Newspaper of The New York Herald, 6 Aralık 1855, Page 2

Newspaper of The New York Herald dated 6 Aralık 1855 Page 2
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THE 8T&NWIX I1ILL TRAGEDY. ?fetal mt Isumlm Baker ftor the Roml"M< of WUJUam Poole?Evidence for the Otfeiite Ceillnard. iiohtii day. OOCTKT OF OYK* AND TBKH1MKK. Hon. Judge Roosevelt presiding. TUS PlOFIJi VS. LO'IS HAKER. p?o. 5 The first witness called this morning was Vn. H. Bell, exioiiued by Mr. Clark?Q. What is your business? A. 1 am a farmer. Mr. Clark?1 am glad ti> see a man of one good calling among the witnesses. Witness?In February last 1 was Sergeant of Police, at tached to tbe emigrant squad; Baker was attached to that squad; be was attached to it since its formation, until he resigned; I have known Baker since he was a boy; his sharscier for kindness and good temper was very good it wss always considered good; I never heard any thug gainst him; I knew a man name 1 Vandervoort, who was xnmired as a witness here; at the time 1 knew Vamler > oet t he was a reporter on the Ezpren. Q. Was he in the bat it of going to your office for information? (Objee'ed to.) I copied Bakei's re.dgna'iou; I think It was Mi 11m kins wrote the resignation; at the time Van dervoort was in tbe office Baker had a conversation with nne about a difficulty he (Baker) bad with Hyer. Mr. Whiting objected. Mr. Clark insisted that it is the iacne interview spoken of by Vandervoort. (Admitted, (ounsel for prosecution excepted.) Witness continued?1 remember that Vandervoort took the copy of tbe resignation for publication in the JCcpreu; that wae the reason for which I copied it; we ha t a com plaint hook, the same as the one in tire Mayor's ofliue; the reporters have access to it. Ihe evidence ot Vandervoort was here referred to. Witness?It is Impossible lor me tax tell all toe cm versation that occurred there; he spoke ot hi.s difficulty with Hyer; be did not say anything a'suit revenge; (j Had Baker his pistol there? A. I drink lis had; ho geue tally earried it about with him; lie was in the habit of having it there, and I have frequently seen him take it out of lus ooat pocket. Q. hid he nay what he carried the pistol for? A. He said he was not g"bg to allow himself to be beat by those fellows, or l.irve his eye.itakeno.it; he sai: he would defend Mm: elf; he earried that pistol for a very (ytns'deiable time, ever since he hel oged to the police squad. Q. Is it not a fact that it wo* known that he carried a pistol with him lor self defence ever since the difficulty in the Hem? A. Yes sir. (Mr. Whiting objected.) Mr Cla>k said they had a right to show '.hat Baker car ried that pistol for self-defence, and not for tbe purpose wf assassination; and th?y bad a right to show that he met i'oole, when armed with that pistol, scores of times, without using it urr'il be m a'taaked. Q. Were yon not aware of the fact that Baker carried the pistol f.r self defence? (Obje -ted to ) rhe Court slid cruusel night ask the witness if he knew when Baker got t e pistol. Q. Do you know when Baker first got tbe pis'ol? A 1 do not; 1 can't, reu ember the first time I haw it; I think It was before the dillieuUy in the uGi tn." it w is after the difficulty with Mr. Mason, y. Was It lu 185: ? A If I had my diary 1 could tell; It was the first .summer May ir WwdcrvrVt came Into office; tbat, was in 1858; 1 did not bear Baker .*ey anything about reveage. Cross-examined by Mr. Whiting?I d > not pretend to my 1 heard all the conversation that day in the emigra tion office while Vandervoort was there; Poole's name was mentioned oy Baker when be lr&d the pistol in his hand Q. What did he say about Poole ? A. 1 think he said thisjwill nclle I'rw le; he said If Poole and that crowd mod died with him he would defend hirnsel'; both the names of Hyer ?nil Poole were mentioned; he might have Said Hyer and tbat crowd, or Poole end that crowd; I can't aay p' si iveiy, but I am under the impression that in vpesking about I'oole lie said he was not going to allow hlmrclf to !><' tea' to death, and have hi.s eyes gouged out. Q. In your direct examination you men'ioned the name of (Hyer in connexion wi'h that expression? A. I un derstood Hyer to bei ng to the crowd. Q. What cid you understand htm to moan? A. {Baker gave us to understand that he was going to defend him self, and that if they attacked him lie w iull slro it them. Q. ltid you advise htm to keep oat of the way. A. I did; I told Uim that it was not keroining m ?a officer to be gong near thorn; that If he did ?ot get hurt, be wor ld get broke; he said tl he was not broke until he would Itite-iere with them It would be a lrng time; I told him afterwards that if he had kept away from those fellows he need not have re Mgieri; Baker belonged to the emigrant police squad ever wince It was organized under Mayor Westorvelt; I think in 1853; 1 ihirk be always carried it for self defence; ha was tien a policeman. <j. Is it the practice of policemen to carry pistols for self defence? A. Some of them; 1 curried one myself; It was only a fhort 1 me previous to his resigning that he bad the difficulty with Hyer; ho had hU difficulty in the Gem with Poole, and Iris difficulty with Hyer after he came on ihe pel! re; he might liavo hod ? difficultv with them before he came on tbe squad; I was U eerguinl; my superior officer was the Mayor. Q. Did you report to the Mayor that llakcr carried a pistol and expicted a difficulty? A. It was kno vn all round the office. Mr. CI si k?We will show that Mayor We-'ervelt knew the (act of Bakei 's carrying a pistol for his own prote.t tXA. | To Mr, Brady? I cannot positively fix those date*. To '.be Court?1 don't know of my own knowledge any difficulty with those parties pri r to '6J. Preserved f'egr. exsmned by Mr. Wt'k?I keep daguer reotype gallery, 3f0 Broadway; 1 w?s a' StanwU Hilt ou a Saturday evening when tbnr?' wis a dlfltciri'y between Poole and Morrisn-y, it was about f> o'ch ck; I was going up Kro.titw.iy with i nephew ofmiie und we went intoS im wix Hall to eee it, it being a new place; 1 knew MorrUaey and Pools by sigtit; they were there; theie was loud talk ing when I went in; they were blackguarding one another; I'oole sslu that Sl< rrls-ey bad taMed his mu ton once he. fore; Boole grked M jrrissey to tiiht him; Morrissey said be bad no pistol . Poole took ont a plssd and presented It at Moiriesey; I stood by the ice leix; Irving interfered and usSfd Mori i-scy did tic want to get shot; Iriving caught h> Id of M'-rrL -ry, ai il was by this Mine backing np Morrissey ngufnst nie, and I thought It loo bet, and I ?tted the young man, my nephew, that was with me, oyer the counter; .?hen I'oole asked Morrissey to light bitn, Merri-sey ssid he bad no pistol; Morrissey wis drunk; I heard Uim ask fir a pist 1 when I'oole presented at him; 1li? ard some one ask I'oole If ho was going to murder th" man in cold blond; I was there when Bode bad the ilifliculiy wi'h Mark Maguire; lie said to Miguire tha1 he would lick any ra son of a b?b llieie c? tn America; Maguire said an Irishman wa fcr gird as lie as long as he behaved hl.nsel''; J oole got a carvii g kniio and asked Mnguire If he would light him; Muguire said be would fight Mm n equa'ity; that lie ? m a bigger nun tliao he siw lUkor there; he was pointed out to u<?; there was some one abusing Baker as he stood at the counter, Baker did ne tting Cress-examined?1 did not see the pistol in Poole's band unlit he pointed it at Murriseey; I did not roe a small lioj hand llorrtseej a pistol; when Morrissey goi the pistol I saw him lo< k at it and exmirne If.; be said t I'oole, "llraw, you son of a bitch?I'm coming for you;' Prole did not say anything to that, 1 should think I'oole and Morrissey bad bet n drinking fteely. Mr Brady?Lid you h> ar Morrissey say, when he ex amined the pistol, ?' This is a hell of * thing, but it wl do"? A. I did net. Mr. WhitiDg (a juror)?IMd you knew those partii . to eight, so that you sou Id identify thim? A. Yes; Id/ was intimate with 'hem; ] was told Boole jumped on toe ?onn'er, but i did not see it. To Brady?1 do not know who the maa wis that w is abusing" Baker; I heard his same w > < I'ost, but I do not bnow b in. William A. Bay'ej examined?I re i.le in " ratten ih street; I aiu a merchant, in the y oar 185-i1 was a gene ral merchant also; 1 know linker. Q. Mate how you became acquainted with bim ? A. I became acquainted with lbaker in May, 1851. on the oeci rion of my being appointed Usneral Agent ef theMJo.n Comxriissioners of K ulgratiun; Mr I' j-r u present when I called at the ' dice on Mi Liurdeti the acting agent. Mr. Whiting objected to this line of examination; lu Mid not see what it hac t. do with tlie case. Mr. f lat k said It was introductory to testimony as to character. Mr. Whiting said that they should come to the mic tion at once. Mr. Brady argued on the competency of the introduc tory examination ?