Newspaper of The New York Herald, March 27, 1845, Page 1

Newspaper of The New York Herald dated March 27, 1845 Page 1
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? jr ??v'>vr?tK>.>, THE NEW YORK HERALD. Vol. XI.. Ho. W.WI10H Ho. KMT. NEW YORK. THURSDAY MORNING. MARCH 27, 1845. Prkeo Two Con to. Trial of Rev. Joy H. Fair child, On the Charge of Adultery with Mil* Rhode Davidson. [From the Bo*ton Time*, Mtroh 34.] Commonwxai.th vs. Jot H. Fai*child.?This case came on tor trial yesterday morning, at ten o'clock. I?s general character has long been known to the public, and has been discussed in almost every city, hamlet and fireside of ths country ? The indictment charges the defendant with com mitting the crime of adultery, on the 19th day of December, 1841, with ona Rhoda Davidson, for merly a resident of Boston, and an inmate and ser vant in the family of Mr. Fairchild. The bill was fottnd at the July tenn ol this court, 1844, and from that time until the 15th of February last, the defendant was residing in Exster, New Hamp shire, out of this jurisdiction. It is now under stood that Governor Vriggs refused at first to Rrant any requisition for the arrest of Mr. Fairchild in New Hampshire, but was prevailed upon to do so subsequently, by reason ol soma urgent solicita tion on the part of certain persons, but not at (he especial instigation, ns wa learn, of the prosecu tion. This) requisition on the Governor of New Hamp shire, was ti.it successful, and Governor Steele de clined to give him up. Subsequently, Mr Fair child, having become ready for the trial, and the public excitement having somewhat subsided, left Exeter, and voluntarily repaired to this city lor the purpose of giving himself up, and meeting the pro secution. He did so ou the 15th of February last, pleaded Not Guilty, and, with several friends, among the most wsnltby and estimable of our ci tizeus, gave bail in the sum of 91000 for h:t ap pearance at the present (arm. He puts himself on trial now in a legal manner, to be passed upon by legal evidence, under tha aanction of judioial pro ceedings, and not loosely and informally, as in the case of the ecclesiastical eouneilat Exeter last summer, where not only legal evidence was ad mitted, but heresay evidence, and every other species of evidence that ever waa heard of in a ci vilized community, or among the barbarous nations of antiquity. Whatever may be the result of the present trial, Mr. Fairchild and the publio are alike bound to abide the issue. He is to be tried in the only man ner that is pointed out by the constitution end laws of the State, and whatevar may ba the result, all good < itizenH are alike called UDon to conform their opinio- - to the behests ef legal justice. A crimi nal i to go unpunished, neither are the reputa tion , rights and feelings of a citizen to be trampled uooii tmd set at naught without adequate cause and full and conclusive evidence. Ou the opeuing of the Court there was a grand rush of the multitude, and soon every chair, nook, corner and standing place were oceupied The clergy were well represented, as also the ladies of our good community. In fins & representative might be found from "all sorts and conditions of men," and many more would have been pleased to represent more fully the circle of society pro vided they had been able to Besure an entrance into the Court room Mrs. Fairchild was present in court?a model of a good looking and dignified lady. Every accommodation was provided in Court for the press, the witnesses, members 6f the bar and the people generally. At a quarter past 19 o'clock tha trial com menced. S. D Parker, Esq. appeared tor the government, and Wm. Brigham. Esq. baa been associated in preparing the evidence for the government.? Jud-'e Warren and J. A. Bolles, Esq. far the de fendant. At 20 minutes to 11 o'clock, Mr. Parker com menced his opening to the jury, and spoke half an hour Khoda Davidson was first called as a witness. She is a young, rather good looking girl of 23 years of age, with a light complexion, brown hair, and a low forehead. The other witnesses were order ed to retire from the Court House, so as to sepa rate them from Miss Davidson. She was sworn and testified as follows t? 1 know the Rev. Mr. Fairchild?have known him since April 1840; I knew him first on Broad way in 8outh Boston, and commenced living with him that year; I went there first tofsee if he wanted u girl at the request of Mr. Thacher; I think I w<iiit there in May; I lived there till the spring of 1841; nothing particular occurred there tor some mouths, only Mr F. showed me more favors than other gentlemen in whose families I had lived; I did not suspect any thing improper till he came to my room, about three months from the time that I tame; Mrs.Fairehild was than absent from home; about a week after her departure, I went to the Baptist meeting and returned; Mr. F. was sitting in the parlor and wanted me to come in, as he wished to have a talk with me; he first conversed about the meeting, how I liked it, how old I was, and wanted me to give him an account of my reli gious experience; 1 gave him mv account, and he said he was pleased to see that 1 gave so good evi dence of my being a christian; after some talk, I gave him my reason for becoming a baptist, and he said he wae glad that he and Mrs. F. had been so iortunate as to get a good girl; he was pleased that I got along so well with his wife, and said she was mightily takeu with me; they never had so good a girl as 1 was He said I could get along with his * ife well enough if I let her nave her way, al though 1 might be obliged toatretchmy conscience some times; he then said, perhaps I might think it strange that he took so much interest in me, and that be would explain himself by and bye; he then suid that he fell more interest in me, or different towards me, because I resembled, or was the image of the young lady whom he addressed or had regards for, when a young man, gnd be fore marriage. (Laughter in Court ) He never had seen any one, he said, who looked so much like this young lady as myself; I was con founded to hear such remarks ; he wsnt on to state, that this lady was sick about a fortnight before she died, and that he never thought he could marry any one that did not look like her; he had seen such an one onee in a church in Philadelphia, and', followed her after church, out found she was married, and then felt very bad? (laughter;) he said he had married his first wife because other people got married?he then spoke of bis present wife; he said she was a veiy amiable woman at times, and had known her only a fort night btiore he married her : if he had been more acquainted with her he'ahould never have had her; she was Very good where she took, but when she was miffed, she was the most aggravating woman that he ever saw. He then spoke about my course which 1 was to pursue with her ; he aaid, you see thai 1 place great confidence in you, or I should net tell you this. He told me never to tell of these things, for they might ruin him. He then stated the circumstances of a minister who had confided in a girl, who told of it. and it ruined him. I was sitting on the seia, and he came up and kissed me. I a-ked him what he thought his wife would say. He said it was just as well, and she was just as happy as long as she knew nothing about it Said he, how should I feel, if I knew all that my wife dul when she was absent I was sitting in a rock ing chair first, and he wanted me to sit in hia lap. 1 declined, and then sat on the sofa where he kiss ed me. He pat his arms around my neck when he did eo. I did not stay but a little while after this. Just as I was going out, he came to me, and said lie loved ine to distraetion?and hugged me very tight.?