11- II II???? th: Vol. VIII.?Ha, 414 - W>tol? Ho. 300.1. Naval Court Martial on Hoard tbe IT. S. Ship North Carolina. Thumday, Augnst 4. Thai, or Assistant suackon Ciuilii F. B. Gciliow, Cowtihukd The Court met pursuant to adjournment, and the minutes of yesterday'? proceedings were read by the Judge Advocate. Mr. T. W. WaLDKOfi called and sworn and questioned by the Judge Advocate.?1 was Clerk in the Exploring Squadron in Nevember. 1939 ; 1 handed Pr. Uuillou a requisition about the 3d December, 1838, which I got from Lieut. Ringgold. There was a pencilled communication on the requisition which I did not raad, which was pointed out to me by Lieut. Wilkes, who said at the same time it was not approvad, and he referred to this note in pencil for information required. It was not enclosed in an envelope. I don't recollect whether theVe was any direction in the handwriting of the accused. " ??.nail A.i nrr\kM0&* CouixMel.?-When I iaid the requisition was not under an envelope, I refer to the time it was returned to me by Lieut. Wilkes; I don't recollect whether I delivered the requisition trom the accused to Lieut. Wilkes. At the time I threw a paper to the accused through the skuttlu of the ward room, 1 thought I was giving the impression that the paper came from Lieut. Ringgold, but 1 have no recollection of mentioning either his name or Lieut. Wilkes'; I don't recollect that I told the accused the requisition could not be approved. Lieut. Charlies Wilkks called and sworn, and the first of the three additional charges and specifications having been read to him, charging the accused with disrespect, he said:?On the 6th of October, 1840, about two o'clock in the day, the accused desired to see me; he was shown up stairs to the apartment I then occupied on shore at Honolulu. He came in and opened the conversation relat ive to sending me hi* journal. He said that it contained personal and private matters; 1 told him that that was ugninst the orders, or instructions, *r general orders, and that he must obey the orders. There was an order issued calling all the journals in two or three days before. He wished to ktjow whether I intended to answer bis letter, ami I told him 1 did not, as it required no answer. He then said he would send his journal in, directed to the Secretary of the Navy; I think he mentioned the word sealed? " send it in sealed," I think he said; 1 told him that would not prevent my seeing it, as 1 would not forward anything to the department that I did not see officially, tie changed the conversation to courts martial, saying that he refused to be tried by a court composed of officers of the squadron, or as he expressed it, "of my agents," and many more remarks that he could not expect italic* from them. He then spoke of Dr. Holmes having been promised the pay of a full surgeou. I told him that he was miiinlbimed. Dr. Holmes was an assistant surgeon then on board the brig Porpoise. He then said that I had promised it to him. 1 replied that 1 had not, on which he repeated it in a very impertinent manner. I then suspended him from duty, ordered him to leave the room, and to report to Captain Hudson on board the Peacock, who was commanding officer. He left, and when he got at the head of the stairs he made some remark which I did not hear. I dont recollect it. I again ordered him to leave the room, or go down stairs, I dont recollect which. I was at this time on shore t Honolulu, in a house occupied as an observatory. I walked to the front piazza, I saw him in this act of returning to the house; he was, I think, about SO feet from it; I ordered him to go directly on board ship; he was attached to tha Peacock. This was on the 6th October, and the court martial was to meat on the 9th. Q?Was the accused arrested or suspended prior to thii period 7 A.?No, sir. Q,?When were the first set of charge* preferred? A?In December, 1939. Q?When was the accused furnished with a copy of those charges 7 A.?1 did not furnish him with a copy at all, nor would I have done so until he was arrested ; Lieut. Ringgold I believe furnished him wtth a copy. He ieported to me that a copy of the charges were served upon him when he was arrested. I think he was arretted on the 14th October 1840, it was on or about that day ; it was my intention to have tried him by that Court at the time the offence was committed. Q.?Commodore Jokes?Why wa? ho not arrested before? A.?He was neither arrested nor suspended before, because I could not dispense with his services ; 1 arrested him during the tin^ theCourt was pending,and had intended to have tried him by that Court, but I thought I would try the men first for ex&mple, and three men and an officer occupied the Court one month, and part of the squadron went to sea then, s* that I had no opportunity of trying him, and that was the only time I had had during the cruise. The marines had been very mutinous, which caused me to try them first as an example. The second charge, charging the accused with disobeying a general order to keep a journal was then read to the witness. Lieut. Wilkes then produced the order which he said was accompanied by a letter to the commanding officer of the Vincennes. The order and letter were then read as follows U. 8. Smr VmcERifCs, ) At sea?Sept. 13th, 1841. \ Sir,?As the officers may not understand the kind of journal it is necessary for them to keep, I take this occasion to make known the expectations of the Government, and my wiskts ?|i?oUng this part of their duty, which 1 consider as paramount to all others. 1st The duties devolving upon all officers of this Expedition, are altogether of a public nature, and it is incumbent on me to sav, require of them to bestow their constant and devotea attention to all incidents, facts, and occurrences which may present themselves, in order that, hereafter, they may (if necessary) verify or confirm by their testimony, any information m relation to the same, and thereby place the evidenco beyond a doubt. This can only be effected by keeping lull and complete memorandums of all observations made at the time and entered in tho innrnn 1 -id. f consider it of great importance that every officer should know the actual situation of the (hip from his own calculations, that when called upon at any moment he may be able to refer to hit own journal for hii result. On this might possibly depend the safety and ultimate success of the expedition, as one or two persons might fall into error, but is not likely that many would. 3<1. The kind of journal required is not a mere log book; but it ia a diary in which will be noted all that routes to public information, being a record of all object! of interest, however small, which may occur during the cruise in the scientific orother departments, and the views of the officers ought to be briefly expressed concerning things that may come under their notice. The very record that nothing has transpired during the day may be of use; but it is believed this will be of rare occurrenceThe whole will form a mas* of evidence for the use of Government on our return, which will tend to illustrate and make clear the transactions that may have taken place : also, the habits, manners and customs, lie. lie., of the natives, and the positions, descriptions and character of such places as we may visit. These memorandums are highly important to me, in order that nothing may be neglected or overlooked in conducting the Expedition to a successful issue, in which we are all so deeply interested, and I wish particularly to avail myseli of the results and observations of all to avoid the possibility of passing over any ?u)>jeet withou' full examination and remarks. A casual observation or memoranda,believed at the time of little importance, may lead to important and satisfactory results. These journals, therefore, will become a useful medium of communication between the officers and myself, relative to the scientific and other duties in progress. I trust 1 need n jt remark that the above relates entirely to the public transactions ; with priralt affairt I have nothing to do they are and always should be deemed sacred, and, consequently, will form no part of the records. 