Newspaper of The New York Herald, January 19, 1844, Page 1

Newspaper of The New York Herald dated January 19, 1844 Page 1
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T H Vol., X. No. 18.?Whole No. 3588. Court of .Oyer and Terminer. Before Judge Kent. . Jin. 17.?The Jury in the ctue of Leitgu, t he^ German tailor, charged witn me murder 01 uu who y" " his (tore, returned into Court yesterday morning, with a verdict of not guilty. Leitga wu then discharged. Kaulru?h, who wu indicted for the same offences, was then dismissed, nolle prosequi! having been entered by the District Attorney, with the consent of the Court. Peter Williams, who was convicted of manslaughter in the first degree, for the murder of Daniel Stanley in Canal street, by stabbing him with a knife, was then arraigned and sentenced o the State prison lor twenty-one years and six months. He received the sentence without evincing a single feeling of emotion, and responded with the impious expression, " J?a C 1, they have given it to mo new, haven't they!" UeneraU Session*. Before Recorder Tallmadge and Aldermen Pardy and Vandervoort. Jonas B. Pmixirs, Esq , Acting District Attorney. THIRD DAY". Jtni'SHv IS.?TYi'al of Amelia Norman for Asoault and Hatttry with Intent to Kill' Henry 8. Hallard? This trial wus continued this morning und the same crowd and excitement was apjtarent as on the two previous days. The Rkcoboku delivered the following opinion of the court on the application by defence to admit testimony showing the intercourse hetweenBallard and the accused, previous to ilia commission of the act lor which ahe is on trial. "The counsel for the prosecution having rested, the counsel for the prisoner now oifer to prove that in the year 1811 the prisoner was seduced by Ballard, the person on whom it is alleged ;she endeavored to inltict a deadly wound,his subsequent cohabitation with and abandonment of her, leaving her under circumstances of great dependence, distress and degradation. "This evidence can only be admissable on the ground that'it a (lords a justification for the alledged attempt to commit homicide, or that the accumulated wrongs to which sho was subjected had produced that deluded state of mind that deprived her of the power of distinguishing right lrotn wrong ; and it is urged by counsel that that testimony should go to the jury, to enable them to judge of the probable erfoct that such a course ot wrong might produce, "As to the first question?is the evidence admissible as aifording u justification for the aliegud offence ? "In examining this question,Iwill remark that the same evidence is admissible in justification of the alleged attempt to kill that would be allowed in justification,had the act been consummated. "la the case of murder,to rebut the evidence of malice, it must appear that the provocation was recent, for in every case of homicide, say s Roscou, p. 4T4, however great the provocation may be, if there be sutllciunt time for the passion to subside and for reason to interpose, such homicide will be murder?Fo iter, 290, and the authorities cited in Hoscoe. The object of the inquiry is, whether the suspension of reason arising from sudden, passion continued from the time of the provocation received to the very in aiukut w ui-ujvu? ?"v. " ? ivi, | reflected, deliberated or dMled before the injury wan inflicted, the killing will amount to murder, however grevioiu or exasperating the provocation might have been. "While the law tlierefore makes great allowance for the infirmity inseparable from the human character, it carefully distinguishes between arts which are induced by the promptings of exasperated feelings and pressing wrongs, and deep rooted, meditated revenge. "The same principles arc applicable to the easo nowundcr consideration, and can it be urged that ptovocations commencing more than two years since, but continued down to within a short time antecedent to the alleged attempt to murder.can be embraced in the first class ot cases te which I hare alluded;ior was not the assault Induced by a consciousness of long continued wrongs over which she had brooded until sorrow and despondency had ripened into revenge. it is now proposed to prove that the assault was induced by any immediate provocation. The acts constituting the provocation must be contemporaneous with the intended homicide, or the immediate moving cause. The evidence sought to be introduced is not ot that character, and therefore in my judgment, is not admissible on that ground. "The reasons for the adoption of this distinction are too oliviuus to require much remark. To allow an injured party to seek revenge upon his oppressor, at his discretion for real or supposed wrongs, instead of appealing to the laws of his country for redress, would break the ligament* that bind society together, would destroy the stability oi our institutions formed for the preservation of peace and order, and justify popular violence and anarchy. "As to the second question?It the evidence proposed admissible, at facts, to go to the jury, to enable them to judge of (lie sanity ot the prisoner's mind at the time of Ua- alleged commission of the act charged in the indictin eat t "It is proposed by the introduction of this evidence to p.ovc ca'Jie-. which might or might not produce certain tiFects?to show a course of treatment on the part of Ballard lor a succession of months which might produce that state of insanity which would exonerate the prisoner from legal responsibility for her acts. "This position is objectionable on various grounds. 1st. Because the same causes will uot necessarily produce the came effect-; upon differently constituted minds. A slight cause will sometimes produce violent effects, with a person possessing a sensitive and irritable temperament, while another is forbearing, and views the aggression w ith sorrowing calmness. "The causes, then, can never form a safe test for the judgment ot a jury in judging of the sanity of an individual, unless accompanied by evidence of the effect. When the effect is shown, as bnnging the party within the class of irresponsible beings, the cause of that imbecility of mind that exonerates from the responsibility, may be proved. " Some act should be proved that indicated a deluded state ol' mind when, or about the time when, the assault was committed?some act from which a jury might infer thut the mind was diseased, and that the power ot distinguishing right from wrong had fled. "it is not every high excitement of the mind that dethrones it of reason?where that consciousness exists that enables the party to know that the act about to be committed is a violation of law, that delusion does not exist which is necessary to render the violator of the law irresponsible for Iris acts. "To secure immunity irom the effects of crime,insanity must lie clearly and conclusively established. The law {iresumcs the sanity of every person who violates it ; and fhe seeks exemption from the consequences, his right to exemption must be clearly made out to exist when the offence was committed. "The question is, can the accused be permitted to prove the previous existence of facts from which insanity may lie inferred to have originated, or do the rules of evidence applicable to this case require evidence of the positive, present existence of that irresponsible condition of the mind that exempts from accountability. 