Newspaper of The New York Herald, November 30, 1842, Page 2

Newspaper of The New York Herald dated November 30, 1842 Page 2
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?1" ^BS^ggggg NEW YORK HERALD. \e*v York., YVrdix * lay. Siovembw :?>. 1H*'J News for Eci.ipe.?We shall publish an Exirt Herald this afternoon at hall' past two o'clock, 11 time for (he Acadia, which leaves Boston to-nior row for Halifax and Liverpool. It will contain the lat"st commercial, political, fashionable, and theat rica! intelligence. The letter bags of the Acadit w ;i! ('?!?' at the |>o-r office mid Gilpin's at half pas Hi: r, ?nd at Harnden'^ at a iiuartertofour o'clock 'I'lif Case of John C, Colt?The Rxt rnordlnn. ry Scenes connected with hta Last llour und Ueath. The extraordinary developemcnt made by ou Higti She rill 10 the Common Council on Monda; right, 01 the attempt mode to bribe him with not t ' hang Colt for the murder of Adams, the par ticulira of which we published yesterday, has in reused to an alarming extent the excitement whicl prevailed in this city on the subject ever since tin i x'raormn try suicide ol the murderer, and tlie fjrtni ft tlie prison in which he was confined. Tie-re i- but on* feeling in this city on the subject and it is that a lull and thorough investigation (it every etto of the word) of the whole matter b made by the proper authorities And in order to i right understanding of the affair,let us briefly detai tlte marvellously uinqular circumstances that hav attended this man from his sentence to his suicide It will he remembered that the strange proceed tugs on the 'rial of Colt, as published and comment I'd on by us, were denounced by the English paper as fabulous; and indeed they formed the basis 01 w hich the abusive article in the Foreign Quarter!; Review was founded. The scenes connected wit! tlie trtal and conviction of Colt were the burthen o that article. Now, let us review the scenes tha hive transpired since, which, to our English readers will certainly appear entirely fabulous, and withott t':ie slightest foundation in truth Tic extraordinary murder ot Adams, the equalh trat 'o tri ll of Colt, hts conviction, the scenes in the Court room,and around the Park and City Hall th< stupendous efforts made by his counsel to pro> i ire a new trial, the refusal ol the three muges 01 -ine oupreme t^ouri ana 01 m< Chancellor to grant a writ of error, andthepow ' rfnl strujgle between the law and Colt's influ ntial and wealthy friends for supremacy, dowr to the day of his sentence, are all vividly fresh in the recollections of our readers. Up to the hour thai Judge Kent .sentenced Colt, it is very certain that both himself and his friends felt confident that he would obtain a new trial. When the day of hie sentencing at last arrived, and the question of a new trial became a matter ol doubt, then commenced a contest between the power and majesty of the law on 01 .e s;de,and wealth and influence, and troo)>sol powerful friends, on the other, that for cunning, skill, management, desperation, recklessness, and the terrible and mighty energies of despair, has never had a parallel in this or any other land, and we trust in God never will again. The cont'Pt was commenced by Colt in (arson, in the Court room, before Judge Kent, at the time that the Judge proceeded to pass sentence of death upon him. From that hour till the awlul one in which he rushed unbidden into the presence of his .Maker, every conceivable engine appears to have been employed to effect his escape from the awful doom of the murderer. Legal ingenuity?all the quirks and quibbles of the law?letters of entreaty and remonstrance to the Public Prosecutor, the Judge, the ' Governor, the Sheriff: and when these failed, letter* threatening personal violence?|>erhans death?to the.-e parties, in case of refusal?the subsidizing of at lea.-t two newspapers, and the Hitempt to influence others, to publish article after article calculated to influence the Governor, and turn public sympathy in favor of the condemned ?. te?petition upon petition, which men v ere hired to'raverse the city with, nnd get signatures to--h public meeting of the Bar of this city?the passage of resolutions and their presentation to the Governor?a; peal upon appeal, and protest upon protest, to the FxTUtive to commute, pardon, or grant h new tridl to Colt?bribe upon bribe to the deputy keepcr-< of the city prison, the Deputy Sheriff", and even the Ilieh Sheriff" hints If?a legal (or rather illegal) ; rote?t to the Sheriff", threatening to hold him responsible if he dared to execute the sentence ot the law upon the prisoner?appeal of the Sheriff's own counsel and own brother to the Governor lor a respite, commutation,or new trial?the conveying of weapons ot destruction to the prisoner,and the oflficia negligence which looked on and allowed this instruments of death, more than two or three, scissors, penknife, poison and the dagger?the hoping against hope, ;vnd the death-struggling personal appeals to the Sheriff at the last hour?and, finally, as a rcttort and terrible denotement to this terrific tragedy, the firing of the City Prison, and the suicide of the condemned, in order to evade the penalty of the law, and laugh justice to scorn throughout the length and breadth of the land' All these circumstances formed a succession ol scenes, and a fearful finale, that will long live in the recollections of the people of tills city. Let ui calmly and briefly review them. When culled up to be sentenced for the murder and a. ked what he had to say, lie with desperate energy first abused, and then defied the laws, beard ed the judge on the bench, and cooly said, in effect ?that under similar circumstances he should do the same thing over again. He went back to prison, and thence commenced his general tirade, in the shape of letters through one of the newspapers. In these he endeavored to show that he was right, and very one else was wrong?Court, Jury, Judges Governor, the press, and indeed all and every on* who did not defend hi at. Still, lie did not think that he would have to die so soon. There was the appeal to the Chancellor for a writ of error ; that failed. Then the meeting in the Park, and th< appeal to the Governor?that failed. Then the otliet countless efforts to influence the Executive?all o which failed Still he had hopes?the effect o bribes The first attempt was on the Deputy-keep ers of the Prison with about #1000 each, and tht promise of more. This failed through the integrity of Col. Jones, the principal keeper, who put hitn in irons The time was drawing awfully nearer?still he sent not for the clergyman, Dr. Anthon?he still had hopes. The Monday arrived immediately previous to the Friday on which he wns to die The Sheriff stept in, took charge of him ; gave a receipt for his body to Col. Jones, knocked ofl hit irons, and put him in charge of two of his deputies, \ ultee and Green. Then he had but 98 hours to live, and then the clergyman, Dr. Anthon, first commenced his spiritual exercises