1 enclose a special order relating to this subject, which you will promulgate to the officers of your vessel. 1 am respectfully, (Signed) * ' CHARLES WILKES, Commanding Exploring Expedition. ToCapt. W. L. Hi'oiow, U. 8. snip Peacock. [General Oimrn. All the officer* of the Exploring Expedition will be required to conform to the rule* and regulation! of the service, by keeping a journal during their cruise, which he will tend to the commander of the ship to which he may he attached weekly. Thii Journal will contain the daily reckoning, distance, bearing", fee. of the veiiel when at sea; alio, a full record with Mich observations and remark* a? may present themselves, in relation to all occurrence* or objec t* of interest which may at the time be considered of the least importance, and which may come under the observation of the officers, either on board ship or on shore, and may tond to illustrate any transaction or occurrence which may take place, or afford any information in regard to the manners and customs of the people, Jtr.., he., and the position and character of such place* as map be visit# 1. Ths journals required by thii order will be disposed ol nSreeibly to the directions of the Honorable Secretary ol the Navy, and it is expected that they wjli b? as full and compUte as possible. I wai thus particular in the orders, that no day should be unnoticed if nothing occurred, the word nothing wu to be written, for if ?ny astronomical phenomena should take place, the American public would naturally look to the Exploring Expedition for their account of them. Believing that of ini|iorlanCe in order to satisfy every one that the rem.irk* had not been unattended to. The Court will remark that if any astronomical or meteoric phe nomenatook place hereon referring to the journal*, irth? word "nothing" waifound, it would *hew that similat thing" had not occurred where the squadron was. Thii order was heard on the general instruction* received from the Secretary of the Navy. The Judge Advocate heri requested the witness to point out tho part o( the general instructions which the accused had failed to comply with as the specification charged that he had disobeyed th< order* of the Secretary ofthe Nav v. The following is the portion ofthe general order* re ferred to a* having been disobeyed, and relied upen by Lt Wilke* to substantiate this specification :? The hydrography and geography of the various seai and countries yon may visit in the route pointed out t< you in the preceding instructions, will occupy your spe cial attention, and all the reaearchea connected wltl them, a? well a? with astronomy, terrestrial magnetism and nvteorologjf, are confided exoluaivelr to the officer ofthe Navy; on whose teal and talents the Departmen confidently relies for such i em Its as will enable lutnre na rigator* to passover tho track traversed by your vessel wiihout danger. No spocihfdirections are thought necessary to the modi of conducing the icientific researches and experiment which you are enjoined to prosecute; nor is It intended t< limit the members of the corps each to hi* own pnrticula service. All are expected to co-operate harmoniously ii in these kindred pursuits, whose equal dignity and usefnl E NE N net" should ensure equal ardor and industry in extending their bounds and verifying their principle*. It being considered highly important that no iournal of tuese voyages, either partial or complete, should be published without the authority, and under the supervision of the Government of the Usited States, require from every person under your command the surrender of all journals, memorandums, remarks, writings, drawings, sketches and paintings,'as well as all specimens of ever) kind collected or prepared during your absence from the United States. It is believed that the officers under your cqmmand require ns special advice or directions from the Department. Bearing in mind, as they no doubt will, that the undertaking which they are about aasisting to accomplish is one that necessarily attracts the attention of the civilized world, and that the honor and interests of their country are equally involved in its results.it isnot for a moment doubted but that in this, as on all other occasions, they will so conduct themselves as to add to the reputation our Navy has io justly acquired at home and abroad. Judge Advocate?That is the order upon which the specification it founded. Now for the fact. Witness?The journal will show for itaelf. Judge Adtocate?If he kept a journal at all< he complied with the order. Witness?He did not keep the journal reauired. Judge Advocate?Showing a journal?This commoncei on the Uth December, 1339, aad continues to the 1(1 October, 1340, when he was arrested. Witness?The voyage commenced in August, 1333, and there ii n? journal from that time until December, 1?89, and there are leavea abstracted from that. 1 lent the journal to the court scaled yesterday. It was sealed by Mr. Harrison, my clerk. Mr. Wiles also stated, finding that these orders would not substantiate his charge, thai there were others which he would prodnce to-morrow. The Judge Advocate then read the third additional charge, entitled " Scandalous conduct for tearing leaves out of hit journal." Witness?The journal came tome in the condition it now is. I gave it my clerk, who wrote a certificate as to the condition in which he found it. I think I have a letter stating that the leaves had been taken out, and objecting to the term mutilated, and insinuating that I might have been mutilated, since I came into my possession, which occasioned me to hand it to my clerk to have its state certified. 1 called upon the accused for the leaves deficient, which produced a correspondence, but I have not those letters here. 1 can produce them to-morrow.? He refused to give the leavea up, on the pretence that they contained private matter. Q?By Lieutenant Dor Porst?Had any medical officer, junior t* the accused, been promoted in the squadron while he was doing duty 7 A.?No sir. There was one doing duty as tur/ieon, but he did not receive any appointment until after Dr. Ouillou had been arrested. He stayed w ith the squadron nine or ten months, though he had permission to leave. Q.?Wei the accused doing duty in the squadron while Dr. Fox referred to was doing surgeon's duty? A.-Never in the same shin. Dr. Fox was the oldest as8istnnt-surg< on in the vessel in which he was acting as surgeon. The accused was doing duty in squadron while Dr. Fox was doing surgeons duty. Dr. Fox, by a general ordur, was directed lo attend to those duties, the duties of surgeon, and he was at liberty to occupy the room of the surgeou. He did not, however, mess in the ward room, nor was it considered by me an appointment to entitle him to it. If the officers of the ward room mess had invit ed him, I should have had no objections. I am not informed whether they did, or not, but I am curtain of the fact that he messed in the steerage. Q?By Commander Cunninoham.?He was not doing duty under an appointment frem you, then 1 A?He did not. He received no appointment until after Dr. Ouillou was arrested. <1.?Br accused'sCounsel?Did not Dr.Fox receive?ur grans pay during the time the accused was doing duty ? A.?I do lot know that he did. I rather think he did not, from the fact that he ha* applied to me within a few days, a day or two since, for a certificate as to his having done duty as surgeon. Q.?Have you detailed all the conversation on the 6th of October, 18401 A.?To the best of my recollection, I have. H-?aau *> c melt iu nuucnituiu mui lie quosuon 01 int accused as to whether you intended to answer hit letter followed immediately upon your telling him that the entry of private matters was contrary to orders 7 Witness?1 will detail the conversation. Judok Advocate?That is not answering the question The question is this (reading it a^ain). Witness?If you will read that part of the evidence again, I will tell you. The Judge Adaocate then read it, and repeated the queation. Witness?To the best of my recollection, it did so follow ; it was at the aame