Newspaper of The New York Herald, December 31, 1844, Page 1

Newspaper of The New York Herald dated December 31, 1844 Page 1
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THE NEW YORK HERALD. NEW YORK, TUESDAY MORNING, DECEMBER 31, 1844. *? ? ; A WARNING TO ABOLITION AGITATORS. Conviction* a?i<l Sentence* ofSevtral Persons In the tUTr.holdlng States, tot Aiding Slaves to Kscape. Skntkncc or the Rev. T. Tor*ey.? A very large number ot persona were in attendance at the City Court lor the purpwe of hearing sen tence pronounced upon the abo&e individuijl, was convicted during the recent term of Bdlumor City Court on three separate indictments.torper ?Uddmg, aiding and abetting in i^ducting slaves, the property ot Mr. Heckrotte, of thiii city. will be remembered that, -after the wnvwiion^i Torrey.a motion was made by hiscouniwel 11^ d of judgment and for a new trial, ^blTh :ut 0j n before the Court on Monday last The point o^n new trial, however, having besn abandoned, it was ouly contended for an iu ing-a very considerable crowd ol spectators being nlesentTn anticipation of hearing the great speech wh^h it wm reported Torrey would make-there wHHauite a disappointment in his uot appearing Hucoun'eJ w-ked permiwion of the Court, in obe dience to his (Torrey'a) request, that he might not be publicly sentenced, which wax granted. Torrey desires to remain in jail until Monday next, when the sentence will be privately an nounccd to him, and lie will be removed to the Pe nitentiury?Butt- Pat OPINION OF THE COURT. State va. Tonry ?It is certainly a general principle, that, vi here an i Baoce it created by Act ol AMembiy, it la safett to tollow tli ? very word! ot the act, but inch ttrlctnest i* not absolutely necessary. , ? It words of equivalent import and meaning are used, it hat always beau deemed sufficient, as the intention of the Legislature is as lully accomplished in the one case as in **Thc 'ff-uco intended to be punished by the act is cor rectly (I, fined in the several indictments, in strict confor mity to the law, but it has been objected that the words relatn K 10 the personal character of the accused have been omitted. and that he should havo been described in the word* cf the act as a/r?e peison. Tnlt, we think,has been fcuffl mutly done in tha inillctmenU by the usual and common designation of yeoman, a term which,in judicial procetdii (js.lius always meant fiee person, and is now used in that sense only when a tree white persan is the subject ol indictment. Free negroes, p rhaps, should be designated as tree negroes, as they are not entitled to all the iighta an.l privileges of freeman, and therefore not yeomen in the proper meaningof the word. It would,therefore,have been tautology to have used the words lte? person, where the word yeoman, meaning the same thlug, had already been u-ed, and tha charges in the indictments could ouly be sustained against a tree person. The u. wuni r in this case has been tried as a free man,and not been d? privrd of any privilege or right to which be was entitled under the law, by the substitution or use of the word " y? omd," instead ol " free person. With regtrd to the number of indictments?one for ?ach i live-it has been urged that there should have been bu: one inlictmeut, as it was only one offence?ell the negroes having gone off at the tame time. Analogies have been drawn trom cases ol laroeny, where many ar ticles htfVu been taken at one and the same time from the same person, in which case it is considered but one of fence, and, therefore, subjeot to only one indictment. But we see no resemblance between a case of larceny of dead cksMals, in the removal of which the tnief ia the sole agent, und the offences charged in these indictments; where the voluntary act of each slave, for himself, sepa rately fiom the reat, is necessary to the completion ol ihe offence, each must actually runaway, in consequence ol the previous illicit incitement of the adviser, and thus are constituted separate offences, for each of which an indict ment will properly lie. The act ol assembly, wo think, can have no other con struction. Its language is, " ih it if any fi ee person shall entice, persuade or asMS! any tlave or aervant, knowing him or her to be such, to run away from his or her law ful owner or possessor, and such slave or servant ?btt11 actually iuu away, auch person shall be liable to indict ment in the Couti'y Court of the county where such of fence h is been committed, or in the City Court of Balti more, it committed in the City of Baltimore, and upon conviction shall undtrgo a confinement in tke peniten tiary not exceeding six veart. The inducements held oet by the free persons to the slaves may be addressed to many at one time, and so tar areo. ly one act. and if the crime consisted enly in that act, it might be the subject of one indictment only ; but as the actual running away ia necessary to complete tne offance, and is a separate act of each slave, the indictment mutt b? considered as epara ely applicable to each who shall be inuueed to run away, and it therefore subjects the adviser to as many indictments as there may be slaves who may be influenced by it. . The aeverai motionain arrest of judgment, and tu any; for new trial are overruled. BtnTs.nce.-The following it the sentence On the 1st indictment, confinement in the Penitentiary frem Dec. 38:h. > 444, to -i 1 Ot April. 1847. On the 2d indictment, until 4 - of April, 1S??8. On the Id indictment, until ad April, 1851. Boston. [Correspondence the of Herald.] Boston, bee 27,1844. Ttu Botton Collector? Mureyrtunl?tton Lxfottd. JaMeh G. Bennett, Esq t? The Pitw York Herald, it ia couceded on all hands, ia eagerly Bought after by individuals ot ell parties, om affording the beat, earliest, and, gene rally speaking, the most correct information upon all Bubj'Cta of public intetest and importance. Such being its reputation, it follows as a matter ol courae, that its statements and opinions in refe rence either to individuals or partiee, a cerreeponding influence, favorable or otherwise, upon public sentiment. . Tneae remarks have been induced, co"??' out nee of observing in the Htrald of the 22d mat., uutJer t e h-ad ot ,4 Boston Correspondence, a moat uiiju.-t.finble, vulgar, and malicious attack, upon the otlicera of the custom, iu this city, and particularly upon the efficient and popular Collec tor, Lemuel Williams, Esq. In tin.article, he writer, alter having falsely stated, that all the officta in the district, Horn the sweeper in the Custom House, to the hu'best in the gilt of the fxiMMtiive, are lotted out," proceeds to his abusive tirad'' H?ainst theColhctor himself, wno is said to be "ah.ming in hie shoes;" and reureeeniing him he liavtrg men dfuouiiceu by Ihe democrats, as unjust, nm:d, and aeivile " Such, Mr. Editor, is a specimen ot the abuse of thin contemptible, ano 5ymoo. dribbler, who, .o gratify his own mal.g nantfeeliuga, und perhaps those of some few others Kkehin.B-.lf, ha. seen fit to vilify Mr. Williams The injustice of this attack, and the scandalous misrepresentations of his own conduct, as weU a? that of the democratic party towards the Collector, is both felt und expressed by every one having ac curate knowledge upon the aubject m c' Aud notwnh.tauding all this,you will allow me to assure the public, that a better, more efficient, or popular officer, can nowhere be found than the present C jIU ctor ol Bo.ton. His age, long expe rience lit the various duties pertaining to Ins offiand a <;lose and constant attention to those duties abundantly qualify him to diwharge faith fully and acceptably hia office of Collector. Nor is ne denounced by. the democracy. On the con trarv, it is known to the writer, that the d> moi ra tio party generally, mcluding moat, if uot alt, ot it. lending and prominent members, are .trougiy in hia favor, aud desire hi.continuance in ntoprs aeut Cfiice Tlieue are the lac's, Mr. Editor, and it is not in the power of your correspondent to disprove ilirm. AafceriioiiB to the coniraiy, to be surrt miiy be made: but mere a.seruone, without evidence to support them, aredcaerving ol but alight consi deration. . , . ? _ . Knowing too, as I do, the sense ol justice and liberality which have ever characterised your courae, as the conductor of a highly popular and iadepeiident jottinal, I rely upon it in this inatauce, and reapectiully ask ot you to give this contradic tion o I the calumnies and mmstafemenia ot your correspondent, a place in your columns. Justice. Trial and iMPairONMKNT or Boykr.?We un deratood yenterday, that some gentleman of tins place had made provision lor the employment ot an at torney , to proceed to Vuginia and endeavor to procure the r?l?ase ot Henry Boyer, reoently given up by Capt Rickeiton, and imprisoned on a char** ot aiding in the escape of a ugitive slave. It 1. too late, however, to do anytnii g of the kind now. Henry Boyer has bn?n tried and sentenced to lour yeart imprisonment in the Pentteu ttaty of Virginia?New Bedford Bulletin. A Horrible Ar?AiR.