with him. He was apparently indifferent, penitent, obdurate, and subdo d.by turns?denied that the killing of Adams was murder?and at last induced Dr. AntVon to believe tint he was prepared to die Uke a christian? felt s re of a full pardon for his sins, and of eternal hapi'i less through Christ?and denied solemnly thai he contemplated suicide. In short, he so complete ly deceived the amiabls and credulous minister, ai to use him and make him indirectly one of th< means by which he escaped the penally of the lav at last. And yet all this time he was at work to tr to es< ape by any means, however desperate. #5fl in cash was brought him ; with this he offered t bribe his keeper, Vultee, and promised him mucl mere, only to put him into another cell, the door o which (unlike the one he was then in) could b opened by a master-key, which some of his friend could easily procure. This failed. lTp to this timi his cell was searched, all dangerous weapons wen removed, and he was permitted to see no one exceji in the presence of his keeper. Had this wise at range-nent been carried out, he never could hav killed himself. An escape in woman's clothe was proposed, but refused. His brother the went to the Sheriff, got him to revoke his forme strict 1 idea, and to issue an order to his depntir to allow Colt to see liis friends alone in his cell - H<-re 'w is a threat point gained, as he then could | obtain tiie means o( sell-destruction. Still he had | . hopes ol escape. A letter was sent to the Sheriff, enclosin" #1000 and promising $1000 more ; merei ly to refuse to hang hiin. This was kept by the t Sherill and never publicly revealed till ten days alter - Colt's suicide ! On the effect of tbisletter and bribe Colt depended till within two hours of hi.i death ; for, at that time he renewed hisap|>eals to the sheriff aot i to hung him, promising lnm a new house, dec. if he t would only 'et the hour pass by. So strong was the reliance of his friends up to that moment that he would not die that day, that they pro. ured no coffin, made no preparations for his burial, giving as a ? reason that they " did not think it would have to come to that." r All Tuesday, Wednesday and Thursday, he had y been allowed unrestricted intercourse witli his 11 friends, an 1 some one of them, doubtless, in that - period, give him the dagger with which he destroyed himself, and the laudanum, scissors and penknife i that were found iu his cell after death. He had f these, he had the #500, lie had the confidence of 5 the Clergyman that he would not commit suicide, and might be salely left alone lor any length of time > ?he had the promise of the sheriff that he should it not be executed till the last moment?the setting of e the sun?when any accident like the firing of' the a prison, the openi"g of the gates to admit fire enil einer. (all which did orcenrl rniirht nrfveni fh?> e cufion. Thus was he doubly and trebly armed against nil emergencies up to the last moment ot his life. Such was the state of affairs on the morning of s the eventful day on which he died, Friday the 18th t of November, a day long to be remembered in the f annals of this city. J. Tiie Day ok Coi.t's Death ?Thiswns a clear, ( bright, cold day, that seldom occurs here at this season of the yeur. Throughout the city there was j but one topic of conversation?the execution of Colt. Tt was in the mouth of nil, as soon as they r awoke; old and young, rich and poor, male and female. " What hour will he be hung 1" was asked by every one ; but no one knew the hour until they had entered the prison, and been told by the sheriff > The office of this functionary was literally beseiged by persons applying for admission to see Colt hung. All but a favored few were refused. This only increased the excitement. Thousands declared that day they did not believe he would ever be hung.? In many places heartless men were betting heavily on the subject. As soon as it was day-light an eager and curious mob began to collect around the walls of the |>rison, determined to be in the neighborhood of the tragedy, although well aware that they could see none of it. Many persons who had the cntrfe of the jail swallowed their breakfasts hastily, and ran down to the scene of action, fearful that they . might lose the chance of gratifying a morbid curiosity. One man actually came 300 miles to see the execution. All business seemed suspended in the city, and every one was in the streets, enquiring if I the last scene of the tragedy was over. The mob increased around the prison walls, and all sorts of noises, shouts, exclamations, and vulgar and ruffianlike observations that would have disgraced a pavage, passed from mouth to mouth. With the first streaks of day, and before the prison doors were opened, there wa9 one watchful form and anxious face awaiting admission in advance of all others.? This was the brother of Colt. He was admitted to the prisoner's cell, unsearched and alone. The interview was painful and affecting; tears stood in both th"ir eyes, but for a moment. Colt had been np nearly all night, writing a review of the Governor's written reasons for refusing a respite. He had eaten nothing, but drank pome coffee. His brother soon left. Colt desired to have a barber to shave lihn, and some clean clothes, that he might, as he said, rn?ke a respectable apeeataiice when Dr. Anthon called. He was very cool and collected dur in* the time the barber was shaving him; and although the keeper watched to see that hr did not snatch the razor, there M as no necessity for it ; because Colt still hoped to escape, and if he did not, he had his own means of sell-destruction either by him or about to be brought to him. The barber wished him "good by" for ever, and the tears stood in his eyes; Colt was calnt and unmoved. He made his toilet. "Now," said he,"tell Dr. Anthon I am ready to see him " The Doctor entered his cell; they knelt and prayed together to God for pardon. All this time the crowd was increasing outside, and the shsuts and noisesand ribald jests could be heard by Colt in his cell. Still he was unmoved and unruffled. Dr. Anthon left his cell so overcome by his feelings that he could scarcely speak The Sheriff arrived, entered his cell, and coolly asked him at what hour he would like to be hung. "Not till the last moment," said Colt. " I have a great deal to do?not till sundown!" The Sheriff bowed, acquiesced, and left the cell. It was now 10 o'clock ; the mob outside lmd increased to 5,000, all noisy, and shouting, and vehement. All sorts of cries were uttered by them. Within the walls, in the iail yard, close to and around the gallows, were two hundred spectators and officers, cracking jokes, looking grave, examining the gallows, pointing out the several strokes of 1 the ha'chet, each one of which had sent a murderer into eternity, and wondering "how long will it I be before Colt is hung!" " It's very cold here!"' "Y.s! I wish I could get a drink!" The police magistrates were beseiged by applicants for admission, many of whom