interview. Q.?When he spoke of an answer to a letter, what lettei was referred to? Have you it here? A.?Yes, 8ir. Jvdqe Advocate?Produce it. Witnesi?This is it. The Jt due Advocatc then read it as follows:? U- S. Sxir Peacock. ) Honolulu, Oct. 4, 1840. ) 8ia :? I have been informed to-day of your general order o yesterday, "thatthe odicers of the Exploring Squadroi will send their Journal! to the Commander without dc 1st* 1 respectfully represent to you that the daily attendanci to the meteorological diary, which I aid in registering an< preparing, and tne slight assistance which my limited ca pabilities enable me to give occasionally to the scientifii gentlemen, are the only duties not strictly professions which I feel myself required to perform, either by thi standing orders or the regulations of the squadron. Whenever you have done me the honor of detailing m nnAn Anv inArSfl/* nS<w*o ftf a^lonMAr nr *>*? ? duty, I hare a* soon after executing it aa possible made t< you* a written report or progress, and I have always beer desirous to obtain orders for duty of this nature when mj health would allow. Such matters as are strictly professional, or with whicl I am officially connected, and such as relates to tha peculi arities of my position as an Jltrittanl Surgeon, I have en tered in my medical journal. "An abttract of this journal I will submit to the Surgeon, that he may be enablei thereon to report to the Secretary of the Navy at the expi ration of the cruize." Much of'this journal ta intended ti be of a private and personal nature; if however your or der of yesterday applies to it, and you insist upon it, 1 wil immediately send it to you. Respectfully, (Signed) CHAS. F. B. QU1LLOU, Assistant Surgeon, U. 8. N. To Chas. Wilkes, Esq., Com'g Exploring Expedition. Q.?Did you not state in your conversation with th ?coused that you felt authorized to break any seals a communications addressed to the Secretary of the Navy and if he sealed up any port 'onsof his journal, you woul break those seals? A No. Q.?When interrogated by a member of the Court a to whether, by the leaves being abstracted, any " hiatus had been left, hnve you been correctly understood as H plying, of course? A.?I have not?xamined it, and cant tell. The jonrni will speak for itself. Q?Do you mean to be understood that the accuse kept no journal previous to this which is before the Court A ?Not to my recollection. The accused was neve on the business with me, and this was the only time I ha called in all the journals. His commanding officer ca tell. Q.?Did not Lieut. Ringgold require the productioni and procure the journal of the accused up to the date pr< viousto thatofthej -nirnal in Court? A.?Not to my knowledge. Q.?Was the manner of the accused on entering you apartment rude or disrespectful 1 A?It was not respectful, sir. Q?Was not yo?r manner excited during the intei view 1 A.?The latter portion of it was. Q.?On what point did he become highly disrespectful A?When he began to talk about Dr Ilolmes receivin the pay of surgeon. His manner was very much excite from his first entrance. q.?How long did the conversation occupy? A.? A* ihort a* ten miaute*, I (hould think. It wa* n( of long duration at any rate ; but a few minute*. It migl have b?en but Ave minute*. <4-?Were there any witnewe* to it ? if any, who ? A.?None to my knowledge. I think there wm no on on thnt floor; there may have been iome peraoni below. Q.?Did yon not on the next day receive a letter froi the accuied, reporting thia interview to the Secretary ( the Navy 1 A.?I do not recollect, I may have done ?o; my file* wi 1 ihow. 1 received ?e\ernl letter* from him. Q.?Be ple?*ed te refer to your file* and ascertain. A.?My file* are on (hore. 1 Jrone Ad*ociTE.?When you go on (hore pleaae refei Witxcii 1 rather *uppo*e they will he with the Nav f Department. 1 forward*! all letter* of complaint addre* r ed to th? Secretary of the Navy I received from him at th t time by my clerk. Q?On what day did the court martial convene at H< 1 no In I u 1 1 A.?On the Oth October, 1840. Q.?Can you *ay when it terminated T , A.?I think on the 4th or Mh November following. think it wa*before the Porpoiae ?ail?l. , (J.?When did the Peacock and Vincenne* leave Hon< I lulu ? , A.?I think the Porpoi*e left on the 15th November, tt 1 Peacock on the 90th, and the Vincenne* on the 3d Deceti her. It vu contemplated to get the squadron to *ea 0 1 the 16th November. 1 q.?Von have referred to the marine* who weretrU i at Honolulu?how long before the trial were the olfenc, I committed ? , A.?The Lieutenant reported to me, I think, that the ( . fence* were committed at Otaheite, one of the Sociiv Uroup, in September 1B39, nearly a year before. Throuf the urgency of their caaei, the court wa* ordered an( kept it In aeaiion a* long a* I could con*l*tently wi thedutieaofthe Squadron. The marine* belonged to tl 1 Peacock. , The accmed'a counael then proceeded to nueition tl witnea* relative to the three flrat charge*. , Q.?How, when and by whomwa* the paper *ty led a 1 qniiitiou handed to you T A-?In Iho usual manner?through th* commander t the Porpoiae?I don't know by whom There wa* a li . ter with other requisition*. g tl ?Wa* it aot delivered to y?u by Lieut Ringgold person I B A?I think not, *ir. My antwer i? based upon the fi ( that the requisition* were not uiiially delivered in tli > war r <i -How wa* Lieut. Ringgold1* appreval ma.lc apt 1 rent I A.?By hi* endorsement I think, a* in the usual way. W YO EW YORK. FRIDAY MO] will be understood that 1 Jo uot wear the requisition wu approved. All requiaitiona should ha?and all that were irregular would be lent back. q.?Did not medical requisitions usually come to you through the fleet surgeon * A.?No, air?1 had no fleet surgeon. Q.?Did you never address Dr. Oilchriat af such in writing I A.?1 think not. I refused Dr. Oilchriat an actiug appointment? bocauie 1 had uot the power. Q.?Wat it not the general courie that re<|ui?itions for medical itorea, &.C., came to jou through and exhibited the approval of the aeuior medical officer of the Squadron 7 A.?No, air. They came to me flrat. I frequently sent them to the aenior surgeon to know what stores could be scared from the Vincennesor the Peacock, to prevent any waste, and to see that no more should Im* supplied than was necessary?as medical stores were particularly dear in the ports of the Pacific. Q. ?Did you ever receive a requisition from the accused that was uot signed by the Senior Surgeon I A ?1 think 1 have ; I do not think that any of the requisitions of the first part of the cruise was so signed. It certainly was not required. (i.?State whether you have any requisitions which were made in the squadron ; if you have, state where they may be seen I A?I am not aware that I have any ouch. There is a book kept in which the Clerk copied them in writing ; I supiKise the requisitions are at the Consul's. t}.?Was not the requisition when yon received it under envelope, and directed to Surgeon Gilchrist I A.?I think not; if it was it ? ai unnecessary ; if it had been I should have observed it, ax it would hare been unusual. ?'To whom did you deliver the requisition that it might be returned to the accused I A.?I dont recollect, probably the Clerk. (4?Did you not deliver it to T. W. Wuldron while at your breakfast table I A?1 have no recollection of it. I may have done so. <4.?Were any Surgeons or Assistant Surgeons attached to the squadron during the cruise, who did not start from the United State* 1 A.?None?There was a medical gentleman attached to the icientific corps. Q?Who was the senior medical officer in the squadron before Dec. 1339, and who was second, third, fourth, tilth, sixth and seventh I A ?Pawed Assistant Surgeon Gilchrist was the senior Passed Assistant Surgeon Sickel the second, Assistant Surgeon Palmer the third, Assistant Surgeon Goillou the fourth, Assistant SurgeonfKox the fifth, Assistant Surgeon Holmes the siath, and Assistant Surgeon Whittle the junior. Q.?Did any one, and if so, which, of the medical officers join the squadron as Surgeon, or with orders to act as Surgeon ? A.?None sir, to the best of