Newspaper of The New York Herald, December 5, 1855, Page 2

Newspaper of The New York Herald dated December 5, 1855 Page 2
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HE 8TAHWII HALL TRAGEDY. Of Lo.? B?krr (tor the Homk> t<l? or Willi an, Poolr?Evidence for the Oefe nce? nvm day. COCKT OK OTK* AND TKHM1NIB. Hon Judge Roosevelt presi ting, rug peopm vs. borw hahkr. l?rnnn ?.?At the organisation of the Court this mirnirg the Judge said that be perceived hi the report Mr. hum ell la made to say that in the indietnent against roole and Wl/Usm* for an r.ssaulf and battery with in tent to kill. Poole was convicted and WBltania died. 01 courre it shou'.d be Poole died and Williams wan con victed. Counsel said, certainly. It waa a enrre transposition of names. Mr. Clark, for the defence, said?IT the Court please, we propose to go on with the oase without any lot m il statement ot the Cicts, and shall therefore reserve our comments on the evidence until a later hour of the trial. It is our design to now elicit from the wltnesees such fur ther facts an may tend to throw bgb upon th? trans action, and that testimony we wish to elicit from the lips of those who are indicted as accessories to the felon v. The Court said that ihe (Jrsnd Jury had indicted Biker as the piiucipal in the murder, and included Van Pelt, Irving, Moriiisey. i.ynn, and Hyler as aocessones. Mr. Clark?1 do not propose to mrw say a word of Baker's case. It must be submitted to the Jury on the I evidence already introduced and which we will intro duce. But it is my purpose to call the attention of Mie learned counsel tor the prosecution to what must have suggested itself to their own minds. Your Honor is aware that, according to the law of New York, none of the parlies Indicted can be witnesses for the sccu^d; but in some of tiie Western States, without retc. ence to the ounimon law, the pai ties lndic'ed are admitted as witnesses, in order that the prosequi ion shall not exclude from the jury to any ease the truth of the transaction. Hut, unde- the law it New York, it would appear that it is the ruin how linle and n< t bow much, ligut shall be mmed out to th< jury. I am hue in the case of an affray where one of the | artier- Is accu-ed of murder, and the others on the at- nd as w.tn sses. But this can alwaya ho done In a ca e vi,ere innocent parties are iucludod in the same indie' nielli a* defendant, although the took no pail in the af fray. It is, however, in the power of ilie prosecuting officer to remove the effects of the indictment, ami let them be examined for the defence. And even If the prose cuiioy; officer 'should avail himself of It, it was the intent of the Legislature to give the Court the power, the su pervisoty power, to reguUte It so tha'. '.he prosecuting officer cannot exclude all the truth which they have it in their | uwer to do. I wi'l not now say any'.hiug about linker, as a prima facie oase lias been made on a part of the traDsac'ion, which the jury must pass upon. It is a well kn *n l'act, and known to tue prosecution, tint a Coroner's jury was eionanuelled to try the question of I'eole's mnrder; th>-y w-oe brought together at a time of great n-iti ment, and perhaps 1 am not out of the way in raying that some of them were a'terwards pall bea eis at Poole'* t'une st They found a singular verdict, and In ex-ra rdinny I ingnage. While they found Biker g .ilry of having muideied Poole, lliey fun ml Morrissoy and the other- weie aci-esioties. Thin Was done before the ex i s n.en' had lulled, and before the o men had timo to scatter to thrir h< mes ard lindouthotr little they kuew about tiie mat *r. Tne.-e defendants were found guilty long hef>re tbey w fre tried, oi any fair investigation of the facts, wl.nh must Vhiow gient difficulties on the trial of the ease. About ihrt lime I was employed in the case, aid brought it before Judge Cowtes, snd from the te-ui.n ny taken at ih" Catouer'a inquest, or before the (Iran i Jury, ii was chnr thst some of iny clients took no part in the air ay. It had also came before ihe l.ilety deceased and I?iren*ed Judge Morns, who did not. hesitate to say that the conduct of the Brand Jury w as most flagrant, and notwithstanding the oppesiiioo of the ihsttict Attorney be admitted Irving to bull. 1 now prop we that Morris sey, Irving, Va i I elt llyler and Lynn oe discharged from the indictment, there being not a particle of evidence against tin m. The flour'?1 sup pore the reason substantially i< to ask the Court to eirtctu n Me prorapii, ill order that they may be used as witnesses. Dial Is a question vet to oe dcci ed. You do not, 1 suppose, mean lhat t .cy could be vied as witnesses without getting rid ol' tha "indict ment. Mr. Ciarh ?Not at all; hut is a man to be condemned because a Brand Jury ha.' lndic'ed UlmV It Is im ports nl that these persons should be examined, because they hare a knowledge of the facts which, if given in evi dence, wruld set men right in relation to ihe transac tion. The iudtetmenl wss tounil in a storm, and that ?to> m lias paiN'-u away, and wo can now take a clear and dispasiiona' e view ol the subject. The OotlJt?the question for me to decide is, can I sit here to iepeal existing laws, no matter how my own opi nion may be ou the subject* Mr. Clark read pari of Judge Cowles' opinion on the ease and said how fir was living concerned in the af fray? He was notpreseu'. ut the 'lino of Poole's death; he was there at nine o'clock, and Interfered to prevent, a collision betwteu him and Morriasey. and he went home; fsS what was there in his case on which 111- (iraud Jifry could found a tittle of truth to indict him* tfo also to illation tb Van 1'vlt uud I,inn; they straggled in as mere boys, and did nothing except to interfere wit': Pan deen who, it whs shown, wis carrying on a crusade on hie own account. What did these buys do hut endeavor to prt vent a c.<jMolon between I'audeeii and l'Oite* Tuey wete both hit. fend left the house. It there was a run epiracy against I'oolo, why no' pu thein on tha stand* if th>-i ? was tn% van h'll it; hut the prosecution wants to prevent it. If their eiidence would go agiinit Paudten, Turner and Baker, the esse would be otherwise, la it probable that any jury would convict Slyier or Van Pelt' i I.ycnf1 That no part of the testimony goes to irn plicate them, no in'tlligcnl man can doubt. I will sli w the Court hit it was the intention of the T/egislaturo si prevent a party from being deprived of the ncceswy leaMmoiiy for his defence But by tha' act of the (Iran t les'uio-ny for his defence But by Jury, including so many of our neoersary *i tne-sos in the ludietu.eut, it would be prevented if th ire was no remedy for it. Among the acts relative to erimiuil of fences there is one wht h lets , very inan have a ? ep i rate trial. In this case, many of those who ar"> iridice 1 with Baker ? re just ss innocent as any man i n that jury, and who did nut like to be put on trial along with Baker at a in e w'.ivn tncy Hi light a fair trial imp. ssihle; nod he h* - beer put on his trial alone. The e a e other parts of this statute which give great jsiwers to the proeecutiun, unless the I istrict Attomey gives consou'. to have any particular prisoner discharged. I submit tha' P the prosecution kecps^out all the truth, and induces the (imnd Jury t" b.ing in so uuiny pirtles to tho indict, ment, it would be Impossible f ir the truth to c mi) , ut. I will not take the ri's^onalolli'y of saying wh" ar* innocent nr guilty?thst la-tongs to the jury ; but it the pr.vrecu'.ion say* I wid hold ttiem to that they can not be witnesses, ft.i* Court can remedy It, arid take n o oa itself the res|?itniblliiy of directing inno. ant men to be tii charged troni an accusation wiumut one tittle of testimony to sustain It. Jhc iiidictun-ni is pen ling ts tore this Court, and it has jurisdiction over tins matter and over ibu ldstrlot Attorney It is manifest that Baker's d> fence Is that what he did was to defend bim-ell Mm the tnvsge assault of men who lu ended tare his tile wi'h (hearms. tlr Clark liu.o quoted fro the statute, and s.iid it is manifest that when there is not sufficient testimony to put the pa ties on their trial it is the duty of the Court to discharge them. Wilt the pri eecnttng office- say, on hi- honor as a gentleman ? ? man that tlieie is any evidence to put Murriasev o Lynn on trial* In reply to a remaik from the Court, that counsel t ., defence had moved lor a separate t i >1 tor hfa clieut, Mr. Ctaik said?No, t did not.; I proposed to have them all tiled together; but some of tlielr counsel re fu.