Newspaper of The New York Herald, January 23, 1851, Page 1

Newspaper of The New York Herald dated January 23, 1851 Page 1
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ii. ? 1 |M.V ijhit tilf 1- ? I I * * " ? > ? j_i H THE NEW YORK HE RAID. WHOLE NO. 606T. MORNING EDITION ? THURSDAY, JANUARY 23, 1851. PRICE TWO CENTS NEWS BY TELEGRAPH. CNTERESTINO FROH WlSHlNtiTOT. Debate in the Senate on th# African Slave Trade. Proceedings in tlie New York Legislature. fEHD F* OM ALL 8HOTIOIYI, ?o., 4m., At. TttUHTT-HRIT CONSRIMiS. SECOND SESSION. Senate. BY MOWK'S MAONKTIC TKI,R?RAPH. Washikotow, Jan. '21, 1861. AWTI FUGITIVE LAW 1-ETITlOK*. Mr. Bewakd pres*nt*d two petitions forth* repeal of ?Lb* Fugitive Hlave Uw, and moved their reference, but &U motion to refer wu laid on the table. NATAL ?f?<ir.0N?. Mr. Yule*, from the Naral Committee, reported toack the joint resolution allowing Naral Surgeon*, while doing land service, the name rations as Army Surgeons, and It was ordered to be engrossed. THE STATE UEFARTMKPIT. Mr. Foe-rx.from the Committee on Foreign Relation^ reported a bill to re organlie the State Department. the Arams *la?e TaAiiE-rL?o?i? or cosohehsmek to UPHOLD THE COMfBOMIIE. Mr. Clay'* resolution, directing Inquiry Into more efleutual measures to suppress the African slave trade, |>y preventing American Teseels and seamen lrom en gaging In the trade, and to refuse sea letters to Ameri can vessels trading between Brazilian ports and the western coast of Atrioa, was taken up. Mr. IIale said that in a merning's paper appeared the following article, [which It is understood Is being (signed by many members ef Congress.] Thft ooderai^nod, membori of the thirty- first Congress ef th* SSited lute'. beli#? ,n* that a renewal of footToua ?ontro?ir?y upon the subieot of slavery would be both 4an*erous to tie Union nondestructive ot its weeini no mode by which iuoh controversy can bo a> >?ded, ?* lTi,t f>v a strict adherenee to the settlement thereof effected rAhVeoiVrom" acts name* at the Inst .eMumofOua eress do hereby deelare their intention to manoain the s?14 StOementUefelftM. '""1 to reei.t all attempts to repeal or "tor the acts aforesaid, nnless bj the general e?neea? of the friend* of the mea?ure. and to remedy such evils, if any, as time and experience may develop; a?d for ^eperpo.e of iuak:n< tins r?*'>lution rfleetife. they farther declare that they will nut support fur the ot&ce of President or o! Vioe JP resident, or of Senator or of Re,.r?**ntaUv* in Ooagr***, or .. member of a State Legislature, an7 loan, , of whatntei ty, who is not known to bt oppose* to the *i#t ur bancs ot the settlement nforenaid, an?l to the renewal, m any form, of agitation upon the subject of slavery. Mr. Hale said he did not know but tbat those who ?ote for Mr. Clay's resolution may oome within the ottracision of this document, published to gratify public eurlosity, though he thought public curiosity trould not be Mliofled, until the names ot the signers also were published. He would like to know how this nubject was to be discussed, without treading on ground* forbidden by this publication' llu* was a trad* to be dl*nu?*ed. when th* article traded wat not to be mentioned or alluded to,' If the duties on iron ?as the subject lor would be Strang* ir the article iron, was not to be named How coul 1 the ?lave trade be diseu**ed without alluding to slavery; and 11 slaeery be discussed, will not the agita i_jn be lenewed andali taking part In It be liable to th* os tracism ot tha document' lie had little tear of any auch thing howerer. and would eay what he desired on the subject H* read from a letter of Jame* Hamilton, ef Couth Carolina, written in 1846, to Mr Clarkson of Xneland. upon the subject of the *lav* trade. In which the measur-s adopted te suppress the slave trade, j through the efforts of the abolitionists and others, ?were showu to have been nolt injurious upon the Clave* In 1787 The annual number of slates Imported from Africa 'lid not e*ceed 44, WO, and the mortality ?f slaves during the middle passage was not over nine ?oer cent I n 1*40. the namber of slaves annually Im parted to Ainerl' ?. was over 1?M?00, ty during th- rmtul* pa??age had inersased to %> or TO per rent Mr Hamilton further argues that If th#1 m*a?iir*f t:> prevent the trafllio be withdrawn and the trade allowed to continue in vessels aliordlng comfort to slaves, then bummity would not be shock ed by th?gteat mortality. The slave would th*n be "brought from slavery an 1 darkness at boms and g1**" a knowledge of humanity lie also argue* that slave ry is an ire'itutlon ordained by God lrom the time O Jdoecs and sanctioned by Christ an l his ?P0'""* 11 ' to bring savage* from darkness, and to place them in God ordained and Christ sanctioned the Institution ?as an act so honlble and imploue a* to excite thl* ?reat outbreak of philanthropy, h* eould not see U. lie had long remarked that when the North was p it .to the wall on the subject of slavery, there al-ayt fol lowed an excitement am->ng the pious philanthropist* ?f the N( rth dlrrcted against the horrors and luhu ssaclty of the foreign trade Now instead of nnurn ing orer the defeat ot freedom aad the surrender of everything at the last session to 'lavery there Is an excitement about the lor-ign tr?le He b *1 no 'e epect for such philanthropy which permitted . the bat i It to be lost at home. and then turn* nil ?t? ?nor is against the foreign trade which every body can safely denounce He thought eo|onlie:l?a n.effec'.usl re medy nsainet the clave trade and that *olohg as tbir* was a market, or a spot, where slaves were bou<ht ?cd sold. ?o long would the trade continue If colo jiiiation were to prevail her-, h* wished to know whether it Northern or Southern colonisation He had *< en colonisation ag?n'? at th? Nnrth pi >us jnen who lerUred it was the only effe itual mad.- of lidding the country of *!avery, an 1 he had seen t he {southern tale of the ?am? agents, which averred that It fai the only niftM ti? prftt^ot u* a^aiu I the n*ii ? anoe of a freo negro population. Mr Oi ?* uik*d lor thi reading of th* resolution ^*llr. 'oi.av then aros* and said that the reading o? the resolution was the be?t answer to the sp-ech just io ?de. The resolution was one ot inquiry merely, and was founded on Inf rmatlon commuui :ated to the Sena'.o in th* publlo document* called lor by It. The suhj-ot of Xhe slave trad* In Amerioan ve*sel< between llrasll and Africa bad been the cause of various yora'auni cat Ions Jtom American ministers? M-s>rs Wis* Tod and others 11* then d# tailed th* m*le by which Ameri can vessels an I namen were plaeel under the protev :lon of the A meriran flag th-ooly Bag which p.otec * them from the right of search, anl suojes "fully tak-e them to the coast of Africa for oacgoe* of slaves All ?ur agent* n Hraiil ar- rlgh' In saviag that th?se ve< jels have n" other trade with Af. a and reu >mmend that they be deni- I sea letters au:V>rtiiug them tot?ie protection of the American flag This resolution d . 1 not all >r <1 an opportunity to renew the agitatloa if islav*ry. Th- re is a wide distin -tlon between domestic elavery and the foreign slave trxde. No one mcrethun Mr Hale kaows that the a^ltatl a was n|w?, . eonflaed to domestic slav.ry and that the resolution wholly xelates to the tvrMgn trade on which no diversity o| ?Pinion e*lsts As to th* publication In the morning carers be saw no connection between It and this re.o lutioa He openly avowed hlms-ill as oaa of the sign s-r* of th? t paper, and hi* Intention to % Ihere to itl l.rmsso tar ae he was called upon to do so Mr focni said that h* was *<in?ew,iatlmpll?ated In the Publication by Mr Hale The purport of that p?bli '? tlon was that 'be signers, of all parties bed unit- 1 ?