my recollection. I understood Passed Assistant Surgeon Gilchrist had an acting appointment, and he joined the squadron before I w as appointed, and I ordered him to the Vincennes. Q.?It has been stated that you refused to appoint Dr. Guillou as Acting Surgeon to the Brig Porpoise, on the ground that you had no power to appoint one to that class of vessels. Did you at any time after the sailing of the squadron receive any additional powers by which you were authorized to appoint an Acting Surgeon to said brig? A.?I did not receive any such powers after the sailing of the squadron. Q.?Did you not at San Francisco appoint Acting Surgeon Fox to said brig as Acting Surgeon ! A.?He was Acting Surgeon on board the Vincennes, and went in the brig with that rank, as I did net takeaway his appointment when 1 removed him. I beg leave of the Court to state the whole facts and produce the correspondence between Dr. Guillou and myself. Dr. Guillou, on or bout the i7th May, 1R19, applied to me for the appointment of Acting Surgeon to the Brig Porpoise, and first he wrote a letter to Lieut. Ringgold, enclosing thii, addressed to me U. S. Brio Porpoisc, ) Valparaiso, May 17th, 1S39. $ Sir I herewith enclose to you an application to Capt. Wilkes for an appointment as Acting Surgeon. Believing myself entitled to the benefits which I claim at his hands, allow me to request you to forward it to our commander and recommend it to hi* favorable consideration. If I might be permitted to add a reflection, I would say, that as the regular Congressional promotion of an ofHcer to Surgeonship, gives him in all cases an Assistant Bur S' eon?(*ee " List")?it exonerate* the (enior medical ofcer from the performance of the minor dutic*ofhis pro1 fession ; and that it may be with a view to establishing uniformity In the duty of this superior grade, that no *urgeon is ordertd to a vessel of a size not sufficient to admit of assistant, as well as principal. In these vessel* the duties of both grade* combined (eaoh separately diminished but collectively Hot 10) are made to devolve upon the older member* of the lower grade, most frequently while in that state of chrysalis (alter their second examination) from whicn they emerge to promotion. I have seen the requisite time of sea service to entitle me to this second examination. Respectfully, [Signed] CHA8. F. B. GUILLOU, f As*1 Burgeon. 1 To Cadw'b Rikooold, Esq. - LL Commanding U. 8. Briir PomoUe. e U. S. Brio Pobi-ome, 1 Valparaiso, Friday, > r May 17th, 1839. > 5 Sir 1 I apply for an appointment a* Acting Surgeon on board e the U. 8. Brig Porpoise, bating my application upon the following ground*, which I respectfully submit to your ? consideration for decision. 1 1st. That I perform the duties of surgeon (not assistant) > as laid down an the Rules and Regulations of the Navy, as i enacted into a law by Congress and read at intervals (in r part) to the ship's companies. 3d. That the professional dnties assigned to me are the i same ai those formerly performed bv a full surgeon on - board this same vessel while on similar duty under your command. * I 3d. That I am held bound by your general orders to Sur1 goons and some special ones to my self, addressed as Acting Surgeon (while at Rio Janeiro,) in obedience to which! 9 have performed duties peculiar to the grade of surgeon. v I om twfliw that anrh ?n onnninfmunJ >.a? in 1 ance with the lift of olhceri ulluu ed to a venel of thii claii ; but Iroin reasons of which I am ignorant, thii ellowanee h?? not been complied with in regard to any on* grade on board the Brig (neither of Lieutenanti nor Maiter, nor raced Midshipmen, nor forward officeri) unless the grade of Auiitant Surgeon be that only one in which a it ii of neceni y binding. Reipoctfully, [Signed] CHA8. F. B. OUILLOU, ,j A?it Surgeon. ToChas. Winn, Esq.' Comm'g U. S. Exp'g Exped ition, j U. S. Ship Vlncenne*. " I wrote him thii answer on the 10th June l- June 2flth I received the following U. 8. SHIT VIWCINNBS, ) J At Set, June 10, IH39. \ Sia 4 1 have receirod your application for the appointment ol I a full Surgeon for the Porpeiie. r I regret that I hare not authority to make an appointd ment of Surgeon for that veisel, ai she ii allowed only an n Auiitant Surgeon, a* ordered by the Navy Departme?t. Any application you have to make therefore relative to i, thii mbject, mu?t be addreued to the Hon. Secretary ol i' the Navy. I am, sir, Very respectfully, he. [Signed] CHARLES WILKES, r Comm'g Exp'g Expedition. To Afit Surgeon Guii.lou, Porpoiae. (Original in my possession.) r" I th?? received on the 3(1 July thii letter from Dr. Guillou, requesting me to forward a communication to the Be cretary of the Navy U. 8. Baiii roaroitc, ) SCai.lao, July 3d, H3!t. S Sia :? I received on Friday, June 29th your answer dated Jun< 10th, to my application of May 17th. >| In accordance therewith 1 addreai to the Hon. Secretary " of the Navy, an application for appointment or (in defi ciency thereof) for pay ai Surgeon : thii I herewith en close and respectfully request you to forward. ? I wai ordered to the Porpoiae by vourself, not by th? Hon. Secretary of the Navy, and it my memory icrv* *1 me correctly, the paperi to establish my claim, muit ema " nate from you ai commander of the squadron. ? Respectfully, II [Signed] CHA8. F. B. OUILLOU, Aii't Surgeon. ToCn*aLr? Wilms, Kan. I 'omm'i Exp's: Expedition, fcc y 1 lent no reply to that, and I forwarded the cotnmuni s- cation to the Secretary. ,e This ii my appointment of Dr. Ouillou to the Por poiee :? ) Wasiiiroton City, ) lath July, 18S8. >, 8ib Aa your services will lie required in New York, yoi 1 will report yourself to Lt. Commanding Cad w'r Ringgold for duty temporarily in the Porpoise. y- Respectfully yours, [Signed] CHARLES WILKF.S, ip Comm'g Kxp'g Expedition. Au'l Surgeon Chu. F. B. Ouillou, U. S. N. in Philadelphia. (Original in my possession.) *1 Dr. Ouillou wu ordered to join the squadron at Hornp > * ton Road*, and I gave him fhat order to join the Porpoist until I *aw how the officers would stand. I then found hi >f- was in hi* proper place, end kept him there without any ty further order*. In October, IMO, at Honolulu, an answei (h wai received enclosed to me from the Department to Dr I I Ouillou, in relation to hi* applications I believe, th Q.?Did you not in a written communication address* lie to Amistant Surgeon Palmer, in Julr, 1*.18, before leaving the United States, give him te un< er?tand that ii he wai he appointed to the Poppoiie he would receive Surgeon'i pay. re- A.?I did not. He never was appointed to the brig. Q.?If he bad accepted order* to the Porpoise would hi oi not, in your view, have received Surgeon'* pay ? st- A?No, sir.
q Were you not in command of the brig Porpoise, on in survey at George'* Bank in I8SA, and was then not a sur geon on board, and did he not receive surgeon's pay 1 >ct A.? I was on fhe brig at that time. There was a full ?ui geon en board, and of course he received surgeon' pay. understood he was ordered on board because there wer no assistant surgeens to be had, and he volunteered to go. q.- Was not the ordinary allowance of officer* devil " ted from in relation to lieutenant*, masters, and passe. >RK I RNING, AUGUST 5, 1842 midshipmen in the brig during the exploring expedition / A?It wu at time* crowded with officer*, and at other time* had scarcely any body in it. The e was no rule adhered to. Officer* were frequently ordered to do duty on other veiael* in the squadmu than those they were attach ed to. No rule could be adhered to on the aervice. CI-?Did not the Porpoise *ail with an unuiual allowance *f officers, and remain so, except when they were detached f A.?She did, *ir. They were fewer in number than usual. She had no midshipmen, and she to remained, except on the times referred to. The officer* were detailed to suit the accommodations of the vessel*. Q.?How was this a* to lieutenants, master*, passed midshipmen, and forward officers, on leaving the United State*/ A.?I don't recollect; I know officers were on board, but can't tell what. Q?Did you ever address letters to the accused, ordering him to survey the sick, as acting surgeon I A.?I never did, nor am 1 aware that it was done. I gave them to my clerk to write the superscription. n PUo.o Ir. ?ll >?T- r .V .... unit-,. ,ur HID mmrj HI " ? ick, if you ha\e any?if not, ?tato where they can be el.'n. A.?I don't know where they are ; I don't think they are in my possession. I never ga\ e him any reason to consider himself surgeon, and trammitted the whole ?ubjtct to the Secretary to the Navy, and washed my hands of it Q?Did you promulgate the instructions of the Secretary, and how? A?Most of the instructions were promulgated in a general order, which I can produce to-morrow merning. Q?Did not the accused request that he might be tried, verbally, as well as by writing, and how often and what replies did' vou make 1 A?He aid so. 1 think his last application was in the Kejee Islands. My usual answer was that the business would be attendee) to when the squadron was together, if my time would |termit. 