-ed to have tbtm all tried wi h Bakm : and no nun erm!d*t>m the torrent ? f public pinion which existi against Baker. It was liaker's wi* Unit toe should be all tilid together, but the others refund it. I need not press itie question further. It must bo clear to tb" piosecntinn that they owe some'hin< to truth and ju i tiee, and note-* tlwy can lug -st faltti say that there Is aufiirient to put the partie. in tiiai i -y sti uld at once aonsent totlieir discharge in order h Bit re may have the benefit ot -heir testimony. Tli# Ili-trlct A'torney ,aid ?We prop >**d t > bring ?'l the ], irtles to trial, and I remember asking my learn friend do you wish or n< t to hive separate trials* iVIia' took p see between him ami other counsel 1 do no< kn vr But if our offer to try ttem all wis acc epted, the ouiitin getcy alluded to by mv learned frieDd migh' have op. emreu and It might'have be-u your h mo 's duty to*ly thst the indictn ent w?? so defective In law that you would order them to lie discharged and then th'r migli S've evidence. These ate tacts which wl 1 belaid before e jury, showing thai the prosecuting officer lias a ilg it to hold ih- >e mi-n to the lndlc'.ment; but at 'h?y arc n ?( on trial, this evidence must at pmssnt he shut out. Mr. Brady said he understood that the c-iiin.ei for Irving was in t'ourt and'ha* he never c in-en ted to his being tileal with Biker. Mr. John A. IVvelin. counsel f.ir Irving, said?Mr Oath applied to me to have Irving included tn t ic trial, and I applied to Iritng and he peremptorily refused Mr. Whiting said?we proposed U> try them altogether, and if the gentleman who represents Biker bu t c in ? lifted with counsel for the other defendants, and ob tained their consent, it would have l?e?n don* Th-rs wi* sufficient notice given, and if counsel for th* deb n. e proposed U have some of the others tried flrat. or if they satdit w mi l be necessary to use llyler a* a Wit nes* the court might hav ? ordered any other of tho de fendants to be trial that. Hut! unlerstood th* gen'le men fur the deffiaoe wtsbnl to have Biker tried first. Wo have given no testimony except In relation to lUker, and exclm ed everything dune in the alioe ice of Baker. The only teetimooy we gave In relation to the other parties was to -how w.lh what motive the prisoner went to .dtnnwix Hall. The Court?la the account ot the p: lesediaga of th* first day it is said that Mr. Clarke said Baker was ready tor trial, and owed for a *aparalv trial, ant w*'r d the reading of the Indictment. Mr. Brady *?td -The fact alluded to may he doub' ful, as fer a* I know, from the elrvunstan-e thai I wis not con nected with the rare until recently, and my Mend has more familia-ity with It. Hut I know that your tlm ir a*ked " wa* there a separa'e trial demanded *" and I s il l yea. In doing so I re ne-i nted n ne of the others who were indicted exoeyUrvfng. Mr. Brady went on and made a b*tef but able argunen to ahow why the Court should interfere in the matter, and in the cour** of hi* remark* - aid. the great mistake that was committed wa?, not Itdlctiag ail the pasties ffir a riot, instead of indie'ing the accuse 1 for murder. When the rose wo* brought before Judge Cowies, who I hop* Willie retained on the H*u h whi di he *o mac . adorns, and who ha* alrevly made himself res jested an 1 helovo i Vy the Bar, he cxbibited great Intrepi Illy coolness an I good sause, and did not healta'e lo <ay t'mt It wa< a g em* ?rror in the Crand Jury to have lndlete,l them. m The Court said?It waa a w-'ll established rule of law. wbethvr right, rr wrong, that a defendant in a criminal none atnnct be 'Xamlned (or hiniself nor inn any of hi* ?olleafuee be exanilaed for hlro Whera two o* m ire pa I tlqs are indtr'ed as partleipont* in the aarae offen-* awd the pros* cution ha- announced Its testimony to he through and it is shown that it i* not until lent, and ovi ?, without an tffer on the part, even with mt any "f [ OWV evldeoee for the <lsfen-e as io any part ot the .^hnrtsnt'n condnrt, the Court might *iythi'th?de l^odant, against whetn there *?- Dot suffivfen* evidence, be discharged from the dicteenl, and then It would be Proper to examine htm a wUneea. But in this r?je tie prosecution U going on, not against all the defend ants, but against one oalj, and undwr the rule that no evidence but against thai <1- cudant alone can be re ceive*? And the prosecution ban said the; have pat for ward their whole case as against the other defendant*. 1 -hall assume that sneh a result will follow, and may come to such a conclusion, that the ease against the defeuiiant on trial Is not the whele case as against the r titer defendants. Would It then be proper for nee to give a one-sided deci sion on the evidence against this defendant only.' It may be that as tho defence go's oat their evidence, that It would be proper for the IHstrist Attorney to wil lingly consent to thoiv being discharged; and It might be proper for the Court, In Its discretion, to grant it, and the party might then be examined. I will observe that in my view of the matter it would be more politic for the I egisiature to let all the testimony come in, and let the jury give it all the weight It was entitled to, neither believing or disbelieving all they heard, bnt giving it the w< ijfht which it deserved. In civil casee, under the new c< de, c<> defendants are examined for co-defend ants. But the legislature have not taken up the ciimlnat code, and it remains inchoate, and left us where we wete, sod it is not my ptoviuoe te infuse iuto it my peculiar notions, and jet not my pacul ar notion", f ir hey are common to tnnny. My duty Is to see what the aw is, and apply it. It is not my duty to give an opin ion In the case until all the testimony against the other parliee has cr.me out so that the Court can judge of it. Mr. Claik?Then we will proceed at once t> adduce our evidence, and we must examine witne-ses as they answer, without reference to order. Geo. W. Isaacs was then examined by Mr. dark?I am clerk if Fulton market; lknewPo.de; I know Baker; I was at the Mayer's office some time in January, noon after Mayor AVirrd's election; I went tn with Poole; as we were g- fog out we met Baker in the p*s*agc: Poole raid to me, a? he was facia* Baker, *' I say, old man, how do you thiDk that head would look without ears or nose on it*" I said to him, omite on; lUker -utld to him, ' you had beter let ilia' bead an 1 ears alone"; Poole suid *'1 am going to take that nose and ears olf, and make a pot of soup of that head"; (i.augh'er.) Baker said nothing but "you had be'ter let tlia*. head of mine alme", Poole then put his finger to his nose, anl said, " I'll make you tar to my mutton yet." Cross examined by Mr. Whiting?Poole did not go to the Mnyor's office to make a complaint against Baker: i oole asked me where is that Mayor; I said if he wanted to sco him I would introduce him to the Mayor; I said to him, what do you want with the Mayor* he said, "when I ei.me out I'll let you knew;" I pointed out the Mayor to him; he went into the private office; 1 do not kuow what occurred between the Mayor and t'oole, but '"oole said semt thine about a policeman making a cuipliint against him tor-ellii g liquor od uSuudny; 1 had heard that Ba ker aiul Poole were at variance?that they were enemies. To Mr. Clmk.?i'o lo told mo what lit- business at the Vf > rr . "' " ousiness at ine Mayor's office whs; it was not to make anv complaint ogiiiii.-t Baker; it was in reference to a complaint made by nn officer against Poole for vlolailug the corporation ? _ ordinances by selling liquor on Sunday. James Mcllonough deposed?I lojuie at 170 Fourth sheer; 1 am a coach proprietor; I wi at Stanvlx Hill on i be k4tli of February last, at 12 o'clock at night; I was in the habi' of going ihere evory night, except Sunday's, to t.ik<- In me Mr. Bean "lid Mr. Heigh;: 1 ur-ed to take Poole borne sometimes; J'o'le was there that night; he wan u ? liend of mire; 1 was iu the house about an hour before liuker came in; when I got there I'oole war a little excited, talking ov, r the affair ho had wl'h Morrlrsey; he eaW Morris- ey had "lasted his mut ton once and lio did no: think he would vi-h to tarto it up..in;" Poole. Campbell, It ger oll and 1 w.-re drinking wine at ti e bur when liaker cuine in; that d ink war at Mr. Poole's invitati in. Q. Was any thing Slid of Irish S"ns of h?i? A. Poole siid that "llie )ii-h sou of a h hind tasledofhli mutton am) he would not liso to taste oi ir. again." Q Who came in* A. lUker, furttor, llyler, l.inu anl Van Pel' came In and Pauooen lust; w'ieo they camo in wc were a kind of scat'eivil on the end of the bar; when I'audeen mine in Poole looker! at him with a kind of a dowu look, arid I'audeen scld, "You black muzzled son of a I h, what are you looking r.t'i"' Paudeeu then a-ke.l him "was there any lip lite - there big enough to fight hip.