Newspaper of The New York Herald, February 28, 1849, Page 1

Newspaper of The New York Herald dated February 28, 1849 Page 1
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T II NO. 5382. Anollitr C??t of ahootlng-PralMble Murder _Lovr, J*alouiy< and Kcvtng*. F Yo?t#rday afternoon the tut fide of the city, above Ulb street, was thrown into state of the greatest excitement, occasioned by the oeourrenee of a tragedy which Is likely to end in the death of one, If not both of the aetors The parties concerned were Thomas A. 'Walker, and his reputed wife, Martha F.lisa, who have resided for some time past at No. 46 Lexington avenue near tha corner of 25tb street. At about half past two o'clock yesterday afternoon, a report of a pistol wae heard in Mrs. Walker's room, and her aunt, Mrs. Wells, who resides with her, being summoned to her niece's room, found her lying upon the oor gasping for breath; it was at onoe erldsnt that She had been shot, and Mr. Walker was in the room at the time. An esemination being made, it beosme ap parent that the ball of tha pistol <a 6 barrel revolver)had entered ker right shoulder, passing down in an oblique direction, and had finally come out just abova tha left hip 8he could hardly speak, and Mr. Walker asserted that she had shot hereelf This she denied but did not accuse any one rf baring perpetrated the murderous act. Cept Johnson, of the Eighteenth ward police, was sent for and arrived in a very short time. aeccmpacted by Officer Brown. I'olioe Justice Mountlort al.o visited the house soon after, and the policemen taking charge of Mr. Walker, awaited the arrival ol the Coroner, who was sent for in ordir to lnakeau ante mortem investigation in th premises. The Coroner arrived about half past live o'clock, acctmpanied by Dr. Holmes, who in plain teiu s told the wounded woman that she was probably near her dea'b; that the probability was that she would not live till morning. To th s she repl ed, ' thoa may ( Jed have mercy upon me." She still pur-istedin denying that she had shot herself, and at the same tim> refused to say that Walker had done it. The Coroner interrogated Mrs Wells, the aunt, but it seems that h.r n'.ec? had nut eolith'soed har at all upon the suhjrot j aha found the unfortunate woman (ting gaspinn on the floor, and she could not obtain from her acj Information a* to who fired the pistol: on h?r questioning ber, the sa'd Mies Walker turned her head away, and banned that she might n ?t be Interrogated. J'he < oiooer a-tted her directly, "did Sou -hoot yourself I'e which ahe replied, "No" le then aaked her if her husband ahot her ? To this abe answered that ahe was not goiag "to oriminate him." " Who do you mean by biin f" a*ked the Coroner; " le It Mr. Walker ?" " Vea, Raid ahe, and I will forgive bim for all he baa done " She Raid but little moie and appeared to fail fast; her voioe became very lew, and the Coroner did not think it prudent to question her farther at that time. She rallied somewhat afterwards, but to the last persisted In refusing to orlroinatn b?r husband, though ahe denied having ihot. herrelf The victim In this tragedy waa formerly a Miaa Blaokweil, of Stamford, Conn., an heiress to a considerable fortune. She la tba same lady who created quite a reto ation acme years since, when her hueband, a Mr. Miller, abducted her from the house of her undo, from whom she Inherited her fortune. Mr. Miller drove into town In a barouche drawn by four horses; oonveysd his wife speedily on board a vessel about to sail for Norfolk, Va.; and having successfully accomplished his project, remained in quiet possession of his wife After the uncle's death, a check for $20 000 was presented to the sgenta of hi* (Mr Blaokwell'e) estate, purporting to have been drawn by him in favor of Mil l?r. lum cure* iTiinvi b who piwuuuuucu iwigof/, and aba refused to live with him. A divorce was finally applied for and obtained Being thus free from ber fitat husband, the heiress baoama acquainted with Mr. Walker, and,as she alleges, married him. She baa realded It Lexington avenue since last September, and has been visited by Mr. Walker, who is a man of wealth, and la said to lire upon bis money. He was juat leavir g the house as Captain Johnson and odloer Brewn entered it yesterday afternoon. They took him into custody, and oonveyed him to the station house, when a six barrelled revolving piatoi was taken from an inside pocket of his coat. He told Captain Johnson that the woman was not his wifa, and that she had shot herself One barrel of the piatoi which was found upon bim bad been discharged. Before leaving the honao be wrote something on a pieoe of paper,and endeavoured to get Mrs Walker to sign it She refused, however, and Justice Mountfori bee now the paper in nis posseeaion. It was the opinion of the physicians that the woman could not live till morning. The Inmates of the bouse are not at all communicative, and the coroner oould not learn from them any thing whieh would enable him to view tbe subject In any more intelligible manner than tbe sight of tbe dying woman and tbe circumstances already alluded to wonld enable him to. If a post mortem examination takee plaee, or a Coroner's inqof st is held, they may be induced to speak, but yesterday tbey were not at all inollned to talk. Mrs Walker or Mrs Miller has attained ber 35th year, and bears tbe marks of former beauty. She lived In splendid style, at ber residence in Lexirgton avenne. Some farther investigation will probably be made by the authorities to-day. Fiat justitii mat calum. 'I llt! iicm uu niyiicrywiiiv iii*cbuo?uwh be Tare tUe Jmlltt-Tlte Supposed Murder of tbe Miller Family?Tbe Discharge of Mr. MUlerwThe Excitement, Me., Ac. Monday, Feb 36 ?Tbe court opened at 10 o'clock. Justices Bradlee and Pearsall presiding. The nnmber <t persons was not so large In attendance as en Saturday, in consequence of tbe inclemency of the weather; however, as it was, the oonrt room was nearly fall, all exhibiting the most anxious feeling to know tbe malt. The evidence adduced during the day was net so strong against tbe prisoner as was expeoted. The < curt now being ready, the Sheriff brought in the {trie t tr, who took his seat by the side of his counsel, ook Eg as cn tbe former day. very pale and dejected; as n< t n ss seated, he burried his face in his handkerohi y. and thus remained during the whole examination Tbe talented Distrlot Attorney, Mr. Lambersoa then continued the further Investigation in this horrible affair. K-.dkut C. Miller, sworn?Testifies that he is hrotner of Jonathan Miller; that the diagram (marked A ) bere exhibited, is a pretty oorreot representation of the dwelling house, kitohen, and sbed roof; have not been at my brother's bouse sinee 4th January last, until tbe fire; before that time 1 sometimes worked for him. and sometimes used to go there visiting; 1 believe i know where he was In the habit of keeping his tools generally, and could go at any time and get them; he kept his axe and gun right in tbe southeast eorner of the sbed roof; I was present after the fire, when the axe was found in tbe centre of the weat room, right by a large ?tore; I do not know whether be kept mora than one axe; I think the axe found waa the eame axe 1 eaw him cutting wood with; the placea where Mr. and Mr*. Miller rlept are correctly rrpietented on the diagram marked A , and alao tbe poattion in which the bodiea were found; I waa preaent when the body of Mr* Miller waa found; the lay bead to the weat, upon hi r back, I think; we turned her; after we got her out we rolled her body on tbe ground, and they took it and carried it to tbe barn; I could not aay what time I got to the fire; it might have been ten to eleven o'clook when they took it there, and between three and four when it waa carried to Mr, William Everitt'a; Mr. Berrian'a clock irtrnek five before I went to bed that morning; I ahould judge it waa pretty near aix o'clock when 1 got to the fire: Joaeph Dorian, Samuel Fleet. William Everitt, the men I celled, outrun me ; them three were there when I got there ; tbu frame had not fallen in when f got there : the roof waa all in ; tbe poeta, platen, and etudding of the main building were standing when I got there, end fell in aoon after ; the weather waa elear and cold; I ahonld think U waa twenty minute* or a quarter of an hour after Mr Berrian atarUd for the olty, when I went to bed : tbe barn le to tbe north of the