Newspaper of The New York Herald, February 13, 1857, Page 4

Newspaper of The New York Herald dated February 13, 1857 Page 4
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4 ffEW YORK HERAL?. OOB*?> tfbrubtv. LB1TOB AMI PBOPBHTOm. w. v. onxn mr kabbac abb pulton m f A UP */. n-M.for. TjM T.ttL ) HEJI liA > f *' I*** f7 p?r "Mo*. TK* i-W&A'.' I HKKm LD T~y SmW??, < !-".V ? ?<? >xr Ml O. ??;. J< E .'Ofwan ( .?* ?>?, Bi>f<r aiunm, t* apart a(\3'*u < rtui*. or It < ? f Aar( 0/ M CmIw. /tt? I <* * #*'. g* vOl. *'1 Ijil (Y RR EXPuSnKftCF; <wta tini i/nnor Jw/.i; .J .'/if ors ii'.v s ?" '?> >/' ?Ar ?-.//-W--V?Joa, vift to Cw/.<' u r ?jr('lkKW||i? IDMOfO UMTS Alt* pA*rt?? A HIT Hv.VWTtB TO 8SAL tU. L.HC.EU* ADD 1'ACKAfcKf ?*?T V?. NCaVoTH'K ? ' ' n/ otirmpnou* rcmtrtm. ration*. Wt do p*r tr. 'i (/?" ? 'i< 'tif JOS' 'RJNTlSli <u/.-?'?U *<"> 0/afner* Bn<l dmTf>? KKTISF. \ BSTS r*.,-*md ?r?rj/ 4a* ( mXT.!.... .... no.a AMUBXKBNT8 THIS BTEH1NO. MWilViT THEATER, Broadway llgnciRlAN Kt? paauta a solribb ror. lovl. LOU OABI>EE, Broadway Figaro?Ticat Ren Mm-l'o>G?? Midima. Will tutni, Bawery?Bhak Hills or Rata? Au Rjair- Walla cm VITON'S IfBW THRaTRK, Broadway, eaaeaK* Road a * SwrotarTH-. -Wamed, 1 AO Haiima -Lova a.ndMi-udek ViIiLiOl'8 triratrf, Broadway?Oamuaa?'twas i. APR A HtKBB'B thtatrr. CM Broadway-Kabul n jf.t -a -hooi. roa Tionics. AOal'KVY OF MUMO. Fou-teeacb Italian Oiba? laBaovAtoKB. ABA VB 6 AMBIOAN MT?aC*. Binadway-Aftarwa-HoM<k'< Fin Qcita atji arc. Jiemoi- .nr an'b Duaw wBC CEBT8TT aHD WOOD'S KIRRTRKLR 444 Broad By Bran r?A? ravrovaAi" t? Tvw O.D iYock. RVOKLiRT'B AWTIBHaPRRA. 66? Knadway Xtbioplat i?aaauii Lil ?e/i a doani a ?bfhakt06' HAIL, t"i Broadway?neoro miuima tB, >t Mbhlihs cr rua Okigisal Cbbihty's Mimstkua. O. 327 HSOAPWaY. opposite .be Broadway Tbeatrebmbhid rui HrAnuro I>r.sr, B?vv 1 arh, Friday, FVbraary 13, 1837* BwrtAxr of Buelneaa for 1R57? Bdwrrtlalng and < Ijh nlution of Use Herald. R la ao ackooaltdycd geoeral fast ibat the business o" tko metropo Le for lSt 7. open* under the moat Mounstatne aaspvAS Notb'cg irdlcaUs this new mora than tbe growth aid deTekopeaienl cf Ike tewspaper prow. Tor feiko try n Ibe dady o?rcuiatw>n of Tm Haw Yobh II? raid for 16t6, '66 aad '67 dortog cowmporary date* to this month ? Dally cocutat'on ot the Hbeai n 1656 53 000 V?- .?* 3 CRM fin AA.I HI U?. i ? ITJ.W. Do. do 1667 81,640 Ttie following la ib? movement In our advertising bmsi SOOT 1665. 1W6 1867 J? n ( $1.1.'* 67 Jan. 6.. ?j :>t? ft) J". 3....$3,34M .ran 13. - I 47 JSd. 12 . .\Cf,l J r. 1 ' .. 3,4.10 4 .Tun 2U 2,13360 Jtr. 10. 7 3?l 13 J .r, V .... .3,476 3 > Ju, JJ 2.0T6 40 .'. n. u 2.0# V.I i - 2 . :<,?? 2 Feb 3 I m M I 1 2 2 ll M J B. 3 .. I 71811 To'.k' <*-- 39 Toial $1,812 03 Tot*! $15 >59 31 By these statrmi r tr It will be seen that the movement of iheHia p in circulation and advertisementa la pro yveasive with <hat o: thia metropolis and the whole Colon. Tfale jeans a bie now the largest circulation of any dallv Journal in t rope or Amerlm. It exeeeda by several thousands the sggrega'e circulation of all the other dally payer* of a 'Ike raik and price In the city. Indeed, If we had at misery capable of printing faat enough, we might rlae to one hut dr,d tlunuar.d U?ts per day at eofyait) eiglUy :Aou ar.d. Oar new presses and itesm maohlnery, which we eipect to havo in working o-dcr In leas than a meath. will enable us to print neariy double the number m the tame time. We shall then be able to meet the pabtto demand The 8irwi< The kUam-blp City of Raltimore, from Liverpool, at rived at this rort about twelve o'click last night Fhe brings four days later news. The intelligence i* important in a financial point of vie*. The KngViah funds bad declined M<> 4. with a dull market ?ottnn continued lirm.bnt bnadrt ;tl~ exhibited a declining tendency. There were report# current in it the war with Peis a wan at an end, l-nt they were not gmerally credited. Owing to the lateness of the hour at which the news cane to hand we are unable to give m re than a mere epitome of it. f*ee eighth page. Bj way of New Orleans we have a fortnights latn news from California. The only important intelligence ia the election of David C. Ilroderick and Dr. C.a in to tie United States Senate. Trade was doll. The mining news, however, was favorable. The MmUer, of Mexico, >ta'ea that it has received a multili.de of letters trom Monterey, urging it to aak the Supreme government not to grant ah quatur to Mr Walsh, th" newly appoint- d United States Consul at that port. It -.tales that the grcniLds al'egtd by the Utter wri e^; fir thkj courts tha Mr. W alsh j? ^ mitrhmiln. and has not been ftatnruH/cA In the I'nite-i States; th it he has been an agent of Walker in Nicaragua, and still professes marked filibuster opinions. Under these circumstan cs the Monitor think* it would he prudent to de fine giving Mr. Walsh his rzrqwitur. How is thisT Has Marty turned filibuster? Moth tiouies of Congress have adopted a reaolotkm appointing a ruaiiuii'rv >u iu "1111 KK innKui hum Vice Pierldent ele?t of tlieir election, aud iom jittc to make the neceaaary arrangement* for the inauguration ha" been Delected on the part or the Henale. The repeated failure of the m il! between thl-Vi'T aud Warhinptou induced the rtenate veeterday to dip ct Inquiry aa to the < ause thereof, with a rita to an aatement of the evil, if po*;ib!e. A joint ?e<-olntion declaring the vote of Wmcooaia id the late Presidential flection nail, aud that it cught not to have t>een admitted and incli d(<l in the count ot electora votea. wa? di.i owned and finally laid on the table. A tn^naoria' fr in nt r?ne of New i\*k tu-kiug government to ooou|? urate Mr. Allaire for kia loreution of tUc attain chimney, 'aid to he one of the moat im potto. t of mode i di-' over'fa, rvaa prvnented. The Home i \ iwd n i?ji i 'v nfu-' il to lay on the table the resolution from th Commit'ee on Etoethina ?until g tie- e-itt i,_ d? >7 t tr. kanrv*. and the anhject wa? poet . 