*" I'oole made no reply: Mr. Dean came from behind the bur and said "he would have no lighting in hi-house, and vh&t I'audeen should go out;" Pauderu siid, ".Serve every one else us you servo me?put Poole out and I'll g i oui;" Mr. Deiin went out of d sirs, and war oot for a little space of time; dui irg liis absence I'audeen Hh' ved over and caught hold of Mr. I'oole by the bo it. Mr. Crucheiun, a Juror? IVag Mr. Dc m tho first per son who went out after Puudecn came in* A. lie was Mi. Clark?Are you po i ive of thai* A. I can't bo ihj sitive, became when I'audeen struck Mr. Van Pelt, and kicked at Linn, tli-y went out, ami they may have a me out before Mr. Ilean. Q. M ho wns the first man that interferrud? A. Hyler; st the iiitic that Puu 'ecu had hold of Mr. Poo'e, Campbell whs leaning over the bar between them, and Turner said to 1'oiiTe, " never mind bim, he is drunk, there will he no lighting here;" Poole git round to tho end of the bar next to the oyster box^ Turner said. " if that's . ?, luiun wn, ' II lUSl . you.- game le' u- have it," at ih? same time he puded his pistol out ami,' pie-eoted It over at Mr. Poole; I'au decn did not know whe her to interfere or not; turner ... . v. .iiwiKHo nr u'h; turner caught hold of i'audeen by the left hand, and a" he wis turning armind his pistol went off auil shot hioisclf til tho ?rna; Turnei's coat wus on lire, and I went over scd truth d the tire off h's coat; 1 thought he wa going to get weak, and I caught him and lei hi in down oa the ill or; I L<id hold "I bis pistol, out lie held on toil; at the same lime a bull passed by tny ear. [Witness de scends to the door, and de-ic.ihes his position on Ills kneer, leaning over Turner.] I). Who stood in the direction from which that ball came* A Mr. Poole steod In that direction. y. What was Turner a'tempting to do* was he trying to get out of the room* A. At the time he wa. not, able; be was rather wetik; I should say that bull came from where Mr. Poole st sid; at the time Turner's plntoi won* < tf i'audeen went out, and I did not sco him ttieie after; A nr. I elt and Hyler hud gone out before; I Could n it say positively who went out of doors- af'er Turner's pistol went off, Van Pelt ami Linn arid raudceu -rent out; at the time I'audeen wen. out I'oole was standing liet ween me and the door; I don't kuow who wen*, out after i'.ni dten liecause flue tin e elapsed. W AVhcre did you go* A. At the timo the bull came ro close to me, I took Into tho cloiict. (Poole's cast pro cured.) 1 ci n't say I ha' Ihe-e lnles in the sk'rt we in rlie ring" of lb" shot ihs' came by mv n- (u j -ted to.) At hon I looked out of tlio cl jset I saw u ii on the lloor uiulor I'o. le. and Cy. Shay and Jake Aci-son standing near, and all of them firing; Isuier wasscandiog lit tlie counter; I don't know that rhey weie tiling at Pakpr; 1 -aw Intlor and i'oole ranking to varils Baker; up to that lime Paker ha>l dooc nothing; the next thing 1 saw was linker d iwn, Poole on top of bim. and Cy. Shay and .lake Acker son (lii-g; Turner was out of doors at !h" time; 1 i.collect Turner t!- 'charging two shits: one of ll em the first, went into lils aim; at the time the shot came hy my iar, Cy. Sh>y was Sinn Ing ne*r Baker; I'uiidcen ?u? out o' the house; when Turner tire.] the so rend >hot he was cn tho ilnor; p-etty much all the time Poole lied his hano < iu his pock, Is; a" the lime he weui intolh" recee? lie bad his hands behind his back, under his coat tail; bcl- re tliat he had tbern In his pantilooas jm chet; at the time be was ac the bar 1 thought lie took sonictl.ing cut of hi- breast pocket and p it it In bts pan taloons pi cket; all this recurred heforeTurner pulled out his pistol and -aid, "11 that's your game le' us liavo it." if Did you hear Turner say to I'oole before he (Tur ner) llred hi- first pt-tnl^ " A'ou 're going to shoot, yo i son of a h?, are you *" Objected to. The cnurt permitted the question to lre put simply, Mil lie, or did ho not, In ar such an expression nn ic we ol V" Witness continued?At the time I got Into the closet, Hani*. Audicw-t and fbrnplMdl were there; Cy Hirris had n pistol, nr.l Andrews mado the re luih, '? hnr (l id's sake, >hko ran', tiieie in enough IItine outline;" I looked nut and Huff Buker down under Boole, end when he got op he made lor the door; Charley Is-rler laid hold of his r at; he Rot nut; I hemd a carriage start, and I weu' out to iee if if whs mine; ran.e in agitn and saw Cy Miay holding 1'iHile up, anil hit head hanging at one side; I went for lector Ch carman, and brought him toHan mix Hall; I then went f?.r I'ojI'j'# brother-In law; Corkey Jack cnine wi'h me; on the way up he alio wed me a pis tol, ami said he found i' on the floor, and that t to of the ctiHUihera were dlacha ged; I was not subjKe-.ood before the Coroner's inquest; I was taken by an officer called "Btddier Jack," nnd b might to the Coroner, and be diked me what I knew about it, and I told hi >i I knew nil about It. Mr. Whiting nbjecteo. Mr. Clark r-ald he wanted to show that this witness, who said that lie knew all about the affair, was tak> n by an efl cer. held all night, and when lie went before the Cen ner next in-ming be was told be would oe sent for, and that he newer was examine 1. Witness continued?Coroner Hilton asked me a few questions, ami locked me up all nuht. and '.old me to b" lii bis office In the morning, I went there; be naked tns a lew questions, and I told him I knew all about It; h? (the Coroner) ?ald he would send for me if 1 was wanted; 1 was not aent fur. (fuestlou by the Court?FxpLxln what you did see done when Turner said, '? If that'" your game, let's taaielt?" A. I thought Poole bad pulled out a pistol, I did not see It, To Mr. Clark?I saw a pistol In Baker's hand when he wss gi>li g nut ol doors, be had no pistol before hosier en 1 Prole made ?p to bi n; 1 did not see my one line" hold of lil< hair; f lie room was pretty full of smoke and it was ?vry hard to see Mr. t ocberon (a Juror)?Waa the room full of smoke wbeu baker was under Puolef A. Yes; 1 enul 1 soe the old., t. To Mr. Clsrk?There wss a good deal of smoke, hu' there w as not so much but I could tell which wa-i whl :h. To the Court?1 was about three feet liom hsm . tb" door of the closet was open. Witness explained to the Court on the diagram that Toole and llaker lay in alm.st a direct line wttn the pro jection of he counter. Mr. Clark?llld you -ee wbei-e Poole's hands were when he wes on Hakerf A. Well I did n it take patiuUr no tice; I saw Cy Shay and .lake Atker?on'a hands, the othes 1 eon Id not see I e.ml 1 see a pistol in their hands. To Mr. Wing (a Jdror)?The door of the cl iset swung inside. To Mr. CWrk?I could see the flash of a pistol; I saw the flash of a pistol from Cy Shay's hands. I don't think I ssw any Otlier flssh. To Mr hrtdy? I don't know where C>rkmy Jack is. To a Juror? Corkey Jack came ba:k flntli me in the carriage. lo Mr. Brn.ly?O-rkey Jack showed mc th? pistol on the wsy up 'o I mde's brotiier-in-Uw'a house, he put It in bis pocket. Cioss rxsn in-1 by Mr. Whiting?He an went to the door alw Bauds, n came In; I can't say that he was the tlrst tran'hst w.-nt to the door ate* laud-en came In; I might ba*e said so en my direct esamlnatlon unttl I thmglit o* nnse'f there had been no clinching of Baudeen and Po-d* before Mr. I>eaa went to the dior; there aere wo ds net*.*n them, I don't recollect that Mr. I a.in went t-'Warde the door immediately at** say ing he would here no lighting there, I lead part of th? testimony errry dsy; 1 read Mr. Iwaa's te?M-nnny; I read that par* wh"re he said he was the flrst man who went to the d- or aPer Paud**u ceme In. Q. To your he?t reeo'lertlon was nut Mr. Bean the flrst who went tcwarda that dmrf A. 1 can't ?ay: Baker was the ttrat man came in and I'aude-n tie. last; I can't aay if the ?hutter* were ap when tkey came In; ! should think they followed each other right In. I don't recollect the' the-* was any spaea of time bet wean Paudeeo's (timing in when Baker came n he went np to the bar and * sited them to sk? a drink ? Baker na^aad Poole MhL* V>V^r; 1 ?*"*??*5?naked nil in the room to drink; I think no one hat Turner en I P!?T?.'hN^ ,1,ith Bnk*n Baker had no overcoat ? *u 1 f,*wbt? <* the lluor; Turner had ?r: ?**'* ???ro eat on; Paudeen naked Poole to tight him, and Toole told him he ?w not worth MrQ'r^-l?Via?n^,0kh0M<,,P00le m ?*???? ??0?e 7 . ev, P?? A ?* ?"* * "?