* to as to the witness's means o knowledge of the charm- er of Baker. llie question was witlid swn lor the present. Witnesr ? 1 becan e acquainted witfi Mr. Baker in 1851 he was one of the detail'd ofm-era at the ofllce of the Commnrlonert of I migration, he was re-unamended to me by Mr. lisidett the Mayo:'a clerk; Baker reported himself every morning at the office; I had cp.-iortuni iei of becoming acquainted with his temper; he hud to deal witti emigrant runnora and the oomplainia that were made aaainr t tliern Mr. Clark?They are a pretty r-.ugh set of fellows, I be Here? Witness?They are considered so; the opinion I formed of Baker wis that lie was a reniarknbly amiable and ten der hearted msn, th?re were usually a great many emi I taut* crowding the office, his position was one ca'cu stei to try a man's temper; 1 saw him there !<>r a yea-, and 1 Consider that be * as kind to lie poor eulig an*'; the opinion I f?r jied ofbiin was that he wasa kind an 1 amia ble man; 1 have mot him since I left the agoney, Croee-exan ine-1 by the Attorney Oeneral?I me' hnj about a dozen times since; I had a conversati m with him about a rear after the alTair at the (ietn. Capt. Jas. kt. Turner examined?1 am President of the Borle Association. I was at the Pools fun-ral as (Irani Mat hal, I know Van Belt rery intimately; it tlie boat 11 B) knowledge the most intimate I" ittuns existed lie twern Van Belt and I'oole, I know it fron. what Boole told me himself. Cross examined?I know thla from what Bode told me ?or! what I had "ten myself, that Intimacy hetw .-n Boole end Yen Belt existed lip to tl e time of this ditto il y at Itanwix Hall. Q. Were you acquainted with Bsker? A. I knew Baker from seeing him around; I wis lutroduce-i to him, I neve was present a' any difficulty betwi-en him and Boole; 1 knew some of Baker's associates, y. Name sums of them. A Morrissey, t.lnn and most of those w?io were In the habit of visiting Boole's, y. Baudren, I suppose, w u one of his associates'- A. 1 cannot say !>ecxu?e 1 did not aeaodiate with Mr. Baker; I ntver saw Bsu leeu with Htker. y. fto y.m know his associates- A. I was not in the habit < f assorting with him .nyself, and can't say, I em in the habit of going Into Saloon* ojc?don?lly to tak-- a drink, 1 havesei ii Baker and I.lnn together the Boole A" >? la tino was Trmed f r the purpose of conducting the funeral Cibeequiss of Mr. Poole. Mr. Clark?I>o you know the relations be'.sresn Hyler ana Poole? A. I always th night tliem intimite fri -nls; I know Hyler for twenty years; I don't kno* wha? reli VKmi 0Xwt9d Nitwm IJ nn &n*i fool?; I n?*T?r mt Tur ner and Too)? tcgvthT. Tn Mr- Whiting?It might have tie?n ten days, or it might haws bean three months before that transaction id nee I had sasn Hyler and Poole together, 1 never saw Hyler and Turner t.-fefher I may have seen Hyler und Mr.rrlssey together. 4 Did yon srer bear Hyler speak of Mrrrisesy's pngl Utile capabflttkaT A. No. sir; I never h?m d Mr. Hyler t\*?? of toy ma!-'m pugili-'i; powers. Pit trick J. link ex .miu' ii dewx-ed?1 am a physician; in February, 1856, 1 reside.) ut 3? Walker etieet; 1 re n ember teirg called from toy bed to ette> d to t ime wiunued men ?t King's piece to Broadway, a Mr. Parker, up" ho! lieen a patient, oi mine bef rr, callel aw; it was at out '.0 ir.li.utes to 2 o'clock on the mi ming ol' Ft i. 2ft; 1 vtnt. up to 1 tog's, in Br. adw.-iy; there were about twen j or thirty persons there; uiv attention was di rected to a o.a i lying on a mattress on the Door at the forllier end of the room; 1 after wards a-certaiued that man to be Turner; he was lying on the floor with his band extended from Mm, he wa* toaatng abon^g exa niici d Via arm and found a gun shot wound, gffch en teted about three inchea below the elbow, hrea> iug the itln?, and came cat at the other ei te; the ball entered the under part of the arm; I ha t never seen Turner be f? re; after ] had probed Tuner's wounds and examined thtm, a person aiud to me, '' The re Is another wounded man there;" that wonm.ed man I learned was Baker; Paker raid, "1 have teen wounded doctor." Mr. Clerk devlred Biker to show his wounds to the Court anil jury. Baker here came forward and opened his ihirt, and ebowd a mark like a bullet wound on the abdomen irer the light hip. Q. To ^Flmesa?what was the na'ureof that wound? A. Tlicre was no wound; the-c whs an indentation as if a bullet h?d struck It hut did not enter; there were three bolts in his shirt, two of which I could b. lug to cover the wound, from which I oonctuded that he must hsve been in s strained poiiiion a hen the bullet I fuelled him; the bullet mu-t hsvestrurk verv heavily: there was sn abra surefn tie centre of the mark and 1 probed it to see If there was a bullet in it. . _ Q. llnd he any other wounds than that oner A. He bud ntioiber wound on the h ft side of the bead. (Buker exhibits s scar on his head.) Witness continued?The length of that wound on the I em! was an inch and a half in length, and its depth was to the burr; it laid hare the skull and was from before backwards; this wound was jafrged at tlie back and was blackened with the lead; it appear*d as if the bullet had ib-ugked through It: the outer edge of the wound was a little slanting towards the ear; it was on the left side of the bend; I observed bis gi neral appea-anoe: bo loosed considerably frightened, a. it he had been in a re rent fracas; 1 observed blood, and his face was somewliat dirty. t). l id you observe that hU face was cut ? A. I did not observe his face much. Q. You were looking for more serious wounds? A. Yes; I did not examine his face sufficiently to notice any scratches on it; I did not give his face a critical examina tion ; It was a cursory one, M<cau: e 1 did not see any wounds there, and I did not notice it specialty. Mr. l laik?We can't get Baker's clothes, of course, be cause they were left on board the brig. (The Isabella Jewett.) Cross, rxan Ined?Q. What name did they on 11 TurDer when you went in ? A. 1 don't think tbey called him any mime; they siiid to l.im, ''Kite away, Flanagan." (lumrbter,) frim which revMin I thought his name was Flan-gan; 1 ascertain TO his name to be Turner before I left; I stayed there all nigh'. t). lid not l'alier stand by while you were dressing Turner's wound, and then ask you lo lo-'k at his wound ? A. Yes, but I bad heard it from some one else before 'liat ; son.em.n said, "There is another man wounded;" Buker hud on a canton limine! shirt; there were holer lu it; his pnufnh mis were down when be showed me the wound; I examined the pantaloons to see if there was a hole In the waistband; I was examined as a wl nose nt the Coroner's juiy, and ihat Ir my tlgnature to the de position. Mr. Whiting proposed to read it, nnd asked the Doctor to eeriest any crroi that might oeii.it. Toe. e did not appear to 1st any mveiiul dtfferenao between the deposi tions read and his testim ny to-dav. The depotd i ns sta'ed iu addition flat he ha.' heard that B.ikitr, after a while, ba'' got out on the roof, and that Coun rilmsn Ker ilgau was there, and reinuiked that the ball that wound ed Baker must have loeged In his body. Cross examination continued?I did uo*. dress the wound in Bu-ker's head. (J You did not consider it of Impor tance and you turned to tha other man? A. It *u? eg.in shot wound but It did not require Immediate attention, and 1 turiud to Turner; Turner uppeared to bedrmk, and Baker siuellt of rum; ho was excited, but the heat of the room would cause that; I a'torwads put Bal Vp> the table to examine htm; Councilman Ker rigan said he fcr.cw more about It tbau 1 did; I thick I ex amined the waistband of the pantaloons; when I saw him I only saw the undershirt on him. [Baker's pan'aloons and vest produced. Trere is a built t hole in tlie wal.tband of the trowsers and another In the vest ) Witness?I saw the hole In tlie waistband that night ; it is a bulb t hole: I cannot, say whether the hole In ttio watchpocketls a ball hole or not; 'he last I saw of Baker was when he wus putting on a Kossuth hat in front of the glues; I saw him afttr bis ietnrn in prison [Poole's overcoat produced]. Witness to Mr. Clark?'lie pistol that made these three holes togetoer moat have been llred from the Inside; as suming the lining to be burned, they could not be made fitm the eutsldo. Tbo Court?Is 'his a medical question? Witness? It is v#ry Difficult t<> say that it i? burned. Q By Mr Clark?How do you account for the bullat I et enteih g Baker's abdon en? Mr. Whiting objected. Mr. (l?rV wanted to sbow tbat if tbe ball was fired tin ><ugh l'oole'.v cost tail, and h ul gone through the vest aru pxtitahouN of Baler, it would Is- a spout bullet, and would net Is likely tu enter the abdomen. (j Be ton thick each a mark as that in B'.ker's abdo. n > n c- uld have come from a spent bullet? A I should U.ink so. Mr. Whiting objected, and argument was heard as to ? h McoL-ieeibility i f the queetlon. Th>-Court adu.iltr.d the .pinion of the witness as a n edicxl man. Wit'tar?I wl h to say that I do not know any othsr wsy t) at the wound could be produce! tb in by a bullet; Mr. Wli Itg understood me to say there wu no ".bullH wound, hut there was an abrssiue, and I probed it. lho Court?We want you to give your reasons as a medical man why this bill did not euter the body ? A. There aie n.vny reasenr, a*, lrast more iliau one; one is the t oiler heirs a ? i en' one; the other is the person h -h g a lieaby n an ih" cellul ir or ndipose tissue In tbe ahdom u is si mo'iiccs so thick that it will boud ii the as me as wool; it w 1)1 gn a certain distance before the prnoelUng 'oicc. and each Hue it nicks In It takes so much tower tr. m the force of ihs ball, ti e tlvsh sunk Cor-. ?o' ? .line out t.ga<n; there are muscles on the ahd m un . this fatly koipota ti.