'I l l till -a'ur laj . The diacin?k>n on the taiiff wa? continued iu Committee of the Whole. The d< kite will < I on Monday next. After an investigation of tA.irtten day* duration, marked by circumstance- of an extraordinary < ha rac?er, and attended with an unparalleled peibU ex eW-imnt, the testimony in the Bond street tragedy wa? in ught t a concJueionraaterday. The in<pie?t Undr adjourned till S:?t onlay. when the coroner rill ram up. and rubait the ease to the jorv. Ttte proceeding* of jexteiday were confined to the eri 4mr* of medical gentlemen, who examined and mm!) red the blood and ataini found upon artx le* of clothing and upon varioH* part* ol the house. This hetimony 1* rery interesting. Tt ia moreover perfectly ?lear to the unprofessional render, and free fiom thow al?nrd technicalities which the faculty usually employ on similar aces idone. Paring the discussion of the tnirder of Dr. Horde 11 a ni.mber of theories, more or Icm ridion Iso*. bare been advanced. One of the morning paper* the other day endeavored to demonstrate that the deceased had lieen killed fcy a petaon who had previously l*een aeut to 8,ng Biug through the inatmmentnlity of the Doctor. The police weie gravely called upon to look tip this malicious and blood thirsty inJivld ial. f Hut neither the police nor the jooiual alluJed to gave tbeir i-elre* any farther trouble, *o lar ?a the put die ar? awaie. The hereabouts of thie calumoi sted cnlpnt have, however, lreen diacovered. He I* fulfilling hta dettiny in the penit'nthry at Rich *n<l Virginia. Cr me ia rewtagioua and Las It* "run," like abad or s new me lo drama. Attmeslti* la'ceny. or arson, or burglary. Recently It was the garrote-now It la mnrder. Scarcely has the sho^k o' the midnight aiwaesinat ion H>nd street passed .way, when we alafilcd b/ m ccuuitmtioa A a iittv h irdly K b?" horrible at tbe town of Bingham, Xaasaobiis?_-*.tK The particu'ars are folly set forth elsewhere in our columns. The facts are, Intel/, that il?e?a Q. Gardner, Postmaster of the town, recently died under circomstanoee that led to the belief that he bad been poisoned by hie wife, lie was an in vaM. She had, he told his physician, previous to bin death, repeatedly said to him thdt "he was a nasty, worthless maee of corruption, and nothing could core him bat a ground sweat., and that if she mil 111 Ittop Knr uraii Kn Jannl < ta/utn Vano U. " TK# investigation lasted two dajs?they do those tMngu more expeditiously at Bingham than in New York? the evidence was foil and convincing, and the wife was oemmitted to prison to answer the charge of wilful murder. The Tammany Haft Sachems progress very tilowly in their efforts to re organize the democratic party of this city. The committee having the subject in charge met at the Old Wigwam y sterday amd held a "talk" upon the subject, Hut adjourned without developing their plans, and with the understanding tha* their action rtionld be kept a profound secret. The groundwork of the proposed reform has, however, become known, and is briefly sketched in another oofcimn. We have Turks Islands advices to the 17th nit. The Ro\tai Standard of that date says:?We regret to say that not a bushel of corn or a barrel of floor can be purcliased here; indeed, provisions of every <kttcription, it might be said, are scarce. Our regular importers, from Mime cause or other, have not coine up to the mark in supplying the market. We have on hand about one hundred and twenty-Ave thousand bushels of salt; the last sold, vc understand, brought fourteen cents. M iny of the hoi lers arc anxious to sell before the new crop comes in. The weather is very flue at present, and the pans throughout the colony, at East Harbor and Salt Cay in par- j tirular. are in a forward condition for this season of the year. In the case of the alleged filibusters, the evidence for the prosecution closed yesterday. Our report of the proceedings is given in another oolii'un. Our readers are referred to the de patches und :r the telegraphic head for the latest news fioat Albany. Tic departure of the steamer Baltic his been postponed, in order to complete s me necessary repairs. Hi a cotton market via more actlr> yesterday, wKh sales of about 6.600 bale*, doling Arm about tne quotations given in another cohimn Flou- was In steady demand, with a fair amoist of sa'o*. eluding so:uo parcels of Stale and Western brands for esoort. Whoa* waa In fair request, wllb light stock Holders wero 4rm, with sales of common to good Western ana Southirn while at SI 70 a Si 76. an 1 rei .'outleru at $1 64 a SI CO. Oorn was InaVbe, with limited su!i? al 70><c. a 73c. tor Westerns mixed from iter.' acd de livcred; small lots old Southern wtnte, from store, at 83c. Tork was heavy, with fair (ilea new men at $21 40 a 831 60, and old oo. al $70 80 a $20 40. Sugars were steady, with ta ei or SCO a 400 btda Cuba moa cox ado, ICO do. Pint-rare aud 680 boxes Havana, on teimep'ven In inotber column Coflee was atesdy, with sales of about 6,COO bags Rio at 103. a lO'.o. Freights were without charge of moment. To Liverpool, 1,000 bales of cotton were engaged al 7 3sd. a l.^d., aud beoon at 26s. Mr. Buchanan's Cabinet?The Secretary of State. The Cabinet of Mr. Buchanan etill remains a mystery, and continues to be vigorously discussed tiy the ncwspapeis and politicians throughout the Country, and especially the question who is to be Secret at y of State. It is acknowledged on every hand th.vt the Premier ie the only point of difficulty, and bin position the only one which will l?e invested with an Indcpendent responsibility of any serious importance to the new administration. All the otbc-r Cabinet offices may be readily filled, as they are simply offices of a well defined routine of duties, from the Secretary of the Treasury to the Attorney Gem ral. But the cool sagacity and comprehensive mind demanded from, and the broad margin of di.