kltohen. a little eaat of north, and may be a hundred yard* dUtant; peipg from tbe barn to the read, we pan* by olone to tbe teat evd of the hour*. J a Mia Roma*. i*nrn~Stya. I rcilde at No >04 fic*;e?t rtreat. Brooklyn ; I never Paw Mr. Miller to know him to he Mr Miller ; the defendant in ecurt Br, ns to look like him ; I bought hay of ruoh a looking m*n on Thnreday. I thick on the 16th inat; the hey bi 1 fa tbn one here rbown me, (marked B) which I got with i he bay ; I diet met Mr Miller on the hay atand Uoncoro nrren. umomjii ; I waa nut inrm wu?n n? grove up ; I)* >v rtaodlrg there when I came down ; that war About half-part tl n'clnok Aod I bAd the hay . unionilftl about five or ten minutes punt 12 o'clock ; I bud no other conversation with Mr. Mll)*r. only to wake t harjnln for the hay ; It wan dark oolored clover bay ; the tnau here nenns to me to be the gentleman ; be end tbe colored man came with me to help unload the hay, and the colored man forked It off; I don't know that colored man. the colored mania unite a atranger to me : the quality of the bay waa eery poor, part, of It aeeuied to me like ae If it bad been wet or mated; It wan not unnalcubie bay; 1 don't generally une the bent of hay ; I ehculd not like to glee three enrtn more for it. Wm Cm tan. aworn ? 1 ani acquainted with Jonathan Miller: I eew a load or hay go along that I anppored to he hi* on the morning of the 16th Inat ; tbo pair of horeei to the load I thought were hie; I didn't ree the man at all; I rotildn't any noaltieely they were bin; a good many team* travel alike; I nee hie teaaa frequently; I pee* them often; I live about three quartern of a mile from Mr. Nontrand. and about a mile to Mr Mlller'a houne irom Noetrand'a corner; the moon war shining. ant quite a light morning; if I had takan particular not'.e* of tbe team I could hare told tba team hut I d>d not take particular notloe; I thought he had a m< derate kind of a load on. from 18 to 20 hundred; I could not tall what kind of hay waa on Mm wagon; I don't recnlltct If any body el?e waa there; there wae ?ame one In tbe bonne; Jacob Burgln Henry Nagerman end John Carpenter.three men, were tbero; I d-d not mention In their prerenoe tbo team waa Mr. Mlller'a; I obnerred when tbeae y?nog men (topped, It wanted twenty mlontea of four o'eloek; it waa not lorg attar I don't think It waa orar Ore mlnntea after, before I raw the team paea; I nuppored it to bw bia teem at the time It pa*eed; I told bia brother tba next aqrmlng It waa bin team; the elock atrnck four ab int ' the ttire there yon tg man lett; I think the young men were In the h*nae wben the elook atrttok. ae tome one nnid," I tblnh your clock la rather faat.;" I oxaeot It wae about ten mlnntea fart, New Vork time, aa I had let It ahead the eight before; I did not ree tbo Bn until 10 or 11 o'eloek that day Waaaaw Dbbwott, iworn, lay*? I aawaflraon tbo E NE MORNI truing of the 16th lout ; I *u hottnag Mr Cnrtia'e nd Mr. Bedell'*, on the road lending trim the road to tba Court Houee; It appeared to b? In the dlraatlon of Mr. Miller'* houee; I know tbo direction ha lived; I don't know of any other Are in that neighborhood; I raw the are. I aunpoee. about four o'clock In the morning; when I got home It waa half na?t four o'clock; it juat took me half an hour to get home; I hare been in the habit ef driving on that road; it generally takea me half an boor; I drove aa uauol. Crau rx*min?finn?\ took out my horaa before going into the houee: I left Mr Hewlett'* at four o'clock; I went dir?otly home; previoua to tkla I took a lady home ftcm the ball; I (lid not drink any oban psgne DavidS Ci.owei, awcrn says?I reside in Hempstead; I raw tha lit ht of a flra on Ihe morning of the 15th itrt . in tha diraetlon of wait, southwest; I saw tha flra about 10 or lo minutes after 4 o'clock; tha flra waa a littla routh of No-trend's; I could not tell the distance tha die waa rff; I hare not bran to the flra. Crate trcmiralivn.? An I waa g?lng ont to tha stable, I looked ut my wateb. and aaw it waa exaatly four o'oleeb; I had barn to tha ball at Mr Hewlett's tbat nigbt; I eaw Warran Demott there; ha left bafora I did; can't far how long: when he left be want south; I did not era him tb?ra after that ; whan I left Hewlett'*. quarter before four o'clcek ; I don't know if my tima agrees with Hewlett's ; I can't say where Warren Peinott want to; ha left in company with Charles I.osae Valentine loses, and Miss Loses; ha left about fifteen or twenty minutes bafora I left: I had bean at the ball lines eight o'olock that evening; I in'ubt hnvedraok once or twice during that tin a; no chaunagna; I did not drink four times; but I won't be positive; but I am'not in tbe habit of keeping account, bow many times I drink; I (alt no effectt from tbe liquor I drunk tbat night; I left Hewlitt's bouse twice; tbe last time I left was 4 o'olock; I had bean away, and came back again Kliai Ileai on. sworn says?I don't know at what time I was called; I dressed myself and want diraotly to the flra; it might bava taken me tan or fifteen minutes to gat to tbe flra; it was all on flra whan I ft rat got in sight of it, and aaw tbe roof fall in before I got there; no one was there; I did not sea any one; my brother Joseph waa the first cue cams after ma; It waa bnt a few minutes; no one came to tbe fire bafora I left and want to Mr Fowler's; I cannot say how long I ?a> fioor; it was about half* nils to Fowler's mod three or faur hundred yard* to James Wood's from Fowler'*; my object in going war to oall the neighbors: and did net stop long at either plaoe, but only to tell about the tire; Mr. Wood and myself returned to the Are; tbe deck struck five at Fowler's as he was going to Wood's; I ran part of the way; the Are,when I raw It, seemed to be burning both ways, betwien the kitchen and the big house; we walked pretty taat frrm Fowler's to the Are ; it took us abrnt 16 minutes, I think; seme of the timbers of tbe main building were standing on my return; tbere was some timber near the body of Mrs Miller; It might have been on tbe body. I don't reoalleot; I don't know wbat time I went borne to breakfast; I was not at tbe (ire when Rldert Miller came to the Are; he was tbere wb#n I came back with Mr Wood; I believe Mr. Miller did not keep any hired balp. Crnis traminalion.- 1 tried to get into the house by tbe shed reef; when I got to the Are the Aames were pretty much all over, except tba shed roof; the greatest part eame out of the roof; I think thera were window shutters to tbe bouse; when I Arst saw the house tbe board* on tbe sides of the house were on; I don't recollect whether the chimney had fallen or not when 1 came back with Mr Fowler. JaserH Dorlon being swam, aays?The ohimney fell when the last pair of post* and girta fell; all went down together In abont 16 or 20 minutes after I got there; the main part of the chimney fell west; I was rot there when the gun went off; I heard the report while I waaln tbe lane; Mr Eldert Miller found tbe gun barrel; I was present when it was found under the shed roof. John Flower being sworn, says?I was at the premises when the house was barnt down, about 11 o'clock on the 16th lust; saw|tbe,axe: I thought it was about the middle part of the house; the axe laid upon a big stone, with about an inch or two clou; broken wall was under the axe. William Etiritt being aworn, says? I went down to inform Mr. Miller; I met him at Bedford: in the first place I anted bfm if be bad heard of the aooident; he raid he hadn't heard of anything that had happened, er (aid no?I think he aatd no; I told him his whole family was burnt up; he rather, in the first Flace, slacked up bis reins, and said, '-how oan it be?" then told Henry Nostrand to take hold of the reins: Hemy got out of mj wagon and told Mr. Miller to get into the wagon with me; Mr. Miller did so; 1 was going then towards Brooklyn; I turned short round with him. and. after I turned around, he aaid twice, '-bow can it be?" 1 continued to ask him bow he left the Are; he said 1 hat bis wile woke him up. and he lit the candle; 1 went to the Are in the morning; 1 left the premises before sunrise. Cross examination.?Mr. Miller farther said?he made a Are, went to the barn and fed his horse, heated bis coffte; after that be went to the bus and harnessed bis hereee; hitched tbem to a wagon loaded, and tied them; he went into the house, put on his coat and blew out the candle sitting on the table