The New York herald. [volume], May 04, 1854, MORNING EDITION, Image 2

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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SIX DAYS LATER FROM CUBA.
Arrival of Ihr HlncU Warrior.
The attainably Black Warrior, J. D. Bullock, oommin
der, arrivedyesterday morning, wilh 101 passenger- and a
large amount of cotton on freight. The Black Marrou < t
Mobile on tlie cveulug of the 25th. a"1' "rriyed a Ha ana
On the evening of the 27th; after coaling, -he ?-?!'
P.M., on the 28th. , .
The Black Warrior woe treated with marke po >
on her outward a a well a* homeward trip, and the m
fest accepted without comment.
There waa nothing of interest tran.pirlng at Havana.
There were no American men of war in the place. The ?
health of the bland i? good, although many reports have
Bom circulated to the coutrury.
Ont HAVANA COBHK8POHPBNOB.
Havana, April 27,1854.
jta.lr a<l Trailing in Cuba?Apptarmnct of the Cnmtry
jcues on the People the cause of their Discontent?11a
t ery?Chinese Laborers?Desire for Annexation in the
Country parts of Cuba?Another Insult to the Am'rican
flag Another fine imposed <m the Black Warrior?Im
prisonment of a Creole for a Singular Offence?Bull
Baiting?Military preparations?Expected Attack on
Cuba, rfc.
Imme>liately after despatching my last letter, 1 took
the cars for Batabano, and from thence the coast steam
er for C'ienfuegoa, Trinidad, and St. Jago de Cuba?re
turning, stopped a few days at Matantas and Guinea, nnd
visited several large sugar, coffeo, and tobacco estates
that lie In their vicinities, and I arrived last evening
at Havana, just in time to prepare my letters for the
Black Warrior mail. It is impossible to give a descrip
tion in this communication of all that I have soon and
heard during the past two wi eks. 1 shall therefore con
tent myself with a few fa,As that mav not be uninterest
ing to the readers of the Hjwaid?particularly those who
are watching the events now transpiring between the
United States and Cuba.
Railroad travelling iu this island is slow work, com
lared with the go abeaditivoness of the Anglo-Saxon re.
public The traveller, however, reaps an advantage from
I?an opportunity to view the plantations and villages
Jo the route The average rate of speed is about fifteen
piles the hour, and instead of valleys, swamps, anl
Bursites, wo pass through a must beautiful, fertile, and
nearly level country. The tall, majestic, waving palm,
the cocoa nut. piucapple, orange, aud many other fruits
of spontaneous growth, meet the view in every
direction. The soil, rich and fertilo in the ex
treme, giving promise of abundance from the
slightest touch of the husbandman, however,
liee in an almost totally neglected state?not
more than one-tenth is under any sort of cultivation,
aud that of the most Imperfect kind. The rude wooden
plough or the limb of a irec is still used to break the soli,
which is naturally so rich that manure is nmer nee led.
The seed is sown und the crop reaped with the least pos
sible labor.
With these multiplicity of blessings, added to an eter
nal summer, without excessive heat or cold, the poor
have but little to fear; thoy can become rich if they de
aire, and there is no excuse for starvation, unless they
are too lazy to open the mouth and receive the food that
nature is ever ready to drop into it
Under such circumstances v hv are not the Cuh ins con
tented and happv t Why is not the other nine-tenths of
the soil cultivated? Ask tho Spanish tyrants, who com
pel the people to support an imported .standing army of
a-t 000 , r 50,000 men, that they rosy enforce a tax upon
agriculture and trade to till tho coders of Queen Isabel,
aud annually enrich hordes of her de|?endent Spanish
tools, wiio occupy tho entire government offices of lubn
I Americanize this island, or even Cubanize it?and,
ronsequcntly, take from it the leeches that suck away its
life blood?giv,-it liberty and education, and it will be
come the garden of the world, supplying sugar, coffee,
cotton, tobacco, corn and fruits in abundance, wilh but
little exertion.
True philanthropists should advocate this course, so
as to elevate mankind, and even fanatics, who wildly
rave a, must black slavery, If truly sincere, must give
their warmest support to a measure that will immediately
close the ports of this great and only market of the
African slave trade, that is more prosperous at the pre
sent moment under the encouragement of the govern
ment. than at any former period. And, if the abolition
ists have sympathies to spare for thers besides the
Cbonv colored race, there are plenty of white slaves here
that* nee d them Nor woul I they be bestowed amiss
upon the tawnv colored Chinaman, who has been be
guiled finui his* borne by false promises, and deceivel
Into his present degraded position by the Spanish gov
ernment, aided and encouraged by Great Britain. True,
they ate not called slaves, but their situation is even
worse, for they have no hope. In every department of
labor tb' y occupy a position side by side with the negro,
parts', in,- of the same food and general treatment, and
"heir term of servitude is fixed at eight and twelve years,
Jithout the least chance, under their present rulers, of
jeleu. e at the expiration of that period.
John Chinaman already fills a conspicuous place in
tuba You will see him in footman's livery at the
Juirches, kneeling by the side of his mlstrcs; lie is
krakeninn on tho rail ears?fireman on the steamliOAt;
fce cultivates ,-ugar, colter, and totmrso rsmes your
jugga - to the hotel, and. iu fact, occupies almost every
(situation, oven to repairing the stre-ts in the eli-.n
gang* <m one plantation I saw eighty, who appeared
contetit.-.l and happy under n kiud, intelligent m ister; in
others their situations were most pitiable. At the ?
?state two had Just committed suicide in lespvir; others
had hem cruelly beaten, nnd one killed, for daring to re
atst his inhuman master. To keep up the slavo tra'.e,
White an Ids. k. and this horrible sta'e cf affairs, Qu-en
Isatel needs all the ? al l ami comfort" that ami Ameri
can journals, and blinded fanatical abolitionists in the
United .States can give her.
During my jaunt in the country, I have been enabled
to a-certain more correctly the views and f.elings o? the
owners and cultivators of the soil in relation to American
annexation, and 1 am astonished at the universal dissa
tisfaction with their Spanish rnlers, and the willingness?
?agerne-s to be under the stars and stripes. I have ye.
to meet the first man who does not look to th? Americans
for deliverance, and prav for the arrival of the hour.
The publication of the rresident's message, and other do
cuments. in the Diarin, has loosened their tongues, and
well knowing the character of their m isters, they rightly
Judge that these official publications are one sided; nnd
from tbe cv i tent weakne.-s of tbe Justification, they are
satisfied thst serious troubles already exist, an ! theirs
only fear now is that American forbearance?exercised
for vean in the vain hope of purclta.-ing the island?
may cause this hist insult to be passed over with a simple
yelerrnee or an apology.
I sav this last insult "?it is hard to snv w hich n the
last when thev follow e..ch other In such rapid succes
sion. Immediately after the piratical seizure of the black
Warrior, an American vessel, the lainartine, while run
ning for and near Matantas. was firel at by a Spanish
man of war brig. Tb" shot was aimed directly for her,
and fell short onlv some thirty or forty yards. The I.a
martine clapped on all sail, and ran away from the go
vernment pirate. This case has been fiiMy reported to
tbe 8tfttc I'cpartmont, by tbe Consul at Ma-a 11/as.
Reccntlv the agents of the Black Warrior have
been compelled to pay, in addition to the six
thousand dollars, a further sum of ?>,GX) for
back fine*. W her. this vessel was xvut on the
line she memorialised tbe government for the same
privilege enjoyed by the Law line of *t. amors viz:
?To c-arrv two or three tons of fruit on .leek, without be
ine liable for tonnage duties This was granted, and af
ter making some three or four trips, a small coast pro
Heller also sent in a memorial, which brought out the
decision "that only th* mail steamers could be allowed
the privilege " A demand was now made upon the
Black Warrior for tonnage dutiee upon her entire cargo
for some live trips, amounting to over $5,000, about six
or eight tunes the value of the entire deck loads of fruit.
The agent at once jetitione-l the Queen for a remittance
of tbe duty, on the ground that the fre.ght was tuken by
permission of the lntendente.
The case has been pending for a year and a hair, and
bo answer returned. A few days ago. the full amount
was demanded and paid under a protest, and yesterday,
$1 400 of the sum was returned, with the sxcuse that
they had discovered an error in the account a? to the
amount.
The present auth 'ritii a compelled tli? payment of tbii
demand, to satisfy their spirit of revenge agiinit Mr
Tyng, lb? agent, who has Is-en grossly ins illod and
tbria'cne I by the "Commaii Innte" of tlie port, for Him
ply doing liis duty to his employer* Die kskiawMftd
error in the account clearly allows tlie loose ami carelevs
manner they transact business, and a perfect disregard
for th* right* of others.