1 don't remember how many times he made application. Q.?*Did the accused ever request copies of charges I if yea, when and what was your reply 1 A?He did, sir, request it. I dont recollect that I made any reply. I understood, however, from Lieutenant Ringgold, that he gave him a copy of his charges sent by me to Lieutenant Ringgold. I was not in the habit of answering his letters usually, nor any such letters when I w as actively engaged in duty. Q.?Do you know, or can you fix by your despatches to the department, what was the date of sailing of the Royal (ieorge, and have you copy of such despatches ? A.?I do not know any Royal ("ieorge. H-?Did you write to the department from Sydney, and did you specify the subject matter of the first of these charges in your despatches ? if yea, produce the statement made respecting them ? A.?I did write to the Department, but I don't think 1 mentioned the charges. I don'i think I knew anything about the charges at the time. Q?Do you remember the date of the last dispatches from Sydney I A.?1 don't remember. JiiDor Adv.?As near as you can. Witness?I can't remember, 1 will state all I know to the Court, and that will satisfy the Court and the gentleman too. 4?Can you refer to copy of papers and fix the date 1 Witness?1 wish to state all I know on the subject 1 am sworn to tell all 1 know. I most pro. I bably knew nothing a'sout these charges till aferwe left SydDey, so far a* my recollection serves. We left Sydney on the 36th Dec. 1839. The difficulties between Dr. Uuillou and Lieut. Ringgold occurred about the 10th, or prior to that, about the beginning of the month. When 1 understood the difficulty had occurred, I sent for him to my tent, advising him as to the course he was pursuing, and my reason for doing this was to persuade hina to think better of the fconrse he wa< pursuing. This is the report handed to me t>\ L'*,?t. Ringgold. [This was ti wiu corresponding with the evidence of Lieut. Ringgoi en j rsterday ]. Lieut. Wilkes's answer to this was read, which ordered Lieut. Ringgold to prefer charges against Dr. Ouillou immediately. That is all I heard of the charges there. The conversations 1 have mentioned with Dr. Ouillou occurred between the receipt of Dr. Ringgold's report and my answer. 1 was in hopes, by Dr. Uuillou having apolofised, to have prevented the necessity of these charges, saw some small articles on the requisition, which I thought ought to last a cruise, a mortar and pestle, 1 believe, among others. I examined the requisition mere particularly. and wrote a ni.te on it in nencil. calling* at trntion to it. I can recollect having received prior to this, some letters from Dr. Guillou direct, but I did not read them. I lent them back, saying he must forward them by the usual channel. Tne Court then adjourned till ten o'clock to-morrow morning. New Orleans. ? [Correspondence of the Herald.] Nkw Orleans, July '25,18-12. Affairs in New Orleans?Runlet?Currency?Old Ben Story?New Financial Movements?Trade? Health? Wtather. James Gokhon Bennett, Esq. :? My Dear Sir :? We are nearly a week now without the sight of your valuable paper; I should say more than valuable; for, unless that is received at the Merchants' Reading Room, and put on the Bulletin board, the mail ui considered as a 1 hi In re, and brought no news whatever. For the last five or six days the mail has failed regularly beyond Charleston, which is now satisfactorily accounted for, as it appears that there has been a great rising somewhere in North Carolina, not of the people, but of the water, which destroyed a part of the railroad beyond Wilmington. Our State election is just over, and the democrats have elected their Governor by about sixteen hundred majority, but the whiga console themselves with the idea that they will have a majority in joint ballot of seven to nine. Of this they are not so sure, as many of the old whigs that have been returned in the upper parishes, are more democrats than whigs. One thing is certain,the banks iiHve now got to pay or liquidate, one or the other This community will not bear with them any longer. Since trie resumption, on the 16th May last, the peoole have got a taste for the Mexican castings, and you might as well try to pay a debt with cord wood, as to offer them the suspended bank paper. I do not believe that we will be troubled with more than three banks here next winter, viz: Bank of Louisiana, State and Mechanics' and Traders', for unless the others have r (which they will not) sp-cie, or its equal, for every dollar of paper liabilities, it will be useless for them to make the attempt to resume, as the run will be tremendous. Old Hen Story is about to resign the presidency of 1 the Bank of Louisiana, and start a private banking r business, in connection with the agent of Brown, Brothers (V Co. here. Their business will be principally buying and selling bills of Exchange. They will receive deposites, and issue certificates for the amount, charging a small per centage for the trouble. England and France will have to send large Quantities of gold and silver here this fall, for it will De impomible to negotiate bills of exchange t<> anvextent, unless at a ruinous discount: conse auently, if they send orders for cotton, tobacco, Arc , tney must send the coin to buy it with, and by thi9 course we will soon have plenty of specie and ! a sound solid currency, and every thing will sell , for what it is actually worth, ana no more. Thif community is not to be humbugged very soon again, . and no new irutitutions will receive any credit whatever, unless it is so managed that they can i keep themselves in *uch a situation, that, let come what may, they will always be ready to toe the mark whenever it is demanded of them I have not the least doubt all of one million of dollars hatbeen lost by the paper of the rascally banks, and shinplanters of the municipalised, since the 16th ol Mav, in the way of discounts. New Orleans is and will continue to be a place for some time to come yet, unless the Mississippi concludes to occupy the ground, but at present - there is no danger of that, as it is helping itself to Algiers, much to the annoyance of the inhabitants over there?the loss will not be much, however. Business with us is very dull, which in general is the case here this time of the year; but wt anticipate a fmr fall cash trade The West has lost ' nearly all of itso lit wi h ussince the recent troubles in St. Louis. The sales of Cotton are small, say about 2600 bales per week at the following prices:? Middling fair, 84 a 8|; fair, 9i a 10; and good fair, 104 a 11 cents. Tobacco dull: sales last week, 750 hhds. at 1 J a 2 cents for ordinary, 34 a 3J for X, fair lots 2J a 4J cents. Sugar dull, with a light stock, at 24 a 44 cents. Molasses, 11 a 12 cent* | Flour #4 a 84}, dull; about 300 barrels new arrived here yesterday from Louisville. Whiskey, 14 a 15 r cents Corn, 33 a 36 cents; demand good, with large orders for the northern markets. Wheat, 90 to 95 cents. Pig Lead, #3 a #3j, with a fair de1 mand for exportation to France and England. Kxf change on New York at sight, 2fc a 3 per cent. | discount for specie ; sixty days' sight, 6 a 7| per