The New York Herald Newspaper, April 28, 1870, Page 3

WRN ' mca tien pannattieaeaeeee ee Te THE MPARLAND TRIAL ‘The Question of Sanity vs. Insanity Ex- hausted, and the Defence Rests. Testimony for the Prosecution in Rebuttal. HORACE GREELEY ON THE STAND. A Lively Spurt Between Counsel on a Question Propounded to the Tribune Philosopher. IMPORTANT RULING OF THE COURT. piece ‘The insanity question was the major suniect in the Proceedings of yesterday. Dr. Hammond was on the stand all the forenoon and a portion of the after. noon, but there was little of especial interest in the testimony producea, A CHANGE AT LAST. The great sensation of the day was the appearance of the venerable Horace Greeley in the wiiness chair. Mr. Greeley, with his characteristic modesty, took a seat in an obscure corner of the court room, and toyed with bis fat unt! he was ca'led upon by the District Attorney to advance and show himself, Mr. Greeley’s vame being announced every one present grew anxious to have a look at the d@atinguished philosopher aud hear his testimony in the case. He was attired in evening costuine, 8 ale low-tailed coat, low cut watstcoat, spectacies, &e. Mr, Greeley said very’ little in his (esthinony before ‘he was completely stopped by the impetuous coun- gel for the defence, wio entered upon a long, labort- ous anil seemingly unnecessary arrument about the Validity of Mr. Grevley’s evidence, It may be that the coungel considers anything done by the prose tion cruel and heserodox; but it must have oceurrea ‘te the majority of itsteners yesterday in court that te effort to exclude the testimony of such a gentie- man as Mr. Horace Greeley was calculated to injure more than to serve the case of the prisoner. The de- The Recorder, who has all aloug shown a most dispassionate spirtt m the task of presiding Over the case, displa: in his sensible Way an impatience of the nonsense which the defence insisted upon having. The evi- ence of Mr. Greeley every onc 1s anxious to hear, and the petty technicalities of counsel for the de- fence wil hardly avail to resurain the expression of that eviden A LADY OF SYMPATHIPS, There was less of a crowd than nstia). The ladies numbered bly @ score. Mra, Norton, attired in @ new ruche, glace silk and sheeny v! her usual place i et, occupied n the vickaity of the r-poriers, Her kindly sympathy and the fraits of her well batancet jucigment were frecly extended to the soit aud hiex- Perienced seripblers around her, A remarkable event occurred yesterday in the withdrawal of Mr. Charles Spencer froin the position of associate counsei in this remarkable & Mr. Spencer, in the speech of the delence in opening casey slgmattved, In ierms more energetic ‘wan polite, tue conduct of Mrs. Calhoun m nego- Gating the affinitizing of Richardson ‘and Mr-. MeFariand. Mrs. Caliioun and her miends ohnige ‘Mr. Spencer with inputimz to Mrs. Calhoun tha doing this she was prempted by an Vicous Motive, aNd that she was pure soul. The clamor in this direction, promptel by female pens and tongues, was so great that Mr. Spencer was compciied to pay some heed to it. ‘The result of tuis celigera:ion, when his attention was called to the passage Ws > speech, that he fel. that .he might anwittinay have done Mrs, Calhoun’s reputation some harm, and, therefore, with a chivalry and gallaniry tas commends it-eif to all true men, he wrote a very etrongly worded letter to the sndependent, calling atieation to thts wrong. In this letter M. ‘states that in his « his remarks 28 to Calhoun to the sively of this particular trial, Tnis tetter greatly onfended the counsel associated with him, and yes ‘werday morning, in a private room, before ‘the vourt ‘was opened, there was a ica war, Which threst- “ened at one time to reveal itself Mm couri, but calmer and wiser judgment happily prevented a scene. Mr. Spencer, however, feit tnat ie could not, aiter what had been and, therefore d en- m impure and woman of iin- in SEVENTEENEY DAY'S PROCELDINGS, Examination of Witnesses Continued—Testi- meny of Thomas Devvr. ‘Thomas Divver examined—I am night wachman at the City Prison; I know the prisoner; Igo on duty At seven o'clock at night and Jeave offat seven in the morning; dnring the time Lhave been night wateh- quan [had dccaston to pass Mr. Me looked into His cell; he wus not asi two o’cloe! in his cell once or twh Cross-examined by District have been employed t light burning once or twi Re-irect—I heard hin complain of his tuability to “sleep; his appearance was he could not sieep. THE TESTIMONY OF DR. HAMMOND CONTINUED. Dr. Himuond continued to testify as follows:— One of the most promineat causes of mental disease is domestic ‘alienation; I have come in contact dur+ ing my traveis with over 40,000 persons witi more or less care; Lhave become familar with 800 or 1,000 cases in my private practice: I have studied a great many cases of the typical forms of insanity; T was in Europe ip 1856 and 1865; I pursued the studics in Great Britain and on uke Continent; tn _ continual correspondence with alienists; iam syinptoms precede the culminating act; my idea 18 that not only certain symptoms designate ‘the act of thelr culmination, but there are also relics which show the existence of those violent symptoms beforchand. The witness then al- juded to nis examination of Mr. McFarland, aud thought he must have been insane at the time of the commission of the deed; he was iavoring under temporary insanity; if he had xept away from the 7ribune office he might have recovered ; the appearance of Richar:ison was sulticient to explode al! the symptoms-.of the tempo- rary msantiy; hejcould not say how!ong ibe monomat- cal state had been on Mr, McFariand before the cu!- minatipg pot. The witness inen procecded to give a technical definition of menomaniy In iilustrating acase of teinporary msanity, he gave an instance of a gentieman Invitmg a number of friends to dinner; sudvenly he begued to be ex- cused, Went Into an adjoininy room andcut lis throat; xhat Was an exibition of temporary insanity: there ‘were, he said, a great many cases on record; tie ‘whole treatment of insane people has changed witli- an a few years; a number of years ago insane peo- g:¢ Were ‘reated iu an imjiuinan manner; the treat avent now tends to bring back the soul to its normal Siate: insane peop'e are treated invalids: if a _ person entered 8 room and found one man <ooung anotier it would be 1mpo-sib.e to say wheter lie was lavoring under temporary Insanity or malice afovetiougitexcept by the preceding circumstances ‘OF aiter cousequences: a distinction could be drawn gat great length: a state of temporary insanity was twat Wich lasted a short time; it may or it may not be preceded by symptoms wich are obvious to even rand’s cell; 1 p often up to Attorney ‘e over a year; 1 ch that he looked as if 1 am cer- superiicial observers; passion was nothing more than emotional activity, but temporary insanity t# Proseded aud followed by acts which show that tie mind has not entirely recovered from 218 condition; im the case of passion, where a man sminitted a crime and having recovered his re- Aective faculties the principle of seif-preservation ame inte operation, but in the case of temporary tusanity itoiten kappens Lhat the man will le down ébeside, his Victim. 