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THE ADLINGTON HOMICIDE. MOTION FOR NEW TRIAL. TUESDAY, April 23, 1867. The Court met pursuant to adjourn ment. John 15. Adlington was brought into Court by the .Sheriff, at 1} p m. Gen. J. N. I'urviance, on behalf of defendant, said it seldom happens that we are called'upon to argue a motion for a new trial where the consequences are of such magnitude as they are in the present one. We had occupied two weeks time in the examination of witnesses; and thcie were so many questions in re gard to the admission of the testimony of some fifty witnesses, that the degrees of homicide was almost entirely lost sight of. The community, who had read the evidence carefully and calmly, were shocked at the verdict of the jury. No one anticipated such a verdict as was ren» dered. The offence was committed du ring a general fight, in hot and angry blood, and not with that deliberation ne cessary to warrant a jury in rendering a verdiot of guilty of murder in the first degree. Cunningham and Teeple commence 1 the fight, and were the prime cause of their own deaths. Oliver, as a landlord, had the right, and it was his duty to en. tcr the sitting room at the timb the fight was in progress, lor the purpose of quel ling the disturbance. He was inst r.tly knocked down by Cunningham and the fight became general. During its pro gress —within three or four minutes—the two men, Cunningham and Teeple, re ceived their death wounds. The tini" was too short in which to deliberate and determine to commit murder in the fist decree. Tt could not have been more than manslaughter. Homicide commit ted in the prevention of an attrocious crime is justifiable. II Teeple and Cun ningham were killed in preventing them (roni murdering John Oliver, or others, the crime would not bo murder in the first degree. Under all the facts and circum stances of the ease it ira' not murder in the first degree. If the killing occurred in the heat of blood upon a sudden quar rel, when the whole party had been at tacked, it would not be murder in the first degree. The whole evidence in 'hi* case went against the presumption that there was deliberate malice. The whole party was aggrieved aud insulted by the nets of those who wore killed in the affray they had raised. The defendant's wife was at the party, and the insults and men accs of the deceased against the ladies and gentlemen of ti e entire party, ten led to exasperate Add.ington as well as oth. s against them. This fact should destroy the presumption of dcliberat • malice and reduce the grade id' the orime. At most j this case could not. bo of a higher grade than murder in the second degree—the facts would not justify a verdict beyond that ol manslaughter. The zeal of counsel sometimes carried j them too far in cases of this kind. Some thirty years ago he (Purviancn) was l>i.-- trict Attorney, and had pressed the con viction of a defendant, in a much stronger case than the facts in this case present, for murder in the first degree. After the jury retired. Judo ( ! ilinore, who was I counsel for defence, sail to uie, " you j have pressed a conviction for murder in the first degree ; the facts only warrant, a conviction in the second ; the jury will find hiin guilty in the first, and there sponsibility will rest ou you." The jury found the defendant guilty in the geeon I degree, and 1 think they were right. May not the counsel for the Commonwealth in this c?sc have gone too far in urging a c mviction for murder in the first degree? We think they have. Mr. l'urvianeo cited the following au thorities, and commented fully upon them: Crown Circuit Companion, pages 111 442, 44(3: Smith's Laws, l'a . vol. 3, p 187, sec. 3; American Criminal Law, p 493—3d edition, p. 438 ; 4 Blackstone's commentaries, pp. 14,180,183,184,190, 191, 198; Am Crim. L., 3d edition, pp 438, 439, 410, 441.442. 443, 144. 445, 446, 458, 460, 461; 4 Ilarr. 266; Am. Crim. L , 5 edition, pp. 710, 711, 932. 949, 966, 971, 987, 959. Webster's definitions: " Malice. Extreme enmity of heart, or malevolence; a disposition to injure others without cause, from mere personal gratification, or from a spirit of revenge; unprovoked malignity or spite. Prepense. —preconceived .premeditated —aforethought. Malice prepense is ne cessary to constitute murder.—(Bl.) Premeditate. —To think, consider, or revolvo in the mind beforehand; to delib erate ; to have formed in the mind by previous thought or meditation." He knew their honors would consider well the grave question presented for their consideration, and which duty requires tbe:i> to decide. In every view of the evidence, and applying it to the princi ples of law referred to, be submitted whether it was possible to sustain the verdict, for the testimony in its worst as pect for the prisoner reduces the offence to manslaughter or murder in the second decree. Their honors had but to keep in view the definition of the different degrees of homicide to see that, in this case, it was not murder in the first de gree. To constitute the orime in its high est grade, it must have been committed wilfully and deliberately, and upon pre meditation and with Biaiice aforethought All the evidence establishes