1 am clearly of that opinion, and that the testimony offered is not admissible." The Rkoohdkk concluded by saying, that in this opinion the Court did not intend to be understood as excluding any evidence to show the existence of the insanity of the accused at the time of the commission of the act. Mr. (Jiuham?That the Court could not exclude. All wo desire is, to show by recent, not remote acts, that the mind of the accused was boidering on insanity previous to the commission of the act, and was clearly so at its commission. Tux Dkfekcx. Jons K. his- *, called and sworn for defence?I know Henry S. Ballard, as also the accused; I saw the latter on the platiorm of the Astor House on the night of the first of November last; she was standing at the foot of the steps, at the inside door; she was held by a person whom I did not then know; 1 was in the act of coming down stairs when I saw this person holding her. Q?What did the people! say that were standing about hurl The prosecution objected to the question, which was overruled. Q?Was there any excitement among the crowd I A?Yes, there was; there were loiulexclamations and inquiries of what was the matter. The excitement was great; the. woman appeared very pale and languid, and prostrate lrom some cause. <y ? What did you see in her conduct that induced you to draw u conclusion as to the state of her mind I A?She appeared prostrate from past excitement, td?Did she resist I A?She did not. Croirtxnmintd by PaosEcrnofr?I am an attorney of this Court; have previously been a merchant; I was within fire or six feet when i first saw her; she was standing up, with the arms of the person who held her up around her; her eyea, and geneixl appearance, showed prostration; she was quite calm then; I do not recollect that I heard her say anything while there. Axis Lohmax, alias Madame Restv.ll, called and sworn. She was most elegantly attired, and created great excitement In the Court as she approached the witness stand, and deposed as follows :?I reside Bt 149 Oreentvich street; I am a midwife and female physician. Q?Mrs. Hestell you need not answer these questions nnlesf you please. Is it your business to relieve females in tbe family way I A?It is in cases of malformation. ?Is it your practice to take females to board with yon to be delivered of children! A?It is in cases where I receive a certificate from a tlhvsician thut fhev rnrinot !*?nr children You have a good many for that purpo*e, do you not f A? Yen, wo have at times. q? How many at any onetime hare you had there J A?1 decline answering. q?(inn you distinguish their number* or their name*? A?I cannot. q? Do you keep book* of their name*? A -1 keep a memoranda. q?Do per?on? sometimes hare assumed name*? \?1 do not know?my object ilto cure. q - Did you reside in Greenwich street in November 1H41 ? A -1 did; I do not remember the number of persons that were th> re then; I cannot tell their names; I do not know that I had any. q Ho you recollect that young lady? (pointing to the accused ) A?I do not recollect that I ever saw her before; one thing is cerla'n she never hoarded with me; I think I i ntvi r saw her before; it n lady cume on business and immediate!) left. I should not know her; but if she had boarded with me I should know her; I have no person with mo in my business. Q? Von sell pills, doyou not ? A Yes, 1 do; we sell from ten to fifteen boxes per day, sometime*. q Do not gentlemen come sometime* with ladie* to make arrangement* ? A?They do come *ometimc*. k E NE n; <4?ilai Mr. Ballard ever beta there ??(Ballard wu here asked to step forward.) A?I never saw that gentleman before- nor this om here?his brother: these pills are for irregularity. Mrs. Isakllla called?1 am a married lady: m; husband is named Peter Hurley; we reside at M Allei street; 1 know the accused; have known her between tiv ana six years; l cannot .ay how long she had Deen in tn city when I first knew her; I should suppose she was abou 15 or 16; she resided with Mrs. Merriam, corner of Beusoi and Leonard streets ; she has visited my house quite l'rt quently. U?what was the conduct of the accused before lie acquaintance with Mr. Ballard, as to virtue and aniiatuJ ity t The prosecution objected to the question. Mr. Usihim said they intended here to show that th seduction of the accused was accomplished by Ballard. The (Jotrt overruled the question, and allied th Court to note the exception. <4?Have yeu had any reason to note any particula disposition of mind of the accused, and when was it I A?1 did in August, 1841. (4?Please state what peculiarities of iniud you have no ticed. A.?She came to my house about the time named, and saw her onthe back stejis ciyring; I asked her what wa the matter; she said she did not know ; I re]ieated th question, and she said she had no home ; I asked her i she had any work ; she said no ; i told her 1 would direc her to a sister of mine who would give her something t do ; my sister lived on the 9th avenue near 44d street i tola her if she did not want help to return to me, and would give her a home until she could find a situation her mind appeared ito be troubled; she returned in two o three days, and told me that she had left the railroad car s 3dd street, and wandered about and couldn't find the place I gave her thu direction again and she left ine ; that wa the last time she was at iny house; i formed an opinio that she was in trouble ; 1 did not form any opinion ? that timo that her mind was shattered ; nor any opinio, as to the state of her mind ; 1 have no knowledge of he being subject to fits ; I do not know Mr. Ballard uy sigh William (Jali.knder called again.?The accused cam to live with me in July, 1839. Mrs. Hi'hlf.t, recalled.?I thought that her min was deranged ; I did not know thu difference lie twee trouble and deranged,when 1 used the former word a lev moments since. Croat-examined by I'roarcution.?One of the counst asked me whon I took my seut, if 1 knew the differcnc between trouble and derangement ; 1 havuta sister who i derangod ; 1 do not mean to say that the accused was lik my sister ; she was insane from illness and is dead ; I coi sider every person who is troubled in mind or spirits, u partially deranged. Mr. Callkniikh, recalled?The accused was in m family from July 1839 to May 1841. Q?What was her conduct up to that period 1 The prosecution objected, and the question was ovci ruieu. Mr. CIraham contended fur its admission, on th ground that the prosecution had charged her with imprt per conduct before Ballard's acquaintance, which con menced about the time she lived with witness. Q?Was not the accused subject to tits or spasms? A?Yes, she was several times a year; whenever m) self and wile left home we always stepped next door an requested the favor of my father-in-law, Mr. Sparks, t look after her; 1 iiave known her to lay in those tits, twc three, live, or six hours, and sometimes the whole uighl she was then entirely unconscious and unable to spuali I have not seen her while she was in prison; her appeal ance at the present time is not the same as when she ws with me ; she is more emaciated and broken down; never saw any thing out of the way with her in my lift she was as still, modest, retired, quiet female, us 1 eve knew. Crots Kxvninnl by Prosecution.?She did not during thi time exhibit any evideuces of diseased mind or intellect,c since. Q? Have you ever seen any letters, or had any in you )M>sses8ion, written by Ballard ! The prosecution objected, and the Court overruled th question. Q? Was the accused not a woman of more thanordim ry self nossessiou of mind and evenness of tempar 7 A?While she was with me,'she was of a very eve state of mind; as to her size and external appearance, I d not recognize any difference; while the prisoner was wit me she sometimes was temporarily absent at Mrs Merr am's; she sometimes had fits while she was there; I ri collect on one occasion, while I was in the 1'olice OfHc to have been sent for, as she was in ono of those fits i Mrs. Merriam's, and I applied a plaster that we had bi fore used to relieve her; her native place is Sparta, in Ne\ Jersey. Dr. Benjamin W. McCready, called?lam physiciant the City Prison; was here when the accused was commit ted on this charge; I have been led to visit prisoner in he cell while here, partly from illness and partly from in interest iu her situation. Q?What has been the nature of her illness I Mr. Sanuvoho objected on the part oi the prosecutioi Quite an argument ensued, in which Mr. Uhaiiam replie for defence, and closing by asserting that they would silt tain every ofl'er of testimouy made. A round ol appluus tollowed from the audience. Borne of the otlicers called t order, but the most of them being absent, their name were called and hues imjioned. A short recess lollowei during which officers were stationed about the room an order restored. Dr. McCreudv wan withdrawn, and Sarah Ballard called and sworn?I know Henry ? Ballard; became acquainted with him in 18J-J ti?Did you live with him' The prosecution objected, and the defence then olfere to show the seduction of witness by llenry |S Ballard and that he was living with her, passing her off us hi wife at the time of his lirst acquaintance with the prison er. That shortly Iiefore the assault,the witness accident ally bocome acquainted with the prisoner, and communi cated to her tne fact of her connection with Ballard.Also that Ballard |lived with the witnuss from 183:2 ti the spring or summer of 1841, passing as his wile, and tha this connection was only broken oil in consequence u his connexion with the prisoner. That during the tim* Ballard and the witness lived together, she was severs times pregnant by him. That he insisted that she shouli procure abortions, under threats of leaving her, and ths she did so, and that he finally abandoned her, leaving he penniless, and wholly destitute. Mr. Hardvord objected, as he said the testimony coul not be admitted, and he believed it was oil'ered for "bunl um" alone. Mr. Graham replied and contended that the avidenc here offered was lor the purpose of sustaining the pus tion taken by the defence, that menial alienation existe on the part of the accused previous to and at the time < the commission of this act, [Wc here hail a full view of the witness upon the stand who appears to be about twenty-five years of age, dar brown nair and dark blue eyes, ruddy complexion, bh was neatly dressed in a black oloth cloak, black velvc hat and feather, with lace veil. She appeared much con posed, and responded with great readiness.