(Laughter.) No other person was in tbe house. I left the room ts retire for the night, and went to bed immediately; I alept in the attic; it wan on the roof. I thought of all these things, and if it had been any body but Mr. Fairchild, 1 should have suspected evil, but I did not, as I al ways regarded him as a good, pious, devoted, and exemplary man?a chriatiao. I thought Mr. Fair child's reason for making love to me, however, was not a good one. There was no fastening on th-' door, or only part of one. It was not fasened that uight. I went to sleep, and at last I waked up, and saw Mr F. standing by my bed. 8aid he, did you know, Rhoda, that it had been raining 1 My window was open, and he said it was very im prudent for me to sleep with my attie window open, and said he had shnt it, as also some of the other windows. He then lay down on the outside of my bed ; I got under the clothes; I had no light in tbe room. He tried to get my head uncovered, but did not make much headway. He said I should stifle, and if I would not uncover my head, he should go down. Mr. F. then left the room ? I had r? quested him to go away before. In about a week, I alept below for a reason that 1 am not prepared to mention, or that I cannot account for. It whs the L. part of the house, in the second story, and connected with the nnrsery. It was a bright moonlight night ; he was in hia night clothes, and lay down on the outside of my bed. I was then asleep, and I don't know whether he laid down when he first came in. No one else was in the room First I heard was, "Chick, are you asleep," (Laughter.) I asked him what he was there for. He said h?- liked me so wsll, he could not keep away Irom me. I said I feared he had come for no good purpose; he wanted to know if he might not get into bed. 1 asked him if he wanted my bed?if he did, 1 would sleep in another rou n; he said it was rather skilly here,sad asked i he might not get into bed; he said he would not harm me, for he loved me too well. I then per ceived the bed clothes raised, and |Mr. F. getting into bed. I tried to get out, but he took holtf of me and asked where I was going; he said he felt no different towards me. than it I had been his lawful wife, and that there was no harm in his getting into iny bed; that it was right in the sight of God that he should f?el so; he mani fested then some very improper conduct with me ; 1 said rather than do anyihing like this, I had rather he would cut my throat.? He said he wished to do no harm, and would as soon cut his own throat as to cut mine; he then asked if I diu not think Dtvtd was a good man, aud said thai he had more :han one wife ; it was right in the sight of God that he should have more than one wife as ii was for David; that God look ed upon the laws of all countries as nou-es^ential, that he looked upon the heart, and that must be right; all he required in marriage was love ; I n.-k ed Mr. F. if God had not said that every man snould have his owu wife; he said God had not said so, but Paul had said so; Mr. F. said a great deal to convince me that it was right for him to have connection with me ; he said a good deal, and then compelled me to yield to his bear designs against my will; I made no outcry, for fear that 1 should disturb thefneighbors, and because 1 felt that he was a good man, and the ne ighbors would think th it he was a bad man ; for this I was willing to suffer this loss of my character; he had connexion with me, anil left before daylight; it was near morning: 1 fell to weeping after this act, and he said he aid not believe there was one girl in five hundred,|of my years, that had not had connection with a man ; there were thousands like me, and 1 must not consider myself any worse for this: I told him I was disgraced in the eyes of the world, that 1 had heard that a guilty woman showed this guilt in her countenance, and that I should be no more respected by the respectable; Mr. F. laughed at this, and asked where I got this idea; said there was nothing in it; he laughed in the morning, and asked me to look in the glass to see ii I looked different; en the next day I thought a good deal about the matter, and if I was not treated just so, I would not stay there ; but I thought if I left peo ple would think g range of it and Be suspicious of him, so I stayed; nothing special occurred till 4 or 5 weeks, when Mrs F. returned from her journey ; before this he had intercourse with me once or more, besides; he was very successful in accom plishing his base design, although it was always against my will; afler Mrs. F. returned she treated me kindly, and was pleased to see every thing in so good order; she made me a present; afterwards she came down into the kitchen, was disnltased about something and made complaint; but 1 re membered what Mr. F. had said, aud did not mind it; I always tried to do what she told me ; I felt very unhappy about these things, and told Mr. F. so, and said I wanted to go away; he told me to I;o up stairs and pray over it; I then thought, as I ikea my work and wages, I would stay; I stayed till the spring; this was the first part of the winter; I felt unpleasant about staying on account of Mrs. F., and told Mr. F. so: I wanted a new cloak, but had no money to get it, and told Mr. F. if I was in the city 1 could get 91 60 per week: I got $1 25 at Mr. Fairchild's; he and she talked together about it, and after a while he wanted to see me in his study. I told him I was going away ; be asked why; 1 mentioned about his wife, and he asked if I expected to get more wages; I told him that I did, and that I had had more ; be said, you want more money to get a cloak 1" I said I did; he then offered me #1 60 per week, and agreed to advance me $10 tofget a cloak; he said his wife did not want me to go away, and that she liked me better than any one she had ever had; I concluded to take the 910 and 91 60, land get a cloak and stay a little longer; I did so; I and Mrs. F. had frequent difficulties after; I got a cloak; in the spring of 1841, Mrs. F. talked of being absent about three mouths; I desired to get a milliner's place, it I could get one so as to pay my board; Mrs. F. wanted me to come there, when she came back, and was willing to give me three months boara; when she went I had got a dress cut but not made. She said 1 might stay a few days alter she left, and then finish my dress; she then asked her husband about it; she said he objected, because he should have to go to market: I thought this was a very trifliag reason, alter all his professions ot love to me, and! resented it; I don't know what was said further, but recollect being there afterwards, and finishing my dress; Mrs. Cooper came there to wash, but no one lived there but myself and Mr. P.; 1 was then introduced to Mrs. Usher, who kept a boarding house at South Boston, and had a conversation with her about working for my board there while I learned my trade; after this, is May, 1 left, and spent some time among my relations in the city, Mrs. Kelly, Mrs. Hoit, dec. In June 1 went to Brooklyn:! went to Mr. Shaler'sin Brook lyn; he said he believed Mr. Loker wanted a girl; I went there and stayed till September or October; when at Mm Loker's Mr. F. came out, and want ed me to go back there and Jive; he said they had an Irish girl there, but did not like her; I declined going back, as I had lived so unpleasantly there be fore; I did go at last and said that I would stay till they got a girl that they did like; I stayed with Mr F. five or six weeks; I was islicited by Mr. F. one or more times, and wanted to leave. When he went to the city, I asked him about getting a girl, as 1 did not like to stay; I put on a long lace, and ap peared to be affronted, but 1 was not angry; I told him if he did not get one I should leave soon; he got an Irish girl that had lived with Dearon Love joy; when I left there it was almost dark, and I don't remember where I went that night, whether to Mrs. Usher's or to Mrs. Kelly's; afterwards. I think I went to my cousin's, Mrs. Hoit, and paid my board for three weeks by work, See.; this was in West Centre street; I wanted to get a place