Last .Saturday evening at a masquerade bill in XfaUn
?as. a young ( reel? of the highest respectability was ar
rested by the order of the Governor, for wearing a domino
Vrith one half of the fsce ied, the other white, and a blue
?tar on either lids This is a capital offence In the eyes
of the intelligent Governor. The young man's confine
ment, however, will he of short duration, as the English
steamer arrived the day before yesterday with a general
amnesty from tlie Quern for all political prisoners. Al
most every person thinks Isabel would have shewn great
iw lore for her subjects had she Issued the decree a little
pooner.
< Vaptaln General Teruela I* a strict orserver of the
ratholic religion. Purine lent his box at the opera was
waeant Tlie exercises of holy week were strictly attend
wd by himself, family and o!hr.lala; and with true .Spanish
liumility, piety and humanity, himself, ladles and suite,
together with "the elide and nobility of Cuba to the nuin
Jjer of 6,000 or #,000, attended tlie innocent am isement
of bull baiting on Sunday last Three or four bulls were
tortured to death, ami only two horses had their bowels
ripped out; consequently It was considered a tame affair;
una, with perfect disgust that bulls more ferocious wore
lint introduced, the Viceroy Cat tain General directed the
proprietor of the arena ?"o hand over the receipts to
?' Reeieficencia," a charitable depository for very little in
fanta " who never had any father or mother."*
The greatest activity prevails at the different for
ti ligations and garriso'n* I-sat night several corn ra
llies of caralry were sent acroes 'be bay to " Gas*
Blanco " and every morning th* soldier* are #a#rci**t
? t the Csrmpa de Mar*. Queen Isabel requiring ell her
faithful at home at the present moment the Captain
Central is compelled to supply himself, an! prepare to
?H-ct lila Yankee friends, by putting arms into the
hands of negroes. Two regiment* are already organised
End un lor drill. It is th* opinion of the beat Informed,
that if the tbiited States ?ends a respectable force there
'Will t>? no fighting?an ! It Is a foregone conclusion that
this force will | ositirely eom* within thirty days. Tlie
foreran ent are loo'-log for them ?the Creoles are pray
ng for them Th* old Spaniards convince I of th# rotten
Iters of the Itome government, an i tired of heavy taxa
tion, are ? I so readv ami wllliu. f r a cltaoge. satisfied
that tie., c m illion can ? h m ie wors-. With an
ulnio poaitip# certainty tuat .1 will reject tb > ile
Bimds ni Air. fierce, and will not cin-e u to ?*ll th#
1 -,d?vh' 1 nera! conclusion 1 Hum i>er fete is sealed
l a arc freely
(her
that the blow will be struck before the first of June. If
hp til. Invaders will receive a general welcome. The
Sj i.iiiili nrmy, it is believed, will also desert as soon as
there is a farce sufficient tip protect them; leaving only
:be (Ulcereof government to opiiose the march of repub
licanism.
If, however, by any unfortunate unforeseen event the
I'uilt d St it tes does nut maintain her position; if the Presi
dent and his counsellor* are false to their promises; If
Congrt sis so debased by fanatics, scheming politicians,
sad haters of the Union, that she will not vindicate
American honor and protect her citizens, then, lor the
sake <pf humanity, let the oppressed exiled Cuban, who
at first took refuge under the stars and stripes, and has
now learned to love liberty?let hitu strike a blow for his
d( wn trodden brother and the home of his fathers. l>o
not shackle him, do not impede hi* progress; but give
bim your eat nest Gut 'a speed, and goo I right anus, uu>l
the world will quickly rejppico that another star has been
added to the brniami nt of liberty.
YOUNG AMERICA.
Havana, April 27, 1851.
Landing <ff More Apprentices?Slavery in Cuba?Organi
talicn of Two Regiment! of Blades?The Amnesty of
Political Offenders, <tc.
We have the landing of three more cargoes of i'ezuela's
apprentice*?not at Havana, in conformity with vice re
gal instruction?hut one cargo in the vicinity of the Kio
Zarva, from a bark showing Portuguese colors, with 750
Africans, under contract for fifty years, after which
freedom on the most enlarged scale, as contemplated in
the munificence of Hpanish pblluuthropy; and from two
small vessel* in the vicinity of Sierra Morena ami San
Juan do b>s Remedies, 400 more under like merciful dis
pensation for labor until they may chance to die. Those
negroes, had they been discovered in the offing of any
part of the roust, would Uavo been proven voluntary
emigrant* by the permits of the Captain General, and
the putl-age* of contracts that were fabricated in Ha
vana before the vessels left for the coast. It is probable
thpt his Vice Serene Highness may be defrauded In
these three instances of his lawful Zees; but Spaniards,
who know the way of these things, advise me that suclt
is not the fact; that the agents or the Captain-General,
railed "alcaldes of the sea," receive their commission
for protection of these personal interests of the realm,
and that the proper parties and agents at Havana are
duly notified to pay over the amount required to th? se
cret service clerk, who is well known among the flosh
dealers, and has the entrie of the best society?that is,
the palace, where he is permitted to play and feed with
Wc licar uo more of British oruisors on the lookout,
cr Spanish, as for that matter?the former having some
thinir. 1st- to attend to just now, and if they were here it
^oufd be of n? advantage to the negro. as hU fate is fixed
beyond hoi>e?beyond the reach of British power to re
trieve 11 the negro is captured he becomes an appreii
Ucc annually sold, for the benefit of the Queen and the
eunreme authority of Cuba, with a compulsory interest
of the master to make the most out of him to co\er tho
amount h2 Is compelled to pay to the roval treasury
under the pretence that it is the salary to insure to the
advantage of tlie laborer. As I have said before, it creates
a fuml that roy al t y wiU be compelled to feed upon or
staive The negro Will never have a cent s worth of in
tem-t in it. lie will never lie free to claim It. The grave
will secure the freedom of the apprentice, as in the case
of ??Item- against whom no one dared to show a claim
for service, and vet justice, with yellow jaundiced phiz
or toirl11 ordered proof of identity. The owner8 will tind
tnestrongest-sense or justice" even in these "/corrupt"
hi.- latitudes. If the African escapes capturo there is a
chance of freedom for him in tliekindnessoftlieinaster
counselled by his whole iutrrost, to take good care of tits
subject to see that lie is well fed, lodged and clothed.
There Is length of days, a constitution unbroken. and
the political casualties of the times in hH^orbeSHles
the result of his own private labor, by wh.ch many ac
complish their freedom here. A remarkable case of re
cent occurrence of four African negroes that left
the first of this month for their African homos n fine
health, In the prime of lite, having accomp lshed tluir
freedom by the hours of labor usually allowed on ??ta ?'
They left in the British steamer of the 8th of April, i
arrived on the 24th inat. with tho mad* and fortvfne
paasencora. By this arrival wc have been.thrown into a
lubbub of confusion in the i.ahice, as If a shell *?
tually exploded in the sanctum sanctorum of the kitchen
S and we have not vet got our ideas fiuite
combed out of the snarles. fiut when our thoughts
finally rested upon the dark shadow*i of the land, wc
took heart and consolation in revising the " negro codsi
for military organisation of the free black population o
Havana and its vicinity. Two regiments ot ncgroes. of
two thousand each, are to constitute two new polished
links of our affections to the throne, being fabricated hy
the master workman or the age, the Captain-General and
Governor of Cuba?the Marquis de la l ozuela. The order
for enrollment is even now being effected, and they are
to l.e put immediately on drill, and receive their arm at
the earliest practicable moment, to vindicate Spanish
honor, to protect white Spanish subjects, and to hold
Cuba fast in the love embrace of our most virtuous an 1
gracious Queen-God bless her 1 for she needs iUlm?
as much as I do. Two thousand are first to be finished
olf. officered from the regular army, by proniotion from
the rank held in the corps from which selections may be
made as inducement to endure th<> grateful fragrance ot
royalty that will bo emitted from this nail of ever
futhiul fowl for powder. The second lot, alrtauj m
progri ss of registry, will bo put upon the same footing
with the rest of her Catholic Majesty's church protcctmg
liverv, and tho field, staff and line, filled w th noble i Ca?
ti 11 iun "unmixed'' stock, with additional decor.ttloni
and cros-os far display anv ng their slightly deeper dyed
companions in the ni??-.-l> of honor. How proud ' '
'?race'' should feel, with its long African tall In the
rear?"t.od -arc the IJuoen !'' and the common weal I h ot
?Cuba. 1 am informed that the energetic and acute in
tellieen- e of the Marquis proposes to go on with his re
lieving shadows of the race, until l.e shall have. under
aims seme twelve thousand free negroes, to do which, he
wi'l t-c romps lied to -Iruw upon some of his favorite
sinanorcdo'. ot yearling apprentices, to fill up Ms ranks.