* pi t down the agttat) >n of all *ubje <ts tending to ren-w Olscord *?'tlr.nal strife, and *11 subjects having an ef fect to destroy th* paternal r?lati*ns esteord and onion Of a'l portion* ofoountrf. It we* supp ??* 1 that there W'fe s nl per*ons in *oa* sections wh" ?? -plred to the Presidency. *ad o'hers to high offlcss. anl Ue.-lred torea h tbo*? po*UI< .s by keeping t h* agita tion alive This was merely to warn such person* ir any such d d eilst. that o! 1 part* ties would not hi adlisred to bnt tbat so lar a- the tWl ienc- and er r'.s *>f those who id* tied it e<>ul<l ??* -aerted. S*el persons could not slice* ed *v*n ti> th* smallest ofh ie. The Ch ? eal l this d?' ?te wai out of order Mr. said Mr lull wa* alloaed tjreal the Th* On sin (aid the paper wts real, but th* Chair j could not ray II was out of ord*r till It was resd an 1 Mr. i twvr* tbe Cha?r >aU Tsad the pap-f several tluil ? in print, and even In mannssript. beiore t->- lay 11* would at' have said a word r..<nc- ruing it li?l ns ( not been ? I. .) iU earlle^ slin-rs. Th- nrtic'.. con- | ta i ne I Wm sentiments, iu.-h an atsoclatlon ot di?- | ? imulshe I men In his opinion could pat dowe eola tion Mid 'le believed thst tb?y bad exercise, i an lofl.i- | ? pre al e* ly wpon *on>* thiouBh ? fear "f loss of Olil clal adva- iui-nt ?? read extract* from th - circular Issued b- Uaorce Wo 1 and others of New Y.jrk an I ?eld he wes uot asliamed to say h" 1 , ?with that mavein?nt lie was sorry Mr Hale had d - kounfl' l tb.m Thee m*rely sald_ If aa^ os irej , agitation tlvj routd not support bim W- anl our *louse will SetTe th* L*>rd i? ?.ruin i Mr He" r *s about to reply, and to ellude tii e r sto m*eilti?* In tli* basement of the Capitol, when s?" ?topped by the Chair ?. Mr Dsriee a?k-d tb* y*a- ?t>i nay* on the resolu ' Ion. wM were ordered ? Mr loots would rote for the resolution m 'n? oi iDuuirr _ _ .... ... Mr Jomv D?vi* was In favor of th? Inquiry Ool Vrrrss s opposed the r-soluMon Ws , ad nothing to do with tb* trade carried on by Br sill. Mr Hissks thought It unlmportaut, but would i>te for the resolution, , Mr Hsi.r offered an amendment, directing lurtn?r n'Hiii v into lh* practical operations of the laws to uupiess the slave trad* lie said that the statements f iiet eral Hamilton, which he had rtnd, w?re not hi* wn eonvletlons. Mr Bi una was oppose 1 to the elav* trade but would tote against any bill refusing *ea letter* to rei kis solnr ont of Br*rll. Mr Uamslib oppoHdl Mr Unit I M?*n<liB*?v Mr. Halk replied and a<ked for the yeas and naji ?n bis amendment which were refused. Aftrf further debate, the amendment wai rejected The resolution iu then agreed to by yen 46, nays 0. The following are the Nat?? Venn. Rrntna. Borland, Butler, Jtffaraon D?rl?, Bale, Rhett, S"ilc. Turney, end Yulee. thk reitncii spoliation hili. Waa taken up. and Mr. Bmith moved to strike out the 11th section of the hill, containing an appropria tion for the expenses of the Board of Commissioner* Tbli was to avoid the necessity for referring the bill to the Committee ot the Whole After a long debate, the motion was agreed to, by yeaa 27. nayi 25. Mr. Ri<kk moved to amend, by Inserting " and no pa} ment under this act shall be made to any assignee or Insurer " Messrs. Wh.ih, Buri.r*, and Rt'ii advocated the amendment, and Messrs Cut, Bcrbibn, and Bbapbu> ?v opposed It. The amendment was rejected by yean 26, nay* 30, and the bill was then reported to the Senate. Mr. Borland moved for an adjournment, whlob was lost, by 24 yeasjto 26 nays. Mr. Vootk asked for time to consider the bill. The Senate soon after adjourned. Hsu* of KepnssatatlVN. BY bain's elect ro-chjcmicai. telegraph. Washinoton, Jan. 32, 1861. THK BKPIBIINCT ATI* R Or R I AT I ON BILL. One private bill was passed; after which the Hoan then went Into Committee on the State of the Union, on the bill to supply deficiencies in the appropriations for the present fiscal year. Mr. Romnson spoke in favor of paying the additional olaims in the pension oflce, in order to facilitate the o&rrjing out *f the Beunty Land law. Mr Hampton made a <peech. supporting the Presi dent's recommendation to modify the tariff; and ap pealed to gentlemen to take the subject out of the slough of politics, and regard tt as a great American question. lie claimed protection for Pennsylvania interests. The committee rose, wher , on motion of Mr Batlt, (dem .* of Va , all debate on the bill was ordered t? cease to motrow. at three o'clook. The House then adjourned. From Washington. PRESENTATION OF A MKHAL TO GENERAL SC 3TT THE NEXT PRESIDENCY, ETC. Washington, January 22, 1851. The committee appointed by the Governor of \ irgi nia, will make the premutation, In a few days, to Ge neral Scott, ot a massive gold medal, Toted by the Le gislature for hl? brilliant services In Mexleo. The presentation will take place at head garters here, upon a day to be agreed upon between the oommittee and General Scott. A eolonliation meeting was held last night; Hon. Henry Clay President. U? made a short addrest upon taking the chair. The Itev. Dr. Fuller followed in a lengthy address; and Mr. Stanton, of Tennessee, and Mr. Latrt be spoke warmlyjand eloquently in behalf of the cause. The Piesident, members of the cabinet, and a large number of ladles and gentlemen, were In attendance. A pledge to support the compromise mewures and to oppose auy candidat* for President who is against th?m, was signed, yesterday: by 50 members? mostly I whlgs. The democrats, generally, refused to sign it j It is supposed to be anether movement for a Union ! party, at the expense of the democrats. It It all the ! talk In Senate, to day, Messrs. Clay and Foote oon i fested they were signers It is understood that Mastrt. , Houston, Busk, Clemens, Downes, and Gwin, Senators snd Mr. Speaker Cobb, also signed, and also forty odd | whlgs, while General Cass, and the Nerthern demo i crats stand off The scheme. It Is supposed, Is for a ' Utiion party, which, according to seme, is exploded Several N?w Yorkers have been lobbylag for the Branch Mint, and th e French Spoliation bills? the ' latter, probably, will past the Senate, to morrow. We learn that Captain Davis, the efficient chief clerk In the War Department will resiirn his Ofloe on 1 the 1st of March. Commissioner Kwb\nk, It U mentioned currently, to-day. hat received an Intimation from the President ' that his resignation would be acceptable The reason | alleged is. that he Is strongly suspected ef gross parti ality in two late decisions made by the patent office. ftrnntor for Maiiarhiuetti. Boston, January 22, 18S0. Th? Senate voted, ?'?'? nece, for Senator to-day. Twsnty-three voted for Charles Sumner; fourteen whlgs for K. C. Wlnthrop, whig; and one d -moarat - , Mr. Bench, cf Hampden? for Henry W. Blthop. of Lenox; two demoeratt wereabsent. Kleven democrat! voted for Sumner. It Is thought that thlt will hare no t fleet upon the BWWfc , I'.l. Rrnator for Oblo. Cout'Msi s, January 22, 18)1. The jrlnt resolution to go Into the election for U. 8 j Senator and other officers, has been lost again in the Serate, by the vote of both whigs and dermerati. Th?y have now got all their candidates nominated. Interesting from Hew Orleona. FTRTNKR rAKTlCt'UU OF THE * IRK? ARRIVAL OF IHK'TKa.MKR PHILADELPHIA ? J1NWY LUID, ETC. Niw Ob lk as s. Jan. 21, 1861. The fire commenced on the roof of the St. Charles, too high for the eaglnrs to reach. In hall nn hour, the cupola was wrapped In (lames, ami in a short time fell with a terrible crash. The Are then caught the spire of Dr. Clapp'a chursh adjoining, which was en tirely consumed, with the exteption of the walls. The Methodist church, situated a square oil, caught fire j fr< in the spark i and was eoneumed The buildings adjoining were murh Injured, and the telegraph office was In great danger, but escaped uninjured. About 000 boarders in the St. Charlet lost most of their bag- j g The damage it now closely estimated at about 'lite n? have be?n taken to rebuild the St. Charles, arid the lessees have taken the St Loult Hotel lor ths p,Je'nny Und Is expected here In abont two weeks, and many pertons bad engaged rooms at the Bl Charles on her acnouBl. She hts bien wonderfully successful In her concerts at Havana, and will proba bly r?ach here be the let of February. ... ... The stearrer Htladelpbia. from Chagrel. with3?l pi.??