4. YOU cangot solve the question of insanity with- out having a history of the case? A, That t3 80. Q. Were you requested by the District Attorney to examine Reynolds, the murderer? A. Yes, and I gid examine bin. Q Did you or any one else give votice to Mr. Howe, the attorney ior the deiencey A. No, and I am not aware that any one else did, Q. There was no one with you when yon made the examination? A. No, no one except the prisoner. @ You deaided that Reynolds was responsibie? » Tdid, counsel for the defence—I merely wish to show that if your jmigment was suiicent to execute a man il May, perdaps, be considered suficient to save auoiuer. Crosé-exatnination—To Mr. Davis—Q. You have divided the mit into four disanet orders. te woat they aver deer ant ovis. » Yon aay that ineanity can exist with regard to one of these Sacutites of the inind without the re being affected thereby? A. Certainly; aman iay be insane of percepiion while sane tn emotion, inieviect and wii; there are hints to these cases, ud these limits yatist be separate and distinct im each mdlvicoal case; the emotional jacnines may be ate.teg with insanity While she pervepuon, we Please a. Perveplion, emotion, ine- in the morning; he had @ light burning | Q i ts he ny iy. Q i u Q h 13 BO; id fence have had too much of thelr own way in this has ti not When the inablitty manifests itself. ease, and if the prosechting attorney @udge Garvin) | 4%, Bo He in peiloot makes no ore aM A. It Properly appreciated the responsiplitties of his posis | “"Q” Now: sin iw itmet. mince tine the eatellect. bes Vion he would have long since curbed the license of | comes overpowered by the will, aud that the intel- examination and the side-wing appeals male to the | lect 1s then in an insane condition? A. No; 1 think jury by counsel for defence. not. VERY PROVOKING, Q. ‘Then T understand, Doctor, there may be in- Nothing, of this kind is needed. 1 bo : NEW YORK HERALD, THURSDAY, APRIL 28, 1870 ‘WiD and intellect are unaffected; if! knew a person who was of an ordinarily cheerful aispos.tion, and that person became suddenly deoressed in mind and became melancholic and sat tn nts chair crying all day, I would say that man was insanc 1a his emotional facuitics, anit hu nave to commit suicide at any moment where delusion and hallucination exist, aiid there is no aberration of the other faculties, that would be perceptional in- sanity; this is jon of a greater devel- opment of insanity, and if a man has perceptional insanity he is in a critical condition.’ Q Ifa man ta that condition of mind is walking down the street and supposes he sees.some one be- fore him, whuie iu fact no. one ts there, Would bis tus teliect inform him that this was a dehisiont A. Yer, 2. And, therciore, so farax ius judgment 18 co cerned, with the exception of this faise or diseased perception, he is a sane man? A. Perfectly 40, Q. Perceptional insanity, as you describe it, may et judgment and exist in entive consonance with per' sound ingellectaal ability? A. Yes; @ party in that ‘ol, ndition will have the will perfectly under cont perfect control of the mind and perfect compreben- sion of the moral faculties. Q. Deseribe the nature of insanity of the will, of which you have spoken, A. Volitional insanity, or insanity of the wii, is that form of insanity in which the indivilual loses the control of his own wil! Through an aberration of his intellect; thers ts a case of volitional insanity, Wich ts very frequently quoted ani is familiar to the dovtors:—A man with voli- tonal iisanity had at wn an impulse to murder bis mother; he wv perfectly aware of the impulse, and was conscious of the act and wrong he would commit; on the first approach of the hnpulse he would immechutely warn lis mother to get outof the way ull the fit had passed away, and then he would thank God that he had not earns the jinpuisxe; the warning he would give his mother at tl at the impulse would come upon Him and before eompletely lesing the control of his will, Q. The fact of this defendant going toa hotel where he bs well Known, enterlug has name ona book and comiuetiig Rimsclf as though he were rational, and stating that some one would eail for him. would that b@ Luutestive of his ratiouality? A. Yes, it would. Q. That circumstance would draw this case up to your stendard of Judgment? A. Yes; 1 kuow a cas> of @ ventieman tn this city who was attacked with Congestion of brain while eating a hearty du nu id Was affacted with manta for two houre; he had stopped at a ratiroad siation, had ea'en a dinner hearaiy, and the mani cime on and ne wished to injure every one about him; this was consequent on cerebral cougestion, brought i Dy taking too large a quantity of food: T saw him about ten days aud, aud ther Stil! perceptibic the eff.c's of con- gestion of the brain, In those cases of ins.ntly the person is acting lly? A. Yes, he is acting perfectly logically, Q. Inthat state of msanity, as a matter oF Gores the moral facuities are involved, and there is an in: bility to determine whether the act be right or wrong? A.’ There is a great deal of confusion about what is called moral fnsantty ox no’ the distinctions between right aud ? A. What may be right in one per son is Wrong iu another; isis the same in nauons, and dependent upon abstract questions. . Lets wien his intellectual facuities are insane that th wi he inability arises when he is not able to judge or his acts are criminal or not? A. Yes, that, he individu | has had intellectual power, but sanity of the will so far as to exbibit diseare, and in which the intelect ma; itselt?. A. Yes. The form of insanity in which there are dela- sions is a commen form of insanity’ A. Yes; the most common, Q. Delusion is not the attendant of the three forms of insanity whieh you have deseribed? A. No, Q. Whe. delusion is attendant upon of insanity, it is conclusive evid exists? A. Yes; it ts conclusive. ), ‘The intetlect indicates to him tie thing to be done? not be affected by the disease se forms nee tial insanity A. It does. Q. Then that kind of insanity aets npon the delu- ston? A. Yes: if the ideas of a wan are insane jis @cis are insane. cde naes is nO condition of dementa in this case ? ii! nO. tlave reid Huntinzdon's case, Doctor, I ? A. Lhave; 1 recollect it perfectly, e Was an endeavor there to establish moral insanity? A. Yes; it was a tendency to write otier people’s name (Laughter) There is no such form of inganity unaccompanied by any other form of ais- May, perhaps, put myself right about this; zt 1 think there are Classes of disease which are charact iz do not deli this inability ex! classes of disease, ? Suppose a person, for some purpose clatming to be insane, did an act wader pretence of being in- Bine, What would be your conclusion on that? A, I mel suppose that it wan a decided case of sllam- m ig. Q. Tf you find a porson. making a persistent effort. al Msanity to indice oihers to beiieve he was woult not that be such an exercise of mentil power to satisfy you of the person's capacity to ap- preciate pot ouly bis own Condition but to judge be- ween the right and wrong of his own act? A. It would lead me to suppose he Was sane, Q. Is it not one of the evidences of the existence of inganity that a person carries about with him the intent to Kill ano: A. Very frequently: im-ane men will imi keeeper, bui who m: insane man will ever forgive an injury, Q Is it not a prope y of insane people to enter- tain a desire w Kill @ person who did not commit an injury upon them, and without any reason or motivé UieretoY A. Yes; there are instances of suci, not only without reason, Out contrary to reason, when they had every reason ty beap biessings, if | may so speak. npon thetr victims. . You had never seen this man until you saw bin in juily A. Not to my knowledge. Q. You have seen Many cases of feigned insanity? A. Ihave, especially in the army. Q. You have known Cases froin the looks where sanity has been feigned by the person for the purpos ‘of itxown defencer A. Thave known such cases, Q. Now, Doctor, 1s it very diMeuit fora person to feigned insanity? A. It is very dimeult; tt is ch easier for an insane man to feign sanity than for & sane mau to feign insanity; they generally overdo