-crttion which must necessarily be givm to, tbe Secretary of State, in his personal conversations and official correspondence with the representatives of foreign Powers, upon all the delicate living issues connected with our foreign relations, are considerations which make the selection of the Premier a step of the highest importance. Pt rhapa, too. the question of the succession may be taken into the estimate of the political bearings of this office: but at all events, it is the initial po'ut upon which Mr. Buchanan still dvii'Tutes, find upon which tbe ansicticj o? ?7?smeutial aspirants and the public curiosity are just now concentrated. immediately a'ter the November election the Iiojm ful clique s and coteries of the democracy as tively liegan their plots and Intrigues for the Cabinet Among the first in the field were the old fogy" movements for Cass and Marcy, respectively as Secretary of K'ato. Tne prendre of Western politicians and Western letter writers in tiebalf of Gen. Ca-s threatened In tbe outett to cany him iu by storm. A little cool reflection, however, on the part of Mr. Buchanan, with a survey of the political horizon, soou convinced Lim that Gen. Cis* was eutirely out of <i ?..?i uu .1 fcUV ljU< nil' II?C V B3C 11V T1 ' ? YU' U. IKIJll'J^'^l and settled accordingly some time ago. Gen. Cass is tlie futh< r of 'Squatter sovereignty"?a doctrine in which Mr. Bucbanvn i? not a be lievir. lie believes in tbc power of Congre* otct the Territories. Again: The fln>t ide i of a foreign policy with Geo. Uu? is a war with Eng ' IfiLd. ?Uk Mr. Buchanan seriously thinks tb;t' peace with John Bull may bj trudo to an?wcr our purposes even b tter than war. Upon Geo Uastir* re exists a widespread disugt'anient in tie democratic party, which Mr. Buchanan do*< not care to take upon bis back, f inally. Gen. Cj*is too old for th< active *1 ut:. s of the State Ik partment. atd hence he is not tbc iuvt for the place. The Marcy movement, started by a few de crepid oflictboldeis and the old women's foreign organs in Wall street, has never amounted to an) thing tie tergiversation* and dmiUo dealing* of the Pierce administration having rendered Mr. Marcy. wc suspect. an " obsolete idea" with Mr Buchanan. Thus Cas? and Marey. each upon the mo?t ?at iafactnry objections. wc undertake to say. have be* u decisively set aside. At present wc find the cliques and factions of ] the- party divided principally up:>n the merits, prospects. services and fitness of Mr. Gobb. of Georgia, and Mr. Robert J. Walker, of the Pacific Railioad, for the post of Premier. We locate Mr. Walker ujkmi the Pacific Railroad because ince bis retirement (rom the Treasurj Department be appear' to bare been a diiftiag speculator and stoekjobUT, with no fixed habitation i xc pt it be the Pa?o drl Norte and Gadsden route for tbe Pacific Railroad. Daring the last six or right m<>ntli? he b?? engrailed himself upon a littie New York clique c?f speculating politician", who look upon the new administration a? a job. and whose entire policy Is to make money out of it a? a fir ancial experiment. If this were tbe only objection we should pronounce it fatal to the aspirations of Mr. Walker: but there is another, and of a more serious and comprehensive character, concerning which wc incline to believe the President elect will have taken care to be dnly enlightened. The Few York clinic in t'JC 'ervige of Mr EW YORK HERALD, ER: Walker is a railroad stock and contract gang ot >qvcu)atore, but the Walker clique at Wtuhington in & political clique, which is actuated by afiy other motives than those of friendship for Mr. Buchanan. This clique, for example, is at the very head of thqrmovement in the Senate to defeat the Dallas- Clareadon treaty. In the State elections of the last year General Case was overthrown in Michigan, and Mr. Douglas was severely rebuked by the people of Illinois. Aid three stinging misfortunes to the records of the Cincinnati Convention, and we discover at once the RH*picK)UB party elements of this Walker movement at Washington. It is but little if anything letter than a disaffected and treacherous conspiracy to manage the administration of Mr. Buchanan, or to distract, divide and destroy it. What is to be the end of these Cabinet plots and counterplots we caDnot yet determine. Oar conlidence remains unshaken, however, in the coolness, -sagacity and discretion of Mr. Buchanan. We still believe that in any event he will first secure himself as the master of his situation, and will be particularly careful against the introduction of over-ambitious or treacherous elements into bis ministry. He is now at Wheatland, removed from the sinister influences of a dtbaucbed capital, and in a position calmly to take his ground and to select his principal official adviser without regard to the warnings or threats of aspiring demagogues, or scheming enemies in the party camp. In this view, the appointment of Mr. Cobb, of Georgia, as Secretary of State, would be eminently judicious. It is urged against him, in some quarters, that he has had no experience in diplomacy, and is therefore unqualified to grapple with the high responsibilities of the State Department. Bat the same objection might have been urged against Marcy in 18">3; and yet, if we have passed through this Pierce administration without a war against the great naval Powers