- ng? is arrived here to day -she brings very little gold dust. Another Kntnl (Ifembeal Kxploelow Ni? Osi?.?ss, Jan. 10,1141. News has been received here that the steamboat Brilliant when off Bayon Sara, In th? Mississippi river cellared her duet with a terrible explotion. Three p., lot ttselr lives, and othert were Injured. Kull^j particulars of th? dlaa-ter are m t yet r-relved Tlie ant wae ?ntir. ly new. and commanded by < ?p teli, .le.?? Hart t>he was built nt !*'?? Albany, India- , na ai d waa not surpassed by any other boat on the t* tern waters lo the tpleador of her appe ntmeote. 1 hs nmcunt of dan.y* to the boat It not yet koowa. i llobbcrjr and Murder. Bt r rsi.O. Jan 22 1841 AVut six o'clock last evening, two men went into a jewelry store on Qene#ee street kept by ? German and tuaUhed up tevsral watches, with whi ih they attempt sl tr. s spe They were, however, pursued by the owner, wh-n they turned and fired upon him The ball entered his head, and he h\* since died. Theper pet rat' rs escaped in the Hen irlck Hudson which, trnm adverse wlnda. stopped at Krie at which place they left the boat, and have not since been seen Pc nteylvaal* AfrlinKtrai Society, Atr , Htssism arm, Jan. 22. 1881. The State Agricultural Society yesterday afternoon was permanently organised, and the Hon George Woodward was closen President Addresses were de livered ari l a constitution adopted They met again t i 'i afternoon | Thet'ansl Cotnn)l?*ionere have ordered th" puniie | w Philadelphia to Plttebnrgh t<> he ready for transportation by the l.ith ot February. Interesting Seallisra Iteaia. B sVviMoar, .1 an 82, 1*51 I Kff"ttt are making at Norfolk te ettahlish n lln? of steamers between that city and New York. One citi- i ten has subscribed $21 WO The Maryland Retorm Convention have adapted* Uimber of stringent clsutet to prsveut Irnuds at elee The few Orleans mailt of the lith, 13th, 14th and 1, th are recr Ivel. ? im Mexico, we learn that the whole of Yucatan bai declared against the supreme government The Mexican Boundary Commission left Chihnahua r Pa?o del Norte on the 22d November, where it was n s it fit the American 0?mul ?lon. M xl'Siit who are t?turn?nit from California. ten In ths' t'hev had been rohfce.t bv Am- rlnans P |t, .n ar' from ths has taMII r'eln retard to *he false l*?rlsonmen? of Captain I R ? ftbr fcrl< trsnjer of !'-?! ton. SEW YORK IiKOIIL&TURE. BY KOMI'S MAGNETIC TXLEO&APH. Senate. Ai.sanv, January 21, 18(1. PETITIONS rHKSR^TKD, That the President of the Bt. George's Society may be appointed on* of the Commissioners of Emigration ; that banks of discount and deposit may not be allowed to be used as sarins! banks ; that tolls asaj be equal lied on all the railroads leading from the Hudson River to Lake Erie. trroHTl AND BILL! PRESENTED. The Bank Committee reported favorably an Mr. Morgan's bill amending the general banking law. Mr Mann's bill to amend the general insurance law was introduced, and referred to the Bank Committee. Mr. Suvdea, of Columbia, Introdueed a bill relative to railroad regulation* for oarrying freight THE rOSTACE BILL. The remainder of the aessicn was oocupied by a de bate on the resolution for the paying of postage on documents. Adjourned. iH*mbly< Albany, Jan. 32, 1341. PETITIONS PRESENTER. To reduoe railroad fare to two oents per mile; for the repeal of the Free School laws; for the equalization of taxation throughout the State; for the redemption of country bank notes at par in New Yark. BILLS KtrOKTEa Amending the charter ot the East River Insurance Company ot New York; and the oharter of the Emi grant's Industrial Saving* Institution. The Judiciary Committee reported a bill confirming the title ot the East River Saving's Institution to real ?state, and amending their charter . Referred. Cl.KRl.IMIN EIEMPrEO FHOM IAXATION. The bill amending the law exempting clergymen from taxation came up for a third reading, when a motion was made te re commit the bill for amend ment The motion was lost and the bill passed? Ayes 90, nays ->? NEW TOUR UNITED STATES SENATOR. Mr. Wiiki.m. of Kranklin. olleri-d a joint resolu tion providing I or the election of a United States Se nator on the 4th of February, at 12 o'clock noan. Laid over. BILLS NOTICED. Preventing bribery at elections; to amend the act relative to the more effectual protection of the city of Ntw York from tire &o iiili. introduced. Incorporating the Broadway Savings Bank, NewYork. taxes, etc. The bill extending the time lor the collection of taxes, except in New York, was taken up in Committee of the Whole, read a third time, and passed. The Committee of the Whole then went through with the bill amending the act relative to declaring the Racket river a public highway, (to. Adjourned. The Pennsylvania Legislature. 11 a r hihbu ><iH, J?a. '22. 1851. In the Senate. several petitions were presented, and the nomination* of some associate Judge* were con firmed. A bill was report* d in the House, from the com mittee, with an amendment, relative to the payment of money* due to the Klrst and Second regiment* of Pennsylvania volunteers, who served ia the war with Mexlce. A lavorable report was made from the com mittee relative to steam communication between Philadelphia, China, California, Kurope, aud Norfolk. Court of Appeals. Ai. bam, Jan 32,1861. Mr. Critt answered, in the assessment causes. Mr. Beardtley replied to a point argued by Mr. Crist in the lSrookly n case, other than the constitutional que? tion. Joliu C. Spencer, in reply, closed the assessment cast*. Meteorological Observations. BY MOUSE'S TKI-kOKArH? OKK1CK Ifi WAU SiTRKET. Hi rraio. Jan. 22?8 A. M Wind 8 ; thermometer at 30 above zero . barometer, 36.20 There was a slight fall of scow last night ; thl* merging it Is very damp, warm and dark 8 1* M . -1'resh wind, west of south The thermome ter stands at 21 degree* above tero barometer steady at 19 SO. It has been a warm and pleasant day. The evenirg is cloudy. Rocnksteb, Jan 22 8 A M The weather is dark. * aria, and cloudy. About I wo inches of Knew I'll during the night Wind 4 W. Rain in prospect. The thermometer stand' at 38 8 P M. -The weaiher hs* been fine all day. The ?now that tell 1*.-' night Is all gone. Wiod writ and growing eolder thermometer 38 has been 4S to day . Aunt aw, Jan. 22 -9 A. M. Cold ami cloudy weather, with a prospect of a snow storm About an lnrh of snow fell last night. 8 P. M -It hits h?en plea-ant all day, and the even ing is very mild, clear aid pleasant. Oewaoe, Jan 22-0 A. H Strong south wind, accempanled by snow (which limy change to rain ) Thermometer at 30^. 8 I' M The wind is from the southwert. and the weather is cloudy, with indication* of rain. The ther mometer denote* >17. Srsict'SK. Jan 22?9 A.M. The whether has considerably moderated and be?oine cloudy It snowed pretty hard this morning Ther mometer at <0. 