the fact elearly, and beyond a doubt, that the de ceased was the aggressor—that he (Cun ningham) began the fight; that a general a fir ay was the eonsequence, and existed in the room; that many were engaged iu it, and no one more conspicuous iu the bloody fight than the docensed; that pas *]ob aud excitement an alarming est AMERICAN CITIZEN. tent, and in its highest degree—seized | the minds of all when Bowler and Oliver were bleeding upon the floor. Under such circumstances they (counsel for de fence) held that no one of the party as sembled was in a condition of mind to coolly and deliberately form a design to take life, such as in law would amount to murder iu the first degree. There was no enmity of heart, no malignity of feel ing, or spite, existing ou the part of any one of the party assaulted toward the de ceased. Strangers to each other, who had never met before; no old grudge, or previous quarrel, to excite provocation or malice, could or did exist. And it is a fact worthy of consideration that >ho de ceased and the prisoner had danced in tho same room, at the same time, as friends so far as the circumstances indi cated, but a few minutes before 'he affray commenced. There was no time to think, consider, or revolc in the mind before hand, with that deliberate meditation which is a positive requirement of tho law to constitute the crime in its highest grade. The whole time of the fight from its inception to its close being only four or five minutes. Murder in the second degree is where death ensues from a mortal wound ins dieted with malice and upon sudden pro vocation; and manslaughter is defined to be wherever death ensue from sudden transport of passion, upon a reasonable provocation, and without malice. Tho law admits the force of provocation—lone to one to be felt by the other. Tho law wisely makes these distino tious, and it is the duty of Courts—one of the gravest they have to perform—to sec that no verdict shall stand and pass to the records of the Court as final, for a degree not fully warranted by tho ovi denco. Their duty in this respect is too responsi le, in a case like the present, when the life of a human being is in the balance, not to cause the most conscien tious tnd deliberate consideration by every member of tho Court. The lifo of a man—of a fellow-being—was in their bauds. Every principle of duty and hu manity call loudly upon the Court to de liberately consider all the facts and cir cumstances of the case, and tho humane and wiso principles of 1 iw as applicable to them, and then if they err, let their error bo on the side of mercy. And if they had doubts, reasonable and fair doubts upon a car«.f'u' review of the facts and a v of the case, they should give them to the prisoner. Remember, mercy is the darling attribute of the Deity, and should evei be extended where substan tial ju-tico may bo done by reducing the ofleooc to a puu'shment less than the ■ x rcnie penalty of the law. Mr. l'urvianeo begged their honors to . bear in mind the extraordinary degree of alarm and excitement an t passion which existed on the night of the fatal tragedy; that tho deceased had stricken down, beaten aud bruised the frionda of the piisoner. Oliver was covered with blood shed by his violence; that, by sympathy of feeling, all this touched the mind and excited the passions of every one present as well as the prisoner, and that if a death wound was inflict d under such excite ment and provocation, it would not have been uponsuch deliberation.premeditation and malice as would justify a verdict of murder in the first degree. In all cases of a similar character the law reduces, il not below criminality, to manslaughter, or murder in the second degree. The counsel for the prisoner bad all confidence ic the wisdom, justice ami humanity of the Court, and confidently j relied u[ ou their wisdom to save the life of a human being, which has not been forfeited, as we believe, by the laws of tho country. They cast no reflection on the jury. They were good men, said I Mr, I'.. but wo believe if there had been j a more full discussion of the degrees of i homicide, there might have been a dil ftrent verdict rendered. Mr. McCarthy, for Defendant, followed Mr. l'urviauce. He said he had come hero under a"sensc of duty to his client; he did not expect to animadvert upon the law, which was wall understood by this honorable Court, and which had been so ably and eloquently presented by his learned colleague who had just, pre ceded him. But ho felt compelled to say, that the jury who had tried the De fendant, had mistaken the law and the facts in rendering a verdict of guilty of murder in the first degree. He claimed to be a man of strong nerves; but ho felt bouud to say this verdict shocked them. He felt prostrated, in considera tion of the magnitude of the consequen ces of the verdict to the prisoner. Ail the members of the profession to which he belongs ; all the intelligent persons who had read or heard the evidence, were dumb founded at the verdict. They had expected the Defendant would have been triumphantly acquitted. - The great mass —in fact, the entire body—of the evi dence showed that, it was a fight brought on by the outrageous conduct