| [Ballaro, the'complainaiit was here seated in the rear c the step leading to tne bench of the court. This is th first clear view we have been able to obtain of him sine the commencement of the trial. He was very genteel dressed. He appears to be about thirty-two years of agi His hair and eye-brows alight brown, whiskers saudj high cheek bones, with a flush of red extending on th upper part?large blue eyes, and an expression of couri tenance any thing but such as would appear to become gay seducer.] The Couet finally overruled the question, but dirccte that the inquiry should be as to the effect of any couvei satiou between witness and the accused. ti.?Did you go to the store of Ballard with the accui ed f A.?Yes. I went in August; she told me that he ha agreed to (lo for her; 1 told her how he hail treated me. Graham?That is all, unless the prosecution wish ti hear the rest. bAsoroao?No, we do not wish anymore. the stand)?No, 1 do not think yoi wish to hear any more, air. (Great laughter and mui murs ot applause ) Mrs. Mary Mooiix called ?I reside at the corner of Pear and Kerry streets, but lived at 100 Beekman street when lirst knew the accused ; alrout a week before the accusei left Mr. (,'allender's she came to my houae and enquirei for board ; after she had been with me two or three week she complained ol being unwell, auil I know she took om or two boxes of pills ; the state of her mind was very un easy and low of spirits; she remained sometimes Half a daj without speaking ; I do not know what kind ol pills the: warn ; I never asked her. ti?From these particulars did you form any opinion a to the stute of her mind 7 A?I formed an opinion that she had been promised some thing that had not been perlormed ; that she had been pro raised to be mauied or something like that; she had lit and spasms at that time very often ; she used to be ven wak and bad after she hall got over them for a gooi while; 1 asked her what was the matter and she said would know some day. By Juror.?Was the box labelled ornot 7 Witrkss.?I cannot tell; this waa in June, 1841. 14?Waa Mr. Ballard in the habit of visiting yourhousi at that time 7 Prosecution objected and question overruled. LI ? I)., vim know llxnrv S Hallnr.l J A?1 have seen a person pin the home which i sup posed was him , and I have seea the accused go out an> meet him. Prosecution objected to this answer as irrelevant to tin issue which wan sustained by the Court. 'I?Please nee if you can point him out ? [llallard wan still seated on the itep out of sight and re funed to rise. | The Court overruled the request. Crou-'xaminrd?She came to my house in May 1 thi k and remained until July or August:! did not keep a hoard ing house, nor had no other hoarder; before she left Mrs Cnllender's she was a free, light haarted womanjwhen sh< came with me,she was sullen and changed; I never aske< her to do any thing while she was with me. By DtrKsri.?Her singularities called my attention t< her conduct; she would come in and go upstairs anr stay sometimes several hoars without any apparent huni ness fOfficor Tompkins here brought up a young man foi contempt of Court, in urging the crowd to burst theoutei door of the Court room in. The accused denied tin charge, but the court ordertxl him to be committed unti the hour of adjournment ) Dr. HevuMin W was recalled, t^?Wha was the condition of the accused when brought to tin prison, and since I A !<he has been desponding to a degree of despair some timas; she han been ill several times, and once seriousl) so, and I attributed the cause of her Illness to the state o hor mind; she has also seversl times had hysterical pa roxisms; I have found her lying on the floor of her eel crying, as though her heart would break in a manner sr violent as to lead tne to believe that the nttack was hyste rieol; that she has been subject to paroxisms of vloleri liaalache, and that at such times tliero was a paculiai troubled expreaaion about the eyes that her couditioi W YO EW YORK, FRIDAY MORI ' wuiuchu to render it my duty to iutorm the keeper that 1 feared she might commit suicide, in order that they B might enforce the proper measures to prevent it; this condition has continued from the 1st of November to the preV sent time. " ft?Has the prisoner during this time attempted to r( * commit suicide, and if sa, relate all the circumstances at" tending it) I ' The prosecution objected, but the Court admitted the u j1 question. WiT Min?1 know nothing of the actual attempt on her part; i saw the machinery that had been erected for that n purpose in a contiguous ceil to the one in which she was in; the accused had the privilege of walking about the v corridor at my special request: in u cell of the female ti prison, 1 saw that she hail access to two bunks, which . had been placed upright, and a stick placed across; 1 saw, in the hands of Mr. Wheeler, u piece of cotton cloth, platted intha form of a rope, with a slip noose on the end; I j, think it was on Monday morning; on Sunday, on visiting her cell, I found her in a particularly deptessed state; like '' every feeble female, she appeared to lie particularly ex- n citable. Ii An offer wus made to obtain the opinion of witness as ii . to the stateof her mind, judging from physicul appeui- ,| unces, which the Court overruled. t ( In th^pourse of the argument, Mr. Hanio sbu responded v .. to some severe remarks made by Mr. (irahum relative to ' Mallard, and stuted that he was in attendance as a w itness ' only, an J should receive the protection of the Court, and c . not be subject to such scurrilous attacks . Graham?I shall treat with contempt any allusion rela- t tive to uiy course, proceeding from a source that could re- e > ceive pay to come into this Court to sustain such a prose- y cation, i Applaud-) 1 Court?Gentlemen will please temper their re- j > marks, and not indulge in personalities. ' S.iwnfORn?And 1 throw Pack my contempt for any one 1 who can use such remarks as have passed, coming as they do from one who has received his pay from a source far ? more questionable. ' , Court?Come, come, gentlemen?these personalities e b will not answer. a Witness crou-txamintd hy llit yroscciuion.?When c I she tirst came in I understood that constipation of the i bowels had existed for three weeks; it was twenty-four hours before she was relieved by medicine; 1 do not think she was more despondent on Sunday than I have seen her : ,, at previous times; I judged of despondency from the no- [ "J nearance of her eyes, her manuer and language; a suicide ' had been committed in this prison on the previous day by < similar means; I do not know whether she had been made J a acquainted with the fact or not; it has been noted that * when suicides are committal in a particular manner,other t suicides are apt to follow in the same manner; Mr John ( Hopper was in the cell with Amelia Norman on the after- . y noon si Sunday last; he went in with me and at my re- | quest; 1 informed Mr. Hopper that Mr. Warner, her ( ouu- * s?l, had left her case on Saturday last, owing to other engagements, aud therefore she needed counsel; it was at my suggestion that Mr. Hopper engaged in her behalf to procure counsel. The Court here, at 0 o'clock, took a recess until hall past six o'clock. Evening Session. The Court re-assembled at 7 o'clock. J Mr. Caiii-entier asked for an attachment for the appearance of William 