it. Q. { wish, Doctor, to relate to yon @ case in which Ibad to pronounce senteuce upon aman. When I arrived at the jail the sheriff informed me that the man was alther insane or was feigning, I ordered two of the most skiifal physicians of the city to be summoned, Those physicians came to me sepa- rately, and I requested them to give him a full ex- amination, One reported that in his judgment the man Was insane. fier several days’ examination the other reported that he thought he was feigning, As there was a doubt I requested the man to be brought before me, and he delivered an address of three-quarters of an liour in length quite coherently, and I afterwards pronounced seuten upon him. Under these circumstances should you have detected the feigning? A. I think I should; I bave suficient contidence in m¥ Own powers to form an opinios, q. Do you know Dr. Gray? A. Yes. & ‘This man was under bis charge for six monthe ? A. It 18 quite possibie where there is so large a num- ber of patients; [ have such coniidence in Dr. Gray that ifhe gave his undiviled attention to that or any viber case he would certainly find out whether 4 man was felguing or not. Q. TL understood the counsel for the defence to at- tempt to get an answer to his question on the idea that the brain received its nutrition during sleep; 18 it your idea that the brain receives its nutrition from sleepy A. Mainly in sleep. Q Is not this truth, that the brain nas during all seasons of mental activity been fed by the blood? A. Undoubtediy; sleep cannot take place during congestion of the brain; cougestion must cease be- fore sleep; @man may be in a stare of stupor, but ‘that is not sleep; when a m@o is intoxicated he does not sleep: he falis into a state of stupor; tt may be rest for the muscles, but 1t ts no rest tor the mental facuitles, uniess the effects of the stimulants may die out and sleep may come. . ‘To which of those classes do you think attribu- tale to emotional excitement? Do you think emo- tional excitement existed lefore the nomicide? A. 1 think it was due to the circumstances, . In which of those ca.ssifications of insanity Which you have described do you place the present case? A, I place it m the category of emotional in- sat, | by a loss of moral perception, ‘lagsifying them separately; wl {8 it is always accompanied by other ‘—a friend and not an enemy? sometime quite the reverse; great prejudices against a have maltreated him; an 3% man might during the day talk and con- With his friends upon Various subjects of busi- almly and coolly, withont exhibiting any ap- ice Of insanity, and sull be shortly alterwards ted by emotional 1msanity, 4. What weuld be the condition of the man while laboring under temporal insanity? A. I would ¢ pect to see ls face Hushed, his eyes red, pulse p aps to be in its normal condition; various aberra- tions of mind, must liness of gait and pain in his head; his voice might also audergo a chang miyltoe caherent or mcoherent yn a great deg the would change in its tone, and great museca clement, which would be indicated by rest- Sness, lability to keep long in one place, and a constant desive to move about. Q. You were asked in respect to his subsequent conduct after the shooting took place; the prisoner lett tie ofice, goes to a hotel where he was a stran- ger, then eters his name and announces that he 1s there expecting & Irlend; m all these facts would you discover any evidence of lusanity? A. If there were no partteular circumstances surrounding it, that would not be evidence of sneanity. Q. If ie were tien at the hotel waiting for some person and that the person did not come and accom- pany him to his room, and was precisely imiicated by the party himeel!, would you recognize In those facts any evidence of insanity? A. if he nad done that before the sNooting it woald show premediia- tion of the act. Q. Il after the shooting. before the shooting, his. brother met him in the evening ac the hovel, that he entered 1} hame \ipon the book and told the parties in the hotel that he was there waiting for his frtend; that the friend or brother came; that they accompanted each other to the room, would you under such cir cumstances be able to discern any evidence of ins sanity? A. If the meeting had been arranged before the shooting there woul be evidence o| tation, but if would be ¢ or after premedi- the arrangement was afterwards, it quence; he might recover his 1; the characteristics of tem. or morbid iupulse, the essential teristics yee & culminating act which 1s marked aud generaliy erininal, Q. Teil me the distinction that exis's between one ta ibiense auger, Who, Lewy luguited, smstautiy shoots down the insulter, surreniiers himself, an) one who does it in what you cati temporary insanity, who if not responsibie for his actio A. So fav aa oe ir coe ad acne veene> is an emotion ich prompts obtain satisfaction b; act ‘eo ‘Will atone for it, visnambocpen se @ man broods over his wrongs, anil resolves to revenge, 1t brings on by such brooding a vengeful feeling the sympioms you have sp would you consider him insane when i lished his purpose? A. If he brooded that Way it might make him uitement is one of the promine a M woult not necessarily produc insanity; [do not that the execution of his revenge 18 of of insanity; I think persons of his ‘awment and under his circumstances would be more liable to sudden excess of passion than obhers: if a person were to avow to. many an intention « killiog a person, and then, while apparently cool, shoot him, it would be evidence of tnsanity, but Not conclusive; the insane are very persistent in in their purposes; the insane are ‘quite likely to kill pergous who have been t is; when one Kills @ frlend without a motive tt isa strong mark of insanity; when he kills an enemy it is not, aud to show insanity, the accompanying proois of in- Sanity should be very strong; the act itself is no roo! of insanity; I see nothing iconsistent with perfeet_ Insamty in a wrenged mon carcying for a long time to his beart the purpose of Kilung we Wronser and ultimately killing him; (hese symptoms T have spoken of are marks of the acubauon of the disease, which may suddenly result in an explosion; @ persistent intent to kill, a search for an opporiu- nity to kil anil a final Kay of the wrongdoer, are notin themselves proofs of nisanity; Ido not think WG even when, #5 in Moore's cuse, it lasted tifteen or twenty years. Q. [want to suppose this case an avowed intent to kill, an attempt to Kill, @ subsequent avowal of @n Intent to kil if @ certain act is done which he regards a8 the cousummation of the wronz, and When that act was done the killing of the wroug- doer, would you regal + a8 evidence of insanity ? A. Not of themselves: he had made preparation: a8 training himself to pistol practice, [ should Treyard it as evidence of premeditation; when I visited him in prison he always entered on the sub: ject of nis troubles himself; when @ man 1s under examination his pulse very coinmonly rises; when @ an With @ normal pulse comes to consult a phy- siclan on what he thinks a serious disease his pulse becomes excited; It might become excited when he Knew that the result of the examination would affect @ trial for \ife; it did not incrase Reynoid’s pulse; Where functional derangement of the heart has raise! the pulse above the normal rate any ex- citing cause would be likély to inevease it quickly, aci over it in »; emotional ex- of insanity; especially the causes: which caused the func: Mona! derangement; when I exhibited to bin the portraiis of his wife his mo-~ tional excitement was very great 80 that I feared he mizht become «a maniac; I have seen many cases of feigned insanity; they are some- times exceedingly cult to detect; 1 have read of cases where