Newspaper of The New York Herald, January 26, 1842, Page 1

Newspaper of The New York Herald dated January 26, 1842 Page 1
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TH1 V?i. flk-a?. SU^Wkel* la. lOflO. COLT'S TRIAL. Court ot Oyer mid Terminer. Judge Rest, I'kks?di?g. Sixth Dav?Tuiidav, J a* 26. The iitertil of this singular iffiir ?tili increases. "The Court room wii crowded again yesterday aa soon aa the doors wore opened, and so were all the avenues to the Civu't Room. There were a dozen well dreaaed ladies present in Court. The Court m--t at nine t > allow the jurors to go home for an hour ind meet again at 10 o'clock. Dr. David L Roger* was in attendance. Mr. W hit!kg first called Mr. Whiclsk.?After Delnoce slept in my rooms I conversed witl Colt about it; gave Colt that as a reason why I wished him to leave; it was the that Colt gave me the books as security fur the rent; on the 13ih of Kept.: on Saturday,Sept. lKtii, after he had returned my kev, which he borrowed, I again told him Uelioce slept in my room last night; he said " I thought I saw a light there last evening," he immediately corrected himself and aid, "after 1 came in?but I came in very late."? He had b;fore said that he was out all the ufternoon; he saw the light, I presume, through ihe rack. District Attohxev.?1 now propose, Mr. Sclden to ask this witneas if Mr. Colt did not have a Coil's pistol in his possession a short time before the 17th of September.* objected,and askrd for the decision of the Court. Judge Kert? My mind is still open to the conviction of argument, Sir, but on examining the sub t last night, Sir, after adjournment, the additional attention I've given to it, has induced me to consider the evidence ottered by the District Attorney aw admissible. I'm still rerdy to hear you, however. Seldes?I'm perfectly willing to rely on your fiuour H JUUglVlCIll, III ilic o? Judge Kcnt then delivered the following opinion : Ji'Don's Ormmn. After an examination of the point raised last evening, careful astho ahor.ncss of time will allow, I have come to the Conclusion that the evidence proffare J by the probation is a Imissable under the indictmont. It u propised by the District Attorney to aJJnce evidence landing ro prove that the death of Samuel Adams waA:au*ed by a bullet proceeding from a pistol, and this he seeks to do under an indictment,two counts of which aUcgfJtho death to have been caused by a] hatchet, 0110 f which the two other counts allege that the prisoner did " etrrke ami cut* the deceased "with an instrument to the J urors unknown.' It is'impossible to glance over the decisions in the Kngltsh books, on the construction of indictments, and the adaptation to them|of evidence, without a feeling rising almost to itidignuiiou, ut the excessive subtlety and refinement which have been so often permitted to obstruct the course of justice, and violatethe dictates of reason and common sense. Until, however, the legislature shall apply a remedy, it is the absolute duty of the oourtto carry unshrinkingly into effect the decisions and established principles of the criminal law ; but ivj the present instance it is believed that the evidence oil fered is fairly within the spirit of the cases. [1] Under the two counts of the indictment, charging the death to have beuu caused by a hatchet, it appears to me that the doctrine of even the earliest and strictest writers prove its evidence to be given of death caused b* shooting. Thus lhwkini says [Book d,chap. 4#, ?37-1 " If one be indicted or appealed for killing another with a sword, and upon evidence it appear that he killed him with a staif, hatchet, bill or hook, or any other weapon with which a wound may tie given,he ought to be found guilty, for the suittnm e of Ike metier is whether he fare Ike fa< iy a wound of which ?- died ; and it is not material with what he gave it, though far form's sake it be necessary te set forth a pHrticular weapon." Vet (he a id*) it seems clear, that evidence of poisonins,burning, or fnmuhing, or any other kind of killing wherein no weapon i* used, will not maintain an indictment or appeal of death by killing with a weapon ; and that evidence of killing with a weapon will not maintain an indictment or appeal of poiioning, Sec., because they ?re dliferent kinds of deaths. This extract, f itting forth plainly the reasonable distinction of the early casos, contrasts most favorably in its simplicity and clearness with a modern English Nisi Prius case.?Hex vs. Hughes (in SthCarrington St Payne litCi which, in its unmeaning sophistry, seems to set reason and justice at defiance. Hawkins is supported, Hex vs. Maoally, 9 Co. C7 a.? Gilbert's Evidence, 131. Russell, in his Treatise on Crimes, adds another striki*( illustration '' It will be sufficient, if the manner of I the death proved agree in substance with that w hich is karged. Therefore, if it appear that the party were killed by a different weapon from that described, it will maintain the indictments; as if a wsund or bruise, alleged to have been given with a wooden staff, be proved to have been given with a stone" [I Husiel, 477.] In a Massachusetts case, [cited in the American edities of Mussel's Treatise, p. 487. note? and w hich I have act had time to trace to the original reports,] the doctrine and the reason of the distinction are recognized and enforced. The indictment in this case?The Commonwealth t>r Boris, trial in June, 1919?alleged the mortal wounds te have been inflicted with an axe. It was doubtful, upon the evidence, whether they wore made by an axe, saw, broom,or some other instrument. The rourt instructed the jury that "if the death was caused by the teoundt mentioned in tho indictment, it was immaterial whother the instrument used for the purpose was an axe, it they were given by some deadly weapon." There may be given for the distinction, that if the il-.i h he catssed by means entirely different in their natur and application, ond involving an essential differe:.> in tho time, place, mode, snd other circumstances of the., development, from those charged in the indictment, that the latter is not supported by the evidence. There may > e justice in the complaint of a priaener charge 1 W Its itythhinn onlv. .U.i at Lin,r ..rnjiir..,! (il ?o the doc'easi ,1; for the latter i* a secret crime, .' per. tingoften slowly and after long intervals of time. H-- n,?y he surprised tijr th? evidence, and surprise is the only meritorious bond of the distinction. But the prisoner can hardly, in any injnrioualy surprised dy evidence of shooting the deceased, when ta- charge is striking with a hatchet Both imply vioV-uc .instantaueoas in its applioation.end simultaneous. ill t.u e. " to sides, if a person charged with killing with a d-.{< r, may be proved to have killed with a bludgeon? if on- cburged with having killed with a club, maybe pro veil toh vellUedwi'h a stone?i/thesubstanco of ll e metier ta (in the language of Hawkin's) whether he gi .r,thr ptrty a weund of which he died - what prin ciji ..loui.i support a distinction, which shsil present a ha-x* of killing with a hatchet from being supported 0> Cidii.g with a pistol i To - mod* in which the principle ia lai 1 low n in the boo'. e- nfirms this view. " If tho species of death be diler.