* Paudeen spit in Toole's iac.tbmetlmee; that vae after Pooloeaid 'he -as not vj b* ,l*d hold of Poole's coat at the time he spit in his (ace. ? ?? JpWI Paudeen aak Poole to g> out to the yard and 28r: A' No> as&ed him to go out in the street aud fight. Q. What did Poole do after Paudeen .pit in hts feeey A. He did nothing nntil Turner broke Pau [ deep's hold, Poole had hi. bauds In his pocket* all the time; when Turner broke the hold Poole wot round behind the counter; 1'eudeen followed him up Poolo was a kind of barking up; Paucten appeared to be' nchned P. go in and follow up and ret .frail to do so, laudeen did not get into the reoeas; he got to within a t foot of the reeWM, within four or fire feet ol PojIo h? j movfrg all the time?* step forward, and a step back di l P?udf?n ?nd Poo'e when Turner threw off bis coat and pulled out his piatol? Witney was explaining and going over the same tc.ti nioiiy, uU'O I Mr. Whiting interrupted him, end told him to answer I the question. ri?1?o .CI!rki^idJJew1!,klteU tbe witness that he had a light to explain h n sell. Mr. Whiting said that Mr. Clark was not the Judg*. L LI, . . wa" Ju^?? enough for that, aud lie evidence6 ?D *1,ne"s be,n* allowed to explain his The court here took a recess for a quarter of an hour ,.0n tl>?'re-a*semMlng ol the court, the cross exkmiua lion i f McDonough wus resumed-The first I saw of Tur pei a pistol was when he had it In his hand; it was a large holt's revolver as Urge a one as I ever saw; fur ?our f?m?, let y >u and I huso it, stand back;" there was no one lietweeu Tu-ner and I ooie; when Turner said that, he pointed his pistol at Poole; at the time he pointed his pistol first, it did net go off; he then went up to Paudeen and caught hold ol him and swung him round with one hand, and the pistol went off and hit himself in the arm. Mr. Whiting-Then he did not Uy his pistol in hi* arm and point to Poole? A. No.it went off in his arm as be was turning round; it hit him in the uuder part of the m in- I caught ho d of him aud let him down: I tiled ti> got the pistol irom him, but be lield on to it; it was while letting him down that tbe bullet passed by m? I audten was out or doors at this time; up to this time' iho.c weie but two shots fired; Baker stood between Tu ner and Poole; there were two sho s before P ane caw., out of tbe recess; 1 did not know be had been woubdeo 111 the imo before he carao out of the r?oe vbkii I dole went buck into the receas 1 did not .see hi* band* up; When I wont into the closet Andiows, Harris and (ampin 11 weie already there; the 'hooting affair was all over when Mr. Jtanatvuy came in; baker bad gone Jearaway was there wbeu I came back Willi the doc"r; i cid ii? t hear Poole fa v that u ey came there to murder l.drr ; 1 braid him say h? would bet $500 tueie Wus non. there could lick him. W. Bi(i >ou see a pistol in bis ha; ds that night? A I did not see a ,istol in Mr. Pooie's bauds t' ora the time I went tlierc until I went for the doctor; when 1 wu mj .'be closet I loosed out to Bte as nuiuh as I could while in the closet the parties got out of my sigh: f>r a very little time, about bull' a minute; when 1 wont into (lie closet. ruiuer was lying on hts side on the lloor; 1 di? uot fee a pistol in taker's hand?; btfore I went into the closet; the llrst time 1 saw u pictoi In Baker's hand that night was as he was going out of the door; I heard shot, whi n 1 was in (he closet; aller I came out I saw Oy Shay a. d Aekoisnn, with pistols io their bands; I saw fbay fire a pistol ut Baker as be was going out of tbe door. th You saw Baker down aud Pooleon top of him. Now could you not be mistaken as to Baker bring under? A. ho; Baker wa- under; 1 heard a shot afier llaker got uri and went, towards the door: Poole did uot say any ,king when 1 aud.cn said to Mr. /lean lo put Poole out too; he old not say whether ho wouldJk? or uot; 1 heard two or thicerhots in the street; at that time Poolo got off the floor, went to the counter and look u carving koife, aud went to the green batae door anl pui his hand on the handle. .ir.iiLr,/Pt00la/t*re'T!<1 an1 frf,f "e was in that I . . ' ?l thedoorj when 1 went out of the back door to ace if my cr riuge was going away; I found n.y carriage iliere, and 1 went in again by the Tr !nt door; 1 was not afraid to go in that way, though I knew Poole was standing at. the door wi'h a koife in bio hand, bo cause Poole was a friend of mine, and 1 knew ho would not harm me; when 1 got in Jake Ackcrson was crying, with toole in his urtns; he sail BUI was killed; Pooe'-i head a kb hanging on one side, hi Was it not CV Shay who had Poole in his arms? A. , "ir: ?' wa* Jiwe Aekeison; when Corkey Jack showed ne the pistol, theie were, 1 think, two or thiee chamber* of It clschurged and the cape off: theio were I think two loaded; *o w?nt up to look for Poole's brother in law and weie a long time hunting to: tho ho.i e Corkey Jack wbb a? one side of the sireet and I was at the other In?. La!.rVery >'ou"e; Co'key Jack did r.ot tell me whore pistol it war-he said be picked it up; I was a friend of Ionics; I knew Mr Baker bof.iro this; I have aein hi to since in the limbs; there was nothing sail bi tween us as to who was under; nothing said as to Biker being un er Poole at ihc I.me; nothing at all took place between us?I only law Baker; there was a g.eat ileal of smoke near wbete tho peraonr weie flring. . Vj When you say Baker was under Poi.le, had Biker a hold or Poole? A. 1 did not see; Baker shoved him off and tl ev bo'h got up. Q. Who got op first? A Mr. Bsker; l.lonot know who shot l.oiler; I do not kr ov whether l/irier luid been I hot in the hind bet re he went towards Baker; Prsile runic out < f tbe reciss as lazier was going towards'wher e Baker sf<od; 1 did uot ses Poole stigger that way I cannot say what podtion Turner was in | when he discharged l is pistol the se:oud lime ? I V"'. bad stnrtcii forward 'rum <he receis behire Turner | discharged bis second pisti l; when on the ti or Baker , was a Utile m bis back and Poole over him; Poole wu not "D ?"" ku.e; 11 id not si e either of tliero in that posi | thn. 1 did not see either of them take hold of the other by the reck; I could not see v.i h sufficient elrnrjess to see whmlier i'oole's brdy wa- fist on I!a''*r Mr. Clark?I want you lo explain ho * Ba'ksr got up first when Poole was over him? A. Bsk. r shoved Mi lis lcoil of him over sg.irsi fhe wall an 1 thou got up- 1 I b?"ar,i. '"tn*r 1 ? "Never mind him, Bill, r?u ii i ruiik' j Turner was not diuuk; Baker was sober I and" n was d.uik; when 1 .aw Baker in the Tombs i might hare spoken about thlr; I d<n't recollect; Idon't leiolleot saying to birn that 1 did not expect to see "im tncfre. yuestion by Mr. Clark-Bid yo i not c-.ll on me and teli Mr Whr ing fhJecteS^ ?U t0 t>C ",U'le 'JUblic)' r i,1'"",-" W,IH bvfo*n ''*'i<fe< n spit in Mr I'oole's 'ace that Mr. l ean went towards the dotr; whather he (Mr. Jieuv) wett < ut or not I can't huj. Maik Magul-e, examined by Mr. Brady?I am a new. pnpn-r cftnirr; 1 got other perming In my employ who cn.ry to, me; I sr. engaged in that business sines -?fiJ't. ,h,r,J I wss on tntimve u ff" IV, h V. tc the t,,re " lh" difficulty In Stanwiv H-.ll, I had a brother who Whs also inlimoie wi'h I'o lo g Male what occulted in Manwlx tiall? A. Ir., a' Poor|en?T i*m? i a" !kcre n dlilieiilty bet wee.i Joo e and MorrWey; I went to Sianwlx Hall; 1 saw Mr Poole theie ami mked him how ke was; he said, very * '"'eel"" I sd been out South; 1 went into the Inside ro.ni, and aw Mnr,is??y there diin'.ing wine; a man t csme in i.fier and pulled Morrls.ey ab iu'; he df l no' seem | leased; tl.ey went ont Into 'he bar room; th- r- h n .. ' i (Horrissey) said to him, "Vou blac' p'l ii s'i or,,-,?" ll"i el"' other words ensueu P ? le t.e.I,<vi Morrie ey to iraw and Morrlssey sai | he bad no pistol; l ooled.ew Ms pistol, and pointed it at M >r rlssey, I get belweeu th-m, and asked l'o..|e whether 1. was going tn murder the man In co'fl Mood, and t . d htm that MoriIsrey had no pistol; I'oole Jumped on the wash band stand and then on the counter, and presented hi pistol at Morrissey; Morrissey asked f?r a pist 1 1 di.' not see any person give him one; the next I ,aw ,e had aputol.he was pointing it ever, w?y. he w^ drunk Q Was there nny thing said before this about i,lshmen? A. Poole spoke about Irishmen, he said no irishman was as good >? an American; I told him a,, Irishman wis ^ giaal as he, ihat nil men were born free and that thi was aland of equality, arid an Irishman wu* a < good - an( American; tbat tne coonfry w?s mode for ?,| |1B said no IrishDian ?a> a* good as he; 1 s,id ) w*s an Irish man born and came to .his country when I , o.d, nnd that I was as grsid as he was- uv^i .. fight bin with caiving knives; 1 said I'would light 'iiim i iom' ;.1:! tojgbt Mm wiia r osuse, I sairi^ he was a heavier man than me; some other words pa.