of those who were killed, in assaulting the party. The blows were struck in repelling the lerocious assault upon the party. There was no no evidence that J. B. Adlington struck the blow. Mr. McCandless—said, when this case went to the jury, we believed ; and all believed; that on their return to the Court, the prison doors would be thrown open, aud the Defendant would have been set f'tee. When the bell tolled, on that terrible night, there was scarcely one who thought other than that ho w >uld have been acquitted ; but stra n ge, and beyond precedent in the jurisprudence of chrit« tendom, under such a state of tacts as j was disclosed to the jury—a riot, a broil, I a fight, duriug which the persons were | killed—the jurj shocked the community i by a verdict of guilty of murder in the I first degree. Instead of'congratulating "Let us have Faith that Right makes Might) and in that Faith let us, to the end,dare to do our duty as we understand it"--A. LINCOLN BUTLER, BUTLER COUNTY, I'ENN'A, WEDNESDAY, MAY 8, 1807. our unfortunate client upon his sale de liverunce, we arc now asking the Court for a new trial. The facts disolosed upon the trial of the cause will not warrant such a verdict. The persons or person who stubbed Cunningham and Tecplc committed no offence to the law of the Commonwealth. They hud attacked the party. They caused the fight They I threatened to whip the town. They were powerful men. They exasperated the party by their violence, and in the heat of blood which they had stirred up to fu rious anger, the unfortunate blows were struck whi h re: ulted in death. There was no evidence who committed the stab bing; but the jury have said it was the Dclcndant. He did not reflect upon the jury—they were good men selected from the body of the county —but it shows the mutability and error oi human judgment The evidence was entirely circumstantial, no one could say who it was struck the blow ; yet, the jury found that it was the Defendant. He believed the community, whore the offence was committed; all who had read the trial; would be satis fied with a verdiot of guilty of man* slaughter. lie had taken pains to ascer tain the sense of the community, and this seems to be its judgment. He appealed very eloquently for the exercise of the discretionary power of the Court in the granting of a ndw trial to the defendant. Mr. Thompson, lor defendant, said he had but little to add to what had already been said by his colleagues. We have duties to perform from which we dare not shrink, neither counsel nor Court. — May it not be that the neglect, or over sight of some small matter by counsel, has placed u$ in our present position with a verdict of guilty of murder in the first degree hanging over the defedant ? May it not have boen caused by some slight crfor in the rulings of the Court? He made the remark with- due respect for the ability, integrity and impartiality of their honors, lie had moved for a post ponemcnt of the trial when it first came before the Court, on the grouud of a deep seated and all pervading prejudice which had forestalled public opinion, and a laok of means and opportunity on the pert of the prisoner to procure counsel and the att ndanee of witnesses. The unfortunate defendant had sworn in open Court, before the .Majesty of high Heav en, that lie did not think ho could safely goto trial Ibr these rensins. We all know with what horror the mass of' com munity look upon the crime of murder in a peacetul neighborho >d; and it is natural it should be so. We know how sudden tlio public mind jumps to the conviotion of the guilt of a person charged with its perpetration ; alid how difficult, and in ..some instances impossible, it is to pre vent their taking the law in their own hands* and instantly punishing the un fortunate victim, without trial. Adlin<*» tou was without funds; was a stranger; had no one to supbeena witnesses for him and procure their attendance at the trial lie had uo counsel except those picked up on the eve of trial. He would here state in reference to this matter, a fact that he had uttered to no human boing. On the night when your honors ruled the cause shown legally insufficient for a postponement of the trial, the prisoner's wile—the mother of his children—loft my office, at ton o'clock in the night, and traveled through the wintry snows to an adjoining county to procure the assistance of able counsel; but she returned dis appointed. His counsel, without pre paratory consultation; without witnesses; unassisted by the advocate of his choice, were forced onto the trial. Mr. Thompson spoke with great force aud feeling. He took up the different motions from the record which counsel lor the defendant had thought it their duty to make, and which the court had over ruled, aud remarked upon the diffi culties under which counsel of defendants labored in being driven to trial at that time. They were over ruled in almost every step of the case. He had read over the testimony—as farely reported in the papers—carefully since the trial, and he was unable to find sufficient to warrant such a verdict as had been ren dered by the jury to whom the facts had been submitted. The intelligence and moral sense of the community was shock ed by that verdict. On the ringing of the I*". on the night that the jury had agrefcd, as if by a common impulse, a large portion of the people of this bor ough tilled this Court room to repletion in an incredibly short time, expecting— because the jury had taken so short a period for deliberation—to hear a verdict tor acquittal, or at most for manslaughter. llow soon aud terribly were their expec tations disappointed ! The jury returned a verdict of murder in the first degree! The announcement thrilled through that vast audience as if it had been stru k will spiral's s. Some, at least, faintel Mr Thompson said there were persons present during the fight at Oliver's, who had not been called here as witnesses.