-iit ;,s if the indictment allege a stabbing or shooting, an I t.i>- evidence prove a poisoning orstarving, the variance would be fatal." .dichihmld Criminal /Trading, 383. See also, Rex va. Martin, 6 Carrington and Payne. l'-'H. l l] H it is not this evidence udmissablo under the two oounta 1 alleging that the priaoner gave the mortal wonnJ I y ' tlrikint and cutting," w itli " an iustranient to the- J iron unknow n? ' In th argument, the counsel for the prisoner objected that the worda tthking and cutting" did not apply to ahootir g, aa the force in the latter case was the mult of an intermediate agent, i.e the gunpowder which was only limited by the action of th-> prisoner. Such, at |"Mt. I understood hie aigumentto be. I b?;.eve the law of pleading regulating indictments, reamers only the word -'striking'' to be inserted in the indiclaieat?the other word, " cutting, ' if unnecessary. B it toe word " ttfikinf"?' percuss*/," in the ancient plea I.rig? is a word of art appropriated to the description nt external violence. (Hawkins, .took J, ch. 33, sec J-l. 3d. Chitty's Criminal Law, 751. note d ) It it it ia equally clear that the word " finking" ia used, and ia alone sufficient in those iudictmvnti which d. scribe, with particularity too, the murder as caused by shooting with Are arma. f8ee all the precedents of indictments for shooting and wounding, 1 Chitty, c. l, 7w, Ike. If, than, there ia nothirg in the word " striking" which piecludes evidence of shooting?but the word is correctly used by the pleader for this purpose?why may not avidence be given under the count descrili ing the wound a a caused by an unknown instrument 7 r 11 e count it surely defeasible, it the jurors cannot now tne won 11J wai given. The idea is not tot)-* tolerated, that, if a case of homioide should occur -?f which the operating cause ceuld not be conjectured, that therefore it should go unpunished And If auci. >n indictment be good, nnder such eiicnmatancea, would it not bo supported hy evidence, which shall subsequently diooover the mean* which were unknown' The pleodtr may deocrihe the wound aa inflicted by an aae, and prove it to hare been done with a atone?may rhjrg'-it aa commitlel with a atiletto and prove it to nave been commiled with a broom stick This ia sotrl -d law. May he not then, according to the fact, charge it to ham been done with tome unknown instrument, j..d then, at the trial, by aid of scientific skill, or de i.imUpmenta of tine, prove the real instrument' If urprise upon the prisoner he the controlling reason. iWW much more ju.-'ly may the latter case he supported a an the formci 1 The prisoner charged, totulem verbis, with killing the decease 1 with a sword may much rnoiv plausibly complain of the admission of ptoofof killing by a club, aa an offence he had not notice to reaiat, and Which sontra bets e\,<rea?lr the written charge, than he can object, under en indictmsnt in w hirh the prosecutor admbs his ignorance of the instrument of death, la proof of -li weapon with which this woun I was inAloted He was net misled by the laat charge -he may hart bean by the first. The Ceun admits the ti-atimony otfen ' I iibss said that where the prosecution laid the i depth to have b en oocasioned by a wound on the 1 right side of tlie head and the death was proved to ho occ i-tnneii by a different kind of wound on the Wt aide, that tvou d he fatal to tho indictment He, M^thc prisoner's counsel did not wish to be met hereafter, by saying that the point of the description of iho wou.iid was not arguad or disposed of Sy the CwoK, 3 N E1 NEW adjudge Kerr?We're not likely to forget your argument, tirMr. Kmmett excepted to the ruling of the Court on thif point of the pmtnl Wheel** examined?1 think it was ontlie 13th of September, in the evening of that day,Colt eaoie to my room alter school was overjbe talked about bis brother?I asked him if Mr Colt, the iuventor of the pistol*, was a brother of hist he said he was He aiked me if I had seeu any of hi* pi*tol*1 1 aid I had not He replied tbat he had one in bis room, and he'd go to ft it. He went and got one, a id returned with it to niy room. The pistol had an elegant pearl handle, and had lire or six barrel* on a revolving cyleuder, or one barrel and six cvleuders?was a beautiful piece of workmanship? the tubes or barrel* were four inches long. He also showed toe a very ingenious apparatus for loadin/ the pistel?it had his brother's name an it a* the maker. Never seen that pistol afterwards. Crast-examined?The man 1 saw stooping down in Colt's room, bending over something, was nearly close to the west wall, about half way between the door and the window, and hi* back was about opposite the f'ddiug doors Could not bring my eye so us to see the feet of the man?think 1 saw the lower part of his head. The revolving part of that pistol was about four inches long, and one and a half inch in diumetar?(a tumbler shown)?it was a- long as that glass, and all of one-third less in diameter. (He mjrkeda circle of one ineh nine sixteenths in diumetar ) The revolving part must hare been 4 inches long -it might have been only three inches?it might not have been as long as that glass, oh,certainly it mu-t have been as long as that glass. The whole instrument, from the end of the handle to the end of the muzzle, 1 should think was 8} incites?11 cotuu mil nave vcrieu in lengtn one quarter from this statement either way- 1 don t think the pistol was taken apart. Think I took it in my hand. Did not see it operate: be was fifteen minutes showing it to me; I look particularly at the t-leganre of the article: if it had not a pearl handle, it had a good deal of p arl about the handle ?I'm pretty sure 1 think it had: 1 was very often in his room, htid he often iu mine ? I was oltener iu his rot m: this i-howingef the pistol was about the third or fourth day before the occurrence of Adams' drain: 1'ee never lost sight of this fact: I never told it to the Grand Jury: 1 told this to Mr. Whiting last Friday: I told this fact to Mr. Justice Taylor a very short time after I gave in my deposition: I think I did mention it injustice Taylor before 1 went before the Grand Jury. [A Colt's pistol was shown to him ] 1 think the revolving part whs larger than that one: 1 thought the barrel revolved with the drum: 1 thought there were several barrels: my impression was that there was a succession of barrels. [Here the witness got most pretty effectually confu-^ fused and us d tip about the pisto', and said he could not remember any thing detinue about the pistol that he would swear to under oath, and that he didn't care any thing about the pistols. Heat last remembered there was a pistol there which he looked at far fifteen minutes, but could remetn ber nothing else, althsngh he remembered thedaie and conversation, and every thing else, minntely ] My impression is that there was u bundle of barrels, and bv pulline the trigger the barrels ill revolved, and the pistol was cocked: I also think there was a cylender part to that pistol. [ l'h ' witness here took the pistol in his hand, and at last said he would swear that the pittol he Site had nt otie barrel to it; but he would awrar to nothing more, iierl