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SATURDAY MORNING. NOVEMBER 26* FOR I-RE a I VENT, HENRY CLAY, ">r kentucky XJTTiie Editor of The Tribune ra obliged to request those who wish to *e?- bim personally to call between tbe honr* I 8 and 9 A. M. or 5 and 6 P. M. Il they can coovrniently do so. The absolute necesMtv of devoting some hoars uo interruptedly to b Is duties constrains htm to make this re? quest. _ D* Copies of the Weekly Triune of last week, conuin in? th* first two Lectures or Dr. Smith em GtoU>zy> ^ov~ ernr,r Seteard's opinion in t*.e caw- of John C. CoK and Gtntral Hamilton?* celebrated Letter to John O. Calhmmt may still be obuitcd at the oKce of The Tribune. Price, 6? cents. TT Advertisers will bear in mind that advertisements In tended for Monday'* paper mu-.t ke sent in by 10 o'clock this evfninsr, as our publication office is not open on Son days. The rates for advertising, in view of tbe extensive circulation of thl* piper, are >e.-y reat-uuable, and in ai: cases are payable i? advance. IT The Lire a*o Speeches of Henry Ci.a.y, Vol. L, (Swain's Edttmn; containing a spirited original Memoir of 200 pages, the Speeches-,/ Mr. C. from 18L- to 1329, in? clusive, LU Portrait on steel by Prudhomme, an., a view o his Birth-place by Gimbredf?all forming a large and beau? tiful ocuv i of 535 pages, 1> first published this day hi the office oi TbeT.ibune. Price (bound iu muslin) ?1 50. Ii Is a rich treasury of .-itKerican Genius, Statesmanship ato Patriotism. See uotice on our Firn Page. The Exchangea. Since The Morning Post is determined not to see that one mancouid trunsfer a million dollars to St. L <uis more easily and cheaply than one thou? sand men, acting in independence and perhaps i.-i ignorance of each other's movements and want.-, could transfer the same amount in a thousand um. - qual sums, we will add uco a few more facts of'gen? eral notoriety: 1. While the U. S. Bank was in operation, < t at least for several ye;.rs before its close, the no.e of any Branch were kept at not mote than \ De? cent discount in tho neighborhood of all otiiei Branches. Thus a man at St. Louig who had a sum to pay in New-York or Boston need only ex? change his money for the issues of the Brunch St. Lauis or any other Branch, and the-e wotiiii. when remitted here, be worth their face in Specie, less 55 cents on each $lo0. Finally, the notes ol each Branch were made receivable ar all Branch'!-.-, arid thus even this slight discrepancy disappeared. He who hr.d pur funds in Missouri need only t procure with them notes of the U. S. Bank or am of its Branche.-*, und these would pay the valuee.v pressed on their face in any part of the Union.? Thus we received payment for newspapers from sections which now take none of us simply becaust they have no remittible money which will be mobtv to us; 2. When the Government Deposites were re? moved from the U. S. Bank and Brunches to State Bank?, the discount in New-York on the notes ej some if not all of these very State Banks imme? diately'increased. We recollect'especially thet the notes of tho Planters' Bank and Agricultural Bank at Natchez, Miss, were thus depreciated in value here by the very act which filled their vault; with coin, and this long before any duabt existed of their impregnable solvency. 3. The Post thinks the cost of Exchanges " mu-t be paid by somebody."?It is hard that we cannot bring our opponents even to see our position un this Bubject, when we take all possible puins t'> write intelligibly. We maintain that there need be no cost, or next to none, in the premises. While a thousand different men or firms in Mis? souri have money to pay in the Atlantic citio.-, and as many here have money to collect in tbe West and to pay ir, the West, with no comm >;. channel or fccus, there must be expense in effectit ; all these separat*, unconnected, perhaps confiictif g operations. But one capilaliar, one firm, oto Bank, could richly afford to make all the transfers of funds required in the United Suites for one fonrth of one per cent., and a Bank of issue, with its rates every where receivable for public due.-, could well afford tv> do it for nothing. We believe a well constructed, well managed National Ban'* could effect an immense saving in the mere cost ul transporting specie, which is now unavoidably incurred, by vastly reducing tbe amount of suc.i transpoitatlon. One man sends $1,UU0 from $: Louis to Philadelphia in specie to-day, andanoihet send* $1,000 from New-York to St. Louis to morrow, and a third $1.000 from Philadelphia, to St. Louis the next duy ; and the three operations, which together just balance each other, shall cost those who make them a considerable sum, whiie they would cost a National Baak with Brunches just nothing at all, but would benefit it by the amount of interest on the three several sums while in a slut* of transition. We have no deubt a Nl-. tior.ul Bank would readily undertake to transfei specie- funds from any commercial point in the Union to any other tor one half per cent* and would do it with profit in most cases for nothing?a rci; sonable time being allowed for tho transfer. G3f> The Albany Argus publishes several niceK culled extracts from our columns prior to tbe Elec? tion, showing that we hoped and looked for a bel? ter result in several Counties than has been ol - tained. On the strength of these, tho writer meaoly insinuates charges of " wholesale fabrication*/' "wilfully attempting to mislead People," &c. against us. The Argus knows better than this. We gave just suah advices as wo had from these Coun? ties, inducing us to believe tout the Whigs were at length aroused, und would come out and triumph. The returns prove that our informants were mista? ken?rauch ro our regret and disappointment. We feared the State was lost, but we did think Cayu ga, Onondaga, Rensselaer aod the Saratoga Dis? trict would elect Whigs to Congress. That they did not, is not the fault of tho gallant Whigs who proved their faith by their works, but their misfor? tune. We dare the Aigus, which so prates of our "attempts to mislead the People." and asks thai they be remembered, to republish its own estimate in 1840 of the prospective vote of eaoh State for President, with the actual result in parallel co! umas. Wa will cheerfully pay fwr the space it oc? cupies, if fairly presented. U3T Evacuation Day?or the fifty-ninth anni versary of tbe evacuation of New-York bv th British troops after the Pacification of Paris and tbe reluctant recognition by Great Britain of our Country's Independence?was appropriately hon orod yesterday. The Military parade was ver\ large and imposing ; the Stars and Stripes were displayed from our principal public and other buildings; and the evening was honored by the