-.'ue vhlch has more resisting ;>ow t.hvn a here; a hone would break; sriother tea. on would lie If the p? rron Was on the stretch when he received the shot. The Court?Could a ball entering at 'hut point go id any ore point that woi Id be m u-tnl ? A. If it entered the Cs'lty ot the stomach, I think the mm wonUldie; Ihcte have been instances where a man i ecu vied from such a wound. To Mr. Clark?I think 1b? bul'et hole in the vest and (lint in 'he pantaloons wo< Id cover the one on Hater's abdon en. Mr. tin i k?If there Is any doubt ob >ut that 1 will have Baker put the eloihes on. Ii. (By Mr. Clark) How near, do you think, was the per?c.ii to Baker who fired that shot ? A. I have no nun s <f ditein.ii ing; the e was no powder on ths wound. I,'. Suppose the ball had entered the brain, what would have bi en tbe consequence ? A. If the hall bad en let ml the h'nln It would have killed him In all j> obabtll y. To Mr. Whiting?1 searched for the bullet in Baker's pantaloon*. but did not find it ; th?re wns an sbra-inre lu the c?utro. but no extravasation: the epidermis hail been broken but tbere was no red ulo.xl; tlirro was pr.oa hly enough to st.un a cloth, II' put to it; it was such a dheoldVa'ion vft'e skio as I l ave seen from gunshot wounds that have proved la ill; such'aa 1,1,ave seen Incases nt snicide. William Mason (evidently guffeiing from severe illoe'S, and with the sta p ui death on his pale face), wusc-.lled to the stand by the defence. Me. Clark?You are 'aniilfsrly known as "Wally Ma son"? A. Yes, sir. Mr. WhDin-'?Is the counsel's object to show that this gentleman had been assaulted by Poole? Mr. t la: It?Our ohj- ct is to show Poole's brutal, savage ?hnmcter. Vr. Whiting ehjee'ed, and said that if Boole had com mitted a down murders, they could not prove that Hakm bud any right to take bis life. The Attorney i.'eneral and Mr. Brady also argued f..r nnd sgainst the idmhi-lbiltty of the evidence, the (! oirl admitted the estlmony. The prosecution excep'ed. (J. Did you know Poole ? A 1 did, sir. Wba' was his chararter for bvutaiity? A. H" was a man who, if he got into a quarrel, w mid punish another severely- I newr experienced hi* hrutvhty; I never was beaten by htm; It was my brother. y. You weie attacked and heaten violently, and never will recovrr. By whem were you heaten ? (Objected to.) The Court?It is no mat.er by whom, if it was nut hy I'oole. Mr. (lark wanted to shew that Post an 1 another man were bea'ing this man. while i'oole was brutally heating his brother. The Court to witners?Did Poole beat your brother ? A. Yes, sir. y. What was Toole's general character? A. I don't think his character was good. y. l i.l you ever hear I'oole say that he was the be it sweaaer In Vew York, and that lie had the best set of ? wearers about htm ? Objected to. ibe Court said it they went Into '.his kind of evid' torn theie woubl t.e no end t?> the trial, as Mr. Poole's ftiond* would Is. anxious to testify In his favor Mr. Brady >poke In favor of tbo odinlssiolli'y of the question. Nji admitted. Exception taken. The Court to counsel for the accused?You can ask hi* character fer truth and vcracPy. To the Court?Mr. Voola's character for truth and ve rael'y wa- bad. <J. Do ytu mean to siy you would u-rt believe him on oath? A. Not under ci.cum-Uncos; f mtan If he was ttitere?tad. Cro?" exan.tno<! by the Attorney (lcner.il?Was I'oole a bold, fearless man ? A. I ran't ,ay that he was always tearless; he was a man of uiilcfc temper. To Mr Clsih?l.lqnor, I think, inarle him savage. Tlie Court here took tlie u ual re:c<s of a quarter of an lour. <>n reaaaombhu* VIwin C. * line wai callTO the aland and deposed?I knew P*ote; l wank ?^Mliraall "o the cvning of 2-ith Tbruary, betwsSei 10 Bill o'olock; it was after the first altrsy and hedire Mm afsond; 1 was not present at either; there wis a a^rQIMn'(ius crowd there; I saw l oo c ihne, I rhook hanAtwith Mr. Poole wh"a t went 'n. 1 - i.| to him, "I understand you had a difficulty wtih Vorrlsaey:' he said yes. that Morrlsaey presen'ed a pts*"l *i til-n ami snappei It twice; J sild to him, " If y u liad killed Mor l.seey, you would have been justified." " Yes," taid ho, and he then pulled on* a plstJl and said, " I bargained f> r him to get away;" 1 do not know what that Rioins. Cross oxamii e?|. While 1 was thore Morrfssey. Biker, Tlvler, Van I'elt or Linn were not there; 1 saw a nural>er of them at Che City Hotel before I went toHtanwix Hill, I saw Turner. Baker. Van I'elt. and I think, Paniel Ijun. at the City Hotel, tbey wrte 'alking at the bar; I dil not hear what they were saying y. Were they whl?pei Ing arrosg themsa'Tee? A. Yee, they were talking in ordlos.y bar-oom converaation; Van I'elt was fitting down. I thick Mitchell was there. Turner flood in the middle of the door, hut I though', he belonged to the crowd Baudaen and Bakar were talking together, I snppcee they were there erne five o ten wtneter; f went out te the wnterotneae, and thwy were not there when I came back; I heard thar hul been a diffcnl'y at Staawii Hal), I think I heard It from ? man named Curtis; 1 might ha e he..-d it from V?u Pelt. a* 1 spoke t<> him when I went in: I did not ?ee any Of the party a tier I left the City Hotel. 1 thiuk I'.sile told n>e licrrlioej mapped the piatol at hl-o tare or three times; l gave hurt rnv opinion that he wool I he |>erfoctly justified if be had a ot Morriseey; I'oole did n?t sp uk to n.e ot any one else; I rec-llect Poole eu'ling ior two bo< ties of wine, ?n<t Mr. Dean would not let him have it lu consequence ot the prtcWroilion ot the Mayor ; I said he ought to let Mr. Tods have the wine, a* he had a-ked for it ten minutes helore Id; he let hhe have the w ? ne; I did not know the time but 1 only said this to gratify Pool*; Mr. Phay then, after we drank the wine, j wanted Poole to go home and he got hi in on the able Walk, but be (Poole) said he wanted to come In again to get a ae gar; ~hay raid he ( Poole) did not amoke and did not want u repar; they went in again, and in ahnut ten minutes 1 thought 1 bed better go home and 1 went away ; Poole bad been drinking, but I think he waa in a condition ?? fate care of biuiaeli; I th rught that Poole's war ting to go bark for a segar waa only a rate to go in and get i case more wine. To Mr. Clark?When I raid bese people were whwper. Irg together, 1 meant they were talking in oidinary bar i t < m conversation. Mr. W bitii g?Do not people generally talk loud in bar roomer A. it I tried 1 etiuld have heard what they said, I did not licai them apeak of the difficulty In htanwix Hall. To Mr. Clark?lflif not see Morroaroy at the City Uotol. Horatio N. Wild examined?1 am a confectioner. Vr Clark?dud Ah'.eiman, I believe? Witness?Couticliman. Clark?That's as bad?as good, I mean. (Laughter.) Witness?1 knew Po?le; 1 wan one of the jurors on the Coroner's 1/ quest; I wns not one of the pall bearers at Poole's funeral; 1 tin acquainted wit'i Baker since Ills ini tiatory steps in politics; he was an active young nau at the polls. Mr, Brady?We wi 1 leave politics out of the question. Witness?My acquaintance with Shay, Harris and Ac keraon commenced at the Coroner's inquest. Q. 1 id Acktrson, Shay, Harris, or I oilier, say one word before the Coroner's jury about their having pistols in their possession on the ntght of the affray ? Objeelt d to and excluded. Mr. Clark?What is Baker's character for goodness? A. 1 have heard Baker called a good hearted yuung man. C'rosa-examined?I have hoard that he had beeti en gaged in lights. Christian AV. ."