again, and went to Mrs. Green's corntr of Derne street; then I went to Mrs. Wood's in Chamber street; I then returned to my cousin's Mrs. Hoit.? I heard then of Deacon Tenny, of Salem, that he wanted a girl, and that it was a good place; I inquired about it, and found that they wanted a stronger girl. 1 next heard of Doctor Chapin's of Abingtou, and also that they had been missionaries to the Sandwich Islands, good pious folks, and concluded that it would be a good place for me ; I went to Dr. Chapin's about the first of January 1942; after a while I thought I would go to Mrs. Fairchild's, and make a trieudly call, thinking that she had got over her unfriendly feelings; I also thought 1 would tell her I was going to Abiiigton I thought, on going there, that Mr. F. might solicit me, and determined in my mind that I wonld resist him with all my strength ; Mr F. came to the door; I asked for Mrs. F.; he said she was absent, and asked me to go up in his study ; I had considerable confidence in myself, and went up there; he asked me to take oh my shawl and bonnet, and stay till she returned; I told hiin I did not intend to stop; 1 don't recollect the conversation much, but he was sitting beside me on the sofa, took off my things and induced me to stay; he then began to manifest some improper things towards me, hut I told him he should never have his will of me again, it it was in mf power to resist hint; he finally succeeded in accomplishing his designs; before this, 1 had got away from him, and as far as the outside door; I had left my things behind, and sat down and cried; he came down and expressed his regret; he did not want me to go off in this way; I supposed that the affair was all over, and went back to the study to get my things; I had not been there bnt a little while be fore he conducted aa he did before, and succeeded in accomplishing his design; Mr. F. wanted to know when I was to call again; I said 1 didn't know, as I was going aoon to Ahington; > went in about a week; I lived next at Mr. Water ston'a, and stayed there a fortnight; I next went to Kdgeanmb, Maine, my home; after about three weeks I found that I was with chih the child was born on the 18th day of Septemb , 1842; be fore I went home I saw Mr. Fairchild; on return ing from Abtngton, I went to Mrs. Kelly's, in Por ter street, and also to Mrs. Hoit; 1 had taken a eold on returning from Abington, ai 1 feeling un well, traced my sickness to this; also went to Mrs. Greene's, in Derne street: I g t some medi cine of Mrs. wheeler, which 1 thr w away at the request ot Mrs.Wateraton.when 1 w,8 staying there; I saw Mr.Fairchild once alter returning from Abing ton, having gone over there on account of teeling aome doubts about my situation; this was on Sun day; Mr. F. appeared to be glad to see me: Mrs. F. came and saw me also; this was in tne nurse ry; he asked me how i had been since I left; I mid that I had not been well, and had been taking medicine all winter. This was said to give him an idea about my situation. He got up and looked sideways at me, evidently deairnus that 1 should my nothing more about it then. Mrs. F. in vited me to dinner. Afterwards my sister, Mrs Esty, came to Rev. Mr. Wateraton's, and said il I was a married woman, ahe should think something was the matter with me. Thiawaa after my con vermtioa with Dr. Channing, and after I had ta ken the medicine. After much persuasion and much fear, I told my sister of it. She asked me who it was. I said he was a man of high stand nig, and that it would ruin him to have it disclos ed. After a while ahe gueased that it was Mr Fairchild, and I mid that it was him. She gave me no panes till 1 told her. She then told mt to go directly to tenth Boston, ud too Mr. F. about it. I got leave of Mrs. Waterston to go out, say { ing that my sister was going out of town soon, and that she wanted me to go out with her. I went that afternoon to Mr. Fairchild, and began to relate the matter to him. Said he, don't talk so loud, for my wife ia in the study, and will hear you. He theu said thid was no place to talk, and asked me to go ? over the old bridge, and he would see me. I went i out and met him on the aid bridge. He asked me ; what 1 meant, and st-.td what I leared was the case could not be the case; and I knew that he would ; not do such things, lie offered to give me $200, and wanted me to go home and say nothing about , it to Dr Chditning, or any one else. He asked if j my sister was a Universalis!, und what she would ; do. He then agreed to meet me and my aiaier on , the Common, at Park street Mall, that tveiling, at , a quarter belore or ? quarter past 8. I told my sif ter, and she agreed to go. We saw Mr. K. iliere. ; He was alone, and we were alone. We all walk- j ed to the large tree near the Frog Pond, and then towardsBelknap street. The conversation was nd drefsrd chiefly to my sister. He said to her when we first met,I ant sorry, Mrs. E, to meet you on Htirli on occasion. He went on to say that what 1 bad told was true. He said he was very sorry, and hoptd Gad had forgiven him. He told my sisttr when 1 called at his house, hut 1 don't recollect t He said he thought 1 could not he in this situation, and hoped 1 was uot. It 1 was, I never should want for anything, and he would rather stint him self of his lea and coflee. He said the devil had influenced him to do what he had done, and hoped he would be lorgiven of God. He was willing to aid me, but he wanted it kept a profound secret.? For the the sake ol the cause of Christ, and his dear wife and children, he hoped it would be kept still. He said he was going to give me $100.? 1 then said, what excuse can I make to Mrs. Wa terston for going home, as she knows I have no money. Mr. F. said, 1 can give the money to your Bister and she can give it to you, and then you can say so to Mrs. W. He then said, "You so lemnly swear, belore God, that you will never di vulge this, and I hope you will improve the first opportunity to go home." He agreed to give my sister $10 a year, and me $90 a year, provided I was in this situation. 1 was to receive the money through the nost office, and in October. I think this was on Friday night, because the next day was Saturday. I didn't know how much Mi. F. gave my sister. I received $100, and as 1 learned after wurds, he gave my sister $5 I gave her $10 in addition. 1 did not see Mr. F. the next day. 1 went to Edgecomb, I believe,the next Friday night, in the John W. Richmond. The hour of two having arrived, the examina tion waspoatponed till halt past three o'clock. Later from Turk's Island.?We have received papers of the date of March 5, per the b&tque Re form. The following are the only piecea of infor mation of any consideration:? Captain Fritb, of the Anne Mathew, of these Island*, reports that an Saturday, 15th February, before sunset, he saw from a hill on the N. W. Point of the Caioos, a long black full rigged brig, apparently in cbase of a schooner steering westerly; that the next day, Sunday, whilst run ning to Mayguana, in the A. M., he saw the same brig ly ing to in the passage. She chased him, a* soon|aa disco vered, until night, and when nearly up to the land. On the following day, Menday, he saw her again from the reef harbor, lying to, and seemingly waiting for a schoon jht, am" er then in light, and coming Irom the aouth. She was subsequently seen by the inhabitants; at Caicos. in the passage near West Caicos. He farther reports that the people on shore assert that a suspicious looking three masted schooner had been recently cruising for more than a week between Mayguana and the Caicos. We are informed there are aboat 184,000 bushels salt on handij?eUimr at ty cent*. In about three weeks there will to ccujjmjer'ibly more raked, if good salt weather con tinddUKta -ponds are in an excellent progressive state. The Rneoner " F.urates," oi Boston, was at St. Thomaa waiting freight Mann's equestrian company were in St. John's, P R. on