11. Knapp, who had refused to attend. ) The attachmont was issued. The defence then called . j'. Mrs. Eliza Merriam, who deposed as follows :?I re- ' ' side at 64 Beekman street; lam the wife of Krancis Mer. riam; I have known the accused since sho was a child; she c ^ is from Sparta, Sussex County, N. J.; sho resided with me . . four or live years, and came with me from New Jersey; . her conduct while with me was very good; she had no '' male visiters when she lived with ine; she lelt me und ' went to live with Mr. Ellsler, who resided in the same house with Mr. Cullender; she then returned to my house ... and remained with me about fifteen months, und then went to live with Mr. Callender; she ban been intimate in my ! family since; she was subject to (its while she lived with , mo, once she was taken in church and I was sent for Croia-ixamined by Pruaecutiun?She was perfectly help- , 1 lass when in these fits. ! Oirtcl Resumrd ? It is about nine years ngo since 1 brought her to this city; she was then about lilteen years [ old; she litis no mother,but has a step-mother: her father is , a respectable farmerinJjNew Jersey, and is ubout tX) years ] . of ago. ' , Mrs. On*v was called, but did not answer. ' " Mrs. Ax* Pikksos, called ami deposed as follows?I . '* know the accused; I lived at 4-t TLtWpSOn street she ' ' once lioardcd with me; this was two years ago last winter; I have seen Henry S. Ballard; he passed by the name ? of Mr. Brown when lie came to my house. . ?Did Mr. Bullard visit her when at your house? r Objected to by defence, and overruled. } , No cross-examination. : " JotL called and deposed?I reside at 53 West J Broadway; 1 know the accused; she lived with me iu No' vember, 1843; from the latter part of August to the time J siie was arrested; she worked for me, ironing shirts; she j sometimes would leave her work very suddenly, ami lie- ' j gin to cry; the evening before she was arrested she cried, t and then laughed, and I don't know what she did; to en- * turtain her 1 gave her some daguerreoty pe plates to clean; j ^ I gave her some cotton and oil to clean tliefh with, ami she rubbed the table with the cotton; she was very much ' . excited, in fact, for two days previous 1 told iny ; wife she was crazy; my wife and a little colored boy were also in the room when she rubbed the plates: I always . knew her as Mrs. Ballard, and by no other name; I went to 1 the store the day previous to her arrest: 1 met her in Greenwich st ;she had a bundle of cakes eating thrm in the street; 1 , I thought it strungo to see her so as she was generally ve- ! I ry lady like ; she walked backwards and forwards sovc- . ' rul timas ; I went homo to send my wife after ber ; my * wife was not at home and I went back but did not find her; she was home at dinner that day ; I spoke to hei hut she J did not answar me ; she had a large bundle of cake ; per- . haps two shillings worth; when she waa at dinner I asked " her what was the matter ; she did not answer me but c.ri- , 0 ed ; she was more excited than 1 ever saw her before, ' although she had been with me about three months ; I re- J ' mained in the house until near 6 o'clock ; my wife gave , her some work which alio threw on the floor; 1 told my J j! wife not to permit herto go out that alternoon as she might : fall down in a lit or some injury happen Iter ; she had had . 1 tits in the house ; 1 told my wile two or three days before ! 11 1 thought she was crazy. , Cross-examined by I'rosrcvtion?A crazy person is a ' person not in their right mind; I suw other indications of * her not being in her right mind; she would take a shirt 'j that had been brought Irom the store to he ironed, and wipe the tears from her eyes with it, and the shirt had to 'j be washed over again; she done this several times; we | i had a negro boy, and he would laugh; she would imitate him some times for half an hour; this laughing woald occur after she hud been crying; the hoy would take u pic- ! J ture and laugh, and she would laugh also; the night he- ' fore she was arrested she laughed lor half an hour; 1 was .u uomciuc mgni neiore sue win arrestee; sue was hi liumi' all tin- evening until I went to bed) I >1 ill not oil- . l" >ervo thin crying until utter she hail tieon boarding with me lour or five weeks; I have s en persons in hysterical ' '{ tits; her laughing was tnoro like mud laughing; it was not , u hysterical, as 1 think that arises more from a contraction e of the nerves; she appeared to laugh involuntarily, not J1 knowing it; she appeared to know when she cried, us she s' was then conscious; I generally go out about 9 o'clock in . r> the morniug and return about 3 o'clock to dinner, and then e come home at aliout6 o'clock in thn evening; I used the '* dnguereotvpe plates for my own am moment,1 gave her the a plates to clean the night before; the negio Itoy might have . laughed to see her rubbing the table instead of the plates; J I told her several times that she was cleaning the table; ' she did not reply; 1 addressed her several'times, but she 1 did not understand me; I met her in Greenwich street, be- ' tween Vesey and Warren; I believe she was walking op, posite Mr. Lee's dry goods store; I sjioke to her when I 1 came home, but she did not answer me; she eat nothing . at dinner, lint cried during the whole time; I called my ] 0 wife out of the room and told her not to let her go out alone ; she would rub her hands also at dinner; she n cut her meat up on the plate in small pieces, and when I '' asked her why she did not eat it, she wouldn't answer me; : I went tolheAstor House to see Mr. ballard, but not this 1 . Mr. Ballard. ! IHrtrt returned. ?My store is at MO William street; I . keep a wholesale shirt store; Mrs. Ballard, the accused, , was employed ironing shirts for me. Knwsao Stuwant, called and deposed as follows:?! s * keen a public betel at Newark, N. J.; I know the accused, )' as also Henry S. Ballard, he entered his name in the re- / ' cord at my house, as also the name of the accused. \ The prosecution objected. 1 Mr. Graham then ottered to prove that the name of Ballard and accused was entered at the stage house of wit- : " ncss for passage to rtpaita, the residence of her lather, in January, IM& WiTirss?Ballard did not go with her. , The Court overruled the testimony as not admissible. . * Mr. G* aha u then renewed the oiler of all the testimony ' showing the seduction of the accused hy the complainant " l Ballard, as also his subsequent abandonment. Thn Court again overruled it under the exceptions or Counsel for uefence. The Counsel for defence then said they would rest their ' s CtK'- II Mr. Rivnroan said that the prosecution had one, per haps two witneeses, to prove the state of the mind of the ^ WI.IIUXJ Ull III r IT V I'll I ll? UI mil CIIITIIIIll'lllll I" Villi ?l I v The Court decldodthit tho testimony wn? cumulative ^ 1 Tha testimony on roth aides waa hrraclosed atOo'c.lock M ahd the dimming up will commence thia morning at 11 (i o'clock. John A. Morrell, Kaq , will commence lor di- . p fdnce? Jonaa B Phillipa, K.lq follow for primer lit ion. Ibivid (irnham, , reply, and Kdward Sandfbrd, K*q. [, cloae for proiecution. r Birn.Mftn or ihk Fanny menm- jj boat Fanny Klaslcr, owned mul commanded by L. ] A. Phelpa, which left thia jiort yeatenlay, for Albany, Heorgia, accidentally took fire a few houra afterwarda, " and hurneil down to the water'* edge. ."No one received J any injury, and all the peraona on board arrived in thii ' city in the yawl boat a few momenta ago. The K K had on troard an naaorted cargo of merchandixo. auited for (he " j iiii country market, which had chiefly been shipped on *' ' aoventure bv merchnnta in thia city. The boat waa of J.1 little value, lint the freight maybe eatimated at $3,000: total loss n<d mure than $i,0(KI . ipnhn hit fin ( inn. .Inn. h Jj