there was general laughter in Court ] Witness.?The barrel of that pistol was four inehea. [The barrel of Colt's pistol is about six inches.] If anything of this kind occurs again, I'll be particular and measure the pistol, so as to b-* tare time : my impression i? tbat ihe barrels revolved, so there was no necessity of any thing between the barrel andthecoek: there was certainly a ceck to that pistol. [ Much laughter.] The pistol was attempted to be cocked in mv presence: am not sure whether the name of " Colt" was on the pistol, as the maker; or not: might have told Justice Taylor about this pistol before th? arrest of Colt?can't remember that, bad so many things to remember: 1 made a statement before Justice Tavlor under oath. Mr. \Vhitiho objected :o asking witness what he swore to before Justice Taylor. The Cocht said he could not be examined as to the oath. Mr. Whitikg had no objection, if the original allidavit was put into Wheeler's hands. Affidavit was put into Wheeler's hands. ScLuxrf read from the affidavit that Wheeler then swore that the noise in Colt's room sounded as if persons were fencing, nnd one had pushed the other, aud the other had fallen. Witness.?i believe I said tbat; the allidavit if sworn to Don't know whether 1 got tfie key to Colt's room op the night of the 17th or morning of the 18th. I (remarked to Mr Wood at my housa tbat night, that i should like to get a look at Colt's room; and he gave me a key at my house either thai Friday night or Saturday morning Ilookel in at Colt'i room between 9 and 10 on Saturday morning. Can't say whether 1 then had beard any th ng about the moving of the box On reflection, 1 think that Mra. Octon, or Mr. Octon, or Mr Delnoce, had told me they saw Mr. Co t moving a box 1 must have had information that Colt was out, ot I would not Iwvt ventured to have oftened the door. By a Juror?1 did uot hear any sawing in that room at any time previous to t at Friday, or at any time. Mr. De L\Forrest examined? I bought two of Colt's pistols for the Prince de Joinville; (pistol shown,) it was not so long as that, lie wanted the agent otColt's company to give^hiai something very irnnd tie brought one fin* nil* ami on hoard lha Belle Poule we fired a Colt pistoi, irith it rap only, and tne ball went ItiO feet alon<? the deck, struck a baid board, and rebounded twelve feet; a ball also was sent from the pistol at a distance of twelve feet, elrar through a book (Hrussel's edi'ion) of lSj pages, with a cap oaly. That's all. The noise was very trilling. John A. UwdeRwood ttamintd?Is an Alderman; has seen experiments made j with a pistol shorter than that I've called in the Patent Arms Company's store, in Broadway; have often seen there a ball sent from a Colt's pocket pistol, with a cap only, the distance of 25 or 110 feet, and half imbedded inthe board I consider this Colt's pistol the very perfection of fire arms The principle is, that the cap is applied dire tly at the end of the breech and there is no angle as in other fire arms; and the percussion powdar is applied directly to the ball, and act with more force than in any other pistol. Sr. 1. nr. n?Does your honor'understead it* Judge Kent?Yes, and admire it ton. Witness ? Havetrtest experiments with Allen's patent pistol; there the cap is on the top, the force acts at right angles to the charge; it does not act with any thing like the force of Colt's pistols Dki.avan?Alderman, is the noise of the clashing of foil* any thing like the snap of a pito'a^cap. Witness ? I can't say. S| Jt-aon?Would a revolving pistol kill a man a cap and ball only at the distance of 6 feet' Oflicer Dennison rxaminrrl? Saw the box and body found on board the vessel When the box was opened, and the first cloth took off, I saw something like several pieces of salt ; I said to some one standing by "that's salt"' then I saw about a handful of it on the other cloth; and when t he second side of the cloth was taken up the salt fell down alongside of the body, ft trvi* roarer nnlt' t'roen unmmnl?Whea the elothes were lifted oil or thrown back, the salt fell inside the box. James Shobt rxitmtnrd?(a miserable sonde* script looking character, four feet high, was pet on ths stand ) I washed the body; I cut the rope frem his right kaee, and the neck, and took the boas* from out hi* skull, and washed them and give them to the doctor. It was a very thick rope and herd twisted; I washed the body after the doetors ex amined the body. There was salt about the body : ml... I n..f : ,k. I....I, ?? .u..U it I.J I thing like lime ; there wu enit on the body when I waah*d it I couldn't aay, to tell yon the truth. but h* tran kiHrA 1 couldn't tell how much oil wet put upon him, but lie wee felted, to tell rou the truth I gave every bone to the doctor, end he *et them ell down on e piece of paper. The firtt piece wet ebout the breedth of your two finger* 1 took three out at any rete; out from (he forehead I taw both eyesin the heed when I began to teke the bonce nut. 1 eew no cut ebout the face or the jaw, only the cut in the forehead) hat was done by an axe or e hammer. I washed it directly after the doctor* had done. I put the body in e coffin, and forgot the piecee of hone, eo I took the piece of paper the bonee were in. and ran down to the bn ry in * ground, juat in time to put them in the grave. Cro%? ?jnwiMM?y?1 went down them to the burying ground (pointing to Ann afreet.) I don't know the namea of the atreeta here, beeatt-e I'm no scholar; I taw the aalt atnflall over; the bonea were 'aying loose inaide hia head. Yeaterday I got intothebox, and allowed a gentleman (Kmmett) exactly hew the body lay, with hia head on to one ?id- oftar box, and hia feet na to the other, and pat myaelf into the rame position aa near at I could. S?i ore?That'a all, Mr Short ft YO " YORK, WEDNESDAY <\ Jemmy Sii(#*t?Yet,and I'm very glad ot it, for it's a'l a fact and a very bad busine**. Keet.?Are vo* through, Mr. Whiting Wnn iso.?Yee, Sir. Kent.?You re?t. Whiting?Y'e?, (sir. Mere touie of the Juror* went out for a few minute*. On their leturn, John A- Morki ll opened the cause for the defence. Defence, Sami el Colt examined ?I* the brother of John C. Colt: i? the iuventor of Colt'* patent fire arm-: K perfectly acquainted with their principle and uie. [Here Mr. Colt wti a*ked to go through a serie* of experiment* with the Colt'* piatol, which he did 1 Jflr, Colt showed how the pistols were loaded: he then discharged the five barrels, and caught all the balls in his hand : his hand at the time was close to the barrel of the pistol : he fired the pistols at the hoarding near the judge's seat, and the bills all rebounded : the indentation was very slight : he then tlr.-d the pistols at a law book without the covers : the bail cut through nine leuves only, at a distance of fifteen feet, and left an indentation on twenty-four leaves: he then threw some balls by the hand, and they made about the same indentation. Witness.?These cap.