The diameter of ti e last, being free from Spanish con
tamination and Spanish cut throat propensities, would
he much in advance of those now being picked up, who
have constituted for years past the thieves and murderer
of iht citv. and tbe hlnliwnvTnPn of the country.
Tie reception plven by the British and French
the late message of President Pi-rce, upon Spanish out
rage*. was rather unexpected in the upper circle"i of offi
cial life in Havana, but it is presume 1 that public iopl
i.i,.n will be reformed as soon as the able digest of tho
Maruui'iscowipretiended In Europe, for which purpose
large sacks of the article have been sent forward^
The amnesty published yesterday would hate told
somewhat better for the clemency of the J
not 1? en forced out by rather untoward appearances, lr
Hie i reoles return to Cuba under it, as they sh""1:' f ?
for the Captain-General has not the least objection in the
world th' V roi .'ht hare a chance, as a reward for confi
d. nee in Spanish faith, to he enrolled along with th* ne
gro tiodv guards of his Excellency and the BUh?p_ There
never was a time of such intense excitement in this com
munity. The doctrines of niggerdom have thrown a
cloud over the Cuban beart that will not
navAXA, April 28, 1851.
ArrtW of the /Ilack Warrior?Anxiety Manifestedfar the
Return of the Spanith Mettmger?Political Condition
of the Uland?Pa rdon to Political Offender/, <#c.
The Black Warrior, Capt. Bullock, arrived this ntorn
lug. and leaves at 5 o'clock. She brings little news rela
tive to American and Cuban affairs.
Tho greatest anxiety and impatience are manifested for
the return of the Madrid messenger, and the final de
cision or our government. No one here doubts for a mo
m< nt the answer that Spanish insolence, pride, and folly
will give; but many fears are entertained, judging from
the past, that President Tierce will yet find some sma'l
hole to lack out of. Few believe that lie has pluck to
act as big ss he talks, but that notwithstanding the Ui
rect Insult to himself, and the outrage upon the nation,
he will permit the case to be delayed, trusting in the abil
ities of Mr. Soule to accomplish the purchase of the
island.
Tliis is a vain hope; but as the desire to purchase ex
presses a de-ire for the acquisition, why " mince mat
tars-f Our cause Is just; Spain has forfeited ?U claim
to the soil by s-etting at defiance International laws, and
she has provoked the United States to the necessity of
selling it as the only mean- left to sustain her honor, pre
vent future difficulties, and punish a false, treacherous
nation. .
Notwithstanding the tears dally expressed for the n
tegrity of the executive, the utmost confidence is felt
that the work will be done, and done quickly. All are
sure If the President does not face the music, that the
representatives of tlie people, in Congress assembled, will
iUin" the responsibility'to dire. 1 the Chief Magistrate
to kee p bis promises and carry out the principles of the
great American democratic party that placed him in b s
rrcs, nt elevated office One general feeling pervadlee ad
Abuses and the pm-pect of its speedy fulfilment gives
classes, ana i P 1i a h t)iat ,hc hour for a
tlirm coursg in, arrived, and that Cuba will at once
ti-'l"beraGd fronf her Span i <h tyrants Many of the na
HPS' .W.X\
out end's nth-ring ?P ,hrir Iff*""??
Cuben Creoles are positive of the J*??lt, an
already Win to rejoice that they are ?i"n In
occupy a re.pectable place arnongthsnatlon.
of the world. Americans tread the soil
a firmer step teljlng for protection on the American j >
pie, sustained by a just cause, and actuated by true
national principles. Even the willing tools of Q'' "
fsat-el feel that the honr of trifling is passed?that their
doom 1* sealed?convinced of the rottenness of the
mother government and hi r inability to sustain them In
their sets of piracy, they are preparing for the best de
fence they can make, by placing arms in thl hands of
the negroes.
All political 'fenders are invited to return to the
Island snd receive pardon f r pat offon-ee. ?'???. I
loie will be lured Into the trap. A wise bead will keep
his hand out of tho lion's mouth. Judging from the
general opinion, many of tb'Se exiles will return, and
st eo.i.lv t v a oil an ed wi'h T-rter's rift
The sentiments expressed on the Ibmr ,.f Congress by
ev.T mutual friend, the poet of LyMadale, meets with
wrest fav?r here "First capture the island, and then
? emend sat .faction.'' Is the true and only eour?" to
pursue a'.th these people, who are lost to all sense of
1 on> r or l.oneetv . and tl c only talufsrti'.n now I ft I t
reputed wrongs and outrages, end for security for the
future, is to send a sufficient force to lake mis?essl.m of
the i-laud, until 8| iin Is ,-onvlncel that the I '[I]1'*
does exist, and wiU protect her citUens^ In hasts.
VoujS, truly,
, per cent on former rates
i of Rochester are on a
of wages, d:tuau ling ?tt inefvate o
Prom New Mexico.
DETAILS OK TUK NEWfl?INDIAN FIGHTS.
We la\e Santa I'e papers to the 25th of March, but
wo find inlhc St. Louis Republican letter! to the Slet,
one ol which (live* the following account of the battle
with the A] acliee :?
On the night of the 26th of March, Lieut. Davidson left
Cuutonin nt Hurgwin, in command of fifty-seven men, in
pursuit of the Apaches, who wore supposed to he about
one hundred strong Next morning, about 7 o'clock, he
came upon the Indians, posted uion a mouutain, anil far
exceeding in numbers w hat had been represented. They
numbered at leant two hundred. There was bit one al
ternative. as they raised the war wlioop upon the ap
proach of the command, and the attack upon them com
menced at once.'
After a fight of three hours, during which Lieut. D.v
v Ideou lost twenty-two men killed and twenty one wound
ed, tw u thirds of the command being killed and wounded,
he was forced to retire, fighting his way over two miles,
and * ith the disadvantage of having the wounded to car
ry with liim. Lieut. Davidson received an arrow wound,
not very severe, in a hand to hand conllict. burgeon
Magrudei was also wounded, slightly.
The \ ietory was a dearly bought one to the Indians, as
about fifty of them were killed, and nothing but their
vast superiority in numbers gave them the triumph.
Everything was sale at Cantonment Burgwin, there be
ing fifty odd men there. It was expected that the whole
of tbelirneral's disposable force would be sent out against
the enemy.
Another letter, dated the31st, says: "They commenced
firing mion us, every shot taking eifoct either upon the
horses or men 1: was a sad sight to see so many men
falling dead by my side. We were in so bad a place that
the Indiuns had great advantage of us, and when we re
tired thev were on all sides of us; had we stopped three
minutes longer, not n man would liavo been saved. The
wounded are now in the hospital. A Mexican whom I
met iu Tnos to day. told me that he was at the place of
action yesterday afternoon, and counted Bixty dead In
dian bodies.
"Major Blake nnd Thompson, with a few troops and a
large number of Mexicans, started last night to bring in
the dead bodies, and to attack the Indians, if they could
be found."
Tlie Santa Fe Oatftte gives the following particulars of
another tattle :?
On tbe "(1 of Mareb, Lieut. Col. Coolie, comman ling at
Fort Union, sent out Lieut. Bell, with his company of
dragoons in pursuit of a party of Apaches, who had com
mitted recent depredations near thut post. There were,
originully, in all tliiitv three men, besides Capt. Sykes
and Meut. Maxwell, wlio went along as amateurs; but the
first or second ilsv out one man accidentally shot him
self. aid three others were detached to carry him back
to the Fort. Tliia left twenty nine, six of whom were
left with the pack nnimuls, and were not in the fight.
They struck the Indian trnil Sunday morning about ten
o'clock, thirty-fire or forty miles 1 elow the crossing of
ti c Eea River, and which they followed a short distance,
when they discovered two mounted Indians, who tied on
their approach. Soon after thoy saw a look out on a hill;
him they pursued and captured. While conversing witli
the prisoner, they saw twenty or thirty warriors, painte 1
and ready for fight, coming up at full gallop. Lieut.
Bell, at the head of his mi n, advanced to meet them, and
held a parley. He told them his object was peaceable,
and as an evidence of it, gave up the man ho had cap
tured, but said they must surrender three of their horses
fur the three cattle they had re:ently killed, and also
their chief Lobo.