usual demonstrations. The day was very fine, an.i its festivities enjoyed by large Numbers of citizens. Ujr Hon. John McKislet, one ofthe Justices of the 12. S. Supreme Court, has been Strieker, with paralysis, and lies dangerously ill at his re-1 tlence, Fl-rencc, Aia. He is not expected to re? cover. He was one of the last Judges appointed by Gren. Jackson, and very unfit for.the'station. ? Rhddi Island.?The new Constitution has been adunted?by abwut 6,000 vote* to 30 or 40. Providence gives it 1606, and Newport 484. An imperfect return fr?m most of tbe towns, (some of them including but tbe second, and a tew only tbe first day's vote,) gives 5,112 for and 21 in all against tbe Con*titution. For allowing colored men to vote tbe same as whites, 3,157 ; against it 1,004. The Agricultural towns, which are m03t de? cided in their opposition to Dorrism, gave but a light vote, considering it needless, many liking the Old Charter Government best: and more protest? ing against voting Constitution after Constitution i.o extend the Right of Suffrage to men wbo op? pose every etep taken to extend it legally, and in? sist on 'helping themselves.' Even the Provi? dence Journal, which has fought manfully for tbe new Constitution, pronounces the following eulo gium on tbe Old Charier: ??It is singular with what attachment the people of this Stale cling to their old form of government; an<l yet we can hardly call it singular, for therr; is ev. ry thing ubout it to create attachment. The opt ressiun of the government, which has been talked so much of, is a modern discoveiy, and can? not be pointed out, for oppression is a practical thing. Under the old government, the people had ?rown up happy and contented, and have increased until tbe State surpasses all but one in the Union in density of popalation, and is second to none in wealth, intelligence and enlightened enterprise ? No where has the government been less fell; no where in the civilized worid have the taxes been ho light; and yet notwithstanding this cheapness, the government has b??en well administered in all its departments, and in times of difficulty has al? ways been creditably and honorably conducted ; while the institutions of learning and benevolence, and of religion, have been liberally fostered. What? ever may he her future fate, Rhode Island will al? ways have cause to be grateful to the Old Charier. ?? And now, when this, the oldest written form of government in the world, is about lobe abroga? ted, we should be wanting in sincerity did we not say, that we have no expectation that the State will ever be better governed, or the people ever better contented. We yield cheerfully to the will of thr People which wrdains a change, and we look upon the Constitution now adopted, as well calcula'ed to secure and protect the liberties of the people, to guard the rights of property, and to promote the general happiness. May the next two centuries leave the poople of Rhode Island as well governed us they have been for the la6t two, and they will have no reason to complain." The Pnnisbuienttr Death Virtonlly Abol i?hed in Vermont. By the following from the Montpelior Vermont Watchman of last Saturduv, it appears that the bill to abolish in effect the Punishment of Death, though once defeated, as wo some time since sta? ted, has finally become a law. We rejoice that Vermont has been the first to take this important step. The Watchman says : " The present Legislature of Vermonthas passed an act abolishing capita! punishment and substi? tuting therefor imprisonment during life in the Penitentiary, unless the Governor shall, after one year, issue a warrant directing the criminal to be executed. This bill has received the signature of the Governor of this State, and has consequently become the law of the Commonwealth. We re card this measure as the most important one per? fected by our Legislature during its present ses? sion. It is a measure that, receives eur hearty ap? probation. We consider it as a virtual abolition of capital punishment, and as such believe the ex? periment is well worthy of a fair trial by-the peo pie of this State. We know that many theories which appear berutiful, and Reem to promise great and good results, work badly when carried int" ptactice. We say, give this law a fair trial, and if it turns out thai crimes increase in our land, and that the lives of our citizens are less secure man under the old law, then, we say, repeal it: but at present we entertain no fears of the result. "We believe that a law is useless and generally mis? chievous in any saeial compact, where such law is not approbated and sustained by a general pub? lic sentiment. The feeling had become very general in this State that capital punishment is ? relic of a barbarous age. Indeed it was difficult to select a jury who would convict of murder, knowing the inevitable consequence We believe the present law will operate beneficially, becaus it exhibits the humanity and Christian feeling of the Legislature; and, secondly, becau-e there will now exi*t a much greater certainty of convicting tire suppposod criminal than did exist when death was the certain penalty of the law. Less positiw proof will now convince a jury ' beyond a rational doubt' of the guit of a prisoner than was required under the former law. We humbiy hope and trust thut the experiment will work well, and the neces? sity for a return to the old practice of taking life for life may never exist.." North Carolina.?The Legislature of North Carolina met on Monday the 21st, at Raleigh. The election of officers consumed the day. In the Senate, L. D. Wilson, (Loco-Foco,) from Edge combe Co., was elected Speaker, receiving 23 out of 47 v.ites; and in the House, Calvin Graves of Caswell, also Loco, received 64 out of 112 votes for Speaker, and was therefore elected. Arkansas.?The Legwlaiure of this State com? menced at Little Rock on Monday the 7th instant. Gen. Samuel Adams of Johnson Co. was chosen President of the Senate, John Widgery Secretary. In the House, Col. Wr. S. Oldham was chosen Speaker und S. S. Tucker Clerk. DCT" Hon. Ambrose H. Sevier has been re elected a Senator of the U. States from Arkansas for six years from the 4th of March next. [So sa~s the Journal of Commerce?we think prema? turely.]