— The Commonwealth was bound to have had those witnesses present on the trial, that they might have been questioned as to the transaction. He.said that if the stabbing might have been done by any 1 other person in the room, then the law says the jury should ha«e found that John B. Adlington did not do it. There were others in the room who might have done the deed, and who had greater provoca tion to do it The landlord, and every one who was knocked down by the de ceasell, might have done it, and had grater provocation No one saw them strike with a knife. No one saw Ad lington strike with a knife. One of the witnesses swore that he had no knife, but a tapering bleeding stick, with the small end in his hand, and that he struck with, it as one would do with a stick. He said I there was cot a witness in the caie who did not feel more or less that he was im plicated in the crime, and the law of self preservation would prompt him to make as strong a case against the prisoner as possible, in order to clear himself, yot there is not a single fact disclosed that could fix the orime upon the defendant. If murder was committed, it was done so seemly that none but the eye of Otn nicienee saw the aet. No one testifies as to who did it. The man who com mitted the act would uot bo likoly to come back into the room and t,tamp the head of one whim he was conscious he had killed. It would be contrary to na ture. Mr. Thompson remarked upon the tes timony at some length, and argued from it that no jury could weave such a con nected chain as would warrant thgm le gally to bring in such a verdict as th.'y had done. There had not been any 24 hours from the time the murder had been committed up to she time this trial com menced, that the defendant could not have escaped had he so determined. 'The guilty flee when no man pursueth;' but he has not done so. He has stood here asserting his innocenoe first, last, aud all the time; and will do so if he should even sufler the extreme penalty of the law by so doing. The matter of costs to the county, in the event a new trial should be granted, in a case whore life is con cerned, ought not to weigh with the court. New trials are often granted in cases of mere dollars and cents. Of how much greater consequenc is life? If a reason able doubt of the prisoner's guilt legally arises from all the evidence—and your honors are now to decide upon that point among others—the moral senso of the community and impartial justice demand that the defendant should have a new trial. It would be better that ten thou sand guilty persons should go unpunished than that one innocent man should suffer. Mr. Thompson made a powerful appeal for the exercise of the discretionary power of tho court in granting a new trial to John B. Adlington.- The District Attorney, Mr. Kiddle, said so far as the Commonwealth was concerned they would submit the motion to the Court without argument. Court adjourned till 9 a. m. to-morrow. WEDNESDAY, April 24, 1867. Court met in pursuance of adjournment —John B. A adlington was brought into Court by the Sheriff. Mr Mitchell, for Commonwealth, said he did uot conceive it to be the duty of the counsel for the Commonwealth to in-, terpose especially against tho argument for a uew trial in a case involving the consequences whioh this did; yet in jus tice to the court and to his colic iguos he thought some hing should be said. Hc uiarks had been made by counsel for de- I'euce iu reference to the zeal of tho coun sel of tho Commonwealth for a verdict of guilty of murder in tho first degree. They had uot stepped beyond tho strict lino of their duty, nor would they do so under any circumstances. It had boon alleged there were persons present at tho lamen table affray at Oliver's, and that the pros ecution had been remiss in not bringing thciu here to testify. They had procur ed all the testimony they'could; they had dragged tho country as with a not, to ob tain all the evidence they could bear of. If any witnesses were absent whose testi mony would have b'en important, it was because they could not be obtained. He should not argue the case a' length for the purpose of objecting to the granting of a uew trial. They had done nothing, beyond their imperative duty. They had uot pressed tho reception of a particle of testimony which they did not think le» gitimate; that where there was the alights est doubt ol the legality of the evidence they had asked the Court to rule in favor of the prisoner. Tho Court had sustaind