r Tawsop liit-k hy P'irk at H ahway.?Franks' ilye- n ing establishment, ut Leesville, near Rahway, win- 11 I burnt about 3 o'lock on Tuesday morning, and " Big ' John," a Herman latiorer, aleeping in an upper rtory, iiei * t iahad in the flnmea The building was chiefly owned !>j 'I a Herman friend of Mr. K. in New York, who had furniah"d " him with aome yjOOO worth of machinery. The in- ' aurnnce la aaid to lie much below the value of property t ' destroyed. OalioiiioR Wilaon'a paper null in WeaUWhl 11 f township, In thi* comity, wa? burnt on Sunday night. It j' waa iniured hv the I'lainfield Co. for $1 'too, which will I not make good the. loaa ?Newark Daily ?1rfe. Fire in Month ki.ia>.?The Court House, the v t I'reahyterian Church, and an old dwelling houac, were r burned to the ground at Mouticello,^Sullivan county, N 1 i V., on Saturday afteruooa. 1 IRK I \TING, JANUARY 19, 184Viae Newark Murder. b V. S. Horn., Newark, N. J. > " Thursday, Jan. 18, 1844. ) ^ The trial progresses very slowly, and there is a l> jrimdablt- urray el' witnesses ill the witness box. ? 'I'*4 mfproat <in*.a nnt flncrur Kilt iu rttllinr incrHamiiR ! i, a 1 observed quite a number of the fair Indies ot ^ lewurk, in holiday trim, comfortably seated with- j i< 11 the bar, under the care of the gallant Sheriff, rho is indefatigable in his attentions to them, and j, 0 the duties of his office, lie is ably seconded by >< is pons* of constables; the result is thut the utmost u rder and regularity is maintained. The prisoner w naintains the noruhulancv of a disinterested sj>ec- ^ or; he is perfectly indifferent to the eoutse of ex- t mination. The chief object of the prosecuting of- j i icer, to-day, was to show the state of feeling, and ( ' is ouuse, between the prisoner and t >ersliain Clit-d- v ick, and the ntlein|>t made,by the former to bribe lie referees. The testimony on the latter point '.J vns very strong, and vet, unless to suggest a ques- r ion or two, he did not appear to vary Tits indtlier:uee. \ The agent for the Herald, at this place, called ipon me this afternoon, and has placed a boy at my o etviee, which is a great convenience, as 1 shall be ' ible to send oil' my notes by every train, lie in- ' drilled me that so great was tho demand for the J lerald to-daj , thut he had to send for an addition- , il supply. The trial of Amelia Norman, 111 the t lourt of Sessions, is creating 1111 excitement here * ilso, and the very excellent and full length likeness o >f toe unfortunate girl presented in the morning's I dition, caused quite a rush among the ladies,who * ire the chief customers of the ilfiuld, here, the ^ ither patters, thev say, are so dull, stupid and full ' if twaddle. f Mr. Stewart, proprietor of the Hotel, bus kindly , liiderlaken to forward this. The house is the best n Newark?fare good?attendance good, ami the t andlurd is a very good fellow. The J udge, Asso- t late Judges, Prosecuting mid Defending < oniisel, < lurors, Reporters, See., are all sloping here. ' Thp NmIivp Anwrwiui IjhiIV arh In li.ivn ;t i?rt'iil ) Heeling iiere to-morrow niglil, to adopt a coiu-tnu- | ton and bye laws. The success ot the party in ; S'ewark ta equal to that in the city; the " old llmi- | ters" are trembling- The train is starting. Yours, Kutx County Oyer antl Terminer, t Before Judge Whitehead and a full Bench. Print of Thomas Marsh for thr Murder of the Wife and < two Children of Grrslutm Cheddick, at Newark, on the i ni^ht of the Vth November last /last. Secomd Day?Prosi.cutiois Cohtinied. Mr. (JticuDii k recalled?Delivered up the key of my ' louse in Bahway to Mr. Day for Marsh, atiout the time { so moved to Newark; the stone which fastened the door , if the house weighed forty or fifty pounds. By Mr. Hautsd?The man who tormerly lived in the . lurned house gave me the key of the Iront door; when I nformed the persons who occupied the house of the ex- ] liangn, 1 found the wornun was sick; they requested me t a find them a house, which I helped them to do, und they , noved out three or four weeks previous to the tire. ( L. Brown sworn?1 live at the brick kiln house , u f.lui strut; was the 11 rat person at (ha lire; it was be- ( ween eight and nine o'clock; I kicked the back kitchen ( loor open, and took out a barrel of buckwheat, and then liu big dog came out; this was the room where the family iad the tire; 1 saw the front door open, and the fire under he stairs, aud blazing to the top; the (lames were pretty | mar out to the fence, so tliat we could not move to the runt; I made three attempts to get at the barrel of buck- | vheat, so Dot was the room; the tin1 ha I broken through lie partition close to the staircase, but had not reached up , o the health wiiere the kindly tire hud been kindled, ' here was no tire in it at the time; when I opened the back loor the tire hud only broke through (lie partition, and lad not readied the floor; the ladder was placed lit the side if the house next to my house; I hud to pass the front of lie house to reach the place w here Mr. Cheddick stood.? recollect that it was a moonlight night; I ret tinted home irevious to the fire aliout eight o'clock; 1 tlNnk the moon ad not then rose; I did not perceive any bundles of straw ying outside the fence; the billow ing mornirg I saw the races of straw lying about; 1 was there about 7 o'clock hat morning; I saw the bodies fail Irom the upper floor; was theu standing by the oven, which is aliout twelve ret from th^roar ot the house; there were three bodies nkcii uutof the house; I should suppose that from the , ire of two of the bodies that they were those of icrsonsabout twelve to sixteen years of age; the laige idy fell through near the stairs, and the two smaller lai- , ues together about four or five feet distant from the larger , ' ody; I took the larger laidy to lie that of an old lady. lly Mr. Vasuyki:?The front door stood aliout hali wuy | ipen whan I first saw it; the door was on lira but was not inhirig'd, tt? lnunes were Ifsuh.g through Use ipace; thero was no traces of fire at the sjnit w here the ilraw lay outside the fence; the house did not burn down, t was pulled down; 1 examined the house the next day; here were several pots and kettles lying on the kitchen learth; I had been in bud belore I heard the cry of lire. Cross e j ami ntd by Mr. IIai.stkau, Sen.?1 heard the cry >f lire three times lie lb re I got up : 1 first supposed it was he brick kiln, hut us I got up I saw it was Cheddick's louso ; aliout lire or six minutes elapsed between my muring the first cry and my reaching the pluce where \lr. Cheddick stood ; the cries of fire were in rapid suesession; thelirst word that Cheddick said to me was tlial lis wife and children wore in the upper room, and asked ne to try and save them ; he said he had jumped out of he window ; the ladder stood at the end of the house heween the two windows ; 1 think he said at the time that le had placed the Indder there Imt could not get in ; fit rick Callughcr handed me the pole, with which I broke D the window : I had tried Willi my hand hut the glass s as too hot; I broke the frame of the window ; the fire Hid smoke rushed out; I did not hearnny one in the room; helieve I hallowed two or three times, hut got no answer hat I heard, so I jumped oil'; I shouted heibre I broke ipen the w indow ; when 1 got off the ladder I ran to the tack door ; I think I w as the first one at that door ; the , loor leading from the entry to the kitchen wis not o|>en ; ifter I had failed in the first attempt to get in at the winlow, Mr. Cheddick begged me to try u second time, but I old liiui it'was useless ; he then went to my house to get >n some clothes. Ry the Court.?Cheddick when I first saw him had his i.iir singed, and his face and arms were blackened; he aptearod to be l ime Crutt examination run/tmo tL~The stone lay on the fol owing morning behind the iront door;whcn I first arrived here I could not pas* between the fence ami the front loor in consequence of the flames. [The Court here informed the w itnesses, who had been ate in their attendance, that if they w ere again absent vhen called, a line of such amount as would punish them, vould lie imposed.J Patrick Oai.laoher, sworn.?1 live at the same house villi the last witness : I heard the alarm of lire and went 0 it; I was two or three minutes lifter Drown ; 1 could lot say what o'clock it was ; the only persons I saw there vns the old man (Cheddick) and itrown. [There w as nothing new elicited from this w itness ; he ncrely corroborated the last witness J la* \ls.arMAM, sworn?I was at the fire at Cheddick's muse; 1 arrived there at aliout a quarter before nine; I ieard the alarm a few minutes past halt past eight, i was t my house in Walnut street, which n aliout half a mile rom the burned house; there was about thirty persons here: the roof had (alien in, and a | sit of the upper floor iud burned through; the front, hack, ami southeast ml were on lire; the upper portion of the other si.le wh* hi rut down to the window; I saw cheddick alter the fire: vhen I first saw the