8PM Weather quite warm cloudy and unplea sant It tbawed all day . Wind south thermometer 42 degree* above zero. thi. a, Jan 22 -9 A M Stormy and unpleasant weather. About three IdoIims of stow fell last night, and the storm continues. Wind E .; th> rmometet at 2V . barometer falling } 8 P M -Weather cloudy, with prospects or rata The storm ef tbis meruing eeased about 1 1 o'clock, 1-avlug three inehet of snow. Thermometer 89}? ?btrometer I 29 440. Al*a?v, Jan 22-9 A.M. \ Cloudy. and snowing with a prospect of a heavy ; ?tcrm. Wind S K Thermometer at 35, barometer. > i 30. ISO 8 P M The weather bas been clondy and unplea sant all day with some prospect of rain M ronry in barometer 67, barometer 80, thermometer 38. Wind south, faov, Jau 22 9 A M A cold, windy morning ; snow falling, and every In dication of a severe storm Thermometer at 2V 8PM We have had rather an unpleasant day, it being cloudy and damf . with a slight sprinkling ?f j ?new Wind strong from tte southeast The ther mometer fell to 35 thl* ereoing. ?taLiouTon, Tt Jan 22-9 A M Strong south wind, and snow falling abundantly. Thermometer at SO Qt aear. Jan 22 9 A. M Piercing cold wind from the east, and a snow storm bas just commenced Thermometer at 10 deg above sero , barometer, SO. and failing Mostsi ai.. Jan 22-9 A M A enow storm Is now prevailing Wind?) K Ther mometer at 8 degrees above sero ; barometer. 90. 15 8 1' M The snow stoi m which has prevailed during the dsy bas -omewtat abated. The thermometer lo, barometer 29 80, and ha* fallen siqje morning; wind ?oitheaet. T"*o"?ro, Jan 22-9 A.M. Cloudy weather. Paow fell last night, but it Is now thawing Thermometer at 84 The sleitrhing is good as <ar as Belleville ; above tfcatpla-e wagoning. 8 P M.? Weather mild and spring like 11a* been a very fine day Thermometer 33 t Ceei sc. andOsNtwt Jan 12? t A M The wea'her Is mild. Some snow tell laat night, but it I* now thawing Janasry 22 8PM Weather very mild and snowing Wind west, ther mrmetsr 14 degree* above seio. At Cornwall. Pit? Ott, Iiroekvllle Kingston. and Belleville, at eight o clock thl* morning, a h-avj snow storm was prevaUlag. BT rATN's um, ornri 29 WAU. xTKtKr Wasmivotc' . J an ear y 21- ti P M Weather damp and foggy. Win 1 S' u h west. Ther mometer 48. Bti riwoee, Jaanary 22?8 P. M It bas beea damp and loggy tu day. Thermometer 47 degree* above r.ero. WiLMiNure* .'aanary -- ? P M Weather mild dsmp and foggy Wind eonthee?t. Thermometer 47 Phii.adm mis. January 22 8 P. M. Thermometer 44 bare meter 80 wind southwest. PirtweraiiH, January tt 10 A.M. Weather warm and raining Chicai.o, January -S 10 A M. Weather clear and mild Oi fi r.t a?o January 22 10 A M The weafiet Is warm and very mild with appear ance* of rain. ftrrsmr. Jaanary 22-10 A. M. The weather I* mild and pleaeett Sa'su' s*? Janu*ey21 10 A M Tt rained all last nigh*. i>uf to dsy l? ( with a south wind. Therm' meter 4.V Be "oseoai . Jaanary 22 I P M There was a light lall of snow lest night, and th? ? weather wa? mini end Vefy warm lit! HAM bwt It I bas new psrttaily cleared up Wind southwest. ih?r , mometer 4o. I. ot as i> r . January 22 8 I' M The weather w?s mild ap'i v?ry wsr m up till 1 1 A ' M Thermometer 4o, wind son There wal a I light fall of snow laet night Ot.i t Nf 1 1 i m .'ar.aary 22 I P M. Thermometer this ra rninr 17 above i<o | with a tali of damp snew Thl* eventi.gls somewhat colder, with |ir?<epeet* of more sn.>w gaern* January 22 10 A M The the-mometer stands at 85 degrees above ser > Penv > Jaauarv 22 -10 A M Wind from the north; thermometer .1* New II ?? is January 22 10 A M Wea'her cloutfy end ralnirg The tBermom ?ter 18. IrsvroeM Tan tart tl 10 A H. ti e (ierm^rr e' -r stand- a: 18 and the wea*>< r U cl> uCy and raining. Hsio eeosr .tannery II 10 A M Cloudy siid raining, tkerm aft'i 34 The Calamity In Tvrrnty-flrst street. 0ONCM7 sion of the investioation? the ciiarok of THE CORONER? THE VBEDfCT OF THE Jt'RY. Aceording to adjournment, th? j ury of Investlgatloa net yesterday at the appointed hoar la the Snprem* Court chamber. Coroner Oeer then proceeded to ad drees the jury oa the evidenee M elicited during the investigation. THE C II A ROE tleatlemsn ot the Jury:? A large numbsr ol wlt iikhm here been examined, many ol whom were cho sen because they were practical master buou and builders, and men, too. whem the public nod your ?elves knew were oompetent to judge of the character of the work done on the buildings un tar Investigation; and I now propose to review the testimony of these gentlemen. and that of the other persons who have testified beta re jou, In such a manner as the iaots eli cited may justify. The several master masons and builders who have be?n examined beforeiyou, have very generally united la the opinion . that the work on the loundations of the buildings under oonsidera tion, was not done in a substantial and workmanlike manner. The objections raised against them are th? badness of the stone of which thty were composed; the inferior quality of the mortar used to cement them together, and their general want of width rendered the foundation too weak to bear the weight of the su perstructure above Un* of the witnesses, (ttobert Newton) in his testimony states that he mad* known to Mr. Vlemming. the foreman, the condition of the walls, a few moments before they fell; and that Ur Vlemming intormed him the stone wall was built oa a heap ot mud, and was sealing down, and that Immedi ately alter he talked with one of his men about bracing that portion of the walls which were out ot plumb. This part of the testimony is corroborated by liuxb Train er. a biloklayer. who was called about th? time as stated by Newton, trom his work, and asked by Pleat alog. the foreman, to look at the east gable enl wall1 which he did. and found it tun inches out ot plumb

Ue was then ordered by Vlemiuing to get braces and brace the walls, and that while he was gone to procurc them the walls fell This poition of the testimony Is Important, as it Implies that no person in charge of th<- buildings knew ot the dangerous condition ot the walls, even up to the period ot a few moments before they fell It would seem Strang* that the condition of these walls was not known by tne persons In ohargw of the buildings, when we have the testimony of James Stephens. Hicbard Kdwards, Joseph Decamp and ano ther witness, who testily that tbey were in the daily habit of passing the buildings iu Twenty- first street, and bad observed, from two to three weeks before they lell, that the walls were out (f plumb, and that they saw them gradually bulging until the 16th of January. While on this portion of the testimony I should he doing gnat injustice to humanity were 1 not to remark, (tor the bsBebt ot the gentlemen named ) that it they bad mentioned this result of observation and fears to some one in charge, they might, at least, be comforted with the consolation of having discharged tbeirduty. We come now to the brick walls it will be remem bered that some of tho witnesses, u this portion ot the ftstlmony. stated that the base c urse ot bricks was laid on the side cl the foundati i>s, Instead of b? ing laid on their centres, and t at thU was a very ununual mode ot commencing the foundation of brick walls A few ot the witnesses hsve declared the mortar used on the brick work on the walls was poor in quality, a* was that used in the foundations; while others have Mated, an their opinion ttie mortar here wan a little butter than that ui>ed below It Hp praia, hI-o tri m testimony. that the gable en ), rear aail party walls, wete carried to the height ot the lourlh story before thev fell in and it hai biieu very gene rally conceded. that If the tronta had been put iu be lore the walls