tho array of jurors against the motion io quash, as they conceived, justly. They had not pressed the defendaut to trial beyond the demands of the law. There was less pro judiee iu the minds of the community at the time this case came up for trial than there is at present; but this is a matter with which this Court has nothing to do. He did not believo the Court or the jury had erred ; but, in tho argument here, in the present shape of the caso, there were other, considerations which appealed to the sympathies of the Court, and he would not resist the application. The counsel for defendaut had argued eloquent ly and earnostly to the jury for an acquittal of auy crime, and had measurably over looked the importance of commenting on the degrees of guilt. It was not the duty of counsel for the Commonwealth to press upon the jury the degrees of murder and manslaughter. It may be that by grant ing a new trial to the defendant the ex~ treuie penalty of the law may be avoided, aud substantial justice done him. It may be that the defendant did not in tend to kill, but only to commit bodily injury. If such be the fact, then it would not be murder in the first degree. He recommended, on behalf the Common wealth, that the Court should exercise its discretion with clemency, and ufford the prisoner an opportunity to avoid the extreme penaty of the law by pleading guilty to a lesser grade of crime. The Court said they were divided in opinion. Their responsibility was great, and they keenly appreciated it. They would bold the motion under considera tion until the June Court, when they would decide it. —Snooks says the reason he does not get married is, that his house is not large enough to contain tho con sequences. THK REAL COMMEHCUI' DOCKS.— Discounts, A SIGN OF THE TIMES. The departure of Senator Wilson upon a political tour through the Southorn States is one of tho littlo events which mark great changes. Seven years ago it is safe to say that the Senator's life would have been in danger had he attempted to express his views of public affairs to audiences in the region in which ho is now traveling. Although a citizen of the United States, and one of the high est officers of the Governoiont, such was the condition of public sentiment that ho could not have safely claimed the most fundamental right of every man in a free government. As wo look back upon those days the wonder is not that there has btea so fierce and long a war, but that every body did not perceive that a tremendous war was inevitable. When slavery struck at the tongue it indistinct ively aimed at tho strongest weapon of liberty. For there is no chaiu so stroug that the tongue oan not molt it; noabusoso reverend that the tonguo can not right it. Perfect liborty of speech is the cardinal security of free institutions; and every man who heartily believes in them echrcs Jefferson's doctrine, that no error is to be feared so long as truth is left perfectly free to combat it. Senator Wilson is especially fitted to secure the purpose of his visit. A plaiu man of the people, of profound political and moral convictions, he instinctively appeals to the popular heart and sympa thy. His reasoning is simple, his state ments are lucid, and his tact admirable. Then he has the wisdom of long political experience. He understands the neces sity of parties and how to orgauiso and wield them. In a word, he knows hu man nature. The fact of his going first among the conspicuous Republican lead ers shows his sagacity. He knows that all the advantages of party organization at the South lie with his opponents. Ho knows how skillful the Southern leaders are, and that they will not fail to turn every thing to account iu order to obtain tho control of the new vote in their States. Ho has read the speeches of Wade Hampton, Herschcl V. Johnson, Gover nor Orr, and the rest, aud he sees in them all a harmony of toue whioh is very sug gestive. He knows that the new voters will hear nothing from such speakers which is favorable or even just to the party which eontrols Congress and tho country. It will bo roprosoutod to them as designing, avaricious, and unjust. Tho orators will appeal to the love of homo and birth-place; to familiar associations; to community of interest. With an adroitness inconceivable in any but the most accomplished of politicians, they will say with llorschel V. Johuson at Augusta, " At any rate givo to tho race against whom it is sought to array you a fair trial." Can wo believe that this is a Southern master speaking to the slaves of yesterday ? This is all in accordance with the the ory of President Johnson and many oth ers, that the new voto will be entirely controlled by the late masters. But Sen ator Wilson knows that a very few words will state tho case as it really is, yet that unless those words are spoken every where and ofton the voters will be griev ously misled. There are two parties in the country, he will tell them, and which of them is yuur friend ? Is it the one which has always striven for equal rights, or that which has denied them ? Is it the one which clung to slavery, and made war to extend and perpetuate it, or that which condemned slavery, and by the war abolished it ? Now