in tba middle of the room; came out, latched the doer and shut the gate; he said when he got down etairs it was 2 o'clock. Henry Nostrand being aworn. saye?i was at the Sremises at seven o'clock that morning; I went with lr. Everitt to leek for Mr. Miller; we met him at Bedford; Mr. Everittaald be bad found him at last; he told him his family was all burnt up; Mr. Miller asked him what time it got on Are; I think that was the first question he asked; we only remained in conversation with Mr. Miller a few minutes; William Everitt told him it took A'e between fouT and five o'olock; I got into Mr. Miller's wagon and drove b is horses home; Mr. Miller get into Mr. Evsritt's wagon; I don't recollect bearing Mr. Miller say "how can it be;" we were but a moment together. There being no more witnesses ready for examination. the court adjourned over at 4 o'olock until half past nine o'clock on Tuesday morning. TuEfDAY, Feb. 27 ?The court opened at tea o'olock. Tbe prison's entered with bis oounsel. looking about tb? same on the morning previous, and took his seat as beftre. by bis counsel, covering bis face with bis band and handkerobief Tbe evidence now being clorrd for tbe prosecution, tbe prisoner was informed of bis rights by Justice Bradlee. as to answering such (locations as be may deem proper. He then gave the iollowlng statementMy age is forty-two years: my wife Maria, forty five years; my daughter Mary Jane, fourteen years; my son Anthony D. Miller, fourteen years; my other son, John llenry, eight years; they all slept on feather bods; tbey were all tbe persons comprising my family at tbe time of tbe fire; I did not see any persons about William Creed's house when I passed; 1 pnt on my ordinary suit of clothes when I left borne for Brooklyn; 1 oannot say tbe else of the main butldlrg of my house; I passed through Jamaiea before sunrise; I was down below the Union Race Course when the inn rose; the colored man who unloaded the hay was a stranger to me; ha oame to me on the ataad when I sold the bay; my property was Insured for $>1,000 on tbs whole-my dwelling house, furniture, barn, and contents; $300 on the house; $860 on the furniture; $200 on the barn and adjoining hovel; $60 on the wagon; $60 on hay; $60 en gTain, if I am not mistaken; the insurance was effected en the $fth day of September, at noon, 1846, In the Dutchess County Mutual Insurance Company, at Poughkeepsie: my dwelling bouse was worth seven or eight hundred dollars; probably about eiz or seven hundred dollars worth ot furniture; tbe barn, empty, la worth four or flTe hundred dollars; the heuse wste built with a very heavy frame; tbe b< use, tbe main part of it, had been remodelled before I sot it. from a meetlns bouse, acood Iran; jura ago; ! don't know bow long it hu been built; I have known It 16 or 17 years; I did not know it before ft waa altered; uaed tbe axe tbe night, before I was going away?I mean the afterpartof tbe afternoon; I am not certain whether I left It at the wood pile or whether the boya carried it in; it la nanally kept between tbe acnth and eaet door of the abed, ae repreeented on the diagram bj Kidert Miller; I raw the axe after it waa dug from tbe rulni; I abeuld anppoee It wan my axe; I waa up and about the barn that morning about, an bonr. before leaving home ; I eat my breakfast that morning in tbe kitehen. adjoining tbe abed roof: I did not go up ataira that night again after erm<ng down; I atrnek the light np etaire; I bad a candle in a cnndieatfek; I left the candle atandingon the table In the centre of the kitohen,while 1 blew H out. During the whole of the above atatement. the prlsoner appeared to be much affected, shedding teara almost the wbela time. Eldfrt C Mniaa aworn on the part of the defence, says .About A o'clock on the morning of tbe lAth inat. I went to bed; I waa alttirg np by tbe stove; I had been leaking op Mr. Berrtan'e wagon; t waa by the sate when V'r Berrien left: the hern of Mr Itiwrien etande eaat frr.m the boo**; I loaded the wagon on tha went tide of the barn: It waa about 3 o'clock when I commenced to load toe wagon; between tba house and tbe barn, about midway, about all rode from tbahouea; I eaw no light of any fire before I went Into tba bonea to go to bed; I eaw a good mary wagona go down tba road; I eaw a one boree wagon with etraw, and eaw bay go down toe; I did not ohaerra any team particularly; I waa trieent when tbe body of Mrs. Miller waa taken from ire fire; there were brick and lima on the body; I pushed lbim off, Jairea Wood and mieelf; loma twenty or thirty brlcka we pnabed off with a rail; Miller's premiere lay abant a mile In a dlraet oourae eouthraet from my reaidenee; wooda and awamp are between, about a quarter of a mile from Mr. Berrien's: If the fue Lad been blaiirgat 6 o'clock I tblnk I should bare eeen It, aa my face waa ptlnclpally In that direction; I waa only In bed a few intnatea before I war called up by Mr. Berrtan on accourt cf tbe fire; when I got up I want to William Ewerltt'e Immediately, and called him np. and waited until he came ont; be llrea about fonr rode from Mr Berrlan'a; we both want directly ta tbe fire; Wrilam Ererltt got there flrat; when I got there, I eaw Si muel Fleet. Joseph Dorlon,and William Lrerltt; Mr. Miller, tbe prieoner alwaya. to my knowledge. liTed together with hi* family very happily and pearable; I newer eaw anything hot peace and bapplnrea In the family ; alwaya eery lowing with hla wife; I newer taw anything amlee; I thought ne a1 waye e earned to like hie eblldten aa well at any man in tba world; be alwaya seemed eery glad to aae them. WituiN Beaaraw eworn. raye?I reside at tba corner rf Trimming Square weet, rn tbe turnpike a little rbort of a mile from Mr MUler'a premiers lu n northweet direction; I married Mr. MUler'a stater; Eid-rt Miller worke for me oeattlonaUy; be ba# been with me irort nf the lime; be waa at mj hooee on the morning of Ike 1Mb mat .loading potatoaa and ontg for market, ba bad not Lata in bed that night, aa far aa 1 know; I W YO NG EDITION?WEDN] . bid bin; I mppoM I got up about 3 o'oloek; my wife bid not been in bed that night: she stayed up to got my breakfast ready, I don't think I wont out in tho yard before litartod; I went out of thelouth-eaat corner of the kitoben; I pawed to my wagon,going nearly eaet. a little to the south, examined my load, to oee all right and eafe; got on my wagon, and aeated myoolf and marled imn rdistely; I should judge It waa 10 or 15 minute* before 6 o clock; I then proceeded to Williamsboigh; 1 sloped at Master'* toll gate, about two miles this aid* Wiiliannburgb; I got off my wagon and went in; se I entered ibe door a person walked In who came after me with aloai of straw; I got to Master's test; this p? rson was a witness who has been examined; his name is Lanpdoo Burling; a* we entered the door, he spoke of the tire: I the a turned to him, and asked him where waa the tire; he then said he though it waa the first house down the road from the sobool house; I raw nothing of the fire before I saw Mr. Burling; I first raw the light of the fire at the top ef the hill, near Kdward Hendrlokson'e house, about two miles f 11 in ni) hour*. Ct??? 