-'chaffer deposed that h? formerly kept, the house called ills (iem, next door to the Broadway theatre; It is occupied for other business now. q. Slate tko difficulty that occurred at the (iem be tweeu I'nole aid Taker. A.Mr. Poole and Mr. Johnston came in about 12 o'clock in the day and callel tor some thing to drink; presently a gentler-an numel McCa-m cnnio in, and Toole said to him, "you are a lively looking fellow; 1 think I could light you," Mr. McOann sail to Toole, that he "nevf r had a good taste of lighting yet, or bo would not be so fond of it ;" Mr. Johnator was vr -y < ftclous in I be matter, and appeared as if be would like in see a light; ttey had some words nod made it up and bad u drink; Mr. MiCann went out soon alter and 1 went up stairs; while 1 was the e Baker came up and assed someone that wits there to g-. down and drink ; 1 tol 1 ha Tie le was In the bar and in liqu >r, and not to go theie, as lie might have some troulie; Hat said 1.0 came in that way and would go there "gain, and Dot trouble any one if they let him alone; 1 writ down a no oil* by tie hull door and came in again to the bar; Baler come to the tun ; ho stood fillet n feet frun I'oole. slid Toole iiahl to him, "You ctrry a pistol for ine 1 hear?" Taker lejdied that he would not let any one tiiher "lake" him or "whip" hint; Johnston seemed to make all the trouble; be said to I'oolo to "go hi," with thut i'oole made a grab at Baker; Baker retreated acre, ral steps; ftole fohuwid him; they gut hold of each olhffig and it was getting pretty veil ous when 1 went out to look fur an officer; cr nroing buck in a lew minuter, I saw Baker leanlngon his chest over the oyster box, and Poole and Juhnston were btalii'g him; one of them v.-as trylDg to gouge out l aker's eyes; Taker had a pistol iu liis hand, ami Toole sr.d Johnston were trying lo hold U down; "f or they got separated Johnston went out, and Baker came up stairs, when his eyes were washed; linker's eyes were very badly ustd; it seemed to ire as if they tiled to gouge them out; his thumb was also bit ten; the others seemed to be in jured too; tlieie was blood about them: I did not see Took afterwards that day; I do n it. know that. Baksr oarno there that day to meet u Mr. Byrnes <f Baltimore: 1 km w a Mr. Byines; I don't think i- w." Mr. Byrnes no asked down stairs to drink, I think it woo a Mr. Steele; J' hi slon was a taller man than Baker, but not so stout; "take" means whipping, aud "go iu" lnrous to com u.criccwoik. (Laughter.) Cross-examined by the Attorney-General?Baker could lave got out of the bouse wi'hout going through the hai; when they had him ovti the oyster box on hi.,ch-T. they were holding down his hands, and hitting him in he luce and g< uging him; Bukt-r h? I a ;>ist .1 in his hand; Tcoie said, "You cany a pistol lor me, I hear;'' Poole followed it up by saying "I cm take you?lean whip you;" Enkei was s'sndi-g at the bar al that time at the upper end of ilie bar, nearest the door where he mine ilowu -he (tabs; 1 don't think auy one catno to Baker's assistsnce until the police came in; 1 wa* up stain after HcCaun went out, and I don't know what way he came in; 1 knew Taker can led a pistol; 1 have seen It with b1m;hemade no secret about it; he said he c ir-ied P lor his cwn protection; he told me be bod called on si me judge und got bis poimissi-in to ca ry it; Baker said to me, a'ler some difficulty with Hyer, that he carried the pistol for his protection, and it aita ikert again, he weald not he so foorUh as not n use it. To Mr. l'rac'y?1 think he said he called on a magi' t - Me; iny impression is that it wis Judge Osbor ne; what Taker said to mo was that he had token advice of some tie, and that le wis determined to protect himself. To Mr. Whiting?I have seen Morr.'s'cy and I'audieo i.i ein piiny wi h Eater; 1 do not know Van Tell; 1 under stood tb's' Poole and Biker were at enmity. To Mr. Wing (a juror)?When 1 told Baker that Poole wus there, and mil to go into the ber. 1 was aware that theie was tnnidy between them?and as he wxs drunk, sr.d had quarrelled with Met ann, I auvised Baker not to go there. Join 11. Ha?klti deposed?1 know Mr. Baker about twelve years; J have always known Ehn as a peaceable qui'-t. and unoblreslve cl-izen, Andaman nf mild tem pi r; i wrote a resignation lor .dr. Baker, at liis request, whi' h I suppose lie copied; 1 recoiled passing the Gem in meciately after the occurrei.ee. ?ith a frlenc; we went In there: t'oole bad gone; Inker was tlievo; his eyo were terribly gouged and swelled, and shut np so thut he rnuld barely see; bis month was torn, sn-i he had a cut (i: his head from some instrument hauler than a list. To Mr. AVlu-iiig?l do sot know where that resigna lion Is; 1 would ntute 'hat 1 advised Baker to resign afle tie sffaii at Plait's; I defended him for the (huge of assault and battery on Ifyer, at 1'latt's ; it was in consequence of that complaint that I advised him it rtsign; I think the exsmfnati <n i-lmvoi -h?l i'lole vi. not present at the dillicul y between Baker and Hyer; that affair at T latt's w is two weeks before Baker resign ed; ifcsve sn ini press ior thu' 1 saw Baker's pistol at the Bern: 1 don't know whether ll had been dlsc.htrgsd. Thomas By rnes r-xatrined by Mr. Brady?1 knew I'oole in his liletime; I knew Baler about th- same time, n it so long as I knew I'eole; I wa? in the Gem at the time Mr. llasVlne wns there after the difficulty : Bsk?r seemed to he very badly cut; theie vr.m a cut on his head: his eye woiegiugtd. he could laidly see, and his month was loin; after that transaction I had a conversation with I'm If; I was at McComb's Earn; we had a drink; the con venation was that he wa< g-lcg to "take the nose end ears elf the d?d fngli*h son of a b?;" 1 d d not know who he n esnt by the Krglishman; he a<ke<l ru< what way I sn- going: 1 said by the Blooming i*lr rntd lie drove thet say also; wcn'op^ed to take ? drink or. I he road; he 1 ur a nis tol with bint, and he said thut if h ? v?r ir et the Ft glbli son of a b?rurain h- would gong. the ryis out of bW head; he pulled out a pistol and Sal* he would take bis life uny way; I did not know who h meant hy t),e hrglisb son of a le?. bemuse | always un derstood Taker was born In the Ninth ward. The witness was not croas examined. Mr. Clark?Eld you afterwards Warn who he mamt i?j the Fugllahman? A. I'oole told rre U was Baker. It was now half poat four o'clock, and counsel for de fence said they wished to adjourn. They bad no doubt of belt g aide toeorrludo their tesiim >ny on Thursday. Adjourn, d to 11 o'clock Thursday morning. KIiikm Comity Circuit Court. Btfue Hon. S. B. Strong. ACTIOS FOR MALPRACTICE AGAINST A PHVSiCIAN lite. 6.?Albert A. WiU'm, an infant <fc., a/amst Ina* K. Siiell.?At the opening of the comt thli morning, Mis. Emily Ftnovt, Mrs. Anning end Elizabeth S:eu'> v son, of tjreenpoint, repeated the erldntwe glren by them open the ft iiner trial, a* to the acdd'nt and the conui tii n of the bey after the occurrence. The evidence being concln* eci. Judge IMt, for defence, m< tci ? no**suit, on the ground that lira. Sncll and 1 iii.ee had joint ebsrgc of the ca^e and were, therefore, joint rsnti actors, as shown by the evidence. Oon-a auenUy the action could not He singly ngslnrt the ilenn ?nt. And, sgiin It was n"CO*-ary lor plaintiff tnri.? that tho rroitlflcatlon and loss of fingers was attrllmts 1? to gross i egllgcncc or incapacity on the part ot th feridnnt, which hnd not been proved. The Cerrt thought there w?s n-d eufticlent cvtdeu-c to show that It *s Ji j lot contract lietwcen the pla'o iff end deft ndent; and as to the application on-the lunn fround It would tea qoe-lion for the jury to determine he motion ft r nonsuit was therefore overruled. Counsel for drAnoetookexceptions to the ruling, which was noted by Ihe Court. Jucge t.ntt summed np ft-r defence anl Mr. Tracy f>r the p'alnillT, which consumed nearly the whole d ry. J ,dee Strong made a lengthy and able charge to the Jury, In which he detailed ali the circunisance. of the i ase a., glten In the evidence adduced. The jury th'n re tired, with dlieclione to biing In a sealed verdict to morrow (t' ls) morning, end Rim Court adjourned. Ihctiia) occupied the eltentiou of the Court for fvs J*/" first Iktafrtct Court. Before Judg" (Iroon. . 5 ? Inmrlisu Cofnorn (iptr'toY Thorn at finyin.? in application to remove a tenant from premises In Seventh avenue, for non fayn.ent of rent. From the all daeit I', appears that on the tir?t d ly of May Wet. "n - Joseph Cmther then the owner, leased the premises In <iue?thn to Mr. Regan for one year f om the sai l Hrs' day of May, at $80 per annum payable monthly; thai nbsepuently, a Judgment ?a? recovered again?t 'he said Cro'her, and an execution Issued the-eon, an! the sail

