eid a blood: iy, (00) appearance, and carri the itpress of his flendish @ct upon his countenance. After he had committed the deed of murder and robbed his victim of what money he had about his rson he stole one of the horses and rode to Hun- rsville, just across the river from Little Rock, sto} at a darky’s house and procured his breakfast. VI hus horse there, he crossed the river to Little kK and remained 3 the city until late in the afternoon, When he returned, mounted the stolen horse ana rode off down the railroad track. Sheriff Oliver put several men on his track, and about tour o'clock next morning, just twenty-four hours after he had committed the murder, he was in tue hands of the kaw. THE TRIAL took place about ten days after the arrest of the prisoner, and the jury, alter twenty minutes’ delibe- ration, returned a verdict of “guilty of murder in the first degree.” THM STATEMENTS OF THR PRISONER are very conflicting. While in prison he made the following confessio! I will be twenty-two years old in August next. Iwasborn in Alabama and caine to Arkansas in my youth; was sold to William 6, Tatum, in El Dorada, Union county.’ In December and portion of January last I’ worked on the farm fora colored man who lived near Lewisburg, and was on my road to Little Rock whea I met Merrill, some six miles north of this piace, on the Fort Smith road. It was quite dark and raining, | He was fixing io camp ail night on ‘the rond side. Thailed him and asked him if he had any fire. He said “No, but [ have some matches; come and stay with me to-night." He handed me the axe—the one I killed him with—and said “Cut some wood, and let's have a fre some supper.” t fed the horses. We then had supper, He gave motwo drinks of whiskey, a cup of coffee, a biscuit and some bacon. Soon after supper Merrill was ‘counting up how much money he had spent in Littie Kock, and made the caicula- tion as to how much money he had on hand, and then counted and dried it before the fire. This was the frat I knew he had money. We lald down about eight o'clock, but T did not go topsleep—could not—was thinking about’ the money he bad allthe time, He sie) the wagon cover and Merrill on tolerably hard about four o'clock, white men and one black man siopped at the camp, but only stayed few minutes; the white men were bunting siome stolen horses. Merrill gave them a drink of whiskey and then went back to bed. They had been gone about half an hour when I called to Merrill several times very sound. I lay oa quil Tt was raining junday morning. ‘Iwo im and take bis agon, which was t blow I struck turned over on his back. 1 then struck him three more ver hard licks, In (act, I don’t know how many him, a8 1 wae badly frightened, I thea went through his money, knife and sever Biter things of litle value. “I thea straightened him out on the wagon cover and covered him up carefully, as I was afraid somé blood would get on my clothes. Then I took the horse and came to Huntersville, I arrived there about five o'clock on Sunday morning, Sist January, 1869. When I le(t Merrill be was not dead, aud made considerable noise; bus C was satisfied he could not live long. I came over to Little Rock the first trip the ferry boat made Sunday morn- ing and did not retura until late in the evening. L eit very uneasy allday Sunday. Could hear on every coruer that a man hag been murdered and robbed on the otuer side of the river. PREPARATIONS FOR THE EXECUTION. Long betore the appointed hour crowds were seen wending their way towards the place of execution. Carriages, wagons, ’buses and vehicles of every de- scription, even including the dray, were brought into requisition to transport the curious within sight of the gallows, and by ihe time the culprit arrived over 3,000 people, of all shades and colors, men, women and children, had assembled on the grounds surrounding the gallows. THE SCAFFOLD was a neat looking structure of pine, erected in the old brickyard, on @ small hill opposite the Peniten- tary, where a fine view of the surrounding country 1s