that the war is over and slavery gone, who are your wisest political allies ? Those who enfranchised you, or those who acquiesce in your en franchisement beoauso they can not help themselves ? "Governor Johnson," Mr. Wilson might say to the new voters in Augusta, " asks you to try him and his friends. Have you not already tried flicm? If Governor Johnson ooulii have had his way, would you have had politi cal, or even civil, rights ? If the United "States forces were removed, and the State were left to organize herself, would he and his friends recognize your equality as citizens? He and his friends have hith erto always had the power to emancipate you. Did you ever hear of their propos ing to do it ? On the other hand, when there was a lemote possibility that your late descendants might somehow legally iecover their lost manhood, what did Mr. Johnson and his friends? They tried to destroy that possibility by destroying the Government. They have misused their political power In the past; what sc» curity do they give you that they will not abuse it in the future? 'You ought not to cherish revengeful memories; still less ought you to allow yourselves to be deceived, Equal citizens with tho rest of us you must know all the facts, and then 4#cide, Senator Wilson will also make liimsull' acquainted with (ho colored loaders of the South, who will really control tho new vote, and he will make no ungenerous, no unfair use of his opportunity. 11 is opening speech at Orange Court House shows that he will not claim p01 : —,..l sym pathy for his party upon any plea less worthy than that ot equal rights, and of its steady efforts to secure them. We hope sincerely that some of tho more con spicuous of tho Southern orators who are disposed to acoept the new order of things will meet him in debate, to show il ttiey can why tlioy themselves, or any others in thoir States, who really believe in the fundamental principles of popular gov ernment, should repudiate tho party which is identified with its assertion, and support a party which has opposed it to the verge of national ruin. If any party is truly friendly to the Southern States it is that party which has always frankly opposed in debate tho Southern theory of sooiety and of the Union, which ac cepted tho war when it came, which won tho victory, and which will unquestiona bly secure tho legitimate results of that victory. There is no other way of na tional tranquility; and ns the Republican Union party waß the war party when war was unavoidable, so it is the peace party now that peace is to bo confirmed.—Mar •pert Wetkly. Gen. Hancock's Indian Expedition. The Government, aroused at last to the necessity of doing something to prevent a repetition of the massacre at Fort Phil ip Kearnoy, has sent an expedition to tho Plains under Major Genera! Winfleld 8. Haucock. Tho command reached Fort Harker on tho first of April, and went into camp on tho "Smoky Bottom," just just wost of the post; from which camp it moved on tho third of Apil, £O - to Fort Larnod on tho Arkansas Riv er, distant from Harker about 80 iniier. The troops are under command ot Gac. A. J. Smith. They number about 2,000 men, and consist of tho Seventh United States Cavalry, Col. Custer; Thirty-sev enth United States Infantry, Capt. John Rziha; Battery B, Fourth United States Artillery, Captain Parsons; p.nd an En gineer Corps commanded by L'cutenant Micah Brown. General J. W. Davidson accompanies the expedition as Inspeetor- General. "Wild Bill," who, since tho publication of his exploits in the Febru ary Number of Harper'* Magazine, has had greatness thrust upon him, is attach ed as a scout; and quite a number of Delaware Indians accompany tho com mand in the capacity of soouts, guides, hunters, a'nd interpreters. As the command drags its slow length along over the plains, "horses, foot, and dragoons." artillery, pontoon, baggage, and supply trains prosent a most formid able appearance ; and it is probable that the "moral effect" will be to awe the red men into good behavjor for a time. A grand "pow-wow," will be held near Ft. Lamed, and arrangements will be effect ed, it is hoped, which will afford security and safety to those whose business ootn pels them to either travel through or re side in the valley of the Smoky Hill. A consultation was held at Fort Dodge re cently with the Kiowas, which tribe pro fessod friendship for the whites, but said that tho Blackfeet, Sioux, C'heyonnes, Arrapahoes, and Comanohes, had formed a confederation, and were determined to to wage a bloody war against the whites. They report, also, that some of the more northern tribes have banded together for a similar purpose. General Hancock has with him a little Indian boy six years of age, whom he is carrying to restore to his people, they having by a recent treaty stipulated for the return of this child. Three years since the First Colorado Volunteers, un> der Col. Chiviugton, attackod a Indians it Sand Creek. Of over three hundred Indians attacked this child, thee a babe of three years, is the only survi vor, he having been saved and p.rriedoff by a soldier. The little boy is particu larly bright and intelligent, and is heart broken at the thought of being given