---The Rockingham (Va.) Begin, r ol a late dam contains ihe particulars of a hor rihie iffiir, coinniunicated to the editor by a gi ntleman ol veracity, which transpired in Rindolph county, in the western pert ot Virginia, in June, of the patt summer. Tho Reuiatei says dome three yeart ago, on Cheat Rl vir, iu Randolph county, Virginia, a man by the nameui Cair a man led man. formed an attachment for a gentle mm'* wile by this name ol Woottord. ThetW? agreed to run awiv together, and without delay ? xecuted their de sign Af<er ?n absence uf about eighteen molMhs they returned to the aame neighborhood in which they former ly l.ved, wl>er<* ll.ey rraided together about , igliUei mon lis, during which time they hail one child fh? > received many inn ais from tke neighbora, and trom ? h I followed |i is more than probable tn>--? threata wi re car Tied into ix.cutioD. One morning it was madekuowi that the h use occupied by? guilty pair and their chilli ha l been consumed by lira' in ? gemination of the pie nuaes, tha bones ef the chili! Ware lound in one corner ol the itouan, the bones of the mother were retting upon th< chaff tick, which was not eltogsther consumed by the Are, <nd the remains of the man wme lound in the mid dle bf tha room, his heart baing whole,and hia head teem ed to have been tovered from his body. His aae and i un ware laying by his tide, which indicated he had made rtiUuntt Vicksburg. | cerrM[<ondenca of the HtriU ] Vicksburg, Dec. 6, 1844 Politic* un^ Fathion in the &outh tViit -Ctltbra tion of a Victory?Froctution?Ball?Beautiful Ladiet. Dear Sir:? The activity of the canvass just closed has bo occupied niy time lor the laBt four months that I have scarcely had time to read, much less to con* tribute to, the interesting columns ol your valuable journal. So long as your paper predicted the chan ces ot eltction in favor of Mr. Clay, it was all light, and " Beuuett was the only independent ed itor in the coui.iry but when your experience and forreifht coufirmed you in the opinion that Mr. Polk wo?IJ b* wur next President, ahd you gave e*j*essio? to that opinion, then the tune was chawed, aad ??Bennett was bought up by the dem. crats;" at one jump youi became" a man de void ot principle, who would go for the side that paid you the largest wages. Tn? result ha* proved your sagacitf, and with all independent men your l>ai?-r maintains the high stand to which its cor rectnetv and impartiality justly entitle it. The campaign being over, the democrats seemed disposed to rest content with the victory they had achieved, and, from respect to the feelings ol their opponents, to lorbear any public demonstration o their joy. This forbearance, however, was not properly appreciated, and they then determined to have a procession and ball in honor ot the victory. The procession ceme off on the20tli ult and was indeed a splendid affair. At seven o clock, P. M the democracy met at the Hickoiy Pole, near the Court House, and headed by the trigate Constitu tion, commanded by Capt T. E. Robins, with Robert Balch for first Luff, moved to the resi dence ol the former gentleman, which is situated on one of ih? highest points of the ciiy. and which was magnificently illuminated. On the western front was exhibited a beautilnl transparency re presenting the rising sun ot democracy dissipating the clouds and togs of whiggery? in the centre was the glmious "striped burning,' with a motto, ?< i,B joids are ample to protect and shelter worship pers of every clime"?011 the other end stood " old Chapman" crowing loudly-on the south tront, facing the residence of the Hon. S. S_ Prentiss, was another transparency, filty-one teet by fitieen, representing a colossal rooster standing on the rock ot democracy looking intently at "that same old coon," who had taken water, and was seen swim ming towards Ashland, which appeared in the dis tance, dark and gloomy, us old Ashpole, vibrating in the breeze , over the view ot Ashland was the motto, *' Ashland we invade not." The proces sion lighted by a hundred pine torches and trans parencies innumerable, wound up the hill, and stopped at the tront entrance, sending up brilliant rockets amid the roar of cannon, and the cheers ol the multitude A " log cabin" (representing the whig principles) filled with combustible matter, was s-et fire to by a broadside from theConstitution, and was soon ascomple elv demolished as the par ty which it represented. The procession then de scended the hill, and under the direction ot Col A M Winn, chiel marshal, assisted by tourteen assistant marshals, each bearing the name ot a de mocratic State?inarched through the principal Ureeta to that quarter of the city known as Spring field ? there the scene was brilliant beyond descrip ion; this portion ot the city being terraced, was admirably adapted to give tfleel to the illumina tion: almost every house was illuminated trom cel lar to atlic, whilst those of Dr. Hanstord, Mr Searles, and Col Green, seemed a perfect pyramid ot fire The procession, among which were nu merous carriages filled with beatiful ladies, march ed on, amidst the cheers ot the citizens, and the ??miles and waving of handkerchiets ol the tair dames, to the head quarters at the Hickory Pole, and dispersed about twelve o'clock. The ball came ofl yesterday eveuing at the Pren tiss House, the whole of which edifice was en gaged for the occasion by the committee ot ar rangements. Howl wish your Ariel were present to describe the lovely scene ! The large bail-room was thrown open at nine o'clock for the reception of the guests, and was soon filled by the beau y and fashion of Vicksburg; while, mingling cheer lullv in the crowd, might be seen many of the sturdy sons ot toil and labor, who have heretotore been too frequently excluded from such assembla ges. Here indeed were those waose only crime (in tht. opinion ot some) was the absence of thote worldly gains which too often corrupt and degrade our better nature. The hardy mechanic, with his iodustriou? and pretty wile or daughter, mingled with th? fair lady whose wordly prosperity might have made her a more conspicuous leaderol fashion ?ll.t poor, the rich, the laborer and the lawyer, with their families, met in social intercourse, and enjoyed the happy hour, without condescension >a one bide, or a sense ot being patronised on the other. The ball room was taitilv arranged, and w?h decorated principally with large and cost y mirrors, which reflected back the gay and lovely acene?the committee of arrangements having, in consid ration of the many whigs who were invited, toibornc to put up aay emblem or device ot 11 cha racter likely to wouudtne feelings of the defeated. The chaste simpler -? characteristic of the democracy. Chapman s cele. urated band filled the orchestra, and poured lorth the most melodious