This they refused to do, denying ell knowledge of tho
matter; whereupon Iiell ordered his men to take three of
their best lueses, which ho pointed out, and Lobo, the
chief. This made tho Indians furious, and they sh oved
every di monstrntion for a light, I,oho in the meantime
m.iking hie escape, and again placed himself at their lo ad.
Lieut. Bell now determined to attack them, which when
garceived by the Indians, they dismounted, turned their
orses loese, and prepared io resist. They were drawn
up opposite each other, aud about thirty paces apart?
the troops in a line, and the Indians in a semicircle. Bell
charged through them, the men using Colt's pistols in
stead of the snhre, the Indians falling lint on the ground
or dodging behind their horses. The dragoons wheeled
and charged them again,; then they broke ani ran into a
deep ravine near by, inaccessible to horsemen, and thus
made their escape. Two soldiers were killed, and four
badly wounded: of tho Indians five were killed, including
their chief Lobo. and many are supposed to have Jie-'u
wounded, as much blood was seen upon the rocks, and
several were helped away by their comrades. Among
the spoils that fell into the hands of the Americans were
the horse, bows, arrows, lance, fcc., of the chief. Lieut.
Bell, the Fame evening, marched for the crossing of the
Bed river with his wounded, as he was not strong enough
to pursue the Indians; and the night after the attack a
band of forty A; aches made a descent on the herd of
government rattle belonging to Fort Union.and ran off two
iiundrcd head. Lieut. Bell has already been ordered to
go in pursuit, and also to meet the mail and sec it
safe in.
We have not heard of any thing, for a long time, that
gave us so much satifaetion as the 'defeat of these In
dlans, and the death of the scoundrel I-obo. This small
hand of Apaches, have caused more trouble, for the last
three or four years, than all the other Indians in the
Territory. They do not number more than one hundred
men. nil told, and are a band of outlaws?freebooters of
the plains. They are not only at war with the Americans
and Mexicans, but with all tho neighboring tribes, ex
cept a few Kutnhs who join them in their robbing excur
sions. it was these rascals who captured White's party,
and they have been guilty of all the depredations com
milted in that part Of the Territory for a long time.
Too much praise cannot be given to Lieut. Bell and
the brave men under his command, for the gallant man
i er in which they conducted themselves; and if we had
the matter In our own hands, lie would be Opt. Bell to
mom w. lie has given the first defeat to this daring
l.and of outlaws tl.uy have received, ?nd we hope he will
roll-w it up, until lie entirely wlpo.s them out. or whips
them Into submission. We understand lie killed an In
dian with bis own hand; and that Capt. Fykes and Lieut.
Maxwell brhaved with gnat bravery and each brought
dow n liis man. A soldier cleft asunder the head of an
Indian, with his sabre, from his crown to bis chin, anl
was nfierwnidj lancedand killed bv another In lian. The
I.eld was well contested, and nothing but the courage of
I iout. Bell and parly gave him tho victory.' ?
We cannot conclude this article without paying
a well merited compliment to General Garland and
Lieutenant Colonel Cooke. Since the former has
been in command in this military department,
his course has been marked by great activity in
suppressing Indian depredations and punishing the
offenders. He has shown a desire to assist the civil
authorities in every possible way, which is quite in con
trast with the conduct of some previous commanders.
Lieut. Col. Cooke has also exhibited a commendable real
in enrrying out tho orders of Gen. Garland, and is en
titled to mueh credit for the promptness with which he
has acted in the last difficulties with the Apaches.
We copy the following from the Santa Fe Giztits:?
The expedition in search of tlm Clnti Indians who stole
the animals from near Taos, about three weeks ago, re
turned. after an absence of eleven days. onSaturday, the
lltli March. They followed them about a hundred and
forty miles, but failed to overtake them Tliey travelled
up the valley of the Del Norte until they struck the In
dian trail, about ten miles above the month of the Trin
eharee, thence through the Sand Hill Pass < n to the head
of the lleurfenn, down the same ten miles, and turned up
the North foik into tlie valley of the Wet Mountains.
They returned by the head of the Sangre de CrUto Pass
and Fort Massachusetts. They saw many indications of
Indian , sn l at one place counted more than a hundred
lodge marks. They followed the trail until it joined the
main village, which is now encamped further to the
north, in the valley of tho Valie Salado, and numbers, as
is supposed,near three hundred warriors. The detachment
Crossed the trail of Col Fremont in tiis recent survey for
a railn ad. and found large quantities of snow, sufficient
to render the route impracticable.
His l.xceUency I'avid Meriwether, Governor of New
Mexico, accompanied hr his son, Mr. Raymond lleri
w ether, and Mrs Louis Smith, left this city on Monday,
March 90, for the Culled States, Gov.-rnor Meriwether
w ill he absent some fouror five months, and, in the mean
time w ill visit Washington, in order to bring before the
administiation many matters of importance to this Ter- '
ritory. We consider his visit, at this lime, to the fede
ral capital as highly important, and believe it will result ,
in much good to New Mexico.
We have been informed, by good authority, that Mr. |
Fit7i>atriek, the Indian Agent, lias given pe'rmis-don to
the Indians of tho plains to take the animals of the Mexi
can buffalo hunters they meet with. They have already
taken some eighty head, and sold them to a trading
house near Bent's Fort. If this should lie true we hope
the government will take notice of it in the manner it
demands.
We learned while in the Rio Arriba, last week, that 1
three or four men had been killed in the Indian Pueblo
of Nam!*. for the crime of witchcraft The Catholic '
p.iest at A'atinda states that a deputation of lndiins I
wailed upon him with written charges against four of !
tin ir number, then in confinement, accused of having
etteu up the little children of the village. He ordered
them to be lil-erat, d, as there was no cause to keep them
confined. l?ne of the deputation appearod satisfied, and
eaid he would not hare anything more to .In with the
matter, hut the others objected, and seemed bent on
laving them executed. Two or three days afterwards
the priest Inquired of some one from the' Pueblo what
hnd Ncome of the prisoners, and w in told they had nil
been put to death We presume this mitter will boju
diclaiiy inquired into nt the coming term of the Fanta
Fe C< v! rt.
Wi received news from Taos, two or three davs ago.
that the Utah Indians had been committing recent de
predations in that -ectlon of the Territory. < >n the 2Ath
ult , a i<sr'y of them made a descent upon the settle
ment oft i-lebra. and stole about thirty horses Informa
tion was immediately given to Major Blake, commanding
Cantonment Bnrgwin. at Taos, who started a company of
diagoons in pursuit, in the morning of the 28th ult.
They were sect nipanied by Kit Carson, the Indian Agent,
and about twentv clli/en* as volunteers.
We understand' that the Apache Indians in the south
ern part of the Territory, have recently commenced de
pr. lotions, and run otf the stock of the'fsrmers in their
vicinity. We will turn them over to the hospitality of
Gen. Gailan i.
Ms or Fry, Paymaster United States army, left Santa
Dilay, r
Fe on Monday, l'eb 27, for Kl l'aso. to pay oif the troops
stationed in that quarter of the Territory
The richness of our gold mines is becoming more appa
rent every day, and new discoveries are made. A few
weeks ago Messrs. Fpencer and Sherman discovered a
new mine, or. inorc properly, re opened sn oil one that
bad Is en abandoned for many years. The ore has been
tested, and Id Is fair to yield sell. Major Cunningham
has been making new experiment* nt hi< mine, aren
jsrt ) and the yield mere then conies up to tho expecta
tion lie took ti e ore from many plie s, an 1 after
p. ending It up and washing found gold in eaea He also
'cattd tl e sui face earth at dilTirent points on the moun
tain in which the mine is located, and in -ach instance,
v jam * a-hii ir, found gel 1 We saw at the counting room
of the II' n Win 3 Mes-ervy. on Saturday ev. ning Inst,
twenty-four ounces and seven pnnnrwi igkta of gull,
brought in from the diggings nt the i'i icer mountains
it we* nearly pure, and worth four hundred and thirty
eight il'11ms or.il seventy five eerts. it was purcliase 1
bv I .V Weriwe'her. who takes it to the States as a asm
tie of the produce of t'-e gold mines of New Mexico,
itl.tro are all the gol I hunters of the United Stated*
I et il i nv cetne out hi re If 1h<y wont to make their tor
SpringficM. Meee. thi ugh ita Treasurer, has adver
t'-cd to 1,-an f.A.ffOO, then being at present no require
j tut nt for it by the corporation of thai new city.
TRIAL OF CLARA HAYES
FOR THE
MURDER OF DOCTOR LUTENER.