- are ordered as " double caps," the strongest that can begot, for the purposes of this experiment. By a JtritOK.?If the ball was not pushed down to the bottom of the barrel t he force would be lets; it would scarce pass out -if the barrel. Witness.?These arc the balls that were used for those three experiments; (three balls were shown to the Jury,) never made any pistols but that size; all the pistols are made with five charges in a cylinder; the cylinder of the largest pistol is 2) inches in diamater; in making these pistols you must double your power if you double the size of your ball; in case of using a cap, the force ceases to act on the ball as soon as the ball escapes from the barrel; this is the largest ball?musket boll used for government service; it is 5-dths of an inch. The Knglish have u.-ed a bail fourteen to a p. unil, but tho.-c are exploded. The ha'f ounce bo I is exactly balfan inch in diameter. The ball for the 1-irg est pistol is 80 to the pound ; it is about 5-ltiihs of an iuch ; the next size i -9 32 parts ot nn iuch; the -milUst is exactly a quarter of an inch. (Several other experiments were made, with the same etlect as before ) By the Couht?It is impossible for a ball to penetrate the head from one of the?e pistols, even if the nistol be held close to his bead,if only a can beused Never made a pistol with a bundle of bar" rels. Several other questions were asked about air guns, but they elicited nothing. Dr David L. Hodrers c.ramiiierl?Is a professor oi surgery; Deen & practising; surgeon lor i? vcars. My attention often called tothe character of wounds on the head. If a ball breaks in the bone of the skull, the opening or the hole is less thau the size of the bell?as a general rule, owing to the velocity of the ball and the yielding of the parts. , Adjourned for an hour. AfsernooH Session. i Zabbiskic examined?Is a regular physician; 'was uoent of the Patent Arms Company for fifteen months; tried all the Colt's pistols at least tens of thousand times; often with a,double charge of pereussion powder; the greatest force I ever rot was by firing one of these pistols at a distance of thirty feet, so as to make it stick in a soft pine-board; I should say it was utterly impossible 'or a ball so fired, with a cap, to go through a man's skull; quite impossible. Crons-eramined?One of the great objections to the repeating arras, is, that it makes a elear, sharp, ringing sound, when fired with powder, more than any other kind of fire arms; a ball fired from one of these pistols, with a small portion of powder, might do made tn penetrate a man's skull, hut I think it highly improbable; the force would be less at two feet than at twenty feet. Hero IVihtimr proposed to introduce the scull of Mr. Adatus. Dr Gilmai*mailed?This afternoon the ciHin of Mr. Adams was taken out of the grave yard ; the head was detached from the body; the cavity of the skull was examined; there was uo foreign substance there; we examined that hole on the left side of the head; tuy little finger passed tn np to the second joint; the variation of the hole from a circle was about 1 1 24th part of an inch; the anterior table of the bone was depressed about onetwelfth of an inch, and on the interior table of the bone at this round hole en the opposite side there isascaling oft". It is inconceivable to mc how that hole was produced. Crottr examined?1 can conceive that it was poasible this hole in the head was made by a nail in the box. and by the body grating or moving against this naif. n.. ii'tl. _?:i i.. .i into the head, as it was driven into the box; and the hole might hare been ground out larger and larger as the body moved. The edges of the hole were slightly ragged. My opinion has been changed abont that round hole being made with a bullet; that hole is not such a hole as a bullet would make. I now consider it highly improbable that that roumlholt wan nrulr with y ball, because if it had been done by a ball, it must have beeu done at a very acute angle, owing to the form which that depression assumed, and a ball so striking a sknll would glance oil. A hatchet head, the head of whichwas no larger than that hole, would rnnke just such a hole. A poker with the end turned at right angles might make just such a bole Crone-eramined ?(He examines the holes in the piue-boarJ made with Colt's pistols ) The force tha' was used to make these holes would not cause a ball to penetrate tha skull of any man; 1 am positive of that. L)r. Rooms naminrtl.? Large portions of the skull may be driven in, and yet the person retain his sensibility; 1 knew a man whose frontal bones were driven in, and yet the person, by a fall ot a block from the mask retain his sensibility : 1 saw that box and the l#tle Irishman doscribed to me how Mr. Adams was lying ia the box . he put hit head where he said Mr Adam's head lay ia the box : his head then lay against the side of the box : just against u large nail that projected an inch within the box ; the nail was nine inches from the top, and twelve from the bottom : as the head lay, a nail might be driven into the head, and if the head moved a'ter that, it work on that nail, and the hole would become larger: this hatchet, (ha'chet produced.) if applied on the plat side might produce such a wound as described in this head of Adams. By a Juror?In both cases where the skull of a man was driven ia, both persons retained their sensibility. Cioni-Exmninfd- If the mtilulLi oblongata is removed,it will produce death Other parts of the brain may be removed and the man may live.? If a man received such an injury as this on the frontal part, and retained his sensibility, he would have the power to cry out. By the Court. If a man was struck suck a blow and yet retained his maseular powers, still ke might have nnt have been able to cry out. Injuries of some parts of the brain alfect the voice more than other parts, and prevent the person frem making a noise. Military works state that nearly half the hemisphere of the brain has been cat off by a sabre wound, and yet the man retained his sensibility. Heming's work, and Larry's work,and Thomson's work, mention this, also a man at the battle of Waterloo received a ball ia his head and liv? d, afterwards Thomson's work or Sinnlanation, mentions this t It occurred at the battle of Waterloo ; Thomson is a standard work. The District Attorjtev here examined Doctor Rodokrs very minntely about bow the man acted who showed him how Adams laid; but elicited nothing new. BvSsintx. A blow from a hall sufficient t? produce that indentation in these pine b lards, could sot srodses a fracture in a scull. H. Tiromsow rj-amintri. Went to Colt's room te look through the keyhole to see the angle oftbe vision obtainable there?made a diagram of it. In looking through the keyhole, the eye strikes the floor at a distance of Ave feet from the door Here the witness produced a diagram, and the Court nrilvred him tn tsalnia W >. !. i p .n.n ? %<u VII*3 .1 VII J . Dr. Htoroao fMwW-B??i a pracieinr physician since 1WW; if the frontal bone be broken in, suspension of life doe* not immediately or necessarily follow Very extensive fraetnrea of the head and In** of portion* of the brain have taken plaee, and yet sensibility remainBy the Cotrar?A man might receive anch an injury a* Adam* i* aaid to have done on the head, hare retained muscular power to hold hia grasp an if he had one, and yet hi* voice might have been aireeted or loat. Uv Wh itino?Hue ha blow a* Adam* received on the forehead might