the -J8th of last month. They had suffered a little in their (ravels ; for the previous five days the company had been able only to obtain one pint oi water each. Nkws from tuk North.?Livingston <fc Co. have sent us the annexed intelligence. Albany, March 35, 1846. The Speaker announced three select committees this morning. On Mr. Craln's bill to effect constitutional reform: Messts. Grain, Wheeler, Bailey, Ssger, Comstock, Mc Key, Pierce and Bowen. On the bill to repress licentiousness: Messrs. J. Young, Comstock, Harris, Morrison, Dsnforth. On the resolutions relating to Thomas W Dorr: Messrs. McKey, Wheeler,Morris, Sager, Hazeitine, L. H. Brown, McCarthy and Bush. We have at last got a report upon the Albany Bridge The majority of the committee repjrt against the bridge and the minority in its favor, with, by leave, a bill. This bill Mr. Harris moved to make the special order for Fri day at 4 P M. Mr. Van Schoonhoven opposed the mo rion. Mr. Hannum moved to postpone the consideration of the bill to April 10th. The House refused and adopted Mr. Harris's motion; so the bill will be taken up in com mittee on Friday at 4 P. M. The bill to incorporate the Brooklyn City Hospital? also the bill to revise and amend the charter of the Lake Champlain and Ogdensburgh railway?were read and passed tn-day in the House Mr. Wheeler offered a resolution, which was adopted, calling on the commissioners of the canal iund to report upou the expediency of a reduction or revision of the ca nal tolls The cansl tolls cannot be reduced without a violation of the constitutional guaranty, they bejpg now down to the constitutional minimum. In July next this guaranty will expire, 8nd that explains ene ot the condi tions attached to the resolutions reported yesterday by Mr. Coe, to make a discrimination of tolls between Buffa lo and Oswego. The House gave a rather significant vote upon the bill making farther appropriations Tor the Northern State pri son in Clinton county. A motion was made by Mr. Hun tington to take up the bill, the bill being then in order But the House refused, only 33 votes being recorded in its favor. Tha bill te aid the construction of the New Vork and Frie railway, by farther postponing the State lien, was taken up in committee, but at so lste an hoar that it was impossible to do anything with it, or to ascertain the sense of the House regarding It. I think the House favor ably disposed to aid the road, but whether in the mode the present bill provides I am unable to say. It may be that they will require that the payment ot the 36 Ser cent on the proposed new subscriptions shall be otter s cured, before the lien be farther postponed The business of the Senate hardly deserves a notice. The usury law was under debate, and the Senate rose and reported progress on the hill, proposing amendments to the law, on a motien bv Mr. Porter to assimilate the law in this State to that of Massaohusetts?that no con tract be void on the ground of usury, but that taking usury be punished by fine. Buffalo, March 34,1846. The weather continues remarkably cool and unplea sant, with almost daily showers of soow and rain. The harbor is yet filled with ice. but there is a prospect of its clearing off soon, as the wind is carrying much of it over to the Canada shore of the lake. Should there come an easterly or north easterly wind for kali a day, the harbor would at onoe become navigable. The steamer United States was advertised to leave De troit on Batnday, and it is expected that she will arrive at Point Albino, the nearest point on the Canada side, sometime to-day, whence hsr passengers will take land conveyance to this city. She is advertised here to leave Point Albino for Detroit to-morrow, but I doubt if ahe will he got off before Thursday. A fire occurred here last night, consuming a barn with its contents, one hundred bushels wheat, twelve tons hay, two yoke of oxen, four cows and a calf, and a large quan tity of family utensil*. belonging to Deacon J. Ooodell. It waa the work of an incendiary. Lose about $1000 No insurance. Theatricals, Ae. The Warden Family were highly successful on Tues day evening lest at Niblo's. Their sty le of Olee singing Is quite different from singers in this country, and wall worth hearing. Mr. H. riacide Is playing at Cincinnati. Tho F.thiepinn Serenader* have t>een giving Cencerts in Cincinnati. Howse ft Mables' Circus is at Vicksburg. Kneass and his troupe of musicians are drawing good houaea with the bnrleaque operas at the Chesnut street theatre, Philadelphia. Ole Bull left New Orleans on the 18th inst. for Notches, where he is to give the good people of the" City of the Bluffs" a taete of Be wonderful performances on the vio lin. There is some talk that he will return to the former city and give another concert, many of hit warm friend* and admirers strongly urging him to this oourse. The Campanologians left New Orleans on the 18th inst for Havana. Welch's National Circus continues to draw good hou ses in Philadelphia. The new rquestrian piece of the "Spy" has been as successful as "Med Antony Wayne " "Oreenbuahea" waa brought out last evening at tha Arch street theatre, Philadelphia. The Seguine and Mr. Frezer commenced their engage ments in Mobile on the 10th inst. PsTMnal Mo-re merits. It is rumored In Boston that Judge Story will soon n sign his seat on the Bench of the U. 8 Supreme ('our1 end it is theught ha may be thereupon elected Tresiden of Harvard University. The retirement of Jndge Star would be felt as a great public ealamity. Hon. John White, of Kentucky, haa published en af drees to his constituents declining a re-election to Cor grew. He has entered upon his duties as Judge of th YOth Judicial District of Kentucky. Wlnthrop Pickering has been appointed Surveyor o the port of Portsmouth, N. H.,inplaoe of Joseph Locki appointed by Capt. Tyler, and rejected by the Senate. The Proaiitnct Journal says the appointment of (Jet Carpen'er, for Colleoter ef that port, took every ene hi surprise, and that it Is quit# unaaaeptioeabls. PORTRAIT OF " Big Thunder," the Anti-Renter. Trial of "Big Thunder," the 'Antl-Iienter, at Hudson. Court of Oyer and Terminer. Hudson, Tuesday, March '15, 1845. Judge Parker and the County Judges took their seats at halt past eight this morning, and in a few minuti a pro ceeded with the business. The attendance was thin at the commencement, but the court room became crowded in a few hours. H. C. Miller's examination continued.?I have those dresses with me that I found. (Mr. M. here opened a bun die,and produced three fantastic and savage looking dress es, and several inaBks of black, yallow, and red cauco.l 1 think the mask worn by Big Thunder, at Copake, was ot

a lighter color than any here. These are the arms 1 got. (Mr. Miller here produced two pistols, and a sword, of a curved shape, and apparently a good cutting weapon.) The coat prisoner has now on I took with these arms; it whs taken by him as hit property; these other things were found with Belding. (The articles here shown con sisted of bullet moulds and bullets, a powder horn, three cups, such as are used by thimble-riggers) I believe both of these large pistols were in the possession of Big Thunder at Copake; Belding went by the name ef Little Thunder at Copake?1 mean there was a man th?re called Little Thunder; I don't know wko he was, but that is my impression. Mr. Jordan-1 dont want your impression. Mr. Mil ler is a mon of very vivid imagination, and can as well imagine Belding as another as Big Thunder. If Mr. Mil ler can give some good ground lor his belief, he can give it, but we don't want hia opinions. The Court?In a question ol identity, Mr. Jordan, it must be a matter of belief. You can come at this on cross examination. Mr. Jordan?I submit that they have no right to give a naked abstract opinion; they must show they have ground* of the usual kiud on which to base their belief. iiCsuaT?Let them put the question, which is?was there a man there called Little Thunder, ana who was Little Thunder? Mr. Jordaiv?I object to it, sir, altogether. They are going to ask bim who Little Thunder waa, and he will give his answer asto who he believed him, let him an swer the question that is put. The Attorney General?We are losing a great deal of time. Couet.?I know we are; there is no occasion, Mr- At t jrney General, to argue it on the part of the people. We decide it is improper to aak him what hia impression is; opinion is another matter, and proper, as a subject of en quiry. Mr. Joruan.?To this opinion I except, sir, unless he shows he had the ordinary means, either from his voice, his figure, or his gait, to reoognize him. District Attorney.?Who was Little Thunder gt Co pake ? I believe Little Thunder to be Belding; my reasons are the gait, and size of the mao, and his movements general ly; he has been in jail since the 18th day of December; I have seen him frequently since; 1 had some conversa tion with Dr. Bqeghton on the night of the 'JO;h Decern her?