'tamitia/ion ? I first (topped at Henderiokson's; my wife bud my breakfast ready for ma whan I got up; 1 eat in about half an hour after; smokad a pipe before and after breakfast; I can't reoolleot where I was when the sun rose; I so d my load to a Dutchman; don't know his name; I drove moderately; 1 Ufd not m l pare any load on tba road going down; 1 have not bean intimate with Mr. Jonathan Miller for a ni-niter of years; i?e have had "uo Intercourse togethi-rfor 8 or !) years; I have not visted his family dnrlng that time; we bad some disagreement about money matteir; Mrs Kveritt and Mr Miller's family |have always been friendly; Mrs. Whaley has i been uaftlendiy with the prisoner's family; she Is a sia'er of Mrs. Miller, the deceased. Wii.lum R. Evbritt sworn, Saye-I married the daughter of Mrs. Whaley; Mtb Whaley was the sister of Mrs Miller; I have been In the habit of visiting .Mr. Miller's family about fifteen months; I never saw anything like disturbance; all appeared to be peaceable and happy; Mr and Mrs. Miller appearad to be very fond of each other frr all I know; Mr. Milter appeared to be very fond of bis children, and wished to have them brought up right; I was at the house the Friday before the tire; I wos there shortly after sundown, and itmalred until 1) o'olock; my wife was with me, and my little son; I hare sometimes staid over night, and never raw any disagreement between Vr Miller an 1 his wife; 1 should cull the bouse pretty well furnished. isitsi-rranitnritiin.? i usee viuieu ine uoukh some times once or twice a week; Mrs Miller always appetted to be beppy; she visited my house occasionally, and evened to be alwaj s the rame The hour of one o'olook arriving. the court took a receis of one hour for dinner. At two o'clock the ccutt met again, and continued with evidence on the pert of the defence. Mary Asm Kvkbitt. sworn, says-My mother, Mrs. Wbsley, is sister to Mrs. Miller, the deceased; i have been in the habit of visiting Mrs. Mi'ler, the deccaged. for about two years; for the last two years I have visited Mrs. Miller sometimes once a week, and sometimes once in two or three weeks; sometimes I would stay a day snd a night; I always saw Mr Miller; sometimes be would be away, but not very often; I never saw Mr. and Mrs Miller have any.disturhaaoe together; they all appeared to he the same thing; Mr. Miller always appeared to think a good deal of his children, and hit children of him; Mr. Miller always attended his wife during her sioknetr; she was ill just previous to her death; I visited the house on the Friday pre? vious to her death; the was than ill, and had been so for three weeks; Mr. Miller was there all day; Mr. Miller that day had been putting mustard plasters on hsr arms; the day before the fire, he went to John Ncstrand's store, for something to put on her arm; he stopped at my house, and I sent a loaf of bread to her, because she could not bake; whenever the ohlldren wanted anything be would always gratify them. Abry Amy Wbod. sworn, says?I have been at Mr. MllJor'a several times; the last time I was there, I stayed about five weeks, except on Sundays; 1 have stayed there at nlgbt. when Mr. Miller was away; I I have known Mrs. Miller to have the axe and the gun taken into the room for her defenoe, while Mr. Miller was absent. Ct otftxamina/ion.?It is about six years sines I staved in Mr. Miller's house. Jotim Doiilon, sworn, raja?I reside about half a ulle fiom the premieea of Mr. Miller; I hare known Mr. Miller lerenteen or eighteen years, perhaps more; I hare reen Mr Miller often dnrlng that time; I oonelder him a pretty induetrieus man ; he is generally at home at his work ; I bare frequently done business with him. and always found him to mean what was right; 1 don't know him to begniltyot doing a dlshonorable set; 1 bare let meadows to him for a considerable number of years. IPThe testimony on both sides olosed here, with the exeeptlon of F.dwln M. Strong, whose testimony is said to be tbat be weighed tbe bay of Mr. Miller at Kast New Yerk, before sunrise ; bat as this witness was not in oeurt, it was agreed by consent of both parties to conolnde and close tbe testimony. Mr. Ralph and Mr. Hadden then made Tery able address to tbe court In behalf of tbe prisoner,and were followed by ihe talented District Attorney, Mr. Lamberson, on tbe part of tbe peeple. Tbe oase was then submitted to tbe eonit at 7 o'clock In the etenlng. and after a deliberation of about fifteen minutes, Justice Bradlee pronounced the following judgment: "Mr. Miller la discharged from custody " A general stir was then tsris In Minrt. and the friends of Mr. Miller mustered around him to welcome hi* reUa*? from the heavy charge that rested upon him. It Is a lingular faot. that Justice Bradlee was one of the jury wh* acquitted Mr. Miller nine years ago. when be shot the negro who came one night to the house of Mr Miller, with a club, to take hie life. The whole case of murder and anon, after four days examination, remains still a mystery. Tlie Examination of Doctor Hurdenbrook, In Rochester* Rochester, Feb. 23,1810. I arrived at this city about half past 8 last evening; and have to-day visited the examination of Dr. liardenbrook, which is still under an Investigation at the Court House, before one of the polioe jnstiees. It has already oocupied seven long days la taking the testimony of a large number of physicians who were called as witnesses on the part of the prosecution, and from mil nvwvoarnTirnn will m nnmW t%t d&VR vnf on I nndar. -Krv"?""-"i "* ? ? ??* ?J ? ? stand that a great many witnesses hare yet to give their testimony for both the proeeontlon and the de. fendant. This Dootor Hardenbrook ia seated each day beside his eonnsel, Mr Sheldoa, and is busily engsged in taking down the evidence of each and over/ witness. He is of genteel appearance, locking quite young and appears to bear toe examination without evincing any signs of guilt; but the prejudice which exists against him in this city will have a tendency to operate strongly against him at either the conclusion of the examination, or at the time of his trial, should ha be tried. Tbls Is one of the most singular, and if all that is said be true. It is one of the most revolting oases which has come before the people of western New York for many years. The Mr. Nott who, it Is alleged, was rdroned, was the senior partner of Natt, Fitch k lliott, heavy iron dealers In this city, and was a man of some considerable wealth, and respected by all who knew blm. and his death ia attributed by many to aa intimacy which it Is stated has for some time existed between Mrs. Nott and tbe Doctor; and tbe testimony of Mrs Nott. who was npan tbe stand on Wednesday, was considered quite favorable tewards tbe Doctor. The large and commodious court house Is crowded with spectators from day to day, and tha testimony has for esrb day occupied from three to four columns of each daily paper of this oity. To-dsy. one of tbe witnesses (Dootor Webster) was upon tbe stand for about five hours; at six o'elock this evening they adjourned, and the examination will be resumed again at nine o'oltck to morrow morning. RtDIATOR. [Tbe following is the the testimony of Mrs. Nott. referred to by our correspondent:? ] u.. r a.a v?-r,_\i? .(pknaas was miscarriage: it occuire d atout 10 o'clock Saturday night; no peraon waa preaent; my hut band became neqnalnted with Dr. Hardanbreek vtry anna aftrr be came to tkc place. I think about two year* ago; the Doctor bae been our lamliy pbytlelan aince I art April; I waa quite Intimate In the Doctor'e family belore 1 became acquainted wltb blm; war In tbe habit of familiar Intereourie with thim;Mr* llatdenbronk died laat September; do not remember the day; Dr. H.'a little girl came to our houte Immediately after Mr* II died; tbe Doctor came toon after, with tbe InteDtlnn of remaining bnt a abort time; my buahaed wlahed blm to remain, thinking it would he more pi* aaant. and be concluded to do re; the Doctor'* oldeat daughter waa then abacnt at aobool; abeeamenp from f.atiandatgna and apent two week* wltb me. In October, while my buaband waa gone to Ntw York ; tbe week before (brtetmaa. abe came to re. eida wltb na, at tbe aolieitatlon of my hnaband and myfe lf; a few dare prevloua to my huehand'a death. Dr. H. trat'c ariangemen'a with him t* remain tbe coming year; Dr H waa In New York nt the aametlme Mr N. wne; do net know that ba waa abaant any ether time mote than n day at n time; I did not. go to New York In the fall: I waa In New York laat June, when Dr. H wae; I want with Dr H.; I waa abeent four week*; want, to New Yw k and retorted and apant aeme time In Albany and Troy; while In New Yotk. I atnyrd at the Aatrr II< nre: did not atay at all la a private family; r?n a'.ttd in New York only one day; I expected to meet irn-e frienda at New York to go to Ylnahlng; waa diaappt'ltitad, na I Intended to apend the tanner it Klocblrp: did tot ttrp at Albany or Troy on my way in Niw Yotk; I raw Mr Crate*, n friend cf onra. In New Yrtk: be waa n room-mate of my buaband at A! tany- Dr H returned with me 'o Trey; be did not rein al i) th?re any lime; left me wl'h my frienda; next aaw b m at Sjtatu'e. wl ere I atopped to aee n friend; did net atop < ?< r a train; I went with Dr H to Canandalgna laat Ibanhrghlng t me; returned the next day; the nlpbt I waa at Tacandalana I atald with Miea Harden hiock at the arhowl. I waa net with Mra Hardenbronk during her alckt eaa; aaw the body after abe wne dead, and aaalated at tbe funeral. Cee*i fj?iai>e?t-T>orlig my btiahand'* alcknean. be oftrn raid, in freaking cf the pain In hla head, It rectU'd aa though hi* h'art wrnld come off; he aoaeI'nca pave Indued aiware to qneattwna. He had for re me t line axprcartd feara that be ehculd not recover, he ermp'a'rrd of a aharp pain In bla ehuet and eevere r,aln In bla lack, waa reetlear nighta. ao he could not alcep 1 he rtccior and my buaband apent n goo* ileal of t.m? together; iry bnrhand bad expreaaed a deatre to lure JUeheatcr on aceonnt of hla ill health, there UK E ESDAY, FEBRUARY 2? VII considfrab'e discharges from ulnar*, to aa to sell