laidies, they were laying on the first loor, uhout six feot from the kitchen fire place; there rcrv Hires bodies, two lay side by side; the other las bout two feot and a half fioin the two; I took out the two tidies first and then removed the other body; I do not .now that any person hod discovered the bodies before le; there was a part of a bed tick ami some feathers lying u them, I did not see any fragments of straw lying neni lu-m; I do not know whether the upper floor had (alien hrough when 1 got there, hut 1 know that there was bout six lent burned through. [The Diitrirt Attorney here informed the Court (hat diaries Kasthurn, a prisoner con fined in the gaol, hail just ied. He had been sentenced to the Penitentiary fot six ninths, but in consequence of ill health had not been reloved. The Court said that no action whs necessary villi regard to the disposition of the laxly; that the roro cr would hold an inquest, which was what the law re uired.J The ho'lies lay almut six or seven feet from where the pper floor hail burnt through:they lay on the floor about l\ feet from the kitchen hearth; there was no appearance 1 the unler floor liHving been burned when tile bodies re re found; I saw twu or three bramts lying, one on tin earth and two in the furnace, on which the tea kettle las. Kach of the two bodies had one foot and one arm unit off; i discovered the 1 todies by seeing the bone of a it itirki'itf Ihrmii/h thi-Hmli: tln-l.urU of the h#?\ fir.. t eared to have been protected by the bed; hii legs wenotli burned; tlio hands were eo much burned that jron otild not racognise them: all you could perceive we- ( fiat they were the headaof human beings, I ifCeitaJuod .. tint one of tlio bodies wee that of a male, I could not tell J ihat the other two whaie, thoy were so disligured. I got ' large Ikix out of the corn house, mid placed tlirm in tlie Inn Re of the coronerjjl did not are them iu( until I new v hem in the licarsehotise of the Thirl Church, timolol II Bin ii, aworn. ? I o n on'- of the Coroners f Newark: I held an inqueat on the liodies ol three |>Mr- ! r>n* burned ?t Cheddlck's house; when I arrived at the otiae the roof had fallen in; the front and the end farthest ' rom the town were hurned, hut the uprights were stand- : ir; I half>ed to place the fire engines; I then heard that lero were bodies among the ruins; I SIIW t heddirk attlie ext house, and learned from him the tact; I returned to . fie ruins ind found that one of the bodies hint been ear. ied out to tlie tiark out-home; there was ,i hole ol ahont " to 8 feet Hiiuair burned through the upper floor, I found 1 fie kitchen floor had not suffered from the tire; thare wii !| o evidence that it had boon on tire at all. two ol the 1k>ies iippiwred to be that of persons aliout 10 years ol age; ' he iargeit hoily had a piece ofhed ticking. and some b-? ir rs sticking to it; I presumed that tlie largest body, was uatofthe mother, from the course nature of the flesh; an v upiest was holduu on the liodies: there was no examine 1 >m made of the bodies by a physician, I could not dis < ingnish the sex of any of the bodies, tlie jury returned a ? erdict. t Wituiu M.fliioTwui affirmed. I live at llrirk Town, I tab way, I am acquainted with (tershain I heddick. and I 'bomas Marsh, tha prisoner, 1 have lived in their neigh ' .... % . t .' .i..n i. IERA t orhood for many years; Cheddick and the prisoner li \ ed Itoiit a mile ami a half apart, for many years; < heddick ailed upon me a lew days lieiore the arbitration, and 1arsh called the night previous to the moating of the ur tration, he remained ut our house that night, w e converrd in relation to this business; .\laisli said that he had got , a a scrape, and thut he would give one hundred dollars J A.Mi j get out of it; we talked about the arbitration. The counsel for the prisoner objected to this testimony, I ts ut the Court allowed it, us tending to show the state of term . cling between Marsh and ( lieddick. I 'nib Wir> said that (.'heddick'r fartn wus out of (jtlic rdar, that the fences were down; 1 asked him what Ins ^ roperty was w orth, and he said that he w as not obliged <ivcs j sell, but that he could get $1000 by waiting on a man. . 11 the conversation 1 told Marsh thut 1 held u little note > . . ml had a book account against Cheddick; he said that lie i'lle rould take the note and account, and that he could get tiurn ome corn from Cheddick for it; he did not request me to Iroln ecome his referee; 1 think he knew before he cuine that Coir 'heddick had culled upon mc ; Marsh ottered to give up belli heddick s papers to the urhitiutors, if he (< heddick) was ()f ;l issatistied; I understood Marsh to suy that he did not In,.,., ,ish( heddick to stand to th? tiarirain; MaiMl ollerc 1 to i ?ke the note and pay me th? money, even though * bed* , ick <li<l nut stand to the Bargain; the next morning 1 told artlei Jursh that 1 hud mudc up my mind not to be one of the tUKlit eft* rees. pohtu H- -Did Marsh my any thing to you about lixing the ttiul ulue of f'heddick's farm? newt A?-He did; I do not remember thut he placetl a value miss in the farm at the time; he said Cheddick had nothing to ,.vej ose. [Thia witness ii either very dull, or he has an un- ^ * iuppy manner of telling his story; he mizzle*- lawyers . j , udges, and all to understand him J \Ve met at Broad . 1 trcel, Mr. Mulford, Mr. Marsh, and myself ; we then ill pr* nude our calculations ; Marsh asked me ij I u-?.? iuiim *oiii? l? do (Ant?he did not say what I was to Lie li< lo; I considered thut ho spoke about the note, Irene d' which he hud conversed with me the night before; jure told hitn I was not ; ( heddirk told me th* n that I would )mv , ave hint a great deal of tiouble if I would act lor him ; J M Yard was chosen as the third referee ; he was not with . is at the tavern in Broad street ; Mullord and I did not """l* include our business then, as we wished to ho away " rom Marsh and t heddick , we went to an eating-cellar rtiltiei ind there we agreed on what Marsli should give ( lied- rates lick ; Marsh followed us to the cellar ; he made a remark by th o this purpose, " William, you would not give so much propi in acre for C'neddick's farm."' I think Marsh saw trie cal ' . ulution he made on the paper; 1 do not know what he- ... . i utile of tho puper ; I think Marsh took it ; he did not up- 1 icur pleased with our decision ; the award papers were ilgnea by Mulford and myself at the Mansion House in ',ls' 1 llahway ; we met there unexpectedly to me ; when Mill- t'Xeri ord tuid I parted at the cellur there w as no understanding pond hut we should meet again. coni| The Court took n recess until three o'clock for dinner. #'25t Aftkkxoom Sxssios. (uali Mh. Shotwi 11 , recalled.?1 dont think 1 have scan the venil iwurd since I signed it ; I have not seen Marsh at Huliway pluct tince we signed that award ; I saw Marsh in the ticket yj ottice at the Cotirtlaudt street Kerry oltice on the evening ( ui- , if the fire ; he w as there about half un hour ; Marsh asked ' ne il I had seen Mulford (the other referee,) since ; 1 said plt'H res; he wanted to know whnt was the matter, that such "V' c tn awurd should be made ugainst him, and asked if we had nl til dtered it any ; I told him we had not altered it ; he com- it lilt lained about our giving so great an uward, ami said that bis tive hud valued Cheddick's place at a higher rule than tellil ( heddick himsrll had olferci! to sell It at ; Tie appeared to A >e olfronted at us ; he signified in the course ot converse nevet lion thut he would have satisfaction ; he might have oilic* iworn ; I know he used harsh language, and spoke hard - jw lie did not particularize any person (meaning of the re- |?. erces) ; 1 do not know that he knew that I hud signed tile witni written award ; he had not said anything lo me about al. ring the awanl at any time ; I was not offered money by , aim in relation to that paper (the award) ; I do not know h :hat Marsli suidthot ( heddick had moved into the house ; 0ugh this conversation occurred lit seven o'clock, on the eve- bemi iiing of the tire ; I saw there William Williams, and a man g,.i,t uained Finch, at the oflice the same evening. yond Crotm-rr amine d ? 