obtained, THE APPOINTED HOUR approaching Deputy Sneriff Vandegriff repaired to the county jail w: parriage, in which tae prisoner Was placed, his al pinioned behind him, and taken hence to the place of execution, accompanied by Rev. Mr. Peyton (colored). At the j: & vast concourse gathered to get @& of the doomed mau, and foliowed the carriage to the gallows. jed with @ steady step, and did not appear to realize = he stood on the brink of eternity. — Nir] reseed in @ but neat and ni Rev. a offered up jer for the doomed. Spiritual consolation was adminis- tered to him before he left the Temarkable coolness, althong! little confused and made his rison. He exhibited his speech was a partially unintelligible whea he SECOND CONPRASION. '¥ PRIRWDS—I want you to listen to what I havet aay. Iwill be ey years = fo oe ge yon — pray for your \- Ha have’ & wife and ‘two childgen came along looking for a ed me if I he borve thie’. After Jott Mr. Merrill ask ad any money. I told him I one dollar, being afraid to teil him Thad anymore. I asked him for matches; he asked me for I threw down my pocketvook to him, and he fix Gd d—m you, before day. Doi 7 “* I then slipped the ax, lying near, from under bie head, and asf strack him I exclaimed, "i'l fix you, G—d d—am you, now." I only struck him once, Iam how going home to rest. Don'tgrieve for me. Waich me now—my soul's happy. UTRD. The prisoner then shook hands with the Sherif, minister and a few others, wished them good-by, thanked them for their kindness, and exclaimed, “O, Lord! have merey onfme |” The white cap was slipped aver his head, the noose adjusted, and at |) precisely one o’clock the drop fell and the soul of the murderer was launched into eternity, there to be again judged by his Maker. His neck was broken by the fall, He struggled very little, gave occasional jerka and twisis of his body, breathed very heavily for @ few minutes, when he hung perfectly lifeless, Alter hanging avout cighteen minutes the body was examined and pronounced dead, and in twenty minutes from the time the drop fell his body was lowered to the ground and deposited in the piain pine coffin prepared for its reception. The widow of the murderer's victim was present at the eae oe. the wen trap was apt seem nal and even gratified with the result. UNUSUALLY WEALTHY.—The Troy Press tells a rather suggestive story of a member of the New York Legislature, Who, on returning from Aibany, leit the cars temporarily and his pocketbook on i seat, A brakeman found and opened it, and dis- covered $1,800 in bills, besides some papers, which gave him a ciue to the owner, While the train was stopping the brakeman went in search of and found the owner, who promptly rewarded him with twenty dollars. As the brakeman turned to go away, hows + the legisiator stopped him, took him one side, and whispered in his ear words to this effectx—“When you up to our ‘ed to-morrow you needn't anything about my ek pocketbook, You see, they wouldn't know how I came by that $1,800 a | in fact, | don’t think I ever had #0 much money with me # #0 you had better say nothing avout it’ i ; i By Judge Gilbert. In the Matter of the Application of Alice Freeman vs, Wallace Freeman, on the Ground af Abandon- ment.—Defendant being confined in charge of the inderson vs. Isabella ap- point Wm. M. Peck guardian of infant. ppolnting Freeman Clarkson guardian ad lotion on .) a0 TI ghiin security for $15,000, : Lye nce Company vs. .Thomas Mo- Cartney.—On consent order of discontinuance, Daniel Breslin vs, Ellen Brestin.—On report of re- ferees order erantine, judgment of divorce to plain- efendan it. Daizeli vs, Emma Dalzel.—On repo: N. Dakinvs. Wn, H. Dakin.—This was an action for divorce on the ground of adultery. Judg- ment denied. BROOKLYN INTELLIGENCE. Navy YARD—REDUCTION OF WaGES.—An order was received from Washington at the Brooklyn Navy Yard on Wednesday last by Admiral Godon, direct- ing a reduction of one-fifth in the wages of all lab- orers and mechanics and other employés of the yard, not on salary, receiving less than $1,500 a year. The promulgation of the order yesterday morn ng created a deal of dissatisfaction throughout the several departments, and the sailmakers threat- ened fo strike in a body. News IN Brier.