of Europe it is due to the diplomacy of Marcy. Why may not Mr. Cobb equally distinguish himself in this new depart ment of official duty? His antccedeuts are those of a safe, consistent, conservative statesman. He is a young, vigorous man?a man of talents, ability, industry, energy, character, and distinguished particularly for his practical common st nse views upon all the great political issues of the day. This was illustrated, to a considerable extent, in his stump speeches of the late campaign, notwithstanding the prevailing democratic hue and cry of niggers, disunion, and civil war. In & wcid, with a Southern conservative on foreign and domestic affairs, like Mr. Cobb as Pre mier, Mr. Buchanan would secure the initial ap pointment of a Cabinet which might safely challenge the respect and confidence of the country. We understand that the President eleot will cot again leave Wheatland for Washington till perhaps the very last day of February, from the admonitions concerning his health, resulting from his late visit. In the meantime we are further advised that his inaugural is substantially completed, and that the only material question to be solved is his Secretary of State, upon which wc may look for r de cision within a very few days. Mr. Bach man has doubtless discovered that he will not be permits, d to sleep upon a bed of roses, but that dispersions are already creeping into the camp. He will have seen from the defeat of poor Forney at Hairisbnrg?from the proceedings in the Senate upon the Dallas treaty?from the Cass movement. the Walker movement, and other Cabinet intrigues, that he must be the master of his position, like Jackson, or the victim of fatal concessions to cliques and factions, like Pierce. Mr. Buchanan will also have observed the remarkable fact that while the opposition journal* of the country are disposed to treat him with fairaess.and even with generosity, the strongest symptoms ol an mm ana noauitiy nave wen icaKing oui from thie or that fuctioaa quarter of the democratic Citirp. Tbe solution of all three devclopcmenteie aim pic enough. It is this: that a broad, conferva live, icil- pendent national and honest admiuistrution will be sustained by the masses of the Anurican people, whatever may b" the small revenges of baffled democratic spoilsmen or politician in the traitor's policy of rule or rula. The Sttukoach Opera Searok -Bcccmm or the New r'v -tem of ADVEOTHixa.?The opcralic season, commenced at the Academy of Music four weeks since under the direction of Mr. Strn botch, expires by limitation, with the perform nnco of this evening. Compared with the experiments in the same line which have preceded Mr. gtrakoech's initiatory attempt at rnanagem< tit. it has been crowned with the most brilliant succps. Fry was ruined; Maretzek ha* boon ruined a greater number of times thau the Irish heiress who bad been aMuckd so frequently tbat she could not remember tbe exact numbrr of tim<'?. and began to like it: Faioc was ruined, and I'balcn was ruined, and Coit was ruined, and (>le bull was ruined, and the Opera has always wound up with a solemn dirge over the mangled i< mains of tbe unfortunate manager. Mr. Strakcecb, however, pajs all his artists full salariesIn nilv-anrr nlftttkR flnwn rifJi nn (ho nnil i'lit trot jibing, anil come* out with a balance on the right sidi of hip books. All this has been accomplished in the face of l?d w? at her. balls and parlies to divert the attention of the wealthier patrons of the Opera, and the most malignant abase from some doeen or ho of small hungry daily and weekly newspa pits. Fot Mr. Ptrakoseh, a hen be commenced his season, pat in practice a new plan of advertising. Formerly all the newspapers in the city had the Opera advertisements, trusting to benign Providence for their pay. Mr. Strakoech intending to pay. in advance, and not intending to throw away any money, selected the three or four journals acknowledged to have the largest circulation and the widest influence. He has steadily pursued this course, (except in one or two cases, where be threw in an advertisement, with a dollar or two. prolwbly as a matter of charity ) and the grossest personal abuse has been showitid upon him and his artists. The papers of the least consequence have been the most violent In their dennncintioce of the manager. lie has been t\9saulted personally and professionally, and no term of reproach has been found too severe to be used in eonnirtion with his name. What Is the result t The widest publicity has hi i n given to the Opera by the principal journals, while sympathy has lieon created for the manager by the groundless attacks that have tain made upon bim by the fiwsAi tmntih of the nr.all daify anil Sunday papers. That these attacks have swelled his receipts there can be no reasonable doubt. The motive in making the as saul* wn? too apparent. The amall fry journals sajd distinctly, Q|yf U9 a ftw dollars worth of IDAY, FEBRUARY 13, 1851 advertising per week, and we will puff your opera; vjmit to give ue the few dollars per week, and we will exhaust the vocabulary of abuse is assailing yon." No such contemptible exhibition of meanness cod venality on the part of a portion of the press has ever been given since newspapers have existed; and it is well to know that the efforts of such con npt journalists have in nowise injured the object of their wrath, but have reacted upon themselves, and called down upon them the scorn of the reading public. Well, then, Mr. Strakosch's plan has succeeded. He is the first manager that has paid his way,