(to Mr Jordan) we had been examined; Boughton, that day, and Wheeler, sent word they wanted to see me in their cell; Boughton and I stepped out into the hail; I then put Wheeler into the cell and left, and went back after my tea to put WhWler into another oell, which had been done; Boughton aaksd me to come in and sit down, which I believe I did; I believe Boughton asked next what kind of a man Henry W. Livingston was; I think 1 spoke io him of the Smokey Hollow and Copake meeting, both; I told him be had got into a bad scrape; I don't know that I told him what I Draught would be the consequence of it; I did not euggest to him any course that he ought to take; I don't know that I professed friendship for him; I believe I told him beiore that I would assist him to get bail; I said 1 think te him and Wheeler and Belding altogether, that if they would get into the carriage and come with me, I would help to get them bail: I don't think I told Bougton 'hat I would become hia bail, at that or any other time. Mr. Josdan.?Now, Mr. Miller did you tell the prisoner on your way from the jail to the court room that he sure ly would he convicted, and that the only way for him was 'o turn evidence or confess. Witness ?Is that the whole of the question 7 Mr. Jordan.?Wait a moment, air; or any thins to that purpose 1 WiTitr.fi.?No, air; I hare no knowledge of any inch conversation with him. The Court here told the counsel for the prosecution, vho had made an observation, that all thia examination vas addressed to the Court, forthe purpose of ascertain ing the admissibility of certain evidence. Examination relumed.? John J. Kossman is the Jailer; prisoner's father-in-law and others were to see him dur ing confinement Mr. Jordan.?Now, air, I propose to call John J. Ross man. Court ?For the purpose of finding out if any induce ment has been held out to obtain confession 7 Mr. Jordan.?Yes, sir. Court.?Call John J. Rossman; it is quite proper to en quire whether there was any inducement held out to make .he prisoner confess to the sheriff'. John J. Rossman sworn.?1 had some conversation with 'he prisoner when in jail about this matter; I don't think I told him what course was best to take in relation to it; 1 lon't know who was present; there was a bey with him sometimes; I donh think I told him about his guilt, not knowing any thing about it ' Court.?That will do. Is that all, Mr. Jordan? Mr. Jordan?I have sent for another witness, sir. I propose to show that the Sheriff told him that his only salvation was to confess Court?Very well ; if that teok place before the 10th Drc. it is admissible. In the interval before the arrival of the expected wit ness, the Attorney General asked the Sheriff to put on one of the masks. Court?I suggest the Attorney General is promoting a v iolation of the stat ute. (Laughter) Mr. Jordan?Is that the Sheriff' who wears the mask I (A good deal of amusement was caused by the small in terlude of masking the Sheriff.) The witness not having arrived, the evidence was pro ceeded with. Examination of H. C. Millsr returned?In my conver sation with Boughtou, he said Little 'thunder wasjnot employed at Copake, nor had any of the associations em ployed or promised to pay him; he told me Belding was formerly from Herkimer co., and that he lately lived in the town of Alps, in Rensselaer county; he said he could do more in putting down the anti renters, and allay the excitement than any other man, if he was admitted to goat liberty; he said he could do morn at pacifying the people,and was quite strong on that point;he enid Belding was a music man, and played the fiddle; I asked him if he was given to gambling, and he said he was, which I thought was the case from the implements of gambling which I found; those were the appnsals 1 made on the warrants, on the property of Ab J. Miller and fltophen Decker. HCroti examined?I don't recollect that Bonghton told me he had always advised the anti renters not to arm or dis guise; 1 think it is likely that he did so; ha frequently spoke on the subject; ho has told me that he wai sent for by the people to deliver a lecture on anti-rentism; I think lie did not tell me that he was agent for the anti renters. Mr. Jordan here procured tnc mrmorsndnm book oi Smith A. Bonghton, which was submitted in evidence by the prosecution, and read from it some particulars of an account between theowner and the nntl-rent nssocu.tions; me item waa >150 for procuring counsel tor the associa tion, several others (or travelling expenses, and other moneys expended in the cource of his anti-rent labors. Crete-examination resumed?I had no process to arrest Smith A. Beughton, when 1 went and took him at Bmokey Hollow; this was seven days after the Copeko meeting; I ?font recollect whether he asked me on what authority I arrested him; I hid not that I know of entered any com plaint against him from tha Uth to the ISth; Wheeler was Handing with him whan I arrested him, and John Wtldorph, Mr. Hannibal, and Mr. Bedgewiok, was in the room; there was quite a number there, but I dont know that I can name auy others; 1 don't now recollect that he asked me what I (arrested him for, or by what authority, particularly; there was aomathing said about my arrest ing him by virtue af my office alone, but I dont recollect distinctly; I dont recollect of his telling me that he would come If I showed my authority, nor his denying my rightto arrest him; Mr Monnell, ami the District At torney and Col. Root, went from here to Smokay Hollow Nobody came and told me that Boughton was in the upper room, before I went up; there was no disguised persons there that I saw; there were lh or 10 in the room?about a dozen were atrangera; I dont know where they were (rom; saw no bundles or baggage in their hands; I do not knew how many of them might have teen dressed as Indiana; this was the same night the acci dent happened: there was light in the toom; I bad heard of the shooting of the boy before I left Hudson; I dont know that any hedy proposed going out th?re beside myself: 1 told Mr. Munnell I was going out and he said he would go with me, so did the District Attorney; 1 went out to see what was roingoa.and who was there,and to arrest Big Thunder If I found him thrre, for his treatment towards me at Copake and Alteram; I s?w the handbill at Smoky Hallow on tha 15tb day of Daeesiber, tothsaihet that Smith A. Boughtea would iddresa a meeting there on the lath; the meeting wan on Wednesday ,1 bad no reason to di?beli?ve that there would | be a meeting; 1 saw the handbill and that's all 1 knew about It; I always supposed I would come in contact with Or. Bovghtou, and tut 1 hat a rUM to u/rest him, and 'hat was the reason 1 waited at'er me Copake meeting to ?lo so; I was not advised particularly as to my having a eight to arrest him; I asked no one in particular, hut heard it talked of several timn; I think I heard it spoken of in McClellauSt