Newspaper Page Text
MONDAY MORNING. NOVEMBER 14.
IT The Editor of Tbe Tribune is obliged to request those
?who wish to see him personally to call between tbe hours
of 8 and 9 A. M. or 5 and I P. M. il they can conveniently
do so. The absolute necessity of devoting some hours un?
interruptedly lo b is duties constrains him to make this re?
IT The Memoir of MrCoy is for sale at this office. j
XT A German Printer, capable of conducting a German
Whig Newspaper, may hear of an excellent opportunity cf j
establishing himself in business by calling at this office be
tweec 9 and 10 o'clock. nM 2t
ET Tbe name of Hart appeared by mistake In a list of j
notables in " A Word to Gor. Bouck" on Friday. It did not
belong in tbat category. ^_
XT The November number of the Southern Literary.
-Messenger arrived last evening and is for sale at this office
Price 60 cents. Agents supplied at the usual discount
IT The Whig Almanac and L'niled States Register for
1W3, for sale at this office. Single copies 12$ cents, $1 per
dozen, V per 100. _
Chautauqle County, Heaven bless her.J has
given 1,900 majority for Bradish, and is of course
tbe Whig Banner County fur the next two years.
Her hardy and intelligent Freemen are beyond the
atmosphere of office-seeking, and of course ure
impregnable to the corruption of Tylerism.
Cattaraugus has given over 200 Whig major?
ity, with a gain of two Assemblymen.
Allegany has given 3 to .000 Whig majority ;
last year 50.
Chemung gives 800 Loco-Feco majority > Clin?
ton 400; Essex 400 Whig; Franklin 00. St.
Lawrence remains to be heard from. Bouck's
majority will not vary much from 20,000.
Thomas J. Patterson, Whig, ia elected to
Conpre?s from Monroe, making 10 Whigs to 24
Locos. The Senate stands 10 Whigs to 22 Locos:
the House 36 Whigs to 92 Locos, Gen. Geo. R.
Davis of Troy, an able and popular Federalist so
long as the Federal party existed, and now a pa?
tent Democrat, will doubtless be Speaker. He is
an ex-Bank Commissioner, and one of the main
pillars of the old Safety Fund Monopoly.
The 4 Restoration of the Bourbons ' is complete.
KF* Rumors fly thiokly about town that Hon.
Edward Curtis is about to be removed from the
post of Collector of Customs for this Port, and
Wm, Paxton Hallet, Esq., Clerli of the Supreme
Court, be appointed in his stead. Hallet has been
a Van Buren man ever sinoe. the dissolution of the
Federal party, of which he was a prominent mem?
ber, and his appointment is urged as essential to
tho union of the Loco-Foco party upon Mr. Tyler.
Hou. Aaron Ward of Westchester is said to have
conducted the negotiation. Maj. M. M. Noah,
?we believe, is to have the place of Mr. Taggart as
Surveyor, and there will be a general sweep of the
sometime Whigs remaining about the Custom
House. One rumor runs that Mr. Curtis is re?
moved. All this ' wants confirmation.'
The Effect of the TariiT.
Coal and Iron.?If the Pennsy Iranians expected to pro
mote tbe interests of their two great minerals?Coal ami
Iron?by tbe new Tariff, they have so far been disap
pointed. The Tariff has put an end to the importation ot
Goods generally ftom England, and the consequei.ce is,
that vessels which have gone out with cargoes, lind no
freights back,and are compelled to ballast with whatever is
heavy and cheap. Salt, Coal and Iron possess these quali?
ties, and have been brought in such abundance as to over?
load the market Coal is cheaper than before the Tarirt*
. bill passed, and Iron but little dearer, and quite unsaleable.
03* The above appears in the Journal of Com?
merce of Saturday. Nothing can equal the audacity
ofthat paper. All summer we hcve been proving
that an increase of the duties on Foreign Pro?
ducts consumed in this Country would by uo
means increase correspondingly the cost of those
articles to the consumer. The Free Trade econo?
mists have all along asserted the contrary, or more
commonly nasumed it as a fact undeniable. Well,
the ' Black Tariff' has been passed, laying heavy
duties on ' Salt, Coal and Iron,' and which theory
stands the test of experience ? Was Coal ever
before socjheap at this season? Are not Iron and
Salt low enough for any man of conscience 7 Arc
not all sorts of Manufactures neatly as cheap as,
and many of them cheaper than, they were before
the Tarif?? Most certainly. The Tammany Hali
lies about this or that manufacturer making $50,000
to $100,000 by the rise of his goods consequent
on the increase of duties on the rival Foreign fab?
rics have had their day and done their office. Here
are nearly all things as cheap as ever, and many
cheaper, while many of our factories, mines and
forges have been put in operation, and two hun?
dred thousand of our own people restored to Em?
ployment and Wages of which the reduction of
Duties had deprived them. In other words, our
Producers receive more, while our Consumers pay
no more, than they did^under comparative ' Free
Trade.' How does the Journal of Commerce
meet this ?taggering fact? Why it has hunted
up the explanation that, because we buy less
European Manufactures, therefore the ruder sta?
ples are coming over to us as ballast, and at such
reduced freight that the price to tbe American
consumer is no greater than before. Well, Sirs,
have it so if you will. So long as you admit the
essential fact, you are welcome to rack your inven?
tion* for a plausible apology.
But you must not misstate the expectations of
the friends of American Industry merely that you
may declare them ' disappointed.' Our side bs*
hII along held that an increase of the duty on
Foreign Coal, &c. would not increase the average
price of those articles to the American consumer:
they are your expectations, not ours, that are
'disappointed.' We say that Coal, Iron, and
other staples will ultimatey be lower under an
efficient Protective Tariff than under Free Trade;
while the Representatives of Tammany Hall in
Congress and its demagogues out of Congres?
have been whimpering over the taxation and
robbery of the Poor of our City by the duty on
Coal in order to swell tue profiu of the miners.
Do not tbe present prices of Coal, &c. strikingly
expose the rlimsiness of their statesmanship or the
hypocrisy of their limentations?
We have the most undoubting conviction that a
duty even of $50 per ton on Iron and $0 on Coal,
so far from increasing the cost of those article* to
the American consumer, would diminish it essen?
tially. This might not bo the immediate effect of
so large an increase ; but the moment the Home
production had adjusted itself to the demands of
the increased consumption?which it very soon
would do?the price would begin to decrease,
from the effect of eager competition, improved
processes of manufacture, and the comparative
steadiness of the market. An Iron Company
which should be sure of a demand for 5,000 tons
of tho metal annually could make it much cheaper
than with a precarious market for 1,000 tons this
year and perhaps 100 next. Does any practical than
need evidence in support of so plain a preposition ?
iXT" Election in Massachusetts to-day.
What IiOco>Foc?i?n considers Hoaeit.