kept all his promises to the public, and finished bis season with cash in band. We have no doubt that his course will be imitated by all managers of respectable places of amusement, who will now see that there is no necessity of throwing away money on the small papers, through fear that if they do not receive their sop they miy buit some one in their hungry ravings. The advertising public generally owe much to Mr. Strakoech, and bis success will stimulate others to foilow his example. Of the fact that he has been successful the best proof is that he intends to continue in operatic management, and that his system of advertising and conducting his business affairs will remain substantially the same as before. Resume of the Bur (fell Inquest* The last of the evidence before the Coroner's inquest was taken yesterday; to-morrow Coroner Connery will charge his jury, and possibly Sunday morning'B edition of this paper may contain their verdict. What that verdict will be, a thoughtful review of the evidence may perhaps enable us to foresee. Tbirtetn days' investigation?on amount ol testimony unparalleled for a Coroner's inquest? a degree of activity and pressure for evidence rarely witnessed on any former occasion?have, it must lie confessed, left us in possession of very little pertinent testimony on the subject of the murder. Over two-thirds of the evidence that has been adduced will not be required by the public prosecutor. And we are bound to add, with the most poignant regret, that the most important evidence, which we might have had, and can never have now, is wanting through the ignorance and carelessness of the Coroner. We relp: of course to the testimony of Mrs. Cunnfflgnam and Eckel?whose brief examination only shows how much might have been learned had tbey been thoroughly questioned. To sum up the facts: We are certain that Dr. Harvey Buidell wan murdered m his room on Friday, 30th January, at an hour between 10 and IIP. M., by various stabs made with a sharp instrument in vital parts of his body; that the murdor was committed immediately on Dr. Burdcll entering his room from outside, on bis return home; that the deed was so skilfully done that the victim cried murder in a choked voice, and made no tcnible scuffle, though a robust man: that the assassin, in going out, left marks of blood on the wall of the passage and on the door. This may be said to be all the evidence we have bearing directly on the deed. As to the persons who may have committed it, wc find that there were in the house at the time of the murder. Mrs. Cunningham, her two daughters, her young sons, John J. Eckel, George V. Snodgrass, and the cook. Of these all testify that they heard nothing. According to the testimony. all. except perhaps the boys and the cook, appear to bare been, according to their own evidence, awake at the time of the murder. But Snodgrass, the cook and the boys Cunningham were seemingly in the attic, which a sound from Dr. BurdcH's room, especially with the window open as 11 was, nngni not reacn. iin>. cunning ham, her two daughters and Eckel had been left together in Mrs. C.'s room. Mrs. Cunningham swears that Eckel left her room between ten and eleven to go to bed. and that she handed him a note after be was in his room. But the witness Farrell. whose testimony has been assailed without much effect hitherto, testifies that, at the same hour, as he sat on the steps of the house where the murder took place, listening to the sound of the scuffle and the cry of murder, this same Eckel, in his stocking feet, suddenly opened the door, and thrusting his head and shoulder out, called to him roughly and ivskod w hat be did there? If the witness Farrell is to be believed, Eckel is not. Eckel, unfortunately was not reexamined as to what be did with himself that evening. But as the time of the murder coincides so remarkably with that of his appearance at the door, if we believe Farrell, we cannot believe Eckel when be swears be known nothing of tbc murder. At the very beet construction of the evhk-ncc for him. he must have been in the peerage when tbc dying Burdcll cried murrlcr. and rolled over ' as heavily an a flour barrel.'' Panning Anally to the motives for the murder, we have no evidence that any person wa? on very l*d terms with Dr. Burdcll except Mra. Cunningham aad her friends. We have heard stories ahout people who bad vowed vengeance against him ; but the authors of these tales do not ncem very proud of them, at the present writing : and they arc not in evidence. But it is in evidence that with Mrs. Cunningham Dr. Burdcll hid had long and angry intercourse. She had been his mistress. They bad parted on such unfriendly terms that she sued and aimed him. while he declared he stood in fear of his life from her. She wanted to make him marry her ; he wanted to get her ont of his house. Oo her examination she swore that she was his wife, and produced a certificate of marriage with one Berdell: but, the belter opinion seems to be that the man whom she married was not Dr. Burdell. and this opinion is strikingly confirmed by evidence that on< mrnth after the marriage she gave instructions to her attorneys to sue him?(her husband ?)