Sutherland's office by both of them ;there was two or three meetings advertised, which he waa to attend, in the routh part oft he county ; my sou, Corne lius, was out at the Smokey Hollow meeting, as be told me so; I cant swear he was there; I was only told so; when I got there I saw a number collected some dis gulstd. six of whom were in a wagon; I saw Haml. Row ley and Cornelius Miller there, uud L)r Squires Jones Miller gave me the fiddle box and other things; 1 asked Jonas il there was any baggagejthere belonging to Bidd ing and Bougbton; be said he'd go and see; be went und returned with Boughton's overcoat) 1 then asked him if liatwas all,and he said it was all he saw; Hold him it could not be possible; there must be more, when he went and returned with the sword, pistols, Addle box and bundle, ID I gnve i' to me as their baggage; I am not positive he told me it waa their baggage, but I believe he did, as 1 asked him for it; I got my team to go out it Mr. ltodg"r*' because mv son had mine and I had no other horses in the stables; my son told me he was going to Smokey Hollow: 1 did not at any time say that H. \V. Livingston had offered 500 dollars to any one vlio would arrest Boughton; no such offer was made to rnc?nor any other that I know of by any body; I never told any liviug man so; there was nothing very pe culiar about the horse {pistols ; I don't recollect wht ther they had iron or wooden ramrods?or whether they had ramroda at all; there was nothing about the small pistols more than that they were a small, short bright (barrelled pistol to make me recollect them ?there is not that 1 know anything very peculiar about that dress?only its an odd Agure; I am not a Judge of dry English goods; dont know the difference between English and American prints; I recollect seeing '180 or J00 dresses - don't recollect another such as that one: I cannot say up on oath that there was not twenty like it there that day; I have had that drees on two or three ditt'erent times - twice in the Hudson House: there might be 40 or60 there; I did not go in as Big Thunder, but as H. C. Miller; I'm inclined to think I did not speak to any one: I believe Judge Hogaboom and Mr. Oaul were'there, and Attorney General Barker; Big Thunder and the ethers were very near to me at Decker's ;atVosburgh's".we were close toge ther; when I got them into the carriage I took them to Rogers', and remained thereabout 15 minutes; we were in the parlor opposite the bar; I might have gone out? they remained there: we got down about eight o'clock I think at the jail; I believe they have not been out of it rince except to IheCourt room to be examined ;Belden is a very straight, active, pert little lellow?that steps round lively, and is active in all his movements, about 6 feet 8 or,9 inches; '.here is a good many men of that size, and I have seen straight men beside him?some straighter; thera are a number of trim built fellows about Hudson; I '?an identify, that is, I can state what sort of a cap Littlo Thunder wore at '.'opake, and also that of Big Thunder; it was nothing ;but a skull piece, made out of something, with a yellow band to it,but no rim;Little Thunder's was very similar, but the top of it was lull of points, of the Gothic style; 1 have never seen them since. At Copake and Ancram both, they pointed their pistols at me; at Decker's they came close up to me; Big and Little Thun der both did so; I noticed his pistel all the time he wag round me; it is true that he held the pistol extended at arm's length towards me, both at Decker's, Votburgh'e and Sweet's; I had not heard there was to he an anti-rent meeting at Sweet's; I had heard there was to be people there to oppose me; there was no number mentioned; I did not hear there was to be any there to oppose me at Copake: I had been told I should probably be resisted in the sale of propeity at Ancram: the route I took was tke best road and nearest: there might be about 500 at Conske .vhen I went, but I did not think any thing about wnere they were lrom: these 600 men, I mean those not in dis guise, behaved themselves orderly and treated me civilly; I did nat converse, as I know, with any of them: I asked none that day,that I know of,to asatst me)in executing my duty: I did not tell Big Thunder and his corps that I was as good an anti renter as any of them: I think I can say ihat 1 never said so to any living man; I never told any one that these men were your friends, and that you were not going to Aght with them: I have no recollection of saying that I was no more frightened at Decker's than at any other time: I believe we stopped at Mil ler's, at Smoky Hollow, - on the way back; I do not recollect Miller's saying to me that he should have thought I was afraid and mv answer ing no; I do not recollect any person asking as to who 1 knew there; 1 may have said I saw the son of Jacob D Snyder, don't recollect: I had seen Alexander Snyder before; was not acquainted with him; my impressions are that Big Thunder was not heading the procession when they started off the wrong road: he might have been; I think Big Thunder was between the music and the n*> tives, and the music led off into that alley or road, ft whatever it was; when Big Thunder took the papers 1 recollect his language was, that all who was tor tnking the papers peaceably if they could, forcibly if he would not give them up, were to raise their left hands; there was no struggle in delivering them; he said they would satisfy cue on that subject; when 1 said I would not give up the papers until 1 was satiiAed they intended to commit violence to my person; I don't know that there was any thing said at Decker's about tar aDd leathers; 1 never told dig Thunder at Sweet's that it they went down to the Iscc of sale I would give up the papers; I said nothing of ' he kind; Big Thunder made use of no such declaration at Sweet'8 as that he would not see a hair of my head hurt (hat dav. The Court here arose for dinner, and met again at two o'clock, when Sheriff, H. C. Mm -fir, "was further cross-examined.? Big and Little Thunder both pointed their pistol* at me in Decker'* at the same time; I heard Littlo Thunder apeak hat daj-, but not to me; he gave the word of command and filed the natives a* he wanted them; I have seen him at Snsokey Hollow,and in jail, that'* all; Big Thunder <ra* straight,about six feet high, and a strong,honey man; he and I have stood together to see which wea the tallest; I believe 1 am a trifle the tallest, If any, it is very little; I snw at Copake that he was a man about six feet high; I m that height, and I think there are men in this house to vhom I said before I measured |him in jail that ho was my height; I don't know that I thought of it when stand ing together; I should think from the appearance at Co pake 1 waa the heaviest man; his face was covered: his mask was wet and lrozen a couple of inches round his mouth; the day was very cold; I never said that t recol lect I sdwthis whiskers, and that they were sandy; I did tot see his hair; it was covered with a mask and cap: he had on an old fashioned pair of round toed boots, either kip or call akin I think; they looked coarse and I noticed - hem; I believe I never swore that he had half soled boots, hut I have sworn he had on a pair of old fashioned hoots; it was never suggested to me to measure Belding; I have mentioned to several persons and at places before I arrest el Big Thunder,that he was about my height, and I spoke ?f his boots; Lapham was in with me once, but 1 do net reoollect that I got him to measure us; we may have dked about hi* size; we all talked together friendly, hut did not go with any inteniion to size him; I can sav that I think Big Thunder had not a broad yellew stripe in his ? iress; from the first time 1 saw him at Copake f don't think he changed hit dress, the only time he was eot of my sight was as the procession moved trom Sweet's to Vosburgh's; 1 know a man named Walter