—One hundred and twelve chil- dren lost their way in this city during the past month, and were recovered by tne police and re- stored to their parents or guardians. A chest of tea valued at forty dollars was stolen esterday from in front of the grocery store of Il. mith, No. 9 He! street. A fair in aid of the Catholic Orphan Asylum will be shortly opened under the auspices of the Sisters of Charity, aldea by the various churches of that denomination throughout the city. OBITUARY. Paymaster E. H. Cushing, United States Navy. Our correspondence from Peru announces the death, from yellow fever, on board the United States steamer Tuscarora, of Edmund H. Cushing, passed assistant paymaster of the navy, The Tuscarora had been to Buenaventura to inquire into an outrage committed there, and upon her way back to Callao the deceased was attacked with yellow fever. The most devoted attention was paid him by the phy- sicians and his brother officers, but without avail, he dying on the morning of the 10th inst. The in- fectious nature of the disease precluding the possi- bluity of the boay being kept on board unl the ves- sel arrived at Callao, it was buried in the sea. Pay; master Cushing was a native of Massachusetts, and was a nephew of Mr. Caleb Cushing, of that State. He was, howgver, a resident of New Hampshire, from which State he was appointed to the United States navy, his first commission being made out on the 30th of June, 1863, on which date he first entered the service. On the 23d of July, 1866, he was promoted to the rank of passed assistant | spafoewentn which he held at the time of his death. e Was & Warin-hearted, estimable young man, pos- sessed of numerous friends, who wiil hear with deep regret the account of his untimely fave. But a few days ago orders were sent out transferring his vessel, the Tuscarora, to the North Atlantic squadron, under Rear Admiral Hoa, Henry A. Tallmadge. Onur Cleveland exchanges contain notices of the death of this gentieman at Warren, Trumbull coun- ty, Ohio, on the 12th of March. The deceased was descended from a very distinguished Connecticut family, his paternal grandfather, Colonel Benjamin Tallmadge, having been an oficer on the staf of Washington, to whom was committed the custody of Major André after the capture of that unfor- tunate Englishman, Two of his sons served with distinction during the war of 1812, and another, who Was @ distinguished naval oficer, created quite a sensation soon after the war was over by fightin: two British officers at Gibraltar, killing one an wounding another, and winding up by challeng- ing every officer of grade in the gar- rison and fleet. This difiiculty arose from the studied insults offered to the American officers atevery opportunity. The subject of this sketch entered the Union army as a private at the outbreak of the rebellion, served with gallantry and distinc- tion, and finally becoming a lieuteuant of artillery, In 1964 he was compelled to retire from the service by reason of ul health, and returning home remained an invalid until bis death. Colonel Peter McLennan. On the 24tn ult. this gentieman died from con- sumption at Volusia, Florida, whither he had gone in the hope of recovering his health. Colonel McLen- nan was born in Scotland during the year 1336, and came to the United States in 1857, settling at Camil- lus, and for a time attending Monroe Collegiate Institute, at Elbridge, and the Conference Seminary at Cazenovia. At the outbreak of the rebellion he was engaged in the study of law, but abandoned the profession to accept a captaincy in the One Pitundred and rit regiment of New York Volunteers. At the second battle of Bull Kun he was severely wounded in the thigh, and mn his recovery in 1863 raised a battalion for the Twenty- second cavalry, his former regiment having been aan in the he 1862. ~ ——— joned @ major w organization of the regi- —_ ticipated with Pog 4 in the battles of the ao and was soon ir taken prisoner by the Confederates. Early in 1865, after being Deroled and ex he was promoted to the rank of lieutenant colonel, and at the close of'the war Was mustered out of the service. Retu: wo his home at Camillus he resumed the study of law, and last year was ‘adi 4 to the bar. He had scarcely begun Practice Pi ion, how- ever, when consumption attacked his frame, enfeebied by the hardships and privations of war. Last steeper dl ‘+7 — from AJ ing | papers, he wen! 01 oping the change Einrartey would rid Inmof the fata disease. But it was not so willed. by the ers amor whom he was and by the many friends he had le at home, he died while yet a young man. A SIGNIFICANT SUGGESTION FROM A FENTON OnGAN. {From the Jamestown (N. Y.) Democrat, Senator Fenton's home, March 31.) A republican government does not need its est statesmen in the executive department, but im Congress. We want our great minds, not in the Cabinet, but in the Senate and House. — It is in Con- the great measures of policy and administra- jon originate and are sbaped. ‘hat ts the true field for statesmanuship under our system, now established and successful. The good Cabinet officer may be unfit for @ legisiator. The able and great Jegisiator = would fat in the Cabos; the duties are so different. The? Cabi- net Secretary needs good sense, quick judgment of men, aptuess for details of business and a great deal of firmness, mis duties are definitely laid out before him. He runs, in large degree, in & ‘ove, ‘This is true measureably of the President. p fit the position of Senaty and meet au the re quirements of the station, to discharge all tts duties, to use allits opportunities, demands higher powers than to be President. The last has to execute; it 1s his —s The other has @ chaace to originate great public measures whose scope is wite and whose Influence may reach to the ends of the earth and last for generations, Many men can run a loco- motive but how few can invent one, Kngland has many Cabinet ministers, but only one John stuart ‘Mill, one Cobden, one Bright. IMPORTANT Liege question in Philadel. Phia ts, “Who killed Jos, W. Smith?’ .The question in New York ia, “Who killed Rogers?’ The question iu Elmira is, “Who killed Baker?’ These are con- une for tho hangman.—Kinira Gazelle, March a. eee Hors Derrneep MAKETH THR Heart Sick.—A singular caso ts reported in one of our exchanges:— Forty years ago a blooming young girl of sixteen married an old man of sixty for his money, expect- ing that he would soon dic and leave her @ woaithy x widow, ‘Hope deferred maketh the heart Lie leat eS the ae Cn at the Lg aan age y-aix, leaving ® husband aged one huadred @nd four cuildrea to mourn her lose, B) ‘There is an apparent disposition among real estate men to take a more hopeful view of the condition, present and prospective, within the last couple of days, than has been manifested for dome weeks pre- viously. This has resulted naturaify, as was sug- gested here some time since it would, from the bear } movement frightening out of the market the very large claas of operators who speculated on small margins, but whose competition caused inflaved Pricea, With the elimination of this feverish ele- ment came @ clearer view of the situation and a better understanding of the genuine features of the market. The first consequence was pros- tration, a panicky feeling possessing dealers, restraining them from making new invest menta and preventing sales unless at what was considered @ sacrifice. In this condition of things holders of the less desirable kinds of property found the necessity of making concessions, the effort to unload at nigh figures by getting up formidable auctions extensively and expensively advertised in the hope that they might ‘drop te flats” having proved futile, With the disposition te abate extravagant expectations came a resumption of activity, and logically the present improved tone of the market. The indications now point to fewer offerings in the auction mart and a larger begildlndensdegeal the bogus character of the public transactions a a ee er a are at last beginning to have their influence on bel who have recently been treated to some considerable failures in the way of auctiens. Meantime on New York island may be quoted, without feserve, as firm, Subjoined is @ schedule of the dealings in the Exchange yes Auction Sales of Real Estate Yesterday. PROPERTY—BY A. J, BLERC! 