they passed in, till at last they had four or five hundred inside the jail wall. Reporters, actors, doctors, lawyers, and judges began to arrive by dozens, to see the execution, and the ' group around the gallows at last grew motley indeed. i It was nearly eleven o'clock. Within the jail all ' was solemn and silent as a grave yard. Colt's counsel, Emm *tt and Graham, arrived, and entered his cell, unsearched. They told him they had come to bid him good by for ever. He received them cor' dially and calmly, shook them by the hand, said he was ready to die, like a Christian, and took his 1 leaveofthem' Thev lelt his eellench hath?H in ( < f Next came one of the most extraordinary scenes pver witnessed. Ilia brother returned, bringing with him Caroline Henshaw, the girl whom Colt had ' seduced, and the mother of his infant, to be married to him in his cell, with John Howard Payne, the I dramatist, for a witness. They entered his cell? 1 Awful scene. Then Colt ten* moved His intended ' bride fell on his neck and wept bitterly! He strained her to his bosom, and kissed her passionately.? Dr. Anthon was called into the cell, and then began 1 that grave yard bridal ceremony. Colt stood up in . the centre of the cell,the girl by his side, their hands 1 clasped, his eyes bent first on her, and then on the drawer containing the instruments of self-murder; the Parson began, "Wilt thou, John C. Colt, take I this woman to be thy wedded wife,iVc. ?.Ve., to love i and to cherish as long as you both do live, or until death do you parti" The brother, his two lawyers, the Parson, the dtamatist, a poet and a police maI gistrate, were the witnesses, with the jailer looking t in on them, and rattling his keys. God ol Heaven what a bridal. 1 It was now high noon. In lour hours he wasdoom' ed to die a felon's death on the gallows?the scaf" fold could be seen from the windowsof hit cell? y his wedding prospects were a horrid and speedy 0 death?that cell was his bridtil chamber?the maro riage portion of the bride, besides convulsive sobs h and tears, was $500, which the jailer had refused to if take as a bribe?amid the pauses of the Parson's e voice could be heard the shouts and ribald sooffings s of the mob?all hut Coit were almost overpowered e by their feelings?he alone was calm and unmoved s ?the sun streamed into the small window of hiscell it ?he never was to sec that sun rise again in this life?yet he was calm. Huch was his first and last e bridal on earth. s All left his cell but his newly wedded wife; ano n they were then locked up alone together for nearly t an hour, whilst some few of the more reckless withs in the iail were pacing round sneers and remarkf very unworthy the tune, place, or occasion. It was ?Z=ZZ",. . ??? one o'clock- Hie relative, friend, and counsel, Mr Selden, arrived, and entered his cell to aee him?and then his wretched wife?married but an hour?lelt him for the List time in this life. Colt drew her to his bosom, and kissed her passionately again and again, and followed her with his straining eyes till she passed troni his sight, almost sinking to the enrth. The clergyman enquired of the brother if a coffin had been brought It had not. They thought it would not be needed The Dr sent to his sexton for one, and ordered a vault to be ready at sundown All this did not move Colt an atom. The collin was Inought amid the jee's and shouts of the mob which now had increased to 10,000 around the jail, and the excitement was tremendous. Over 5i)0 persons had now obtained an entrance into the jail yard, and they were wound up to an intense pitch of excitement. Throughout the city the |>eople were in a perfect fever, and numbers feared that he would escape at last. It was drawing near towards two, and a bright star was seen in the northwest, ol uncommon brilliancy. It was Venus, but being so unusual a sight in the middle of the day, all believed it betokened something dreadful, and that it was mysteriously connected with the fate of Colt. This increased the excitement almost beyond endurance. It was now close on to two P. M. His counsel lor, Mr. fSelden, bid him farewell for over. He u|>peared leas moved than any of his friends. Then iiia brother entered his cell, staid but a few minutes, spoke but a lew words, shook his hands with desperate and nervous agony, and passed hurriedly but calmly out of his cell, and taking the arm of the wretched wife, left the jail together. " Now," said Colt, " if tiiere are any others here that want to wish me good by, I should be happy to see them." Nearly all in the prison then passed his cell door, one by one. He shook them heartily by the hand, kissed nearly all of them, and bade them " Good by," with God's blessing. It was two o'clock, and all his business arrangements except the last fatal one, were consummated. He seemed as if a load was off his mind. "Now,"said he, "give me a watch." It was given, and he compared the time to a minute by the Sheriffs watch. "I have two hours . o live," he said, " and a dying man wants to k*.ow to a moment when his time's come." The .lergyman then went into his cell at his request. " Now let us pray," said he; and he kne'.t and prayed fervently. Dr. Anthon rose and left him, s tying "Make up your mind to die with christian fortitude." " I shall," said Colt hurriedly ; " I shall die with christian fortitude." Dr. Anthon left his cell. "Now," said Colt to the sheriff, sternly, " let me be left alone till 4 o'clock." " You shall," said the sheriff; and his door waslocked. In ten minutes it was opened again for sheriff Hillyer to take leave of him. Colt rebuked them for disturbing him, kissed Hillyer, exclaimed, "Good by?God bless you," and turned away. " Now let me," said he, " on no account be disturbed till four." It was promised, and his cell door closed on him for the last time in life. This was half past two. The mob increased inside and outside the jail?so did their noise. Some talked of the star?some of Colt?and all looked for something 9trange to happen. Within the jail there were forty persons, officers and doctors, all silent as death?nearly all saying thai Colt would commit suicide?but all wondering how he would do it. In Coil's cell all seemed still as death! Three o'clock came?the suspense was terrible?half past three?the excitement was of a frenzied character?quarter to four, and the mob seemed about to break into the jail?the sheriffs put on their death livery?five minutes to four?the time's up?bring him?ut -now he's coming?where's the cap and rope 7?the cell door is slowly unfastened iindo|>ened? in stepped the parson, and,merciful Providence, what a sight met his glazed vision?there lay Colt, stretched out on his back on his cot, wel i tering in his blood?warm, but dead ! He had stabbed himself to the heart?alteT feeling for the exact spot, and laying himself out ae carefully and composedly, as a nurse would a dead infant. "My God,"said the sheriff, " he's dead !" Dr. Antlion reeled into an adjoining cell, and fainted away. " He's dead," said the doctors