It will be recollected that the Legislature of
Pennsylvania last summer held an Extra Session
for the purpose of Districting: the State for the
choice of Members of Congress. That Legisla?
ture (two to one Loco-Foco) made a very tolerable
Apportionment, giving the Whigs ren against four?
teen of die Districts on a usual poll. This bill
Gov. Porter refused to sign, after the Legislature
bad adjourned, so that the Session came to nothing.
Now Loco-Focoism, having secured a new and
firmer grasp of power, is about to District the
State for State Senators and Representative-" as
well as Members of Congress, and the Harrisburg
' Keystone.' Gov. Porter's official organ, speaks of
the matter as follows :
'?Tbe Democracy of Penns) lvauia is so strong that it
stands in no possible need ot a resart lo tbe disgraceful
process of (jerrynuendering. Iis prosperity and ascendancy
are dependent upon no such mean contii gency. The Re?
publican party desires justice and fair dealing, and beyond
that it will never consent to go for the advancement ot any
purpose whatever. Upon a fair and rational assumption,
the whig party will be enti?ed lo aboat FOUR of the
Congressional Districts in Pennsylvania, and of these the
Republican members willmanilest no disposition to deprive
them. That a commendable care will betaken to secure
the ascendancy f,f the Democratic party in the Slate Sen?
ate and House of flepre-enta lives for the uext seven year;,
no reasonable man will feel disposed to question. This pre
caul on is eminently consonant with Ujv true and lasting in?
terests of the State, it having been Ion? sIhcp unanswerably
demonsuated that the Whigs, as a party, are totally unfit
to ailminiater the affairs of Government. It is ?ierelore tie
DUTY of the Democrats to keep power out oj their hands
whenever and FOR AS LONG A PERIOD as they pos?
sibly can. But in arriving at this end, no dishonest or
fraudulent means will be resorted to. Nor is tills neces-ary,
We have an abundance of material to construct a stning
and efficient Apportionment, without any departure from
the plain and palpable precepts of honesty. Whilst, there?
fore, the Democratic party at the next session will take
gr>od care of its interests lor thcf present and the future, it
will resort lo n< thing that could call a blush to the cheek
of the most fastidious."
Can this be beaten 1 The party that carried
the State on the highest vote ever polled is " enti?
tled " to four or one-sixth of the twenty-four Mem?
bers of Congress, and as to the Legislature, why
the party that has the power should District so a?
to secure their power as firmly and for a* long a
period as possible ! In other words, they should
take all they can, and render it impossible that the
Whigs should ever regain their sway, however
strong the majority of the People who may desire
it! And this deliberate conspiracy to stifle the
voice of the People?to bind them to the car of a
party, however strong their repugnance?is called,
what do you think, reader? Democracy to be
sure! A queer name for it, is n't it?
Corruption of the I*renM.
We trust the early and earnest attention of
Congress will be turned to the shameful profligacy
now displayed l>y the Federal F.xocutive in the
subsidizing of the Public Press in this City and
elsewhere. Here, three or four dailies of the
very feeblest circulation and character, beside one
or two that have some circulation, are constantly
rilled with Government Advertisements, many of]
which ought not to be published here at all, and
the rest ought to be published where somebody
will be likely to see them. Thousands of dollars
of the People's money have already been squan?
dered in advertising Public Land Sales, &c, in
papers like the Standard, Union, and Morning
Post, which money, for all public purposes, might
just as well have been thrown in the fire. Then
the Lists of Letters, which ought to be published
only in papers having the largest circulation, are
;>ut in one paper which has a circulation, and then
shuftled round between three or four others which
ire of no possible account. All this costs money,
which is wantonly wrested from the People to keep
the breath of life in three or four journals which
could not possibly subsist on all the patronage le?
gitimately afforded them. Before the next Elec
?ion we shall have these same papers parading a
4tatement of the Public Expenditures as an evi?
dence of " Whig Extravagance,1' after they
chemselves shall have received a portion of these
Expenditures from a treacherous Executive to
mstain them in preaching Loco-Focoism ! And
ill the while that he is thus cheating, he is still
more signally cheated. He thinks he is buying
hem; they know it is he that he is ' sold.' Will
lot Congress put a stop to this disgraceful profli
Annexution of Texan lo the UuioH.
We have received communications on botli sides
jf the question of consenting to the Annexation of j
Texas to our Federal Union. We cannot make
ro?m for them, deeming it incredible that any saue
man should favor such Annexation, ami having no
room to waste on fighting shadows. Whenever
die question shall be brought before the country by
the advocates of Annexation, we shall be found
among the most determined, untiring opposera of j
any such measure. Our country is quite large
enough now; Texas is burthened with War and
Debt; her people are too generally improvident
und idle, and we would far sooner spare many
more such than take them hack again. Besides,
any attempt to annex Texas to the Union would
excite the bitterest jealousy and hostility in Eng?
land, France, and throughout the civilized world.
Why not let well enough alone .' If the Texan* pre?
fer to live in the United States, they can easily
come back here?far more easily than they can
maintain themselves where they are.
We have reports thut the Southern States favor
the Annexation, but do not yet find evidence to
confirm them. Why should the South seek need?
lessly to renew the perils of the Missouri contro?
versy??to throw the whole subject of Slavery
into the arena of party politics and bar-room alter?
cation ? No.no: the old t?nd safe rule of our
International Policy?'Equal Justice to all; en
tangliug alliances with none,'?must be adhered
to, or we shall be afloat on a fathomless, shoreless
sea of trewbles. Let us be wise note.
The Sentence of Colt.??The opinion of Gov?
ernor Seward, which we publish this day, re?
fusing to commute or in any way disturb the
sentence of Colt, was communicated to the
wretched prisoner yesterday morning He re?
ceived it at first w ith apparent coolness and un?
concern : but when he saw his fate was sealed be?
yond all possibility of change, all the audacious
boldness which has marked his bearing since the
clay of the commission of his crime, gave way,and
ho seemed overcome with grief and dejection. He
sent for his brother who remained with him
throMgh the afternoon ; he also desired the atten?
dance of a clergyman. Daring the first few hours
he wept much, but this emotion afterward gave
way, we learn, to an appearance of wildaess bor?
dering on insanity. To prevent his self-destruc?
tion he will be kept shackled until the day of his
execution; and no one will be admitted to see him
except in presence of the Keeper of the Prison.
SET A correspondent desires us to sav, in refer?
ence to the ? proud boast' of Mr. Preston, that
South Carolina had never been tbe theatre of i
popular violence, that several years since the Post
Office at Charleston was rirled by a ' large and
respectable ' mob of a lot of Abolition newspapers
and documents, directed to other Cities, which
were taken to the street and burnt.?This accords
with our own recollection.
John V. Colt's fair.
The following is a copy of Governor S?'>vard'=
Opinion in the case of John C. Colt, who was
sentenced to he executed ozi the 18th November,
instant, for the murder of Samuel Adams :
Albany, November 11th, 18-12.