have been given by a mm lying on hia hack; thia hateh't u?ed on the flat aide might have produced all the fracture* represented to have been found on the head of Adams. The deposition of Lyman W. Hansom waa read r?Tf and f ovvrr o? Nr* Yoaa,ss Lyman W. Ran torn, a witness,prednced, sworn and examined J< kin' RK E 10RNING, JANUARY 26 ?.??, in the above came, being duly sworn deposes and says as follows1 reside at Brooklyn, am of the occupation of a merchant aud;oflhe age of 31 years. I am cbout to take my >lepartnre from this State on or before Monday next, anil to sail in the brig Atlantic for Havana, in Cuba ; I expect to be absent in the West Indies until next Spring. I was acquainted with Samuel Adams, priuter,late of the city of New York, doing business at the corner of Gold and Auu streets, and had known him lor two years or thereabouts. I have had dealings with said Adams at differenUiiiies ; hi' has done printing lor meat different times : he printed shook for me, and has done jobbing work of different kinds for me such as hand bills, ctrailUrs, <-c., the whole work done would amo ant probably to fifteen hundred dollars. A lams held a note of mine lot one hundred anil eleven dollais, being for the balance due him, which fell due about the lust day of August. Abort a week betore that note fell due 1 called ujioii sain Adams, and told hirn that I wanted him to renew the note until I got the return from sales of hooks, Ike , which were about to be sold at the trade sale. I offered to put the books in his i.Adum's) name . he was rather abusive, said I wanted to cheat him,or words to thut effect ; 1 found that he was not willing to renew the note and I left him. He called upon me a few da) s afterwards and 1 told him thai I had entered the hooks in the trade sale, that he should have his note or the amount outol the first avails. Before the trade sale took pl.ire I saw him a third time, und off ered him u gold watch oil account ol the note at one hundred dollars ; he dually agreed to take it on account of the note at eigntytive dollars; I delivered it to him, and gave him a hue bill, payable in goods, for the balance of the note. This last meeting rould not have been more than two weeks prior to the disappearance of Adams It was a day or two before the trade salo of books by Bangs, Richards and Piatt, in thia city, which was, ua I best recollect, about the twenty-fifth of August. The watch w as a gold watch ; the maket's name I think was Johnson, 1 do not recollect the number ; it hud au engraving on the bark resembling the Capitol at Washington ; it was a single cased watch, thut is, there was no case that could lie taken off'; It ha la gold dial plate, but no metalic plate over the glass I*, was a middling sired gentleman's watch. The watch now being taken troin a sealed envelope or enclosure and shown to the witness, he says: I believe that to be the watch, although upon opening it I find the maker's name to he Rotiinson, and the engraving on the back may or may not be intended for the Capitol. Probably it is Intended for seme other building. I carried it only three or four days, and purchased it lrom one Amasa Br.iinurd in conjunction with one Charles H Post. Th ? small key now attached to it by a siring was not with it when 1 let AJumsbare it. 1 *?w Adams a fe>v days nfter the meeting in which I let him have the watch. 1 met him in Water street.? I should not think it was more linn a u .ink af ter. I dont remember how the conversation was brought about, hilt he mentioned that he might have sold that watch lor nineti -live the day b fore. linked him why he did not sell it? lie said the person who wished to buy it had otiered him a note, and that he took time to uncertain whether it was good or not; he found that it was good, and went hack to thr|pet!-on, wiio then Mew from hi* bargain. Adams seemed to he well aatia)Tied with the wa ch, and 1 understood him to say, that *ome person had it on trial. I never saw him after that, to have any conversation with him. On beiug asked what ? n the character of Adnmi, as a man of mild or irritable temper in mitter* jof bu?ineasl He answered?I considered him rBther irritable in the dealings I had with him. In the second interview I had with him as above, lie apologised to me for the language he had made use of to me in tho first. B' ing cross examined, the deponent says, the reason why A lams said 1 wanted to cheat him was, thut the note spoken of hud been renewed once before, and Adams seemed to think that the request for a second renewal was a mere pretext; that 1 wanted to put him off. He said that he wanted the money, am! I told him that I could not promise it till after the trade sale;that I could see no pros|?ect of pay ing it till then, but that then he should have it. At different times in my intercourse with him, I found him rather abusive. I do not remember asy partisular instance until the first renewal of the note. I then trtt very mnch hurt by his conduct;? hothjhis manner and his language. On being asked ? " what do you mean by saying he was abusive? Was it anything more than a natural irritability of one disappointed in the leceipt of money?" He answers?I think it was; tliat was my impression at the time; he said he thought every body was trying to cheat him. ^Direct rxitminalitn retum'd?In all the interviews j had with Adams, he stated that ho was very much in wantof money, and could not pay his hands, kc. When I let Adams have the watch, it had no chain or string of any kind attached to it; I had carried it in my pocket for three or four days in that way. (Signed) L. W. RANSOM. Sworn before mo this 17 th day ) of November, ItMI. ) Irtosn, Commissioner of DeedsVictor Ub?. kehfjuminril?(A lad about 15 yaars old )?Lived at No. 3 Murray street, from May 184U, to May 1811; Mr Colt had a room there after we left; we !< an old awmn? up in the gariet. The uniting found in the box tcith A'lam*' body tcat the awning ice Ifjt there. I've ex trained it, and know it by the marks on it; ray father occupied one of the rooms which Mr. Colt occupied ai'ier ray father left. C'roscexamined?Know the awning by two pieces of sloth that were sowed on to it to tine it: tbry bad "ready made linen" written on thcm.and tbey were cut olF, and the two ends of those pieces were left round the rope and are there now. 1 saw the awnirm in the Tombs. My father bought the awning of a Mr. attorney; we never hail the awning whitewashed; I helped my father to cut those pieces ?