insanity was feigned in anticipation of the commission of a crime; [ cannot now recall a case in my own practice; it is a very dificult thing to detect feigned insanity, reyuiring close study of the case; I think I could detect it; sanity 1s easier Jeigned by the insane; I nave recently two cases uncer my observation of feigned insanity, Reynola’s case and Chambers; both were sane, thougi | won’t be Chambers was sane when he committed the Judge Davis then related a case which he knew personally of, in which a man sentenced by hum de- cetved two skilful physicians, and was sent to tie asylum for six months, when he was returned as ing feigned insanity. Q. Does not that case show the dimiculty of detect- ing feigned insanity? A. It does, but we have methods of inquiry now which we bad not then; the methods of exammation have been very mucii ex- tended during the past few years. ‘The court here took @ recess of thirty minutes. After Recess—Continuation of Testimony. The eross-examination of Dr. Hammond was re- sumed:—1 spoke of the fact that one of the prison- er’s pupils was larger than the other; the ry of opium taken. in large quantities is to contract the pupils, both alike; aggard appear: ance, and in st tes flushing of the fac acting as a stimulant; in large doses if will produc incoherence and a change of charac used it produces many of the appe sanity. To prisonet's counsel—J recognize all the facis em- braced in ihe term moral mginity, but 1 that classification injurious and uunecessary i which ‘rom one sian ipoini are evidences of insanity May |e tortured fom another jito evidence of malice or révenge; 1 think, without previous ac- quamtance, evidences Of insanity may be inter- Teed as evidences of malice or revenge; my opintoa basel in part on my examination; taking the whole of the symptoms given or even any group of them | should say the prisoner was insane; the fact that @ person shortly after the occurrence thought him a proper person to watch his room at night is an evidence o/ insamty; between hali-past tive and half-past eigit he might have bad several parox- yams and in the intervals have seemed to an ordi- Nary observer sane, but if he was insune at that time, I should think I could have discovered tt, Q Supposing the state of his mind in reference to his domestic sroubles tor have been that described by the wituesses, and in speaking of them he ut- tere! threats, would you have attached any impor- tance to them? A. No; taking into account all the circumstances, 1 should con-ider him insane; but the threats should not consider in themselves either evidences of sanity or insanity; many maniacs have great power to . contro! tie exhibition of their paroxysms; in some cases they will carefully couceal their delusions: there cases of insanity where to some persons the patient puts on the ap- pearance of insanity, and to others would. appear confessedly 1n! I should not attach much weight to t fact that his imsanity was not noticed by those whom he was thrown with in business, but I should doubt his ability to conceal his insanity unintentionally for a ‘long perio but small evidences of insanity would escape the notice of @ casual observer; I have known the pulse to pass beyond the limits of counting, 160, but the pulse of 142 showed a state near to & maniacal excitement; the rapid rise of his from 104 to 128 on the mention of the name of Mr. Richardson showed great excitability; the pulsation Of the prisoner’s carotid and temporal arteries is visibie to ne from here, and indicates an extraordl- nary action of the neart and an increased flow of blood to the head, To Mr. Davis—The want of persistence is an easen- tial element of en @ persistent feigning of sanity for a long period ould regard as some evi- dence Of sanity; w maintained effort of that kind would lead me to think him sane; if a map who was insane in the eyes of observers was to give persist- eut signs of sanity I should think him ingane. Q. Ifa man engaging a room were to sit down and read a newspaper, and get up and walk about, might not his actions lead a clerk to be suspicious of him without suspecting insanity? A. I should think they might (the doctor again explained the operation of she dynameter); it is extremely common that in per- sons in the first stage of softening of the brain the pencil gradually goes down to the corner; if the patient desires, and is in complete trol of his muscles, he can make it vary; under nervous excitement a man could not keep ‘it steady; Where a man desired to establish inability to keep the pencil steady it would be worthless; I made the examination with this instrument on the 24th, after the trial commenced, but my instructions were so gi en to him that he should think it was to his age to Keep it steady. ‘o counsel for-prisoner—Q, If excessive drinking ‘were axided to all the other causes, what, would you think in reference to insanity? A. I don’t think his state was entirely due to his emotions; the opinm, the bella donna and the bromide of potassium he nad taken were of themselves calculated to injure the mind of the prisoner; I have Known such results from bromide of potassium myself. The Defence Rests. Mr. Gerry at this stage roge and said—‘Your Honor, we here rest the case for the defence.”” Testimony Given in Rebuttal—Horace Greeley On the Stand. ‘The prosecution then entered on the rebuttal part of the case, and called as their first witness ‘Mr. Horace Greeley, who was examined by Judge Garvin.—Q, You are @ resident of this city? A. I reside at Chappaqua; but I do business in this city. Q. How long hi you been engaged in this city im business? A. Near forty years. Q You are acquainted with the prisoner, Mr. McFarland? A. Yes. Q. How long have you been acquainted with him? A. I think I first saw him in the winter of 1862 and 1863; ti might have been 1861 and 1862. Q. Had you a conversation with him in the winter of 18677 Objected to ax not rebutting. Judge Garvin—I propose to show the conversations Witness had with the prisoner im the writer of 1567, after the separation, showing that at that time he was a sane man. Jounsel for the defence in-lsted that it was the duty of the Court to require the prosecution to diss cle the nature of these conversations. Counsel referred to the case of McLeod, held before Judge Gridley, in Utica, in which it was held thatthe prose- ion must be held in replication to @ strict line of yebutial, The prosecution can go into nothing put the demolition of the case as presented by the defence, The Court—I had the honor of being present at that trial when it occurred. I think the question ts entirely competent for this reason--cornse) for the prosecution could not have foveseen what would have been the scope of this defence. Tie prosecu- tion confine: itself merely to the circumstances of the killing and there rested thelr On the part of the defence you have underiaken to show this prisoner's antecedents, from his birth up to the present time, with a degree of minuteness that I have never known \efore, aud you have shown by witnesses his character three or four years vefore this Killing. You have sought to show his mental condition by @ number of witnesses, and it seems to me entirely competent that the prosecution should be permitte:| to show at this time acis on the part of the prisoner whic '@ entirely antagonistic 1o your theory that the man is insane. Counsel for the prisonerfargued at great length, and quoted ¢he celebrated case of McClou! to show that ¢he prosecution could not introduce tie pro- po-ed testimony in rebuttal, Objection overruled. mM restimed—Q, Slate w vevsution was as Well as you can rem was about a fortnight, I think, the separation or the troubies between McFarland and bis wie: be called