_ 3_T> Rhode Island is full of Banks, jet not one has failed since 1837. Some of them are at? tained in villages w hich have hardly ado"?n houses. They must be very cheaply managed. Elopement.?The Commercial says ih'it Capt. D'Eymar, a Frenchman from Louisiana, recently sloped with a lady from Porto Rico who has been spending the summer in this eiiy?and was mar? ried to her at Philadelphia. The two have met each other for about three months past, but never except in the presence of third persons, at least so far as is known. D" The Weekly Tribune for Saturday, Novem? ber 26., is tor sale This Morning. Price 6J eents For tbe convenience ol those wishing to send it to tbeir friends in tbe country, it may be obtained in wrappers ready for [nailing, at tbe same price. Tbl? nun her is more than usually interesting. It contains tbe f.duorial article which appeared in the Dail.. on th* Cloting Scene of Johu C.Colt, Governor Sewaru's las Letter on Col 's Ca>c. the Proceedings of the Coroner's Jury t?n tu? Body of Colt, and Rev. Dr. Anthon's Notes, akca iii his interview with Colt; Parker's Fourth Discourse; t he Science of Neurology ; Tbe Punishment of Death De ?ended, and Reply thereto; Trial of Sullivan, McCteester and others on Indictments for causing the Death of Thomas UcCoy ; Tue Case of CoL Webb; Foreign News; numer? ous Reviews and Literary Notices; The Third and Fourth Lecture of Dr. Smith on Geology; Official Election Re v:,n" 5 ***** 5 An Editorial article on the Action of tbe ?._lg Party wiule in tbe Ascendancy in the State of New *ora; several othtr Editorials on various topics; full ac? count of the Grrat Gale cr; Lake Erie; A List of all good tJauks in the United States, with me Rat? of Discount, v-c in-, Stc jct The Weekly TaiBt-xr. is one of tbe largest News? papers printed in the Unued States, containing 42 columns ?A closely printed matter. Price tH cents, or $2 a year. GRJERLEY 4. McELRATH, n_? j Tribune Buliurngsjieo N ataau-sireet. Corres*-rodence of Tbe Tribune. Trial of the Prize-Fish ten Continued-Ev? idence for both ?irits closed. White Plaixs. Friday, 4 P. M. The Court rose last night at about 7 o'clock, when the District Attorney said that he rested his case, and Judge Ruggles called on the prisoners' Counsel to open their case; but at their earnest request for lime for consultation, his Honor con? sented to adjourn until 0 this morning. At that time tho case appeared very favorable for the prisoners; but, to the surprise of every body, when tbe jury was called over, the Attorney General called one Michael Lawler to the stand, who went into a long statement of facts, which, if not rebut? ted, will certainly tend to prove Sullivan gui.ty; as the witness swear3 to his having taken such a part in the preliminary arrangements as show? that he had a very great interest in the success of Lilly. The. witness underwent a long cross-examination, which did not produce much effect, so far as I could judge by the appearance ef the jury. With this witness the Prosecutioa rested their cose, and Mr. Lyon tose to open the Defence. At the outlet of his observations he took a review of the decisions of the English Courts with respect to prize-fights, and the construction which they had put on the Common Law with relation to the offence when death should ensue. He then went on to contend that, as neither the English Courts nor our own had construed sueh death to be mur? der at Common Law, it could not by our statutes be construed into manslaughter. The learned gen? tleman then went on to compare the offence with which the prisoners stood charged with the offence of dueling, which was not made manslaughter under our statutes ; although it was to be presumed that the Legislature were quite conscious of the practice, for a prize-fight had been enacted in this State la-it February, while our State Legislature were in session: and if they did not think proper to pa?s a statute making it manslaughter, surely the jury were not called upon to place the men at the bar in the same category with thieves and murderers. The learned gentleman also contend? ed that the people had sought our tbe battle-ground as a place of amusement, and that the parties were r.o more liable for manslaughter than the specta? tors of a legalized horse-race would be if one of the jockeys had been thrown from his hor-e while passing with the speed of lightning round the course. After a few other observations with re? spect to the particular facts proved against Sulli? van and McCleester, the learned gentleman con? cluded by confidently anticipating a favorable issue, from the justice and impartiality of the jury. rrom present appearances, I do not anticipate a verdict until a late hour to-naorrow night. COURT OF OYEr'aND TERMINER. Before Judge Rucclbs, Hon. Caleb Tompkims.Hoii. Wil? liam Jay and Associates. ?ratninati?<n of George Lansing continued.?Kenselt trained McCoy for tbe fight at Hoboken. Tbe match was made in consequence of a squabble which McCoy and Lilly got into at a boxing match about a week before. McCov and Cheshire Bob had a fight for the same reason. McCoy was ousidered a smart fellow and at a boxing match Lilly struck him, which was the origin of ihefi^ht- I douotknow where it was, but helieve it was at soaie large room in the Bowery, Counsel.?Who were McCoy's backers.'' Witness.?I do not know that that is a fair question. The Court ruled that the witness need not answer. Counsel.?How do yon pet yoor I'ving ? Witness.?Whyi I live on my money, and make it as other people do. I bet on almost every thing, and play cards and dice as 1 just .please. I stood at McCoy's corner during the fight Counsel?Were you not pecuniarily int-rested in the re? sult (fitness.?That is one of those peculiar questions.? iLaugii ] Counsel.?How much diu you lose that day ? Witness.?All I had. I believe. Counsel ?Well how much bad you ? Wxtntss ?Perhaps ncne at all. Wim. Harrington, examined.? Was at ihe fight the day M Coy was kitled. Heard Sullivan say that it was a great -haine, they had better take him out of the ring that he was shipped. " You forgot what I told you." lie said toLill.* '? iis getting dry." Its hard to tell what a man means, b> *hat he says. At limes I think he said something about ? tbe old spot." He san? out u Lilly, the old spot's getting Iry ?> He added '' what have I told you." Cross-Examined. The ring only contained six person-; from my knowledge of the art of fighting I do no; think a neavy blow was struck from first to last. I saw no knock .lown blow struck. I did not Bee either one knocked down ?airly. Court. What do you c*U a fair knock down ' Witness. Why one that puts hin- on bis back and stays ihrre. I ibink it was a fair fight in regard to blows.altbou.h .t had cud ; but it was sevete trom tbd number ot throws ? After McCoy tell Lilly often lay upon bim. 1 c?mioi say ihat I heard Sullivan say " Chris lay on him." Sullivan aim McCleester begged of them to take him away. I said to McCoy myself, ?' Why do n't you give this up.' You can'i beat him." He only said it 'a a long day before me." By the District Attorney ?I saw some one open tbe eye of McCoy with a lancei; I did not see Mc'Coy's eyes so closed ai any part of the buht but what I should suppose he could have seen out or tbem. He asked to have his eyes lanced,and a man stepped up and did it. William McCoy examined? I live in New-York; was at ihr fight at Hastings in September last; Tom McCoy wa my brothtr. 