John C. Colt was convicted on the27tb day of September
la-:, at a Coart of Over and Terminer :n the city of New
York, on an indictment for murder, and was s-ntenced to
sutTT death on tL?- eighteenth day of the present month.? [
The trial was humauelj condoned. Peculiar advantages
of defence were allowed. Every objection ni^ed by the
counsel was deliberately considered; the charge of the
court marotested unusual tenderness towards tli*- accused:
and U:e jury examined the evidence with extraordinary
patience and attention.
When tt.e verdict had l>er-n rendered, an application for a 1
new trial on the grounds of alleged prejudice by a juror,
improper conduct by the jury, and other supposed irregu?
larities was considered by the court of Oy er and Terminer
and jo*tly denied. Tbe presiding judge then allowed a
writ of error, by which tbe cause was removed to the Sup?
reme Court, and in the mean time the sentence consequent
on the verdict was delayed. Thai tribunal reviewed and
affirmed all the decisions of the Courtof oyerand Terminer,
which court then performed its remaining duty by render?
ing final jndgemenL The accused then again demanded a
n rit of error, with a view to obtain a reconsideration by the
Supreme Court,and in the event of an adverse adjudication,
then 1* remove the record for revision to the Court for the
Correction of Errors. Such a writ could only be allowed
by a Circuit Judge, a Justice oi the Supreme Court or the I
Chancellor. The Circuit Judge who tried the cause ."the I
Chancellor, and ?ne of the Justices of the Supreme Court,
with the concurrence of his associates, have severally refus?
ed to allow a writ of error, and the accused now appeals to
the Executive authority for its interposition.
The application is urged with a degree ot earnestness and
Sustained by an array of influence, unusual evpn on such
occasion-, whi- h never fail to awaken the apprehensions
of the conscientious and the sympathies of the humane.
The subj< ct is -upposed to involve the following in?
Isl Whether any error in law has occurred in the trial
2dly. Whether the conviction was contrary to evidence.
Sdly. Whether the prisoner is a proper subject for cle?
In regard to the tir-t of these question;, the Governor is
by no means prepared lo say that be is not bound to abide
bv the decision of the Supreme CourL It is tbe right of
that tribunal to expound the laws, and their expositions are
conclusive upon every other department of Governmect
until overruled by higher judicial authority. The Govern?
or does not constitute an appellate tribunal to review
the proceedings, correct tbe errors, and reverse or
modify the judgements of courts ol ei?ier civil or criminal
jurisdiction. Nevertheless, the pardoning power might
properly be exercised to save a convicted person from the
consequences ol a privation of any legal right or form of
defence resulting either from accident or neglect, preju?
dice or misconduct from judicial officers. The accused
complains that a writ of error lias been unjustly denied,and
it therefore becomes necessary to examine the grounds on
which it was demanded.
When proceeding to the trial, the Courtof Oyerand Ter
mincr discovered that there was a deficiency of unbiased
jurors, and thereupon ordered thai three hundred persons
, should be summoned. After the order had been executed,
the accused applied fur a list of the three hundred persons,
anfl also to be allowed two or three days to make inquiries
concerning them. The request was denied. The Govern?
or is not aware mat any staiute, rule or custom of courts of
justice was violated by the decision.
The accused then challenged the panel of three hundred
persons on several grounds, all ol which were overruled
by the Court, to wit: First?Because the number was too
large. But it was w ithin the discretion of ibe Court to de?
termine how many should be summoned, and the result
showed that the number selected was not large enough.
Secondly ? Because only two days were allowed the Sheriff to
execute the order, it whs nevertheless executed. Thirdly?
Because the Sheriff had not furnished tlie counsel for the ac?
cused with u ropy of the list. No such fluty was enjoined
on that orficer. Fourthly? Because the Sheriff selected the
three hundred person': hy talcing their names from the mil ot
grand and petit jurors of the city and county of Xc.v-York.
Hut the Sherid was not forbidden by law' to choose the
three hundred persons in thai manner, and there would
have been just ground of complaint if be had summoned
persons not legally ascertained to be jurors.
The accused next insists that the ballots lor the l? persons
on the original panel should be drawn and exhausted before
those containing the names of the 300. subsequently sum?
moned, should be put into the box. Hut the Court directed
otherwise. After drawing all the ballots there was a defi?
ciency of one juror; and when a further person was sum?
moned, ibe accused required that a ballot containing that
person's name should he put ihlo Ibe box with those of the
-15 first summoned who bad not appeared when called,
t he Court overruled the request. 1 be person so lasi sum?
moned was found not impartial and was set aside. The
accused then insisted that those among the 45 first sum?
moned who had not appeared should be again called, but
tbe Court awarded an order to summon another person,
and the individual then summoned, being found impartial,
was received as a juror. No irregularity occurred in these
A trunk, proved to have been found in the dwelling
of the pisoncr, and in which a watch belonging to
the deceased bad been discovered, was produced. The
Court overruled an objection, anil admitted testimony to
prove tbe contents of tbe trunk. The decision seems to
have been reasonable, and in harmony with the rules ot ev?
Il was provpd that all the wounds on ibe person of tin
deceased, except one, might have been made with a hatch?
et. The Court admitted testimony designed to show that
the one wound miL'ht tiave been effected by the discharge
of a pi>tcl. One count in tbe indictment charged that deatb
was produced with a hatchet; another charged thai ii was
inflicted with some unknown instrumenL Tbe evidence,
even if inadmissible under the first count, was unquestiona?
bly proper under the last counL
'The remains of the deceased having been exhumed dur?
ing the trial, the head was produced in Court with a view
to enable the jury to apply the testimony with greater cer?
tainty. The proceeding, although dpemed erreneou* by
the accused, was necessary and proper, and sanctioned by
the law ol evidence.
Caroline M. Ibmshaw, a witness for the accused, during
her direct examination testified that she cohabited with
him, and he thereupon offered lo prove her good charac?
ter for veracity, so as to rebut an adverse presumption sup?
posed to result from the fact thus disclosed. The District
Attorney objected, but at the tame time admitted that the
witness hail given her evidence with an intention 10 testily
only the truth. The Court, thereupon, very properly de?
clined to receive unnecessary evidence of the veracity ol a
witness who bad not been impeached by the prosecution,
and whose truthfulness bad been conceded.
The-lUi Section of Artiule 1, Title 2, Chapter 1, Part 1
oflhe Revised Statutes, it in the following words .
"Such homicide is excusable when committed;
" I. Hy accident and tnislorlune, in lawfully correcting a
" child or servant; < r iu doing any other Ian lul acl by law?
?' ful means, with usual and ordinary caution, and w ithout
??any unlawful intent; or
"2. Hy accident and misfon une, in ibe beat ol' passion,
" upon any sudden and sufficient provocation, or upon a
"sudden combat, without any undas advantage being
u taken, and without any dangetous weapon being used,
" and not done iu a cruel or unusual manner."
The accused objected to the charge of Ibe Ceurt because
the Judge did not instruct the Jury that the words'* Byac
cldentand misfortune," in the second subdivision of the sec?
tion, were to be rejected as surplusage. Hut no authority
is found for rejecting the words thus aliedged lo be neces?