over to the Indians, though he can form but a very faint conception of tho hardship in store for him. The child has evident ly had good care taken of him, and an incident which occurred at Fort Leaven worth has led the whole command tore» gard his return to the savagcs.as an out» rage. A few days since, while a party of gentlemen were dining at Fort Leaven worth, one of them, a Major General eon □octcd with the command, felt himself touched*on tho arm, and looking around, saw this little Cheyenne standing beside I him. The General bad been very kind to this little fellow, and had won his af- I fections completely. ii Don't drink that," said the child, I pointing to the glaea on the table. NUMBER 21, " Why not, my boy t" said the Gener al, laying his hand kindly on the boy'a head—"why not?" " It is bad," said tho child. " Oh no," sa!d the soldier : " this !g wine—this is not whiskey. " But it is bad, 1 said the little taiwge j " it will make you drunk, and then yon will fight, and it is bad for men to fight." With such precocious ideas of virtue this little follow, were he oldor, might ba a missionary to his people; but his infan cy leaves us little hope that the truths which have germinated so early In him will not be plucked tip or cliokod by tho barbarism to which the Government is about to consign him ; it is more likely that the Indians will barbarize him than that "a little child shall load (hem."—. General Hancock manifests a groat inter* est in this child, keeps him at his quats ters, and is vory kind to him. It is to be hoped that the savages may be prevailed upon to leave the boy with his present friends, that he may bo properly oared for and educated. OUR NEIGHBOR MEXICO. A fricndlf offer of mediation in wars is always honorable, and at the last mo mcnt'of the lute extra session of the Sena to Messrs- Sumntr, llendorson, and Johnson proposed a friendly mediation to terminate tho civil war upon terms honorable to both sides, and to proeuro for Maximilian and his followers, upon condition of his abdication, the treat ment of civiiirod warfare. This media tion has been sought by, Austria, for the Austrian Government, knowing probably how it would bo likely So deal with for eign pre'enders to the Austrian throne, hai evidently suspected that there might be summary work «ith the Archduke If ho fell into victor!" .1 Mexican hands; and therefo?>, tliroufch i's Minister in Washington, asked our Government to interfere for mercy. Mr. Morton is reported to have oppos ed the proposition, when offered to ex ecutive session, upon the grouud that Maximilian was a more filibuster is Mex ico, liko William Waikor in Nicaragua; that ho eame to Mexico in defiance of our known policy, ar.d at a timo when we could not wisely pretest; and that the object of his coming was tho ereotion of au empire under uuspices hostile to thia Government. Ii was for him. therefore, to count the cost of such an enterprise; and to intercede for him would be a re flation upon tho humanity and sagacity of tho Mexican Republic, which must bo supposed capable of dealing*with pi* rat»s of every degree. If, indcad—for ouch is the scopo of Mr. Morton's argu ment —we propose to 09k England not to bo severe with convicted Fenians, then we may consistently ask Mexico to be gentle with Maximilian. It is argued on the other side that we have virtually taken Mexloo under our guardianship, and that our moral Resist ance to the French and Austrian inva sion led to its failure ; that having prac tically destroyed the imperial govern ment, it is our duty to establish the re public ; that our diplomacy and moral aid, and even a loan and our srmy,should be employed to restore order and taw. But this would clearly be a departure from the celebrated Monroe doctrine, opon which our entire Mexican policy i« founded. That doctrine distinctly repm diates all internal interference whatever. It consists in warning off European pow ers from this continent. When France came, therefore, we told her that we were displeased, and we said so more and more stringently until she retired. Theq our duties under the celebrated Monroe doctrine were at an end. For thirty years Mexico has been boiiing and bub. bling, and wo have held our peace. The oclebrated Monroe doctrine does not re quire us to keep order in Mexico, and certainly no other international law or custom demands it. It ia very plain, therefore, that we must resolve either to manage Mexico as we choose, or to let her manage herself. To do the first is to do just what we have denounced Franco fcr doing; to do the last is to treat Mexico precisely as we treat all other independent nations. — J There is no middle course, l.'pou props er occasions, indeed, as new. we naay re* spec! fully request her Government to fa vor this or that policy ; but if there be any menace in the request it ia merely a Srst acrof aggrc 3'"o. Tt may be very doubtful what will be the result of tip present situation in Mexico. It may fall again into the anarchy with which it has beeu so long familiar. But if it become* necessary that we should undertake the police of that country, it U desirable that we should do a great deal more.— Har. per*s Weekly. 1 —What more yo« want?