cent, ditto. But few persons in town at present, a large share s of them having left lor the north, and a great many are to be fonnd over the I^ake, where the hotels are crowded. The weather is very warm, but we are ? as yet perfectly free from Yellow Jack.; he is not expected here this summer. In my next I may chance to give a description o( j some of the performances of our celebrated sheeta iron band, and a little of the doings at a singinq school in Julia-street; so look out, Mr. Clark, how 1. you talk to those ladies. More anon. 4 L* B. IERA V. H. Circuit Court. Before Judge Betti. Auo. 4.? Trial of Benjamin Demeyer?The prisoner w as put upon his trial charged with purloining apackagv containing hank liilli, from the othce at Bouth Durham, Greene county, of which he was postmaster. The District Attorney, in opening the case.slated that the prisoner was tried under the law of the 3d March, 1WJA, commonly deuominated the Post-otlice Law, by which it ii prov ided that any "poet-master who shall embezzle or aecret any letter that may come into hii handa containing money, shall be punished by imprisonment for a term not less than ten nor exceeding twenty-one years." It will he shown, suid the District Attorney, that the letter was placed in the post-otfice at Windham, Greene county, directed to Catskill, and passed through to prisoner's ottice, after which there was no trace of it Belore that he had been poor, but immediately afterwards paid up several amounts of twelve, thirteen, (iifteen dollars, and higher sums that ke owed. The money paid by hiin was the same kind as that enclosed in the letter, and in ouo instance, a particular bill which had been in the letter can be traced to his possession. The District Attorney called upon the jury faithfully to do its duty . but said at the tame time it was tneir province to weigh Mich doubts as might exist. The penalty was severe, and ruin to the prisoner must follow a conviction. If he deserved it. however, their verdict of guilty should be firmly tendered. Jonathvm M. Matthews, (lirm of Matthews (k Hunt,) testified to having mailed in the pohUitfice at Windham Centre, Greene county, a letter containing $245, mostly in 10's and A's, of the Catskill and Tanner's Banks, among which, also, was fSnotenf the Onondagu Bank, which he wn..1,l 1,....... I~?._ I ? wi.L. liir r" iMLii III,...11.-. HI ? lilt II 11 wai torn, and from figure* ami letters which were on the hack. The letter was directed to Mlrun Hill.ji., Cashier of the Catskill Bank, but never reached its destination. Akijaii Stone, post-master at Windham Centre, testified that lie received a package from Mr. Matthews on Sunday May 15th. He did not know that it contained money except from the appearance. It was about the size of a bank bill, and J to J an inch thick. Placed it in a wrapper directed to Catskill, and sont it on. Hirvm Ko?, post master at I'nion Society, testified that his office is aliout three miles from Windham Centre. He overhauled the mail w hen it came to him. Recollects seeing n package such as described. He took it up and said to a mail carrier, (Mr. 1'eirson,) who was sitting near him? 'Boss, 1 jfuess there's quillt in this." 1'eirson replied, aye, so there is?this is money. The packugc was directed Catskill. Threw it in the hag and sent it on. Witness keeps a tavern, and opened the mail in a bar room. Mr. Peirson, blacksmith and mail carrier at Uoion Society , testified to having felt the package, supposed it to be money, and saw the post-masterdrop it in the mail bag. In answer to a question of prisoner's counsel, he said he did not see Mr. Fox lock the bag, although he might have done so. This was on Sunday?on Tuesday Mr. Mat. thews was along, enquiring about the money. Georp.e Moore, the mail stage driver, testified to having delivered tne mail to the various offices as far as Cairo, including that of Mr. Demeyer. Moses Olmsted, Postmaster at Acra, the next beyond South Durham, tostiGed to having received the mail on that day, but did not observe any package which created particular attention. The mail was smull, and he thinks hod there been such, his attention would most likely have been attracted to it. TifOMts Wat, postmaster at Catskill, testified that no such letter as had (>een described, ever reached his office. H. Hii.l, Jr., Cashier of the Catskill Bank, testified to having received a letter from Matthews Si Hunt on the 16th Mav, enclosing $-26, and referring to a previous remittal of $'243, which, with the $'26, woujd have been the sum necessary for taking up two notes in the bank belonging to them, dueon that day. Knows Demeyer: never heard anything against his reputation, but heard that he was poor. A note which he had given for $80, was dis. counted at the bank on behalf of the person to whom he gave it, but never paid. Mr. Matthews re-called?Recognized a $5 bill of the Onondaga Bank ihown him, as one he hail placed in the letter. | Randolph H ikn \ testified to having paid away a $5 bill, (the one here contende I to be the same) which he received from Mr. Demeyer on the '20th May, in part payment of a judgment of $H which he held against Demeyer. (I. Kicklrson wa^paid $12 60 on the 17th or 19th May, by Mr. Demeyer, in Catskill bills, for some oats sold by him to latter. Demeyer kept a public house?one kept by another person, about three quarters of a mile off, was burnt down a short time previous. J. Stevens, grocer, testified that prisoner paid him $90 60c. on th'! '20th Mav, in Tanners' and Catskill bank bills. It was for an old balance, on which he had sued, got out execution, and a levy was made upon Mr. Demeyer's property. The sale was to have taken idace on the '20th of April, but adjourned hy request of Mr. D. to the'20th May, at which time he paid it. Tk.n!>lrl?l A --..I -.1 *1- CI il addressed the court, contending that the prisoner'* cur did not come within the statute alluded to. He was overruled, end went to the Jury. He stated that he expected to shew that Mr. Demeyer not only wu free from blame, hut that from the character of Fox, if such a letter had Iwn taken, it w as most likely that he was the man who took it. The circumstances connected with Mr. Matthews himself, too, he considered very suspicious, and calculated to create doubt in relation to nim. John Demf.yer was then called.?Is father of defendant, ami has resided with him about seven years. He keeps a public house at South Durham ; is postmaater there, and also carries on a farm of about one hundred acres. Mr. Boomhosen's tavern was burnt down in March. It was the next adjoining to that of prisoner on the tide of the mountain. He was an old tavern keeper, and much of hi' custom, after he had been burnt ont, (ell into the bands of my son, whose business was doubled in consequence. Have known my son to have money when he said he had none, and I understood he Aras saving it up to pay the judgments against him, lir. Other testimony was offered to shew that prisoner's business had become greatly improved by his neighbour's loss?also that his character was goo<f, kc. One of the witnesses said there had been an insinuation ns to his takiug hay from the horses racks some time ago, but he knew nothing of such himself. There was an effort to impeach Kox, but it did not amount to much. The prisoner's father, and his two brothers (all rather superior seeming men) sat beside him in court. The case was summed up by Messrs. Hoffman and Sherwood, in the most powerful manner, after which the Court delivered its charge. Judge B. reviewed the various points in the evidence, stated the law on the subject, said that when a letter containing money has l?een clearl) traced to a particular post office, the postmaster is hound to render explanation in regard to it. He alluded in strong terms to the $5 Onondaga bill, in particular, having been in possession of the prisoner. The judge als? alluded to the general good character of the prisoner, his being a man ot family, probably this his first offVnre. Itr. but cautioned the jury that the considerations of such however we might all sympathise with him, must not prevent them bringing in a verdict strictly according to the evidence; unlortunately, recent experience hat shown too many, who seem to have fallen at once from good standing to crime ; they bring, however, the suffer ing on their own heads, and must endure the penalty The Judge concluded his charge a little after & o'clock the Court having been unremittedly in session since I " ? ?? ...V.UiUg. The Jury retired. About half patt 7 thejr returned with i verdict of oriltv, but recommending the priioner to tin mercy of the Court. The Judge laid he would he mow happy to attend to it, no far an in hii pswer, but the low eat sentence the law will allow is 10 ^ ean imprisonment The priaoner (who seemed much affected) wn then re manded. Indictment of Jlnthony L. Frotch.?The Grand Jury re turned four bills of indictment against thin individual, foi perjury in entering good* at the Custom Houae. The C*ie or Torriino the Muaur.Rd.?Yeaterdaj morning, at II o'clock, Thomas Topping, who I* undei sentence of death lor the murder of his wife F.lizabeth, or the 1st of January last, was brought before James R Whiting, F.