prendre* and lease sold under >ahl execution to Mr. Col man who is now the owner thereof; that there Is n >w due si* months jent, amounting to the perm nt of which hs? l-een demanded f-omsald tenant. aaLtiiat he has made default In th* psytmnt of the same. Th* Judga etuscd to grant the application, cn the ground that al though the etatnte authorize* these proceedings to re move the Judgment debtor when the purchaserli.as ae mlred title under exeentlon. It doea a rt authorize such or* csedirgs to remove the tenant of auch debtor for the nco-rnyment of reat, the eonv* ntional ralatioa of land lord and tenant not existing between the parties. Marina Affairs. The steamship Alabama Oaptaln Rcbenek, arrived at an early hoer yesterday morning froaa Savannah. TIm Legislative Police Committee* FACTS WITH REFERENCE TO THE POLICE OF HEW YORK- MAYOR WOOD'S TESTIMONY. Tin.* c mmittee appointed at the last session of Legisla ture, to inquire in o and report upoo tbe criminal courts sin! the police ef this city, held a session j?rsierdsy, la the Cliy Hall, Messrs. Crosby, Hopkins, O'heefe, and Stuyveeant being pi-went, The fo.lowtng is the rosjtu tion undtr which they act:? State ok Nkw Yo?k, Assembly ChAmm, \ Albany, April 14. 1865. j lietidved, (if the Senate concur.) ftiat a committee of three Iriin the House and three from the Senate be ap rrointsd to visit t.e city of New York and the city of "Brooklyn, and the committee hate power to send fur persons and papers, for lire purpose of ascertaining the 11 ode n? piocedure in tnecrimlnsl courts, office of the Chief of Police, station houses, penitentiary, almshouse and city prison in said clt*#s, and that they report to the next 1 egfslsture what, if any, further legislation is ne cessary for the lupptessiun and punishment of crime, and the better protect! n of persons charged with crime. Itssolved. That Messrs. Htuyiesant, Raker, aud O'Keeie be of such conimitle, on tht part ot t?is Assembly. resolved, That the f'enate concurs. In Senate, April 15, 1855. Mayor Wood war flie first witness ca'led, who testified ss follows:? Q. How many police courts are thsrs in the city? A There ere lour police courts reevgnized us su?*h. The Msxoi's court is a branch of 'be Fiist oistrict really. Q. How mar.y pdicemagistrates? A. There ate ahout seven. y. liow many policemen ? A. The whole number is l,lliO. y. Who details tbe policemen to serve the ctiniinal wane ms issued by the police courts? A. Tbe Mayor. Q. Hsvc certain officers been kept on that duty for Tears, and do they get better pay thauother officers? A Heretofore there lias been no period fixed foe detail; they have been kept for three to live years; the law makes no distinction in ftesof noliremen; they are allowed to re ceive presents only with the Mayor's consent, which is given on a printed form, and the donor must specify hlr gilt; all are recorded in A book; the receipts recrrdod last year amounted to $12,000; officers in courts receive more; their applications are not ao frequent lor the Mayor's consent; hence more seek for those situations. Coder a new order, to go Into effect on the 10th instant, tbe; will be detailed only for six months. y. Has there not been gre.it complain ', of fraud au<) extortion made against such officers? and if so, wlut, if any, notice lias been taken the<col by the Mayor or Ooin nrisrioneis ot ibe Tolioe ? A. But) few complaints hivu been nrsdo to the Mayor about fraud and collusion on tire part of) idicemen. What, if any, alterations or amendments ought to be made in the organization of the police courts, or the mode of elect ir g the judges of baid courts, or the mauusr of conduciieg the proceedings before them, to better snhtene 111" ends of public j stlse? A. Our practice ar c proceedings are moet|ilef?ctH e In police courts, 1 had a p'lice it agistiate plucva in my utile ? to remidy thxe abuses;the election lry tie people 1 consider wrong in Principle and in practice; there Is no respoasibili'.y; it Ley rfo wrong, they ranuot be reached; there is no pa reiki in any other public officer; they deal wrh property and life its prejudice or interest may lead then.; I have suspected collusion between magistrates and policemen, "skinners," Ac.- In ltce 1 have made iny changes. There is unoiLer evil. If one pt lice magistrate re uses to re cihe a comma int. lo other magistrate will receive it; h * nets rid el the complaint on the ground < i non-residonc?? in the district, the police magi** ate* go to the station house<, dismies complalots. and discharge ofienders; the Mayor has heard noniplalnts from them refused by (sdice iragi'trslos. and had them indicted; the Mayor's magiste rial powers nte as great as those of tli? Recorder and City Judge, I cderthe present laws ho lias all the msgisteiial powers possessed by l o Wilt Clinton when Mayor of the city. All the municipal jtower has been fritters 1 away while the criminal remains intact. Ho thought the po lite n agist! ates ought to he appointed by tbe Governor, instead ol e ccted. The number of police magistrates ho rented sufficient fir the interests ef the city. For the last ten years the police magistracy of the city Iras dete riorated 'the duration ol their term of office is not so iin( or rant as the mode of creation or appointment. The cino exreutive departments o! the city are indepeodeu* ot each ether, end irresponsible except to the ]staple. The character ot the police might be much improved by an incltase ti jay. Tbe Louses of had repute i * Mercer strict, he had discovered, had their favorite pou emeu, and he had broken it up by causing tbe officers on the*" bests to Ire changed every week. He had also found our ibat pereons woull have collusion with policemen In other parts of the city, and this was the reason lor changing the ?sen. Ll.c c< n i mi'tie thin adjournel till this morning tit ten o'clock. Commissioners of Emigration^ , The Pond met at 4 1'. M. Present, a fall boar'??the Presldtnt, Gpuan C. Wfiaxck, in the chair. It. Cabnocbai made the following report of sick on Ward's Island:? fetal number of patients 400 Ac untied 30-. Discharged 101 Tbegeuervl health reported good. A summtn* f.om toe American Institute, rein live V. the sale of some sheds near Castle Garden, was referred lo Castle Garden Committee and Counsel. A re-ulutiun was passed giving Mr. 8. B. Vale the con tract for milk; that gentleman being the lowest bidder. Mr. I'.ku.t tfieied a resolution calling for informali in. Cr.mu lrMcm r Kknkedy called atteotion to a oo am i cicalion of Sable it Cortla, sbi[ pers, that was published in the Nkw York HUULD of the 22a ult., in which th cciiiinisriosers ?eie cbaiged with acting uufiirly wit): the emigrants, liny (the agents) not oeiug allowed to so. Ihelr own passengers, to whom they wished to delivn mettsgea, letters, Stc These gen'lemen, wild Mr. Ken ntdj, Die shut tic known ?e psssenger brokers In Eu ro] p, who nut' e It a business to forward passengers t< the inlciter. The paper, said Mr. Kennedy, is u tempe lu be at ' rale ene. and would be apt to decleve those who ' no' familiar with Hie facts. They h id, it Is true, tried te get in-b ?'ibo Careen, and.were refused al hough they declared thrum Ives regular shippers; hut aaoording to tie rule no one is allowed inside, however vespec'able the fnm tiny reprennt. To show the character of the Ann Mr. F< om dj nad an afliduvit from one Jer.etGolde pas ?enger in Ihi ship ('< lumbfa, who charge, that she w? com jo Hed to buy a ticket in Liverpool, from the (inn ol i-able A Cor (is, from New York to foro its, for which she psid $-4, when the actual fate was ouly 417?hnwin an rxcess of charge on their part of 47. Mr. Kennedy n.euth ned other cases of a similar character, which bs lltged wtie tine. Mr. Kuiv h'pedthat oinracti; n would be taken to shew tlie public the true character of this Itrm; they were J.othlcg better tli&n runners, In his oulnion. The same view wu* expremed by other Cummiai-.ne s, whei the matter was dropped. KKTOBM. Messrs. F.. P. M<?ttt* and John P. Crvtivo, of a Com mittee < n Retrenchment, reported in favor of the di ch? ge of a number of ?mj loyrs, w hose -aluries aoiou if to $VS0 per mrnth. and the transfer of those duties t other officers, without advancing their salailes. Are duciiiu of ti e salurle of a number of others was also reci ir tr.ended. Ibis proposition was stoutly opposed bv Mr. Vurdy, and Mr. Gunigue expteased some obj-., tlllOB. The i< m lotions pie-entcd were taken up separately, ai 'I >11 ado'icd. Mr KmiY offered a resolutit n dhec'lng the Viee-I're i dent to lo'iulreof the agent of the commission at Albany If he cannot diapen e with a portion of his assistance. Mr. CUlKuux gave notice that,at the next meeting, bo shall move for an sniendtueut of the rules governing the hospital at Ward's laland. The Beerd thin adjourned. HTATKMKNT FOB THE WKKK. No. emigrants arrived to Nov. 28 1856 126,7<<> To. since, to Fee. 6,1866 61s Total 127,2b To same date in 1864 207. t I 1866. 