TESTIMONY FOR THE PROSECUTION CONTINUED.
Court of Oyer and Terminer.
SECOND DAT.
Before Hon. Judge Boosevelt.
May3 ?The court met this morning at 10 A. M. The
prisoner entered court soon after tun o'clock. She had
been quite ill during the previous night, an l a carriage
win- again use.l to convey her from the Tombs.
Mrs. llayas, who has been for some time past seriously
indisposed, became very much exhausted this morning,
and was obliged to be removed from the seat near her
counsel to on open window, where she was supported by
her ft male attendant. Here, too, she sank beneath the
weight of her unfortunate position, and was so debilitated
that the officers of the court provided her with a sofa and
pillows, on which she reclined throughout the day.
George Hagan sworn.
Q. In the month of January last, where was your place
of business? A. At 133Grand street, between Crosby
and Broadway.
Q. 1)1(1 you know Dr. I.utener? A. I did.
Q Bo you remember the day of bis death! A. I do;
saw him in my place of business; it was between ten an J
half past ten o'clock.
Q. How do you fix that time dffforont from what yon
did at your former examination? A. A person I wished
' to see 1 knew I could not find before nine, I waited till af
ter nine and remained there some tlmo and went to sev
eral other places before 1 returned to my plitoe of bush
i ness; when 1 got there the I)r. was crossing by my shop;
1 called him in; he wis coming from the Bowery towards
Broadway; he had in his hand some kind of a leather
bag; it was black; lie signed a paper for me in my shop,
j To the Court?There was a clock within a few feet of
me, but I did not look at it, or if I did I don't recollect;
UH Boot HI signed the petition; 1 went to several indi
j viduals to sign it; one was Mr. Anderson, No. 9l> Bowery;
I saw him before I returned: the petition was to commute
i the sentence of James L. lioare; called on somebody else,
I can't recollect who; 1 considered It a case of humanity.
(j. What Is your business? A. A carpenter.
' Q. In what direction did Lutener go alter he signe l the
petition? A. 1 think he went towards his offico in Broad
way ; he left his bag behind him; 1 called him back again.
I <J. From whom did you hear of his death? A. In El
I derd's office, at the same time that K1 lerd heard of it; it
i was ten or iifteen minutes after lie left with the bag; my
| shop and Ehlerd'saud Lutener's are all on the same lot;
! the entrance to l)r. I.utener's is on the Broadway side,
j not the Grand street side.
Q. Have you any other reason than that you have
! stated for fixing the time different from what you did on
the Coroner's jury ? A. I have had more time to reflect.
At this stage of the proceedings the counsel for the
defence usked permission to have a couch provided for
Mrs. llsys, who was so ill ns not to be able to sit up.
The District Attorney said he would suggest, in view of
the condition in whicli the prisoner was pi iced, and con
sidering her evident illness, it would be better to adjourn
the case altogether until she had time to recuperate.
He did not w ish to proceed with the case in the present
situation of the prisoner.
The Court said it depended upon the prisoner's coun
sel to say whether or not they should adjourn.
Mr. Whiting said they were anxious to proceod with
the ease.
Examination proceeded with:?
tj. ]>id you over think or say anything different with
regard to the time you saw Br. Lutener? A. Yes.
(j. Wlierodid you so state? A. I can't recollect where,
unless it was here on this stand; it might have been in
conversation; did not so state liefore the Coroner's jury;
my mind was confused at the time.
Q. Will you cow say positively that the time you saw
Br. I.utcnlr on that morning was after ten o'clock or be
fore?
Counsel for defence objected to the question, ns lead
ing, and because it assumed that" the witness will swear
falsely.
The question was finally allowed to be put.
Witness?It was after ten o'clock.
The examination of witness before the Coroner's jury
was here shown to him.
Q. Is that your signature ? A. It is.
The District Attorney said he proposed to show that be
fore the Coroner's inquest the witness stated the tacts in
a different way from what he had stated hereupon the
stand. He w ould cite 1st Grecnleaf on Evidence, page
665:?
" Whether it he competent for a party to prove that a
witness whom lie ban called, and whose testimouy is un
favorable to his cause, bad preyiousiy stated the facts in
a different manner, is a question upon which there exists
some diversity of opinion," 4c.
The counsel for defence objected to the introduction of
such evidence. No party could impeach his own witness
before the conelutivn of his evidence. If a party puts a
witness upon the stand, and the witness's testimony is
different from what he expected it to be, he has a right
to call i,nether witness to prove errors in fact.
After a lengthy discussion the cross-examination of
witness was proceeded with.
Cross examined?Q. (id you see the doctor after his
death y A. No; when I heard of his death I was in Mr.
Elderd's office; I think 1 might have gone to some other
place after the Doc tor signed the petition, but cannot tell;
I am satisfied I went to hlderd's office after twelve; dine
between eleven and twelve.
Q Win- you examined before tnc Grand Jury ? A. No;
f got otf that.
James I. Content sworn?Was conductor on the Har
lem railroad in January last; knew I>r. Lutener; ] was
conductor 011 the train from White Mains due at eight
o'clock ; was four or live minutes behind time when 1 ar
rived there; arrived at the depot at the Park that morn
ing some minutes past nine; there were six cars attached
to that train; left my engine and took horse power at
Twenty-seventh street; 1 came in the first car; when I
speak of the arrival at the l'ark 1 refer to the first car;
the regular stops between Twenty-ninth street and the
l'mk were Twenty seventh. Sixteenth, Eighth, Houston,
llroome. snd corner of Canal and Centre atre'-ts; stopped
ntthrinall; saw Dr. Lutener Hist morning at Harlem;
saw him in the street passing alongside of the train; the
train was In motion towards New York; it was just com
ing to a atop.
Q. I'id you know Mrs. Hayea? A. I did not.
Q. What is the average time of the cars from Canal
street to depot at .the l'ark? (Objected to, and the |
question modified.)
Q. State as near as you can how mnch time you con
sumed on that morning in going from Canal street to the
Park. A. Frqm nine to fourteen minutes.
Q Have you any distinct recollection of the time you
left Harlem that morning? A. I remember I was "be
hind time; the time for starting was eight o'clock. I
think, there have been alterations in the table since
that: was not behind the time ten minutes: 1 think my
regular time of leaving Harlem was five minutes past
eight; was there about a minute and a half; my present
impression is that I left about ten minutes past eight.
Q. You say that you saw I)r. I.uteuer standing on the
platform on the road? A. That is the last time I ever
saw him, I did not see him get in; my locomotive disen
gsgca at Fortr-seoond street; can't recollect the time;
can't recollect the time we arrived at Broome street;
don't remember whether or not there were any obstruc
tions on the mad; all the cars make the stops: there were
six of them; between Twenty-seventh street and Canal
street don't knew of any change of passengers: I was In
theOrrtenr.
To Mr. Blunt?The train of six cars is what wc usually
huTe; the six cars were pretty well filled that morning.
Azoba C. Hiipman, aworn?iy. in the month of January
last, where did you live? A. 1 was sewing in different fa
milies; my residence was at;.- ilivington street.
Q. lHd you know l)r. Lutener? A. Yes? 1 knew him for
three years, first became acquainted with him as a patient
for my hearing; lived in his family before his death, when
they lived at 4e? Broadway.
Q. How long? A. About s year.
Q. When did you quit living in his family, prior to his
death? A. I think a year before his death, but was al
lowed to cotno there as a sort of home for me.
Q. Do you know whero his office, was ? A. Corner of
Broadway and Grand street.
Q. Who took rare of his rooms? A. I did.
y. liow long ? A. About two years previous to his
death.
y. On the night before his death did you find anything
on bis table ? A. Yes; a note from him directed to me.
Q. Is that the note? (Note exhibited to witness.)
Counsel for defence objected to placing note in wit
ness's hand. Examination continued.
y Where was that note ? A. It was lying on the desk;
the desk was open and the note was open.
y. A'-out what time was it? A. Between eight and
ii nc o'clock in th* evening; should think it was a little
after eight.
The District Attorney again proposed to ask witness
to identify the paper.
1! e Court decided that witness might identify it with
out reading if, if she could.
y. Without rending it, look at that paper and say
wl.ether that is the paper yon found lying on the desk?
A. This Is the paper, but it is not in the same state: it
has been folded since.
y What did you do with tho paper that evening? A.
I put it in mv pocket: I finally gave it to tho Deputy
Conner whom I saw and bad conversation with the next
mornir.g.
The District Attorney said he should now oiler this
paper in evidence
The paper waa here handed np to the Judge at ids re
quest.