were permitted to reach the boignt a' stated, the building would not ha?e fallen. Many of you gentlemen, are practical men, and best ka w it It is usual tor houji-s of this class to be built in the way a* descilbed The question has been very gen e rally asked during thi* investigation f t the mas-er ma-ons and builder* who buy*- testified bcfire you what would have been the effect if the buildings in question had gone on to entire completion (and the wall* renaming as they were, out ot plumb ) would they at any lu'ure time, bare been la dantrei of fall tar? Beverai replied they would have fallen while ? there thought they would stand. Those witness* who bare given opinion* as to the strength and ? lualily of tne timber used for the several tiers ot Boors, have very generally condemned them as unsuitid in every way tor the purposes in tended; while th*?e persons egtmlned who were employed to work o? the several tiers, believed they were ot good material, and strong enongh for every practical purpiae The two mortar makers' testimony went to show that the mortar mixed by them for lb* bricklayers employed on the walls, was one load aaJ a tail ot sand one barrel of lira' and two barrows iull of loam Their testimony ?i< iillke as to the qnautuy of sand lime and loam The testimony of two ot tha bricklayers who were examined differ, in | annul h a" the first declared he had used w >rse and better mortar on buildings in Nee York I whli- the second condemn"! it a* bad. ail 1 heard the workmen about hiui mike remarks similar In meaning In the testimony ?f M r Kmmet. he sta'es that upon the death ot Mr i'sll he made an agree n.ent with Mr Spencer to build the sic houses in question and that he was to adt area, ftom time to tinii-. the sum of ffU'OO on each house. to Mr. Spencer, as they ptogresstd and that a contract was drawn up to thai effect After this, be was taken 111 with rheu mutism and. during tils aickno**. he aent lot Mr Thonifts who wae the architect employed to su peria tend and make the dt.ieiigs on the buildings in Twenty-first street Mr Krnuiet Informed Mr Tno nan how be was connected with the bulldlugs and required Mr TboiTiM tC' give very particular attention to tha su {>arinten4l?g M tbem. w hich Mr Thomas premised t >du le also infeuned Mr Tf emae tha' he should r-qulre cer IKS'-atar uim as payments wera male for work di ne, ai.d let him kuow if thiogs did cot go onto bi* (Mr Thomas'*) entire satisfaciiru Mr Thomas said he "would attend to It " Mr Kmmet occasionally paid bills cn Mr Spencer's cr iers. an! also psi.l bill* on the certificate* of Mr. Thomas Mr Ulencworth was not to hare any *u;i?rint od-nce or power, as to the manner there builoli g- Were to be erected ? he haiing only the control ot the payments of moneys j aa they came due. This portion ot Mr Kmui-t's teeti mony would seem to exonerate Mr Ul> n? worth from all biame. The day preceding tb? accident. Mr Iseven Eoit oalled on Mr. Kmmet. and Informed him that the earns which wete beint put into the houses In fw.-nty firti street, were too slight, and the path r par ttlcma j were not of brick bat ol *: uds an I he Inform d Mr. I'even port lie would see to it He Informed .Mr Uleut woith of what Mr Helen port had inlorme I him. tud he iii sued Mr. Ulentworth logo to Mr Thomas the architect, and get from him a certificate In relation to them Mr Ulentworth the n- xt morning g?ve him a note or certificate. The lollowlng day after the accident In Twenty tlMl street, be iu -i Mr Tho ma*, with other* at 1*1* oflloe and asked VI r. Tho mas hi w he cati'd give him such a certificate as h* bad In the face of the accident which had occurred, lie tend the c< rt ideate in the pr sence ot VI r. Tbom ?s. acd he did net at the time attempt to deuy the c?rtiti. cate, and accounted tor th- tali of tne o<illding? by re aeon that the workmen ha f neglected to do wiiat he had enjoined them to d' aud gat- olki rtMMMM ?blob have tx-en testified to by Mr Kmmet. Mr Kmm-t'e festim-ny cl ses by M}ing he bad every ci o!i lenc In Mr. Thoc as. ao lar as the erection ot tba baildi >*s were concerned and thought all war rtgbt, until | Mr. raeeuport Intorme I him of the fa-ts as *tata1 ' Mr ttlentworth s testimony g*es t > sh<>w that b' wrote the letter or oertllirate signed K'n Thomas and pitted the tine, and that It was done at ther*i|U'st and olctalloa ot Mr. Thomas; Mr Kmmet requested L m to obtain a eertiflca'e tr m Mr I h"is?< bee au s of tome Infotmalk n be bid received conci-rnii.g tti> quality ol t be lumber which was b'ing put into th-* hulUli g- in Tv euty-ll.'st street hesou,rotM' Th>m a* tba follow lag day. and found him opn?-tte i*t Pan's 1 t hurrb. they went to* th-r to Mr Ulratsorl > ? of. In . aad while there Mr tdentwor h %*k>d Mr. . Ibimas te sit down and w>lte : oat crilmcal- M-. Th* n.a? r> | lie I. ' V? n caw write It better, j on write It," he ?tpla i.>'d to Mr Thi mas the olge< t to. wtneh tne Certlilcate was required to sa'l ft !b? ? 'her par'i- < me matetlals were gi r d. the obje?| Mr Tbnnx* h?l in ma slgtiitig saiti e?rtia?afe was to k>>| a ttllnttatty on the faec of ttie lett< f and to sbow it su to' en*, up for the occ*?|nn The next no -nlng be m< I dr Tl'oaas rn the ci rner ol tVall and Broal stree ? s ?< i tin ywi nt ts'vrwt In r to Mr Rmaet'e aflee Mr Km nn i asked Mr Thomas how he could give A cer iSea e ot tl at kltd anil Ms Tb mat thea wmt on ani gsr* bis r^asc ii as stated In the testimony of Mr Baasli a* to the censa of tbe till. Mr li leni eorth closed liis ?astlmoty h> saying in the sale ?>f the prog?*t) in Twent> ? first* stie.-t, h'' was to knee bia f mml'sii-ns and nothing more It s<sm> unaet^.a' ; to r ?!?>? the testimony If tbls rs<e at y further M ?? fuse 'Hi bodied n?arl ? every fs- t of impoitance ?bicliw?ael I dured spdt the Itqlie'f and It remain ? tor UI - tn re aii a few wrr il? upen i h- law *bl h applies s the r?-e , ilpi n ahleh ytt\i areto It nlde (The I'oroi er here r-? i f?< m 'he fd v? lume of f be retired Mllsi'" p'g*" O j Mr Th' mee arenid'Bg to I! ? t'S'lwi ry ?>l Mr ' ?? i n-et MdaMtlm embodied le t be COnt t I bets Mr Kmmet nud Mr l*|ie|ieer. s. ? -srs ro ? ? ?? ><? ?ori I Sup* rinfekdlng the entire tNrk "I h es h'liid < 'n ) whom Mr f mwe: pare the entu? chsr.i Mr ^ li fer in the cc ntract hae a;ie?d eitti dr Kmmet t> fnim-li |M>d wot kii- instiip and insferl Is f ? i " i - * i < > . .* Ibgs lb qne>t|r n ioff Hie to conM't?r. l-ortl the s?*l nsi i.y lefnte jc.i h Mr 8|. u if ,h*? H?pl h|s a*re msi.t ai'h Mr Mi > ? r ??'tb frrtfein n Iks eotk a?.il diiTltif I he eli- ti :? Mr Thi ms? std Mr ?r> nr r ht.l ???e liar ? r. ! work i n the well- It ?e- hi" hr t ? ? i *? r btit up la s *? tkmsKllte i 1 ?nb teiiiid nmoei I have now gsn' l> men p- 1 ti b > -lia 'ci t ? l.i l*o points in tl> ev|iie*ee t* ,?n b lore Jon irn which yon are to pif upon ? J ni i?i k i?r I t. I will bntiot t 1 1 In r sHi!, |bst #'inoe * - past jear a nun b r it cn-inln lure curr 1 win r? by buil logs an?! psits biliii 'c" h? * f*;.e,i and a latf fnmbcr of bnman bell ' h?is b<ei sndd My t e re 1 1 >1 I ' ' ? sod tl ft families o| s u port While by li e 1 m nd I 1 ? r WS|,. r. sorrow and want !,*??? K?o ib <? i ? -en - l-i n any cases tbe*e ( ?ii-liiie- it no! th* result o ijo1 rnt cs ?m at I s t ti le attributed to g?c-.. careless ti?se. and an ut?. ilmnatil l?f Us lin-< tif t nose who nte emt'loyed la the se?ersi je| ? ? II rfs t l%b. r In thi dirsatli n and tcarug doen t l> i,.l age. Th? r a uader coa-ii cra ion I* one wh. o lias . .-United In Mv di a hr ot tevtral ot on' Met eittr a1, LIU a .a. 4s nnnibf r k.? urn itfitnki m ibe llnsnitai and t!<s w faera fvcw if??