? for breach of promise of marriage. On the day following the murder, the lease of Dr. Burdell's house to another party was to be signed: this armmnlishcd. she would have been seemingly thrown into the street. IT Dr. Burdcll lived, then, she had in prospect nothing bat destila ion and poverty, perhaps with Eckel, with whom she seems to have bad relations: by Dr. Durdell's death, assuming that her marriage held good, she obtained at least her dower, no mean thing; and very possibly other testamentary advantages of which the peculiar turn which affairs have tahen has prevented our bearing anything. Whether this state of things constitutes an adequate motive lor the murder, the public and the juries can judge. Such appear to be the leading points of the evidence as tbey bear on the crime. The memory of the reader will supply a few which hate necessarily been omitted. On these facts two theories have been cemstructed One is that Mrs. Cunningham and John J. Eckel were the murderers; that they diugged Snodgrsss and the Cunningham girls ' with oj.inaj or other enpority? in the orangey I and tigs which Mra Cunningham shears that iickt] brought home that oight; concealed thernselvee in the Doctor's poom till he appeared, then fell upon him and unitedly assassinated him; that Eckel went to the door to see if any one was watchiDg or listening, and was seen by Farrell; that the clothes used by the murderers, the cord and the knife were made away with; that these two persons?Eckel and Mrs. Cunningham?are BO t.O P.riniP thuf Owttr nmrn nnuhhul tn purme tbeir usual avocations next morning without betraying by the least agitation the awful deed they had done overnight. The other theory is that Harvey Burdell returned home and found in the room some person who bore him a grudge, that this person murdered him, and escaped, not only without alarming Mr. Eckel and Mrs. Cunningham who were cloee at hand and awake, but without meeting any one, at eleven at night in Broadway or the Bowery, who remarked the blood that must have smeared his clothes. This theory is purely conjectural, and no evidence has been adduced in its support. The Coroner's Jury will doubtless express a preference between these two theories; wc have no desire to anticipate its verdict The case has however, by this time drifted on the tide of public excitement fairly out of the hands of the temporary body over which Mr. Conncry presides; it is not in the power of the jury to add anything to our knowledge, or to intensify or weaken auy of our impressions. The wisest thing which that bodv ran do will hp tn rpnilpr a ahnrf. and tmnoot verdict, as quickly as possible, and surrender the case into the stronger bands of the District Attorney and a Grand Jury. TnE Gambling Indictments?Recorder Smith on a Law Point.?We recently complained of the District Attorney for his apparent neglect of duty in the matter of some two hundred indictments against the gamblers?said indictments having been found some time ago, then hung up to dry, whle the dice box rattled as merrily as ever. We pointed out the inconsistency of Mr, Hall's oonduct in endeavoring to carry out his political sobtmes disguised under the name of city reform, while the duties of his own office were negleoted. We have now received a copy of the decision of the Recorder In these cases, and we give it elsewhere. He arrests judgment after the defendants have pleaded guilty, on the ground that they being guilty only of a misdemeanor, were entitled to a preliminary examination before a magistrate. So the Recorder, on a purely tecbuical point, discharges the gambleis and whitewashes their characters; for although Blackstone dclines the words crime and misdemeanor as synonymous terms, yet the impression conveyed to the unprofessional reader by the Recorder's decision is that the keeping a common gaming house is improper, but not criminal We do not think that the Recorder's law will stand as a precedent, and the District Attorney should get a decision on the matter from the Court of Appeals. Wc cannot have the Recorder's decision accepted as a precedent. Discxion Convention in New York.?We pee by an advertisement in some of the paper* that Garrison and some of bis compatriots Intend to hold a Disunion Convention?the first of the kind in this State?at Utica, on Monday and Tuesday of Dcxt week. The feeling which produces these disunion conventions, which started at Worcester, has, from opposite causes, many supporters in the States of the South. The recent Commercial Convention at Savannah was almost as hostile to the constitution, without being nominally so. as the Disunion Convention at Worcester. The efforts of the anti-slavery patriots of the Tribunt newspaper, and ether supporters of Senator Seward, all lead to the same result and tend to the same end as this Dis ] union Convention. So we find turbulence, trea i son. disunion all at work to culmiuate in some grand crash in I860. ClIAN the Streets.?Broadway is passable at last, after nearly a month of blockade; but this result is owiug more to the exertion of the abutters than any action on the part of the authorities. Meantime, all the side streets are in a \ hortiblc condition, and a midden thaw would moke them impassible for weeks to come. Let the Common Council wake up, and if there Is no money in the hand* ol toe proper officer, let a special appropriation be made. The small town of Boston lately appropriated thirteen thousand dollars tor the special purpose of removing the snow from the principal street*. The metropolis should not 1>e l*-hind the village* in attention to cleanliness. One ok the Leash Stoitep.?Governor King ha* vetoed the Supply bill of 1856, because it included large sum* to lie paid to travelling legislative committee* of investigation. The constitution 1* clear on this point,and the Governor'* veto will lie sustained by every honest man in the State. These travelling committee* are constituted merely to provide for hungry politician* daring the summer month*. All th>y do is to interfere with the executive officer* of the State andjeitie*. i T11K LATEST NEWS IY PRINT INS Ui9 MAGNETIC TELEGRAPHS. ricwa from Caliawnla. election of pavip c. b*opl*ick and 0*. owinn to be united ntatbh senate. n?w oat ran*. Fab ii, 1**7. Tba ataasabip MM wirnor, nro? Haraaa, u omiii uptbarlrar. fh- braya callforaia Jalaa In tb? 20th aji , racairad at Barui by tba Mil ataaaar froa Aa JnwalL David C. Brodartok baa baaa alar-tad Caliad