1 never saw Sullivau before that day; he was botlle-hnlder for Lilly on that side ot tbe ring; 1 saw him ai leudiug on Lilly ; I heard him whisper to Lilly how to take the advantage of my brother so as to bit Uim ; I do n't re? collect any of bis expressions, -hu^Jie^Xas making a grvai noise in ihe ring and blustering there. My brother was thrown many limes by a heave; Lilly would lay on bim as nard as be could, and most generally with his eibow on his neck. I caunwt say bow many tunes 1 hav? heard my bro? ther tclLLilly to keep his hear*, up, as he lay on the ground ttcClres!*? -vasoo? ji ihe seconds for Lihy, but be never Interfered during the whole fight. He always kept at his cornev of the ring until L'lly was down ; one of the secouns atwa? s krejo ai his coiner while the other accompanies .he uan tnio the ring. 1 went up with my brother in the Saratosa ; Kenstlt went up with us; 1 believe he came tuck with us. He acted as bottiv-holder lor my brother, with the aid of Richard Fagau, my brother-in-law. He was to wasb the sponges out ju-t as the seconds needed ibem. Tbey had ground rosin to put in the palms of the hands when they got sweaty ; it was used more at Lilly's side than ai my brother's. Once a little stuck on my brother's n.nuckies, when Sullivan said, ?? That's loul ; Sandform, il \oj roiin your man so, I'll rosi-, my man up to the eibow-." At the last round they said he wa?dead, and I jumped into ths ring and said, " Tom. how do you lee!?" I raited his bead between my legs, and the blood was pouring out ot uis mouth. They hud all run away, ihiokinij my brother was dead, when McCleester cut off my brother's draweis, *nd stripped himselt, so that ray brother could have his dry ones put on. My bri llier never spoke alter 1 get to him ; we cut tbe lOpesiso as not to strain bun, and several of them look off their great coats and pea jacktts to put under him as he lay on the bank ; we wasiied bim on board tne steamboat, but ne was very niuch bruised ; the bridge of bis nose was bra? uen ; be was taken to my mother'* house, at the corner of Water and Dover streets, No. 14; the body was opened there by the docu>rs ; they wanted to lake bun to the Dead House, but my momer and sisters were opposed to it, so they left him locked up iu a body ; there was a good deal of ?lood on the neck ; tbey overhauled his intesunes and found them ail in good order, t ut beiow tue belt he bad re? ceived an injuty. Crois exmmtned by Price?I did not see Sullivan with n the inner nug. I can't recollect all the expressions he used, but he said m-?ny times " hit bim in the tace." 1 was al * ays 15 feet orT from ssllivan and sometimes 30 feet. I do nil mean to say that I beard him whispering to Lilly, but 1 Beard bim say What I have said. My brother was on the ground when "be tob' Lilly *' to keep bis heart up." I have ?*-eo ina?y street fights and fought a little myself, but I never went to a fit- at like that bet?re, and I had no right to interfere. I suppose 1 was present when he died. A get. th man felt bis pulse and said be bad no pu sc. I broke a boiUe of water that day but was not drunk. I drank a cou? ple of glasses after tbe right and takeu iwo belore. 1 wa? not intoxicated during the fight, nor was I intoxicated ak ?he inquest on my brother. I have said that I wished Sulli? van would go to State prison. Bg Price.?I said several times be ought to be taken out if tnc ring, but my hrother-ln law said u was of no use. I lid not see the magistrate there, and 1 was ignorant of tbe ?hole business. I've uo recollection ol say ing that my brother could win after be had fought two hours. Friday Mossing. Michael Lawler examined?I was at the right between McCoy au-i Lilly ; saw Sullivau there on that occas.ou , on saw him on the wharf at Hastings. Lilly and his two seconds were ihere?McCl?ester and Ford." It was aDout ?Hifpa>t9or lu o'clock dial I saw tbem Th-y iaquired 'or a stable where they could put up their horses. 1 told bee.t ?vhere to go, and went *iih tbem. Thry then re? lumed m 5tr. Arccard's hi; use and went into a "room over uis workshop. T. ere was another man with thtm wiosaid ne was an express or a reporter. Lilly changer! bis shirt and went to bed. The iwo seconds sta.d ia tbe room with Lim. Suiiivan came oat and went with me down to the wbart He told as there were steamboats coming ap wh ch were to land at the wharf. We returne.i to the house be? fore the figbt- Sullivan taea toid Lilly to prepare um et! to go down to the ground. ft was then nearly 12 o'clock: Liliy tben got np and dressed himstlt, Sullivan and tbe seconds ass-jung bun ; I saw Snliivan pai some of tb- clothes on L hy which be j was to tight in. an? tie the ribbon roaud nis wa.st; Le only [ wore white rot-in stocki.-gs, shirt small < !o;hes. and an ov-rcoat; Sullivan went with bun in the wa^on up to the fighting ground ; tbe oilier lw? went on f-w.t; th>hocie was about three quartets of a mile in>m tbe fighting ground: I ?alked cp to see tbu fight; as w? came ap to the ground a'jct'jer ? kgon met c>'about ii-lf a mile from tbe ncuse; we met ai_iinr r wagon wi.b two m it. they told us that ihe ma_i<t'''te wa? on the giound, going :o p: event the r._!.;. Sullivan sa.d it makes uo odd*?we'd go ihe ground ; nei? ther of tne parties got net tb-re: befnr? the wag -a came 10 tr.e ri g. Lilly and Suilivsn got oat of ::: S!:ii;v<i:i came ovrr to me and told me to waik al .r.gside of Liliy, so that teere might tie no notice takenof Liliy; Sullivan went on aiead o: us ur.Ul we came to the groa_d. A? soon as we arrived there t?o pea coats were spread on the ground tor Lii,y to he down ai.?i re-t biros-It. This was outside Uie rope-altogeiner. I think Liliy lay down for 20 minutes or l?alf a? tiour. Sullivan and "some others were with him. .McCoy came in from the -leamh ?o: 2U or 30 minut~s alter tbi- : i: was announced ihn McCoy had ar rived. L Uy ?ien put or. hLs fighting shoes wblcn were in my charge. Ke Uien took his hat and Uiraw it into the air first. Tom McCoy then threw itil.is bit. Sullivan accom? panied Lily to the ring. Tt,r rir?t ?nm which strack my altem on was to ?er ;he Magistrate wb? sa a the people must disperse atd so on, but there was such a contused noiie and Mr. Sulhvan cried to tre mob to be silent while the Magistrate is doing <inn. Thai's all I beard. Tbe bot? tle then"'commenced ; 1 saw Sulhvsm sponve Lilly's back ua ringthe fig i:I suppose he d d thai 5 or 6 limes. I t.raru Sullivan cry out f?