upon me ataroom in the Aeron Institute, where I was at work at the times ho said io me, “IT suppose you have heard of iny troubles fom the other side already; | replied, “No, sir; —f have beard some rumors, bul aytiing “Som WLAF YOM GA thy guler a’ that con- mber, A. after I first learned of side;? he then sid, hear my statement of the case? Tf anid certainly, sir, goon; he commenced and said he ial no trou. bles with bis family till Richardson eame to tle house, and that he came there unvier some misre- pemenmniae: that very soon after he was informed at bis wife was in the habit of spending part of her time to Richardson’ room: that he remonstrated with her, and she said tt would stop, but that it did not atop; afterwards I think he said that he met her or saw her come from Richardson's ‘. “Are you willing to that they had some words about he did not consider the matter serious requiring separation, but that she leit the house, and very soon afterwards he was calle to a sort of family counch\—a tral, like—-hefore her father and others, and then be found be was accused of ail manner of thiugs by his wife, aud that tina ly she closed the matter by nolifying hun that she aiiould never be his we or vo with him any more; thac this Was @ separation; he sail, “Ldon’t think that there has been any criminal inter ourse between them; bu! that after this trial, or whatever it was, ‘she can never more be wife of mine; 1 never more can recognize or have anything more to io with ber as my wife,” this is the purport of the conversation; that wag the first-time he called, Q. What occurred ai tie second visit? A. He spoke abou! further troubles; about the shooting: I don’t remember what he said; 1 think I spoke harshly to bin; Lthink he cailed for something and then he went away; (he third tim he called i) Was in the Tribune ottice: then he called to compiath of a publi- cation in the Tritune al vie time of thy lug: & publication Which le Gioiwrht Wag prejudictal or un- just to him: he said the account of tie afaty m the Trivune was unjvst to him and unfair: 1 told him he should have # fair tearing if he Wou'd make our his Slatergen® a+ be understool the iacis and that I would print tem; accordinely he did make our his statement, and £ printed ii for him as he made itin the Tribune; thee were the only interviews that T had with him from thot time till this. Paper handed to witiess, qs that the paper thai contains: tha! statement? A. No. ‘ Counsel for the defence—Did he bring the paper containing this statement which he said Was preju- dicial to lim’ A. L think he brought it before w and suitl, “Tits is uninst and untair to a Counsel for the defence —We will have no reference mare to the matter; let the paper speak for aiself. Anotuer paper shown to wilness. Q. Is thal the publication you reverto? A. Yes, L {hink that is the paper he made out and gave me to publish, Q. Did he make it oat in your presence? A. He Went out Of the room to write it, Q. and be browzht It hack to you? A. Yes; E think he brought it hack to m Q, Did you order its | Q. Isthatit? A. Yes, the Q. Did be tell xen anything about the soot if 0, state tt. ° injected to). Counsel tor the defence azain rose and said this Was bot @ case in rebuttal. If the other shooting was brought in they must try 1 as a case of Itself, and that when by la) of lume prooi could not be ob- tained. The purpose of this question was io slip in evidence which should have been brought in in these case. It was an effort to show tiat Mr. McFar- Jand had been im the wrong three years before, and was it iufamous to at- tempt to ao so after aii the witne: were away? They dil not dare to try this wi it was fresh, for if Richardyon had dare | to appear in a court room against tim he would never have got off alive; thix was un efor: to prove malice. If express malice was apar: of the case of the prosecution they were bound 10 introduce it before they resied. Counsel referred at geeat leng.n to McLeod's case and several English cases, He had suspected the Prosecution, bat he had not wisned to suspect them. now that Counsel contenaed at great length that the prose. cution were bound to exhaust thelr case before they rested. ‘They could not prove a technical case. It woud be one of the most Knavish things ever atiempigd. That wasthe design trom the start. He could not conceive anytiting more outrageously dis graceful or anything more atrocious oe such an attempt. They had no rigit to rest ahd fhen pre- pare a case. Counsel suvmitied that any mer into, 10r= proceeding could not now te = gone Tiey must conine themselves to the issue and nothiog eise. They attempted that, owing to the lapse of absence of Witnesses, might The ateinpt was to prejudice the jury, thouzh that could never be don Bat whether 16 would or Would nob it was hits duty to keop ito Supposing the witness should say as @ part of conversation tas MeFar and refer io a Collision thal took place beiween bin and Kichardso n three earsago. If they dit net take the ground (hat Farland was the aggressor then it did not serve the purpose of the prosecution, He (counsel) did not call for this conver-atien, and th: Court was entiied to limit it. He characterized the attempt a disguised effort to do that which should have deen dune before the prosecution rested. He submitied that the Court was called upon to aet judicially and with humanity on this question. If Mr. McFarland commitied a crime three years @go why was he not indicted for the crime? Becatse it was well known thatif Richard. son was brougat into any court room where Mc! land was imp im an indictnient, Rici owing to the yublic feeling on the subj never have left the court room alive. Now the pros:- canon wanted to revive and resuscitate a matter concerning which no pr rould be given on the part of the defence witnesses were ili dissi- pated and seattered, The question was, whether under the pretence of the sanity of MceFar cou! pat him on trial for that which the; twist into criminuity on his pari, when y mid be impossible for him to esiablish his de- haige. Jourt said that was not the present case. sel submitted that the prosecution wanied to show malice ug @ part of thelr case. The pro: tion could pot res! their case and then show malice, ‘They wanted to show thai the circumsiances of the killing were characterized by matice. In this case the prosecution elected their own ro: and relied upon the circamstances as exhibitory of malice. Counsel cited the case of McCload, and relied upon the decision given therein that the prosecution could not enlarge upon the case when they came to 4 re- buttal. District Attorney Garvin satd that when he opened he did so believe that this Was @ case of murder. It ‘Was enough for tie prosecution to show that: man went into # building where another man came every day for his correspondence, Withiu' a word toa human being the map placed himself belinda giass Partition commanding a fall view, and waited fitter: Tinutes with a pistol in his pocket. When the otier mancame in he waited till his back was turned and then fired and = @ischarged the fatal shot. If that was not @ case of murer, pure and simple. without a single qualifying fact or circumstance, he would lke to know what murder was. There he rested his case, and if there was any fact in the trial on the part of the de ence or on the part of the prosecution which went to exonerate ‘he defendant from all re- sponsibility for a crime that was to b» consiaered by the jury as a matter of fact. ‘rhe d-fence did not deny the Killing, The whole course of the examina. tion showed that that fact was admitted. It was conceded that the defendayit was the man who fired the pistol and sent Riciardson to his grave, an‘! the ‘efence insisted that he was not