below, as they rushed up stairs into his cell, and felt for his pulBHtion. " It's all over," said they; "let the coroner take charge of him." And the coroner closed the cell door on the murderer and Buioide, with the knife still sticking in his heart. But the last scene of the drama M'as yet to come. At that moment the jail was discovered to be on fire. The excitement resembled madness. The mob outside raved to get in, not believing him dead. Those inside, raved to get out, fearing they should be burnt to death in the jail. The fire bells sent out their shrill and alarming tones?the mob yelled?the prisoners in the cell screamed?the women shouted murder? cne maniac convict cried out "Burn away?hell is i??. ? .u_ i _i_ .L? ._:i inuivc iuuoc at insi, ?uic (urge uupuia ui mo jtui was one sheet of flame?the fire engines and firemen clamored for admission to the jail?the gates were opened?in rushed an engine, right over the platform of the gallows?in came the mob?out rushed others?and the shrieks,and yells, and crackling and curses, and screams, and shouts, and noise and confusion that ensued.never have been equalled since the burning of Babylon. At last, in an hour, the flames were subdued, the mob turned out, the gallows taken away, the watchmen put on duty for the night, and preparations made for the coroner's inquest, which was concluded about midnight. And thus ended one of the most eventful days that New York can exhibit in her entire history. But although Colt lay a stiff and stark corpse in his ceil, numbers as they went home to bed reluctantly that night, declared that they believed Colt was still alive and that the whole thing was an exhibition got up to prevent his execution, and to set all law and order at defiance! Take it all together, the nturder?the boxing up of the body?the alleged salting of it?the trial? firing pistols in Court?cutting ofl the head, and bringing the scull of the dead man into Court?the sentence, and defiance to the Judge?the Park meeting?the threat to arrest the Sheriff?the mo [BY KXPIlEM.l Postponement of thr Prlxe Fight Trials, White Plains, Tuesday, 4 P.M. James G. Bennett, Esq.? At the opening of the Court of Oyer and Terminer this morning, Salem Dutchek, Esq , counsel for Dr. Cauld well, presented the following afti lavit to the Court:? Westchester Otkr and Terminer.? Hugh Cauidioell impltadtd, 4~c Rds. the Peoplt.?Wt stchester County, ?? ?Hugh Cauldwell, the atiuve named defendant, being duly sworn, deposes and says that he haa been, and no w it, indicted for manslaughter, on account of having been present at Hastings, in Westchester County, at a prize fight, wherein one Thomas McCoy, was killed, as is alleged; that thia deponent has fully and lairly stated this esse to Salem Dutcher, of the city of New York, a counsellor at law, an l deponent's counselor in this cause, and thst he has a good an l substantial defence therein on the merits, as he is advised by his said counsel, and verily believes to he true. " And this de|?oneiit further says that ha lias also fully and fairly stated to his said caunsel, the facts and circumstances he expects to prove by James Sanford anil Henry Shanlroid, Patrick McQuire, and James Campbell, witnesses lor this dc|>oiieut in this cause; and that the said James Sanford and Henry Shanfroid, Patrick McGuire, and James Campbell, are and each and every 01 thatn, is a material and necessary witness for this deponent on the trial of this cause, as he is also ndvisrd by his said counsel, and verily believes to be true, and that without the testimony ol each and every of said w itnesses, he cannot safely proceed to the trial of this cause, as he is also advised by his said counsel, and very believes to be true. " Aii 1 this .loponent further says that the said James Snnford an.l Henry Shunfroid anil J cmes Campb'l' reside in the city of New York and the said Patrick McGuire in Brooklyn, that all of them were present at the nine of the tight, which rein ltd in the death of the said Thomas McCoy, and were particularly acquainted wiih all this deponent said andd'd on tha' occasion, and the causes and reasons which influenced the conduct of this deponent therein. " And this deponent further says, that he has made diligent search anil inquiry for the said James Sanford and Henry Shanfroid, Patrick McGuire and James Campbell, ever since this deponent was apprized of the indictment against him, but has been unable to find either of them? that he has been informed and believes it to be true, that they or one of them, is now or lately was in the city of Baltimore, in the State of Maryland, or in some other part of the country not now accessible to deponent ; an I one of them, Patrick McGuire has gone to Canada, and that the return ol all of them to the city of New York, may be relied upon to take place within a few weeks from the present time. " And this deponent further says, that he is a regularly licensed practising physician in "the city ol New York, and has under his care and direction a number of persons of both sexes, sick with various diseases, and to whom his absence might be of great damage?that he is the head of a family, and that any absence from home excepting for a very short period of time, would be highly detrimental to him. " And this deponent further says that his presence at the placii of said fight, when it took place, was not procured or effected by any arrangement or design on behalf of said McCoy, his seconds or any other person; that deponent was there as a mere idle and indifferent spectator, and not in his professional capacity, and that whatever services deponent rendered in his professional capacity were wholly unexpected and unlooked for by him, and were compelled,as well by feedings of humanity as the repeated and pressing entreaties of the said McCoy and his frienib ? that deponent did all in his power to alleviate the sufferings'and save thu life of the said McCoy, and had no reason to anticipate a fatal issue to the combat in which he was then engaged until it was too late to save him, and that deponent had good reason to apprehend serious personal injury had he refused to do what was required of him. " And this deponent further says that he was in no way interested in getting up the said fight, aud that he had no interest whatever, in any kind, in the result tuereof; that he made no bets, and took ao active part therein ; thu he had no reason to apprehend a fatal issue of the combat, a id did not, up to thu last moment, suppose or believe that the life of Thomas McCoy was at all in danger, and that after it became evident to this deponent that McCoy could not win the fight, he did all in his power to prevent a continuance of it. and seriously and earnestly endeavored to persuade the friends and backers of McCoy to take him away, and give up the case ; but that George Lansing, who was the backer of McCoy, and the party most largely interested in the result thereof, at once silenced deponent, and did not, or would not, allow deponent further to interfere, or oven sneak his sentiments on the occasion. H. CAULDWELL. Sworn before me, this 29th ol Nov., 18-12, Charles H. Riogiks, Circuit Judge. Mr. Dutchbr in a few remarks to the court, in reply to the District Attorney, sustained the position of the affidavit, when?