1 came across in the seven o'clock jj, boat ; I did not see anything of Marih on hoard, nor ut the . . ar house, or in the cars ; I went to llahway that night; ., the car stopped nt Newark ; I could not say whether it 'Urel was one, two or three days niter Mulford and I settled the popei uward at Newark, that we met at the .Mansion House in tuciii llahway N.J, and signed it; 1 believe tlie paper was An ready drawn and was in Mnlford's possession, and all we nlllie bad to do was to fill in the amount . I do not know who agitu drew up the paper ; 1 did not see Ward at llahway at all ib, Direct if turned.?1 saw Ward nt the oyster cellar at Newark oil the day we Nettled the award; he and Marsh !i " ' came in about the same time; 1 did not see Watd take any ' part in the calculation. press Joxhtiux Mi-clvohd sworn?I was one of the urbitru liitlll lori in the matter ol < lieddick ami Marsh; Mr. Ward, priVa Marsh, another man and myself met lit ( 'heJdick's house die I mid viewed tha farm, for the purpose of determining the (,i p value of it; we returned to Newurk; ( (e'ddiek and I rode ,.X( together and Marsh brought thoother man; we then look I'd at Marsh's property, which consisted ol a sort of shoj and a small lot ot land; 1 don't know the number of acre* font War J nsked roe what I valued .Marsh's lot at; I replied |40U; at thin he laughed, a-, he did not coiilidei it a prici nV, it all; I told linn 1 should w ant lux opinion ol Mr ( lied- llic I lick'* property; I think ho said f>l*<Hi. it wau not tar Iron diliu that', I told hnn there w as no use in out Uaing uny thine p-cti shout it, it* we. differed to widely, and that w e should rut! in a third man; I told nnd Marsh that they must ,i . choose the third man; several men were named hy them both, luit Marsh would not agree to them; at length I told w Mai sli that [would Inline a man,and then Marsh said let Shot tlcu w ell (the last witness) la- the man. as ho did not care who 'I the devil they chose; we met next at Newark, and all tin men parties were present except Ward; Marsh in answer, told ciliz me that Ward had gone to the itoaid ) urd: we continued necti waiting there, ami Marsh said that Ward would be with j| us in a few moments; Shotwell ami I went by ourselves oft", into the room oll|tlie bar room, and I told Shotwell to murk _ ' on the wall the value of the property, and I marked on a hit of paper; we did not agree; Marsh interfered with us hriU| and we determined to go somewhere else by ourselves; >>ul I we went to an eating cellar in Market street, und we got proli some pens nnd pa|sir; Shotwell did the writing, arid we to til put down what we thought would be the odds, plille- man rence;) the first thing I knew w as that Marsh came in ( and tore off the end of the paper; he then said, " Mnlford, ,r|j(l what are you doing.'" Ward came in with Marsh?I think i ught after him; Ward took a seat opposite, and asked file what we were doing; I told him he should have been with . n? und if we had dour u-ronir lie rotild have corrected nw- SChM' the award was all draw n up. and only reqtlirrd 1 lit- tilling un cii ii|> tho amount, for which a idank was left; Marsli gave it omattho tavern; ttatwdl MM nptheMuk, and i gulai iskcd Ward if lie would sign it; he said "no." newt By the I'otRT?Had you signed it' ini,.i Witscis?No, I had not; 1 then told V\ anllhat I should sign it; as there was some little difficulty , we did not -ign it that night, so I nut it in niv porki t, 1 returned to the tavern, leaving Hnotwell at "the cellar; as I wns driving home. Marsh came to me and asked if heeould ride with me; 1 said, eertainly?so he rode as far ns Kli/.iihetli />,)/, town; in about two hours he came to mj house, it might have lieen eight o'clock; he then hdd w he tr<t? reey much dt ttntttfed with the award; Ire ojfercel fere hit cheek tin hiim! |,-^ if I wnuld girt him up the award; 1 told him I should not do any such thing; we were talking about theddiek; until Marsh said he had become poor, I asked, by what goin means?" Marsh replied, " by poor conduct and hail lurk," he staid with me all night; next morning alter we gut up, "Ts, he said lie hud not slept an hour all night, by lesson nl ,jl(. , i(linking of that aw ard; Marsh asked me to go tnd ask mira John Shotwell w hat he would give for ' lieddick s place, also William M. Shotwell (last witness) to know what he J','1 was going to do about the award; I refused to see John, "?y? hut went to see Billy; I found him at the Mansion ">ini House at Itahw ay, and I asked him if he was satisfied set <! with w hat he had done the day before, he said he was linVe aot, altogether, as he had not given f'heddick enough by -ip*l f >(); I told him I had no idea of making any such alteio- ,|\|y ion; so we signed the award then; Marsh wished me not ? pot the award into Day's hands immediately, hut to ail till the next Wednesday; I kept the award until Day "x' , uked me for it; I heard of the burniug of tlio house alsnii "'V\ lie second day alter the misfortune: I had given up thi Oil li iwanl to Day the w eek previous to that in which the lire jont] tappetied; 1 think we put the true date to Hie award; it '1 ill sa< dated on a Toe-day, and we signed it on Wednesday; the ( Mid not see Marsh after thai until to-day . while Marsh prepi s as riding w ith me in my wagon, he offered me f Ml to | live up the award; he offered me Ml on the morning [ . . ifter, hut I said it was un imposition l ie witnes. I.eri lorrected a portion of bis previous testimony as to the '' ime of giving up tin award; he thinks it w.ti onthesnnn 'liwi veekon which the tire occurred.) Iieui| fcili-M'tmintd -There was no time or plaCSt fixed hy lis it the cellar, w hen or where to meet to sign the aw ai d; I how bought we hail done right, and if Ward was not with u ||,. r t was his own fault. When I handed the award to Mr Kegi }av, he opened it, and raid it w as right . i As i uosr Mono. sworn I was at the seene of Uu _ turning on the Monday morning after the lire; I observed i-'Ojir hat there were traces of straw on the road side outside uului lie fence; there was no appearance of burnt straw then. sulci examined it particularly, to see if there had been any t- ill Ire thero. Kejri Crnti-u aminrd I went there lor riiriosity , I had seen I'rrv dr. I heddick previous to going; I had seen the place b< j . taha Hi osl, sw orn This witness was examined n the same grounds as the last witness, and his testimony a tas mntct iafly the same. I i The otiiI adjourned at h ill past six, to meet to-day at Vcm ialf past nine. or lit . lloeti I jATfht Km iM Mexico.?Advice* from Ver;i 'rtr/, to lite I5ih tilt , had been received ut Havana arriv I'he VueaUn < ommissionert bad iieen conferring w illi yciitl ianta Anna at his hacienda, near Vera t ru/. anil returned n,lN| o the city of Mexico on the l.'lth December, to nrrang. , . iith the Oovernment the conditions on which Yucatan ' hotild again form part of the "great Mexican family." I'liey were scry much pleas. .1 w ith the reeepfcon given I'" " Item hy Santa Anna, and with the good laith manilesterl Willi ly him on the Yucatan question. The (fovernment had town espatrhed a large number of troops to Honor*, to subdin popul lie Indians, who were committing great deprodstions on the he inhabitants. aelee N'k.w York 1 -KniHt.ATt'RK?fin Tuemlajt the dc- " lH)r latea in the Aseemhlv un the natiniiil retrench- .'""i tent resolution*, wore brought to a rloo the .Ic-u-sion " "iu iving bi-en continued beyond the usual hour ol adjourn- ' iient. The resolution* Were adop'e.I unanimously 'I lie tton ? lid previously passed the Henate by an equally declaim ,\p xpression ol thejlcgislative voice in t,,ic - idi Mi'KiiRR Com bsvkii.- We learn, Kays the Hull- si,,rr, vav(N J.) Uepnhlicaii, tin t i per-un living in |?