Dorchester; I have never said to him that that yellow mask waa Big Thunder's; 1 never thought it was; I don't mean to swear positively about the mask; never conversed to W. Dor chester about it till lost night, when I think I told him the yellow mftskfresembled the one he had on. Mr. Jordan?What did he say I The Attt General? I object to that question, sir. Court?That'i* objected to, Mr. Jordan. Mr. Jordan?I insist it is admissible, aa it is proposed to show that the Sheriff changed bis opinion from having conversed with Doicbester. The Cottar admitted the question as it was put to show uncertainty upon tho Sheriff's opinions upon the point. Mr. Jordan?What did Dorcheater say 1 Witness?1 thiuk he said Big Thunder's mask was a the light colored one; I said to him the mask was frozen about his mouth: long before this conversation I took the high est mask and the dress, as I thought it was that he had on; I may or may not have drunk with these Indians at Co pake; I take a glass once in a while; I may have ttken some of the brandy without saying any thing; I have no recollection of drinking at any time that day; if I did drink at all it was only once; 1 saw a man here this morning who paid for my dinner if any one did; that was John Lake?he said I had nothing to pay; he is a good, .... . w-t? ble; I friendly sort of a man, and waited upon me at tahli didn't pay for any thing atCopakej I asked nothing about it; it may be still against me; 1 did net drink Big Thun der'* health at dinner, and no body drank mine. Dirtct rrawunati?n rtsv~*<4?I may have been at Miller's tavern or six minutes on my way back; it was about dark and the lamp* were lit; It was a very cold night; we ?nly watered our horses and came right on; wc stopped forthe purpose of watering oar horses; there was n shoWhere that night; some kind of n gathering, and some were pretty noisy; I ence vn In the room and his ? deafin brother was dealing out liquor; the driver went In, got something to drink, and then wc immediately came off together; 1 have, I think seen the same boots that I spoke of on Dr. Boughton since I arrested him : I nut on the dress merely for my own fnn, not to satisfy the curiosity of any one ; besides taking notice to the boots, 1 noticed his way of speaking?one word in particular he made ese of frequently in his speeches?that was " consequently," and he made nae of Garrett Smith's ?quently ; I I name frequently ; I noticed his walk very particularly , I think h?t had gloves on ; I think I saw his naked hand at one time in the room at Sweet's ; I could not tell from that it was him ; he talked abont titles, and the hardship* the tenants had to endure. TheATTOSNKY General?ft is proposed to put this dress on,and if there is any of this masquerading to be done, we should like it to be done now Mr. Jordan?If he thinks it proper, he may put it on himself; 1 don't think Dr Bonghton chooses to do so Judge Parker?I think It is better to omit all that; there h no necessity for it. Cross examination resumed?When I had the disguise on several persons saw me ; 1 don't think there is much dif ference between the size of Big Thunder and James Bun nell's ; I remember all about Hutchin's being brought into town ; he was not marched round by my directions The Court said theae comments had nothing to do with the question?they should be all reserved Cor another lime. Mr. Joroan said he would show the sheriff was there ; and that it waa by his sanction be was mortified and para led round the town, all which would be afterwards proved and show the disposition of the man. Court.?The Sheriff says, he had nothing to do with this. Mr. Jordan 1 know he says so, but I dont believe it, sir ? (Laughter.) Couar. ?It would b* muoh better to go on and take the avid SAM. Examination returned ? I did not get into the sleigh at all, ?ir, 1 got on the aide of it just opposite the Hudson house , Capt? Krack and his cavalry were in (rout and alongside of the sleigh;the prisoner was under the charge of deputy tedgewick : 1 took charge of him at the jail uoor ; he did not tell me he directed this operation. Court.?We have got enough on this point, Mr. Jor dan. Witneis.? I remember when Runnells was brought in. t oust. ? What has that to do with it, Mr Jordsn ? Mr. Jordan said, he would show that the 8heriffabused his authority ; that it wan of extreme importance to him to get theve men convicted, and il be did not succeed, it was probable he would yet hear of all this. The Attohmkv Gknkhal observed, that it must be ob visus that these re marks were made by the defence not mm their relevancy, but to animadvert upon the Sheriff aid respectable citizens, and to associate them with black legs and criminal*. Mr. Jordan replied, that be hud at least one decision ol the couit in bis Mvor as to the relt vancy of evidence ; he would correct ihe Attorney Gtncral when he said, that be (Mr. Jsrdun) was sensible of the iirelevancy of his re mar ka ; he was sensible ol no such thing and would take his own course. The Attorney Gknsral thought it an unusual, unfair aid cxtraoidinary course to chargu him with, saying what he did not say?that respectable citizens were the ass.-ciates of black legs and criminals; he contended the remarks and testimony sought to be introduced by the defence wus inapplicable to the present case, and should uot be received. Cross Examination returned- Runnells was marched lown to music and brought diiectly to the Court House; 1 lirst saw hi in at Sutherland's and McClelland's office?I had nothing to do with it in no way or shape;! did not try 0 prevent it?1 had nothing to do with it; I took charge ui him and put him into jail, and he was put in charge of hejaihr; he came in under a military escort; (a whole dring of questions were here put which are omitted as of no bearing on the case.) hTcrMEN L. Mamoun sworn?I am an attorney; I com menced a suit sometime in ' December, in favor ef Mary Livingston, against James P. Langdon. Mr. Jordan objected to this evidence as wholly Inad missible end was sustained by the Court, who noted tha exception taken to its decision by counsel for the prose cution. Jamis McArthvr sworn?I was at Copake en the 11th 01 December; 1 could not say at what hour 1 got there in the afternoon; 1 passed by Vosburgh's in going to Copake; t er I pussed it 1 discovered a large number of persons coming from Copake and going towards Vosburgh's ; haie was quita a number In disguise ; alter they passed me 1 turned back with them ; I'saw the Sheriff in his oar tiage and also a man they railed Big Thunder ; I didnt ,ee any thing done in particular at Vosburgh's?but alter be Sheriff made some remarks to Big Thunder he held -is pistol an above his head ; I cant say why the Sheriff lulnt sell the property distrained and advertized for sale on that day ; I don't know as he could sell?I heard he was resisted ; when Sheriff Miller said he wouldnt sell it he was resisted, the chiet held up his pistol as 1 have de lortbed ; I could not tell how many were in disguise 'here ; there were perhaps -200 in disguise and as many nore uot in disguise ; he did not seU there ; he turned tnd went east to Mr. Decker's; when he came up to Decker's he was surrounded by these men ; he didnt ell|tbere; I think the Sheriff nsed much the same words as at Vosburgh's ; there was a crowd be ween me and the Sheriff: I noticed the dress of Big Thunder at Copake, after be got into the circle ; I could not see any papers at all, but 1 beard them de manded by the man who called himself Big Thunder: nere was a vote taken: I think the Sheriff first asked urn what right he had to his papers: then Big Thunder urned and said he would leuve it to a vote of the natives, and put the motion, saying, " all that's in favor of it hold >ip your right haud;" 1 believe they held up their right bends: I then saw Mr. Miller make a motion on nis i lothos, and I went to the fence,without seeing what took place fuither: then we started for the