18.1t No. inmates in Institution, Ward's Island... .1,832 2,807 Do do. Matlne Ilorpital.. 71 257 Totals 1.006 3,lot Balance in 1-ack, Jan. 1,1865. fell, 102 4o Aggregate receipts to Nov. '.8th.. .$1-45,087 15 Ki ceivvd since to lice. 6'h, f>ir com mutatiioni f pussengrrs, Ac...., 1.602 12 84" "19 37 Total $408,781 73 l lsbursi merits as per p evious ac count, to Nov. 58,1866 $462,963 14 No payments uiadeon Nut. 28.... ? ? Overdraft on Metbanics'Bank $54,781 41 Pollre IntclUgtncr. ABRK8T OF A FUOITIVB?SINGULAR PROCEEDINGS. Some months ago, a man named James Ilioomer was si rested on a chnige of stealing a valuable gold watch and chain, and be.ng liberated on bail, fled the cFy. Shortly after his departure an indictment was found agalr st htm and on the 22c ult . after much trouble he wan arMuted. In the Interlorof the state, by policeman Rnnw-ll of Albany. The man recently ventured to reiu' to this rl'y end was ye*te-dsy arrested by offi -er Whl'c he Tomb f of the Mfth ward, and committed to the Tom i tor trial. ItCBCil.*KY AND BKCOVKRY OF STOLEN GOODS. Jfee clothing store of Carl G*. Ones, 162 Bowery. was pRen Into at an early bnnr ye.terday morning and robbed of good a to the value of $1,000. * The Tenth ward police were notified of the burglary, and at nb .ut five o'clock officer Rucostead anested, at 24 White stree', J< stph H. Vai.h. aliaa Bel, a machinist, igain-t whom be bad euspiekins. The officer then searched the houte. ai d finrd upwards r.f four hundred dollars worth of the stolen go< da. A n an named Fodd, who was found n compatiy with Marsh, waa al-o arrested, and both wc e c u nutted, by Justice Brennan, for eiumlnaUon. Coast of General Sessions Before Keer'rder Smith. Y< sterday. during the aeesion of tbia Court, the District Attorney came before 'he Court and aaked for an attach n en' against Mr. John Thompson, agrntleman we believe doing business In WaB street, whom he charged with -i rib mpt'd Court, in not appearing as a wilneae before the I.rand Jury. The Recorder leeued the paper asked for. I'.uitif the dsy there was little excitement, in Court, in com e<toence of rather strong language by a witness while i n the stand. Jnlira fmlth a'ias E. Grope was on trial fer stealing aatrh'S. During the trial, a witness uism the stand, nndsr a severe cross examination, called the previous witness, George Giegor a ".<? d liar. this, ofenwrse, produced a alight sensation in Court, in the Btdst of whieb the party assailed arose and came to es ids the bar, apparently menacing the Court or witness arm the stand. An f fleer la attendance at once took hold of the pogiltatte gentlemen, who tmanediately took hi* sea*, and order was again metered. The Court adjourned Mil to day. Oar Virginia Correspond* nee. Rkhuo.nd, Va , Dec. 3,1861. Decition of the Court of Appeal# in the Cote of Cronin, Con ruled ol Manslauyhler?The Legitlalure? Fieu* in He yard lo the Senatorial Election?The Irish Movement, dr. Tbe Supreme Court of Appeal*, now in session in tbld city, refuged a svpermleas in tbe case o' John Crouin, convicted in the Superior Court of tbU city, on the 28th of October last, of the manslaughter of hie wife, and Ren te need to fire years in the Penitentiary. The cause which led to this sad event wu, a? may be remembered, the detection of the deceased by her husband, in compa ny with a man named Byron at an hour of the night, and under eircu matances which gave ri ie to strong sui piciotlH of guilt upon her part. Maltreatment at tho hands of tt e enraged husband wag the con-equenoe, and this liavtng produced abortion, death soon after super vened. On 'he trial oi the hnaband, before the Superior Court, his counsel, Mr. John H. Gilmer, entered a bill of exceptions to the decision of Judge Meredith, in reference to tbe Inadmissibility of the declaration made the deceased to the Cat noil; priest at the cenfesstunul. That decision was based upon the absence of of a proper foundation for the introduction of ttiia de claration as a dying declaration, the testimony being re garded insufficient to prove tbe existence of tbav sense of approaching death which could invest it with that cha racter. Tbe Court of Appeals, alter a careful investigation of the whole evict nee, reiused a supersedeas which is in of te.'Ugn affirmation of Judge Meredith's deci-lou. tbe poimhaviug reference to the obligation of the pri -at to reveal what jvss communicated at tbe confession il, was not discussed, the Court, no doubt, regarding ? decision upon that question extrajudicial In viewol the judgment upon tbe primary point. The Legislature met in this city to-day, aud organised by the appointment of Osoar M. Crutch It. Id, of Spotsyl vania, as speaker, and tit. tieuige Tucker as Clerk. There was no opposition in either esse. The name of ex-Gov ernor Floyd has been mentioned in connection with tbe former position, but it is supposed that his friends, from motives ol ex ledioncy haviog reference to h'a eleo ion to the place of Mr. Mason iu the United State* Sena'e, re ruted to penult his name to be brougtt forward, All f^voTS will be reserved for this important occasion. The friends o Mr. Moron look to his re election with consider side cei tainty ; whilst, on the other hand, the utmost confidence i tell in regard to the ex-OrvernOr's success, if the outside p pular feeling could be esteem ed any data upon which to ba-o en opinion as to the leiaiive chances of tLe two candids'es, I would be dio posed to regald tbe ex Governor's prospects more tavor able, thus fir. Ilu monopoly lilhrrto enjoyed by tin) eas'ein section of Ihe i^tate. in all the putdio offices of importance, preients very feasi do groun i* o' argument in tavor of liis dec.ion, and will no doubt be availed of by his iricuds. The gi cat prepondera ing powet f democracy iu ihe State i? concentrated in the region from wbith 1-c bails: and though it it conceded that iu a gteal measure the ascendancy of the party her# Is (?cured by the ovet whelming vo's of this seotion, the ptoj 1c argue that uo'liinr like an eq ilvalent for thai service l as b<en hitherto rendered. it Is not et all im probable that these con-iderations may iolluence the legislature to confer tliis boon upon tho ix-Governor by wsy of concession to tboWeht. It, i? certain that nothing will ho le;l undone by tho friends of both to secure the electli n of tb' tr far ortte As some misunderstanding seems to exist here wi'h reference to the connection iu which Know Nothlmris-n wan introduced iu my specula'ions as to tbe phase which the Irish movement r ow in existence wouid probably as sume hereafter, It is proper that I should hero repeat* what I lave already stated in my letter upon that sub ject that nothing savotirg of opposition to Know Nothing! m transpired at the Iri*h meeting, as might be seen Ly the published proceeding*. The remarks as t,o tbe character which tbe organisation would assume iu tbe future were founded upon a knowledge of tho in fluences which induced some to en/age in the movement, and bad reference to a period subsequent to the Issue of tho picieut enterprise, in other words, the character which 1 ascribed to ihe organization was contingent altogether upon tbe failure ol the present scheme. In deed, the proceedings of tbe meeting here went sucu as no one could object to, aid if their publication bad any effect, it was to remove any false idea entertained of the real character of the move moot; such, at least, has been the effect 1 ere, so far as my observations can enable tne to judge. Ism lufoimcd that Capt. f). T. Moore, too dele gate appointed to tbe Convention of the friends of lrelan 1, to assemble in New York to-morrow, has declined to act, and that another gentleman has been appointed in his stead. 1 he tesult of the deliberations of the convention is 1< oked tor with considerable interest by many. Whether their anxie'y will be gratified is a matter of doubt, in view of the private characer of the conven tion. It were better for the cause that it should be h <ld iu ti e same open, uniei erred manner in trhich the meet ing heic had assembled. Thtalrct and Exhibition*. Broadway 'iiiiAtLK ? Ihe new pley of "The Bankruul" will be perlornnd for the fo urth time thin evening. I hi" piece ban been re ^Wed with trore ihm u-ual favor, and Mr*. Julia I can Ifayne, who enact* the heroine, for c >n*i drrrdunite fortunate in having added it to her rrperUtirr. The rntertainrranta will clean with the amusing farce of "The Married Fate," in which Mix if. Harding perfo liate* the Au*i<ing yr ttng widow. Nintn'f?1 be Farcin ntid ballet troupe will ngnin ap pear in three excellent, rntei hilnmerts this evening To-' lirat piece ia the cr mica) jautominc < nil *1 "A Soldier t >r love." To he followed l>y a grunt divertia.emeat of dnnre?, in which ll'Ue. Robert mid her arrciaUnta appear o great advantage and have been nightly encouraged by the ni'tt enthuaiaatic dew titrations of admiration, the umueemrnta wl I clone with "A-pbodel." Bi.vmiy TRXAIRE.?The worthy manager of thfa houae, ever on the alert for ta'ent and uoveliy, ha* effected an engagement wi'h Mr Mr oihroyd Iaircloogh, an Ameri can fragecian. of whom report speak* luoat coinmen ia hly. ilr. Kaire'oi gh will make Ida dried t'na evening in the arduous ihurocter of Richard the Third. He will b - ably supported by Mr und Mr*. Ward, uud other popolir artUt*. 