bin clothing; ha wore extra olotbing ou that aooouut. Mr. Hasson vai lu tba habit of panning tha house; Mr. Nott bad spoken of having a* or tua dootor oall htm In to renew tba lease of the bonae. I r-muined at Troy about a week- at Albany three week*. I did not cxpeot to meet Doctor 11 ardrnbrook at Syracuse when I came bam*; he waa pawing bv: 1 did not recognise him at flrat; ha had a bos of surgioal Instrument* with him; I asked him what oalled htm there, and he raid be came to perform a eurgloal operation. When I came home. Mr Nott eaid the doctor had a oall to go to Hyreouse to take out a tumor. Q - Did he ray it wee a friend of the doctor'* who had aant for him and who had resided in New York ? A ?He did not We went to Cananda'gua in the 1 o'olook train, and the doctor Intended to return; my huaband thought 1 had better remain all night; when I get there, June was very anxious I should remain; she bad detained us rome, and just a* we got to the depot, the oars had passed; I wished toretura home. aetMr. N waa unwell; I returned from the car* to Jane'a room; her room mate waa absent, and she wished me to remain with ber: 1 believe tbe doctor went to the hotel; we got home early in the morning tbe next day. Dirrct returned? First heard Ml Nott expreea apprehensions that his disease would eause death, some time in the letter psrt of summer; do not know but I beard b'ni express something of tbe kind in the prese nos of t)r Hsrdenbrook; they generally stopped con fetal n a a h?M t VI v Nlrvtt'a Miaaaau mhnti ha ant into the room; I do Dot know that I ever heard the doctor ray be wee fearful Mr Nott'r dteeaee would prove fatal; be c ure eaid he feared Mr. Nott Buffered mora than we were aware of; newer heard (be dootor exprees any doubts ea to the Dature of the disease. * * ? ? Several other wltnearee wera examined, among whom was Dr I.ewla G. Miller; but nothing of a positive cbtrarter wan adduced. Aa publiehed in our teiegrapblo despatch yealerday, tbe ccuurel commenced suuiiuieg up on Monday afternoon. and probably flaiehed yeaterday morning when the case would go to t!>a consideration of t.tie judge before whom tbe examination was made. The decision will probably be given rood. Court of Oyer anil Termlncre Before Juutice Kdmonds. Aldermen Sterenaand Dodge. 'IK IAL OF JOI1N S. AUSTIN FOK MURDER. fifth 0?v. Fm. 27.?Tbe eourt opened thle coming at half past 10 o'olocb, after which prooUuia'ion wta made, the naiuea of the jury culled over, and tbe trial proceeded with The Court gave its deoisloB thla morning, before the evidence wan gone Into, on the application made yeaterday evening by the prisoner'* eounael, that the prcieautor might be compelled te elect upon whl?h count of the ludiotment he Intended to rely for conviction. His Honor, after citing a number of authorities to show that the application did not time within the rnle. denied the motion In regard to the second application, to overrule the testimony of Mr. Warner, hie Hcnor gave no opinion. Oko. Huusoe called and examined for the defence. ivctiurs id pcriy-urai street, Bear rourm avenue ; is a painter by trade ; wan a member of the coroner's inquest on tbe boily ot Timothy Shea ; the luquest wait bald on Saturday ; witness put a eoat into a pile or eoata, for old Shea to identify the eoat whtoh the prisoner woie tbe night of the oecurrenoe ; i-aw the coat which he Identified aa Austin's; that eoat belonged to witness ; It 1? the one now produoed ; witness wore it en that day ; put it into a pile of ooateln aoorner of the room ; Shea bad been examined ae a witness ; the coat produced here as the one worn by Austin was in the pile CroM- tanmined.?At whose suggestion was this experiment made ? A.?At the coroner's ; t' ere were about seven ooats i In tbe pile ; Shea did not describe tbe ooat to witness's knowledge ; be was asked could he describe the con*, and he said he could; I think he said it was a striped coat. ft ?You ray you piled up seven eoats. and desired Sheatoseleot tbe one which Austin wore? Was yours the first he selected ? A.? No. sir. ft.? Did he take up the eoat whioh is allsgedto be worn hv Austin ? A.?No, sir ; I can't say which he seleeted first; he was told to look through the pile and select one ; he picked up several before be pioked up the one he said was like it. ft ?Oiil he ray that he eould not select a coat that looked like it. and that all he oould do. was to desoriba it by tbe stripes ? A.?No, sir, not to my knowledge; bis attention was not called to tbe faat that my coat bad not stripes on It; he was sxamiulng tbe ooate fer some five minutes; I do not know that the tnfT a# thfa sensst lnnki H1 (Toru n f 1? In A a wllivk t fsnrw what it dor* by candle light; ha examined the ooata more than once; upon the first examination he scleoted my scat; no one went to the pile with him; he was feat reftcnd time by the <'oron??; ?b..r? wm b good strong light in the room at the time; I oannotreoolieot tbe words he used, nor even the substance of them, at tbe tine he made the selection; witness is not acquainted with Mr Austin; knows htm by sight M'Oovxhn examined for tbe prosecution.?Knows tbe prisoner; knows Nesblrt: knew them.ln the month of September last; saw Austin on the 28th of September last, between 6 and 0 o'clock in the erenlng; he was alone when I first saw him; we afterwards met Nesbltt in Tark Row; Smith rhortly after joined us; nerer saw Smith before; he seemed to be an acquaintance of \ir. Austin's; we went to Leonard atseet; we Jot there about 9 o'olook; when we got there, we went nto Wooldridge'e house (the Victoria) and enquired if he was in; we were told he was not; we then left; Nesbltt and Smith went out ahead; we sat on one of the strps. and made a bet of a bottle of wine that Nesbltt aeuld not enter a boose of bad repute near the station bout?; Neebitt proposed to Austin to go in, and Austin objected; the latter sold Nesbltt could not get In; Nesbitt and Smith walked down ahead, to go Into that hours, and got some considerable distanoe ahead of witness and Anstln ; when we got opposite Shea's, a person came running out of the basement and spoke to Anstln ; and said,"won't jou come in and hear a song?" Austin objected ; he asked him a second time, and be again objected ; he then took a hold of him by the collar of the coat and a woman lookd out of Shea's door and said something to the person who had hold of Austin; he told her to go In and mind her business, or soma words like that; and then said to Austin : come In and hear a song; Austin said I will not; he then drsgged'Austln down stairs, at the earn# time saying : come in and yon will bear a nice song; when Austin got to the bottom stsp, he asked witness If he would go In ; the person who had hold of Austin laid:' No.we don't want him in;" they then went into the basement and the door was then shut on tbs inside ; tbev then asked him if he would drink ; be replied no he would not; he was asked three or four tluxi it he would drink ; he was then asked if he would slsg esong ; he said no ; he was aeked a second time if be would sing; be said no; but if you slug first, perhaps 1 may ling afterwards ; seme of th?m then got to ringing inside, and Austin was again asked to drink; be said no, he wonld not drink; witness was standing at this time outside, on the sidewalk; they ware still insisting on Austin singing; at this time great confusion oomusaosd, and as witnsrs supposed, ail had joined against Austin; witness then hurried down to the house of ill fame, wbtre Nssbilt and Smi'h bad gone, to eall them out; went to the door, saw Nesbitt in the hall and called him oat; witness said be expeeted John was in a muss; Neibitt raid he would not go; witness replied you may stay, and then lettand returned to Shea's housa, at which time the excitement seemed to be very greet, from tbe noire within; Nesbitt came up soon after, and witness raid Austin i? In that cellar; Neebitttbea went in. and the; seemed to be jawing away there; Nesbitt, when