The Court also charged that if the Jury believed under
the evidence lhai tbe homicide was effected in a cruel and
unusual manner, the case would not fall within the lastsub
division of tbe section. This portion of the charge was con?
sidered erroneous by the accused, bat it seems to have been
in harmony with the spirit as well as die letter of the law.
The Court also charged the Jury' t',at a homicide, to be
t-.??u-abls, must be committed without a design lo effect
d? .uii. Tue counsel tor ibe accused questioned this posi?
tion. Bill the taw declares that homicide can only be ex?
cusable when il happens by accident and misfortune, and it
cannot so happen if it proceed from design.
The ground upon which the accused demanded a writ of
error was that several decisions of the Courtof Over and
Terminer which have been noticed were erroneous. But
be was allowed to present diem for the consideration of
the Supreme Court, and ihey were solemnly considered anil
affirmed by ti nt tribunal before the judgement was ren?
dered against the prisoner by the Court of Oyer and Ter?
minen The Governor not only coucurs with tbe Court ot
Oyer and Terminer and wiUj the Supreme Court in the
opinion that the objections raiai-J by the accused were un?
tenable, hut he sees no rea?on U) distrust tbe absolute couti
dence in the correctness of that decision manilested hy the
Circuit Judge, the Chancellor and the Justijes of the su?
preme Court :n their refusal to allow a second writ of error.
1 berefore the denial of this writ thus demanded does not
seem such a hardship toward the accused as would cail for
redress by ibe ?xercise of executive power.
Alter the cause had been adjudicated by the Supreme
Court and sentence had been pronounce*! iu the Court of
Over and Terminer, the accused lor die first time assumed
the ground thai the two Aldermen who were associated with
the Circuit Judge on the trial were not Judges, because the
laws by virtue of which they acied in that capacity conflict?
ed with the Constitution. Thai instrument contains a pro?
vision declaring that all judicial officers (with an exception
w hich has no application! to the present question) shail be
appointed by the Governor and Senate. Aldermen aie not
so appointed, but ate elected by tbe People. But Alder
! men in the city of N?w-York have always been recognized
by law as Judges. They were acting as such when the
Constitution came into existence, and since ?iat period dieir
judicial powers have been confirmed by many statutes ?
" Tue Supreme Court has heretofore decided that those ?tai
uie. were constitutional; thai tbe Aldermen were Judges
I de jure, ard that even if they were uot Judges de jurs, ihey
were Judges jU fa-'to ; thai their proceedings were valid
until the Aldermen should be removed from the bench by
. Igemenlofa competent tribunal, nnd that thctr judi?
cial powers could not be questioned iu collateral prosecu
lioas In which they u ere no: parties. Whatever opinion
the Governor might eulertsm concerning mis decision, he
is bound to acquiesce. He has no power either to oblige
tbe Supreme Coart to reconsider the question or to submit
it for Ibe examination ?f the Court for lue Correction of Er?
rors. Under such circumstances, to grant a pardon to the
prisoner on ibe grouno ot the incompe'ency of his Judges
would, be an acknowledgement that every judgement reu?
en-1 by any Court ot Over ano Terminer in the city of New
Yorksiucethecon-tituLon wasesjabbshed wuhoneexcepiion,
was noimerely erroneous but void, axiJ would draw after
it an obligation lo pardon all persons who have been, as
well a; all who may hereafter be, convicted of crimes in
those courts?tbe chief tribunals oi criminal jurisdiction in
ibe metropolis. In adopting such a course, the Governor
would necessarily appear in an attitude of resistance to the
laws and defia ace oi the courts lustead of performing his
proper oifice of execot ng tbe iav. s as expounded by tbe Ju?
diciary; aD'l ^e pardoning power, granted only for occa
sional purposts oi justice and humanity, would thus be per?
verted and rusde an agent of disorder and reroiuuon.
Was the conviction contrary' to the evidence' This im?
portant question Las not been and could not be in any tbrm
submitted to tbe Supreme Court or to the Court for tbe
Correction of Errors, because in every criminal case, tbe
Jury have an exclusive right to pass upon the (acts submit?
ted to them. Tteir verdict cannot be reviewed by any
legal tribunal, and tbe right of the Governor lo examine it
is only incidental to the pardoning power.
Samuel Adams resided in New-York: was of about the
age ot thirty years, in active business as a printer of books,
and extensively known. He di-appeared on Friday die
lTth of September, 1841. Inquiries concerning him were
published on the next Wednesday, aid on Sunday toe 26th,
his remains were found in a rude box, such as is used for i
transporting merchandize, ia the hold of a vessel about to
sad lor New Orleans. Tbe proof on the trial left no doubt
ibat he suffered death at about S o'clock in the afternson on
tie l"th of September, by the bands of the accused, in his
apartment in the second story of a spacious granite edifice
on the corner oi Broadway and Chambers-street, do other
person being then present. It was? rendered qnite certain
that tbe meeting ot the parties on that occasion was
Deilher preconcerted by them, nor anticipated by the ac?
cused. It was equally clear he had made no preparation
for -o dreadful a deed, and that until that time the parties
bad maintained amicable relations, and the accased had
manifested no malice nor even unkindne>s toward, the de?
ceased. Thesis circumstances bore stronely in ia io.-of the
accused. But oc the contrary, the deceased was a me?-k
and inoflVrn-ive man. He was unarmed, and had visited the
prisoner, although under sr?me excitement, yet without any
nosiile purpose, and wlientbe remains of the deceased wer
found, the bead fractured, with rive and probably more
wounds, no ionger retained the human form. There was a
fracture large enough to admit die finger of tbe ?nrgeon
through the skull .into the brain above and behind the left
ear. A piece of the skull hail been cut out on a line above
the ear and a little to the right of a line drawn from the top
of die head towards the spine. Again there was a fracture
over the right ear. The**; wound* were manifestly the re
snitof blows inrl.cted with th? edge of a hatchet. In trout,
parts of the skull, commencing far above die left eye, reach?
ing into the nair. extending ncr.-sss two-thirds of the spa*e
from ear to ear and descending on the right side so as to
include die eye and a large portion of the cheek, were
br?ken in and pressed deeply on the brain. This fracture
was made by -everal blows with the hammer end of the
same instrument. The hatchet which was one of the usual
form , and in weight exceeded seventeen ounces, was found
in the apartment and identified as belonging to the accused
Each ot the wounds would have been mortal, and which
ever of them was first indicted , must have instantly de?
prived die deceased ot consciousness and of all power ot
Such a homicide could not have been accidental or ne?
cessary for self-defence. It was commuted with a deadly
weapon, in a cruel and inhuman manner, upon a defence?
less, powerless man. Reason and law agree that the homi?
cide could not have been innocent, justiriabl? or ?ixcu.-able.