>r ihem to take away McCoy for be was a whipped man. This was the 30th round. Alter that I did not see h m nunc Lilly, nor did I hear him say where to plant bis blows Sullivan said he was a ruined man if Lilly lost the battle tor he laid all The money he bad on the re? sult When McCoy gave in there was a sbout irom Lilly's side of the ring. >uilivan said Lilly had done verv well, but thai be expected he could have whipped McCoy in i half the :ime. I did not hear of McCoy's death till we got back to the house. This witness was subjected to a Jong cross-examination relating mainiy to conversation he had previously had about the right with Justice Golding, and to testimony he bail before given to the Grand Jury, when it seems he did i -;a;-all ihe particulars, an se said he was not asked about i them Nathing material was elir.iteiL The prosecution hers rested. Eridcnce for the Defence. Edvrftrd Carpenter, examined.?Went to Ihr fight in the steamboat Indiana; th-- prisoner. McCleester, kep: the bar on board that steamboat. We arrived there at 11 o'clock. A. M. ; tb?.' light commenced about '2 o'clock ; I did not think McCoy was beaten until the last twenty mends; pre? vious to thai he came up very firm, and I should say vary stubborn; Sanford asked bim how be felt after the hundredth roun't, and he said ?' he '-ould win yet;" this might be nb int tne one hundred and fourth round: it was a fair fight, and conducted as lhave s'en other banles fought in bngland : the parties are at liaertv to str,ke a' ove the belt: itis foal to strike a man when he is do ah. or to strike below '.he belt: iiiiing is fou 1; the hair is always cm short beiore go log into the ring, to prevent the opponent gluing bold of U: it is the duty of a second to announce a fool blow, and 11 ?o decided, it is tie duty of the second to take the man who has received it out oi' the ring, and the party giving ihe blow lose* the figbt; there were judges appointed ; I think Somerinrijke was one, f-nd perhaps De Forres was ihe umpire; if ihe man, alter a foui blow, -lands up again, tii-right goes on ; I did not see any toul blow struck, or rear any que-Mjn raised ; a round may last three or four, or only one minute; at times there is a great deal of skill u>ed in tbe parrying of blows; the bottle-holder usually ?t inds outside the rmg; 1 sa # nothing to indicate that the fight would terminate tatahy until the last round; liien : - C'>y a?ked tor a docto-to lance b s eye, which was do.ie: tie came up pretiv m fT", bui not so strw:ig as previous-y ; he pul bis hand :ip to open his eye and w ipe out the blood ; I did not think be would die, but wa.-.-are ibai Ii- w?uln I ?e In? fight; f thought thai from the ninetieth round; heard Sulliv?n say olten," Use man is bent," "lake your man awav," -il I had nny thing to do with it, I would take him awHv;" he was standing men at Lihy'scorner of ihe ring, outside the ropes; McCleester said to Sandford, "why don't you take your man away."' to which Sandford re? plied,41 vou go to h?II?you'd get licked too, if you don't mind ; " Snlhvan toid them to take him away five or si\ times before McCoy gave in ; he also said il was a shame to let them fight nay longer: McCleester also said it was a shame to bring him to the scratch any more: wiicn Suiljvan -aid it was a shame to bring McCoy up. the seconds of the deceased said it was not tm.e?that be could tight an hour longer yet; never saw Kenset in my life until 1 saw- him in this Court; I was one ot McCoy's friends, but as I named to know what was -.aid all round. I <-f;en weist over to Lillv's ccrher: I saw McCoy's brother on board the teamboat, but did notk^ow who he was; I saw him al-o at the tight; he was a little bit raised, and in my opinion he was not ?ober; he was a little spiteful; tie was asked for a be tile of wine, which be kroke, ami wa- then pushed outol the ring, and considered to he drunk; w hen he goton board the Steamboat, he (Bill McCoy) was < rank : saw him at the bank w here Tom lay. and he was- fretting I ke : he could not be sober, tor he was drunk on board tbe hon: when \vc were washing the body of Tom : McCleester. die prisoner, got into the wafi up to his waist to get th" body of Tom imo the liitlc boat: Somerindyke .:sWed m- if Toni was nead, and I said yes, we then put a cle n shirt on :h? body,and I took it borne in a coach to the house of his mo "her; B i)i McCoy was not sober. Cross examined by ihe A'torne> General?First beard of the figbt In Albany. I do not know whether McCleester was the regular bar-keeper of that boat or i ot 1 do not know if the boat was chartered for that particular purpose or not. 1 ilnl not speak to McCleester ah ibe Ma** I "1** onboard. I ihnik McClersuri*.. bar was not the regular tor ? >f the boat, hut a 'emporary one fitted up for the occasion During ue fight Sullivan may have gone on to Lilly's cor n r 20 or 30 time. > a'ter th- lOtHh n und 1 did not observe hi?i go up. A* p ize rig'imt is customary for a little 'brag' to be used on each-i-'e; not only the seconds do this, but he bystanders. I think I heard McCleester say once to Lily. " By Jove, Chris this looks an awkward hu-iness; we may get tn o a bad scrape;" hesiid it to Ford, wboKaid ? We arr here;" tie afterw arris ?aid, " Chris, do n'l bit i im inv ttiO'f-he's throwing his blood a*'ay nd must lick himself." I think if McCleester had left the nny theo.thoa who were backers ol Lilly would have attacked;:bin; I w uld noi .wear tiiat I ever heard McCleester or Suliiv.ii ?dvise Lillv io give up whipped and leave the ring. Mc Clee-terlay down in the corner of the ri'.g towards Uie ?|e>?e of the fight, but did not leave the ring ; when his man fe|) d'>wn, of coarse ke d eked Mai up. tSy the Cau-t? He helped to carry bis* man back when he fell, t ward! the close By the Attorney General?First saw Bill McCoy when he was turned out of the ring a*, drunk. Saw him drink out of the botiies in ibe1 baskets; I wont swear to more th a twice. Wnen we were going hom? in the coach with the body,heard expressions whicu satisfied me that he w rtrnnk. At the fight I am certain hr ?as not sobe , tor be did n't want to have bis brother come out licked n'iy lio>v. He h> pi jawing with iii-tiroiher-io taw, md h-:ng ia a mob of people, it is impossible for me to >ny what he said I cannot say what colour the liquor was which he drank. 