*ar## ab 1 tlWindt rtcrlved from ft ? g mil * and whei 1 b ? sr ? i? , < ti-i 1 ?:< ! tha In f he ti,'d>t 1 f Win' er a bui b? r oi ht l?il- ss fbtnllles h* e I been suddenly defrlfed ?' t r sup, ,' it n >ci><>4 I tilj btooeifs joui ?sl,m il ty to i" iul'r weltppon the teitimony befcre yeu In taking a review of that which had been adduced 70a are to take into conside ration that portion of it which bear* directly a poo th? eauhn of the tall of th? buildings ; and, it In your opinion, any person or persons have been guilty ot Okrtlessnes* or neglect, whereby the death* of Wll liam Illggln* and other*, have been caused. it will then become your duty, regard lea* of eonr?i]a*nce* to ren der such a verdict a* the law demand* at your hand* The Coroner then,read tie inquest held on the body of William Iliggius. and the jury retired at bait paat 11 o'clock, to deliberate on a verdict After remaining out neuly tour boar*, the following verdict wa a ren dered:? THK VKRKHT State ot New [York, city and county of New York. We, the undersigned, juror*, aworn bv the Coroner to investigate the cause of the falling of the six houses on the southerly side of Twenty- first street, between tba Fifth and Sixth avenue*, on the afternoon of the 16th ol January. 1851, by which William Iliggln* and others were killed, do And that their death* were canned by the culpable negiigenee ol William Thomas, Ueorg? Spencer and Kdward Fleming, in ere sting and auperintrnding said building* Signed by the follow ing Juror*:? John Delamatar, John II. W. Berry, Peter J Bogart, Oeorge Qeer, John T Allen, William Tucker, Jam** Styles, James 11 Chapm in Jnmes Webb Thomas T Woodruff. Cbarles Smitbson Sylvanu* Gedney, Isra Smith, Robert Smith, Foreman On thesuggection of the Uoroner. the jury, after ren dering the above verdict, added the following memo rial requesting the same to be attached to the paper*, in order that some legislative enactment might be made in tbe premise*: ? The Coroner's J ury (In addition to their verdict) do most earnestly reoommesd. that the city or other authorities pais such laws or ordinance* regulating the erection, altering, or taking down buildings in this county, as may secure the lives and limbs of per son* cm pi of ??. ecu tbat we feel it our duty to earnest ly recommit. <: to capitalist* and other* ft'iout to erect building*, to refrain from entering into arrangement* with eltbtr incompetent or InefUclent architects or buildtr*. as it is evident the spirit ot speculation too frequently prevails in our eommuuity. William Thomas, the architect. Oeorge Spencer the biiilder. and Kdward Fiemmlng, the foreman, the three parties thus implicated by tbe above vcrdlct were al lowed to remain on the bail already given . The effect nt ibis verdict will cause the whole matter to be laid before tbe next (irand Jury, who may poasibly indict the accu*ed parties for trial. The extent would be manslaughter in tbe 4th degree, which, on convio tion. would involve a punishment of a heavy fine, or imprisonment in tbe Penitentiary, or both fine and imprisonment according to the pleasure of the eourt. Court or Oyer tai Terminer Before Chit i J uatioe l.umouds. aud Aldermen Krankll i auU Delainaler. TSUI. OF DEI.ANV FOR TlIK MtJRHKR OF MARY m'intyre? conviction or ma.nslai uutik in thk '1111XU JiKUKKK ? SKNTt-ICN. THIRD DAY. Jaw. 22 ?At the sitting of the Court. thin morning. Mr Jas M. Smith resumed bis address oa behalf of the prisoner, speaking at considerable length, and citing Starkie on evidence an I varioun authorities in tupport ot bin argum? nt as to the degree oi credence to be |i?cn to the statement of the deceased, which * as offered by the prosecution as a dying declaration. Counsel also ai verted to the intemperate habits oi the deceased, and the violence of her conduct and lan guage towards Delany, showing that she was most likely to have b< eu the first assailant, at it wee ad mitted that she left her bed in auger to go into his rot m tor the purpose of turning him out ot ber house, and lhat she threatened him ii he did not go he should be muidered in his bed by herself or ber men. Mr. Smith recapitulated a portion ot the evidence, and pointed out what be contended were material dia cie) ancits- seme ot the witnesses swearing that the d> censed weut into Delauy s ttoui whilst Julia Uutler dep. sed that she only went to the door when she return* d exclaiming tbat the had be-n stabbel. TLe Judge interrupting tlr Smith, sail that the Dlttrict Attorney agreed with counsel tor the defence, that the prisoner must either be louud guilty ot mur 0. r or be acquitted altogether The Distii.-t Attorney would state his views now in orier that Mr f?irith may apply bisarguineut totheiu I: aaebis (the District Attorney's) opinion that the I risoner mm t be e|t her oouviflted of m urder or acquit ted altogether If thojury belters that death result-d Don the wounds Initiated by the prisoner be wm con ?t' alrjed to s*> that It is capital, but it the jury be lieve that she did not die from th>-se wounds then, un d> r the statute, the jury could oouvict htm of >nu. sau t with an alien. t,t to hill. Ity tho Stat*, in- at of the prisoa-r htinselt he b*s taken the tase entirely out of tb? gr?d>< of manslaughter, hud the verdict Must b" mui Jet or ac^vUta'. Mr Smith resumed in, address and said, as he need not further contiL*- hiusselj to the charge of man- ? slaughter, he called upon Ihe jury to make no coirpro- ' ? isein their room, or sav between themselves that ?? they could not < oo? '?t tlOL'sly commit the man of 1 n. older they w ul i bring in a v rdiot oi assault with ; lutett to kill for the same ingredient should exist in the ujiijd of tho prisoner to convict him of art as. -ault with intent to kill as that^which would convict | h i i.i ot murder Coohsel then arked the jury, did the prisoner a. t like a man determined to commit nur- I tier? 11? was uadrested for the purpose ot going to li 4 ami ll he armed himself with a knife It wa- for the purpose of deleaving himself from the violence he apprehended Inconsequence of the threats u*ed to ?hm? bim by th e de j?-B-ed. If be bad premeditated murder, would be riot have been dressed for the pur pose ct ercaptnu after he had d( lie the deec ' After si io? tuilhrr obs- rvatloos .Mr finlth committed the pti-or-r to the hands of the Jury, with the full as*u rst oc that they would fend*! a verdict < t acijuital It was past one o cloak whin . r Muith concluded, lien the Court took a recess lor an hour. AKJGR.Nik.iN Ob the re?t'*> mblitm of the Court, the District At Uti.'j roe* to * u 1 1 -ip the case lie stood before them as tl.i advocate of justice on the part ot the people, a.'atnrt the ptlsoter at the bar. who !? cha-i;*'! wit h thi highest crime known to the law* He bad no feel itig to gi atity be was saora, like the jury, to perf irm a duty to perform that dut_" not harshly bot justly, t< wn>ds the prosscutlow and the accused llewuid In tl e ruwt apply himself to proposition^ of law c n vlnc ? d that tlo> jury would be go\erae4 by thtm no i at'" r hi * palnlul the duty might be in tli-i.i liar- ' U'g stated tl/s | ..rt inulars o| the use" th*. District At torney said t fat to commit t'ie prisoner they must be s?i lsti> d that d< ath enstu I, that the proslmn'e or eg. eltlrg can" was the wound Infil ted ami that wound was inflated liy the prl n*r, ai. l that the elr cnnistebees uit'ler wLioh tl.? wand wa* inflicted were eecb a* to indicate or warrant the conclusion of pre. b>' citation or. tl.epart of the accused. lOites from the statutes ? fcat e< nstfttttel the crtme r.f inarder J first. ?b* i> e< n,mltted t r tn a pis medl'.a'ed desgn 8ecoo<l ly al.?n psrpelrattd by any act lavolting daager to ai<( 'her snd evlm In,- a depraved nilnd. tt.oiuh with or' i des'gn 1 o take the In- ol an i particular person, ll' Prst ? xpressioo preaaeditat?d design I* msiiee at' Til'.mgkt tb' y are ? (Divalent terms mallae st nthouglt or *n c'ber wer is premedits'ed d -sign I I ? re ar< in law two hit de ot meiloe expressed ?