harmony. At half past dancing commenced, and all present seemed to euter into it with a hearty good will. Among the ladies present, conspicuous for intelligence and beauty, were Mrs G. H-k-ns, Mrs. R. aud Mrs. y. , aud her uiece Miss C. G , who attract ed till by her surpassing beamy unci grace. M;m j u , the Misses L-?d. Mrs P and MrH d, the Misses H??n, e pecially Miss K. H , dressed in black (which showed I? great advantage, her lair lace and tunny curls) seemed to hold captive more than one bachelor, while Govenor B and sorne . of lui- statr were olten by her side ; her sister, Miss H H. attracted as large a crowd of admirers, quite as enthusiastic, but of tighter materials. The ladies' supper tables were lour in number, arranged in the form of a crow, " Saltier-wue"?and were filled with every delicacy and luxury, that Vicksburg or New Or leans could aflord. It was by lar the finest supper I have ever seen in Vicksburg, and the delicious viands were washed down by the richest cham paigne and other wines, in abundance. At twelve o'clock, the dancing recommenced, and continued uutil six o'clock in the morning, when the com pany dispersed well pleased with themselves, and Willi each other, and well pleased with the elec tion ol James K Polk ; which, it no other good How trom it, at least aflorded some hours ol un mixed joy to hundreds of our worthy citixena Baltimore. [Correspondence of the Herald ] Baltimore, Dec. 2tf, 1844. Chriitmnt and it? Fettivitiei - Matqutradt Farliet ?American Kepublicaniim ami its Protptclt? Amuiementi? Maryland Senator? Vague Suppo utiontof Correipondtnti? Improvementi, Ifc. Jamks G. Bknnktt, Esq.: Christmas has come, and, with all its joyous fes tivities, has passed. But it passed in a style truly commendable with the orderly inhabitants of our city?in a style truly censurable with those who are associated for no other purpose than to enact disturbances?distuib the quietude ot our city, and to involve themselves, as well as others, in dis graceful riots. The occasion was not marked by all those merry-making times of former years, when the whole family circle joined together to make, the occasion one of pleasure tnd joy?when no one was marked by the cold, formal indiffer ence of these days, but every one united to add pleasure to his friend's enjoyment. Times have changed, indeed, and " the march of lasliion and modern tom foolery" will, ere long, eraie from our mi rids the way to S[iend a happy Christmas, s rid compel us to observe all the unmeaning formality ol lashion, entailed upon us by the votaries ot " cold lashion." II oar people do not take strict care, such will be the case soon?never, 1 trust, however, in the " Monumental City." lhiru.g the forenoon many of our citizens attended places ot public worship?temperance meetings, aud other places of improvement. In the afternoon visiting was the general employment. In the evening the neiry-makiiig pari of the performances c?iue oil vlatquerade patties Were numerous, and seem to nave constituted the srincipal *pori ol a large por ton o| the sport-seeking people ol our city. All the thrown on ihings ot other dajs were called into rtquiaition, and fitted out in some uncouth gar ?neats, every one mixing indiscriminately with his unknown neighbor. A plsasaut amubement this may be to some, but I question if the many temales who are so bold and ready for fun under the cover ot a mask, would be willing to have it known that they constituted a portion ot such a party. A grand masked ball came off in the bouse of ooe of the first families ol our city on Christmas evening, and if ? are to judge from.the general character of these secret baliB in ht|h life, 1 woulu dislike to record the proceedings ol that evening. A pleasant aniusemeut it is certainly, to accompa ny eome one in a promenade, both masked, und each one not knowing whether his or her neighbor is a bird or not?whether white or black, lue world dues not know halt of what take? place in ?uch assemblies, and the most respectable lamilies in spite of iheir ignorance, encourage such haunts ol vice and debauchery This may be agreeable, as some say, aud is extensively patronized iu New Orleans; but may it not be owing to this very tact that so much vice characterizes mat city 1 we do hope that they will be continued uo longer aB plans of amusenient-ihat evety lemale, ol decent profes ion, will Irown upon audi muted and un known assemblies ; and thut the mule portion ot our cities will discountenance the scene ot so many quarrels and oulttrenks of passion. More hereafter about the consequences ol these masquerade parties. American Republican sin, ulias Nativemm, is making but slow speed in our city HWhen, at first, immediately succeeding the election, u paper was started here, devoted to the advocacy ol their prin ciple^ it Wds received with uuexj>ecied enthusiasm. The whig* had just been defeated, and bo iwcted and ureatthe shock they recrived, that they appeared willing to do anything to regain their loot hold. Naiiveism was the sttaw at which the drowning party caught, but it has only proved a temporary rescue It was, at first well received, but feeling h is bees gradually subsiding, until now, we can scarcely hear a word on the subject, even from its most ardent advocates. The wings ol the Union seem r< solved to stand by the old standard, and rally under the old name, leaving alluew-lang led doctrinea out of the case. Tney see the im possibility of bringing the subject in such a light before the people as o secure their approval, and .?ven its organs cannot find a subject upon which to discant unless it is to applaud its advocates in our national Legislature, or reiterate what has been 3aid over and over again, about the luce sity ol a change in the naturalization laws The Vlipptr has tssurned, at vou are aware, to advoca'e lis princi oiples?the Vititor takes antagonistic grounds. Our places o ainuaemeut are now well patroniz ed. Burton draws large houses, and the Museum is nightly crowded by the lovers of the dra ?tia. Mr Janue^cn takes his benefit to-night? a full house will testily their esteem of his merits. Iloliiday Street will be opened soon by another lessee, not by the one who proposed to open it on Christmas eve, and by whom many were dtsaii ?ointed, I presume, through the impossibility of ob taining the services of Mr. AHdersou in tune lor the occasion. The Fakir ol Ava is still here, and .as been well received by the citizens ol Balii more, since his commendable presents to the poor S >me of your correspondents serm pleased to ^cribble on the probable person who will till the present vacancy in the Senate ol ihe United States. They talk und write much, and yet are about as vvell acquainted with the real subject ol choice bv ihe Legislature as I am, and 1 know nothing at all. They may imagine that their correspondence on ;hat point is very weighty; and some may even ?suppose that their suggestion may influence the choice of the Legislature?bo I would judge from a recent letter Irom this city?I would say, let them be cool, and in a Bhort time we will all know, as our Legislature convenes on Monday next. Our city is improving very fast?many new building are now in the course ot erection. Houses and large stores of all descriptions seem to be going up last, hough the whig prints predicted such an awlul state of business, if perchance Mr. Polk should br elected. They now look ouwuti pleasure at the character of business, and find that all their pre dictions were falsified about the disasters to busi ness in such an event. Q Personal movements. The Cincinnati Enquirer announces the arrival iu that city of Mr. W. H Polk, brother of the President elect, who mloimed the editor that the latter would leave Columbia for Washington between the 1st and 10th of February.? vlr. W. H. Polk stated that he had visited Gen. Jackion within a few days, and found him quite feeble, being now unable to walk. The Senate ol North Carolina has expelled one of its nembers, Mr. Enne't. a Senator from Ownilow county, for presenting to the body a forged certificate of his own election. A rabid native, anti-Catholic paper, commenccd soro* month since, in Boston called the Jlmerican Republican, .ins bean discontinued for want of support. The Rev. John Patrick Dunn, the celebrated Pa?tor of St Philip de Neri Church, Southsark, left Philadelphia on Friday morning, to take the packet of the 1st Jawuary 'or Liverpool, on his wsy to his native land, Green tCrin," for the benefit of his heslth. Gov. Brown, of Mississippi, will bo renominated at the Convention to be atsembltu in June. Mr. Polk has promised ?o stop one or two days in Louisville, on his way to Wsshington, and flxos on the 1st to the 10th of February for the time ot his arrival in Louisville. Anson Jones, the President elect of Texas, denies that he is opposed to annexation. His letter to the National Vindicator, a Texas pa, or, sajs -.