Society could never exist if human life could be destroyed
in ?uch a manner with impunity. It was then a irlomotis
homicide, and the jury had only to ascertain tne degree of
crime which had been perpetrated. By a presumption of
law. whicii is the established deduction of reason, that
crime was murder, and it remained for the manslayer to
show that the deed would bear a milder designation. The
accused could show this only by proving that Adams was
perpetrating or attempl.ng to perpetrate a crime or misde?
meanor, ami that the accused did not design to effect death,
or that the wounds were given to aid Adams in committing
selt-murder. or that they were indicted without a design to
effect death, in a heat of passion, in an attempt to resist
murder, or self-detence against some great personal injury
of which the accused was in imminent danger. .No sucn
proof was given or eti'ered. But.since no other human eye
witnessed the deed nor human ear heard anything but a
conlused sound and a heavy fall, the jury were required to
suppose :t possible thai Adams had assailed the accused and
the crit.-.e wa> commit ed in selt-defence. L'ven if this could
l.ave been assumed, it must also have been assumed not only
that there was an a.v*au!t and an arTray, but that the accused
was in imminent danger an-t in the heatot passion, suddenly
excited, intense, uncontrolable nnd allowing no lime lor
redection, and that he di;' not design to produce death and
was unconscious that such a consequence might follow his
violence. But Adams was unarmed. FI- had never been
known to menace the accused or assail any other per-on.?
In strength Adam* almost did not excel the accused. If
there was an attray. there wouid probably have been an
outcry by one of the parties, unless the tirsl blow terminated
the strife by rendering one Ol '.bent speechless as well as de?
fenceless. If ihe accused had been in imminent danger he
could probably have shown w.undsor marks of an assault.
But he exhibited none. On the contrary, he cirefully con?
cealed a small and unimportant discoloration of ihe skin ac?
cidentally discovered by Caroline 51. Ilenshaw on hi. neck on
tbe morning after the deed was committed. And *ven it an
affray hid Been proved, could u be suppo-eil that the pas?
sion of the accused had no time toabite, nor his mind lime
to relent wlatra the first blow had relieved him trom the a?
sailant, and each subsequent blow fell upon an unconscious
and unresisting v etim.
Murder is defined in law 10 be, first, the killing of a per
eon, (not under the peculiar circumstances which render
homicide excusable or justifiable) from a premeditated de?
sign to effect the death of tbe person kilted or of any hu
man being. 2d. The killing of another (not under the same
circumstances before mentioned,) by any act imminently
dangerous to others, and evincing a depraved mind, regard?
less of human life, although without any premeditated de
sign to effect the death ol any particular individual. It has
been seen that this case presents none of these circumstan?
ces which render homicide justifiable or excusable ?
Kven if the accused did not design death, the act
he perpetrated was imminently dangerous, and the
repeated blows intlicif-d in so inhuman a manner certainly
evinced a depraved mind, regardless of human life. What?
ever was the degree of crime ii was complete when Hie
was extinguished. ;md could not Vie changed by the subse?
quent conduct of the accused. Yet his subsequent conduct
was legitimately opened to the jury for ihe light it might
reflect on the deed he had consummated. The house was
filled with tenants from the base to the root. The narrow
room of the accused was separated only by ihin toldiug
doors from an occupied apartment, and looked nui on the
corner ot the streets. Kven without leaving the presence
of the dying or dead man the accused could have instantly
summoned a multitude.
But he invoked no witnesses. On the contrary, accord?
ing to his own acknowledgement, he closed the only aper?
ture through which he might be observed, stripped the de?
ceased ot the clothing by which the person migbl be iden?
tified, and without aid, and almost with superhuman etfort,
wrapped in canvass the body ; contracted it with a rope,
and deposited it in a box ihree ami a half feet in length,
and standing upon the protruding knees pressed them down
by dislocatiaig the limbs, until the box could be closed.
After this was done and night h;id come, the accused, with
hands unaccustomed to such labor, washed ihe lloor an I
carefully stained it with oil and ink and tobacco to conceal
the blood which had b?'cn shed. He clandestinely cast the
clothing and articles of property found on ihe person of the
deceased; except his watch, into a sinU, repaired to a bath?
ing house and washed the stains from bis own dress, and
then retireit t? his lodging*. Early ihe next morning, be?
fore the usual hour lor going abroad, he returned la the
apartment and resumed his efforts to remove the evidences
of the fatal transaction. He carefully lastened the box,
labelled it with the address of an imaginary person in si.
Louis to the care of imaginary persons in New-Orleans,
anil carefully removed it trntn Iiis apartment and caused it
to be conveyed to the ship which was expected to depart
immediately to that port, and delivered it to the master and
took a ret eipt for ii as for a parcel ot merchandize, lie
bad many associates in the city : a brother, and a mistress
who seems to have been every way worthy ot his affection
and confidence and whom hr says he intended soon to ad
mil to the rights of a wife. To none of these persons did
he reveal what had happened or what he had done. On
Uie contrary, upon mature reflection, as lie says, he avoided
his brother ann took counsel only with himself.
He gave Caroline M. Mensbaw a false explanation ol the
j reason's of his late return on the night succeeding the crime,
and of his early absencw on the next morning. To the per?
son who occupied the adjoining rooms he at hrst denied and
nilerwardH falsely explained circumstances which had ex?
cited suspicion, and day uiter day, while the friends ol Hie
deceosedand bis fellow-citizens were engaged in anxious
inquiries concerning his fate, the accused visited the place
where the deceased was accustomed to transact business
and remarked on his mysterious absence like a sympathising
friend. Nature suggests a mode of proceeding in tve.y
exigency, bat not the same mode in exigencies so entirely
dissimilar as those ?l guilt ot murder and consciousness of
having committed other lorms|Of homicide. Guilt seeks
concealment, misfortune sympathy, and innocence vindica?
tion. If the homicide bad not been lelonious the first im
pulse of the accused, when be discovert-d the fatal cotise
quencesol bis violence, would haye been to Invoke aid to
ine ?ufferer If living, or at least advice or sympathy lor him?
self It the blood which had been spilled did not accuse the
prisoner, he would tot have endeavored to remove the
stains it left. If Adams fell by the hand of the accused
through accident or misfortune, or even suddenly excited
passion, the friends oi tbe unfortunate man would not have
been denied the melancholy privilege ot giving his remains
a becoming burial. Muchjess would the accused have mu?
tilated these remains and disposed of them in a manner, ihe
very account of which produces a revolt ol all the .sympa?
thies of the human heart. But it is urged that conscious*
oest of ihe crime of manslaughter and fear of its punish?
ment, would induce concealment
PlightTfrom false accusation sometimes occurs, but tbe
records of crime present scarcely an authentic case where
a person guilty ol only manslaughter hasconcealed die body
and increased bus peril by any ol the acts which distinguish
the conscious murderer. Manslaughter, although for rea?
sons ot conservative policy declared to be a felony and pun
ished as such, is regarded by th? offender, as weil as by so?
ciety, as a misfortuoe rather than a crime, or at most, as a
crime mingled with misfortune. He who has committed it,
il he possess the common tenderness o! our nature, deplores
die injury be hasd - ne, but conscience vindicates him against
accusal i?ns ot a higher crime. S"ciety exacts his punish?