-sed, and 1 said I was sorry for what had or. cm rid between us, because of to,, wav l,e , srtjrfar&az h.s?^ Ss, SSJIS!SKiwy. I should think Poole'a pistol was ? ns.it^e new one; after the disturbance ,.yer j went to Charl v Abel1* and took a diink tbs.e I then ., i 'r / Hall, and then to Sianwlx Hail ^r Truea^fw With mt; tht> limine whh full; that wa^ the I hat time T f\w loo.e alive, I know Mr. Van I'eU; I know him t,. friendly towards Poole; I know Jjvier ? si , to l o' le l'mle's plslol w? close"'m' tSmris^'^ rushed between ihem and toll him not to murder Ike msn in cold blood, that Jlorrfsey hao no r,u?.,r ti , who csme into ihe room snd pufied M .rr/vsev iboui. "w*a Mr. Botholf he was a Mend ofl',s,|*> | h^fg^Thlm Z i tsi ?'* house; I uses) to vl if at Pim.Ws i n.k?. .v at the time of the first difficulty laawhitn^ ?kT but take ? drink; I heard him abawslMeri . r, T'tb,n? ?leeys sbusing b.m, I h..rd Mr ^ ^rrli nd c'l ^U eill a loafer; Baker said be w/sW' ^^ k nown Baker a gms many ye., * ; h.v si way. kn?,u Mm to he a peaceable man In barroom.. ant a li ,r?|7" man as ir as fighting g.es; as I ,ngaa Po.,le ami M.Trrls " y were h ge her Poole never *?oppe 1 hi, anu^s luV.A U7"? !!*' 'I' lo, n,?k" P""* helsem I'oole and .ske.; iirr '^"sjsrrer end Baker to" with Mr 'BiVeTl^U .Wblti!'K -' "??v*ry Wen,!!, Willi Mr Baker. I rnada acqualntane. with him about right years ago; was not more friendly wi h him ?v. with Pool# never had a word with I'oole befo" ui" niglii. aid then I made ua with h m 0- Yon spol.gtre.lto him A. 1 Sid not .m.i. him. I made up .Ph him, I .aid I ... ,orry wero any words between us , n ,.f ti,. v? fr.T,-n m, brothor; the flret thing I did when 1 went (n w? t! a. esk to T.s.le; 1 aakeil him huw be was T tSL the back room. ?1 u,,n w"nt loto (J. Wbo was there? A. Hyler, Wallace U?m dam and Morris#,; (hat's all I remember officer flovaa I think, waa ritting ...me distance fr,?n ,hAn whsn^J'r tlssey and Bartbolf came not he (Morris*,? said to .*.> "I. It th. e yrn are hlack mu??id mnrd?J2r^ I'oole had'nt spoken to him at that time I am . ?' Morrlssey's ,1 am . Mmd of V? IwTjff ?f y T-.u are a friend of Paudsen's also- a v* ?nH theie Is no disgrace in it *' Mr. Wblilrg? I did not my there was A v?? ... s kind of empWe in it; I am a friand of Unn and llj* J?r ; when Poole a?ked me to ?gt,t there was only oie k.i'e >boved. and I was'nt going to gght him that wTT i iangl.tert he hsul a pisti l too ^ 11,41 q. *bm* dl 1 T ? mean by in, y0? WooM hfB your owo way? A. 1 tuld him I would flght Mm with pistols, u he iu a bigger man than me; I do not know who the hoy wu that brought M'irrWey the pistol; I wee lu au altercation with Poole at the time; I did not see any boy give Mm a piatol; I always aew Baker eery {Rateable; I beard be had a fight with Pool* at the Gem. Q After that were they nit unfriendly? A. Baker al ways raid Poole was a good friend to him, and that he was a good ft tend to Pooh*. To Mr. Brady?I think I h"ard Morrtmoy aak some one, i id he come there again to kiak him in the headr 1 think it was to James Poat he said it. To. Mr. Whiting?Heard Morri-wey ask the whole crowd if they came there to " heel for Poole agaiu;" 1 am sure he Mid fctel again but whe bar be said about kick log in the head, or m nothing like it, 1 can't say; I went back to Siauwlx Hall agalu at 11 o'clock, and took a drink; I take a drink iu every public house 1 go to when 1 feel like it; Poole wan alwayn a peck lug aome hing about the Irleb, and raid that lie had eotue from where the " raddishes grew." 1 dou't think l'oole was as drunk a* Morrisa-iy Vorihsey wan staggering all over the room: some meu ??* ?Iruuk in the bead and oliers get drunk in the heels, (laughter.) P< ole wan diutik in the head, and Morris ;,ey wan druuk In both head and hcela. (Continued

laugb'er.) William Coochesrt. examined for defence?I am a botcher in Washington market; I knew Poole aluce we were siuiUl boyn t-'ge'her; I knew Morii-.neey noma two or three yer a la fore the death < f Poole; I have known Ba ker dure he was a small boy; 1 wan at Stunwlx Hall at the time ol the first clfflculty; I think a man named Bawm wen with me when I went to btanwix Hall; we went from the stables in Mercer street; we met a man who told tie here would be likely to bo a difficulty In Stanwix Hall, and au went tbere; when I went in I sa* Prole; Miv iissey ranic out (rom the back room; Morrisaey ssld. ' H' w arc yon, you bla k muzxled son of a b h"' wi'h thiit Ceoie went np to Morrissay with a pistol; Ir ving tiled to make pence and did all he could to part them; Monirry asked Hyler tor a pistol, and Hylar said he did not wish to get him one; Mnrrinney got a pint I after that soa pointed it at Poole; I saw Poole get on ihe waehstand and en tlie oounter, and present b's pistol again at Mcirissey; I suw Raker there: he was sitting on a chair- I went to Morrissey and trieo to get him away; I told him Mr. l'oole had a pistol. Q. Were yuu on good terms Willi Poole at that time!1 A. On midrling terms; 1 heard part of what l'oole said to Murk Maguiie. after the office s had them in custody. Mr. living sud I wentuway; 1 walked home with Mr. Ir ving; he lives below beoond avenue in Twenty-first street; 1 ra.v Poole mxt tnornlrg at .Stauwix Hall, I met Mr Irving at Florrnce's.and he and I went to see Poole. Crois-exninlned.?Mr. Poole's house la, I should judge a mile and a half from Stanwix Hall; after I left him I went home; i lived iu Jaue street; on Sunday morning I w?Iked round to .Jefferson Market prison; I generally walk thereon a Sunday morning; I did not hear of the nfTtiirin Stanwix llall when I went to the prison; 1 wen' to HorcDce'n and raw li ving there. It being now near fi o'clock, the court adjourned to 11 o'clock Wednesday morning. Board of Ten Govtrnora. TROUBLE VKIVKKN THE COMPTROLLER AND TEN GOVERNORS. Board met at 4 P. M. Present, Governor* Townseud (In the ibalr), Drapet, Smith, Herrlek, Duke, Dug.o, Ti.rmann, Went, Henry and Taylor, resignation of a governor. Edward C. West, one of the Governor*, tendered hi: resignation, to take effect on the Uth of January uext. Much regret wan oxprosred by the Governor*, but at Mr Wiht'w reijuert the declination w#? accepted unanimous ly. Theio will therefore bo two vacancies iu the Board n.xt January, Ti?-One in place of Josephs. Taylor ^J Sl,<,ct Comroi*?ioner, ntul one iu place ofid. C. West, resigned. The remaining Governors are ?mpetent to till vicuncle* in the Board. Who those two new Governor* will be the politicians will noon find inU18?l JDeTa."ltt l'|ari1 "a?" d|,lnocrat> ttu,i r.lecUd year ago Tajlor *" uu Amerl?U?, ?no took hi* seat a MECHANIC*' ^AUKS. A communication was received from tho Htone cutter on Blackweil g Island, asking for more wugea. They c >m plate that they receive but ll 75, when other emnlotei givo*. per day, Ik-.jde'* they are cumpellel to pay 26 tnstruetir nt j*18*?lllre- deferred to committee,with instructions to give curren. wage*. COW MITJIKSTM TO (1TY PRISON FOR DRUNKK.VNU.M n, st?L' i 'K' f"lln <l,e y 1'iison Committee mad-i a re port iritli reference to commitment* to Jefferaon Ma.ket m t Sd fICiJ aPP*a>? "r 'tt'y persons lately cum mltled, forty-live were temporaiily committed and Ultecii hilly committed to ihe Tomb*. It waa proved that tbo-e who were tempmaiily committed often remained In priron "cur.ten duy*, wh-reus the full term waa ten days. This abuse had become so glaring that the coin tc "5 j! tli" oplnioi of the Dlafrlct Attorney who Por*un taken up for drunkennegs should either be fined or commit,-ed within twanty-four ii ?*," ,be. <iu'y "f tlj? Judge to attend to tlieii case iinmediaUly. It appears on a temporary eoruoir mcnt he fine is paid at the Police Court, and wbot, full, committrd, It is psld to the Alius House Department. n ? * ? KI-AUii AND THK GOVKRNOR8. CieikoSv't^l" ' fUra "* >"*ll"u ',?0?8 the Supply , , tB'> to hoy goods for the depai trrents It unisar hot sume m.es th. Cote,mm, the.uselvea buy g" ^au this practice I* sought ?o br; skipped. 7 8 ' J*?! favored ihe lesoiution, though he d.d rb< i n 7 * convey the impression thai any of the Coventor* would act Incorrectly. Tho bjardliad d m n" tV,,T' nr "yeD 764and h'Ad spentmiUi'ma ilrd'th . M y'f"1 Mr' 1),'"Per denlol lliat during that tine suy one coul I find any lUw iu the!.- nr.icee ? dilo'n ?) wa ftJ'ele'ed wi h document* to prove t iia p I . I's d'td''. " 1UgK'S, ^ "'*>" >? which it *rI4.ifno- v , !'UHl. inciea'? of taxalbm was read > li ui \ct 11 ""'J *-'01 OX). If, 18?4 g " 'n8 <he real expeltturcs: Appropriation for Almshouse 8127Iftn Additional appropriation l^i'oO) Trd?l ?