-"The charge that I am mmicttlto further negociation with the United for the re-annexation ol our couutry to that, is wholly without foundation in fact, and a base slander. ?>.. n. Gazelle of Saturday says Messrs. Burges aau Turner ffnv? u~ ? ?/-?? --?? but it waa of course of a strictly proleaaiouel character ve have heard it whispered, that Mr. Dorr expres.ed 'tiimell as disposed to be gratelul lor any effort which might be made to litwrate hiin, co . ? Irom whence it ntah?, and whether pmmisiug a lavorable result or not ite would not cf course expect to be responsible for ony .?citation ol his case not made under bis direction or in** Uri ctlon o' his ,mm*diate friends He desirei to be free, however, and an> effort made to accomplish such an end as fully appreciates and will applaud, whether they be .uccsssful or not. Woidsworth, the venerable poet, was present at the ?ecent anniver?ary ot the Cambridge Camden Society Oa his entrance all the member* rose and renuineil -.tandlug until the pretident had conducted the laureate o a seai and resumed the cbsir. 'theatricals, Ac. Ii appear*, after all, that the Seguins and Frai?r, are not getting on so well in Philadelphia with the "Bohe mian Girl." The Spiiit of the Timet ?ays :-"The opera is getting along pooily enough now at the Chesnut stieet ?heatre. The Bohemian Girl has beej to penurionsly gotten up at thit theatre that, notwithstanding ths paid lor?we mean the ? charged'-pulfs.iu many of the new?: papers, and their prodigioss untruths about it* auccess, -he public will not be d ceived into a beli. f of its excel lence We like Old Drury, snd rfgtvt to see tha' it has ulleri into such injudicious, poverty stricken, and parsi monious m.liagenieut." Anderson thn tragedian, wa? to appear last evening at '.he Holiday street theatre, Baltm.oie Miss Moore, the young lady of enormous proportions who created quite a sensation la?t winter, by enterisg be cM?e of wild bea-ta in R.ymoui's ra- nagsrie. accom panied b> Herr Driesbach, 1? engaged to dance at the Circus in New Orleans Mr. Marble I at two pspular London writers engaged jo the pro luution ot a bt ace of u?<v farces, in which his peculiar tsl-nts will he shown to the highest sdsantage l'he?e fsrcea will p'ove a rich treat, on his return home At a tale el theatrical property In London a share In 0event Oirden thsa rs, which originally co?t was r-old for l?? guineas, oue of similar value originally, in Drur) -lane. lor 100 guineas, and fifteen ?100 iuiucription ihares lor Ave guineas each. Sunday, Dec. 29, 1844. Mr. Kditob?Your remarks upon a late sermon of Mr Parker's,delivered in Boston, are unjust to the Unitarians They do not claim hioi as one ol iheir laith, and do not now exchange with him.? The congregation over which he premies, belong ed. before Mr. Parker was bom, to an association ; and it has been the eustom ol this association to furnish a lecture or sermon eveiy Thursday. Wlr. Parker was solicited some two yeais ago, 'o with draw from it, but he declined. His recent exposi tion of wnat he deems Christianity, must result in his expulsion, not only from the association, but the fellowship of the Unitarian c ergy. Having been an auditor of his on Thursday last, I am mov ed to ofier theft remarks, confident ot their truin. % 1> Appray and Loss or Lifk.?A young German, mimed Augustus Van Olahn, who kept a stone in Aiken, came to this city on Wednesday, from that place, and delivered himself up to the Mayor, lor the purpose oI undergoing an examination in relation to the ?hootlng n man named Augustus Stewart, on the night of the J4th instant. The particulara, an far as we can learn, were that Stewart on I a number of others had made sn asiatil on the a'ore ol Van Glabn on the night of the Ml. and were finally di.per-ed bv the lotnidant Wdpo-aeol Aik n. and ?n the niaht renewed the attack, ? h?n Van Olahn, in aell-delence Hied at Stewa t wi'h s double-baneled gun with Istsl eff?ct, ihe wounded nev. r iqie king sitrr receiving the shot, and he expired in a Bhort tlm* thereafter Van Olahn ?fl rrd to give himself up in A.k-n, but cogniiance was raiu-ed bv the luntlce, when he concluded to come to this city and ant. render himaelf.? Charletton Cowur, December 27. Trnt Weath** ? After two or three days ol ?tingingceld weather, it baa Anally moderated and vea terday we had a warm aummar'a rain. The rffact ot all these changes has been to give many of our cltixsnt colds, snd of the worst kind Yon can aearcely meet a person that is not complaining -N- 0. f'?; &*? J0 Common Coaucll. Uomn ok Au'ikidj* ? Last evening - Alderman 8chie( feliu in the chair. The minute* ot I tie last meeting were rea l and approved. The Office Huntm Rrmamtrance ?A message wu re ceived tiom tiM Houoi the Mayor. in answer to the remonstrance ol the American Republican Executive Committee ot '.he Second ward.agamsi bii not nominating lor officer* ot the new Police, ibe parson* they recom mended. Hit Honor replied that at the time he made the nomi nutiom he did io in the belief tint the) had been agreed upon by the gentlemen representing the various ward* in the Common < Council Alderman Ualk moved that the meaiage be referred to a committee. He went 011 to restate the grievance*ot hi* constituent*, and thought that a fair than* of tbe spoil* should be given to the voter* of the Second ward, it the bill went into effect, whioh h? still hoped would not be the case. Alderman Hasbrouck roue and expressed his rrgret thut the Common Council bad referred tbe matter to Hi" lien or the Mayor It won not a proper course to pursue, an 1 the Common Council bad no ugbt to call him to an ac count?it w is c 'mpromisiog the dignity of the Board, and was extremely discourteous. He hoped that il the message was relerred, it would bo relerrtd to the Alder men ol the Second uud Third wards. Phksioint?Is tint ameudmi-nt seconded? (A pause) Is the original motion seconded.' (Another pause.) Theie is no motion befo.e the Basrd. The paper is ordered on tile. Left have no Liverpool Poliit.?A communication was received from his Houoi the Majcr transmitting a letter from Col. Win H. Maxwell, stating that he had recently been to Liverpool, an l had obtained iulormatioii respect iog the police goveri.ment in Livetpuol and Oiaigow, which he desiod to present to the Common Council to aid them n constructing and carding out the police or ganization in this ci ; .