ment with reluctance, and, notwithstanding the law ad?
judges him a it Ion, he suffers no ignominy. ImprLsouner.t
seems to him an inconsiderable punishment compared with
the extreme penalty of human laws, and his subdued and
broken spirit is almost wiliiog to endure it to solace the re?
gret he feels for having, even wuboutdesign,deprived a fel?
low man ol lite. It seems impossible to suppo?e that au in?
dividual guilty of only such a crime, and exposed to only
such hazards, would go on for hours and days, accumulat?
ing for h:s t?w n destruction such a mass ot ihe peculiar evi?
dences ol murder. From the legal presumption of guilt,
the relation of the parties,the circumstances under which
they met. tbe instrument of death, the number and violence
of the blows, the mutilation of ihr derea;-ed, Ihe prevarica?
tion and falsehoods of ite accused, and his Studied, labori?
ous and persevering efforts for concealment, tbe jury, under
a full sense of their responsibility and aware of their duty
to give their verdict in favor of the accused if they enter?
tained a reasonable coubt, pronounced him guilty of delib?
erate and wilful murd? r.
fcy a humane pro.isioo of U?w, a full report ol every con?
viction ot a capital case is required tobe made lo the Gov?
ernor. wb?, in considering the same, is entitled lo the advice
of u.e Chancellor, the Justice? ol th^ Supreme Court, and
the Attorney General Tlir- Justices of tbe >uprenie Court
have carefully reviewed the report in the present case, and
unanimously certified their opinion that ihe verdict was
? as- If the Governor entertained doubts of its correct
nesi.be might, perhaps, rightfully relinquish them, and
confide in lae opinions of his learned judicial advisers. Bui
jusuce to the jury, and a proper regard for the security of
'society, a? weil as a desire to temper the administration ot
the laws wi.h mercy, bave induced an examination of the
testimony independently of ike opinions of the jury and the
legal tribunals, and the result is a conviction, undisturbed by
auy doubt, Uiat the accused was guilty ol the murder of
It remains to Le considered whether any circumstances,
extraneous or appearing on tbe record, require executive
interposition or i erommend the pri?ouer to clemency. The
attention of the Governor has been directed to an account
ot die Bomidde, favorable u< tue prisoner, which was sub?
mitted by him to the Jury, after ihe testimony n?d closed,
ami to proofs and arguments designed to show the proba?
ble muh of that statement- Whatever ihe paper contained
adverse to the prisoner became legal proof, w&ile such por?
tions of it as were favorable to himself were entitled lo no
weight or consideration. Nor is there any hardship in this
rule, since the prisoner voluntarily submitted his statement,
to the snrpriss* end without ihe consent ot the District At?
torney. The paper can bave da more weight in this revie*
than it bad with the Jury, for tbe rule that requires Courts
aod Juries to receive impartial evidence L> equally obliga?
tory on the Executive Departme nt Nevertheless the state?
ment has been caretuily examined, stid the result is that iis
account of the transaction is unworthy of any confidence.
It was prepared for the confidential use of tee pr sontrs
counsel witnin ten or twelve days after the crime, under
their instruction? ? set down the whole truth. Yet while
it purports to give an account of an affray following re?
proachful words, it does not state which of the panics used
the words. It states that mutual blow, were given beforo
the or'soner seized the hatchet, but does aot intorm us bow
many blows, nor describe any of tbem, except one received
by himself more severe than the others and which be re?
turned with violence. It states that ihe parties grappled
and be to pushed against the wall wmlet ibe deceased was
twisting the prisoner's neckloth, and then the prisoner
seized the hatchet and inflicted one blow-then lost all pow.
f r of reason bv strangulation, and remembered nothing tar.
Iber distinc?y or coberendy until afterward, when be ?as
roused bv a knocking at the door. Since his conviction the
pnsoner'bas submitted a series of letters written by himself
to vanou? iretuli during his imprisonment- Ir. on* Oi uae
letter* written after the trial, he says that he did hut de?
fend bimseif against a wanton, viieand unpardonable attack.
Tnat he aske.l the deceased to be just, wbo tb?*re0P?n ac'
cased him of injustice. For calm words, the deceased gave
him insulting language. His peremptory denial was re?
turned by the deceased widi blows. In a subsequent letter
he excused himself by haste and want of consideration for
having set down in the naiement produced on the trial, thai
be was obliged to stand on the knees of Adams, to crowd
him into the box;" says that the first pan of the statement
was quite imperfect, aud did not convey the whole truth:
admits thai he retorted language of unmeasured reproach,
acd gires fanber details, so important, if true, dial they
could not have been forgotten when preparing his previous
statement; and which cannot now be admitted as true, be?
cause they were not made known by him until that state?
ment had proved :nsnmcient for bis defence.*
The letters of die prisoner furnish other reasons to dis?
trust his veracity.! To receive such an ex parte statement,
and permit spetulation based upon il to overthrow a ver?
ehrt, would be subversive of the administration of justice.
The laws are alwavs to be executed except where their
penalties can be waive:! without prejudice to the public
welfare and lor reasons consistent with their general policy.
Societv has besMi deeply sbocXed and justly alarmed fur die
security of life in the metropolis. The deliverance of ihe
prisoner bv Executive clemency would be an encourage?
ment to atrocious crine. Nor does the prisoner's character
or conduct recommend him to the favor which can be only
sparingly yielded. He dwells wilhiust satisfaction upon ex?
traordinary respectability of birth; he possesses talents,
and has enjoyed more than ordinary advantages of educa?
tion, and has given instruction in various modes to bis fellow
citizens. But he has contracted habits and relations incon
-tstent with an inoffensive and virtuous life. His conduct
>n relation to the crime and its consequences has been in
liucere, inhuman, reler.tlt s and remorseless. He is vain,
self-confident an 1 irreverent; imbued with false sentiments
of honor, morality, justice and virtue; and seems incapable
of compunction for crime committed or sorrow for injuries
Inflicted. Penitence and resolutions to amend are indispen?
sable, among other conditions, of pardon. No such condi?
tions are offered in tbe present case. Tbe prisoner has for?
gotten his victim, heaped insult upon his bumbled and be?
reaved family.defied the Court, denounced the Jury ami
presented himself before Uie Executive as an injured, not
as a penitent man.
In making known to the prisoner that the expectation of
pardon, the last hope of life, must be relinquished, the Gov?
ernor cannot forbear from expressing an earnest wish that
the few days which yet remain to die, prisoner may be
spent in preparing to appear before that oread tribunal ap?
pointed tor all men, belore which none can offer any other
justification than sincere repentance for every error and
humble yet confiding faith in the Redeemer ok Mankind.
WIL LI AM H. SE vV ARD.