~? Ruildiug* and re'j'&\\\\\""\\\\\ ?6,)w Expend ed.... 'J 7,9 1866. 8003,785 ?Appropriation for Almshouse... ?*., Additional a pp, opi iatiou .| \"f.'lojfr*" Tofal 77Z"7T Building { ar.d repairs " //// .' 71' ()J^ r^did j;u; 1 to'Nov'.j; mi::;;;; rt:r. v.-.;; Total Ml_ Alleged indebtedness of Oommra.'bf KmlgVatioui! ?5;'o ki rano* ro^M i Tf rha,'t*d Ehgg with c ilpable igno ranoe or fulselo of In making the siateuieut bo hod M. severely on the Journal<f Commercr who Aim! if ' m' r# tle k" -houM be put on lb Alms House Department. He believed that an attack w is about to be made on fte organi4ati,-n of the Alms II .u?e "ear the JtUrS f" ? ,,e (,A?governor) did no ear the ailaek* of a miserab e a^ribbicr, or thai of an ovi igrown, b'oatel ref .riner like rlagg. Governor Ww thought that if GoVern.,rDuke's resol,, tioop1 evslled themem lK-r, mighl a* well st.y at home. the table untffiw^0Ua,,1On' 'Le ? Uld ou mmwriARV HOfiPITAt.. chTIT rep!Tl .r. N,"Tbmhef, or the admission* and dls it 1 1? v ?ntUrA Hl"Plul, was receive) frim 4 'li lu^T1 tb,? r"Tut Phy-i|,f??, ahowlug that 4.6 eatiente?184 male* and 29? females?have bteu nn der medical treatment during the month, and 31 o i tlente are remului g in it now, 14H of whom ure from tl I tnlUntlary, 14C from the Workhouse and22fom ti A.mahouse 131 patienfa were admitted during Noven ber?namely, 4f male* and 86 fe>tnnle* (R th,*e 711 we< 1 ni^ S*.';!7 V? 7v " v ***l ;i8 ""re of tb United S ates fr,,m Ne-v York, New Jersey. Connectlcu vuR2 ?'n' wkr 1 >lrth,Vllr'V Massaeh/aetta, Do our vania ana hhine Island: BJ were foreigner* Ireltrwl as cnntribnUng flie largest numlier? hat I* 63 Kug 2 Dsl na , h H fcotland 4 Canada 3, 1'ru^fs J, 1 Olnnd and ?? es 1 each, or the loreiimer* ao h.v? been less than lire years In the Cniled Writes and wl form auotl eritem in tbcdlsputel bill againat JewiU Hhnw"' VnPrH "f Em!*rat,on- The next table In the ? iT" I,'* "'""T ,lnl,>s 'Mh Patient ha- been ad muted to ti e I enitei.tUiy Hospital. One poor miser i CMeMhe heUlb*?l,Ah*r?18 U,n''', l,Dd ?no^?r *'? w rfte wsH -A V 'dn0Htfon we see t hat >0 ean r. : n nd 81 LieTh iu 7 while ?6 are uneduco ed. .irate in ? , I an'1 19 w i<lowed. ten are tern kTiilk V *"?hit?, li are moderate drinker*, 63 ar; nteniperaeanoldarebibUH.. drunkards. Ttie ag?? sf tfiusVu'ln i'-rePrL in ?'mJun<li"n with their ha hi thus, of the 1, drunkards 6 are under Vd years of age 3 :,, V"f 'r "?, ?> < under 50 andTip ?ri)! ?.? r ,J profession ef religion is 24 Drotesta ?. ?^man Cathelies, 1 Jew and 2ft wto do not prolb.s i i ? oertii'a ions ahnwa also the time ,si ',uce each patient worked at a trade u? to u ?dmUt'd. 't "ecm* that 36 had worked up to the Mm* thoy were receirtd a* n*fi<?nN 'to workedI within 3 mei,he, 19 within 6 0,0^1!^ ai.d thT! through the gTiidallnns of time to 10 years. The list of trade. Includes blacksmith*, beokbjuder. carped cnoper. harnessn skers, maehlnlste. -Vme cu"krs iij. . :L' "?e female, are des trilaid a* bo.kfo/deTs <lrt a viiii)<f in, miUlnern, Vtrc-5^ tuii.ir1 e-see and type .-eferg. The report conch- ?s with .1 s aten.ent of tbore d sel arged dining Novem'ier nam tiering 116, 87. ?f whom wete curetl, 21 were relieve' wbUe only 2 <lh d This Is a very small rate of inortaltiv being only 1 In 212 of those treated. wekkly .?pm*akt. Number remaining week ending 1 ec. 1, 18.76 a rwi IftcrciM) ' Number remaining Nov.'24, 1865 ? .t'.t Admitted Tr. TiS; I"e.l 7>|:T I>ls< barred ' "h71 ent toT'rnltentl.iy i.. rent tn Ma'e prison 6 1 Ho ToU1 fltAnmr in Viroinia.-A memorial of?itiFen of Miglnlals In circulation. U.e purport of which 1st a-k of the l.eglsla-ure this winter the in.Kiitlc.rl . r tb.- law. regulating slavery, as follows !! In"dl"ea?,"n * 1. To protect the parental relation, fw bidding the .ena nr "7 coljued |Zki; fo.bhldmg th' dhSv^d ofthe^!?jy lath n* of husband and aife bv *nv m.n ,h* of difcr TH? W?tk?r of November. TO THE EDIT?* OH THE B1BALD. Doling the oxinth of November of the prout fMi, eoDibliiif cf seven hundred nod twenty hoar*, w* hove made and recorded twenty-eight hundred and MrMtj-dx (2,870) thrrmometrtial observations, equal to foor obser vation* every hour, night and day, with the exeep t?n of the honr of 1 P. H. of the 16th of the month, which waa omitted. The temperature of the atm wpbere at my plnee of observation in thin month, haa been more equilibrion* than i* uaual. In order that the reader may aee at a btrd'a-eye view the higheat, ion-eat and number of degrees change eve- y twenty-four hour* iu the month, we pre eent the following extract from our high and low and change book: 1 1 ? f t ? 1 ? | ? K t ?b m n 3 5> us 1 3* % 3 3 1 64 47 h ii 60 48 12 21 40 31 0 2 63 62 li 12 66 49 7 22 33 24 9 3 64 47 7 13 69 44 15 23 42 21 18 4 60 44 6 14 67 40 17 24 42 27 15 6 48 42 6 16 68 40 18 26 60 28 24 0 62 43 9 16 64 46 18 26 54 39 16 7 62 46 6 17 45 34 11 27 44 32 12 8 66 40 0 18 46 3b 10 28 48 88 12 9 66 41 16 IS 44 32 12 29 36 26 It 10 64 38 18 20 36 31 6 30 38 27 11 The highest temperature, It will be seen, by the above tabular exhibit, waa sixty-four (64) degrees, and occur ied respectively on the let and loth days of the month. On the lit there waa a thunder storm at Panama, C. A , and also on the Pacific Rtilroad, we.t ot St. 1/suis, Ho., at the time the railroad exeursion train waa wrecked b/ the breaking down of the (lasconade tlver br'dge, by which many Uvea were loat, and the aiiy of St. i/uiie shrouded in mourntDg and Umentatisn. The ldth wit nessed the conflagration of the princely dwelling of Mr. Henry Van Rensselaer, in St. Lawrence comity N. Y.. by which property to tae amount of near firty thou-aud doilais waa destroyed by fire, resulting Irons a thunder storm, which waa active at that locality on that dry. Ibe l< west U-mperatnte waa on 22a and 'Aid, twenty four (24) degreea, ot eight (8) degiees below the freezing pi lot of Fahrenheit, s he temperature old not full to the freezing point until the 19th, and fi< in that day to the end ot thi month .he temperature was at or below tho freezing peint souie portiuu of every twenty-four h mra, except on the tOtli and *8th, on which days it did not reach that line. The e have teen ninety-four hours fioui 19to to uUth, bi.th inclusive, cu ing which 'he tem pera' urs was at and below the freezing point, ranging from 24 tas 82 degieea. The longest cool terns waa 28 cousocu tlve house, inxt 26, and next 14 houra. Change ?Use gn-ales'. change in any '24 houra during the mouth was on the 26th?24 degree-.?on which day the tempera'Uie r ire 20 degree-iu lo.ir hours: the burnt charge was en the 20th?live decree* sis the 24 hours. In tquilibiio and equilibriation.? There wore 10 aovoral and distinct lerms in the month dui iug which tse tem per atuse was in ?/uiiif/rv) tor seven er more consecutive hours, and this iy-twe several ami distinct .arms during which i! Was erjuilibriwted for the like time. What 1 term tn egviliLi in is that state of atmosphere duriog whic i the temperature icmaiua unchanged for a it-rm of scveu or iooie consecutive hours, and C.|iiiliisrlated when the changes do not ixceed two degiees lor tho same time. Earthquakes.?We have only aecoun's of throe, as yet, in the month, viz 8d. in ViUanow, Walker Co., Ca.; 10th. at Westflold, Sla'en lalaud, (< p .o.ste i'erta Aiuoov,) N. Y.; 21.-.t. in city of I biladelphtu. Ha. Aurora Unreal is.?On the lat, 2d, 2d, 4lb, 5th, 6th, 7th, 8th, 10th, 11 li, 12th, lath, Kith, 17th, and 20th. ho meteors seen. Lightning.?lliunder storm on lit, in Missouri and at Pat ama, C. A.; ltith. in St. 1-awrenoe Co., New York. Snow.?On the nighta ot the 4tts and 6t.b great snow atm ma in several paita of France and along the while chain of tho Pyrenees; 17th, a little at Brooklyn Heights, and sl.out ten inches fell at Chatham Four Corners, snow storm at Boston and l'ittsfield, Mass.; Montreal, Canada, atd at Portsmouth, N. H , in the nigh'; 18'.h. Mont:e?l; 19th, Boston, Bangor, Me., Portsmouth and Monmal; 21st, Brooklyn Heights, i't.loa, Oswego and Herkimer, N, Y?iu toe Utter place six or seven inches ? Portsmouth, N. II., Halifax, N. S., and vaiious other places; 29th, Albany, N. Y. 1/ain The amount of rain which fell during the month at my place of observation was thiee ana one tenth (o 1 IU) Inches. I'll.?On the night of the 1st, a heavy fog on the Hud sou liver. Busing a period of gfxty-eeven years, viz from 1789 to 1866, both inclusive? the Hudson river nts closed Out eight times iu the u onth ot' November, as follows:? 179 6 Nov. 28. 1827 Nov. 26. 