responsible beciuse he was insane when the transaction took pls He (the District Attorney) had not hitnerto objected to any evidence that would throw light upon the case. He had gat there for ten jong days during the p:o- gress of the defence and had been denounced he- cause he was p:osecuting aman he was bound to rosecute as the prose*nting officer of the county. The counsel for the ‘iefence would have been under —TRIPLE SHEET. can batter down the defenceof insantiy I trust your meoee wt xe Shared ereion latitude and open the ‘oors as wid ‘es swing back upon ther hinges, so that they may enter and exhaust al! the proof tuey can produce. But to try to dig down this mountain of proof by getting in some isolated matier: tat, instead of strikyng home to conviction, excite prejudices aud bas, and which oftentiines overwbelin the mos’ conscientious judgmeni—againel tia it is my jauty to take @ siand here ant to ask your Honor to in er] and arrest ae prosecution in the career they have set before etn, KULING OP THR COURT—THE QUESTION ADMITTED. The Court on ruling on the question saluz—Lt bs eminently proper that the Court, In. considering ened determining the question, should not lose sight of the question out of which this diseussion has arisen, the q 1 proposed by the Distriet Attorney is, “Did he (meaning the prisoner) tell you anything about the shooting, and if so, state it? Ob- jection to this is mace by ‘counsel for th defence on the ground that the answer, however responsive” it might be, was @ matter which should nave been given to the jury by the prosecution belore going toto the deience, | But it was impossible for the prosecution to have fore seen what would be the specifle character of tue de- fence, It was not known to the Court, dnd it must be assumed that it could not have been known to anybody bat the counsel for the defence themselves, It was only in umbent on the prosecution that they should establish, as they did, the mere circumetances of the killing, I cannot conceive it was the duty of the District Attorney to go further than present the facts which, In his views, supported the counts in the indictment for homicide, Now, the jaw presumes the normal coudition of all men’s minis to be sane. Here the defenve of insanity is interposed, and in order to sustain thot plea of insanity evidence 18 d- duced by Various parties—eighty-oue witnesses in all, the grevtest portion of whom hive been called to testify to the vcts, conversations, munner ant appe: '@ of the prisoner, more particularly for the last three or four years, it being contended by coun- sel for the dee@ice that this delendint has a. hereditary tatat of Insanity, which insanity was Bs iperinduced by dumestio afflictions through which. he his labore! tor the past fe ears, Thatia the present position of th» cas low, if the plea of not guilty hal heen morly put in by the def-nce to this indictment, then the trial would have pro--eded, it would have been tne duty of the Distr'e: At- tarney to show everything to sustalu the Killia assuming tie grown of de , jastfable homicide in self-defence of the various defences thas might be interpo-ed under that ph Bat i was pot nec ssar tor the detence to interpose plea of insanity, bi ‘y have done so in this ease, and they have en- avored to Support it for the last ten days by the production of various witnesses testifytug to the dis position and the various acts ¢ ling over the THE DARIEN CANAL EXPEDITION. Latest Intelligence from the Exploring Partice~ No Practicable Route Direct from Caledonia Bay to San Migue!—Exploration of the Sas sardi River—Progpects of the Future—The Ca- ual Treaty Before the Colombian Senate. UNITXD STATES StORRSHLP GUARD, CALEDONIA Bay, Maret 5, 1870. A little trading schooner trom Carthagena. bound for Aspinwali, aflords to-day another of Ube rare ope purtuniues—“like augels’ visits, few and far bee tween” —for whica the Darien expedition must v@ thankful as the only weaus of communicating with the outside world. Saunders’ express ant mule train is “an institution” much more reliiaple than ang of the passing schoovers ou which we depend for & seml-occasional chance of sending letters to Aspine wall, to be thence forwarded lo New York. Saun- ders train arrived at Nipsic Point @ few minutes ago. having made the distance from the new and picturesque camp ou the Sucubit river in tess than #ix hours. Almost simultaneously witt the arrival of tits tratn frota the “interior,” our mails from New York via, Aspinwall, reached the Guard, ‘Phere w ame only to say how heartily our letters and news. papers were welcomed and to add a few items to our last despatches, On tie SIst ult, a telegraplic despatch was sent to Nipste Point announcing that the surveying 5 under the direct lou of Lieutem&nt Schuize Mr. Suilivan tad at length reached the summit of the dividing ride between the Atlantic and the io: slopes, The ascent to this narrow ndge was more dificnit than any previously encountered, steep and Lotisome as almost all these hernis had proved. ‘The greatest elevation attained by this party har been 1,276 feet. Descending the Pacitic siope the @: plorers reached be.ore nurht the Sucubti river, whict. had already been forded once on (le firs! excursion under Commander Selfridies 1a person, direvtly alter: We had auchored in Cale joula bay. It has now been estwhlished ihat the Sucubti river, romning: twenty feet below the site of the new camp, iuelf 655 feet above the level of the and iis sources mus! be very considerably higher, so that the prospect of opening an imlevoceamic, canal direct from Quled bay through these almost inpassabie mountains to San Miguel bay scems at present suflcieutly “liu, distant and andetined® Towever, the exploring party having lett Ensim Raton and a small force af the camp um the Sacubti,, greaver portion of ti: If it be compe- tent on the part of » show these facts, to show the insane condition, as is claimed, of the mind of this man dor ing all this time, gad to be ilimtrated and exemplified by conversations w women, with commissioners, with doctors others, 4a it nosfair and just that the prosecution should be permitied to give in evidence conversations lad with other persons, Wich, in the opinion of the prosecution, would ten) to show that this man’s mind was in a sane con:ition at the time the offenwe Was committed? | aim free to say that were the or dinary defence here «rising under the plea of not guilty I would no’ permit ar this time the evidence now offered in the case, But [ believe Tam entirely Justified in permittns the testimony, and my con- scientions conviction i+ that the question Is proper and should be answered. ception tuken, Tt be'ng now past four o'clock tho court adjourned till eleven o’cl this morning. CENTRAL AND SOUTH AMERICA. Affairs in Colombia, Peru and Bolivia—Cuda Recognized by Colombia—Church Robbery in Panama—Pr:spects of a War Bo- tween Peru and Bolivia. from Aspinwall April 19, ar- rived tn this port yesterday, Her weasnre list foots up the sam of $53,535. The sis meagre from Doth Central and Souk America, The only feature of importance is the prospect of a war between ‘The steamship Alas) Peru and Boltyia. The following ig a synopsis of the news:— COLOMBIA. The sub) of allowing General Mosquera to re- turn home from exile is again before Congress. The General refuges to revurn unless his pension of $12,000 per annum ts allowed him. This has not been granted, so if the Ge: keeps his worl will stil remain absent. The pill recognizing the belligere: rights of the Cubans has passed a third reading. United States Cousal ir, ab Panaina, lias got himself into trouble. He bad a dispute with the Postmaster regarding the delivery of mails for the American Consulate, when, if is