* Hie," (he other iaplled malice" Entire's malice Is | rr. veil f y previous threats lying la w*it k" I m plied msllee is malice Implied Crea the ai t Its. If. and tl.i jury were to take itito n nsldeia'ion all the cir roa stsnces of the rase. tt. Instrument used and the ot n. r tac ' ? sworn to The la e Implies that when an ii dividual dots an s?< calculated to result in dea'h. he c< o Diittxl it for the purpose of ta tine life -the law fa.|los that If a man Inflicts an la^urv frm which ileath ensue*, that he did It ellli the in t-ittcr to do so sii| It remains lor the man cl ?:irnl to >'os tb- e*t.-ruatinc eireatastane i IkeDotilet AiteiBey for ih^ legal Jefloltr^e of ma lice refer.ed to lloscoe's < tlmiaal KvMsaea, pages t l t .Vj an I t'> ?, to l>. an s Medical J artspmdenee t Si;e ?44: and to the ea ?e Of the p. ipl- against ^<>rt r nd coatinned to say, that it without the apprehsnso n ot danger the p'leoner wanton ly H sorted to the ns> o'. the knite. the taw Im plies that he premeditated to la(> lite, if death ensued from the worn ill Inflicted by him the Itimtil eeoa >1 theti referred to th> nature of the ?<ords between tbe patties and the character of the wounds inflicted on the deooase ). and baring applied blni'i It to ti e law of the caee. h- call- l the alten'i :i o' the Jury to the teetlninny and said that poasihty tletr tevir was a c%'e In criminal evidence whete there was such en ab**nce of each ant exery aitaess preeents an unbroken chain et testi mon v. going to prree the crime with wbleh the prf s< *? r 'tan ls chs The pr?^?cuti n wa- de irons of laying 'tie whole esse he.'on the jury tl<-e would hsve eian li ed ''ailaghaa wh ? was p-odnctd for the diteac* had thsy knotrn ot his b. ing tber at t'ie tlaie they ?i old have examined MsrOull only they kr . wliis testtr.ony was nM to he depended on lie Olr. lllutit aoulJ ^e willing to examine everyone who was present at the tran-sct'on he-aaae h. h-ld It to be the Jut' ot a pabllii cflt -r n< ier to supp- ? air Information ths t uiiy tend to the -trulpa'i n of the tsrty a-cuse l Heferr* 1 to Dean's Medical Jwrlspea* ience page ftf sod <sld tha* ?n n s't.r wh-' her the dscea "d was t> ??) ?t ?te i r io' nip rate th o r- ti in fllc n g the lejur;- i? llabl* to th-- con c f the set |r|! i il liosci e's ?'r:tnles' K rlilenc pp 611 "41 J Tt.e tM?f : I 't Att< r-jey then|nii' I to iv 'bat no ingenuity, n > pa!r>- l??e > tt sp -e,i and ??> that talents Icjal scuNI' n si I e'e (n-n"e eonit eff ? has N en faithfully rrn lertd ?> ? e oti??.l ; ? ?> ? prl s< nsr M i li a* I ttnl] ha> lie o'spi o -d s#s (I h ?s-? rot.'e st)d ilr fii.iis att ll' t< I e l.ich be m to I > pro lerslfn of wbi h be is s miniVr Md which te, 14 as ti>at the advocate Is Sht at liber' y t< defrtths niDI ? ft flreith In his lewe't e>i?te. an l ibs 1 he Is take fits tti|i <l.i ng ? ot jtis'i-e are fully ? i ?? r il "S tt . 'rl- 1 ' t the a' tl"? \ Vile- I virv I ng a?.l ?Hle S'l dress the learned g*nt i man cone', it '? I iy s>vlnf tl " the dsID? ate comicth n t a' (cl tie had ar riti ' the law fivt ti ? s < ?! , w ti'ntbs stu i.'s'v proti icns hi th* ctiaos >i :?jrd r w.?s he csv?? >e 1 jn I no provi'ton ot the s a* 'e o utn t tvff ? r e h"h n ?*ef ?? t '.te .ist. r c ? tlcl tofkiii. said th? Dlstrl t Atterwsy. |p conciu lia th^t a?? a a-t liru'.J evct t,e i. il *' a i it! f jutor e? 'o ter.gijJ; f ( { l.U.asn fffp* hits. ail4 tlOT? pTllOU I lailj ot hi rtsti life, but in tisfr <M' ?iia? ?e c.| w ,lt ?. ' !ie ; miin I re; r-?en? 1 a -.i 'n?u .i < > a-K (nstlce at yotir hsnds " j . ?u ao^ ????? n lie ra e waleli ???? : ' warrvnt a d ,b. ? n 4. re .},? t>t istintr t: t-t '.1, f f thai .Jru'd t, it i' ?a ? ' a t? , ti i ? . >.t,l ill eViJlin?<, ti .a" 1 ... .? . '.il?. you will firmly discharge the duty which is imposed upon jo*. It being now four o'clock the Court asked the jure whether they would prefer harlot the case submitted to them now or In the morning. The majority hav lng decided upon finishing the eaae this evening the. Judge commenced hla charge to the jury by aay lcgthatm the remark* he had to make he did not purpose going Into the (acta ; a number ot drum atanoea compelled him to coma to that eonolusion. In the flnt place the oounael on both sides had gone over the evidence, In the next place the oourt In the oourse of the proceedings, bad occaaion to state It* views; he bai now simply to state that none of the conclusions to which he had oome ware removed by what had fallen from the oouneel There Is anotbar reason why he. bad no der Ire to;dwell upon|tbia cane and it was this, when tha case was opened by the District Attorney the court was fain to hope that it would not involve a oase of human life, but aa it has gone on he h*l been pitinfully impressed that it bore a more serious character it wait painful that it had assumed the appearance ot so sei lous a character to the prisoner The case lie* in a vrry narrow compass, though it hat oscupied such a length of ti me iu its investigation It involves but two questions- that the woman Is dead Is not denied ? whether tha set Is marder. or that the prisoner is excused by the circumstance! of the case. Is but one <jueetion Whether It was caused by the prisoner, and whether it was caused by an intention on bis part to take life .' All other matters are be yond dispute. First vis the death caused by dis ease, orwaa it by woun?a inflicted' The application of the evidence is purely within the province ol the jury; the statement ol the rule of law is purely within the province of tbe Oourt The rule of law is. that II a man be aick ot some disease by whloh his life would end in halt a year and that another person gave hla a blow which ha?teried his d.-a'h before that time, he is guilty of homicide or murder, and must answer for the cousequenoea. That this woman had delirium tremens there la no doubt, but whether it slaw h t, or that she would hare died without the wounds is a question for the jury If the delirium tremens was caused by the wounds, und that tbe priaoner luilicted them he is as Halite to tbe consequences as he would be if she died by the abscess which ha* been described to them l>y th* medical testimony. Dr Leutes opinion is cle*.r that the wound was the cause of her death and that she would not have died without It. It they believe l>r l.eute. there is but one conclusion that they can eome to they were simply to inquire what was the cause of death. The testimony which the Doctor has given Is. in all respects uuimp-ajUed, and they were not at liberty to depart from the ?vldence. hut, remembering their oaths to decide according to it Is the prisoner responsible for the death tb> n the question will be to what eitrnt Is he respon-ible' If they believe she has He I not from tbe w-ound* inflicted by the prisoner, than of conrse be is discharged. 