179 7 Nov. 20. 1886 Nov. 80. 179 8 Ntv. 28. 1838 Nov. 26 1820 Nov. 80. 1842 Nov. 29. In 1707 the icc waa so abundant in the outer harbor thai for near two weeks in the first half of Janua-y, pilots refused to take c) arge of outward bound vessele jet on the 16th of February of that year the Hudson river was clear of ice to a distance of 16 milts* above I'oughkecpsie. In tbe winter of 18Jt'~21, the ri>e> re maitieC close.) 128 d?ya- 1827-8, it np?ned *o th-j 8 h of Kvbtusry, having been clmed about 76 d*y?; 1815-8, 126 days; ]8 .8-!> 116 days; 1842-8, 18b r?ys. 'Ilius it will be seen that the severity and duration of the winter oar.not be determined from the temperature of November, or the eai ly closing of the Hud- >n river. BnooKLT.v Hxiiiirm, Nov. 1866. E. MKKIA'tf. The Appointment of J mice Coxvle* to the Kupreiue Court. Nkw York, Nov. 28,1855 Hon. F. R. Cowijy, Justice of the Supreme Court? I'm. MR?The unden igued. members of the Oar of the city of New York, lisvlDg hoard it Intimated that hie Kx crllency the Governor of the State Intense to All tho vacancy cientsd in thie Judicial l>i> trict of the Supreme Court by tho death nf the late Justice MoriU, beg lcav to express to you the high appietnatinu in which they to id you a* a jurist and u man, and to urge you to ac cept the appoimment, in the event that it msy be tendered to yon. 'they tiu-t that you will oblige the numbers of the profession by contiuuiug iu your pre-en" position. as they ate satisfied that no one can Oil the place with greater sa'isfactiou to the pnbllc :? G. Wood, B. W. Uonney. I' . 11. Cutting. Thorn* < I). Sherwood, K. W. Htoughton, B. F. Gunning. J. W. Edmonds, T. Itomeyne, famuli lllatchlord, C. N. Totter, Ilavid lludhy Field, Jr.hu 1> she. wood, Win.Curtl* Noyee, W. C. Wr-imore, John R. Brady, E. Me^ly, Hm. M. Everts. John 1'. ItotTinan, J. W. (lejtird, ? EM. Wlllett, I'. U. Clark, S, F. Cowdrey, hewia B. Reed, Jr., James Thomson, A. Vnmitrpcil, M.U.Harrington, Ianiel Lord, J. V. Giraud Foster, llei j. T). Filliiuan. William Hodge, K. H. Upton, A. 1. Jordan, F. A. Tu.ln edge. Geoig" 1*. Nelson, Charles T. Elrllaud, Homy T. Feaeenden, Horace F. Clark, E. DoUfield Smith, Robert B. I'otter, Thomas Velson, Jae. T. Brady. Samuel C. Barlow, Ed rmnd J.J'iuter, F. F. Marbory, Edward N. Hiker son, Augustus F. Mnith, A. W. Classen, Charles H Hunt, A. A. I hillipe, John 31e?veland, A. J. Vaiiderpcfl, Greene C. Branson, Mortimer Be Untie. Richard T. Emmet, Augustus L. Brown, John L. Mason, Diomas B. Van Burcn. Wm. Allen Butler, John M. Eager, Robert Kmmet. Nkw York, "ee 3,1865. GrvtutmIIN?The Governor has been p'eased to tender me an appointment to the place made vacant by the death ol my late associate and friend, Mr. Justice Morris, but coifideraticn* which you wl.l readily undei stand hasl at one time detetmined me to decline It. Nothing shell nf an expression like that contained in your letter of the r8th ult. could have changed my purpose But when 1 ob-erve among the signatures to your let ter the names ot those who occupy the first rank in the profession?m t of the eitjr alone, out of the country?an 1 of others who bare so graced the bench that their judi cial fame lias become a pai t of the prnle of our State, I 'eel that 1 may yield to a request emanating from su -h a source, and accept the appointment, when the oflice will be held In deference to your wishes. 1 * ill accent the tender of the office which he Governor has been pleased to make, but shall proffer an Imme diate and amicable submission to the rsurte of the ques tion, provided the authority of the Executive to make T is doubted, anil with entire cheerfulness alwde the re ult. With most profound respect, I am, Kentlameu. your obedieut n r>ant, EitWAKD I'. ,C (Width To Messrs. be rge Wood John W. Mm <nd*, Francis B. Cutting. Famel Mid. and others. Charles A. Peubcdy, Esq., who was tendered the seat on the Supreme Court bench, in this city, ren deted vacant by the death of Judge Morris, aub-e *ntly, with his assent given to Judge Cowles, has u appointed by Oorernoa Clark to All the oti. f vacancy on the same bench. We learn there is but little probability of his acceptance. Tbr City Omiilliws Driver*. TO TBR EDITOR OP THE HERALD. 1 ?aw in your valuable paper a piece dried the 2flth Novtmlicr, speaking in very harsh terms against the poor stage drivers, an I signed, too, by a lady, who thinks 'liat they are n set ot fellows who have lost all respect to decency. Are the drivers who t< il day an 1 night, and who have a kind word for everybody, to be abused by all conceited p? rsons, who like to sho * tliemselvea by wiit'ng against that much abuse 1 class. Who nfien have to take five eonta from tb ? gloved arlitocraer, and return to the proiuletors sixpence, thus havlr g to take a oent not of their own pocke*, to suffer atmse beside* by epistles through the public preas, ealltng them a set ol unmannerly fed jws f If the arisloeracy do not wish their glnies soiled, 1st them always have a slxiWnae ready, and not a t.V? cent ptece or a bill to change, which, too, Is often worthless. A DR1VEB. RslMy of Cap*. Pope's Party, [Correspondence of the St. Mnl? Repn'illcan.1 l ost EtUJfOR*. New Mexico, Oct. 1?, 1M56. Will you be kind enough to correct the repo-t* which heve been recently sent to the States, in regard to the danger of the expedition unler the command of ('apt John Tope Inltil States Topographical Engineers by stating that tlie whole party have saftdr arrived at this Est. The Im.lans have not molested them s'nce.fuoe ?, when a wagon and live men were captured by a band of Apaches. Gapt. Pope !? about going tnu> win ter quarters at Ih na Ana, and will soon rommrnoe ano ther Artesian well rHETPAHIt HoMANH, Civil Engineer ef the expedition. ?wwr " ? new Iorsrr in *ai??mil [From the Savannah Republican, Nov. 28.1 The investigation oi the murder of Fraud* Hyatt took place at the Cuurt house j enter day. 1 ha room wan filled with spectators, anxious to obtain the leeult of the investigation, which laaUd until # o'clock In the afternoon First wltueaa swrrn? Jon. 8. CroDfll?Md not know deceased; between 10 and 11 o'clock last night, I was about Haywood's corner. was in the Arbor eating saloon about 8 or 9 o'clock; Mr. J. B. Habersham v as there also, and a man was do ing someibing ?b<ut the gas fixtures; ths eating saloon is tn tbs cellar under the billiard room; I remained there about halt an hour; don't exactly know how long; ean't swear to being in the billiard room; won't swear that I raw Lewis in the billiard room. On being asked. ?'would you be wil inn to swear that you did not nee him-'' an swered, -'couldn't say;" saw smoke after hearing the re pot t cf a pistol or gun; the bar keeper was sitting tn a chair behind the bar, aud tell; immediately alter the report I went out; there was a man attMf the bar keeper than 1 was; don't know that that man waa Lewis; atu unwilling to swear to (t. After some hesitation, the witness said, ' Tenth-men, I'll tell the truth about It?1 was druLk;" cannot swear that 1 recognise that man, (meaning Lewis); on b<lng asked, " can you swear you d- n't know bind" he made no answer, but said, " I was tight Inst night, suit am tight now." Here Justioe Rus sell culled to tl e bberlll to take witness to jail, and keep him theie until he was sober. Witness then raid, *'I am peifecily sober now." Being asked if he did not, this uioining, point out the pil-oner being the person who commit tea the act he replied, ' I raid Habemham and I were at Haywood's corner, ard saw a man drunk o-sns by. called Captain Henry, of the army, who went into the bllliaid room; I be"it ye ! saw him agaiu in ths billiard room; the man whom I saw standing attbeend of the counter, when I saw the itnoke, was a little Urger than tnyseli; don't rrcoilrct any other person eoming into the barroom, 1 raid It 1 raw the man, sinl he did not shave his head and cut his whiskers oil I rhould know him aga<n. Here be was told t look round and rav if Nathaniel l^trts w.im not the mac. Witntas would not look round. Several persons weie then brought before witue-s in the court room; among them was Lewis. He said Is-wit was tbe n an at the end ot the counter at the time the pistol was find; I was in the billiard room at the time; also J. B. Habersham Wm Bowcn, Capt. Henry, the barkeeper (Hyatt) end anotlie- man-damned if I know who he was; the u en called 'or liquor; the barkeeper refused to give It to htm. telling oitn he was to-> drunk, and would thank him to morrow when ho was sober for not giving him any: the man kept ark ng fur liquor, Hyatt still refusing; the former ihrn said be must have it, but the bar