Judge Kuoglks stated that lie thought there was no reason to apprehend that either Sanford orS'.ian froid, whose names are introduced in the affidavit as material witnesses, would appear in Westchester county unless brought here by the strong arm of the law, and that their participation in the prize fight ! was such that it they were indicted for murder, and 1 ii was provea mat mey naa urgea ana mciiea McCoy forward, it would prove to be a serious altair. He thought, however, that the presence of McGuire or ClsmobelUae alleged by Dr. Cauldwell was ground sufficient to allow his case to pass to the next Court ol Oyer and Terminer, nnd it was so ordered. He was then admitted to bail in the sum of $2,500, which was immediately entered. Mr. Dutchkr then stated that as counsel for Jacob Somerindyke and Charles Riley, also indicted for the same offence, he was ready to proceed to trial at once. District Attorney Nelson replied that unless all the defendants were ready, he thought it not best to proceed with the trial of any one or two, and he would therefore throw out an intimation that it would be advisable that a special Court of Oyer and Terminer should be held tor the trial of all these causes between the present and ensuing term, to be held at White Plains in April next. Counsellor Vooris stated that he understood an application would also be made for an extra session oi the Circu't Court, in order to try the water cases against the Corporation ot New York, arising from damages received by persons in this county by the freshet in the Croton in January 1840. Judge Ruoglkr replied that it was not in the power of the Circuit Judge to order an extra session of the Circuit, although he could of the Oyer and Terminer. Counsellor Tompkins stated thct he understood it was the intention to apply to the Legisl lturc early in its session for n special enactment, authorizing an extra session of tne Circuit Court for the trial of the water cases. Judge Riigoi.ks said that if the District Attorney felt disposed to Irinie new indictments against the prize fight parties for manslaughter in the fourth degree, they could be tried attliP General Sessions Counsellor Lyon said that the defendants did not desire any change in the place of trial, a"d that liv, as counsel for Joseph Murphy, was about to make application for the postponement of his cause to the next Oyer and Terminer, and also that he would see Winchester, who was in prison, and |<erhaps the same disposition would be made of his case. Before the closing of the Court, Mr. Lyon presented the affidavit of Joseph Murphy, asking for aJ'ostponement of his trial to the next term of the Court of Oyer and Terminer, on account of the absence of material witnesses, and made a similar application on the behalf of John Winchester, now in prison, who expects to be bailed out. David Graham, Esq made the same app'ication in the case of John Harris, and the District Attorney said that he should not oppose any application foiM>ostponement, under existing circumstances. The Court therefore ordered that all the prize fight cases should pass over, and intimated that an extra session of the Oyer and Terminer would probably b? held in February next. tiullivan, McCleester. and Kensett will probably be sentenced on Saturday, when I will immediately send the result by express. The impression is that the recommendation to mercy made by the jury in rendering their verdict, will operate on the m nds of the Court sufficiently strong to prevent either of the parties from being sent to Sing Sing. The jurors themsnlves assert that this was tne spirit of their recommendation, and several nowsay that they would not have returned a verdict of guilty had they supposed the Court would impose such a punishment. They will probably be sentenced to imprisonment in the county jail for some months, with a fine in addition, to indemnify the county for the expenses incurred in the trial. The Prize Fight Ttials being terminated,! present you the f ollowing particulars of a case that lias occupied the court since yesterday afternoon at 4 o'clock, and which may be aptly classified as A Pitch Fight Trial, Or, Separation oi Man and Wife. Tbe parties are Charles F. Miller, of Little Falls, New Jersey, a very genteel, good looking young man, and John W. Mills, Esq-, Attorney at Law, of the town of While Plains. The difficulty originated in an attempt to separate Miller and his wife, at Sing Sing, in March last, and which created quite a sensation at the lime. Miller and Mills there came in collision, and the latter received two blows from the former, that left a mark yet to be seen. Miller was indicted for assault and battery, and by the consent of n Snpreme Court Comissioner the case was brought to the Oyer and Terminer for trial. Miller and his wife have been married about seven years, and have mostly resided since at Little Fall4, N. Jersey. She is the daughter of Mrs Eliza J. Black well, of the town of Yonkers, and niece of Lemuel Wells also of that town, deceased, _ In the Utter part of February last she left her home in New Jersey for the purpose of attending the funeral of her uncle at Yonkers, and when her husband arrived in a few days afterwards, she refused to return with hun, alleging as a reason that although the world might sii|>|H>se they lived happily, yet they did not, mcf when questioned closely, she made an affidavit in which she alleged that her husband had forged a note for the sum of $>20,000, drawn in his and her favor, and purporting to have been signed by Lemu el Wells, then deceased That since then he had threatened her that if she told her friends at Yonkers that he wsuld kill her, and presuming that he was aware she had told them, she was afraid to return with litem. Miller, finning it was impossible m induce his wile to return, obtained a writ of lianas corpus, and compelled the attendance of Mrs. ney that seemed to flow like water?the various hrihpM?fVip mnplr dipIV flio hnMintr a anw in the cell the day of the execution?the horrid marriage?the shocking suicide?and the burning of ihe jail, all combine to form a history that throws fable and romance for ever into the shade ! continue to-day the celebrated trial of Joshua II. Smith, for treason in the revolutionary war. It will probably be concluded to-morrow. It is one of the most important historical documents ever published. GitinK to Stranoers.?It would be a capital plan to have the names of the several streets painted on the glass of the gas lamps throughout the city.? Strangers could then find their way along the thoroughfares with more ease and facility than they now do. Who will think of this 1 Snow.?Our winter has began in good earnest.? Snow in large quantities has fallen north of ibis from