1 he l<ugliahle farce of "The Hole iu the Wad" ia the final piece. Birtcn'b Th?.itrk?The aucceaafol eorredy of "Falun Pretence*, or Both Sides of Rood Society," whirl aeein* to gain In public estimation with eicv repetition, will be produced for the fourth time tt> night. The cam oin braceathe namea of Meaar*. Burton. Jordan, iJyott, Ir#f flngwell, Morae, Mra. Thome, Mra. Burton, Mia* Reig n* Ida. and other* of the unexcelled company. The favor ite tarce of 'Tillral# firound" i* the after piece. Waila< K'a Thkaite ?Mr. Moore, the gentlemanly trea surer ot ihia popular establishment, preien't an admira ble bill for bi* benefit to-night. The selection* cooaixt of the charmirg coinediea of "Tlie Itowagcr" and ' Th* .lealona We" b th of which have recently been award ed ihe higi.ee' probe tor the fine manner in which they ??* rendered at ibl* home. The principal character* are repreietiteo by Meaar*. Lester, Walo^t, Mra. Hoey, Mrs Com vt r, Ac. Wood's MiNrrmna.?This favorite troupe offer anotbor change in their pr 'giamtiie for thia evening. Beside* negro tongs dunce*, eoloa, Ac., they will perform the Shskr penrcan Ve>*ion ot "The Maajuerade Ball," in which George creates no much merriment aa the door keeper. Biikiky'* SKJirsanioui.?The intemely ludieroti* bur lestjuc ol "Villikln* and HI* Dirah," continue* to draw laige crowd* of the tun-loving community to fidfl Brovd way every night. In addi'ion to the bur league they ot fer a great variety ot aonga, Ac , In the rendition o* which they are unexcelled. Acadlxy Bah.?The principel member* of the cete biated itrtiupe formerly known a* Christy'* Minstrel", will o|en at thia houae next Monday. Met nanus' Hah ?The troupe of Juvenile Bell ringer,*, whore perfo.rn atice* are ?atd to be very wonder'ui and pleasing commence next Monday. Brooklyn Athynai j?.?Mi.* Acna Spinola. a?si*t"d by aeveial unimnt artieta, will give a concert of vocal aud tn*trnmestal muaic on the 13th fnat. Mra. ASIoit.? The playgoing c mmunlty will be grati fied to )eafn that this tali ntcd native actre** ha* Ireen engaged by Mi*a Kerne for the Metropolitan theatre. Destructive Firk in Kicbmond?On Saturday morning l??t, a fire broke out in the barroom of Mo* Sbakrpeare Ht uae, and resulted in the deatruction ot * large amount of uTopctty. So rapid waa the progress of th* fiaire* that it waa found Impossible to aave anything of value. Im'etd it wa* with *otne difficulty th?t th* oc cupant* e-c?ped with their li?ca, one man having to l**p fiom n tidrd a'ory window upon a porch in the rear, from whence he rolled down into the yaid witaout receiving -erloua irjuiy. The drug afore * f Mr. S. M. Zacht Wron. _ the corner i f Slxtli and Bread atreeta waa very ?oon on fire, end although every effort wa* made to Nulidtin the flumee, the interior wa* comp'etely destroyed. But very little of Mr./ac)wi-*on'a *to"k waa saved. Meanwhile, aevi lal atrnll building* on Sixth atreet. dlrec'ly In the r?*r caught fire fine of the*e home*. occupied by C. A It |Waller*t< in, wan considerably damaged, a* were al*o the hnrk kitchen of 1 he Sbak.-pcnre tiou ? aod the rear of Ihe tenrmcnt adjoining on tue east. Tlie roof of the ton ket boure war on (Ire. at one |>*ricd. The upper part of Mr. y*ctirl**i n'a *tore waa occupied by H. ton (Iron ing a* a P'Cst imnufoir'nry. A ecnr Iderable por ion ol hi* *i< tk w?* drrlrojed. The hi Hding occonie-t by Mr. Bra * ey belonged to Mr. Jatue* Wlnsion. ai d waa in*nred i.. be Mutual r fl ee Ibr iom-tlfrh* of il* va'ue. Vhat oc enpted by Mr.7achiia*on, ** well a* the fnune tenement* in the ica', were owned by Mr*. PoLard, of Amelia conn ty, and were simlbirli ln?. red. Mr. Bridley had in in *n>ani.f of II (00, while he estimate* hla loa* at $2.MW. Mr. 7acbrf*aon waa insured for $8,M)0 which be think* alii nut ever hi* tn*?. Mr. Von throning loaea about M (f(i. The total value of the property destroyed i? #?? I'matrd at from tlfi.hOO to l'JO,OCO ? Hickmoml Wkiq, Pre. 3. Fihk at Hamitsbtoo, Ky?Thi* morning, alront two o'clock, our cltlteua were arou-ed with the alarm of uie, which waa fo und to have o iginated in the three ?t< rj irrfok atorehouae belonging to Captain O. Itaviea*. < i> M* In street, which wn ? entirely conrumed. !/)?* ol Captain l'a>Ic**, $8,f 0fi, no inaurance. The boib'lng w?* ??cupl'rt aa a ?tore by John J .W>rea, who?* loa* ia fully covt 'ed by it alliance, by Shelby ville and .?tnn agcncie* In (hi* place. Two large dweiltrg houae* belonging to ? - ' - r - -* ? Jg.OJO, Hr. C. L June* were af-o consumed?loa* about I no inaurance. Mra. 0. A. Wbeetley occupied pert of Rr! Jonea building aa a fancy a tor#?baa *mall. ?*y ?M?, no in'uiame bne aueceeded in caving Iter gjud*. J. D. Sn.rth A Co., gnoda damaged in removal?no inaurance. The Came* weie arieated from going north by unroofing ihuilfing occupici by J. D. dirltb A Co. W, B. Kdelen. the I _ . ... . . grsd* damaged by rvmoval ahm the good* of Robertson A Fiker, ard Vivian A MeBrayer. I arnage fully eovemd by imuraoce of ilic three laat nerned.?Lowuitfl* Jour nal, JVor. 84. ^ Important Railroad Movrm?NT^-We are ln (V imed that the Pre*lden1? ef aanoral -f the antlniehed railroad* of Vtrgtuie have been Invited to attend in New Ymk ?n the 10th Inatant, foe th* perpoe* of having aub aaitted te thawi. by certain heavy Iron enpiUMata and other*. rrxpeaitVina #o?nected with th* completion of 1 iced*. raid i Additional Vewi from nie-s*^, TBB TlOidlll AHD CASTRO QUA IlKEL?HIGHWAV B01B1IU8?I INK A UTS?TUB MB8ILLA TAtiLlf ?CASH?KIOT AT JALAFA? THBAHUKY OKDJUt The HartUdo of the 18th November publishes, under head of "important documents," three official eomrau nieaticna exchanged between General* Castro and VI duurri, on the matter of the Mexican frontier* being In vaded by what both chief* call a "party of American Ml> boater* and Northern robber*." The facta are, that Gen. Vidaurri ordered Gen. Caatro to inarch with the di ?i*ion onder hi* command to defend the invaded province, and that Gen. Caatro ret used to comply with what he call* hi* deatre and duty of avenging tbat national out rage, on account of Gen. Vldaurri not being the right man to order htm to do it. Highway robberies are prevailing more than ever all along the public route*, especially from Vera Cruz to Mexico. The Spanlth actor, denor Kobno, write* to the Hei-aldo a very spicy letter, relating hi* romantic adven ture with a jparty of highwaymen, on his way from Pue biato Veia Cruz, and exculpate* them, a* all blame, In hi* opiuion, ought to be thrown on the Mexican govern ment A public exhibition of fine art* wa* to l>e opened at the Academy of San Canoe, In the city of Mexico, on the 26th nit. The Proffrtto, of Vera Cruz, think* that those three million* to be paid by th6 United states a* an indemnity of the sale of the klesillu Valley, and in compliance wl'U the 11th article of the treaty o! Guadalupe, will not (all In the bands of Nruta Anna's agents, but in-o tho-e of the present admiiiiatiation, they saving, at least, a small auui of Ihe immen e amount swallowed by Gun Antonio, a* they now call the ttuice runaway Dictator. A seiiou* disturbance took place at Jaiapa n the 29 U f October, on account of an oiiicor of Santa Anna's par y making an unlawful descent on the house of a pea e ful citizen, stabbing him, and ordering the soldiers under hi* command to Ore upon the jwtopie. Ton disturber was iuon overwhelmed by the united fo'ces 01 tho veteran corps of the militia uud a laige number of citizens, and seut a* a prisoner to Vera Cruz. Honor I rieto, ihe Secretary of tbe Treasury, ha* Issued a long circular, addressed to tiie Governors of the Pro vinces, in which he announces several reform* to oe soon introduced iu the system of management of puolic funds in tbe repub'ic. lie advocates "a canceo'ration ut all faculties in the bands of Get. Alv irez a* u measure of order, thus *uuibilatiog the vi'es of tbe proceeding sys tem, and uprooting the evil* of the last administration. OCR VKKA Cs.CZ COllRESrONDF.NC;:. Vera Crux, Nov. 21, 1853. Official Ajijetintmails tjf Ahartz?Gownnunt, /Utwrifwm ? The Pintot in the < 'apiUil?