1 may have drank twice, nut was not drunk for all that. I think I drank ihrer iio.es as 1 came home with the body. I will swear Bill drank oitener than I did. I was sobe w hen I l'oi to New-York. Bill would pai his dead bro b<-r on tl-e cheek, and went on cur-ing about Sullivan, lie has told mein 'his Court that bed d not know me; yet if any man had done sucl. a thing for a brother of mine. I should b?ve remembered him lor ten year*. I am employed in :he American Navigation Line, shipping passengers from that citv out West; it takes me up the river very often. F*r the last three we^ks I have not beeu doing much. I am wnat is vulgarly called out West, a runner. By Graham? McCoy wns trained in Albany, and I saiv him set to with a young man named Ottington. Jim Sand ford trained bins. Here ihe Court tonk a recess. John Peele examined by Graham ?I was at the right at Hastings, and uo to the 25th round the chances appearea t. be equal. After that the day appeared to be going BgajnstMcCoy. H> seemed lobe et goi;d courage, and did no: w?nt to be backed as he came up to meet his anta? gonist. 1 stood 0-: the top el the Aqueduct, and although J could n'Jt hear what was said, I could see every thing that pas-ed. 1 saw everv blow and every tall. A blow t,.-i iw the belt is deemed foul, and also tor a man to use his knee inaw.esile. I saw one foul biow given.by Lilly; it was just below lb-beil. 1 did not see e'tlier of the parties use tusknee in the roulr. There was Something said aoont the foul blow, which resulted in both the men being brought to the scratch. I here were twojadges appointed at the com? mencement of ihe figni to decide that a blow is fou'. l heard Snlhvan teil the other party to take McCoy onto! li.e rn g tor there was no rh mce tor him to win. I siw Sullivan throw up hi- bands ami say " Gentlemen, 1 wi-h yooito take notice Vre got nothing to do v.iib this fight." Auer these declarations nn ihe part of Sullivan, McCoy ws regularly taken to bis corner I did not see the brother ot McCoy there. Aiter Sullivan had made the declaration he came up as tresb .is ever, but about the ?5th round be had a severe fall. The first intimation I had that trie right was over was by seeing Lilly it ave tbe ring, whil- the brnly lay on tbe ground. I also saw the body on the b ink. Cross-examined ?I live in New York, and did not see Sul? livan after he tnrew up his hands as I've described Mc CleeiUjr continued in tbe ring until the right terminated. I knew Sullivan first about a year ago. Omy know Lim by -ight Sa? Sullivan also at the top of the Aqueduct alter the Sgbi was closed. Did cot have any conversation with him. 1 did roi bet a cent on that battle. I know that one foul blsw wa? struck and referred to tbe judges, but how the question was settled I cannot tell. I am a butcher by occupation. Wm. Harrington recalled?I saw Bill McCoy at ihe fight. He was drunk, and it ajftcurd his gait a considerable. He was staggering about the ring. He said bis brother was game to the back bone and he could lick Lillv, he knew he couid. I did net notice the brother of the deceased alter tbe f.?urih round. g^Enoch E. Camp examined?1 saw Bill McCoy on tbe ground tbe morning of the tight. When I firs! s?w him I asked who he was, and was told the brother of McCoy. I said, "why be is corn'd " 1 was at the Coroner's inquest the neu day and he was not sobpr then. Cross-examintd? His manwr was excited at the fight. At the inquest he gave his testimony with sorae clearness, but it was remarked that he was not sober. 1 am acquainted with In-h character an 1 have been at wakes He told a pretty straight story, hist nevertheless he was not sober. Heard his lestim-iny here and at ti.e Coroner's. He said many things here yesterday which he did not sav there. He swore to a remark oi this kind, that either Lilly or McCleester ?aid hUbrstrer must be taken away ; he's got enough H= ai-o swore most positively that his brother told him thai he never would come out ?l tbe ring alive if be did not whip his man. James Hagan examined?I was at the tight al Hastings. Heard Jsuliivan >ay to McCoy', seconds ""You had better take your man away," to which his seconds replied in angry terms and Shammid replied - You go to ?;" Ned S?ragae also replied very angrily and was very noisy. I beard McCleester say very often " Take your man aw'av." W ben Lilly attempted to get on bis tee! atone time, liis seconds tried to p/evei.t him, aad I thought Uiwy were going :n stop the figbt; he got ap and went towards the scratch^ I aoticed tbb particularly bee-juse I was disguste* with tbe conduct oi die seconds of McCoy, aad thought Lilly's s*?c ouds acted much better. Towards tbe end oi the figbt, Mc Cieesier app-?red to neglect bis duty, and not to Tri I much inter* rt ia Lilly's success I beard Sullivan *a> to McCov *s seconds, " Wbat do you mean??to get the man kil!?d This was about the lo4.b round. I thought McCoV? ser? enes appeared to desert him. and that McCleester "wns the only m?n who stood by him. I f Here a discussion arose as to the admissibUity of testa mony ia favor cf McCleester's huraaoe conduct towards the deceased] , ,. . . The cross-examination elicited rxjtitng new. EiexA E. Camp, recalled ?I was at the inquest, and took partruiar ooiice 01 the post mortem examination, and was Ttrv careful to get toe testimony ol the physicians. Frons mv personal examination of tne body there was no injury b*>iow the place wbere ihe tell was placed. There was no appearance ol favjary. Tbe inquest was held at the Alms Hojse, but the dissection was ji the itouse ol McCoy s mo? ther. The throat was much inflamed, there was considera? ble ftlooo in the windpipe, the no*e was oroie, the ey es closed anrt much inflamed lHerr the witness reiieraud his former testimony as to the torn blr>w which bad been struck by Lilly. J Mr. Graham here offered a letter in proot o! the good character .if McCleester. . The Attorney General oppos?d the recepuon of such tes tinony. . Judge Rugbies said that although the Court had greak doubt as to w hether evidence of this kind could be made to :r rijer.ce the Jury in the present case, yet that the Court would not take upon themselves to reject it, as the accused b-d offered tt. A letter was then read from"AIdermen Haifield, Purdy and Crohns certifying that they believed McCleester to be a ? iTOOd natured. inonVnsivr and baruilev-person?rather more tnan usual.' Tbey thought be would not be likely tojoin in anv disturbance. Tbe Coun?el for the prisoners rested their case, and U was understood that tbe testimony cloed on both sides. Dr. Smith's Lectures on Geology. No. V. Dr. Smith opened his Lecture last evening by brieHv explaining why the climate is colder in Eu? rope than it is here under the same latitude. He said it was because we are on the eastern edge of one continent, while Europe is on the western edge of the other. The western edge of our continent and the eastern of the other would be found to be of the same umperature. Tbere is another change going on, Dr. S. said, which may produce considerable alteration ia the channels of trade. j The Ohio must become lower in summer, and the j floods of spring must become, in process of time, more disastrous. This will necessarily ensue as 1 the country gradually becomes cleared up. It is known