*q., and Dr. John W. Francis, commissioner! appointed by the Governor to conduct an examination foi the purpose of ascertaining whether or uothewasini sane ?tate of mind at the time of committing the murder. The prisoner looked pnle and feehle, and displave I thi rme stolid indifference as to what was going on, that h< evinced at the coroner's inquest, and on hii trial. Mr*. Ann 8. Stephens, the authoren, who we under stand has taken a lively interest in the fate of the prisoner and been instrumental in procuring hii reipite, hi well a the issuing of 'he present commission from the Governor wai pruent, seated along lideof the commi?sioners, watch ing every stage of the proceeding! with anxiety, and act ing as counsel for the nrisoner. Justice Mataell wii'tlio preaent, and administered th< oath to the witnesse*. Doctor Join H. McCoi b, iwom?Witnea* tint becam? acquainted w.th Topping r>n the 51 of Jnlv laat, in the eit) prison, and hai been in the habit of seeing him daily morning and evening, since. When I Ar?t *aw him he complained of pain in the aide of hi? head an* face, which he iaiil wai of lonif standing, and that he war troubled with it before lie came into priaon. He w ished me to extract a tooth, laying that alway* relieved him. I found hia teeth aound. and treated hi* complaint by acarifying hi* gums, administering anodynea, and cup pin^him, which appeared to afford relief. He waa much debilitated, and I ordered a change of diet. He appear* t< be a man of weak intellect, and of not much education. Johk Hakh Iwurn.?Witnea* reaidM34| Kldrldge street and is an undertaker by profession; 1 have been acquaint ed with Topping ever ?ince became in the country abon eleven year* i?o ; we came over in the same *hip ; alwaya found him a sober, nice man, of g*od character I have known him to suffer from a pain in th head, i roduced by being sun-atruck. I x*a? wit! him when be wa* utruck by the min, but did n< know he wa* sun struck at the time. I think It wa* i the year of the cholera. He waa walking on the 8ixt Avenue at the time, near Greenwich lane, hareheaded.The iun wa? very hot, and I advised him to put a ham kerchief or apron on hia head, he did not coveT hi* hem Ho made ho complaint about hia head before I left him. H came to my houia that same evening, appeared to be pe fectlv crary, holding hia head with both hand*, and *ai ing "he. believed hia braina would fall out," he appear* to tie completely detracted. 1 aaked him fo take a cup < tea or coffee, but he would not. I do not know that ?n; thing waa done for him at the time. He did not drink an; thing at mv home, and remained utanding all the time. *?w him the next day, when he appeared to he easier) asked him if hi* head wa* better, and he said he did no know, he then preased hi* hand* to hia head and *?id h believed hia head wa* boiling over, and that the roofo hi*head would fly off; I have frequently seen him In ' atrange state of mind sinoe that time, with a wildatore i> hia eye*, acting looliah and utrange ; he appeared to h>" ' a veiV ahort memory. He ha* been in that state of min.l e?er aince that occurrence to the present time. I heard hi? late wife aay more than a.hundred time* tnat n ? ? gg* LD. Price Two Cent*. wot not in hii right mind. I have teen him fiequenily sitting on hit scat, apparently not able to work, and at other timet walking about the house, wringing hi# hand* aad cr\ ing like a bady. I have frequently heard him ?ay he wai> an aid he w ould loae hi* eye tight. I 1 ave mwn him standing at the table eating?he would not tit down, and appeared to lie indifferent at to lood. I waa not a w Hints on hi* trial. I taw him on the day of the murder, t>oth before and alter (hat occurrence. 1 tirat taw him on that da> between 9 and 10o'clock, in a houte w here be w as at work in Centre ktreet, a thort ditiance from hia residence, lie wutut work on bit neat. I had a converaation with him, and aaki-d him if he would let hia little boy come and drive my hears* I He mid be would, got up and went with me to his houte I thero found a woman lying in bad, and lilt wife, lie atked bit wile lor the boy. ana the taid ho wat out. We lioth told her 1 wanted the boy, and kho laid the w Ollld kl'lld him. 8t.<l lh?n '1'O.ninir ?n.l mv. elf went out together, ami he went to hii work, and I went home. He was sober at the tune, and we did not drink any together. He engaged in some light talk, said It wa* u dull New-year* day, tiut that he would he likely to have plenty some time. 1 cannot say his wife wa? drunk, but she looked as if she had drank ?onie. I cannot say that she was drunk, or that she wai sober. T hey appeared to be good-natured and pleasant towards each other. 1 next saw him on the same da> , when word came out of what w ux done ; I was passing by bis place on my way to church, and saw a crow d around his ilooi ; I did not go in; 1 saw him m the door; the otlicer* had ariested him, and were bringing him awaj ; 1 did not speak to him, nor did I go to the Police I'ttice, but went on to church, i did not see him between that time and hii trial; I wint t? the priaon twice for that purpose, and they would not ad init me. I did nut wish to appi ar on the trial us a witness, because it was a case of life and death; I was never turn mailed or called onfor the pui |K>sc of becoming a witness; 1 ffc-st heard he was sunitruck on the night ol the occurrence ; he has frequently told me since he was sunstiuck that he was afraid he would lose hi* reason, and become unable to supiiort his lamily. Coii!?r.i.ii'? B. Ahciikr, Esq., iwoih.-'Witness is Coroner of the city and county of New York, and is a ph> si| oian. Has been in practice as a physician for ten years. I first saw Topping un the -Jd of January last, at the time of holding the inquest on the body of his wife. Heappeared to be a man who was much bewildered in hit mind, which I attrihut d to fright. He wa? present during the examination of the witnesses, and exhibited a stolid iudill'erence to what was going on. 1 saw no evidence of idiotism in his manner, or that he did not know right Irom wrong. 1 asked him how he came to commit the murder, and he replied that "he did not know what come over him." I have seen him frequently since, lioth before and since his trial. He appeared ty be a man of feeble intellect, without tducation, and of 1 mited means ot infoimation. Subsequent to the inquest he appeared to labor under the impression Unit the inquest w as hit trial and that lie was to be executed, and asked me how long I was going to give him to prepare. He must have lumn education, as 1 have frequently seen him reading the bible. I never saw any direct evidence of insanity in him, never saw him exhibit any indications of insanity, although ho appeared to be a man of great debility of mind. I con sideredhima man of inolleniive turn ol mind, and can hardly conceive how he could commit an act of violence without some powerful and exciting cause. Edward N- Mkad. sworn If a minister of the gospel, connected with the Episcopal church. Has visited lopping frequently since the 1st of Febiuary last. Our conversation has been of a purely religious character. He appeared to be of a very weak and feeble mind. He told me several times that his wife appeared to him. Hetaid, that on one occasion he asked her, "Well Betty, did I commit this murder 7" and she replied, " Ves, lummy, you did ;" that lie then said, " Well, then, I didn't know it Betty;" and that she replied, "1 know youdidnt, Tommy." At another time he said he was crying with the toothache, and that she came and turned his liecdonthe pillow, and the pain immediately lelt him. His memory appeared to be feeble, and he has never appeared to i ealite the enormity ol his offence. He has fi?quently told me that he did not recollect what occurred on the 1st of January last alter 11 o'clock. He has never exhibited any contrition for theollence. 