Alderman Dickinson?I've been a goin' to Liverpool for the last thiity years, sir; au' I know all about the po lice there, and dont want to know nothing more about it, an' I don't think we want Col. Maxwell to go to Liverpool an' stay eight or teu days, and then come back to tell us how te reg'iateourjpolice here; an' I think if we can't get up a police here without a goin'to Liverpool, we ought to ?but u, at onou. Seveinl| petitiou!> were presented and referred. Paymi(tht Doctor.?The bill ol Dr Wairan, phy*ician of the City Puson, for the sum ot (46, lor extiu *e vcea, pvrloroicd mi the watch house, wa. ullowed. Mod>it Heqnett Jjrnitd ? 1 he Committee ou Fin' nee presented a report to giant the petition of Wur J Pease for release liom tax, on tlie groui.d tuat he had embarked iu a business thai ought uot to be taxuJ.? Adopted The Croton Water Fret ? I'lie Committee on the Croton Aq ueduct presented a seport in relation to the modo ol collecting the Croton water tax, and ol luroishii-g the water Iree. Lsid on the table and oidered to lie pmted Paptri/> am the other Board ?All the put er* which Cume up iu tbe Board ol Assis.auts at their last meeting and there acted upon, were transmitted to this Board and re ceived a concurr nt action 7A# Pauper and Convict Voltrt ? Jlhutet in the Jtlmt Ihute - Tile Commhsioners of tba Alms House presented t voluminous repor' concerning the abuses existing here tofore at the Aims House, Penitentiary, Long Islacd Kaims uud City Prison The report stated, that it was susceptible of pioof that convicts had bem permitted to e?cape Irom the Penitentiary on the eve ot an election, on condition that thiy would vo<ecertain ticket* Also, that paupers from tbe Alms-Hou?e bad bten pel mitted to leave and vote. Also, that they have been permitted to manu ncture articles lor the officers out of (he public property, such a* cabinet lumltuie, clothing, and, in some case* elegant aud coltiy carriage* Also, that It bad beau the custom to admit great number* ol vifitors and least thein ?it the oltioers' tat>les Tbe report contains a great many ii her matter* The r< port was releried to a special com mittee, consisting ol Aid. Miller, Hasbrouck and Dickiu son, and ordered to b- printed, Retalulion - Aid HasBR'juok offere:l a rcsolu'ion to ?-nquire into the exptdiency of abolishing the vssistaut J< Court. Relet r<-d to a comnnttee. Several other resolutions weie offend and adopted. The Refithy - On motion ol Aid. ^iHitrrtLiN, the report ot tiie ?p? c>al committee with tbe ill alt ol an act 'ler ascertaining by piopir proofs the citizens who >h ill be entitled to the i ight of suffrage in the ciiy and county of Msw Voik," was taken Irom the toble 1'he art wut adopted section by section. The urt provide* lor the registry uf ihe name* ol ?ll voter* in the cit> . On the question of adopting the act by trie, Aid. Hasbrouck rose and spoke lor an hour Mid u bull in opposition to tl.e act, a, d then announced tb.'it he should take up the act | section by section in detail uud ducuss it at length. ' A mo'ion to n Ij uirn was ma le ud tost Aid. Haibkoilk then returned and several members absconded No quorum being present, the Board at 10 I o'clock stood adjourned. Boabd or Assistant*. - '1 his Board also held a special meeting last evening?W. Evkhukll, Esq., in the chair The minutes of the last meeting were re an and approved Petition! ? From inhabitants lor giading unit paving ?iti h street. From William Valentine for correction of tax. Invitation? From Independent Order of Kechabites ta attend festival to be held on 3d ol January?Accepted. Hep'irtt?Ail verse to remitting peisouai tax ol Mr. John Herd in an In favor ol releasing certain property situate in 4th street Irom a lien or assessment in 1834. then belonging to John Austin, the amount being (146 14. A resolution in favor of paying John Morrell (6 34 sccompanied this report, releasing these lots Irom assessment. Pttitionj Referred ?Of Joseph J. West, for relief from assessment. Ot sundry person* to have Henry Miner n munerated for personal mjuiies received in 104J, while acting as deputy Sheriff in the election. Communication from the Comptroller in relation to the sinking fund, wi'h accompanying re olutmn directing the Commissioner* to cancel (JM),OOU in (lock. Gambling Hour ft and Houses of III fame?Raffling fur Poultry ?Resolution iu lavor of tbe adoption oi on ordi nance to suppress Gambling, Raffling for Poultry and House* ol 111 Famo, and of applying to the Legislature lor the introduction ot a Bill to suppress the same? \dopted. ?r.V.' .7.1- fJ"VOr ?-f- "A^iSfn'Vfient'yTo^^^d life introduction ef a new law of tbe Legislature to improve the pres-nt system?Referred Paperi from the Hoard of Jthtejmen.? Ordinance in favor of an appropriation ol (i,i4l, to delray the expvnses ol ihe Boaid of Assi ssors? Concurred. Report in lavor of ?p|iroprating (lol 96 for public chool ix eiisesiu the FuUr.b Ward?i.onrurred in WaiHiigton Monument - Kvo uiion in favor of offering llsmilton, Bloomn g lain or Madison Nquate, to the com mittee of <heWa hington Monument As*ociation, atuho rising th?m to select either ot theao squares as a location f r the above monument. Referred to a special commit ten consisting of Messrs Charlick, Voorhis and Black itone. In favor of offering a reward of (100 for'he apprehension I tl.e person or persons who assaulted Nannie! McMinn, t<y throwing vitriol on him iu November l ist Concui red ill Pet'iiom referred ?Of William C. Bryant for correc tion if tax. Re|iort and resolution in tavcr of comnensiting Mr Miliigau, cleik mthe Commukiouer'* Oltice, tor pay lor extra services as Clnik Mr Charlick opposed the adoption of the Report snd II solution. '1 he extraordinary expense* already inc.ii ? ind by the new Board ought to deter them Irom p ssing such a resolution andteport. Mr. Hunrt moved Its nfurence to the Committeeco Charity an I Aims Lost Relerred to Committee on Applications for Office R**|,ott to pay Mick 0*kiey fjr certain claim* u|>on ihe Corporatio;., amounting to (37, fir woik duuo in IW1 Concurred iu. In lavor of altering the dote ol the resignation of Miln Parker Tbo Board then adjourned. B ard of Hupo vlaora 7 hi* Board met last evening i ursuant to adjournment, and have lurlher adjourned until Monday w et It. Common Pleat, B fjre Judge iugrahxm. Dkc 30 - - George Ormitan, v. Myl-t Murphy ? This wus an action ot trespass f?r an assault and bitter1 alleged to hive been committed on the person ol plaintiff, in a rencontre whicn took place ss follows - - It appeared that the psities i.i this iui' ire both printers, the plaintiff was lornman in the ftun offl e, mid ihe latter had been formerly in his cnipiojr Horn time in the month ol Oc'ober last dal*n<iaut came into tbe .Sun office and pn. sented a hill nhic'i, he alleged, the plain'iff, owed him On plaiotiff'adeuylog theiact,an angry altercation 'o?k place. Plaint IT several times peremp'orily oidered him to leave the plac , and on his refusal, as a last re source, plaintiff seiied hold of him by the shoulder and was proceeding to eject him when defendant sprung b-rk, got possession ol s pi-ce of wo id and st urk plain t IT ^ severe blow on the temple. It was put utif ir delence that th" defettdant received seveial severe blows from plaint ff and it was only in wIMllWW that he wrested the stick from plaint IT and tiiflic'ed a slight blow on hi* forehead. Verdict lor plaintiff (7ft Hobeit H Morris, lor plaint11) , E. 8 Perry fur ? ete. d 'n*. Mai I ,.s> ivui I. Before Judge hei man. Drc. 30 ?Temple Fay and IK Wilton vt Thomat Wynrt. I<i this cause an actiou was brought to recover atiout (99, contained in three checks ol which the defendant is alleged to be the acceptor. It appeared that plaintiff* are brokers In Wall street, and received these checks f .r money len . On their bi coming due, they were preieet ad at the hank, whera they were payable, but was told that defendant did not keep an account there. Said checks and some other important paper* not having been produced, the Cotirt order* d a nonsuit. ArrRAY ?At Columbia, La , h lew days since, an attack said to be entirely unprovoked, wa* made bv Dr. F.. R gm upon Dr. J. M B. Thomson, with a Bowis knife Dr. T wis very severely wounded, hut it is thought he may recover. Regan made hi* eacape. Tkadi i pthi Ksntwckv Kivsr. ? The new pack et on the Kentucky river I* opening quite a new ?ource ol business. We have learned a?me curious fac's respecting it. For