that in some parts of the country the streams are now gradually diminishing; and this is per? fectly in accordance with what would be expected The snow melts much more rapidly, and therefore the floods will be much heavier, when the forests are swept away than now when the country isnew. The process of rilling up lakes, Dr. S. said, is sometimes effected in a different manner from that mentioned last evening. The usual way is for lloods to wash alluvium into them?carrying with it bones, shells, earth, &C. But at the battle ot Austerliu 2,000 Russians attempted to pass a frozen lake. The French tired bombs upon the ice and broke it; so that these 2,000 men, with a fearful shriek, sunk to the bottom. These will j become fossilized in time, procisely as the remains have been which we now have from other ages. In 1541 the Scotch army was defeated by the English, and a troop of horse seeking to escape sunk into the Solvvay bog?and there they remain even to this day. Now in the course of time, when the Austrian lake is drained, the lake deposit will be cut through by streams, and these bones will be exposed to the view of future generations The number of human bones, &c., now deposited beneath the ocean and other waters of the earth must be enormous. The number of ships lost yearly nt sea is about 1,000?so that the bed of the ocean must be strewed with the bones and works of men. At any upheaval of tho ocean's bed these must be exposed. The streams are constantly cutting away the soil; and whenever a pebble gets into a whirling current a cavity is sonn formed as is now seen at Trenton Falls. Of Niagara the sarrn; thing is true. There was a period when this continent was under the water: this we know because the limestone at Niagara could have been formed in no other way. And at Lake Champlain are also to be found shells precisely like those now exist? ing in Boston hat bor. After the lapse of a great period the first upheaval of the Earth took place, leaving a wall guarding the sea coast as is now ob? served upon the coast of France. There was then no Niagara river?the sea covering entirely Lake Erie and whht is now the river But soon there came a second upheaval which threw up the Niagara limestone. Lake Erie then extended to the level of the present fall?for Mr. Lyell found upon that level Lacustrine shells which must have grown there. The quantity of water discharged is said tobe fifteen millions of cubic feet a minute; and it then fell 300 feet, whereas it is now but 164 Thus in the progress of tt me as th;? falls recede from tne lake they have been gtowing less and less in bight, for the dip of the strata backward is about 26 feet a mile and the distance to which they have receded is seven miles. As to the fact of reces sion there can be no doubt, for it must have rt ?ult d from the nature of the case. If we cuuld tell the rate of recession, we could fix the period of the second upheaval; but this cannot well be done, though the common calcula? tion is, that it has taken 35,000 years to recede to its present position. This Dr. S. thought too long a time, for it seems evident that the reces? sion now goes on faster than it did at tho early pe? riod of its existence; fur the rock is much softer. It is proved that the upper stratum has tumbled down at different periods, as that below it has beers worn away ; for on sounding with aline, im? mense beds of rock have been found in the river below. The order of the strata at the Falls is as follows: Niagara Limestone_.20 feet thick Shale.80 " " Limestone.20 " " Red Marl and Sandstone. Sandstone..?.20 " " Red Muri. The shale being soft, is now being washed away; when it recedes to a certain distance, the harder rock above becomes deprived of its support and fails away. But when the shale has been washed away to a certain point, the Fall can re? cede no faster than it can wear away the ban I limestone; and then the process will be extremely slow. But there is another circumstance which will tend to accelerate the process ; it is this?that the dip inclines from the American shore to the other Thus the river runs, in effect, on a side hill; so it will gradually encroach upon the Canada shore fa*?er than it does upon ours?Goat Island, in the end, becoming attached to the American side. There is another reason for supposing that less than 35,000 years have elapsed since the Fall was at Lake Eric. The river began to run upon the first upheaval of the Continent; and since that time the banks of these rivers have been gradually washed away. Dr. S. said that within forty or forty-five years the rivers had worn away some ten or twelve feet ; and this would give a much less time for the whole recession, which he therefore thought could have occupied only some 10,006 or 12,000 yeais. But water produces other effects than these.? The velocity of currents and their power of trans? portation have been measured by geologists, and it is found that when the current runs at the rate of two miles an hour fine sand, or mud will be trans? ported : when it runs 4 miles coarse and gravel will be carried along; when 5? moderata round pebbles, and at 3 we have angular pebbles. But when water rushas with violence, rocks of great magnitude are swept along in its course. In Switzerland and Scotland this has often happened. Mr. Lyell sought to calculate how long mud might be suspended in water, and thus to determine how far it could have been carried along. But Dr. S. thought no reliance could be placed on these calculations, as no parallel in this respect could be drawn between water in a state of rest and of violent motion. Still it is evident that fine sand may thus be carried to a great distance; for we knew that this has been the case with rocks that have thus been ground to impalpable powder. It has been found that the mouth of the Mississippi Las by the process of tilling up been pushed some 50 feet into the Gulf of Mexico since the discovery of th? Continent, and 30 since New Orleans ?14 settled. But there is this circumsur.ee in such ca?es: tbe higher artificial levees are built, the higher they must he built, for the river soon attains their level, whatever it is, sad then it will over, flow the surronnding country. The mouth of the river must be pushed farther and farther, until the alluvium leaches the Gulf stream, and then it s?Ul be stopped.. This has already happened 10 the Nile : where the Delta is now found to be carried off laterally instead of being pushed farther into the sea; and so it must be eventually to the Mis? sissippi. It is found that wherever tbere is a bar in a river the water just above will remain s'agnant foradis tance up the river, until a iice drawn from the top of the bar will strike the bottom of the river.? This explains the