(T, and put the awning up, he did not know it better than 1 did; I saw the awning there the 1 t of July, lStl; ray father went it on the 2d of July, and the awning was gone; it was one year old when we got it; rather dark colored; my lather paid $18;w? used it three months; it wasattachcd by iron rings to the house; there was a rope all round it; the rope nn the side was the strongest and thickest; my father sailed away for France last Saturday. My father saw the awning too. 1 went to the Tombs to see it three weeks ago. Jame- M. Clai'ioh examined? Know John C. Colt. Knows him since last May; ho lived at No. 3 Murry street at that time. Mr. Heeker, atailor, bad the house before; 1 hail an ortiee on the second floor; Colt had a room ibere; 1 saw him every day more or less; 1 was in his room half-a-dozen times. All 1 noticed part J.ularly was two or three chairs and a box; tha b'.x was a common packing box, three or four feet long, and two feet wide or more, lie used to stop into my room most every morning, to see if the postman left any letters there for bim Don't remember seeing a pail there. Saw an awning in the garret of tnat building. He came into my r?nni one morning ine cuu ui miy, io-ii, ana ihatred Mr. Lee a hatchet he had been buying. Cross Eruminrd - It was a netr hatchet. He iaid it wai a handy thing to hare in a roam. The tame tray 1 suppose as any one would hare a hatchet in hia room; it'a handy and useful to split fire-trood, and an on, many ininga He went away the 1-t of August. One time I saw boohs and papers in his box, put in carelessly. A good many people called there for him. 1 didn't see the awning mored away a woman lirsd up-stair*: told me the latter end ?f July that the awning was missed. I think he took the hatchet up to his room. Mr. I,ee lives at the corner of Mnrray-street and Broadway. Jo its M. Lee cuimxnrd Knows John C. Colt 1 lired at 3 Murray street last May; am an engrarer. Mr. Colt mored in there in Mar. 1 saw Colt frequently while he lired there. We received letters for him. Was in bis room 1 sswa bos, table and chairs in that room He was writing and fixing his work on " Book-keeping." I receired proof sheet* for him, and gare them to him. It was an old building. I mored out soon after the 1st Aug.; so did he; 1 saw an old awaing up stairs in that building. I thought it was au old worthless thing and of rerv little use. The people who Isft it had mored all their other things away and left that, as I thought, because it was good for nothing One morning be came in and showed me t hatchet he had bought? said it was a handy thing -to hare in an office?to chop wood and nail up hexes, and so on. Before thnt ht had been in the habit of borrowing my hammer. It was a new hatchet; and l're bought a hatchet since myself. It is a rery common thing to hare a hatchet in an office for many little purposes ?I hare a hatchet and a box in my office. Both he and I had permission to remain in that building till some oue person hired the whole building. He and I both moved out near about the tame time; I ?aw hiin mo vine in a box into that building; it had a cover to it. I wai at hit room at the granite hnildi ig* once or twicefaboiit two week* after be moved in there. 1 recommended Mr Colt to go and hire that room of Mr. Wheeler. I did'nt pretend to look rou id that room in the granite building* to ?ee if the awning or the hatchet wae there Can't any whether the box wan elected up er not. Bo Seldom?Colt alway* appeared to be a vrry atraightf. rward, mild, and gentlemanly man in hit conduct to me. He ale ay* conducted h maelf in a very correct manner. Jly IV kitiho?Didn't know where he ulept, nor any of the people who called to ?ee him None but mnlen called there to aee him [laughter ] A Mr. Girard n*e?l to call there to *ee h m. lie might have told me where he bought the hatchet By Neldc.v?Now live* corner of Broadway and Murray *t The noiaeof cart* und carriage* there i? *o great that I eaa't hear my cnetomrr* apeak to int., unlet* they come elo*e up to mo. When they peak to mo at one end of the room I can't h?ar them, and am obliged to Deeknn them clutc up to me he lore I could hear them. Amttking lr**on* of Mr. Wheeler. Have often been in hi* rhom?tometime* it i* difficult to hear. Cvnr* W. l-'iald r1 am engaged in the paper butine**-have at different time* *old paper in Mr Colt He paid caah tometimet, and wa have [ERA 1842. t ivo entrtea ?l paper ?oul to linn it ua> lor "Coll'a Honk-keeping ' He ordered the paper the 27th of duly. We had not the rijit eize by u? then, and ne ordered it exprrssly for him He gnve hi- add real aa No 3, Murray stree'. The pa;>ej wai received by us in the beginning of August. The entry was?"Ordered 10 lohn C. Colt 3i> r??mj nt' nhvi'o nmi*r tn tveiirh t^tilha at I't f per lb. . one half cash?one half good note " A? J sonu a* the paper cauie, we sent to Mr. Colt, and were told he had moved to Chamber* street: soon after this, Mr. Adams called on u*, with a letter from Mr. Cult, written in Boston,layingtbat be had been nick, and requested us to deliver him (Adams) the paper: and if we objected we m<ght go to Mr. Colt's brother, and he would nay us or malce it all right ; this was oa ihe 12th of August : Mr Adams said that Mr. Colt hud always pai l him ; and he thought it would be safe to deliver him the paper : so I let him have the paper ; he promising tha' Colt should tec to it : 1 delivered him ten reams of paper : the balance was by mistake shipped at Hartford on boerd of a sloop instead of a steamboat and it did not arrive here till the 2 M of August ' I left the mill on the fith of August : Mr. Adams called repeatedly and said he could not g?) the book oat in time, for the New York trade sale : on the 2tithn! August Colt called and said that the paper had been delayed so loug, that the book would uot be got out by the New York trade sale : I told him I thought it could : he went to see Adams and came back and said that Adams said it could not be got out : 1 wanted to know what was to be done with the balance of the paper ; it was an odd size : he saii he'd take it, if I d give liiin time on it, to get the book out for the Philadelphia trade sale : he was anxious to get the proceeds from that .-ale, in pay ns : I did not consider hiin bound to take the balance of the paper : from whit he had said in the store and what Adams said, 1 thought his note good for the amount : the paper was weighed and the whole amounted to >?121 68 with the ten ream- : 1 took his uote for it at It months; it was discounted: protested and took it up. Mr. Colt requested me to deli ver the paper to Mr. Adams, which 1 did, and took his receipt lor it, and here it is- [Receipt produced [ 1 know Adam's handwriting. Have seen it several times. [Another receipt shown.]? This last is in the handwriting of Samuel Adams. [Receipt read ] " Received of B VV. Foster <V Co. the stereotype plates of Colt's Book-keeping.which are subject to bis order. Samuel Adims. Witness?These trade sales are deemed very important. Booksellers come from all parts of the country to attend them; Mr. Colt always behaved very gentlemanly and mild as 1 saw; never saw him excited, although he was so disappointed. He always acted in our store as if he was n backward or ditlident man rather than otherwise; not so forward to express his opinions as some people; not quick or hasty; understood those plates were worth $300. Cross-examined? Delivered the 10 reams to Adams on his saying that ha would not let the books go till I'd seen ,VIr Colt. I did not look to JHr. Ad an?* for thr payment of the paper. 1 told Adams that Colt had given us his note for the udiole of the paper. As far as 1 know his temper was mild and good; huve never beard any thing against bis temper Rv*?T never helH Aflame roennn.