Maine to Iowa. There were eight inches at Springfield, "Illinois, on the 18th inst., six inches at Keokuck, Iowa, several inches in the northern |>art of Indiana, and two feet in the western part of this State. A Finisher?The weather on Monday and yesterday to the canals. Immense quantities of produce shut in. Fotxv?Tennessee will again be unrepresented in the United States Senate at the ensuing session.? I low long is this lolly to last I Steamboat Destroyer?The Mississippi River.? Vonpareil, a fine steamer, worth !f30,000 has been snagged and totally lost at the " Grave Yard." We have the loss of a steamer to chronicle every Jay. Sap Affair.?The elegant mansion honse of Tohn Tredwell, Esq , at Hempstead, Long Island, was burned to the ground last Saturday night. Eliza H. Welle, the aunt of hie wife, Mrs. Eliza J. Blackwell, her mother, and James H. Blackwell, her uncle, before Supreme Court Commissioner Loekwood at Sing Sing, on the first of March, to show cause why she was detained by them, and not allowed to return to his home. A warrant was issued for his wife, and the wariies appeared, attended by their respective counsel?W. Tompkins. Esq for her relatives and herself, and counsellor Vooris tor Miller. The whole town was in excitement on the subject, and parties were formed for and against Mil ier, and notmng was talked of or thought about durin" the day but the contemplated attempt to separate man and wife The parti s were heard before the Commissioner, anil the wife alleging that she was not restrained in her person by her relatives, but was left free to go or stay as she pleased, she was dismissed, as the Commissioner stated he had no jurisdiction in the case, alter such allegation on her part She there asserted that she would not return home with hitn, and gave the reasons stated above. Miller and his wife beiug left alone, in company with Mr. Lockwood, he told her she inust go with him,and taking her in his arms proceeded to carry her from the parlor in Toinpkin's Hotel, at Sing Sing, to a one horse waggon, that had been placed at the door by his directions. On passing out, Mills, the complainant in this cause, who was present as assistant counsel for the friends of Miller's wife, was standing near the door, when Miller said to him "stand out wi the way, d nun you, tuke that," and followed the words with a blow that struck the left side of the nose of Mills, uid started the claret in great profusion. Miller then placed pis wife, who had fainted in the exeit"iii!?n\ in the wagon, and she fell down into the bottom of the vehicle. Mills, notwithstanding the first blow, walked round to the opposite side of the wa^on, w hile soin1* of the other persons present were detaining Miller, and raised the wife tip in his anus to tike her into the hotel. Miller met him in this position, drew oft fair and squ ire, and levelled Mills to the ground with another blow that fell upon the right side of his proboscis, and left him perfectly unconscious, as he stated on trial. The wile was then taken into hotpl in a state of insensibility,since which time we understand she has resided at Fairfield, Connecticut, and still refuses to live with her husband. A L. Jordan, Esq., of New York, appeared for complainant, having been employed by Mrs. Weilp, the aunt of the wife, and Counsellor Vooris, of Sing Sing, for defendant. These gentlemen are both long-winded four mile members of the bar, and every movement was contested as closelv as though the fate of nations depended on the resu.t. The affidavit made by Miller's wife at the time she was brought before Commissioner Lockwood. was introduced on the trial by prosecution. It had not been read before the Commissioner, having been objected to by Miller's cou ipel. This affidavit charges Miller with ill-treating her, and also that she saw the note purporting to have been drawn by Lemuel Wells, deceased, in favor of her husband and herself for $20,000. which note she alleges was a forgery, and that Miller stated that he had copied the signature from that written on an old check, then in his possession, signed by Wells. She also states that Miller alleged that the note had been drawn in her presence, and when she replied to him by spying tint if called upon to prove the signature, she would he compelled to tell the truth, and expose him, he said " he would hurl her to hell if she did." The defence allege that the relatives of Miller's wife had formed a conspiracy to prevent her from returning to her home; that ne had always treated her with kindness, and that the matter relative to the notes being a forgery, was a mere pretext, trumped up by her friends as an alleged cause for their separation; and finally, that he, as her husband, had a perfect right to compel her, by all proper means, to abandon the association of those who wereot desirous alternating her aflectionfrom home, was therefore justified in resisting Mills when he interfered to prevent him from taking his wife from such associations. They will also contend that the note for $20,001), purporting to have been signed by Lemuel Wells, was genuine, and will be so shown when the time for payment has passed. This note is made payable in about nine months from the present time, and it is supposed that th?' wife of Miller, who is now in Connecticut, intends to obtain a divorce in the meantime, in order to appear as a witness to prevent th* payment of the note and prove it to be a forgery. The estate of Mr. Wells is of great value, and hence, nerhans. all the difficulty has originated There are two parties formed, in and out of Court, on the subject, and the result I will send you as soon as the trial is termina'ed. This is the last crnn nutcase that will be taken up, and the civil causes will immediately follow its termination, before Judge Jtuggles, of the circuit. Theatrical? Musical. The Braiiams' Concert.?This concert, previous to a sojourn south, comes off to-morrow evening, at the Society Library rooms, Th< jirofp-.tmme, to be found in our advertising rnlumns, is rich. His son Charles sings with him. Since his last visit here, the son has had a good deal of experience and training. The Montreal papers sjioke highly of his talents. We'll see how ne comes up now. Max Bohrer's Concert will be given on Thursday evening at the Tabernacle. It is useless 'o say a word in favor of this great artist on the violoncello He stands unrivalled. It is unfortunate, however, both for Brahum and Boltrer, that they happened, unwittingly, to select the same evening for each other's concert? and at places, too, in the immediate neighborhood. Sin.