^Intrigue awl Insecurity?The Governor qf Vera ftm Hit Acquaintance wi'.h General Scoll?The lehuanl'pec Ihailroail?Trait Report. I give you the ilat of appointment* actually made up to the last mail Valle has been appointed ?y the Minis ter de Relaciono* \a Consul to New York, vita Don Joa quin del Castillo, who wa* f, rmerly Consul to Matamoro* and wa* lately *ent tohew York by Hants Anna. Thi* (tep ha* been received brie w itb great ci-t pleasure, a* Cuh tlllo ia rated ene of the most honorab'e and capable young meu of the country. letter* ul o stale that Al varez ha* refused to couth in the appointment of Valle,'as he had already appointed a favorite of his, called Garcia. I,'ou Iguacio Ksteva liaa been iem;ved from the post of Collector of the Custom House, and the oflioe offered to Don Jorge do la Eerna?junior partner of the house of L. H. Hargon* & Co.?and who ba* just returned from ad exile to your city, lie cecliued the offlco, naming a* a lit person 1'on Jore Luta Etuarto, whose recimmemlatl in is ibat he al* i was a rfcsfemuto, though a Santa Annis'a. Humor has fixed upon Gen. Don Iguacio llasadre as Siinlster to Washington. This give* great satisfaction. He is generally acknowledged one of tbe most talented men of Ihe country, is a liberal of the old school, and was a ftiendand fellow patilot of Guerrero, Gomez, Pelrazi, and Haram.s. Jo*e M. Duran ay meg engineeiing officer, ha* been appoint) d Consul General to the I'uiled States, and goes over ?iy tbe nfxt packet. Tb>* la eon*Mered one of those ridiculous evidence) of fhvoriti?w, and "111 not go far to ledum Alvaier. bom hi* nick-name of " Uurro Pinto," or "spotted ??*," as Doran, though a tolerable engineer, ir rather a p< or diplomat. lh? new government seems also anxious to gain some of "l.lCojoV (Santa Anna) celebrity, as already over four hundred proscriptions have suddenly startled tbe commu nity; and most 11 tbeieturned exiles who w mid uottakean active part in tbe lute revolution are nuwcl >->ety watch*! by government spte-, and General Robin is known to be most obnoxious to Alvarez. I'tivate letteiB slate llie cspitsl to lie in a deplorable state. Ibe troops who came in with Alvarez are looked upon by tbe populace a* their "natural en mies," and should *n enterprising ltader rush in with on" of the exiled regiments, the poor I'lntoa would stand a bad ebar.ee. Ihe city is full of intrigue, and affairs can hardly re main a foitoiglit as they aie. Why,evens' tie Pant* del Pa* a<>, whin Alvarez entered not a tew mnertnt (d attaa) to him weie loudly sung out.' Iu fact, the old man 1* not at borne in the capita I, and will resign as )oon is he can < o so giscelully. Vldaurri i* n w 'slkec of as the only man able to cotnn.aud. Almonte and fvoo'es are also much spoken of. Don Joan So'o, presto' Governor of this Htate, if n strsngo genius. He has some celebrity? Le is known to fame as having blown u i the bridge of 83 Plan, (ions < f the finest works of the old SpanU'd* ) with the view of stopping the pr. gress of Gen. Scott, who, of course, quietly forded the tiver; and he also g*iue.l Home celebrity when the tevolution b ol.e out agiinat Arista's government, by coudrg with his pocket* full of blank commission* and promotions, to get the army to return to its allerisnce, and got laughed at for his pains. He was also old not to hurry Ms departure from the city, as he was krown to he perfectly harmless. Tbe news fr?m Tehuantepee ia highly flittering. Every thing I* now in readiness to proceed with tbe building of tbe railroad, snd by the 1st of January the operatives are expected here to prnced *"; once to Miuatitlan. Commerce is at a stand still. None of our merchants dare to order out goods, and this mnstltst till the govei o ment is actually settled, and this a* yet Is not even hoped cr. AHCEUTU. Itrmi froot Tnu. The S?a Antoniu Herald, ??f th? .Olh uK., hat the fol lowing paiagiaph:?Fr im article* that we notice In our exchangee, we are ltd to cooclude that the War liepart rner.t bn* leceived official information Uiat ha* Induced the belief that Capt. Callaghan'* expedition wasgotten up by the filibuUerr., in consequence ot which we learn that ordiri have he en received by the common >r of tnu de rBitmeiit to pi event Rny farther domonsirettaa of the Ind, and to have all those engaged la the1' illeglian ex ptdiliou arrested an 1 tiled for a violation <f the neutral ity laws. The War r.epartmen' ban beau wrongfully In formed. Cant. Callahan was acting a odor the Oovurnor'i authoiity. The General wid have an Inter eating time in executing the order to arrest those composing his command. The Im'lanola Bullrlin reportR the arrival of the P. S. sttau er Fashion at trat port, on Wednesday last, from New Orleane, with one hundred thousand d liar* in spe cie on hoard, consigned to the I'. S. I'i ymtste. at Sen Antonio. Fioin a report of pioceediuin In the "tate Ijegbdature we gather the following intelligence:?In the enate a les.lnlion has been inirodu-.ed inttructlng the Cou prcssiocal c'elegatl-n to uige a treaty a itu Mexico for the extraditiou of slaves excaptng Into Mexico from Tex as. The following nmotg other hills have also been in troduced:?To incorporate the Texas nod New Orleans 1 digraph Company; providing for a gcologioal survey and examination of the- State- to prevent the carrying of concealed wen porta. In the House, a j int ins .lutton in stioctlog the Texas Senators in Congtesa tw vote against the repeal of the Nebraska act has been adopted, and a bill accepting the proposition of Coiig>e?- with regaid to the payment of the eiedltt r* of Texas has been intio duced. V. e clip from the Galveston Cloflhtii an I GazttU of the 2sd, ss follows;? Ihc W'tirm 7'xnn says, that a test days sicca, the com pany of iscgei* under command ot Captain Tobir, bi vouacked wltt.lr. a few nitlos of San Antonio. They have been takirg en Indian survey of the coun'ry west, but have made no imp-or'ant dl-eoverie?. Crmpany li, mouxted rifle*, under the command of Itrevet Captain Mel ane, fonu list Mcintosh, were near San Ar.ti nlo. Another company of rangers lately ar lived in that ci'y from the frontier, under the command of Captain W illiam T< m. Tti* ecaipany and '.hit unde Captain T< bin aie now discharged. Ihc lavera Ihrald herns that the government coast f.ipot for Western er.a* ) as been located at Klach Poiut, near the Mission rlvir nsart'o|?no bay. The Fan An'onio hriin states thatth- multitude <-f giasshopp f r-> that hale been passing over that country lor the last tew dsj* have completely ruined the till guldens. Euih the cotton end sugar crop* ore reprerented as tinning cut very fa'rly. in many portion* of Texas. Th? ?nt/ictt lays:?'The repsort ot the oom niasl >ner .if Die (?< i.eml lai d idt.ee submitted to the rremnt Is*, sta tute makes the tolli wing exhibit of the laud* of lexas? T. 'al area of the *h< I" Nate ITS,AM,640 It let! by Mexico ami -pnti 22.Sgf.44l Cnniimed by art <.f lb.':1 3,741 sell t iatirs ui.der the it) public an<l .*<tate of Texas 44 All ?M Total aces granted 71 140,411 loving a tidal pubdc domain, after sati fy log all kn< wnclalin- . 1 #4,4-14.140 This repoit show- t! e am .on- ot o.'d title, under wpaln sn-l Mexico to be 2,(*.'12,907 acre* less thsu shown by pie vijus reports, that atnoun hsving teen **! aside by the Court*. 4if the lands be'ween tlie Nueees and Klo tltkivl, coo iimd by the act of MM, 1,374,010 viva have be?n sur tyid ?n<! returr.eil to the land < fll;c. leavi'g 2 344.812 cies of the same ontl'anding. Aw Impohtawt Decision in Cos**.'Ticrr.?In the case of Mate In vs. O'Nell at ale., in the Suppe-itr Court, Judge Waldo ,swarded to toe plain lfT 4IA0<t* n agis. It was *n actl< n against a Roman Catholic priest and others for Interfering a*, the dt-a'h bed and perform iig If nan < a'ho'ie rite, against the wishes of the plain tiff, who hel spied to the f'lotestsnt Kptvopil 0h<ir-J>. in 'he ci urse of the rsse. the prisst being "? the wi'oes* staid, was inquired of a* to the eonffiaaion of the dying woman. The ipuit'inn waa objected to in iheerntind tket it had no 11 Irvancy to the case, anil on Die further gtt uod tha? I' ? *? privileged r omvrunle.tl-.n and r ml I not be olerloeed Ju. ge Waldo aftei argnin* In which a itcmt Vi'gli a esse was il <a to sustain '.he objection to :h* quest loo t<. k the -ose into con-Id-ration and 4s (Ide.) that ron'essh-ns to a prteet were m t by rh# law of O Me< Dent pitvileg (d, and that the priest ir.,ght ae ?om leli'dto chfl ae them on the witness'eteud. He al?o dnlded that tie qii'ation aought for in tl i? p<rti-uUr iase hsd ro re'r ran-y. and waa tberwt'.re inl-npertsnt hot, he said. If bee an tree it wonM have the least bear' h g m ths case he ammld erv>p*d the prlewt "odDtUw* t ? Ail litem J' vrnaL.