-iltU I showed him Colt'* note; I considered the orioinul understanding between him and me at uu end, and I tupposvUthat he did Adam \V. Spies examined?I'm a hardware merchant My sale has been, very mueh directed to various kinds of arms. I've seen the revolving arms Have one in my pocket, (produced one of Allen's revolving pistols with six barrels ) All the barrels in this revolve. Have st-en air-guns. The air is condensed by a force-pump into a metal cylinder. The balls are usually very una.I; 100 to -00 to| the pound?a little smaller than a buckshot. The cap in Allen's pistol is at right angles with the barrel; the nipple is oa the top. The cylinder to an air-gun ism the shape of a pear; the size is 8 inches by 6 inches. Cross Examined?Have tried to discharge a ball with a bare cap, with Allen's pistol, but it will scarcely throw a ball out of the barrel. The caps used this morning are the best that nre used. There are caps made that will throw a hall through au are inch board and kill a man; but they made large made large to fit muskets; no such cap* arc viade to .fit i*tot*. They could not be used in Colt's pistols. If double the charge of percussion powder was used ih Colt's pistol, it would not increase the force .viih which the bnll would be thrown. Charles F. Pond txetnaned? Resides at Hartford?knew Colt when hu was young. He was a nvtivc of Hartford. Knew him from III t > lb years of age. He was always perfectly kind and welldis poasd. Cross-examined?I live on my farm near Hartford. Mr. Colt is about years of age. Nsver heard that Colt hid bean in the army. Dr.lioGCHs recalled?1 have recently examined the wounds in the head of Aduras [his skull having bean produced], 1 feel satisfied that that hole in the left *iil of the head tens inflicted with the sharp edge I of a hatchet Whitino directed the skull to be brought into court. The skull of villains was then brought into court. The bead ef the hutcbet fitted the indentation on the aide of the head?the edge or corner of the hatchet fitted the oval hole on the left side, and all the front part of the head was beaten in. The jaw bone was not there. It was very evident that all the blows on the head were done with a hatchet. Dr. Rogers showed the skull and the hatched to the Jury, andexplained to them how the left hole could have been produced by the hatchet. He aid that without doubt the bammer head of that hatchet produced the fracture oi indentation of the skull on the right side ; and that the edge or corner of that hatchet produced t e left hole?this latter was near the top of the head, and not on the side. Dr. Archer wrs examined That skull was taken from the coffin of Samuel Adams this afternoon. I can't conceive how the hole on the left side could have been done with the edge of the hatchet. Dr. Mott examined,?Has examined the head. I think the small hole might have been produced by the hatchet: I'm satisfied that that hatchet produced that hole; and, that the blow wu* gioenfi oni the front. It is different froin any gun shot wound I ever saw. Piobably that wound (dent) on the right side of the head was done by the head of this hatchet. Don't think this wound in front wne done by a single blow. I've seen men walk and have their senses with one fourth of their scull knocked away ; persons might have greater wound* on the head than this, and yet have their senses and walk; and would be sensible whilst an operation was being performed upon tiiera. No man would undertake to say that the injuries in the front of this scall were given with a ingle blow. They must have been done with several blows. It's difficult to say how the persons atnnri when he rave the wound on the riaht aide nf the head. Id wounds and injuries on the bead there arc no two cases alike scarcely in their results. Sometimes a very slight injury produces death. In this rase either of the wounus on the right or left sitlr of the scull might hart produced death. It is always difficult to tell what ( fleet nr<r by produced by a particular kind of wound on the headAfter some little further examination of the fcull and the hatchet to the same effect, the Court adjourned. Colt was greatly affected during the exhibition of the scull. General Sessions. Before Hie Honor the Recorder, Judges I.ynch and Noah, and Aldermen Timpson and lanes Jaw. 25?Ctut of John lie Groot..?The argument in this cafe to obtain leave to withdraw the nlfj nf nnt aniltv and enter a demurrer to the in dictnient, was heard. Messrs. Cutting nod Cha?r appeared for defendant, and Messrs VVh*el?r and Phillip* for prosecution The Court then adjourned for the remainder of the term. Rprrlal Hrmlitna, Before Judge Noah, and AIderruea (nnea and Tinapiou. Jaw. 25.?Mary Itrophy, for stealing a mutl worth #t>, from George u A'vord.wie found guilty, hut judgment suspended nndehe was discharged. P< ter G. Edwards, colored, for s'ealiiir n bo* of sperm cnndlea from Daud I. ?ii\:e, we- Imind |;ailt) hot |Uflgmeni Hlspen'tefl rvimuei iicnsn", i, lor an assault and battery on Wiihani A . Miller,also colored, was foui.d rpiihy, but idpmnnt vvus ?u&. pended on his promts to*:oti?3<-u I lent i?*ttu .lack??n, colored woman. wm found utul'y of slabbing a man named Jotrph .lohnsor. a!? i e dared, and srut t" the Penitentiary fur sixty davs C'liarlr* Srnuh, a boy, was found guilty of stealing a.x pan- of nmten.^ from the atom of Messrs l'*rre|N, No. '.'.to Division atrer t, sent to the House ot R< fuue Jane Mortis, nfiai Johnson, was found auil'y of Mealing a pair of shoes prom the store uf Mrwi>. Knox iV Co., comer of Hudson and Canal street*. was sent buck to pri-on for 20 days Wiihsin A Marshall, charged with assault and battery, and Catharine Murray, with a petit larceny, were discharged, a* no witnessea appeared aguuu-t them. The Court thsn adjourned to Friday ne*f, at It) o'clock. L D. Mm Two Can Lb city iiiicuijitum, The Mrit'i Democratic Republ,can Committee meet at Tammrny Hall thi* -vn,, f> t 1 officers tor the present year. ij'tr-rr Thieve*.?A woman named ii.leti F. pa trick was arrested and committed yoterdi.y tor stealing a tloor rut;. some muslin and other articles, worth Iroin *7 to $t*, from Richard Bent, No 14fi1 reeuwich street. A Dahh\ G ambmro house broke* t r.?A g; .> ling ho,u?*, kept hi No. 25 Laurensstrec:, o, , . ,..m fii nnip, i.nnit ) Im!?. Cantine.was enter. il a ! w ;..> ? i-irrr i.y C.i|>ti',n Taylor, of the ThtM IV:- ' Watch, and officers J, S. Smith, T. M- Tempi,.ne. and Hoctm, aid II! of the colored sport irg dai. s taken to the police otliee and bound over. Died witmoi t a I'iiymc/an.? \ colored man, named Samuel D. Hart, who resided at No. IS, Goerck sireet,and who had been lick with a disease ol the lungs for two years past, died yesterday noon, and not haying ihc aid of a physician, the coroner was called in to bury In in. M'He oi the SciK.vct.? A colored man, named George Green, who has resided at 290, Matiisonsireet, was taken sick n few days since with a sore throat, and eventually obtained the aid of a nuilvai man, known by the cognomen of " the Indian doctor, of Last Broadway." He gave him something to gargle his throat with, but whether death had already selected him lor a subject,- or the prescription of tbe doctor contained death, we know aot He died, however, immediately after using it. The coroner made u full investigation of the case, but was unable to ascertain any thing that wc uld lead to the guilt of ''the Indian Doctor, of East Broadway " Verdict, " died from intlHiiimutory sore throat." The Last attempt to Commit Murder?A mau named Joint Ci ?