\oR Naoei,.?This great violinist, with his lady, left yesterday in the railroad train for Philadelphia. lie will not give concerts for some weeks. He may remain a few days at Philadelphia, and a week at Baltimore?and then probably sjiend the wimer at Washington. The Russian Minister, M. de Bodisco, is an old friend and patron of Nagel's, and he will no doubt visit his Excellency's that ran at Georgetown. Nagel will then go south, stop at Charleston?perchance make a trip to Havana?return to this meridian in April or May next?give farewell concerts in the three cities, and then return to Europe. His father-in-law, who tins just died in Stockholm, has lelt Madame Nagel, who ie an only child, a large fortune. Mrs. StrrroN ?We understand that Mrs. Sutton, the greatest rojtnino among us, is preparing six or eight operas, taken from the compositions of Bellini, Donizetti, Rossini, and other famous masters. Mr. Sutton, who possesses considerable literary talents? a perfect knowledge of the Italian?as well as of music?is now engaged in translating into English several of the most popular operas of the modern masters?and his purpose is to bring out a series of (uteras. to be produced alternately in Italian and in English, in which be himself may take apart, or superintend their getting up in some shape. It nas always been a strange thing to us, that the Suttons, tv. u ai?: 11 t _.i 1 .l . nic wr^nnir-, i?c UC^IIIP, OllilVtlll, Ufltlltllll, ttliu U1C other vocalists anions us. who, by a friendly combination of all their talent and power, could produce a series of operas, capable to carry the elite by a roup dt main, yet by the quarrels or jealousies anions themselves, continue to labor ana toil to no purpose separately. Editors may quarrel, because they live on war and discord?but vocalists can only succeed by union, harmony, concord, and fellow feeling, all round. The Skoitin Troupk opens in the Chesnut theatre on ^aturdaynight, with the "Israelites in Egypt." Go to bed, Tom. Forrest, the sublime, and Ci.ifton the magnificent, are playing together Rt Albany. This is a strong team, wherever they go?they weigh probably 500 pound-' avoirdupois, with a full proportion of soul to animate the raw materials. Mr. Jas. G. Brn.vett. Dear Sir? For more than three years we have been subscribers to yourpa|>er, and during that time have suffered. (ni?re or less.) a regular persecution, from some half dozen of our very respectable neighbors, who are too mean to pay for (but not to borrow) the Herald. This nuisance has now got to be so intolerable that forbearance is no longer a virtue, and we are constrained to beg a few editorial remarks on this subiect, which will greatly oblige Water, near. street. * UEATH OF itOBEUT SMITH.--1 ne nammore paper? announce the death of the venerable Robert Smith, at die advanced age of eighty-five years. He was respected by every one. Pirates at Havana.?We learn that the authorities at Havana have fitted out all their disposable force to go in search of pirates, some of which were infesting the south side of the Island. An American vessel had arrived at Matanzasfrom St. Domingo that saw two vessels at that port that had been robbed by them. From Trinidad.?Our advices are to the 3d inst. American produce was dull ol sale, and flour was selling at a barrel. Emigration continued brisk. Eastern Maii..?It was detained yesterday in on-ieijuence of the ice in the Thames, and the heavy wind on Monday night. Harden and Adams, however, supplied us with planty of Boston papers. They came through, ice or no ice. Navigation or rim Hudson.?This river is un doubtedly fast down as far as Hudson. So it will probably remain till next spring. Navai.?U. S. steamer Missouri ami sloop ofwar Falmouth, were at Vera Cruz on the 8th inst. Case or Col/Webh ?Gov. Seward has granted a lull pardon to Col. Webb. We give it below, together with a card relative thereto':? A Card.?In justice to the Executive. I place before the public the following official document ; and I desire to n ail myself of this occasion, to express my grateful appreciation of the generous sympathies exhibited by my friends and fellow-citizens, both here and in other sections o' the Stat", p 11 ting my recent incarceration. To my contemporaries of the Press ol the country, with e.me very unimportant exceptions, and to the great body of my political op -uients, my heartfelt acknow-lc Igmeats are justly due, and in all sincerity most cheerfully tendor. ed, and although I tun conscious that it was the principle involved in my case, and not a mere pcisonal feeling?a natural horror ot persecution of every kind, and not regard for the individual (>ersecuted?which has roused tho sympathies of the co-nmunitv in my behalf, I cannot but leel that I owe to those sympathies,.and to the love of justice whence they eminate, the triumphant justification of the Executive tor his prompt interposition ol the pardoning power. J. WATSON WEDB pvNew\Vork, November 29, 1912. The People ok the State ok New York : To all to whom these Preunt shall come : Whereas, at a Court of General Sessions of the Peace, held in and for the City and County of New Yoik, in the month of November, 1942, James Watson Webb was convicted of leaving this State for the purpose of giving or re. ceiving a challenge to fight a duel with deadly wea|>ons, and giving or receiving such challenge, and was thereupon sentenced to be imprisoned in the State Prison at hard labor for the term of two years; ?nd whereas an unconditional pardon is solicited in behall of thu said James WV?on Webb, by the Court, ?>v the Grand Juror*, by the Municiput Councils, by the Officers of Jus. ttce in tha said city, and by many good and worthy citi/.ens ol this State, because he was not the challenrur in the said duel; because the challenger, though holding a high representative trust, has not been biought to justice and is not amenable to the laws of this State; because tho combat was not mortal, and the challenged party sincerely manifested a determination to avoid depriving his adversary of life, and he was unharmed; because the said James Watson Webb voluntarily submitted himselt to justice and confessed his offence, waiving all advantages of legal defence; because although the practice of duelling ia in wanton and flagrant violation of Divine laws, and ia inconsistent with the morality and humanity which ought to distinguish a civilized people, and has, therefore, been forbidden by the laws of this State with forfeitures, pains and penalties, through a period of nearly forty years, and the Attorney General, Judges and Grand jurors have been expressly required to bring all oflendingto condign punishment; yet, until now the moral sentiment prevailing among us, hns not adequately sustained those laws, ami all nnrannu u-hn ItQvn nffontlnfl mrninit tVia aom A K?va remained unmolested, except three, who, after conviction, received pardon through the hands of our former Chief # Magistrates, and many of such offenders have been raised * by their fellow-citizens to high Executive, Legislative and Judicial trusts, wherefore it is represented to us that it would be partial and unequal to enforce in the present case penalties which may have been regarded as obsolete; and that the said James Watson Webb is therefore deserving of our clemency Now. therefore, know ye that in coosideration of these premises, but upon the express condition that the said James Watson Webb shall not, whilo