The Court?I suppose the District Attorney's object is
to prove that t' e deceased party made certain statements
the night before?not that they were true, but that he
made them.
y. Miss bhipman. when did you first see Mrs. Hayes?
A. About three or four months before the Doctor's
death; it was in the Doctor's office; Mrs. Lutener and
another lady came with liar.
y. When did you first see Mr. nayce? A. About the
same time.but it was a week previous to seeing Mrs. I lay os
with Mrs. I.utener on that day.
y. I'M you Dear of any difficulty between Mr. and Mrs.
Hayes? A. I did.
y About how long was that before the Doctor's death?
A. lour or five weeks: it might have been less
y. Did you ut any time see Mrs Hayes at the Doctor's
office after TOU heard of it ? A. 1 did.
y How long was tlut after yon heard of the dispute ?
A A dav or two only.
y Did any one come with her to the office at that time*
A Tho first time 1 saw her she was In the office when I
Can e in.
Q. Was any one else there ? A. Dr. Lutener wa? there
y. Was anything said at that time ? A Don't recollect
of any conversation passing between Lutener and Mrs
Haves direct!) ; the conversation waa between the three,
directed more to nte.
y. btate what was said at that time.
A The 1 octor said there had been a difficulty be'wcen
Mr. an-1 Mrs Hayes: the Doctor. soil Mrs Bayes will toR
yui; Mi' Hayoa ?atd "Ye.; Mr Hayew has treated me
ihenu fully;'' sl e said ;he thought It best net to stay
with him any longer. ?he did nut know whether to leave
him t r not that day there was not much else .aid
y When did you sre Mr?. Hayes after thai ? A The
nest-'ay hut one; it*a? at the Dtjeler'a office; p w,is
uesilv no. at. as 1 recoilec ; it waa net her late 11 early
y who das there at that tuutf A. Ihe jJjjto. w is
thett ? partthe time.
Q. Did anything occur that morning ? A. Nothing ex
cept conversation, she read letters to tlie Doctor; I oould
not ln-ar tlx ni distinctly; they were written in hrenoh or
German, end I could understand neither; Mrs. Hays
stayed that day and that night; that was Sunday,
(j. Who remained with her that night? A. I did.
Q. Any one else? A. No.
y About what time did Dr. Lutener come to the office
on the next day? A. Very early in the morning.
Q. Who was there when the hoc tor came? A. Mrs. Ilayea
and myself; the Doctor and Mrs. llayes were together,
and I heard what the Doctor sai I; when the Doctor rang
the bell I was afraid to go to the door so early In the
mot ning, and the lloctor burst the door in; Mrs. Hayes
was in tbe reception room; that is the Inner room.
y. W hat was said by the Doctor at that time? A. Ho
said "It is not safe to remain one moment here; I saw
Mr. Hayes at the depot, and he threatens to kill you if
he finds you; Mr. Hay en eauie to the house the day lio
fore, ami wanted lo know where you were: Mrs. Luto
ner told him .she did not know where blie was; she
thought she had gone to the city."
Q. W bat farther w as said at that time ? A. I have told
you what was said; they put on their hats to go to the
police office, but before starting the Doctor told Mrs.
llayes that she had better state that she was not Hayes'
wife, and she did so; 1 went with her and the Doctor
went with her; we went to the Jefferson Market Police
Court.
Q. Who did you see there ? Question objected to.
Q. What wiia said there by Mm. llayes, and who was it
said to? A. We all went to the bar and made the com
plaint in the usual form.
Q. What words did sho use ? A. She said she was
afraiii of her life being taken by Mr. Hayes.
Q. To wh( m did she say this ? A. To one of the presid
ing judges, but I am unable to say which.
y. Where did you next go to? A. We returned to the
office.
Q. Who returned to the office? A. The Doctor, Mrs.
Hayes and myself; saw Mr. limyes again that afternoon at
the door of the office.
Q. Where wus Mrs. Hayes at that time ? A. She was
in the consulting room, that opened out of the reception
room.
Q. Without stating what Mr. Hayes said at that time,
did he Bucceed in coming into the office ? [Objected to.J
A. He came through the hall as far as the reception room
door; the lkictor came out, and Mr. Hayes seeing him,
ran down strirs and made his escape.
Q. What time did Mrs. Hayes leave that office that day ?
A. Towards dark.
Q. Who was with her? A. Another lady?a Miss Ben
amin.
y Where was the Doctor at the time you and Mrs.
Haves left the office that day? A. He had preceded us
but a few minutes, and left the office; there was no one
with him that I am aware of; we turned into Grand street
from the corner of Broadway; we were going to Broome
street to take the ears.
Q. Did you meet any one? and if so, whom? A. We
saw Mr. lluycs following, coming down tho stairs, and
Mrs. Hayes said, " There, there he is;" I mean coming
down the public stairs; we turned into Grand street, and
Mr Hayes said, "Clarn, Clara, I want to speak to you;"
Mrs. Hayes said, "No, no, no, I don't want to have any
thing to do with you;" she was then between Miss Bon.ia
m'n and me. having an arm of eacli; we went on as far
as the corner of Grand and Marion (a continuation of
Elm street); the Doctor was standing at the corner of
Grand street and Broadway, and he followed also; Hayes
was following at tho same time; we were on the right
hand going over to the Bowery (the south side); when
we came out we saw him standing; when we got to the
corner of Grand and Marion streets, (Mr. llayes had been
talking all the way, what he said 1 don't know,) we
turned to take a stage, and I turned to sec where the
Doctor and Mr. Hayes were; Mr. Hayes was just a few
steps behind, with a pistol in liis hand, and the Doctor be
hind Mr. Hayes, holding him by each shoulder.
y. What "was heard, if anything? A. Not anything
that I distinc tly understood.
Q. What kind of a pistol was this that he held in his
hand? A. It was a very small one; Mrs. Hayes and my
self took a stage nnd went up to the Police Court agaiu;
Miss Benjamin loft us at the corner of Broadway and
Grnnd street; from the Police Court we went back to the
Doctor's office.
y. When you got to the office, who, if any one, did you
find in the Doctor's office? A. (with emphasis). There
was no one there.
Q. How did you get Into the office? A. With a key I
had in my possession; a latch key for the outer or pub
lic door; but there was a large key tor the reception room
door, which 1 think was not locked that night.
Q. Did any one como in there? A. The Doctor and
Mr. Hayes came in soon after; Mr. Hayes wanted to see
Mrs. Hayes alone; the Doctor told them to go into another
room alone, and Mrs. Hayes objected.
[The Court here took a recess for a few minntes.l
Examination of Miss Shipman continued?Mrs. Hayes
refused to see Mr. H. alouc?sho went towards the win
dow; he said he only wanted to speak to her; he motion
ed towards her, and she said if he advauced another
step she would jump out of the window.
y. What next ? A. They talked some minutes?I could
not hear all they said; what I did understand was that
he would show her up what she was; she stepped
towards him and slapped his face, and said, "Take
that for your impudence after that Mr. Hayes
spoke in a threatening tone; 1 could not under
stand what it was; the Doctor stopped forward and
took a revolver out of hi* pocket, which he usually car
ried. laid it on the table, aDd said, "lam ready for you
Mr. Hayes then took a pistol from his pocket, a small
one, something like the one I had seen, nnd held It up,
and said something which I did not understand, and short
ly alter that he went out of the office; upon Mr. Haves
turning. Mrs. Hayes took the revolver and went after Mr.
11a yes, and followed him out of the door; the Doctor see
i g .-he had the revolver, took her by the shoulder, and
Mid, "That would not do," or something like that, and
1 r.ught her into the office; Mrs. Haves had gone through
the office nnd just stepped out of the public door; she
come back ; I said to her, " Ah, Mrs. Hayes, you conhln't
use it, could you?" Mrs. Hayes said. "Ah, see if I
can't," and took it up from where it was lying on the
tat It*
y. \\ lint further occurTedr A. Mrs. Hayes took up the
revolver, and held it, nml something was said; I did not
hoar what it was; the Doctor said, in a kind of laugh, "If
that was aimed at me, I should be inclined to dodge a
ittle," or something of that Wind , Mr*. Hayes staid there
that night; I also remained that night; the Doctor also
remained there.
y. What was the condition of the Doctor that night ?
Mr. Whiting and Mr. Busteed objected to going into the
condition of the Doctor on that night, which was three or
four weeks before his death.
Q. (Repeated and objected to.) A. The Doctor was
sick ('ii that night; Mrs. Lutener came there the next
morning about seven o'clock.