alleged, he struck the Postmaster @ blow In the fac. Asiort time after the outrage was comuitted he ‘Was arr by the authorities and sent io Payta in irons. cathedral of Panama was entered hy burglars on the night of ihe 17(h and valuables to the amount of $4,000 was s:eien from the altar. PERU. Things look stormy In this republic. The prospecis are that & war between Bolivia and Pern will sii be inaugurated, ‘Troops are being sent to oceupy po- sitions on the Bolivian fronticr, The cause of ali this airiges from repeated acs of Bolivian commanders Invading Peruvian territory and committing ont rages thereon. . The matter has been laid | fore the govern of Bolivia, but nor dress has, so far, been given. ‘General Auic- sana, the Bolivian commander, was charged some time’ since by his government to exterminate certain rebels, should he find them; but not being successful within the confines of his own country he crossed ovel ruvian soil, and there commenced an indi stinghter of vian Indians, after wh turned their homes and retired. This 1s judged suit us) for the present warlike mov pnt Balia is determi to farthest limit, unless Bolivia makes redress for the 8 of her soldiers, BOLIVIA. President Malgarejo, of Bolivia, is in a very precari- ous state of health, and considerable anxiety jx felt for his ery. iis thought that his death ‘would be the signal for a mumber of ambitious demagc to rixe and endeavor to fl his place by plunging the country into revolution, Taken altogether the sitaa- tion in Bolivia is ie THE STEAMSHIP CLEOPATRA. Her Arrival in This Port In Tow of the Steame sbip Saratega—How the Passengers Passed the Time on Board—List of Her Officers, This steamship, concerning the safety of which the latvier par! of jas, week there were serious doubts, arrived m this port yesterday morning, about daylizht, in tow of the steamship Sara- toga, from Norfolk. Notwithsianding the accident the same obligation if the people had been foriunate enough, when he ran fur o.tice, to have se ‘ured his services. And it would have peen a blessing, because no better one conid be obtained, But the people saw fit to reject him. Counsel for the defence had him-elf prosecuicd cases in this county from time immemorial as privat: counsel, and yet he talked as if ii. were a sin to prosecute a man for killing fellow ian. Im tie cave of Rogers, where he was in the last gasp and was dying in agony, a @ jast re-ort his adversary appeared an argued the case alove for mur- der, Was there anything wrong in that? He had a right to do tt, ana he reversed the jndgment ot the Supreme Court and the man went to his dean on the argument. The counsel also prosecute! in the Fries cnse and also in the University rape case. There was nothing wrong in it. He (the District Attorney) referred to the matter to show thai the counsel for the defence had stood In the same po- sition in which he now stood. The defence :d- mitted that the prisoner bad done tne killing, and contended he was not responsible, The District Attorney earnestly submitted that the prosecution had a right vw answer the proof put forward by the detenc ARGUMBNT OF THE PROSECUTION. Judge Garvin ended that they had a right to bring anytuing forward to show tie state of the pris- oner’s wind at the time of the shooting. There is no doubt about that. If the rule contended for by coun sel ov the other side was the right one all the defeuce in any case of marder had to do was to show by evi- dence that the accused was insane and the haw nd the prose cannot give cannot reach Ih duce similar evic the acts, the con- versation: cannot show what the accused said or dtl duriug thls pertod in which th nity existed or tncnbated or hey say, you must first show that before you resi the case, This 44 not the true rule, and there is no such rule. They suy they can show insanity and the other side cannot answer it. They may show any. thing they please and the prosecution canuot answer it under this rule. We havea right to an- swer them. We have a right to show he was a sane man, The law presumes he was sane, and if he is Imsane they must produce evidence of the tact, and we hayo aright to produce proof to auswer them and preve the sanity. uly question for your Honor to deade is whether this line of evidence is rightand proper. We contend it is, and we conti- dently await your Honor’s dectsion, Counse! for the defence, m following up his argu- ment, sali:—What judge has not seen with what Tecklessies8 some witnesses swear the neck of a fellow being tito a noose? What julie has not sat appalled as he contemplate! the «disregard watt | 3 which some men have trie! to deprive persons of | 5 their liberty for the term of tieir natural lives’ You Might jook for such deviation of principle in some: case of trifling importance, But, strane a8 it is, 1f 18 Only too true that on greater occasions and most solemn issues we find more ready and pilant tools to varry ont the designs of the pros tion and in ministering to the ambition » cruelly, Knowing to what it om it was all to stand--it is my to take my stand here, raise & shieid between this man and the evidence that may have been fabricated siuce (he prosecution for a spcclal purpose of meeting the overwhelming so! this” defence now songht to breughy hy So JAP wethe pr gReyutign to her machinery, whieh occurred a 7 rdeparture from Havana, and her consequeni! e led vovage and the perils to which she was subjected, the rs on board, nombering about thirty, were fowid in the best of spirirs, ayhough the Ingubrious journal of this city had written their obituary notices, and occasioned some anx A ty therepy. ton bowrd short: i fer the vessel's arrival at ¢ she will discharge her ot mueh interest. The pass ve with the showed large cargo, was 0 were making p! greatest alacrity, but 3 that with the joy of the moment felt sad to part wilh the officers who, lye the weary hours spent on the ocean, had endvayored to dispel ail gloomy forbodings t Row and then cast a shadow over their fuiure. Several of the passengers aided not @ litte tn this happy re- sult, a8 among them were the circus troupe of Messrs, Sandford & Courtney, lone performing in Havana, and they in every conceivable charac. ter of pleasant performance caused many hours to pass pleasantly away, Which otherwise possibly might have been of desperate anxiety. As treight ti ame along with the troupe the 1 bear Samson, whose unties were at times ¢ as keen relish as if the entire audience had beeu saiely oniand and were spending an our or two in i 4 Captain Wilkins, that ov the 16th instant fell in witht them disabled, and lowed them some 300 miles, but won ksows no bounds at the inhuman treatment received fom the steamship Virgo, a this ca not be appea-ed The damage done to the machinery of te Cleoya- tra, although no! of a very serious characcer, Wii! ae Cessitale ® general overhaniing, whien will require | severa! days to eff, The officers of the stermehip are as follows: Captains. F. Puilips. First Oficer—J. Brown, Second Opcer—Wm. Steven, Chief Engineer—J. '. Felton. Assistant—), McDonald. Purser —J. Burro). Chief Sumard—D. McCleary. TA OATH OF JUOGE RUSSEL, ‘The deat) of ex-Judge Abraham D, Ye-terdoy afiernoon the sub ect of inves fore Coroner Schirmer. Dr. Henry G, Piford, who saw the Juage on the pight of his death certified ise of death Was apoplexy, bal whether brain or lungs Was) not Bet 1. This not being sufticiently explicit tor the Board of Health, the matter was referred to the Coroner, leaving hina to take tie responsibilty. No aliernative being jefe to Coroner Schirmer he proceedat to the d ige ot his duty. Drs, Cash. nan and Finnel ma autopsy of the body, and found that pulmon: apoplexy was the cause ot ‘ath, suc: was the finding of the jury. Ne