(ly, u tailor by trade, of No. 11 Batavia street, on the death of his wile a few weeks since, made a present ol a portion of her clothing to the wife of Christopher K idttey, of No. SI Mulberry street. <>n Monday last, having a little of the Indian characteristic in his disposition, he repaired to the home of Kidney and requested a return of the articles lie had presented her. lie was requested to call at another time, when he became greatly exasperated, and threa'ened to have . he articles or bloodWords ensuing, lie tmmediati ly drew a loaded pistol from his pocket, placed it at the breast of Kidney, and pulled the trigger, but it Hashed in the pan. inn uu?ii eidirs 10 oDur.n assistance. lie found itv? of the city watch, and on returning they seized him, aided by Coady, and attempted to fore* him down stairs In the meantime Coady had reptimed the pistol, and as he was passim; down the steps,heagain attempted to fire it at Kidney, but it fortunately missed fire, and his life was thus preserved. The villain was taken to the police office, and on withdrawing the charge of the pistol, it was found to he well loaded with powder and buckshot ,lle has been fully commuted, and unless taken into the Special Sessions will get his deserts. The latest case ok Hhutai nr.?The residents in the vicinity of 216 Third street, were greatly ex cited a few days since by a report that a|child had been killed by a Dutch mid wile in the act of being born- The Coroner was called, and after a lull and close enquiry, it was ascertained that the wife ol Leonard ."-dialler, at No. 246 Third.street, while in child birth, had obtained the services of a woman nnmed Charlotte Shuman.of 117 Pitt etreet, through whose ignorance the child was killed as is supposed The jury returned a verdict ol " death through misinangernentoi midwife proceeding from ignorance " It shonld have been " bloody murder witn intent to kill two persons." Doings at the Coroner's Oftick'The queer nonces sent to the office of the Coroner for his attendance to cases of sudden death, are sometimes so ludicrous as to create a smile. Stepping in yesterday morning we found the following notice on his table"Samuel B Hart, No 18 tleorck street, rear basement, dyed without having a physician, wants to be buried this afternoon." Santocs Accident.?A son of Mr. Oakley, ol Brooklyn, a youth about ten years of age, was run over by an omnibus yesterday morning, while crossing the etreet corner of Beaver and Broadway ? Tlie wheels peased immediately over the boy, who was apparently killed. Dr. Johnson Kabineau, of llroad street, being sent for, pronounced the injury not fatal He is expected to recover. Court Calendar?This Day Court si Common Pi ear, 10 o'clock, K. M ,belore Judge lograhsm?No?. 131, 5.66, 137,136, 136, 13, 30. ir, 169, Ml, 143,147,149. 36, 67, 69, 61?Part 3,4 o'eloak, P M , before Judge UUhoeffer?Nor 60, 67.84, 86, #3, 96 14, HO JDS, 310, OS, 100, 103. 104, I #8. Circuit Court?The adjoarnud Circuit hs6 been fur ther postponed to Monday. Foreign lliiun At Vienna, <?n the H(h ult. Mendelssohn's St. Paul was performed by a vocal and instrumental orchestra of one thousand and seventy-two persona It was to continue fur three days; the receipts to be employed in erecting monuments to Haydn, 'Muck, Mozart, and Beethoven. It is said that the Queen has specially requested that Mr- Young will again make his appearance on the boards of the thea're, arid that ha will very shortly go through the round of his principal cha raeter; Mr Burnley, the new director of Her Majesty's theatre, has arrived at Milan, accompauied by Signor Piuzi, for the purpose of making engagements for the ensuing season, which, according to orm ul arrangements, will commence the first week in MarchMi** Kki.l*.? It appears this favorite actress nas not left tor America, as stated in several of the newspapers, nor has she any intention to do so Kchi.'iloimo or AsrLnv's r?ir.\r?e ?Yesterday, a great many workmen commenced pulling down the remains of the late Astiey's theatre. Th" new one, it is said, will be ready for opening on Faster Monday next. It is believed that Mr Bishop will he appointed to the musical chair at Ddiuburgh. The place a worth about ilhtMla year. A fragment of a letter, written by the Rev. Chafl Wolfe, dated September, IHIti, has just been discovered, which completely proves his title to the authorehip of the beautiful lines on the death of Sr John Moore. The meteor nights" of November have not I . played any remarkable phenomena this year. 1 ?a Saturday se'nnight twenty-five were seen, and on Sunday twelve. Of these, one of w h en apiwared in I.'rsd Major was as brilliant as Venus, and shot I from north to souih. Shortly alter there appeared an auroral archSince the Frenoh revolution of July (? period >t eleven years and tour month*) the King of th* French has hat) nineteen cabinet* By the Code Napoleon, no person c?n be incarcerated lor debt in France, alter tnr ace ol 6", a la * which is still in force. Letted* i rom Eraor*?The Britannia brouoht fully 26,INK) loiter*, the postage on which ainouni* to about #70011. The uumber of letter* for Net* York wa* 8000. on which the postage amounted to #2700, Philadelphia 1800, postage #550; Baltimore 600, postage 8176; Albany 273, postage #66 ; Charleston 5413, postate 8187, Mobile 320, po>tag'.8123: New Orleans 500, postage #188. Climate or Catena ?The weather during the night of the 12th, at.d on the morning of the 13th, became more ?erere than had preciously been ? xperienced this winter Tha degree of cold indicated by m .rrthan one theriuometor in situation* near the North glacis of the Cape,was 25 below z< - ro, and in other more expo?etl situation* we learn that th* mercnrr sank at l?w a* 2H below rem Yesterday the wind came rnnnd to the North Ka<t and continued in that point duringthe day,with occaaionai flurries of mow, a light fall of which occurred during thn night ?toucher Afrrrury. Ccum*1 i i" C^'atm?We underatand thai the Crown Lawyers hare giren their opinion that the French and KngLth half crown* and crown* ere a legal tender at 2? 92. and Si. 61 They will accordingly b- received at thrae rate* hv the public Jepartiueut*.? IJutbtr Outfit', 14H irul. Cvainu* Caroo ?The ZotoW, which *Ailed on Saturday for Ponce, Porto Hien, earrifd nut a dwelling house, f >r one of ihe dignataries ?f the island, .ill fitt-d for setting up. Si%r Jt do?? if Viwiihu.?Wm H abr l ba? b rn rlfciffi by the l.(t?Mture PrrMdert (>| the Court nt Apj?ettb, to Ml*'l?ly tli? oiiPil by the fPMBniliou t f .1 nd?* llmrj Si > r-nry,'* Tucker And Th imai 11 Mi)ly. K ( ? trom m county <>l Accomack, h?* been el. < ?*<! by the Leyi-ld'urc a fiirtc" ' t the teener*! i oirt, fo smn'y ihrpinc*; i'l Judjc 1'pfbnr, reai/ned Clk \a Dare if Ohio-?A eorreapoodeiit of tka Cincinnati Gaeette state* that there were one hundred and ?i*?y-*eren clear day* intern year IH41. In tha enurae of a day or two, wa than nubliah a table, airing an iaiereetiag accovjt of thai weather for the laet flra year*.

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