Q. What became of Mrs. Hayes the next morning? A.
Mrs. liayes and Mrs. I.utener, and the Doctor went up to
the police office, as they said; Mrs. Hayes came back to
the office that day with the Doctor and his wife, and
started to go heme with them.
The Judge?I suppose she means going to Harlem? A.
Yes, sir.
Witness?I next saw Mr*. Hayes in n few days; nothing
passed; It might have been as many a* three or four
days, but it was more than one; I cannot tell; I then saw
her at the Doctor's office, in the morning, about 11 or 12
o'clock I should think. she sail nothing on that occa
sion; I should think I know where Mr. Hall's office is; it
is at No. 1 Nassau street; I was there at one time with
Mrs. Hayes; it waa, I think, only one day after she left
tlie I lector's office (Objection toanything that occurred
at Mr. Hall's office.]
Q. What did Mrs. Hayes gay when she called to ask you
to go with her to Mr. Hall's office? A. She said she ivas
afraid to go alone, and wanted me to go with her, and I
went; Mr. Hall's office is in the third story of
the building: we both went Into the lower door;
Mrs. Hayes stood below and requested me to go
up Willi a letter, as she was afraid; Mr. Hayes was
there; I think he opened the door; I asked lor Mr.
Hall; Mr. Hayes beckoned Mr. Hall, and I ban led
him the letter; I then went down ami asked Mrs. Hayes
to go up; she went up and I accompanied her; on getting
into Mr. Hall's office 1 do not know what was said; Mr.
llall was talking with her; I do not know whether Mr.
Hayes saluted her (Mrs. Hayes) or not; Mr. Hall con
\ (rs< d with her a few min utrs and gave her some money;
Mr. Hayes said he wanted to converse with Mrs. Hayes,
and desired me to leave the mom; I objected, as I had
come there to protect Mrs. Hayes, and said I would not
go without her consent; Mrs. Hayes finally consented,
although she said I could not hear one word, as I was
deaf: Mr. Hall procured for me a seat In an adjoining
office, and I left.
Q When next did yon see Mrs. Hayes? A. About
two hours after; 1 was walking in the hall, as I had got
tired; we went down stairs, turned into Broadway; at
the corner of Broadway and Wall ahe laid, "It won't do
for us to be seen together;" she was very much agi
tated, very much indeed; when I got up to the Doctor's
office Mrs. Hays was there almost as soon as I was; she
told the Doctor that she had n long conversation with
Mr. Hayes, and felt almost inclined to go hack; the Doc
tor tt Id her to do as she pleased, but that he had done
all he could to protect her, and to remember that if she
got into such a scrape again not to come to him; she left
the oflice. and I did not see her again until within a week
or two before the Doctor's death : she came principally
to see aliout the letters she had given into the Doctor's
possession
y. What did she say about the letters? state all that
occurred as nearly as you can recollect. (Objected to.
Overruled and exception 1 A. She said Mr. Hayes was
in an awful rsge; that he had heard the Doctor had these
letters, an I sho wanted them; the Doctor said, "You can
have the letters if you retract all that you have said
about Mr Have*.'' she replied that the Ikictor knew she
could not recall it and that she wanted the letters.
Q. Who was the Ikvctor talking to at the time? A.
To me. he said, tell Mrs. Hayes that she shall have the
letters if ehe will retract all that she said of Mr. Hayes;
Mrs. Hay ea answered to me. "The Doctor knows I can't
do that; 1 want the letters;" nothing else that I know
passed at that time; they conversed a long time; she was
there twice two days after, but I had do conversation
with her.
y At the time she asked for the letters did she get
them ? A. No. sir; they talked a long time, and then
? be laft the office.
Q When last did you ate Mrs Hayes before the Doc
tor's death? A. It' waa the Saturday previous to the
Doctor's death; she came"to the office in the morning;
the Doctor was engaged, she sat down on a settee, and
Um ked very miserable and wretchad indeed; I asked her
if she was sick; she had yas?sir# bad l>een sick all night,
and was scarcely able to get to the office; she said she
did not know what she should do if she did not get those
letters; that Mr Haves would kill her; "Yea," sad
she, " he would not lie satisfied with killing me; he would
chop me np into little pieces as small as my little
finger "
y. What next? A. Sh? ssid to be exposed, as she
would be if those letter* were forwarded to England, aha
would be twined; she was a woman; Mr liayes was a
man and cared but little; she said she could not go to
Ergl.ind, and could not remain here; what conld she do
If sl e were expose ?? she said Mr. Hayes eared but little,
except that it would expose him among 1 is friends here;
beroulfget away before the letter* reached KngWnd,
that I c cosid get iwv, and would not leave the children
with her: she ?aid the Doctor could not reilire bow it
wn? eomirg on her: that she could not Wirrne the
Doctor, because slie hn I given the letteri to him;
I a-k'd her what sho liad told Mr. JIayea respect
ing the letters, be satd she told liim that she gave
tlu ru to tlie Doctor to keep tor her; 1 said t? her
she won Id learn that ths Iswtor would not lie
forced to do nnythltr' she sai l ahe knew that; I naked
her k hot indeed ker to pursue th? course she ha l, as
It led the D eter to believe that she had deceived
U.W frs.u the first; she (Mrs. U) said, "I know it, hut I
did not think of my children;" she naked me if the Doc
tor had gone out of town a day or two ago as he intend
ed . and on my telling her no, she aaid, "Well, he'llf never
go;" there was but very little more said; speaking of
Mr. Hayea, I asked her if be was of a bad temper, and
tlu replied, '? inoonceiratily so;" I made therenark to
her, "that if Mr. Ilayes had abused me as she told me he
had abused her, I would not be afraid of any man;" Mra.
Hayea replied, " llefore I had no particular occasion to
be;" no other conversation occurred, except that Mra.
Hayes aaid she was going to have another talk with the
Doctor: alie was there nearly all the day; I had been
there utmost every day fertile past (previoua) two weeks;
1 had cut oil the end of my finger, and was unable to
sew; the Iloctor came that moruiog between 9 and 10
o'clock, and I think remained till about 4 o'clock in the
afternoon; he was engaged in the other room during tay
conversation with Mrs. Haves, and afterwards he (the
Doctor) was engaged in conversation with her for the re
mainder of the day ; he talked very aeriously with her; I
heard no part of it; she left about 4 in the afternoon.
Q. When did you see her again* A. I did not see her
again after that day till after the death of tho Doctor.
t). In your previoua examination you spoke cf finding
a paper on the morning of the Doctor's death. What
time did you get there on Tuesday morning, the morning
of Dr. Lutener's death? (Objected to.) A. On the Mon
day night preceding the (lay of his death I staid in the
oflice; I can't tell what" time I got up, but I took
breakfast about half-past eight o'clock on Tuesday
morning, at No. 4 College place ; I had been sowing for
the lady, and getting the Doctor's note the day previoua,
1 went down to be excused ; I started to go to the oflice
again, went up Centre street, and as I crossed the Park
it was a quarter to nine o'clock ; I stopped at an instru
ment manufacturer in Chatham street, opposite Cham
bers ; I don't recollect his name.
Q. How long did you remain there? A. I-ong enough
to ask a question and have it answered. I went up Cen
tre street. Canal street, Broadway, looked Into the
window of the Broadway Post Office, and then went to
the Doctor's office.
Q. On reaching the Doctor's office, was tlie door open
or closed? [Objected to as leading. Admitted.] A. The
outer dour was closed ; I mean the hall door leading to
the Doctor's room.
Q. How did you gain admission ? A. I had a key that
could open the door.
Q. How was the reception room, open or closed? A.
Closed ; the Doctor hearing me open the outer door
opened the door of the receiving room ; he might have
said goodmoruing, but I don't recollect.
Q. Was any other person there at that time beside the
Doctor? A. Not that I saw ; I remained there about fire
minutes or over; the Doctor did not say much to me;
I took his hat, coat and satchcll, which he
usually carried, and put them in the other room, where
they were usually kept ; 1 went from tho Doctor's office
to Fourth street; it might havo been ten minutes after I
ari ived at the Doctor's office,but I don't think it was long
er than ten.
<i. What was the object of your visit to Fourth street?
Mr. Whiting objected, as having nothing to do with the
case, it belug in relation to a third party. (Admitted and
excepted to.)
A I know I crossed the Sixth avenue, but whether I
crossed the Seventh or not I cannot tell.
Q. When you left the office to go to Fourth strcet,wliere
did you leave the Doctor, and what was ho doing? A.