sutaa Baaalor traa OaUtorala for tba laag lara. aid Pr Gwlaa far tba abort lara. Bttb (aatlaaan vara oa tbeir way la Baw Tart by tba Gaorya lav. A aarara aartbquaka bad baaa fait la tba aootbarn part af California. Trada la Baa Fraaclaaa ?u doll. Tba aalalay aoaoaala wara yaaantily Ibrarab'a. Wa bara aotbtoy latar ot a dalalta aatara (roaa Nloa raiaa. Navra from tfathlnyton. the kiw Bnrrran minim-kb and aw riHii.rcarini.t rtecttlationr? a OLIMrNI at bpCBANAN'r inapqcral?TBB BTBAM UfltMNKr invrntion Till < orm pnon rommittcb'a uk fort?a mew tari1 f rchehb, btc. WAwiiwotiw, Fab. It, 1857. I bara jo?? laaraad from andoubtad authority thai lord Napier, the n?w Eagluih V niter accredited f> tbi? country, will he loeomptaied to Wuhlaftoa by hie wire aid fear eoar. it ?eea* that Lerd Napier hlaeelf de ired to receive thle app-ttntaeel. aad teat It wa* gire t to hla by the lereraaeat of Lord Palaerotoe at hi* owe eoliettattoe. Frna the earn* high quarter I here aeoemieed that Lord Napier I* oalneat'r qualified for hla eew poet. He la an teeedinily amiable aad Ulealed aaa, aad haa all the reqniremeata to raader > hla popular here. He entered the diploaatle raake in ltd*, aad alaoe then haa beea employed oa oarerel Terr la portent mtetieae. Nobm or the loudna lonraela epeak a hla lordebip aa helaff verr qulek temporal aad Irrtta hie. Thle la entirely a mletake, aad rprlngt from the mhrepreeeitatlooe or Ihe nppoiii<oa It te true that dar in| the tlaa N ?m attaohea to the Oeaeiaatlaepie ( miaaton be bed e quarrel wllh Lord Stratford de had _H oltue, bet 11 la well known that the latter la B* H oberacter ibai no en* can get along with, aci ? tbat be wonld qaarrel with an angel freifl M beam Lady Napier, who acoompaniee the new Mia later, la a high brad, Intellectual and acoompittbed woau. She will be a great acquisition to tbe society of H Waabtngtoa, and la lib*? in fbot from her qoaUfoatlon* ' and taleata to beoome the oentre of aU tbat la really at tracllTO and elerated In tbe Uau monde ef that city. Two of bar ft or rona who aocompany bar will either be aeat H to Canada lor their eduaaUon or will tu> - LB high claaa icbool In the Dotted States. j The Cabinet la not yet settled apon. The principal point of the dlttloulty la the Secretary of State. The oonteat, however, Is narrowed down to Bobt. J. ! Walker and Howell Cobb. It la believed mat Walker I has lost bis lnttnccoe and puttige, and that he la merely put forward by a ooterle here anything but friendly to Mr. Buohanan'a successful almlnlatratton of the generak government. Maroy had never any chance. The very *> name nsembera or the Senate who defeated the DallasClarendon treaty for the purpose or aaaklng difficulties lm f * ad vance for the Inoomlug administration, have been try- a log to force Walker Into t be oflloe of Secretary of SUtc- j'^ with the aame object; but 1 think that In spite of their ef- ? forts Cobb will yet succeed. *'H 1 understand that the Inaugural address Is entirely* written out. It la a most comprehensive and lumlnouw document, and la simply an amplliioatton cf Mr. Bur cbanan'a letter of acceptance of the nomination ol thep . Clnolonatl Convention. It opposes squatter sovereignty^ and thiowt overboard t'jat vagary which waa originally* started by General Cass. Mr. Buohanan is no| expected} I In Washington before the end of the month. In the? meantime we are all In confusion to know who will bet Secretary of Slate. Ine mystery on this print 1s almost) as great as that which surrounds the murder of Doctor! Burdell. I The Corruption Committee are ready to report, and are! only waiting the arrival or witnesses summoned on the! [ part ot Mr Gilbert, of New York, vbo Is one of tbe mem-1 bers Implicated He aaye be oan disprove tbe charge* , made agalut blm if the committee will wait forhlawlt- I e?mm, who are detained on the road. The report of the ' f committee beara strongly against oertaln members, and i I If they do not lose iheir seats I am greatly mistaken. | Both homes of Congress htve agreed to a Joint Com- r, mlUet to notify the President and vice Presilent elect ol T their election. Severs! executive communications were received, but none of general Importance. Tie memorial ? or George Law and otheia was presented to the Senate, f asking compensation to Mr. Allaire for his laventloa of 1 the steam chimney. The memorialists pronounce it the greatest Improvement of the age. Messrs. Pearce, Bigler ' * and Fool were appointed e oemmittee to make arreage- V menta fer the reception and Inauguration ol thePresides! J, elect Great Indignation Is manifested by both houses o? ' J ' Congress agslnst the Pont Offlco Department tor their h- e> efficiency la not getting the mailt through from K'W a , York which bnve been on the road for four day*. Ir. s Wilson enbmttted a resolution directing the Poet U(bc Committee to tnqnlre into and report the cauae of nc ' constant fallnra af the malla. This was well timed, ea > o this mail foils on aa averaga of two daya out of thro. Whore fanlt la 11? Mr. Clay reported a bllljrepeahog sc flshlag bonntlea. The 8onate ooasum id the day la ' dlscnsslrg the bill authorizing the Seeretary of the Nay to purchase additional ground for the navy yards it ' Washington and Philadelphia. The Bouse transacted no business of importance. M. I)e Witt, of Massachusetts, and Mr. Kustece dellvenJ F.. speeches on the tariff, which attracted the attentions ' ? the Houae. The latter defended thi sugar Interests i? ' v the Sonth. * ff' la the event of the follnre of Congress to pass a bill ( , . reduce the revenue, Mr. Campbell, of Ohio, will prase * J; a Bsanslal measure, (bow under eonaideretioa In l? Committee of Weye and Means,) the depositing of >e surplus revenue, isservlng two