?Extract irom John C. Colt's letter dated February 15th,
1842: " He almost instantly seize*! hold of my neckcloth,
which placed me in his power?pressing me to the table
and wall. h? struck me three or four times in the breast, and
spized me per privat partes. Every thing seemed to turn
black. I was in agony, and exerting myself lor relief, bow
I know not. The last distinct recollection I have, before I
was relieved by his lall, was. that of trying to pressbim off
with my left hand, as I held on bis collar, endeavoring with
my right hand, at the same time to raise myself from the
table, as he had me pressed ever backwards upon it. Il
was iu this painful position that I seized that accursed
hatchet and gave him the unfortunate blows that I did.?
When relieved from his horrid grasp, I beheld for the first
time my awful defence. Heaven only knows the number
of blows 1 struck bim. There may have been four or five.
And when 1 reilect upon the instrument most unfortunately
?eized ami instantaneously used, it is only to be wondered
that his head was not dashed into a thousand pieces.
t Extract of John C. Colt's letter dated March 8, 1842:?
" My counsel considered my case a perfectly clear one and
believed that I should be acquitted. To produce this result
Ihey conceived that the evidence of Adams' coming to my
office in bad blood, and the evidence of lh?> scuflle, and the
evidence of his account being wrong, was quite sufficient
when taking into consideration the fact that this unfortunate
man had before, in several instances, sbown himself a
kind of dare dog ami had been consequently turned from
ihe houses of several citizens for abusive and insulting lan?
guage. Had this hoi have been the conclusion I could ea?
sily have slipped through the fingers of tbe law. The body
of that unfortunate, foolish man was never identified, anU
the only positive evidence connecting me with the box con?
taining it. was the drn\ man's. He swore that 1 was the
man tnat delivered it in bim, consequently it was alone ne?
cessary to prove that 1 wns not about tbe granite building
that morning, to have been acquitted. But I should forever
despise myself for slipping through the fingers of die law
by such means."
New-Hampshire.?In the Loco-Foco Legisla?
tive Caucus at Concord on the Sth, the vote for l\
S. Senater on the first ballot stood
Charles fi. Athertor:....i33 Ira A. Eastman.33
Leonard Wilcox.12 Moses Norris, Jr.20
On the second ballot
Charles G. Atherton_98 Iia A Eastman.33
Moses Norris, Jr. a.
So Atherton was duly nominated.
In the Legislature noxt day?
Senate.C. G. Atherton.... 11 D. M. Christie. 1
House.C. G. Atherton... 152 D. M. Christie.49
Loco Scattering.. ii Andrew Pierce.11
Loco vote.174 Whig do.6l
Atherton's clear majority.83
Georgia.?The Legislature of this State con?
vened at. Milledgeville on Monday, the 7th inst.?
Gen. K. M. Echols of Walton was elected Presi?
dent of the Sonate, having fiO votes to 111 for A. J.
Miller, (Whig.) James Jackson was chosen
Cletk. In the House, Wm. 15. Wa fiord of Hab
ersham was chosen Spcakee on the fourth ballot,
and Join. H. Dyson of Wilkes, Clerk, on the sec?
ond ballot. The successful candidates are of
course Loco-Focos of the Bank-suspension order.
The Governor has subscribed $20D,nf)0 to the
stock of the Monroe Railroad.
Ft uk in Baltimore.?Tho building of the Bal?
timore ' Printing and Bleaching Works,' corner of
Plowman and Front streets, was totally destroyed
by tire on Saturday morning. Loss $30,000;
$10,000 insured in Philadelphia. It was not oc?
cupied, and must have been set on fire.
Thanksgiving in New-Jersev ?Gov. Pen
nisgton has appointed Thursday the oth day of
December for Thanksgiving in New-Jersey, being
the same ilav as in this State.
DCJ* Rev. Chas. G. Finnev ha? arrived in this
this City from Oberlin, and will probably pass the
winter here. He preached yesterday morning and
evening to audiences of 2,r)00 persons in the The?
atrical Saloon of Niblo's, and intends to preach
there every evening till Friday inclusive.
OCT Charles H. Delavan, Esq. U. S. Consul
for Nova Scutia, leaves the city this day for Bos?
ton, whence he will proceed per the Calodonia on
Wednesday the 16th inst. Mr. Delavan carries
with him the good wishes of his fellow-citizens.
GCT Dr. Lardner is lecturing at Richmond, Va.
033 There was a fire up town yesterday after?
noon, between 2 and 3, at a German dance-house
near the corner of Sixth Avenue and Fifteenth-st.
The contents were nearly destroyed.
D33 Fletcher Heath has been tried and con?
victed of murder, at Richmond. Va., for having
killed a mulatto girl named Delia Harris early in
April last. He was to have been sentenced on
Un the 5th, the house and barn, with three
toys of hay and one horse, were burned at Bangor,
Me. A Mr. Crocker has been arrested and bound
over on charge of having set fire to them.
A bill authorizing a Geological Survey of
the State of Vermont has passed the Senate ofthat
State with great unanimity, only 5 votingagainst it.
KF* The Post-o?re building at Buffalo was the
only one illuminated in that city on the news of the
Tyler victory in the State.
HZT A child aged six years, daughter of Mr.
Stephen Cornell, of this city, was crushed to death
some time since, by getting entangled in the ma?
chinery of a bark mill. [Roch. D. Adv.
(CP On the 21-st ult., say9 the Nashville Banner,
an infant child ol Mr. James Smith of Moores
ville, Ten., was burned alive in his dwelling, which
was consumed by fire. Mrs. S., after sweeping
the hearth, had placed the broom near the bed i*
which the infant was sleeping, and left the house
on some errand.
?^=8^"nc *? ? ***** 1 1 "rfc?jcr-fga
The Vermillios.?It bu been aac*itained that
several peraons were lost by the burning of tbe
Vermillion ot. Lake Erie. The body of one man
has been found, his name supposed to be (from his
papers) Alexander Robinson, captain or mate of
the schooner Ohio. He is supposed to have had a
wife on board, who was also drowned. The body of
Mrs. Cbarles Hoskins, of Kingston, Canada, has
also been found. Her husband is among the liv?
ing. He saved himself by swimming to the dock,
after being separated from his wife by some one
seizing him around the body and dragging him un?
der. Tbe cabin maid is known to be lost, proba
bly burned to death. The clothing of a man is
found, from the papers in tbe pockets, supposed
to be Heman B. Ely, of Rochester, N. V. The
above are all that are known to have perished ; it
is to be feared that others have perished whoso
names will not be known until their places shall be
found vacant among their ftiends.
Questionable Food.?The blind traveler Hal?
tnau stated that at Fernando Po, a couple of lambs,
grown to no more than six inches long, were
served up to him by order of the King. Galen re?
ports of swine that their flesh possesses no less
than fifty flavors, and is greatly assimilant in kind
to human tlesh. Du Chatelin relates that in his
days, dogs and cats were enten at Paris as they
now ars in China. Indeed, Sir Joseph Banks and
Dr. Solander affirm that dogrs flesh is the sweetest
imaginable. At Rome, camel's heels were the
choicest tit-bit for an epicure's tooth. Whales'
tongues ranked among the delicacies feasted on in
the middle century by Europeans. The Caffre
eats his lion for food, and the traveler Bruce
among them ate his lion steak with gusto. At Rio
Janeiro, an ordinary dish is a monkey pie: and
the head of the ape is left to appear above the
erust for ornament, in the style of the feet in our
Lynching.? The robben- of Mr. Robidoux'*
store led to the visitation, by a body of citizens, of
the rendezvous of a gang of counterfeiters at
Spence's, near Jamestown in Andrew County.