odunghter of the de-eased Judge Was called to give her e@ fence, but she was so overcome by her feelings that sue was excused by the Coroner trom teattiving, inas much the testimony of Dr, Piford aud Eliza G Srey, the domestic, who beard Judse Resse! tall aud “him from the floor, was all the Jory required, @eidy Jrgua faa) wiyen by Wy MGdIGA MoutoMyE, is now pushing Vigorously on towards the Chucus naque, escorted by Major Houston an?! Licutenans Goodsell, with their marines, A portion of the marin Sassardi exploring party, whieh has tus iar encoune tered less diflculties than the Sucub'l party. tenant Hubbard and Mr, Mossman, with their eq panies, ha Iready travelled nore tian aine miles through a delightful country, passing trough canée brakes and pica ene of cocoanut trees, bananas, plantains, alligator pears, cocoa, &c. M MeDoweit. Will begin to-morrow the construction of a telegraph Jine from Sassardi. They lave seen several villages on or ni though some of the Sassardi Indians had dec ere were no Villages ta be Ht the head waters of the Morti river A short-sighted Sassardi Indiany who is suid to lave suggested the other day, white frie liappened to be surrounded by sd be a dine opportanity to kill hin the ships go away,” Was promptly ie neighbors. Tue Tndie in their professtons, disposed Lo. encourage to cross the isis, Some imore Wil+ r + to neces but they, ax Well as thelr more: interior, ously hide away of strangers. tained by the Sasserdi ex- “, which looks encovraging. force accompanies the Ve them, and thas mak everriled by is more se friendly “that iow cous! Leds arc psa than at first ou frat Dloving party 1 Bat they only bevinnlag to get mnto bre Moun- taiiis and cannor yet te!! what Peilons on Ossas are pled up beyond. The amy weather 19 airealy the tim ys of threatening to eurtat presen! proliminary sur advantagvousiy made daring whteh the the istias can be Chacugaqgne the Preparing to War With the Exp: Savages Disposed to be Friendly—Progress of the Work of Exploration. Falke Rumors of On Boany tHE PSI0, OFF BASSARDI VILLAGE, CALBDONIA WAY, April 10, 1870. ‘The Diana, Captain Castillano Hava, a schooner of six und three-quarter tons, chartered by Mr. 8S. W. A, Jackson and Mr. G. 8. A. Sclroeter, agents of the Boston Ice Company at Aspinwall and at Panama, we find ready to revarn to Aspinwall on our arrival “from the tuterior.”” We seize, therefore, this op- portunity of forwarding a brief bulletin ‘from tue Tront? On Trevday last the party, under command of Major Housion, made eight mies safely on ther route to the C aque, svariing irom the camp on the Sacnot], They ho yubtloss, ere this reached their desauation. A “rumor of war, shy on the day afier their deourture, reached the Nipsic, that 100 Chucuanque braves were on the warpath to oppose their progress and bent on destroy u first the Nipdic ani then “the big ¢ ” ard, dwindiel speedily trom 200° ty waritors, and to-day a deputation of Sassardt Indians, who have all along seemed frienily, bas gone to assure the Clucnnagne Ln lians that “the Americans ure good frends, and that they must be go likewise.” The Morti Indians, who maintain more intimate relation; with the Sassardi Indians than «appear to ex's: between the uale- donis i} the Sucubdti Indians, also seeng to be friendly. liven the Sacubts have shown more @micavle dispositions than had been anticipated. At any rate, a consideranle number of them have voluntarily a companied Major Houston as a sort of “Hard Jack escort.” One of the Mortis, nas, per- haps, indicated a solution of tue problem by saying: that “when Indian drink whisk-y he want to fight; no whiskey he want to stay home quiet. * The Sassardi exploring party, under Lientenant Huboard, Ensigns Jasper and Moser, and Mr. Mosman, has foilowed up the Sassardi river from its mouth, across the Cordilleras, to the head waters of the Morti, which ows inio the Pacific. They find that the Morti ts out tm jongitade aout four miles; In other words, Is four mies further from the Atlan= tic (han it was inarked on the best Spanish and Eng- lish charts. ‘fhe dividing ridge was iound to be very narrow, and the distance betwoen the head waters of the Sassardl and those of the Mort! was ascertained to be only 1,000 leet. After completing the recennoiasance to the Cha- , Bul that to the Mori, @ survey will be M ito the Chacanaque. survey of Caledonia i Li continued under the direction of Captain Lal, of the and men on boi the Nipsia aud the Guard sematy encouragingly good, The Canal Treaty Betore the Colombian Sen- ate—Objections to It by Seuntors—Propesed Modifications. PANAMA, April 18, 1870. The news fro Koxola ts very interesting, It gives a fair idea of the spirit in which the Canak treaty is veing reevived, and verifies what I said in a previous leiter—that it would not pass without oppo- sition. The discussion on the second readmg of the trealy Was to coninence in the Senate on the 17th of March, the he mail lett, and is Likely to be: more animated than tint On the lirst reading, if one we from the opinious of the three Senate appointed as & conmnitiee to report on the treaty. Fromm the Derecho, of Be of the 11th of March, T aie! 1h commission to report voveanle Canal treaty have not been able to agree, and excl: one had presented # separate report. General Horvat ything to object to im the treaty, as presenter snate, busin? 18 Opte niou on the following reasons:—The United States government dione could undertake such an enter- prise, nud obtain’ the amount of capital required for its completion, The alliance with the Unived States Sor the purpose Of maintuuing the neutrality of the canal, and defending the rhents of the treating ai Mes, entails no dang: the Unite d States of Colom. bia, the Uni States beine a pation more anxlout for commerce than cong ‘The objections no- ticed in the canal weaty of January, 1869, have been attended vo in and that of this year, it would be impolite to disgust the United Ey son by discussions which could only tend to force her to look elsewhere. The only objection the General had io We ters of the treaty was that he thought the t sum to paid Ww ine United States of Colombia in case the canal shouid nov be made was too small, Dit this cou 1 be att-ndet tytn the discussions om the second reaaimg. Dr. ie) Mojas agrees with Genera) fMerran, ttt the treaty should be agproved, but with tbe | Jollowing thodilications#s:—15t, An assurance that the Cnited States Would not open another canal at ang other place during tne term of the priviloge; 2d, The pecuniary invowe from the canal to be assured to Colombia was mo:e favorable in the treaty of last beets 3d, The guarantee of the neatrallty of the Isth- Mr. Martin thought that the treaty in lis preaenk Torn could not be aecepted, and offered on the second kag to propose the modifleations requived to MaKe 0, {t le Ageless RoW to speculate on the resuit of all tis twaddie. One thing is certain, if it is decked that the construction of a ship canal across this isthiaus tg feasible and that the bess route foc tt ts only through the State of Panuma, it is only necessary for the United States to guarantee the accomplishment of tie gieat undertaking alt Panama will have acanal whe her tue Wiea-Tos ab Bogotu will tt or not. The United Siates er Nyack arrived in the bay ot San Mizuel 12th inst. to co. on this side with the surveying party. Imm om arrival there a bout was cespatehed to With the majis ond ar » Nothing: had then been Miguel from whi vty on the other munander of the Nyack will rem wtel ijl the mindie of May, miners We Boe * ) the contrary. It is bie Intent | lar matt commmanication with Pan T Us purpose he Tas chartered the it ry inoa, Sho will also be useful Ine he diferent rivers euterig into gull of San dew yes