Flats, ahead of the >rocessioii, with two or three acquaintances; at the Flats Big Thunder's calico dress flew open, and I noticed his coat; think it waa a black frock coat; he waa called Dr. Boughton?that is the man theie; think 1 ??T iumon the i opake square, between Sweet's and Bain's; j,e WMCOn. ersiDg with them, but I heard nothing he nor jyj not try: this was alter some row there; I thought the --oat 1 then saw on Dr. Boughtaa was the s^me j 0Q Big thunder; the prisoner Is the man who pointed out to me as Dr. Boughton; I had seen him at Rockieller s be lore, addressing a meeting; I did not mean that be waa pointed ont to me at Copake at all; I saw him nnce at Gal l -tin also; I cant say what sort of meeting 3 was, nor ltd 1 hear what he said; the coat 1 took to b>. the same I aw on him at Copake; I dont recollect the (fete- 1 saw iim at Gallatin next day; this was before th? meeting when the papers were taken; he appeared to be elirHking it Copake; they were performing with the "native" ana ad a coat and pantaloons stulfed with straw; they had it u to a rail or pole; it was called John S LiviDgs:on>t image; they put fire to it, and cat it up with the torn*. ..iwks and spears; Boughton war,a talking but 1 dont Know whether it was a speech; there was a crowd round iim; I did not see Dr. Boughton and Big Thunder at one time; nordidlsee Boughton until|after the ranks were '.rokeu up; IJncvir thought of their size at all. Mr. Jordan objected to his being asked his belief as to he identy of Dr. Boughton and Big Thunder 1 he was to 5 ate facts, not to transler his inferences into the minds of be Jurors. Judge Parker.?We will put the question in this form? - From what you saw on that occasion, do you believe -he person you saw on that occasion as Dr. Boughton, Hi nig i uuuacr r Mr. Jobdait.?Well, that I object to. Court.?It i* the only way to prove the identity of a mm ; it must be eventually left to the juty ; it ia still an ulmiiaible question, and we will put it in that form. Wiraaae?(tko auestion being put)?I don't know what to say ; 1 said all to you I can form any opinion <hout; I thought and wished to be understood so all the ? hi!-, that front his coat it was thesamn man; I heard Big "nunder speak at Copake; can give no opinion about it whether it was or was not simuar. Crost-txawtiwi ?I said it was tbe same coat, and he and a sort oi chain round his neck at RockfeUer*s and (iillatin; I saw his face and knew him; it was near sun down?at any rate pretty late in the day: they had a con iJerablc spree there; i think Dr. Boughton had panta loons of the color of the coat he has now on; 1 couldn't see more than the court of Big Thunder, as he had on a calico ircss; can't tell the color; the subject ot his conversa ion at Kreligh's was the collection of rent; I heard no advice given; I heard him advise them at the Scotchtown meeting to conduct themselves peaceably, and seek a Ie ;al remedy; never saw him but at these places; Belding vas pointed out at Ancram and Oallatin; no and the pri oner were there together in the same company. Dirtct resumed.?I don't recollect what time the meet ng was at Rockefeller's; it might have been a week or wo before that at Copake; I think he spoke more than ?ii hour; I paid no particular attention to what he said; I think after he closed his tpeech, three or four Indians came out olthe house and walked round; didnt hear where they came Irom; I didn't hear him mention about the Sheriff nor myself; 1 reside at a place called Ancram Lead Mines. Hoascc Culwr sworn?I was at Copake the day the sheriff's papers were burnt; 1 was down at Vosburgh's; I saw the Indians, and heard the chief or leader, Big Thun der, ask the sheriff what he intended to do; the sheriff re plied he had come there to sell some property, as adver 'ised; I think Bir '1 bunder told him to sell at his peril; 1 kept off a little out of the way, and beard little mure of the oonv-rsation; this was at Vosburgh's; tbe next I heard was Big Thunder say irg to those he called natives, that 'toe sheriff did not intend to sell there, but was going to mother sale in the neighborhood for the purpose of show, ing that he was anxious to do his duty; when Big Thun der said, "sell at your peril," I think be had a pistol in his hand; cannot say he pointed it towards the sheriff; I was within two rods of him; a crowd between; 1 noticed hia coat blowing up once or twice at the isle; 1 think hit coat was a dark brown frock coat; I saw a gentleman in the afternoon speaking inside a circle, and was told it was Dr. Boughton; ne was inviting these present .7 attend an anti-rent meeting at Claverack, next week, I think; he had a dark colored coat on then; I think a irock coat; I think the prisoner is the gentleman who was t|H aking there; I did not see Big Thunder at this time. Crostrxamined.? It strikes me it was a dark brown ooat; I speak of an ontside coat; I didn't see what coat be had on under that: I saw them drink brandy in that ring; I ?aw 'hosberiffdrink; the brandy was called far by Big Thunder to treat the sheriff; I don't know that he drank Big Thunder's health; he did not seem ta be much em barrassed; saw nothing particular; when thepapera ware lelivered up, there wh? something said about having an anti-rent sheriff; I saw the sheriff come into the ring very -oon after; there was something (aid by Big Thunder te the sheriff, after the papers were burnt, about thair being of the sameclaia of politicians, and apologised to be nnder trie necessity of appearing in that uncouth apparel, but hoped to tako him by thehand, and tea him re-elected by tbe people; I noticed no change in the sheriff's counte nance, or whether ha was vexed or pleated. rHr'ct rtruntd? I don't know that the sheriff was pre sent at the remarks about the anti.rent sheriff; they had a circle formed in front of the tavern; Big Thunder was in the middle of itj 1 am positive there whs some reference made to bit being a candidate far re-election; 1 reside at Ancram, six miles from Copake Vlats, sad about the same from Vosburgh's; the sheriff was in the ring when Big Thunder addressed him about re-election; he ssid some thing ahoui the sheriff giving up his papers reluctantly; he laid he wished te say far the sheriff, at his requeot, that the papers we re not given up willingly; it was sometime niter that I saw Dr. Boughton; two hours perhaps. Cress-cramincrf? I heard him invite the aheriff to par take of the hospitality of the natives; the sheriff msde no reply; the nttives agreed to the proposal of the sherff di ning at their expense; 1 heard Big Thunder tall the hast !er to take the sheriff's horses, sfter returning from the sale; I heard no angry words between him and Big Thun der that day; but thought he was a little embarrassed at Vosburgh's; it waaseea, I think, in his speech replying to Big Thunder, when he appeared to be a little agitated ; it wss nothing very extraordinary or observable; I think there were three cheers given in the morning when they started; it struck ms it was when Big Thunder made the i-emark about ths sheriff being an anti-renter; there were three more given when they came back from the sale. .At this period,the Court observed, that as it was not the wish that they should have an evening session, the aourt would adjourn till next morning at half past s, renewing its injunctions to ths jury to be cautious in communi cating on the subject of the trial VsrlsUss, 11 ia stated in some of the papers, that there are no less than one hundred and twenty towns in Massachusetts utterly destitute of t grog shop. The Paducah h'rntucktan mentions the Jest met ion by tire, ot a new and splendid steam mill, with a large quan tity of grain and meal Loss $lft,000?insurance *4,000 ft It reported that Lieut. J.W Martin, of tha 9d Infantry , stationed ?t Buffalo, recently tried by a court trir'lsl for unmilltary conduct, hat baan acquitted

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