|(., lii.ldli hush, Somern t county, one da* la-tweek made . ,?r |> tonfei.ion, acknowledging that himself and Peter Kebin . on, (the murderer of Huydam, at N' w Brunswick.; were ' I1 he persons who murdered flohert F Baiiilolph, in Dark ' -Sue, near Metuchen, about twelve years since. The urcil >er?on referred to, it Is sai l, ma.lei the confession on his 1st'' tenth bed, tnd has since died, mi J | J"." '' XJi LD. PMn'i wo Cent*. WMhln|(laii. |c orrespoudeace of the lie raid] W ami in* (ton, D. C , Jan |ti, 1*<41 I'ott Office Reform?Ai Protect % ;s (ioKixiN hknnktt, l^w-, ijkak ^tk :? ike leave to write you upon that which so nm lly affects the interest of every citizen ut tin eel States?the probable action of the l'oai e Coiiiimitee appointed by Congress. dlscu?sloll arose ill the House 111 ltepreseiituyesterday, fMonday,) upon a motion made member tor an account or the number of free rs which have passed through the l'ost OHiee ig one year, Arc., which elicited a ren ar? Mr. Hopkins, chairman of ilie l'ost Office imittee, ol the gratifying charac ter, that " lie ved the committee wrir unanimous in favor thorough ami effectual reform." And J am y to inform you, that in conversation with semcinbers ot that body, they manifested an lit desire to meet the Views of their COUStlby the largest reduction in the rates of ge, especially on letters containing enclosures, such ecpiitaole regulation in regard to tie paper press, both as to reduced rales tor trunsion and mode ot transit. I'.ut in this, as in y other body, there is a portion ol the meinwho appear to he blinded witli a deeply rootleu, that a reduction in rates can only he made oportion to the amount of the present revenue; queritly, as there is no excess there ought to > reduction, as it might render a resort to tl e. nry necessary to meet the deficiency?a nieaunder their ocliet not tube resorted to under mergency. How absurd! and yet amongst restem members hi the interior, but too prevuis perfectly obvious that if such views are ed to influence Congress, and the present continued, that the revenue actually collected e 1'osi Olhce Department would diminish in irtion to the facilities afforded to the public ivale expresses, until the department would ic in receipt of sufficient revenue to pay the y of its tdTicers. Charles A. Wicklitle 111 his re port shows, that notwithstanding his zealous lions to suppress every means of illicit corresenee, the revenue during the year 1848,as iareil with the year preceding, had fallen off and tins diminution during a year ot acniproveuic nt in every other department of ree, produced by the revival which had taken in every description of trade aud c ommerce, r. Kennedy of Indiana, a member ol the 1'obt e (.'ommiltee, who stands forward as the cham,.c .1.. i ii. l i .1 - vi in*- louanuuff uuu r.\^iuuru uui'iriuc lllill iepartmcnt can only lie reformed to the extent ie excess of revenue, and to illustrate Ins views ly be well to copy the following sentence from peech upon this subject, us repot ted in the lu encej of this day, the Kith instant:? n out' member of the I'out I Mice < ommitte, lie would r cuuiienl, umler any circuamtunctii, to make the I'om b Department a charge ujion the Treasury proper, ax willing that any reform tlioiiM Immade that could rovitletl the expemes ol the department were kept in its revenue, lie would consent to no itdu< tionol go or other regulation that was to nwhi l oatagi-i a ;e uiion the niuati ol the people of the eoni.irj , w ho 0 little to do with the commeicial conunuiut), who t to pay it? uu n postages. Any reduction ihuteouhl nle ii postage, so lung as the department could tie within its ow n revenue, was right and proper, lie that, he would never go.'' w Mr. Kennedy can sustain, by argument, any leec views, appears worthy ot conjecture, but y audi views are Ins own, and cannot he eup1 to be in accordance w ith these ol his consuls in Indiana. i examination of this subject would show, that (Ugh the commercial community have actively . led tins question, yet by availing thcum-lve* a improved facilities ullorded them by private sacs? they are in a great measure ex< nipt I rum viI of the present tariff which to cruelly o|>es the correspondence of the rest of the comity, which facilities are beyond the reaefi of ite citizens, both in elites and in the iuti nor ot riited Slaws ; and by relereuce to the Herald us day, which is now heiore me, 1 ofiM ive an Ileal article exhibiting the outline ol a cotiijabout to he established in ,\i vt \ orb lor flu; cyalice of letters between the principal Clllc.-, railed "'J'lie Aliuiiciiil Mail Letter Cutllpuwliicii, tl earned into effect, will increase lU'ic.iiitile laeilttie of private eonveyunce and ntsh the pies* tit I'ost < 'tlice revenue. i^u Ling tip- constituency ol Mr iv? nnedy in the s ol Indiana, and all the remote sections of nited Slates, to lite largest rale ot postages, reliy their correspondence w ith the larger eiwill he confined to the present limited extent ie prejudice of the landowner, farmer, lumber hunt, and the wellnie and happiness < I private ens having relatives or connexions in distant ions. appily Mr. Kennedy is but an unit in the Post ;< Committee; the majority entertain enlarged re, and as Mr. Merrick (Chairman) will shortly it in a bill,embracing the w hole question,w hich. \>r an untoward event in his family, he would ably have done before this ; this tact, added e manly declaration of Mr. Hopkins, the Chair lit till! HoUSC ot UcpreScnlHtlVCH I'oM < 'lllCf miittce, arc strong grounds to hop*- thai ilicexn of I he community, aided by t lie piers, in li the Herald ban stood boldly forward, will have been m vain, and ihe postages will line on be r< dueed lipotl letters not exceeding ball inee in weight be five tents il prepaid, and ten if not prepaid, and such liberal ran e and retold made in rotation to the transmission of spapere, it -ent through the mails, life the true ests of the reading publie demand. h. ' Albany, [Correspondence of the lleralil.J Ai.uany, Jan. 17, 1HI-I lira! Movement*?Conterv/itivcit?Bam-Burn rri? Young Attn ri< a?A/ijiointmenh. otn the time of the organization of the House the present, a constant skirmishing ha* been g on between the ('ronwe|lites,or the old bunkand the J lolfmauiies, or the Ihim-Burmr*, lor i.Hceudancy and power. The defeat of the Adil for Speaker wie the signnl lot bis bo nds 10 rnze.und by a quiet, confidential rows ol no the Admiral has won over very many ot lus ier opponents. The name ol cv> ry member is lown upon a list, and the nio-i to be feared been operated upon lirsi. The Admiral'* igth, reliable in the'Assembly ut tins nmment, is ' live among the democrats, which shown un are from the commencement of the aession ot thirty. The pacific course of action which icen pursued towards ilm whigM by the Adiman so tar won ii|hiii tin ir confidence, that a inn y of them are known to have declared in favor e Admiral's j,|an lor a Conventual to amend Constitution, lor upon the point is tin Admiral iruijt toeonceiilrute his strength; ami I should >r surprised, it he should succeed in running lis one and only project. ie (,'roswellites have, within the last two days, iven-d their falling off, and caucuses aie now ; lu ld to try and regain the lost ground; hut will be impossible. They ure all alarm n to and when the Admiral is to acton his relornis. mi-lists no one with Ins secrets, so that the ncy are constantly in the lear > I some omit. The Admiral won't move until lie -< ea be. se clear before bun. and ihis long and tedioi. . going on in the House,has been created y 10 HiYf* iiiin cirri''. firvrnw, 111 ??iiik icaucr, to the secret, for the purpose ol defeating the i-ncy anddistraeinig the party iri the coming idential election. eel almost certain, licit (" lore the qiicstiou is 11 in h conveiitif e, (lie whin* will go tor it to in?many ot them hav told me so. ie game ol till tIiim i.- to make the Admiral (toot, or to brenl; down Hoik k next hill?tor one ith lire Inn lri> ml* prepared The feeling ol iliiy is bo strong betw een Hotlrii.iu ami Bouck, (lie former hue not spoken to Hutu k since ln? nl in fini" place. should llotlinuti get In- conioii through the A* oinbly, Hoiiek will not be mated lor a re-election; depend upon that, tor ole will he n clear end unequivocal expression ipulnr opinion against luni on the btihjvct. k is not popular with the House, and less h<> the people o( AlLany, and the surrounding and counties VY have scarcely had so Hilar a (inventor. Bosworth, from New York, leading conservative, is ut the head of the ' commuter upon the con-titntioii, and will t against the Admiral, who is also on that nilter Roswortli lias lost all confidence or log with the delegation. We ulinll do little his w int' r than t riile the Admiral'* convenptestion?rntteh fichutc j- "xpected pointments for New Vurk will likely be sent morrow; they w ol probably be?Mr Mr l ean, ml lor the last two y. ars in N*ew York, for tg tie; < liaths I'. li.ilv. Court ol Common ; Thomas Jellbi. <?n ."-inilli, l<r Marine Jvnlge; on Ward n, ('apt. Wahdell is the favorite; s the ' Mivr-rnor consiths w ith only such men irian ami Scott, it i- probably thai a Mr. Hull, dy holding office, will get it; McMurray, the representative, will li Master in Chancery, hofen/o B Bhepherd, laxuiinner in Chancery,;