fact?that when a person is drowned from our wharf in the fall, it of happens rhat th-? body is not found till spring, a::i then it is found to have floated no farther t^an Governor's Island?because tbe tide is not as ?trong as usual, by reason of the bar. " "L his alluvium increases greatly in amount by cul? tivation; so that as the country is settled, more must be swept oft", j.nd the Mississippi fills up faster :han before. At some antecedent period, though it is not known when, there swept over the north part of this Continent und Europe a tremendous torrent from the north. Mr. Lyell stated that it had transported rocks from the north of Europe to the southern portion; and here we observe evidences of the same fact, for one r.reat rock nt least was swept from the north and lodged upon Mr. Pisr pont's garden in Brooklyn. There is no doubt of this, becau-e. under these boulders as they are called, is found alluvium. In digging a well, more? over, on the Island not long ago, one of these boulders had to be blasted; and beneath it was found a beautiful sea-beach, covered with pebbles, and affording indubitable evidence that such a torrent has occurred. The direction of tho tor? rent is found to have been always the same; and as their original position is approached, the rocks ?are found to be more and more angular. Now there is but one power known that could have transported these rucks, and that is ice. The power seems too enormous for water to ha\e pos? sessed ; but it is found that in large icebergs thett are rocks of the same size in the process of being thus transported. Glaciers are found to have been pushed forward, cat ry ing with them rnorain, as it is called, sontaininf rocks as large as these. But it still seems wonderful what could have caused such a process?such a freezing and thawing as would have been necessary for it. It has be?n supposed that the Sun once gave us less heat than it docs uow ; we see, indeed, other stars growing loss bright and finally disappearing; and it may be 1 hat our Sun was on*e thus deficient in fuel, though even then it is not easy to see how the water could have got to the North, to bo there frozen. The direction of this current is also established, by observing, as may be done even on this island, grooves in the rocks, all extending in the samo di? rection, and this, too, independent of the cleavage of the rock. Capt. Basil Hall first discovered this fact upon this island, and pointed it out to the Lyceum. This seems to establish the fact that tho rocks were thus transported by great icebergs from the North, and the groves thus cut upon ihem. The subject of glaciers is now undergoing in? vestigation in Europe. No distinct rnorain, as Dr. S. knew, had been discovered in this country, though they have been seen upon the Grampian Hills. The springs which run into rivers often sap mountains and thus cause them to tumbia down. A geologise once warned the dwellers under a mountain in Switzerland that it would fall before many years. They disregarded his warning and were soon after crushed by its downfall. Valleys are usually formed by rivers; but they are also formed otherwise. The valley at Lan? caster, Fa. exhibits the strange appearance of a river coming out of a mountain, crossing a valley and again going into u mountainous country. This is a puzzling fact, and Dr. S. said he coud explain it only by supposing that the valley was one of de? pression, having sunk after the river had ?ut its course. Tbe manner in which rivers cut their way through mountains is sometimes inexplicable, as is the case with the Hudson at tbe Highlands. The same thing may be observed at Harper's Fer? ry in Virginia. Beyo.-id all doubt, Dr. S. said in closing, the time must come when all these highlands at the North, and near the head waters of the Mississippi, would be worn away, by the action of the atmosphere and other agents. How long this would require of course no one could tell. Tho subject of his next lecture will be Earth? quakes, Volcanoes, &c. General Scott.?To an invitation to attend the Frankfort Barbecue, given to the Kentucky Whig members of Congress, General Scott re? turned the following answer :? Detroit, September 22d, 1842. Gentlemen : Yeur letter of tbe 7th instant, addressed to mo at Washington, has followed me to this distant region. With your invitation requesting my pre?eace at the entertainment about to be givm by the Whigs of Ohio to the Whigs of Kentucky, who, in 1840, so magnanimously postponed their first choice for the Presidency, I am highly honored: and if it were compatible with my position as a federal officer, I should certainly be in the midst of you on the interesting occasion. "With one candidate for the Presidency, and the best interests of the country at heart, it ought not to be doubted that the Whigs, appealing to the virtue and intelligence of the people, will bo as successful in 1844, as they were in 1340 ?Wheth? er that one candidate be, an all indications seemlo determine, Kentucky's illustrious son, or any one of hundreds of his followers, my prayers for a Whig triumph will be ardent and unceasing. I have the honor to remain, gentlemen, with high consideration, your friend and fellow citizen, WINFIKLD SCOTT, Messrs. J. H. Crane, S. Forrer, H. G. Phillip*, R. Green, D. A. Hsynes and Charles Anderson, Corresponding Committee. lEF" The Erie Canal beyond Rochester was closed, the Rochester papers saying that boats have entirely ceased running. East of that city, though much obstructed with ice, navigation is still continued. At Utica, however, the Commercial says, on Thursday mwre than 100 boats were laid up, and the probability is that the Canal is now closed. The Albany Journal says that great com? plaints are made against Mr. McClar?y, tho Canal Superintendent, for vexatious and unnecessary de? lays of boats at Fultonville, just at a time when expedition is of the utmost importance. On the Northern Canal, the Troy Whig says, navigation is effectually closed. About sixty boats are frown in near that city and some hundreds upon the whole Canal. The Oswego Herald of Tuesday says that the steamboats on Lake Ontario except two between that place and Ogdensburg, had stoppe i running. They had heard of no serious accident on that laks. The Montreal Transcript of Tuesday says that the Lachine canal was greatly impeded by ice. The same paper adds that at River-du-Loup, writing under date of Nov. 20th, says: " It is quite current here that a batteau, loaded with hay, Sec. for Mr. Hmigb, of Quebec, capsized, ia Lake* St. Peter, on Saturday, the 19tb isstant, during the heavy wind, and it is feared the bands on board perished." ITJ* The wooden Theatre of Messrs. Ludlow & Smith at Mobile was destroyed by fire a few days fince.