80 much as to tha fit at question. The next question ia. it the pri aoner was the cause ot the death was It from what tbe statute calls malice aforethought, or litems ditated design. Mullce aforethought does nut r> jut* that the design was premtlltated tor nan? time b-f>re hand It In very seldom In the aunal* of our orlmi ual jurisprudence that we have ouch casea a< lying in wait to murder The mo<t ot our oases arise freni nud dm passion, and it is not true that a blow given In a passion does not make the party responsible tor murder It is not necessary that the dentin should have existence for any time before the perpetration; it is enough that it was the intention at the time the blow was struck and the ijues'lon tor the jury In. It it wan the Intention ot the prisoner to taks the life of that woman at the tune he struck tbe blow. Where there is an avowal of intention the jury pan bars no difficulty, but. In the Hb?euce ot any avowal. It is tor court* and juries to Inquire into the motive* ot men, an J no to th. ir art ions to see what tbe intention was When we dive down to m?oV motives, we art* com pelled as long as our minds are as finite as they are, and short of omnipresence? we are bouni to go to a mans aofona to infer what his in tentions are. and it they Ix-lievaJ that ke Intended to git e a tatal blow, they were bound to go to bia motives. In thi* rate, there is no evidence of previous quarrel, except what the prisoner himselt has furnished In hla statement. The act hatlf. however, which caused the death is an important t w- It wan Inflicted by an in atrument which could kill the blow being Inflicted on a tatal part It a man present* apistol InM with a ball and tires it at another man what are they to inlet ' Why. that be intended to kill. It tfcey see a man standing on the brink Qt Niagara, with a child by hit si ie, and that he throws that cbild over the tails, what are they to Inter but that tb* tnan intended to take the lite ot the child Now, In thin oase. th- bio w was (truck at a mortal part and they were tj later, like men ot ?en>>e what wan the int-utiou ol tbo prisoner in striking that blow The premeditation which the law speaks ot Is tt<* intention of doing a deliberate action ou another not authorized by law II they understood that this mail hit any such loteu tlon -that is. the malice aforethought wbicatlis la* contemplates to constitute the crime of murder, Iii? re words would In no re*puet justify a killing ? there must be something wort thou that, and it will be neceaaarv to inquire whether there w is any provo cation for the houuclde' It there bad been any atlray there might have been a provocation but ai re tti* e is simply words. The MTMi jittor n-., r*d?rr*d I the f al ui'iit of the accu-ej. and then (aid that th* whole evidence m at war with tbat al.tem-ot Not on* of the witne?*es has been alile to testily to ?uy tbreata. and leave the case totally v .re ol auy t blng b jt tbe deaf re of the deceased to remove him froia her house. The Court toerefora charged tlieia as a mat ter ot law. to aay whether that wa? a suitiolent prom, catim to strike at her la a mortal part Another p< iLt I* that tb* prisoner was In the dark at the time, aad was undressed, be therefore mast hav* gro ped about the room tor bit pocket in which h? oarriei bis kn te ?l:<u the controversy comn?nc?l and arta*d hlmrelt with It. for what purpose did be do so' It war net an axe. which lay cloae at band which he so |. dtny seised up, n but he deliberately armed himself, and tor what purpose' t< defend hiineoif! t> defend biruself agalo*t what ' against this woman turaia# bin. out ot her bouse If he artued himneif toi the purpose It was premeditatlou. aud the law oon Ml utes tb* crime that resulted as a crime of murder . aid tbe prisoner is re*v?nsible for the out It all tula was tb* r* suit of accident, if tb* wounds resulted tiom the wonau throwing herself on the prisoner la bed. why sl.ould th* wrapm b* bid away' i rom thla ttny wculd Inter wbal was tbe state ot tb* prisoner'* mind at th* t,u* Tbey And. by th* evidence, tbe priaooer s tying be was armed. aud threatening to tn :l , i it-, hi | 'miii < tie w ho w ould euter the room and this st the vi-rj time when the woman had reovlved the Icjutles at h.? band. Th* . I udgo remarked with * fne aeveli'v Ob the st a V men I H tka MINM Ml said that all the test uriony In the rase demonstrates tt to b* false and being faie*. tt but tenia to Impreia th* Court with a conviction ol bin guilt. As to th* 4< fence of excusable hnmbild* the law la undoubtedly indulgent a* to the apprehension of a man who f?ars danger frr ni another, but there ns uat be not only f. ar. but lnin.ii ent dai ger If. tberefire, they believed, that In tb.? case tL?r* ?*>. anything to exclt* appr* h*rs.nn ot such danger theu this a"t la joaUtiable It nt what la tin r* la It to excl'e apprenension on hie part' Tbe extent was that he apprehended that lb* keeper of tbe hour* Would remove blui trout th* bouse wb'ch she bH.I a right to do as a perr?o who was disturbing It That, therefore, dlnposee of oil tbe argument as to apprehension. If tb* jury bad any veil grounded doubts as to tbe design of the pri?on-r belns prv?*dit*te<i then tbe> mUlu ae<|Ult linn At tbe r>qii ? st ol tb* jury th* J u lg* res I tbe state mmti t Mr- Mclhtjr* The '.reman a>k?d if they found tb- prinnner gattty of murder or man -laugh' er. aould tbey bod In an/ pa'tlcular degree ? Tbe rs urt reflh <1 tbat th* y should say la what de gree th?y tcuai Th-re are foar degreee of man slaughter 1 bis canuai he manslaughter n either the first or eeci i.u dexiee II mau laughter, It l* in tb* third or fourth uegrr*. A juror lai^utred what Is the paaalty 1 The er urt you lia< s nothing ta do with t he p-aal tv and gi-atlsaien from the ?|Uc-t;oa? yru have as?*d, 1 et oil I remind you that you must not r npr wale* the law. but ac' ai or I ng to jo tr oa lis r a dl?*? ?C ttie ff ti"*qi.snnes and leave i ht coa*e j ji n - s t tt<m all Be who can rule tbem 'ibejurj fb?n retired and at " o'clc. I, eiog two hours in de||h?r*fi >? brought la a Terdln ol maa elaitirhter In the third degr ee The prisoner in ausw. to th? usual cjii - on wh?t he bad to say. rsplbd, I bare beeu t?Mf sworn agala*t at d yoo mi?bt a* well sen I me t tt ? gsllo ?s ai to prison, I am ready to awear U> t ?i?'"iii4?' t n.?d? The Judge f| en aald that ths jury n? I t ?V- n a ia?r rlfal view rf his ca*e and ibe c i ' did not rag-et tbat th<y bad o< ne Iletbensen'nn ? 1 th- pr ?o.i*r to tin prisoament tor the period id t lir * i -mri and am* mi atha Movement* of Dtattf>ywlalk?4 Prnplr. lion II ?l II arj >o I llor (? K I'Hnr t; Col II H Hantlr>i' Harbor. r*p: i D.k'a U nr t? Lieut 0 Gr? M I. * > . .! II Lo iil#roi to r??.l I. M 1 If It!**!' ii "I I ??!#; N R It.'i , ti 0 H" V:?n?tl * n ?oH b. ?? Ml ti .it be-? ?rrl??i tl.ll h??? t?k*B r. I n>? ?t <hr I' in!' n 'I l-l V (' Ktilfftlt, \t '*??? 1' * \ , 0 *h?w f KiiwfM tM ? Mljnr I * \.; I ul?? t-rTl'i rioffli A. 1' Billot) I'Iiii I- ?!?(; I' B?*#f > ? tharapt>>n w?r? ??"n: tli?- *rri?iii? f?"t?r4i?j th* A?t-?r Hon ? II ii Mi Haylnr. I' e C?n?ul to ft iio* I, idyl y ??# Opt ll< %.?rt? I .A .1 T ?'??? t< M ?' W "! >i? .1 ??? H it <n 0 lit* ll?ri'>?'1 II II I ir|p??tr>n .1 W I, V ? B. * (? ii?t.i Mtw R |i-*n? *" K r*?r** * O I* iv I KiJ*. .1 A Oot'.lBt * H.rh ? At I 1 i'o *fc. J?' I > ii" ?T' )?"' ' * ?? ??'!?? I ft ? * Ml I 'I Ni'atelBhU; 'V. n r t . n T Mortii* I f H Ii i 'aIIci. Ii H .<?<' i ?l^if I'tt ?a, I?. P -I ??#', ?l Hi Ii Ii |t ?| tl, ( ttrnf V? l ?n?ll T r, V Mi>ti<.now#h V M li-t ? ? I 'I Itito I *. ft M ) >T CmDWH N..?r llttm; .1 'hr. M r?ln? V>r? it. In V . ? Aln? p ??'??? '?>! . ill IS I) II ii > l?t Wf t ??fl M" | f ' */ M tl r llitt riMftllOtri Tub 0 * K i ?t M.D iiti ' ?Tli 1lo? ol th? ypiiBc *Ul*in? | in pi .uJ l? thl? lnf?? >u* tr?B?. tl"i fen m-?.' "l . onl ?iM ?? 1* nnnl t r !??, i?*m ? ???.????? Met ,.i?or#? Wl*>i|? V C Willi si IU?ilH.'l?Jfc JlUtfll Nut!' J Pa: h ?p.l .InUp !|? But of tfei b ir, 'I til. >?< lfc? | tpmrmmjl I-T??r U.I1M I a j -?:? ? tk'" yrc)Mit?(J| fi ? ? ' s ? > t in ' ' 1 i J i* '."?

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