he went In, says, "wbat'a the matter?" and threw tbe deer wide open, and wicneea then aaw tbe man behind the counter with the tnmbler In hie hand, and ( think flung It at Auitfn. ae It aimed that way; aa ao.en aa be fired it, Neebltt ran out, and Rome of the parties laeide raid, "boys. clore quartern, or nloie In;" the lights were then put out; previous to tbe light goteg out one of tbe persons fired a decanter or a pltobsr, snd fired two or three times after the light was put out; don't know what It was they fired; only heard whatever they wers break and fall on the floar; they were then very noisy and appealed to be breaking chairs, crockery, and decanters, or something like that; witness thi n raw Auttlu backing towards tbe doer, fend twopeisens following; ?t this time I heard the report of the pistol twtee; theo a crowd began to gather frrm all directions in the atreet; witness went towards the station house, and met the officers coming trom It, and told thim to get a light, that there bad been romrbody shot in there; one of tbe offlceis went to the station house and the other went into Shea's; the next thing I raw was two of tbe officers takiag tbe ralior man to the atatlon house, but In doing ao had a good deal of difficulty; witnera went back to Shea's house, and found the officers guarding, and would let no one in; tblnks there were two pains of glass broken in tbs doer; there was a curtain oeertbedoor, witness eteod at tbe time on the walk, about a fent from the front rtep; ihluke, as nrarja* 1 can guess, there were a ball a dot* n prr-ons in the tarement; I became satisfied that tbe panes of glass weie broken by seeing the air drew tbe curtain In and out; beard Neehltt, as be entered the dror. eek a person inside what he waa g< Ir g to do with tbe knife. q._ Was any question asked when the lights were our. and by wh< m ? A-Yes; Aurtin said, when the lights wsra out. what Is all tbls ahont ? q - Did you ?? any bleed on Austin that Bight? Overruled. . . .. q Did you tea Austin after ha came out of the harrmvTit ? A - Yes. sir q - M bat was his condition ? A?Ills fsoe wss bloody ; tbs blood was streaming do?n b's (berks, and over bis face; saw nothing thrown from tbe rtreet that ntght Into the basement ( rsss-isvisrued ? I base not been shown the deposl Don I n ade briers tbe I ( toner einca I made it; I know tbe prist ner five or tlx y>are; knows h io Intimately lor twe years; went to Dark Row, No. 2k; d^es not knew who kept it; It waa railed tlie 1-contain, Staid there sb. ut an hour; drank once there; prisoner disnk a glare (f wine bitters, we went from there to ibe rimer of Broadway and Park Place, at Sherwood's; Snl'hand Net hut were with us; we met Smtrh aad Nerbiit hefcie we got to the Fountain; met Smiih bttwxn Atn end Beskman street*; It waa near 1 o'clni k when we got to Sherwood's; we all drank together at the Fonntaln; the other* drank at Sherweod'e; I did not; we remained there about tbrve minutes; aa want np Bread way all together; 1 Intended to go [ERA ??: " ? " w i, 1849. borne; after we left Sherwood's. we stopped st the corner of Reads street sod Broadway; it wes a drink- I inn place in the basement; ibey all drank there, exsept witness; we eauie out Immediately and went I along Broadway, and stepped into Pintwaux's, on the next block; they all drank there, except witness; we remained there Three or four minutes not more than I fire; there war a little oontusion at this place between 1 the people that tended the bar and our party ' I Smith broke a tumbler, and the barkeeper said, (??a you, I want you to pay lor that," Austin said. 'What are you going to do witn that ice pitcher:" some perton came up. and said to Austin, " don t make any muss about it;" we then went away; thinks It was about 7 o'clock when we left; we then went up Broadway until we came to Leonard street; we stopped at the St. Charles Hotel, after leaving Plnteaux'; it teon I the next block to Pinteaux; witness did not go in; ! cannot say whetber the remainder of the party drank there cr not; they did not remain there over a minute; cannot ray what they went in for, except to drink; from there we started across the street, and went to Franklin street; we stopped there at a bouse they oall the ''Volunteer." nbout three or four doors from Broad- | way; they drank there. I did not; I should judge we rimained tbrie about 110 minutes; after we left there, we went down Franklin to Cburob. and turned down j Cburrh towards Leonard, and down Leonard to Wool I dridgeV hruse; we did not drink there; we stopped thsra about half a minute, and turned out en the stoop, Smith and Nesbitt went down the street; I saw ! tbem go up the steps of Miss Hastings'house; witness and pi ihoner were walking un bellitid tbem, but ha I not got < IT that part of tbe sidewalk immediately in front of the Vlotoria when they got up the efepiof VIiss Hastings' house; when we name in trout of Shea's basement we were stopped; witness wat very intimate with Nesbitt. as much so as with Austin; never saw Smith before that night; saw him thn two foilowiug days, In Leonard; saw him ODce since in the City Hall, 'ha Brut time the ! trial was set down; thinks it w in lu December; cannot i say w ho it wbh that stopped ua iu Leonard atieet, is not certain whether be saw Patrick Shea examined at tbe coionei's inquest; witness left tbe room imme- ' diaftly after he was examined; uevsreaw ['it ink -hie it) kim w dim; one 01 int* ueceaeru s nroiuers was potnlrd out to 'biiu, but which ol them he doe* not Kn ?; mw John Shea. Jr., who was examined here as a witness, hut never taw hiin before; doe* noa kaow whether he was the in an that stopped us or not; the men who stopped us was In his shirt sleeves; I would uot know bint if I ehould see him; it was dark at the time; I was about two or three feet from hltn, I should judge; he stood a couple of minutes asking Austin to go In; I saw bis side fuce as soon as he got on the side walk; he took bold of Auitin; I then looked round at him; l did not notice bun much; I stood outside Austin on the walk, and stopped there until he went down; the perron who stopped us was a young man, bare headed, and In his shiit slteves, hie hair was dark; when hn got upon the walk he asked Aastlu to oonte down and bear a song; Austin said he would not; be then Cook hold ot b>m by the collar of the coat aud repeated the woids, " Will you corns down and hear asoog?" Austin still refused, and bs pulled Austin towards the basement, and Austin still kept bank, but he got him on the edge of the steps, and with a little jerk brought him down; Austin did not appear to like it, butshowed no passion; the door was shut at the time; witness did not look at him; after hn got him down be still kept bold of htm, nod with one baud opened the door, and pulled him in with the ether; the man appeared to be about Austin's height; Austin did not ask tae to assist him, and I did not think it worth while to interlerw; Austin kept his foot between the door and sill, to prevent the door from being shut; ton man then drapged Austin in, and shoved htm In the corner; it was the lower corner, towards the station houaa; Austin kept repeating that he did not want to go in ; cannot tell whether he put forth his wholo strength to prevent bis being taken ; In the whole operattoa between Austin and the young man m'ght be about one or two minutes ; witness stood in the same place all | ids lime ; ?