example: thoo'her day a man on the Kantuckv liver askeil the boat to bring a smiil drove ot hogs or bim to the city It was done at IS cents a he?d The difference ol cost to him wa* equ il to a goo I profl' \ gentleman c*me here from the neighborhood ol L?i ington, and found that he could buy doom g. planed and grooved, lor the same price he was asked for tha tough stuff at Lexington. The saving in qttintlty would pay the freight, so that he would gain by buy ing them h r>\ In thla manner it ia that every now avenue oprns a new trade We hope and b*lie?a this packat will niska a pro flubla business of II. Court of Oyer and Terminer. belore Judge Kent, aud Aldermen Bunting tod Jackson. Dec. 30. ? Dtlini/uent Jwon ?seventeen Jururi were fiaeil (i6 each, lor uou aiteulancti A tales wtfe urileicd. MURUkR I'k IA L. William Armstrong was ibeu placed at the bar, ctisrg ed wi.h the willitl murder ol Jama* llatidsley, in July the ninth ward in thi* city, by stabbiug with a knife in the abdomen. M ? . PsTi.asoa. Ksq , UiatriCt Attorney, asked permis sion el the Court to be allowed to ask tile Jurors, ou b< ing i worn, whether they ent' i tamed uuy sctuples aa to find tig a rvidict 01 guilty, where death would be tli" p> nalty in case ot murder. dome ol the Juror* miawered affirma tively, and were exeuscd from serving Three were challenged peremptorily. T~o lollowiiig were then sworn:?Krancis Barrett,Wil liam Connor, John Power, Oooigo VV. Bogeit, Charles Rose, Luuh W. Holme*, Itusaeil Dart, Ueoige (Jreenley, Ctia.'l a Alption.e, Danii 1 Conuver, William L. Saunders, William Mi.nnun. The pnaoner wa* then arraigned. Hi is flow hii'd man ol rather n repulsive aapect -the betraying an expiesaioii ol strung passion and natural irrtiscibility ol ten.per?of about yeai* ol age. Ilia wile aat with him in the dock Ma. ataUd the case when the first witness waa called. (Jr.OKUK ^uttiic sworn, examined by Mr Paterson.?1 lived in July in 49 Bank Street , I know the nrisoner at tne bai ; he lived there in a basement in July iaat ; 1 knew Claidaiey the deceased ; be was a plasterer ; I saw him wrestling with the pnaoner on a Knday in Juiy ; Claudaley h id a pit Cv ol square weod in the Iront ul the rear atoop ; I was with him ; Armstrong came up Irom ih-'b semnit with a kuile and nshed at Cluudaley ; he 11 ing the kutlti . way ?alid hia wile Mrs. Amutrong took up the kniie ; Armstrong then seized Claudsley by the collar and Claudsley c.iu?ht him , Aruisuong called him a "Jamned pup," and laid he would light hi in ; Aim strung walked up and down and threatened revenge ; I all licit Armstrong also w hen they were together ; A man named Robinson drew Armstrong olf Claudsley , and Armstrong tneu said he waa a " damned pup " Aim strong then went into the house, an I biought out a Ituifj. I asked him il bo meant to stab ClB'.dsiey Clouds ley waa standing outside the aloep at thia time, and ha subsequently went into the house. He waa in the hall, and I observed hla pantaloons?they were nil bloody about the thign I thou went lor a Police Constable, and found Claudsley on the floor, 1) lug down. I -ub-equeht ly aaw the bidy, when he wa* dead Claudsley was about IS yema ul agu He Mas stout bull', but ol low sun lor hia age. 1 attacked Armstrong because he attacked inn. I did not ate the blow inflicted- 1 saw the lush. Crotfixamined by Mr. Whinwo ? 1 waa born in Saot laud and came to this country a ) ear ago last 8. p ember; I lived with Robinson ; be is a plasterer ; Armstrong is a laborer; Armstrong and Robinson aie not li lends The object ol putting oat the piece of wood waa to make a bed ot it for Kutiiuaon'a i hildien ; the board waa lying ?me eud on aoiiie buck* that were in the yuid, and the o'her on the stoop ; Armatroi g luahed into the yard ou Claudsley; I did not ?ee him . tab Claudaley j 1 struck Armstrong ou the head ; Mia. Aim.diotig came out of the house, and then look Ut> the knife ; Kobinaon came out while I waa engaged with Arm troug ; t lauJsley was down and Aimstrorig waa down; I hit the prisoner on the lace ; Robinson came out and took bold ol Armstrong also and Mra Atmationg caught Robinson ; Arm strong then aaid he would fight Robinson. This was luring the first row. The aecoud fight took place u hen vrinatrang threw a brickbat at Claudaley altei lie ( im strong) came out ol tne house, and I guts* Claudaley lushed at him accoidit g to the best of my recollec ion ; I now aay that it wua Aruiat.'ong that rushed at Claudsle) , I have a sliKht memory, and I think thut it was Aim strung that fiist lushed on Claudsley ; I interleied to de fend my neighbor ; Armstrong at the end said he would <o lor an officer; Mra. Annatroug waa crying ; Aim -trot g threaten! d revenge to me and Claudaley , be thi u went down the alley and aaid he wouli go foi au officer; Armatroug returned and I atruck him m the bead ; tins vas the third time ; Claudsley and I hit Aims rong thia time and he (Armstrong) huu the knife; I then sau the knife in hia hand ; he was standing with hit back to the coal house and recovered from the blow ; I<1? not know what tort ol a k'-ife it was; or whether it wus Claudsle) 'a It li fe or not ; Robinson livid on the first floor; I had difficulties Armstrong belore. ^Itirtct rt,umtd by Mr P?ncita<?s?Armstrong came l>ack the laat time in hia shirt, and threatened to flgtit* llobinaon. L)r. Wst W Join-The deceased Claudsley. nnterid ? be hoapitnl on lib July laat, and died on the HOth; 11 x ??mined the wounds: he had two wouuda on the abdo men over the lelt tin ?b; the intestine* protruded; the wounds were a little over an inch in size, aud were what aie called Incised wound*, such as are produced by a knife; the liver bad been wounded, bis death wascansid by mil immation ncrasioiHd I f these wounds; 1 infoimed him that hia wound* would occasion his death. / he de|>.i*nk>n mi t r deceaaed take-i hy Dr Raw?on on '.iVth July, was Leri- lrndere.1 in ?v?detice, and the Dr vas also pio4t*s<H - -mi tin stand, alter tome brief argu m #nta aa to it-' adm tfi y ?! the w Mleii de?*laration ? ken l y he Dr ah > M ? uniner ?! the county, Dr Raw on was eaaaiiiMHl I ae. t unmet ul therit); 1 held an anli morltm aaawm-'tiuu ol t lauJalej , Mr Ha>ke:t was l>tesent; this p. pei (here nabded In) ia a copy of the em imii.a ion ol C.audsley taken iw D Jones was aiso p es? nt;tbe pj|>er n> t tieing the original under the igiiature of witness, was not admitted; I took the evi dence ln<m hia own lips and put down what he aaid. The original declaration was here hindad in, and wit ness wat allowed to read it to refresh hi* memory. Mr. Whitish obiicted. Cauar overruled. Wit Pima.?Claudsley mid, ha believed ho wa* dying. The paper I h Id ia Claudsley'* dying declaration Crotn txaminrd? swore a juiy ihat sat round the bed He made no declaration ae to his condition belore he was i vorn I gave thecouniel for the prisoner, Mr. Ilaskett thu | rivilege of putting question*. I took down tho t-vi Unco, miking no distinction between the direct ui.d cross examination. Mr Pat >. a son here #lli rmed the document referred to it thu dying declaration of the deceased. Mr. Whitikii objected, aud contended that the p9pfr ?bowed ttiat deceaaed considered himself in ? dying con lition, grounding hia beliet on the oniniou ot othera and not ot ins own ; and, therelore, coul'l not be r.onsldmed a After some briel aigumeut lielwepn tne nrstrict auw noy and Mr Whi'iug, aa to the admiasibiiity of rucb an instrument as evidence ~ Tin.