keeper persisted in las refusal; at that time Henrv, Bow en i.nd liabc shim walked to midships of billiard 'able; they spi ke of hearing what was going on at the end of the tounler; then I heard a report and saw smoke; I saw the barkeeper lean over and full from his seal; the moment the j istol fired, or immediately there after, 1 recognized Win. Bee c u.ing up trom the eating palotn; tl e man who stood at the end of the counter then walked out; I left and went to the I'ulaski Home; did not see the plot d; neither Bo von, Henry, nor Hiibcrsham fiied the pistol; the man who fired ths pistol was in tbe harioomat th? end of the counter don't 1. no A the name of ihe man who went out. ahead of me. Cross-examined.?Being intoxicated at the time, does all this not appear like a thearn to you f A. Ah 1 did lo t soe the pistol, o d 'f I know whether the man at the c< unter shot1 im or he shot h<mself; I know that what I have said is tiue. Capt. Henry sworn?1 confess *ith shame and relue truce to br ing in-..xic? le i last night I don't know any thing of 1he aflair: have an lodistiuc'. recollection of lieaiing a pistol shot, aud of a king Mr. Hah?rsham what was the matter; Mr. il. said "a man was shut, let as see who It ts;" I refined and went out; 1 think the prisoner (1 ewis) was wi h us; I never saw him before; T think he was present?a' least that Is my impression: I did rot know deceased', unt stranger here; think tne shot was in tbo'riirectlun of the bar; having some expe ricrci in fuc-h sounds, 1 concluded some nL? had been hurt. Joseph Crowell levelled. ? in answer to a question from solicitor, who killod Hyatt, said, 1 don't know bim. Soli citor?Who shot himy Witness?Don't know. Magis trate?Remember you are under ot tb I)o you or do you not kr.ow the individual who shot him? Wltnr-e?1 do. klrgl.-tra'e?tt lioishef Wi ness?I will not tell; if my own life was to be the forfeit. 1 would not tell. The witness, who was evidently in liquor, immediately ebvnged his resolution, and advancing to prisoner, laid his hand upon him, and said, "TLta is tbe man who killed the bar kecpei;" it was done in the Arbor Saloon; he was very drunk, so much ro as to fall against the barber's post before tutyilog saloon; don't know his name-, saw pri soner pnt l>is hand (n his packet after 1 saw the smoke suc< ceding repoit ot pistol; heatd prisoner usk deceased for liquor; dtcea-ed infused, saying, "You will thank me for it to morrow when von are sober;" prl-oncr said hs would or shi eld have it?''Wont you give it to met won't you give it met" 1 then hear! report of pistol and aaw dictated fall; I * a- standing at north end of billiard ta ble, with my back loaning against it; afterwards I saw piisoner go out of the room and I followed; I know the prisoner is the man who fired the pistol. Fcrgiant Wilton, sworn?Found deceased behind the bar. with pistol wound over left eye, near the temple: It could not, I think, have been lufliated by any one out of the teem. Dr. Habersham, sworu?Cave it as his opinion tb it the wound over the eye of Hyat. caused bi? death. The testimony heio closed, and after comu'taiion by the magistrates, the piisoner, Na'hanie.l Lewis, was committed to jail, there to await his trial for murder be ore the January term of the Superior Court. in portant HoTeincnt on tUc Part off the Northweatr-rii Telegraph Companies. At a mooting of the board of r iroctor* ot the Vew York tate Piinting Telegraph Company (Hoa?e Lino), held at lie office of the secretary, in the city of Rochester, on he 2*th day of November, 1866. it war Hero!Ted, That fbI- b iar 1, on behalf of thin c rmpeny, with consent of the stockholders he'einiftr mentioned, willaime to oni'e or consolidate wl'h thn New York, Albany sd<1 Buffalo Lleetro-M ignetle Telegraph Company ubatantjally up"n the terms, and in the manner folliw ing. wit:? Hie New York, Albany and Buffalo F.lertro-Magnettc Telegraph Company shall become iueorpma'ed under the general Isw of this State, with al! the right* and powers therein authorized. Each company is then to obtain the written consent of the stockholder* holding at least, two thirds of the capi tal stock ot each company lespeetively. The lines of both c mpunis- are to be placed under the msnsgeroi-nt of the directors of the said New York, Al bany and Buffalo Electro- magnetic (telegraph Gtmpany, ao incot'ioiatrd as af. reraid. The New York, Albnny and Buffalo F.lectro-Mag netic Telegraph Company. ?r> in"orp<.ra'ed as afore said, is to agree to defray all expenses, taxes, assess ments and tbaiges whatsoever, and to pray to this compuny for the period t.f ten years seven per cent per annum upon Its e.tpl'al stock, payable in halt yearly pay tue me. At the end of ten yen re, the stock <f the two companies Is to be consolidate.I and merge! into one company, the stor k of wbioh -hall bo distributed in the rail# ot tbrer tilth* to the New >ork. Albany aod Buffalo Electro Magi etlc Company, ami two fifth* to the stockholders of this company. The New York, Albany and Buffalo Electro Migue'.ic lebgraph Company, so Incorporated as aforesaid, Is to be bound by contract to keep up and maintain both Hoes for the ten years in good condition, wilhat least the same number of wires as at present; and at the expiration of ten years, the said e> mpany U to be free and clear of debt. We understand that the stockholders of the House line arc unanimously in favor of the arrangetn^^^np ared, and as the proposition to fn-e came froaQ^^^?ent managers or the Morse line, it seema probable i be lailflcd by the stockholder* of that company. Thif tLc arrang< tn<nt is an exceedingly good ene "for the House party may be inferred from the fact that in the rerun rr eight years It ha. b<en worked it ha* not yielded to ita owners oTer sn uverege oi about one or two per cent per annum. Tlie porta and wl:es being now nearly worn tut, it is difficult to understand how the Morse * rany are to male it yield seven p< r cen'. Some of the more shrewd of the House stockh Iders are lor,king forward to a speedy surrender by the Morse company of the united lines?the la'.lrr company having agreed Informally to give the House stockholders a lien upon their own Hue as seaurtty lor the rent. We think it very likely the party owning the wnrderfnl Invention or Mr. Hugtiea may do Soroa thlrg within a few months to spoil this fusion arrange ?rent West. Court of flcneral Seeeloue. Before Record' r Smith. The Court was opened yesterday mo ntng by Recorder smith, at 11 o'clock. 1 ha ttrat business was enipannelling the Brand Jury, which was made up of the fallowing gentlemen:? William H. Lodge, Foreman, llenry Allen, Charles E. O nvs.se, John Axford, Siren*?r K. fJreeo, ilrillfil.. Ba- hmann. Heurv T. IngUis, Luther Baldwin, J a*. B. Johnsoi. bsmuei W. lleckley, llobi. Issmard. Eolcmon Hanta, Francis I .eland, (?eorge Bai ues. Henry lewis, Fier'eiick TV. Oggill, fiabrisl Mead, 1 add McMantsr, Edward M. o-o.rrn, John H. H.adfield, John J. Walker. The Recorder then charged the Jury upon the We which governed them lc their dellberst. .n>, very briefly; after which the Jury, in charge of an officer, retired to eater upon their duties. A |et'y jury was then empinn'-Ued for thetrUl of petty offenders. The court adjourned till to-day. Trouble Also tit the Letter Carriers. TO THX EDITOR OF TUE U1RALD. We are in quite a fix round Wall st.rwat, an 1 I suppose other parts ot the city are similarly situated h'lnee Friday last we have had no reguUr delivery of mail lettera by the Post fifffee, our regular carrier hav eg risigned his duties in con?e?|uen8e of the Post ? ffice authorlliee enacting a law compelling all ear r era to pay < ne cent each on all letters be'?re taking th'm fiom the rffice for delivery, thereby reducing their income one half, without giving the patme a earresp-md ing benefit. If the carriers reoeive mire than a sufficient remunera tion from the two cent city delivery, end the I'ortmaster reduces it one half, 'urel' the public, and not the PortOf fice authorities, are entitled to the benefit of the opera It the charge of ore cent on each letter I* -ufflclent to raeintain e rerpeeiable staff of carriers, I proinst against paying two ceuWdallva.v on each letter, while 'beoarrter receives hnt oneceat ot It, the other oent going into Poet ( .ffice crrffeis, or In'o the pockets of some of its officials, in addition to the usual postage already prepaid I am much pleased to find many of the raguWr carriers refuse earning letters under the new ar ungotnent. Thus it W we cannot depend on retting our lettere with tfco pranptilude to whleh we are entitled I trust you susr suyMKr Wai i Ftmbt, Bee. 3, li&A