>w no one come out except the man that pulled Auettn in and the woman tnat pat h?r head out ; I cannot tell whether ahe wai an old or a young weman; heard her voice, hut could not dletlngulsh what ?he aaid ; 1 think he replied to bar. " go about yeur burincaa," or " go into the house," it was either one of there he raid ; when the door was abut I went in lront of lie rtepr toward* Broadway ; the Urat thing I heard raid Inaide war, ' Won't you have a drink ?" It aoundrd to me like a male voice ; I could not aee any one inaide after the door was cloaed ; white Austin and the man who dragged him in were on the aide walk they were ringing Inaide moat part of the time ; when the dcor war abut the ringing wae atopprd ; they naked him aevrral timea to drink, and he replied eaon time he would not ; they then aaked him if he would not eirg n aeng; tbia waa before the einglng was com mrnced j after be had got In be replied he oould n-.t aing ; he waa arked a reoond time ; he aaid he did not know but he would after the perron who asked him had hlmaeif rung ; they began to aing then, bat I oannot tell the words 01 the tune: it waa pretty loud; when the reog wae over they arked him again to aing ; he refurtd, and then they commenced jawing; tne jawing was pretty loud , never iimrU the worde " *bot boy" and "erors boy" until he heard them in Court the other day ; it war not over half a minute after they ail commenced talking when I went for the other two tnat had gone to Mlrs Hastings' : 1 waa a kind of Jrald to open the door and look in: did not know the station bouts was in that strsst : I walked to Mlts Hastings' at a quick pace; 1 saw Neshltt In the entry through the blinds ; 1 did not sen Smith ; Nesbitt was talking to a girl In the hall; he refused to come with me, and I oame baok to where 1 was before; I don't think I heard anything said; after 1 returned Neebitt oame there immediately after, and went down; I don't think they oommsnoed singing again after Neabitt went in; up to this time be threw the door open; I don't think I heard any glass or crockery broken, hut before I went for Nesbitt. I heard something like the rattling of chairs; after Nesbitt threw the door open. 1 saw the man behind the bar with tbe tumbler In his hand; 1 did not see his fao*; I only saw his hand on the tumbler; I don't think I could seehisfaoe; I was too elevated, I saw him Are the tumbler towards Anstin; it did not bit him; Nesbitt was outside; he came ont as It was being thrown. Tu (As Court? 1 eonld only form an opinion as to whether the people In Shea's house were tntexloated or not, except rrom tne nou* and loud talk at hie front entrant*; they did not app*ar to ahow any angry feeling; I judged that waa after lie refnied to drink that the angry feelteg commenced; the man with the ren ablrt appeared to be drunk; I don't think our party wae drunk enough to plek a quarrel. To a Juror -When 1 heard the pivtol, Auatin atood ooteide the door way; did not aee the Uaab; doe* not know who fired It; lie no female there. To the Court?Saw no piatol wi'h them that night; newer aaw on* with them before; after Auattn oame np he went tower da the atatlon house; there wa* blood on bl* cheek; I remained to aee what the excitement waa about; I heard aome ene ery ont that a man waa ehot. Direct examination retumtd? I aid not atate to the coroner that after the lighta went ont Auetin oame outride tbe door; 1 did not aay before the coroner that the man with the red ehlrt came out after Austin, and etruck bim with a chair, breaking it to pteoca; but I now reoo.leet the otroumatanee that the man came out and etruck him with a chair; but 1 did not ray he btok* it to piece*; every thing waa done there ro quick I cannot aay whether it wae before or after the piatol waa tired; I awore before the ooroner that Anatin waa etiurk ontbehg with tbe chair; I recolleot I awore that in a halt miaute after Anatin waa atrnck with tha chair, I beard tbe report of tbe pistol; but I correetad It afterward* by atatlog that 1 oonld not tell the time, it waa doae ao quick; I made the correction when tbe depoeition war read; tbe correction waa thie: I raid tbat everything wsa done ro quick I could not dtatinguleb tbe tinie; I raid ao te the Coroaer, but I don't know ibat he took tbe correction down; i did not twi ar tbat the report of the piatol cam* from the atrret; 1 awore I thought it did; 1 think An?tln on tbe second rtep wben be waa atruok with the obalr; I cannot positively ray wbetber it waa before or after Auatin war atruck with tee obalr I beard tbe report of tbe piatol; at the time Auattn waa atruck with tbe chair on tbe leg be was facing toward* the door; I aald a g'Od deal b> tore tbe Corurer, In explanation of my teetimony. wbich waa not taken down; the Coroner told me tbat what I bad aworn to was taken down aubetantialiy o< rrect, and upon tbat aerurano* I algned my demolition. Jiun ICrvwviiv?lorn, ithvilrlm' rpaldea in Duane streat; knrwa the prisoner; '?? htm first to know htm tha night *t the occurrence; law him In tb? station hone*, In the Inner backroom, about 10 o'oloek that Light; upon examining bim I round ha >u bleedleg profusely from wound# on hit fsoe: ha appaarad to be much agitated and oonfused, aa if something had happened of whloh ha bad not a distinct Ida*; there were a number of wounds on hla head, two of whloh weir mi in important than the rest, one of whieh woe on bio forehead, wblob Is still visible; It waa an inch and a Lall in length; It wan an Inched wound; the aperture on ike rim < ( the hut now produced, if pressed down, would neswer to tha- part of the prisoner'* forehead on which this wound is; I think the wound cculd not te made with anything bntaontting Instrument; It denoted considerable violence In It* In tt ctton; It sffet wards became exceedingly sore and painful; thinks it waa two or three weeks before Itwaewell; I found rcntusii ne or Iroitea about different portion*of tie heart; tbey were located principally about the for* part, of the head; I thought upon examining the hat at the i me. that it rtqunad cunslderab e loroe to out through a for bat, it being animtl matter; I think tba hires which mllicted tha contusions must ba gleen with considerable fot eg, to produoeanoh contusion**# I lci nrt on his h> ad. I think I no iced a wound behind tba ear; and being near the ear I should suppose it woold effect hla hinting; I found another at the angle of tha month on the right aide; it rut the flesh taroagb; I put my Brger tbr? ugh. In dretslag It; It was neceaeary to Co no; I don't think such wound In that, location could he given with a pitcher or a tumbler; It took, aa I tbmk. tha stir e lerg'h of time to heal a* the other: I dlrcovered a wound and some brulees on one of hi* aims; they Indicated more blows than one; I think there were one or mot# bruises on the breast, but I am pot positive; there wae an Injury on tne noga; it was a contused wvuod, i n tha left side of the nose, they all sppeatid to be teaenriy Indeed. after he was balled, ana w> nt io bis residence. I attended him; I don't recollect finding any Injury on his leg, I think it might be after he got to hi* r wu hours that I discovered the braises on Die aims; the wounds on the body I did not think sertons, end. therefore, my attention was not to much directed to tb> m as to those on hi* head which I considered serious; I think the prisoner was from foar to six weeks indisposed. Jniht ( outl-I attended him most of the time,ttU be weat to tha Tcmba. bat not altogether for Ukoaw la- i LD. TWO CKNTS. juries, but for onother dl?tinot cause; he was subject to a rtolent dysentery; iny tiniir?.?ir>n ' that h? bad pot whiskers that n'gbt; I recmlent hi* oalllng ?T attention to some injury about the right war, but whet It ?u I don't rseolleet. Croti- rxaminrd Hm practised In thl? elty for nearly twenty years; en tno eed wound 1? n eat; n panetared wound !? from n thrust; and a contused wound is from n projectile ? H - Could not n sharp tumbler or deeanter make a enter no Incised wound A-I think not; them would be eonta*lon about the wound; but If the tnmbier or deeanter w?a broken In the first plsoe. end the broken part cooile* In eontaot with the person aimed at, It would make an 1 noised wound Q.? How dsep was the wound ? A - I think It went to the skin next the bond, btlt not to the bone Q ? Suppose a pitcher broken over a man's head, would that make any of those wounds yoa hum spoken of ? A.? It might make the contused wounds, ti ?Could the w?und on the mouth be taade by* blow against tbe teeth ? A - It might; or it might he made with an oyster knife, or some such Instrument. - If It woe made with such Instrument as yoa say, woumi 11 not nave (oik further rule the mouth and Inflicted a letter wound 1 A - That would defend on the force with which the blew wee giTen. ihr Cotn I?In reference to thie whole afTVr, whet InafruineDt do you think infliuted that wouud ! A ? I reuni't my; my Impression at the lime ?M, If one perron Inflicted both wouud*. that one was tlven by a out, aud the other by a ?tab. The Court here adjournrd Thxtlflcul ?nil .11 lineal. Bewcav Theatre?There wae an liumen'e house bare laat evening, attracted no doubt, by the novel am momenta whloh were presented. The bozoa, pit aad Rulliry, w?re one deoae masa of apeototors, and real waa (be enthusiasm which prevailed. The flrat I lea* wan the comedy of" ,V*r? Kng igementfr " whloh I eased < If wort