Sitting in a chair near the stove, reading a newspaper
there were a settee, two side tables besides aside table ana
three or four office chairs; there were two windows In
that reception room, fronting on Broadway; the settee
was on the side of the room the same as the door against
the partition opposite the window; ono side table was
partly behind the stove, tho other was on the opposite
side of the room, and the leaf table was between the win
dows.
Q. When you speak of one side table being on the other
side of the room, which side have you referencc^to ? A.
On the left as one would come into the room; tire other
side table that was partly behind the stove, was parallel
with one window and against the partition; the end of it
was about two thirds of a foot from the door that leads
into the consulting room; the stove was exactly opposite
one Bide of that table and the chair in which the Doctor
sat was a very little from it: when I left the office, the
Doctor's face was inclining toward Broadway; be sat in
the clinir rather sideways, toward Grand street, and his
face inclined toward Broadway; his face was not facing
the door of the consulting room; (a diagram prepared by
the prisoner's counsel was here handed to the Court or
consent of the Distrlst Attorney.)
(The witness then explained more minutely the posi
tion of the stove, the cliair in which the Doctor sat, and
the other pieces of furniture in his office.)
Q. When you entered that room, on your return from
College place, had the Doctor the newspaper in his hand?
Counsel for prisoner objected to tho question as load
ing; they had arrived at that point of the case in which
this witness should be permitted to go on and tell her
Rtory without leading her.
Q. Had had the Doctor anything in his hand? A. H?
had a paper in IHb hand.
Q. In what way did vou go to Fourth street, and how?
A. Directly up Broadway and down Fourth street; I
went on foot.
Q. How long were you there? A. I merely went to tho
door and asked about a servant; I took the cars and came
down; I left the cars at the corner of West Broadway and
Canal, 1 think it was a rod car, but 1 can't tell the color;
after leaving the car I went directly to the Doctor's office.
Q. On going to the office did you meet any person? A.
I met no one; the door was closed.
Q. When this door was closed, how was it opened from
the outside?how could you ojien it? A. Only with a
key?a latch key; I gave that key up when some one
aaked for possession; the door loadiDg into the reception
room was closed when I returned.
Q. How did you open the reception room? A. I opened
the door, It was not locked, and went In.
At this stage of the proceedings the court adjourned
o Thursday morning, at lOo'clock, the Judge giving the
usual caution to the jury to have no communication with
ny person on the subject of the trial.
Tlif Wnrd Kxrltemrnt In Louisville.
We give the following facts from the papers of Loais
villc. An immense meeting was held in I/misville, on
Saturday night. The following was the call aa published
in the Louisville Courier, with a large display of big
type:?
NOTICE.
A meeting of the cltliene of Louisville, favorable to the
erection of a monument to the memory of the lamented Pro
fessor Sutler, it requested at the Court Home, April 21, at
arlyeaa light.
To ?
the "Woi.fr Ri.oon flouNra or Louisville."
Fellow "Blood Uoi xvt The mo?t atrocious murder
ever perpetrated in any community, was the killing of Mr.
W H. (1. Sutler, l y Matt. I'. IVi'd. It la a sacred and
solemn duty due to the dead, and to the now blackened and
dishonored name of Kentucky, from wheecc truth la tied, and
Justice has been disregard* 1, to call a ineetiug of the "Wolfe
Blood Sounds of Louisville," that wo mnv give ozpressione
to our feelings in reference to this most outrageous ver
dict of a Hardin county jury.iand the man who dared stigma
tise American cltitens as "blood hounds " because they de
sired justice to be done to the murderer of the lamented
Sutler. We propose this (Saturday) night, at the Court
House, the lime and place for meeting. Come one como all,
and let Kentucky give evidence that there are men that
money cannot buy. Turn out fellow "Blood Sounds," and
vindicate yourselves. There will be epeechos and resolu
tions I'Xprrs ive of the just Indignation of our citisens.
April ISM. Till PIOPLB.
It appears that Mr. Wolfe, who ia the Senator from the
I,oniaviUe district, in his speech to the jury, -poke of
the people of Louisville as "blood hounds." Thla, how
ever. he denies in the following card: ?
Editors or the Courier ?Owing to misrepresentations
of my late speech at Elizabcthtown I have to request the
people of the city to suspend their < pinions about what I
nave mid until the speech is published.
It. together with ethers that were made on the trial of M.
F. Ward, is sow in the hands of a stouographcr, as I under
stand, and will slioitir appear.
The stenographer. I learn, is now on his way to Nsw
York to publish the proceedings of the trial. 1 do not
know that my speoch has yet teen written ont by him
1 utterly deny that 1 u?ed the language attribntod to ma
by tbe correspondent of the Courier.
Whatevir harsh remarks I may haTe made, referred to a
class of persons here, and not to the people of the city I
am incapable of uttering snch horrible sentiments towarda
my numerous friends here, including a number who are
bound to me by the tenderest ties on earth. Respectfully,
NAT. WOLF*.
The Courier gives Ibe names of several gentlemen who
were present at the trial, and who any they heard Mr.
Wolfe make use of the language imputed to him. As He
i Frl<r
nator Wolfe, on Frl day. was going from his dwelling to hio
office, a number of boys hooted at him They hooted at
him aa he passed along, and a few light missiles ware
thrown, hut no damage done.
At a late hourlaet night the scholars of one or more of
the schools in the city procured about forty dozen eggs,
good and bad. and with a mi seeliwieous assortment of
atones, chunks and eggs, discharged several volleys at the
hout-e, greatly to the building's disfigurement and the
smashing of the eggs
Several squads of the police appeared anil commanded
the peace, but there was nothing broken but the eggs, and
perhaps s pane or two of glass
The following items we ropv from the Courier:?
Playing Cards in Jail.?Col. Buekner is out in a card
denyingthat the witness Barlow, who testified to so much
in t\ie Ward trial, ever played cards in the county jail.
H<- says the assertion is fal-e from beginning to end, and
furthermore promises to get the certificates of the Ward*
that the ex-turnkey, John Sherley. never played card*
with them in his life, neither in jail nor out
We have confidence in any statement ol' Col. Brckner'a
since he it a gentleman and a Christian. Nevertheless,
he may be mistaken in this case, since he was not always
in immediate attendance at the primn. Besides, Barlow
seems to have a peculiar faculty of being present la
places and at times when no one else is aware of his pre
sence.
Indignation Meeting at Klrabethtown ?We under
stand that not long subs?quout to the return of the rer
dlct of acquittal in tho Ward case, the people of Elisa
betlitcwn held a public meeting Resolutions were pav
ed execrating the jurors and holding their actions up to
publie scorn Great excitement prevailed in the villago
and was rapidly spreading throughout tbe county.
One or tub Rem ltn ?Tbe man Harlow, who testified so
efficiently In the Ward cose before the Hardin county
jury, the same chap alluded t> by Col Buekner, tho
jailor, in hi.- card, was ejected from Brown's Hotel yes
terday morning by the proprietor, who refused to let
him cr.t in his house Wc shonldn't wonder to see said
Barlow in one of Col. Buckner's cells ere long, and we
then would wonder much to hear of his 1st- aristocratic
oonflnees visiting and playing cards with him.
[From tbe I-onisTlllo Times, April SO ]
The meeting ot the Court House Inst night was very
uproarious. A vast crowd assembled, many of them
doubtless attracted by mere motives of curiosity. The
large room in the house and the yard and the street in
front were filled with psople. Resolutions were pa.sed,
both iDside and outside the Court House; they were
highly denunciatory of "he Hardin County Jury, and iu
!h.n.matoi y in their character Ml. Crittenden was re
flni.matory ? ?
quested to resign his scat in tho F< nato of the United
Mates, snd Mr Wolfe his in the Senate of Kentucky
Both these gentlcn.en will, doubtless, pay due respe-t la
these polite invitations. If the demonstration had
stojpad there it would l?avo tieen harmless, and the g?n
th torn burnt in effigy have considered it a very silly ant
Hii culoiis joke. Bet the passions arou e.l eouH not he
satined without the destruction of property. Mr R.J
Wsrd's house was tired, and Ids conservatory and aviary
demolished. The bouse was fo tuna .by re cued by Un
timely exertions of Ihe firomeu. A large crowd after
wards assembled in front ol the resident of Mr Wolfe,
and apprehension- were entertain. : that it Would tie .14
moll, bed, but they were artdressr \ byCil Th .riassoE,
Col l'reston, ami Mr Gibson, and un'.illy di pi-ieed T.i,
pr- jeetors of the meeting ate d'.ul* h'w very proud of 'tc
ro-ulta, baring achieved the a?si ..blajjc -.?{ ,u< ,.t*t nib
that tier dieTrgc'd '.U. city.