- CoriiT ml- d it out as a declaration in txtrrmii. Mr Jo.ssi II 1'Mii.i.iri testified to havi g been pr. aeM during the tinie Hie deposilion if deceased was being taken down, and lbs he wa* in a veiy languid conditio Mr. HsSkstt testified to the lac.t ol his having discon inu>dtli> cross^-x imination ol aictiaed in coiisequenci uf his astraine lu guor Mr I'stsrsois ih< n objected to the paper as * dept -itio: on tne groutid of the rrosi ex imli a'tun not being finish i<d. and therelore that it waa incomplete Disiil H Tunisia was present at the time of the tskmg ,t fie deposition, when the witness was in a ve.y languid '.oudition I know the prisoner, and 1 have seen him in ine pri-on and I take no particular interest in him Da Johsi recalled?I considered he gave hi* answers clearly. Dr. Kswsoi* rec>lled?Deceased appeared to compre hend the questions fsilly. Mr Whit imii then ri quired the objection for th, ilmisMon ul the di position , to be noted 1 hi ibjection w.ij. finally ovi i run*l by he Court, and thede lioaiuoii was tead, and contirnu d the testimony alread) adduced, with the laiportant addition that the wouudi ?vere inflicted by the prisoner. Mrs Hobiison was ihe.ti sworn and testified to having seen the . ffia\?that -Vrmstrotig came np and kick* d tin tmy. | sjW .vlr Rnbinson take hold of i.risoin r and hold hi in ; alter lie was releaaed, prisouer threw a hairiiin th? irection ol the parties, and said h-- did not want to flgh ? ith Uobinson. Prisoner nulled tfl his shirt, and threw biick ill the direction of the boy. Robinson h i I then ?folio into .tlie house ; he then a .mo out ei I ?ep-rated hem; he sftirwarda went to his owu house Pi sotiet ked Claudsliy to fi<bt him. w hich ho reliued Priaon.i aid he would have his iev?oge Claudsley waaatabdirg ii tht sloop with the pri*oner. I saw prisoner st'ik lotnlsley ; f then observed him have a kt tie in the h nut ne struck w th ; this was abuut ten or ti >e*u miuutu Iter bis departure whin he mule u-e of threats No blows ? eie given whil* walking Up and down the yard saw him strike only one blow. I think I sa>v the appesr ncnof mud where ( laudslev ? >s sltuck, which onix iminntion wa* found to he blood C.roti-txaminrH hy Mr. Wmitimo.- No ba<l feeling be ween mv husband and Armstrong existid? no contro ?ray while taking tea I said something to the bu i bout malt it g a noise. When Armstrong came up, I sen' ut my hit-band to prevent any quarreling No blow wasstitick until Rob nson went out R ibnison did not Ink" prisoner Armstrong took o# hi* shirt, having previously thrown a brick bat at the boy's head I h* rick went very near the boy's he*d; I cannot *ay whethei Vrmstrong was struck er not Robinson did uot at an) me hold Mts Arnwioig tl'd encoiiisge the Imys t< trike Armstrong After the brick w?s thrown Arm long went home 1 saw h.m take tin sxe f.i lie purpose of breaking thiotigh the stoop The *>o?s did not beat prisoner in the alley When he c*me back, no attack was made upon him Claudsley was and ng on the stnoii when Armstrong cams up to bin Did not go out belor.* my husband Never made any reats aa to how I would swear against Armstrong. D*. W Usages was sworn, and testified that he ex mi nod and dressed i landsley's w otinds after the row?they <l?peared to have besiii caused by a shaip instrument, pro hly hy a sammak> r's knlle Did not see Armt'tong Mr Robi?*oi was sworn, and testifi'-d?Jsmes ClBtids ey waa in rny e ? ploy ; I am a plasterer, and Claudsle) ived with me ; wa? in the house mn?t ol the time pi issm i and ? landsley were quarrelling, Claudsley and annth' I jy were drawing lines Upon a board on the stoop ; Arm rong came up, and on looking ant at a window I ssw irisoner throw a barrel, and seemed disposed to light ; I vent out and threstened to strike him, and pat th>- barrel nto my own room When I came out t1 e last time, thi ioy? were qnsrrel ing with Armstrong ; I asked ( latlds ey if he wa* stabbed, when he said he waa ; I immediiti sen' lor a constable an I also a suigeon to i x-imine th' rounds , I s*|iarat d ih<m while t'?) h-id the diffii till itioiit the hoard ; I s.iw prisoner g > Into his own In ti >? ; I lont rememher to I ave seen him take > ffhts shut ; bs> shirt on soon after I landsley *?? s'atib d ; dnt h> until theCoronn^i I queat whs hi Id on th* dy of deceased When I aski d tbe pii-on-r *tiy I was miking sa much noise, he said be was d slroos o nending bla shoe* ou tbe sto. p, and wanted tbe hoard In <t purpose. C siiMssnnsi.?Could not say thit the prisoner ww ox i B'ed at tne time ; I do not remember what I w-> ngagi-d in when asid transaction took place; went on' hen I heard the boys quarrelling; came in as soon as I ljuated their differences; that wa* the only in foremen! my going out; no person directed me to go out; bad ni conversation with hi* wife bufotegoing cuti wnen I want out on ibe (toop, and (aw Armstrong quarrelling, I told him 1 would put him into the barrel if ha did not remain q'liet,held Armttroeg'* wile when she had a brick bat Ik her potsei.ion, lor the purpoie of preventing Ler from thrown g it ut the ko)>. do not remember niter letting ,\1r?. Armstrong go, wbethi r I d;d not leleate Atratiiong liunithi) boys; ill ! not ?ee mat -Viuialioi g'a ijc. wire Uue or hit ?hirt toie oft arrnawoon KMion. The Court met at a o'clock. Mstiloa Stohk being aworn, testified?Heurd a noise, loi>kt d out to tee the caute: *aw Mr Armatrong and ho biusou in the yard; saw piltouer throw a barrel among 10iii? children 'hn? were nlay n g aroumlj taw him after wards walking about lh< yaid, 1 th< u noon alter aaw limi throw u brickbat at CluU-ialey'a bead) Rnhm?or weut out and caught hold of him to prevent an> firther lutuilmiicr; priaouer then w nt down and cvmoiwliced linking the noop und did not see anything elan until I tif'trd inut ' laudaley wan killed; did not tee Atmtttong have unythin^ in hia 1 and; when 1 went to t?e llie boy tni showed me hia wcundt, and while doing io the priao> her entered. Croat-?*??un?4-Did not sum them lighting; did aee Mi. Robu.aeu ae paianrig them; aaw Mra Aimaliongio thu yard; did not aee Mr. Kobinteu do anything to Mia. Armi.roiig J?i?e L< cawoon til ing aworn, teitilled- I Jived in tha tame houau w itn Mra Story ? heard a scotfle up the alley went up and taw Armationg in the yaid. I thu k he had on his ahirt. Prisoner waa quarrelling with the boya, and lifted a barrel arid threw it umong soma children. Armiirorg went to the back ol the yard Did ni t *ee who il rew the brick All thia was dona in about 10 or 10 mir u ea. 1 came out again?pritoner waa appunn'ly speaking to C.audsley, who did not appear to pay atten tion to whut he (aid. I'naoner then made a lush at and atruck t. lai.daiey. Could not euy how often ebe *ui struck I then went up lo;Cland?iey, and could temark a M'ot njM'ii hia aide wi.t-m ihe blow had been atruck. Cio?\ txammtd - Mr Armatroug appeared to be a very tine man when lie waa aotier ; but when be got in liquor li? appeared to be d< lunged. Did not lose Mgnt;of Lin. for ubove a aecond while 1 w hi iu the yard Did uot aee that the boy a had prisoner dow n in the i aid Did not tee him kaockad up against the cittern, when 1 looked up the alley, taw pn-ouer sti ike the boy. Saw ArmUnng?was not in the alley above two minute* until 1 aaw the boy ?truck. hihiH Wauuaoiv being aworu, testified?I live in the rear building in the house with Mr Aim-Moug, heaiu a diaiurbance in the yard; ?nw the boy on the ttoop with a i'Oaid; prisoner a?k*d ilie boy what he waa do.i.g. and -aid ne wouhl'nt allow hnn to aaw It ; an altercation ?irote be'wuen tbein,ainl Rotuiou ?? puiated then; he then torecfl hia nhirt and cffeiod to light. and aa no peiton w< iiId light, he put oil hit thin and wtnl into the house; >vhen he .