admirably, though eooth to ?ay the kudlmce reeoied to be rather lmpa'ient tor the grand feaiuie of ibe night, aud when the curtain roae for " Tom end Jerry." tb* ubeermg ? great. Thie barlerqne he* hern fo often played. thai every one knows the story, the country squire miming to town, to a?e "life," with kia knowing toivobred cousin. Stevens wea the Jerry, and played very wed; aoil all the aoenea, the hone rale, the Mreet row, the watob hnuae. the acere among the beggar* Including the famous danoe of Uuef.y Bob and African Scl. were highly applauded; but when Tom Informed Jerry that the next place they would go to would be the boxing room* of Tom Crib, the excitement got greater than ever aiuoeg the audience. At laat came the roene, and forth atepped the men ci aeirnee. Tom Crib who waa r-pres-nted by Mr Tbomus Hjer. wad received hy three times three, ard several minutci elap'ed before the enthuaiem of bin reception aa to allow of the ptroe being proceeded with; flaally quiet was restored, only however to be broken again on the tntroouction of Messrs. TbompH-u, Winrow, aad O'Doanell, who represented the tarts of Crib's asFociatee. J be aceue which followed waa very interesting to thcae fond ol aucb scientific displays Messrs. Winrow and O'DonnelJ Art displayed their abilities In the way of self defence, after whiob Messrs liver and Thomson bad a trial of the same. Their gloved hands flew about one another a head* and ebests neett* martly, end all proved them*el>ei Rood and true,men. Tba drama of the'* Mill of A'dervnn." eono'uled the per fern nuces. The same bill will be repealed this evening. Btoiowiv Tii bat an.?The new patriotic and historical national drama of ' Kate Woodbull," written by C. Edwards Lester, Esq., was announced again for last night, at this theatre. This Is a plree presenting various highly Interesting tableaux of tome of the events of the revolutionary war. which are brought forward upon the stage with considerable effect. and are very interesting as pleasing recollections and brilliant repreieatations of ihe heroio age of American chivalry. Ths language of the play Is beautiful, and most admirably suited to the national and pattiotio character ef the piece, while it is eminently oulcnlated to draw forth the wfceost enthusiasm of an American audience; though we are Inclined to agree with tba general voice of the critics, which seems to bs unanimous la saying that the gerius of the author ra gbt perhaps have produced a better drama. We leern that a grand legendary musical speotaole is soon to be brought out by ths talented management, in a style of splendor similar, If not squal to, ' Monte-Cristo." National Thbatsk.?The opera of the ''Child ef the Regiment" was again played last evening, at thin bouse; and the never fatigued Mose once more took his departure in the good ship Humbug, for California) and on arriving there went through all those serio comio adventures in the land of promise, which hava so amused the friqnenterg of this hou<e. for M?r*l wc?k* pest. Wo have ho frequently alluded to the poluts In tble piece, that we refrain front saying more than that (tie decided); the meat amusing of the Mree drama* jet produced and moreover, entirely free front thoae rowdy tendencies which the othtri hate, perbape, too far Inclined to To night, the very laughable farce of " Simpson fi Co." will he played Ant. It la a moat amusing piere. and the quandary In which poor Simpson t W B Chapman) la pat, by the peeeedilloes of bis rakish partner, make the honee res tund again with laughter. Mrs tVeodwsrd and Mrs Isherwood, too. as the mistaken wives, aot capitally. Tho domerttc drama of " Woman" will ooneludn the performances. In this piece, Messrs Mo far land and TVton bare excellent parts, whio'i. tbey play wall. Di'?tos'i Theatre?Last evening the "Fast Man" and the "King of the P?aoocks" were again performed at this theatre. The house was well attended and the audlenoe highly pleased. The One sentiment of the comedy, and the grand spectacle presented In the extravaganse, gave generel satisfaction. A fancy dance and a pat rf? drux were greoefuliy executed by Mlse Wsldegrave Mlse Welters and Mr. Frederick. It wad an elegant display of the -'poetry of motion," end waa warmly applauded. BioiDwir Cisrtrs.?The unfavorable weather appears to have no effect upon toe attraction* of this agreeable place of amusemeot, which la ntuhtlr AUed with wry taeblonable audiences The estraordlnery performance of Mr. Sand and bit two elegant toot; tb? beautiful borsee of tbe company; the illimitable f?tt? of the icuyin of thai -everything wont off last night wttb the usual round* of applause. Messrs. Stout and Hankie*. in their wonderful aot of horsemanship, w< re really admirable At for tbe alowns, Gardner and Pentland, they delighted the assembly with tbrir epiey, comical and farelaal delineations. Tbe whole concluded with tbe -'Pony Raong, or Union Course in Miniature," which elicited math aoolta*e. Tbe oircut of Messrs. Stud St Lent it tbe mott orderly place ever established In New York, and deserve# great patronage. Christy's Miiyitrkli ?Tbe new burlesque of tbe "Voyage Muaioale," produced now six weets ago, by these talented minstrels, has bad a most glorlooa ran thus far, and tbe probability Is, It will continue it# triumphal career for many weeks to ooae. It la one of the wlttl'tt hlca we bare ever beard, and oape the climax of all their delightful performances. The remainder of their programme la made up of their usual admirable selection of Ethiopian music and danelng. Niwtisinss Ssas:nsosss.?These performers loom up large in the way of burlesques, as they perform no less than two grand ooes every evening vis., their latest one, the ' Musics! Pa nor-a-ma," which haa been so much admired, and their evyr-plaaslng one of tha ' Italian Scenes " Master Ole Bull atill keeps up bin name as a most aplendld viollnle'; and Hweine'a bona* rattle as melodious y as ever; wbilit the united voleen of tbe company give tbe various Ctbtoslan melodies of the day as tastefully and barmonloualy aa oan be. Chivrs* Mrsrt'm ?Tbia collection la full of wonderful curiosities? that Is to say, they are aurlositiesto the ptople of this hemisphere, as is everytblog tbst oosaes from China, about which country so little Is generally known; but besides mere curiosities, this collection e> ntains specimens of almost everything In ass In social and domsstlo Chlneea lite This museum, In fact, pre set, ts a peifeot plotuxe of the hablu and customs of the Chines*. Barney Williams la at Rochester. Later from Venezuela. Dates to the 2d instant, liom ^Puerto Cabello, were received yraterdtiy by ihe arrivnl of ihe bark Thomas Dailett, Captain Dill, at Philadelphia. Captain D. reports that at that date the authority of Munsgas was undisputed. The constitutional forces were, in several skirmishes, defeated with great loss. The capture of the American steamer Scourge, by the government authorities, ofl Maracaiho, will lead to hiuh trouble and expense, as the damages are laid at a large amount, nnd the trial whith is now |*noirig will resuli in a verdict lor the owner. Pusinr.s continued dull und unsettled, as serious divisions were taking flaee between the friends rf Msnsgas, who were n*pir>int* for office. We copy the following letter liom the Philadelphia ?"rr*i*g Bulhtm:? Pt'BiTO CiBti.LO, Feb 1. IMP. The latest intelligence teceivkd here from Vlaraoelbo repr.evnt. the aw.horl*y of Monegas. as President of the republio ae indisputably n.tabll.hed, In addition to prerlooe eoaflieis, of which yen have heard, there have breti .evend recent tkirmlehes, is a'l of whtoh the constitutional or Paei forces were defeated?to it'tte eeees with greet loes. The oepture of the Kurrlcan .t.emer Scourge, by the goverameat fleet, will undoubtedly lead to gr?at trouble and expenee, Dan .g?e have be.a laid at a very larfn amount, aad tba trial Qv.w pending will Inevitably reeult In a verdlet In favor of the owner. of all k'nda la extremely dull, and will eontlnoe so until acme depend.ore can ho planed upon the apparent petsiaceDoy of tba preeant government. It ta pioper to etate that although Monagee aeeaas tow to ba pretty flrmly established. yet ataeag hts oen there are many eplita aad dlviainna that may laoreeee to tnmethlnc "ertoua Applleationa for ffiee bare led to many bard feeling*, and entailer wetter, sot unfrrqaently lead to revolutions In IkMt South American repuklios.