he remains a citizen of this State, violate any of the laws designed to prevent duelling, nor by any act aid, assist or abet any such violation, nor print or publish any justification or defence of the practice of duelling, or anv paper with intent to advocate or uphold the sane, we have pardoned, remised and released, and by these Presents, do ' pardon, remise and release the said James Watson Webb, of and from the offence whereof, in our said Court, he stands convicted as aforesaid, and ot and from a 1 sentence-', judgments and executions thereon, hereby restoringto him all the rights and privileges of citizenship forfeited by him, in consequence of the said offence or the said conviction. In testimony whereof, we have caused these our letters to be made Patent, and the Oreat Seal of our said State to be hereunto affixed : Witness, Willam H. [l. $.] Seward, Governor of our said State, at our city of Albany, the twenty-eighth day of November, in the year of our Lord one th?U9and eight hundred and forty-two. Signed. WILLIAM H. SEWARD. Pussed the Secretary's Office, the 23th day of November, 1842. Signed. S. YOUNG, Secretary of State. City Intelligence. Anar.st for False Pretexce.?Solomon Lauzenberg, well known to many of our merchants in consequence of several business transactions that he consummated in the spring of 1840, was yesterday brought to the Police, on complaint of the firm of Foulds, Stobo and Co., Importers, of 79 Maiden Lane, who allege that on the 30th of April, 1840, he swindled their house out of {>200 worth of dry goods by false pretences, after the following manner .? Lauzenberg, In company with M. Moran, a dry goods dealer at 78 Chatham street, at that time came to the (tore in Maiden Lane, where thov reDresented that Lauzenbenr was a man of wealth, and had purchased Moran's stock in trade, and was going on with the business at 7S Chatham street,and would pay a bill of $391, which Moran owed the firm ot Foulds, Stobe and Co. Lauxenberg on these representations procure 1 the delivery of a bill of goods amounting to $360 by Foulds, Stobo &Co. at the Chatham street store, there being a condition in the sale, however, that unlr.-a Moran's Hit of $>01, end the hill for the goorfr then purchased, were paid for on the next day, Foulds, Stobo & Co. were to take possession of the goods pgiin. The next day the store in Chatham street was found to hava been stripped of its contents during the night, and both Lauxenberg and his friend Moran had departed lor parts unknown. A few days since Lauxenberg returned to the city, and was arrested as above stated, and fully committed to an swer the charge. Hrr.ciat Sessions.?'This Court met yesterday, and entirely swept from the Totnbs all the small pot a tor thieves, pugnacious remedies aad disorderly loafers that were there confined, vending not less than twenty-nine of them to Blackwel^/Island for periods varying from two to six months._/ Drowsed.?The body of a long shoreman, named Daniel Coleman, a native of Ireland, aged 39 years, was yesterday morning found drowned in Old Slip, he having accidentally fell overboard on Monday evening. Au inquest was held on the body, and a verdict rendered in accordance with the above statement. A Bulk Sucxen?A negro dock loafer, namod John Hudson, yesterday stole a barrel o! rum belonging ts Nathaniel C. Kly, from the corner of Front and Depeyster streets, and had toted his newly acquired stiirulant a considerable distance up town, when he was arrested and brought before Justice Gilbert at the Upper Police, who committed him to the Tombs for violating the cardinal maxim of the teetotalers?" touch not, taste not, handle not." Change.-The New York and Boston Railroad lithe ria Norwich and Worcester, leaves Peck Slip, East River, instead of Pier No. 1 North River, as heretofore. Ocj?Mons. Le Tort, the famous French equestrian, (j lias arrived in town, and we understand will shortly RniiPnr at tliF* Rnwpri/ A mnhitlipnfpp Chatham Theatre.?An excellent bill is offered for this evening. The much admired drama of "Eugene Aram," will be performed in the usual superb manner of this theatre. Those who have not yet witnessed the magnificient spectacle of " Hell on Earth," have an opportunity of doing so to-night, when this highly successful play will be produced in all its wonted graudeur. The beautiful play of the " Children in the Wood," is also to be performed, Mr. J. R. Scott sustaining the character of Walter. CC?- Th?: Ciacus.?There is no amusement that succeeds so well as the Amphitheatre in the Bowery. Every other place of amusement is comparatively deserted. QQ- These cold winter days and nights, while the theatres and other places of public amuscmont are but thinly attenued, it is quite a treat to call into the American Museum and see the large and fashionable crowds always found there. The whole of that immense building is comfortably warmed, anj every attention is paid to the wants and comforts of the audience. The performances by the laughter-provoking Winchell, and thir then other performers, are of the most laughable, interesting, and talented description, and together with half a million of curiosities, make the be?t variety of valuable attractions to be found in New York. There will be splendid performances there at three o'clock this afternoon. 0(J- The New York Museum has always possessed tha reputation of being patronized by as select an audience as any other place of the same description ; every thing is conducted with so much decorum, the utmost propriety prevails, and improper persona being rigidly excluded, sufficiently accounts for it. The price of admission b?. ing reduced, has not at all effected the character of the et. tablishmcnt, nor are ita class of visitors changed, for the very same persons who patronized it at two shillings now attend it atone, Signor Blitz and a host of other attraction! are presented. There will be a performance to-day, at S o'clock. Arrivals. Asms.?Mr Thomas, Boston ; Henry Higgins, England ; Mr Livingston, Staten Island j Mr W Nienols, Hart ford ; O Beach and Lady ; Thos L Boyd, N Y ; E A Hte vens, Bordentown ; MrChesUr Harding, Springfield; 9 Rensselaer, T W Olcott, E Corning, T Olcott, Mr James D Bernard, E ODelavan, W Croswell, Hon P Tallmadge, J M Aldcn. Albany ; S W Goodridge, Hartford: W W Hubbell, S F Baker, Phil? i MUB Chaplain, Cambridge ; I HopkinsoD, Phils ; Ja* Green, Alexandria, D C ; 8 K T.athrop, Mr Savage, H Baloy, Mr Godman, Boston, W II Bruce, Baltimore ; G D Balfour, S Day, Matanzas. S L Gotham ; Mr. Van Arsdule, N Brunawick. QtJ- EAST INT)IA 11 MR DYE, is warranted to cobr the hair a light brown or jet black, by only one app'ication. Whiskers can be colored hy only one application likewise. These farts ran be shewn by any ene who will rail at 71 Maiilen Lane, where the article is sold 07-EVACUATION DAY HAVING BEEN UNW/trily selected for the ilelivpry of Professor Wright's first lecture on the English language, has hepn the cause r.t its postponement to Wednesday, this 30th inst.