Under the operation of Lynch Law two or three
fellows confessed where the monev was to be found.
The thieves escaped, and Mr. Robidoux has of?
fered $1,000 reward for them. Strange disclo?
sures?the Platte Eagle says?are said to have
been made to the Grand Jury of the County of
Buchanan, about certain gentlemen counterfeiters,
which, at the proper period, will be made public.
[St. Louis New Era.
Burning of the steamboat Maid ok Arkan?
sas.?The steamer Maid of Arkansas, between
Vicksburg and this city, was discovered to be on
fire yesterday morning, some two or three miles
above Carvollton. The boat was consumed to the
water's edge, together with 1,150 bales of cotton.
The crew and passengers hod barely time to es?
cape. [N. O. Bee, Nov. 4th.
Melakcholy.?Mr. Elijah Johnson, father of
W. F. Johnson, the Comedian, while engaged in
work on a building at Cambridgeport, on Monday
last, fell from the scaffolding. Both of his arms
were broken, and his scull badly fractured. He
lingered until Wednesday afternoon, when he
died, much regretted by a large circle of friends
and relatives, [Boston Atlas.
Steamboat Accidxnt.?As the steamboatMox
ahala, of Zanesville, was ascending the Ohio river
on the 3d inst. a tlue collapsed when the boat was
about seven miles above Portsmouth. Green Jones
(a negro man from Zanesville) and a deck hand
from Cincinnati were missing, and it is supposed
they were killed. No material injury was done to
the boat, and none at all to the cargo.
Drowned.?A. B. Rozwell, whose parents live
near Centreville, on the road to Dayton, was acci
dentally drowned, this morning, in the Ohio river.
He was in a small boat, and the fog was so dense
that the Covington Ferry Boat was not seen
till it struck the boat. Another gentleman was in
the boat, but was saved. His trunk and effects
are deposited at the house of Captain Bogg*.
[ Cincinnati Chronicle.
A Duel.?We have been informed by a friend
that a duel took place this morning in the neigb
l^rhood ?>f Wilmington, Del , between a Philadel
phian and Baltimorian, the bitter receiving a bull
wound in Ilia arm. The names of the parties were
not aseertnined. [Philadelphia Eve. Cour.
Explosion.?A keg of powder, intended for
blasting rocks, was exploded iastevening, between
7 and 8 o'clock, some when* nearMinersville. The
explosion was felt quite sensibly in this city, and
a report was in circulation this morning that Mr.
Watson's powder mill had blown up. which we are
glad to learn is not the fact. [Pittsburg Gaz.
ICT The Editors of the National Intelligencer
announce that they have received for publication,
and shall place in their columns as early as space
can be found for it, un interesting communication,
of volume and scope sufficient to entitle it to the
rank of a memoir, on the progress and condition of
the Arts in the South of Germany?and especially
in that eminent seat of the arts, the Bavarian capi?
tal?from the pen of our distinguished countryman
Henry Wheaton, Minister to the Court of Prus?
sia, addressed to the National Institute.
K/* The Lexington (Mo.) Express states that
u stage driver named John Wabb stepped to water
his horses, after which, in the act of regaining his
seat, he fell on the road and was killed. The
horses ran away with the stage, upsetting it, acd
slightly injuring a lady passenger. Thi? gives
another instanco ef the necessity of some strict
regulations in regard to stage drivers.
KJ* On the Gth inst. a little girl living in Eighth
street fell into an old well near the ruins of R. C.
Phillips's foundry, and before she ceuld be taken
out, life was extinct. [Cincinnati Messenger.
l?j* We regret to learn that the recent earth?
quake was severely felt in the vicinity of Berthier;
and we fear that its effects were more disastrous
lower down the river. In ttu> city the motion was
distinctly perceptible. [Montreal Times.
Sands's Sarsapariixa ?The discovery of the circulv
tion ol the blood by Harvey, and die laws that govern gra?
iutiou by Newton are two prominent facts which will re?
main forever as imperishable monuments to the enduring
fame ot these great men. But another, and to the mass s
mankind, a much more valuable discovery has recently
been made, having tor its object the removal ot suflering ,
disease and pain.
Diseases affecting die blood and fluids generally are very
I numerous, and comparatively but little undented. Tbe
I blood is a fluid jui generis, and enters every organ tbroagb
' the circulation, arlordiog nourishment to everz texture sod
die source of each secretion. When, therefore, it is impure,
disease is carried to tbe remotest fibres of the animal frame,
in one instance causing ossification of the arteries or tnrning
diem into bone in other, white swelling cr disease of die
joints; also, scrofula, nr swelling of the glands, in various
parts ol" the bodj ; rheumatism, aUended with palptuuwn
and disease of the heart; gouty aflVctiora and cutaoeons
eruptions, also result from the same cause, And a variety of
other maladies which soon hurries the victim into then rare.
Sands'* Sarsaparilla, a vegetable medicine, which isthere
?ult of years of labor and chemical research, in bringing't
to iu present state of perfection, will arrest; and if tiaxfj
administered, perfectly cure these diseases by purifying*"
vital tiuid, regenerating tbe constitution, dispelling diseased
actio?, giving tone to tbe general energies of the synera,
and enabling the blood to cuurse on tre'ly, and brumme
*itb ithealib and renewed vigor. By iti use the p-Uw
cheek will lose iu paleness, and tbe sunken eye regain tt*
brightness; the skin will resume iu natural functions, ana
the limbs their accustomed elasticity.
Prepared and sold at wholesale and retail, and for *xport?
ation, by A. B. Sands k Ca No. ^T3 Broadway, (Gram'*
Buildings,) coraerofChambers-street,New-York. Also sob
by A. B. D. Sands, Druggists, No. 79 and 100 Pulton-*-;
David Sands fc Co. No. 77 East Broadway. Price f I P?
bottle, six bottles for $5. _
D" Tbe real Fud ge 3Iermaid is to be seen at tbe Ne*r
York Museum. It is formed of tbe head ol a moqkcy ??o
ihe tad of a fish, so admirably fitted together as u> decerr?
the most experienced person- The Hughes faaitly. '??
wonderlul rpusxal prodigies, comprising two brothers
a sister, are einraged. Master D. E. Hughes display* ?r
traordinary powers on the Harp. The intant Violin^ P*v
torsos with a skill and science that cannot be sarpaiie^
Master Diamond, Rosalie aad^Boyte appear.
ID* G. Sauwdeos, Inventor and Manufacturer of
Metalic Tablet Razor Strop, 163 Broadway. er? m