60N iat prominy SLai0h nnn OR en iin, bune ah aye Worth t Hudson st, eaoh 18.9x102.2.. tot No old Weat 4th a it 6x a tory brick house wad iot No 489 Forsyth ai'and Bary” ‘brick house in rear, lot 294x100... eevee 16,000 2 story brick house and lot No 18 ‘a3 story stable on Gay at; lot 71x50.6. 2 story brick house and lot No 16 Ga: Smory framehouse and lot, # 138th 2 story bk house and lot No 239 Madison st, near Jeffer- son et, lot 21370... svacenasener cece ]0,000 3¥ —— 2 story frame house, stable and lot No 554 Wost 49th st, 160 ft ¢ of Lith ay, lot 25x100. a Known a8 No 74 Koblnson st, for 21 Leasehold property known as No or Years, {rom May, 1603" : BROOKLYN Pi Siots in Brooklyn nald st 2) 4 lots adjoining, on Furnaid st, 20216), eacl 2 lots adjoining, on Furnald st, 20x100,’ eac! 4 lois adjoining, on Furnald st, 20x108, eac! 2 lots adjoining, on Furnald st, 20x100, enc Slots ne corner of Brookiyn av and Webs 20x94.7, each..... Blots adjoining on Webster st, 2 lots adjoining on do, same si 1 5 lots adjoining on do, same size, cach. Slots adjoining on do, same size, each. dlots s weorner Purnald st and’ Broo! £ g PERTY—DY JOHNSON AND MILLER, 4, and southerly corner of Fur- each...... 17 lots on Farnald 11 lots on do, same size 5 lots on s ¢ corner Canarsie ft front, 2 ft rear, shorte 9.11, each... 6 lots on Canara! ie av adjoining above, and being on nw ‘and Canarsie ay, all 20.4% front and line and 90.636 t line, house uni lot, No 67 Bucket st, 8 story brick house and lot, No 67 Sact Story brisk ‘house and lot, No. Sackett 100.5... “ 8 fi house and’ Dik st, 100 ft story frame house and’? lots, es Dikeman Troi Conover sty each 10! 20x10. ses.crscneeesezesnee 700 BY W. W. BACKUS. 3 story brick house and lot, No 149 Elliot place, 462.6 fe ‘Bof Hanson piace, lot 20.10x100.......+.. itnes 2 story brick house and lot No 188 Raymond st, near Falion ay, lot 2ix100. . 8 two story brick houses and i ft e of Court at. each 20x100..... BY WYCKOFF AN 12 lots e# Hudson ay, between St Mark's place and War- ren et, each 21x100. 8 lots nk Warren at, 100 rear, each 20x126 - 9 lots 6 6 St Mark's pi Real Estate Notes. Jacob D. Odell has sold to Samnel Coles a lot 26x 125, corner of Main and Washington streets, Tar- rytown, for $3,100. A lot 22x60 on Main street, Portchester, was dis posed of at sherii’s sale on Wednesday for $2,500. B. De Klyn has transferred a house and lot, 26x 100, on Storms street, Tarrytown, to Mrs. C, B. Ditne clogant vilia situated at Throg’s Neck, N. Y. le elegant v! ‘8 Nec! le with fifty-four acres of fine land, commonly” known as the Whitehead estate, but recently sold to Mr. Rathburn for $110,000, as before stated in the HERALD, has been resold that gentleman toa Mr. Havemyer for $120,000, The property lies some- thing less than a mile and a@ half east of the line of the prospective Harlem and Portchester Railroad. Oficial Transfers of Real Estate Yesterday. TRANGVERS IN KINGS COUNTY. Adelphi st, w #, 158.4 fis of Willoughby Baltic at, ha, 81 ft @ of Cariton av, dix95, Baitie at, n 9, 28.4 ft w of Nevins pt, 18.4180, Butler at # 6 127.6 ft 0 of 7th av. 107. 1xlU0, GebGG GabGdaeGGaGecds § 500 F500 2 GET ¢ 5 < : i aEsacr Hl ae a3 unden ‘TRANSFERS IN WKUTOMEOTER COUNTY CORTLANDT. Albany Post road, w 6, AW Davinon’s property, 16 acres 8,508 BASTOHEST! Prospect av, ns, 400 ft 6 of Fulton av, 200x100........... pect ar, " 6,000 00 700 B00 ‘A Shuto, 682100...... 2,800 ‘ws, IW ft aot liroad ah #, 100 ft WES TOHROTRR, Barker av, w 9,260 Cts of wHirk Public highway, ¢ #, adjoh a coe 1ytO0 W 8 Tompkins’, 17 acres.s0,000