-.aine into the yard about fineen minute* after; in patting through he told tha boy he would have hia re vtnge on turn, and thiew part of a brick bat at him; did not at e him approach the boy on the ttoop; taw the boy alter he waa stubbed keeping hit hacd upon hi* tide and -ayu.g ha bad been stabbed by the piitouer, and would consequently die Crust examined - Saw the boy a itiike the ptiaoner, and ?llto aa v jlie putoner return the ccmpliment; I do not know ol my own know i? dge win re the boy was (tabbed, I cannot tay who was sweating when the biick waa thrown. Mia being awom, t atifled ?I live at 49 Bank ?treat,laoand ttory, back ma. I (aw Mr. Armatrong .? tempi t ttrike a blow, which the boy eluded. I aaw 'hit cjrcuniktauoe Irnm my own window JtMit Anpihion b. iiik aworn, teatifled?I live at 61 B ink street ; I went up to tee tbu boy, and enti ring into ihe yard, I saw Mr*. Al Uitlioiig eudeavonng to peituuda pritoner to come in ? while I ?u in Mr Robinton's, I in ard ike two I oy t qtiai rein g w ilh Annetrong, who was i ndeavorlng to persuade iheui to fight, taying he aotl't u.ivr bis rt veime. Soon alter, I heard a loud cry, and on goiug to ascertain the cause, met Claudtley coining m iiom the atnop, boldii g hit hand upon hia groin, irom which the blond wat flowing, saying be had been atabted t<y ihe pinom r. Ciott .xnmintd ?I think it waft very near 7 o'cloi k when thin transaction took place him my fuimer knowie ige if the pn-onti, I kept* t ol the w ay, to tfcat I might not be cognizant ol any ocr.unei Ce might .ike place. I heald the llowt while I wat in Mra. Hoi w ion'* Tin evidence for thu piotecution here rettid. Thou. P. WitatM, (>eing aworn, teatifi. d?1 live in M B ulk street ; I kaw the two boy t ttriking Armstrong; i'.int any that Mr. Koh ntonstiuck him; my impreaaiou la that Mr. R ibinton had hold ol Mra Armstrong; whue I i ood I could eaaily perceive that the boy t had a bold ot prisoner; bit thlrt wui iff; he wai not then above a loot liorn the lenoe;cannot aay w hether Ihey struck bia head i.'.aiiitt the fence; Mr. Armstrong then went into ti.e > nid Home time alter I again looki d out and heard Mr Armitiong tay tlmt you have hurt me, and tometbing iiiout bav ii,g an ollicer to apprehi nd them;he then went town Ihe alley, with hi* face towards theaioopol hit own ootite; he then came hack into the yard, toward* tho > oop and at he wua coming up one ol the boy* made a eiptowmd, and I heard blowa pu** between hem, and the-, got prisoner panly down, aoon alter I 11 ir.l a tcreei hing; and soon olti r heaid a person cay that i l iu l'ley waa '..idly atubl>?d. t 'roifexitminrd.?I got out ou the top cf the root of my t?up, I wsa then | iiiily dressed ; allri 1 went in the Qrst mi- I wat about Ave or teu minutes in dresaing, when I ?ain leoked out and got up on the root ol the ataop It . it light at this time ; I heurd bnn tay he was butt and ut he would have tliein appr. bended; he likewise mut ?tied totnething which I could uot umlustand ; at tbi* nine 1 could not aee thet'oys(lrom the poeition I ttocd in; I could only see the Irout ol ihe aioop, although I conld ? e all the yard; should con aider the atoop aa terming part ot the yaid ; Irom the manner in which the boy >arie tb? step ol the ttoop, I thould think it waa hit iu ti iition to gi apple witli prisoner Mt? WsankK being sworn, testiflod ? 1 live next door ? the pritoner ; saw the two boy* ktrike Arnntiung and knock hia head against the lence ; I saw hiui take op a iick and tiitoiv it in the direction ol the boy* ; 1 taw :i?? prisoner walk dow n the alley , and I taw Mr* Arm rong walk down t'ie alley und wipe her hutband'* lace; tlto taw .Mr. Kubinton having a hold ol Mr* Aim toi g ; while Rohimon Lad a hold ol Mrs. Aimitinng Iioya were ttrikir g piitoner, and sinking hi* head i^mnm the fence. Cron > rumintd-The hoy i ultimately let him Op ; I did ot t.i ar piMoner uti ol any tlin n't to the Nik.k livtirn being two'ii teitiliid-l live in 411 lull ttreet ; I heard a noise on the *toop ; Mr Kobimeii ut rlered hi tween the hoy* and prriom r and took tha ltd irum ill m ; I *?w thu priaouei walking kb, ui the ? id appai4 ntly d.<.?atiefl'd ; I i*w thn two lioy* and prt ?uer, and blowk |>at*ed between parlies, hut the height Inr fence prevented in Irom teeing all their hoiliet; I ard a noiae iigairn it. appai enMy CiUtad by the pusk g ol the pri-Oiier'* head against llie lence ; I afterwanl* .a the *i uffle beiveeii the paitia* at the loot ol the nop ; I can't tay who commenced Ihe alTiay, but all tiree wen eng.g.d in it ; 1 could not .ay that Aim* t down iu hi,) psitof the afl'ray at the (loop ; thtrw ?d been quarrels betwieii the paities he lore ; prisoner'n i uitte* Wire very much tore ; could no. *ay if he m* ii tuned Croat rxuminri I ran tie th> whole ol the platform on ' ktoop; could not tee eteiy peia. u walking on the oop , lei ce alwu' fei i nigh , souid tee a man'* head iu wut A4 feet hign, il he whs Irom one to two leet om ti,< ttoop; heard llohiuaon thieaWned to put prison , 'k h< ad into h barn 1 Jiihi am i iomii beini{ tworn, teat fled -1 aaw ihe pri mer aliei lii> arrest ; part of hi* aim w.ia hruierd end is lace w as but kened , this w?? lour days alter the ac dent OCCUiretl. Rnaear MotHito?i being aworn, ItitiArd?I aaw him "? r the affray tovk place ; hit eye wat black, and the 'it i parti) hurl, to.. , thia was oil the night of ti e efTioy. lr It ail s hen g ?Worn, te-atilii il ? I raw him tli? ! tnday alter this oecuned ; hia face was hiuited, thu ?chid I ht hea.l cut, and hit at ns were alto bmlatd; I i?e kiie*n him tiM ? ih'ili , hia chatacteria good ; Very dua'iioui very kind lo hit wife and family . he hat not <>kt il tor the lo>* line y' ars ; hi* g< nt lai di.poa lion ad lemper aie d , ii?Vt I ht ard I ny violent tamper / navi tny d.tli ultits in < t B?rquenct. Cra$?t*mmint4. He is a temperute man ; havo *e. n '?dims; nis tempt r i* calm inaugh when under the fltiei ceol Ii uoi .Vlr H'saa being awo'n.'et'ified ? When prisoner wotk ? "i au, he waa alway ? vei y q h t C't nt namxnti I am the owner of th"te huildingt in i;>k atieel ; I tnirik a person anting where Elijah But t waa *|t111 n coultl tee nothing but tha stoop ; f Would it cell him an intemperate man ; he could dnuk ore*, i Billy. Ji hi Yot'itii being twoin, testified? I know prisoner feive y ears; I ntvti found him intoxicated; he u a veiy dntti tout man. Mr lltneaion was recalled by the prisoner's counsel;, nice aj i him in violent altercation with axother jatiy ot don't kudw w ho w aa in lault. Mr. Muaaniitr recalled Never heard ol hi* being of a ; iaireliomt dikpoaition, he i* an mduatiioua man The twnimoii) hire closed. Mr. M iuri!)'i brrtfly rummed tip, detailing the gent ral ractei 11 the row, which originated so as to rau-e the fliclioi. ol the wound which lataliy rentil'rd in the .eh t f the deceased, contending that It wa* a Jut lAabie i imioide Mr. rATtatoia replied, commenting npon the ttiree ? .me liranohet ol thecaae, in which u sppeared fiom e t vtdencc ih. re were three distiuct rowt. Af.urtomt brief at Kument, Mi. Tarsaio* summed up, coLflnirg himself to tha ?re technical pointa in relation to ihe character ol the .mi' i te vir W hit mo brli fly replied, w hen? I'he Cot av chatgtd. dt Unit K the legal character of . ui d? r, homicide, and mat slaughter in it a four varmn* grit-*, the pit et nt can ci rnn k within the thiid degree law, in the np.nion ol the i cart Hit i onor then wen t rough the evidence introduce i toiuitain It, andcim. ?nted no ii* general character ; and alterwards charged it il the Jmy thought he committui the act with the ? mrdtiiilri i .tentmn ol k liiiig Claudtley. then the juiy nt hnng in the pii?oner a* guilty ol muiiler HI* nor t en rt nd tin dying t'eclaratioii of the deceased ** i the testimony ot h> other hny, Nutue, who wa* be ? htm wli> n the act wa* committed, and aft r * lew ii ral leu,ark> nil the ge neral lealure* ol the ca*e, lelt in ihe haie a ol tin Jury , who retired The liny found thu piitoner guiliy of mantlaugliter in (All'ld'grte P|? t?|?e Ht'hltetl . Iiditily on the delivery ol the finding, en tin prwener wlthdiew in custody at II o' k VI r Ht akett i X .mined all the w it net si * for the d? lence the direct Dal.IA Wihtih CniVICTFD ?Thr Louitri/lt tmrur (if D cember 24, naye " We le.irn In m xington that the Jury in the c.ate ol Ihe Common ealth v* Deli* Wt bster, returned a verdict ot guilty. ? d two V'*r* imprisonment in tlie P; hiietiltary lie . lalof Fan hank wa* to commence yeiietday No ooutt aa* tutartaiued ol hi* conviction.