1 never saw him in a condition when I thought he was incapable of iliktinguithing right and wrong, or the difference between a moral and immoral action. ?".> ?? mi l, worn?witness resiues ai r.ianugo street; in a carpet weaver by profession, but is now employed by the corporation. ^las known the prisoner for ten years, and always found him a very harmless man. I saw him about two years siuoe at my brother-in-law'a bar. He appeared wild, and looked wild out oftheeyea. I would not trust him to do any business, and 1 believed him to be incapable of doing any. Never heard him complain of hir head. Have heard he was sun-struck. Always thought his mind was weak, and that he was ignorant?what we call a simple man. I did not apprehend he would do any person an injury. I believe he was capable of distinguishing a wrong action from a right one. I have not seen him before, since that day two years ago I spoko of. Elizabeth TorriNo sworn?Witness is a sister to the prisoner Topping; he was born in the county of Armagh, Ireland, and has been eleveen jears in this country ; I have not seen him but seldom for the last three or lour years; he was a sober, steady man when he tirstcame to this countr) , his wife first told me of his being suiistruck, mid said that his temper had changed since that time very much; he appeared to be more stupid after that accideat than formerly; I was afraid that he might become insane, and go to the asylum; he was always a weak minded man; he has put me out in the snow when I was sick, and afterwards would not remember he had done it, and would not believe it; at timet be would act strange towaids his family, and would treat those worst that he liked the best; never knew him to act strange when a boy; 1 have frequently aeen him have strange fiU, jump suddenly from 'tis seat, and sometimes cry and sometimes sing; once he acted very stranpe, suddenly bursted out crjing, said he had no home, and then began to abuse and curse bis mother; 1 have seea him in prison frequently since the mur t#r nnrl hi* hu hutnn rivnllprtinfi nf thp mnrrli-r! I rmvur knew him to mistake one member of the family for another; be alway* knew me to he bii lister. Isabella Robkbts swom?Witnes* reside* at No. 30 Sixth Avenue , hiis known Topping lor eleven year* | he wai a tenant of my husband's; tor about three years after he cnme to this country he was steady and attentive to hi* family, but after that he became unsteady, and exhibited much weakness of mind, which I have heard attributed to his being sun-struck ; about five or sit years ago one of bis children died and he left the house previous to the funeral, after waiting for him a long time the procession moved, and he met it in the road and insisted on taking the corpse back to the house; he was a weak minded man, but I can't say w hether he could distinguish between right and wiongornot. Moses Heatly, sworn?Witness reside* at 71 Thompson ?treet. Has known Topping between two and three years, lie was a tenant of mine. 7 have seen him but three'time* luring the last fourteen month*. 1 he la?t time I saw him wasthein month of Apiil previous to the murder. He '-ame to my store and passed thiough into my loom and sit down without fpeaking to me. After he wa* there ?ome time 1 spoke to him, and he gave me a simple answer I did not understand. My wife remarked that he looked *trange. I then told him to go home, and he got up and went home. One night when he was my tenant, 1 wa* : called on and found him partly dressed in the entry and threatening to kill some women. I was told he had a knife. I believe he knew the difference between right 1 ind wrong. I never thought him insane. : Dr. John Robinson, sworn?On the morning of the lit 1 of January last I saw a man, whom I afterwards ascertained was Topping ; I was at his house attending a sick girl named Kelly; i reproved the women for not following my direction*, and they treated me rather harsh; Topping wa* quite courteou* tow ard* me, asked me to take a seat; he appeared sober; I noticed nothiag remarkable r in his conduct, except a species of over ceurteousneas. Samcei. DmiU, *worn?Topping was in my employ about fourteen months, from 1M0 up to the time of the ' mur.ler. He did hi* work as well a* he could, but he wa* r not a good workman; he wa* irregular, quite forgetful, > nnd strange in hi* manner*; have heard something of hi* having been sunstruck; he was at my store on the morn? ing of the murder, about 9 o'clock ; I gave him some ' money. I saw nothing unusual in hi* look*; he talked > about going to work; he alway* looked pale, had a wild vacant look, as if he wa* a man laboring under trouble, * ind never appeared cheerful; I never saw him in a condit -ion when I thought he could not distinguish between right and wrong. I saw him in prison some week* after he murder, when he told me he had no recollection of how it happened. The Committson was then adjourned until Monday next at 4 o'clock, P. M. Chatham Thkatbe ?A rare bill at the Chatham . to-night. Besidea the tragedy of Macbeth, with an excellent cant, they bring out the intereating drama of the Miller'rt Maid, Mr. Kirby sustaining the cha, racter of Giles, which he will do to the letter. 4 CHANGE OF AIR AM) OK S< KNK is o? only ?* eaaential to health, bu$ * great aonree of enjoyment in 'he I Summer tenon to the resident* of a crowded city. F>' thia, nothing can compare with a JAUNT TO HOBOKEN, to iltoae who rati lea*e New York only for a few houi. Im tliady and rti?emified walks along the n?er?the invigorating breetei from the water?the picture K]u? beauty of it? tcenery ?the many 8ne ?nd commanding riewa pre?>-nted fiom the * nmmil of Ca tie Point, and other pointa in theie enchanting vroundt?the romantic ?ite of tbe Syhil'i Ca?e?the delmhtful , ?erJure of the Elyaian Fields, e li* rlied i'i the afternoon b> sn MNntM band Of music, all conspire to render this hy <ar J" , moatfxoiite place of Mummer reaoit. Access ii tenderer! easy , >>y the B relay, C?nal, and Chrntopher street Fern Boats, ' which ply constantly during the day t?d ''rening. jylitw r ~~ PHYSIOLOGICAL ? Married and Smgle Persons, in^n^ltewof th' -"'most importh <nce to the Human Race. By Eutine Beckl ,. ' Among the thine* duly considered in this wo.k y. MMw 1. of.eriou. importance to ^?i^.r*^).lThp ?rt ,,f n, aitv .l 1 X he "'a *'|L r 0f toil run pr*c?ic??, and how the h*hit If, l,ooruhi|? I h'^Vf ;;,/;;. ,,f L,-rc and Jealosy, wiih a way be j. from the lyi^M the **ed? o. ftVowleis i 3T;ttnr7f.^^O(K.& including modes for the proI ;.?.???! nrerrnlion thereof?'Tests lor knowing the ? *ca of *' ''' i* chih rer>?Interni ?rri*e?Persons who ought and ought >f ' , imitv?The bhmi ampiciou* seai'in for w dlock. k<\ I' " 75 cent*. For sale at 9t Nassau atreet, cor. of Fnl'nn, '* .?.nw Broadway. *ti!'n*T / nt-:\t11/V!? KliDlH KD.-The NfqrtK American Fire in I I sursnce Company hare reduced theii rate* of insurance on >< ill ?r<ire? dwellings, and merrhandiie coi tained therein. offer No. J* Wall atreet, opposite the Merchants Kichan?e. < New York, July 2lat, I84J. , ' ROBERT AJNHLEE, Pre.ident ' IOH^ MiBRAIR, (UfreUrr. j RILLS OK EXCttANOTTojr^l pSr'fs <England, <rel??d n and Scotland, in sums of (Si fo?l?uj/J. ,?*nv ;mo?n? for tale hy ?. J. SYLVESTER, M W?ll Ml, I ' and IM Broadwaf,