millioni of dollars, vtb the several Btatee, In proportion to the federal rati of - ,, representation, or about 971,000 for each member, be > States to pledge their faith for the saTe keeping of be ? V money, and refund It when required for the purpose of * the general gnvarnmaat. It li proposed to piy onealf r. of the surplus oe the 1st of July and the r< maiodeon ? , the 1st of Oc.ober. vi. Upwards of etzty pestengera arrived thla morng. * the flrst wbo have e rot ted the Husqu< henna slscc inday for Waehlegten. r.. Instmotloas were totwarded to-day by telrgraphto Nov nrlmmnm MBMralnn (Km MnHwnww a! rtannnisi of anew can* brought by U>e bark Release, which arrived th? oa the Mb tnat. Appiieatloas at tha Patent Office for \ *r are coneequenlly aaaleaa. ? I*. The Eiperlrd Kuatcrn Hlrameri. Bovro.v, has. U, 1M7. The lira at Kaat Cambridge tbla evening, preetra ad tt? r Eaatarn telegraph Una*, and our lateat dispatcher Iron Portland and Hallfhx are to 0 o'clock, at wklob bent j"f nothing had been heard of the ai pec Led (learners from Liverpool. CHIHTT-KOl'hTH COKUHCM acoMo nation. >J ich Senate. a ? Wahhixotos, Fab 12, 1867. asa fAJunne. ?h Mr. Worox, elMaaa . offered a re eolation, which wati jfj'r adopted, tnatrnctliic the Cow ml t tea ea the Poet Office to- h " Inquire Into the oanaea or the repealed failure of the matla between New York and Waahtni;ioa during the ^,h praeant aeaaloa, aad report w hat regulation, if any, It Monetary to rant dy the aril. 'J, 1 THa miroriATion. Mr. Punn, of Md., offered a reeolnUon, which waa adopted, directing Iba prealdlag officer to appotat a com m'tiee cf three to make the neceaaary arrange men it for , the reception and inacgnratloo of the Prnaldent elect m rni or wwt-oxxix. r Mr Otniptm, of Ky., offered a joint raaoinUtm that; the electoral rota of Witcoetla In the law Prealdaautl i election, being gtren on n day different from that pre- y eon ted hy aw. waa therefore noil, and ought nw to have been admitted and laolndnd In tha oonat of al aw oral k retee t, Mr. Two*mo*, of Ky., aald that Wisconsin wet Lee a bortt that bad beta dteuuiotd in iba raoa * I oaae u behind time. Ber role ehoeld net be eeeeted ' Mr Cirrnwi re nrgeed Ibnt It wee Important to d iter* mine whether the rote * boo Id bo oonatod. Oeeen ntghh ' beriafter arLee when the rarolt of the Presidential doe- v Uon woeld depend on n etmfler onee, and there eood be > no better time then new fer eettllng that question ' After e brief debate. the reeolutlon waa tabled The Steele eonntirrrU la the House resnlotlon. rot the appoints en t of n oommtttrr to tnlerm Meanra. B' chases acd n-rot to ridge of their electlea. MjNrm Kiiut of ErprfirnUlUr*. WemujK.Ton, fob It, 1M7. r??r> ro? tu ? aare *tk>n ? thi v on or wiecomn*. Mr. Jont, of Tm, offered reeel niton tbet n oem bIUm of two bo appointed hp the Boom, and on# bp the T, nolo, to wall upon Mraera. Roebnooa nod Breokla ridge, ud to form them (hot tbop won dolp elected rro. etdeht tad Vim Preatdoet lor ftor poor* from tho fourth of Maroh, 1M7. Mr. Joo?? aold ibnt ihlo rooolntloa waff agreed upon hp tho tallora. Mr. BrnnuihT Menmuti. know that Ihooo iwtlHii wora elected, aad waa aa naeb la fhrwr of aiektag that J declaration aa aap geoUrmen ooald ha, hat ha dam red tho prelim I oar p boater ea traaaortod agreeably la tho forma of the oeorUtnttoa Yenterdap Um Praatdaat at Iba Senate rreetred a report from the tot lore, aad aa o that, while tbo eat# of Wieooaata waa oh el too pod hp a member, Uia Home declared tbo remit. Bedealetthe J' rorrecUoa of I hot proceed leg. Tbo two hnneea meet, la ccarratloa, coaror, la order to prodooe a reanlt aad * adjuet tbo qoeoMaa la conlrororop. Mr. .toooa, of Tern , bad Htralp pointed lo tbo fang that Wtecooala had not oaat bar oteotooal rata aa the dap ? deaiaaaled bp law. r ? After aa rarffbotaat mcdloa bp Mr. WaLLmurma, Id * lap the reeoleUoo aa the table. It waa adopted. Mr. Drna offered a reeolettoa deciarUg Meeara. Bw- t. abaaaa aad Brecklarldge dalp elected, aad rurtkav, that a the rota of WW cone! n oonld not bo oonntod without a 1. rtalatlca of the prorteioa of the ooaatltatlaa, it act boring been coal aa tho dap d eeig noted bp law. TbeFrtAicn declared the qoeaitea ant of order. Tha journal ehowtag that a dnrdemilea of tho elontloa el Frealdent ead Vice Pieeldeat waa made paetardap. to i rfotlre tke reoolntlpn, woold dtaaffl'tn that fad; keimeh, a tho Bonea had eenetr?ellre?? approved the Journal ' Mr. Di an aald thai It ibonld be dlettaetlp elated wbetfer the role of Wwoomla wni counted or art. Mr. Praama morr<1 tho correction off the jureal of prolerdap, to ahow that Mr On bai moved tbti the rot# b" of WacoatlB tboald be reacted, that Iba Preolleataf 11 thr Hrt>tte had rtil?<l the motion o.il of order aed that V1. whtla both houeee woro togaWier, on Motion of a 9e?ato?, the Mat# retired fer eeneultatloo, ud that la that mi aor the enoeeaMnn waa broken ep It The Boom anataiaed We Speaker' deeietoa. IRK EAarA.o f oaTMTtr NUT. The TOte wan aenotinced oa the notloa made y*m\ir dap hp Mr Alka to lap on the table the reeainlton repert?o frr a? the Committee an Kleetleae, demarlag Mr. Wkttlle'd tot eatltlrd to a ?eat ae delegate Iran Kaaeaa. It eat aeiattTad bp two mamrt j The iiirtner coaatdaration of tba enbjeot wee pwtpoaefl till ftalurday wtak. \\ ma taairp. It Areanlntlra waa ed'fHdto nlore the deha'e on if* tarlfl kill oa Moadap ???' Toe Hooee thee went lato Ocamtme of the Whole on that rob)eet. r, Mr. diwiit, (rrp i ef mai* , tj>ok? ap,trorlB(ip of tbd , rapart of the Rrcretarp of the Treaeery, who bad pre- - Ki poeed a red not too la tba rereana bp aa enlargement at ^ he free Met wHb eaeb art* let aa are need bp nwiadhc Ivan id tba oouaup Ike lagialatloa heretofore oa waal r