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VOL. XXXIV. NEW SERIES VOL. XII.
BURLINGTON, VT FRIDAY MORNING, APRIL 520 I860 NUMBER FORTY-TUB I, 3 CEO. W.L G. C.BENEDICT, xorroas aiio racrRirrcas. FBIDAT MORNING APEIL 20. 1EIG. THE WEEELT FREE I'll ESS. Tar BmtunCTox Witm Farx Priss Si pnp HfLrd every Friday morning, and contain tie latest Dews report! of Burton markets ul Cam briar Cattle Market -, fall State, County and locml lntellirenee ; well selected Miscellany. Ac, Ic No care and outlay will be spared to make It a re Halle, Interesting and valuable family journal. The circulation of the Frie Pre; s ezeecda tint of any ixprr ia the region, and It If, therefore, an unrivalled medium for advertisers. We deciie to lire additiocal attention to the Il eal f r of the varltns ten ns In this and adjoining Counties, in which oar Weekly has a namerons clr eolation, and thill esteem It a faror if our readers will forward ul in; items of interest. Tkbus or the Weielt Fait Patss .per year $1 In advance, and if not strictly in advance, (.SO. The War Tower Mill In Force. We are glad to learn that President John- ion ba- expressed the opinion that the course , , ., . , . .' . , o , The "shadow of Christianity," is the title of of the citiiens or several Southern btates a Ttry ,Ue treatise, hy an unknown author, re towards the black, matt nectsarv the eon- oently published. We can heartily commend tinned prince of the army to carry on, the , Ji m S'STM provi'ions of the Civil Rights hill and the objects o( the Frecdmen's bureau, and that the army in the South will not be disbanded at present. II this be so, the Southern malcontents and their Northern allies mis- interpreted the effect of the President's late Peace proclamation. They assumed that the immediate consequence of that procla mation, would be the withdrawal of the Southern garrisons nnd the suspen sion ol all military authority at tuc Sooth, and they were inspirited thereby to increased disloyalty and malice. But we are rejoiced to believe that they "counted without their host." This is yet to be one country, in fact as well as in name, as safe and free to the Northern man at the South, as to the Southern man at the North ; but the speed iest way to make it so, is not to remove all wholesome Jontrol, or the military force which reminds them which side whippea in the war, from our turbulent Southern breth ren. Diecracttul. The U. S. Senate was on Monday the scene of an exhibition of drunk enness and loul language, which would have disgraced a becr-garden. An altercation aiot-e between the two California Senator', m which the drunken McDougall charged his colleague, Mr. Conncss, with legislat ing for his own private interests Mr. Con ncss excitedly replied that Mr. McDougall was not in a condition to know what he was doing, and that he was constantly disgrace to the Senate. Mr. McDougall pronounced this a "laln-hood." Mr. C. rejoine-d that his colltaguc dare not repeat that out of the Senate, to which the other rapping the desk excitedly replied that he twuW, and went on to tell a story so filled with profanity and obscene language that the chair intermitted and silenced him. The excuse offered for McDougall by bis democratic friends is that given by the Western squatter in his state ment of his ministers "only fault" viz: that he "in'.' swtar when he is drunk." Com ment on such a proceeding is entirely super fluous. After the scene was over the Senate very properly proceeded to agree to the appoint ment of a Conference Committee on the House resolution to prohibit the sale of liquor in the Capitol. ArpuixiMExr or a :.tw Jcvcz or the U. S. ScrsEiic Court The President has nomi nated Henry C. Stansbury, as Justice of the Supreme Court in place of the late Judge Catron. Mr. Stansbury is a native of New York, who moved to Ohio, where he read law and ha6 since practiced, lie was an old line Whig, and voted for Buchanan, but afterward supported Lincoln and sustained the war. It is said he was the writer of the last veto message, and is a man oi decided ability, but his confirmation hy the Senate is doubtful. Indeed it is not impossible that the Senate may pass the House bill reorgan izing the Supreme Court and reducing the number of Judges to eight, in which case there will not be any vacancy on the bench. Hon. A. Willard of St. Jobnsbury, Vt., has written a letter in which he savs tbat bis appointment as one ol the Vice Presi- dents of Montgomery Blair's wing of the ' ppcftred t0 underrate his own' performances, Andrew Johnson National Club was with- I and never, I believe, circulated any of bis out bis knowledge or consent. This maker ' speeches in pamphlet form, but he was gen- ,i I crous ana hearty in his appreciation and five of the cc Presidents who Uve dis- clrcDlatiou of t(l madc bj' nc H-hcn avowed nil connection with this movement, i he crve-d in this House, belonging to the . old Whig party, the great radical abolition- r ..., ,.r, ist from Ohio. Asntabula district, was also Fanning the flaiies or cxriL discord. , i .- : .1 a member. Anti-slavery sentiments in those The New York iet not only adopts tbc dajs foumj jittic flTOr anjwncrc, and here doctrine tbat the President must not execute , encountered fiercest bate and frequent vio the Civil Uizhts law il he deems it unconsti- nce on the part of slave holding represtn ... , , . .i I tativei. Mr. Oiddings once told uic that up- tutional, but also recommends tbat tLc men on oDe occa(.ijni wbt.n j,,, had uUcred elected to Congress from the southern State f uuweleuuii truths about the institution of enter the Capitol and take their seats, and if i barbarous memory, one of those chnalric any movement is made to eject tbcm, "let the President," it rayB, "send n detachment of federal troops to preserve order in the Capitol." That is the latest manifestation of Democratic principles. ... j . I TnE N. Y. Triecne. Tbc Tribune has widened and lengthened its columns, and en larged its heet till it is now larger than the London limes, which it oo;.ics in general appearance In fact, the Triiune now elaiors to be the largest daily in the world. TLc ability, ciiterpri'C and value as a journal of current events, ol the Tribune, are conceded by all. Wc are bound to say, too. tbat with all Us p rsorI j.-alusits ainl error of judg ment a.n minor points, when great princi ples are involved you commonly know here to find the T rilune, and no other New York daily has retained ourrespect more eonslant- Collector or tbe Poet orNsw Yore and O. Sl Attornet. The President on Mtndy nominated to tbc Senate for confirmation. Mr. Smylbc, President ol the Central Na tional Biiik, to he Collector lor tbe Port or Ne York, and Samuel G. Courtney to be United Stat-a Attorney far the Southern District of New York, rice Mr. Dickinson deceased. Arrest or tue Decking Ml-rderec. At London, C W., on Monday, the suppotcd accomplice in tbc sevenfold Philadelphia murder was arrested. He gives his name as Charles McCutcbeon. When arretted he turned tale and nearly tainted. Uie only i discretanev between the description ol tbc rnnr-b-ier uiid the appearance of the prisoner 4 as tbat inu-ad of having lost " , his fore-bnger is gone. Prol the murder- . er already arretted, continues to tcll tbe ur niort conflicting sturita) about ihe affair, and ays he was prompted by desire of revenge, . not Laving tern well trcate-d, as will an ny I desire to obtain money. i Peospict or Was rs ticBorx. Prussia and Austria threaten each other with blows, I the former being determined to appropriat c Scbleswjt; and Holt tein, and the latter insist. I jog on her share of the joint spoils. Other j caSjser, however, will have had no slight in fluence if it actually comes to war, jealousy and interest in ecTcral particulars. The sympathies of England are slid to he with Austria ; thoec of Russia with Prus sia : while France would be glad to extend her own boundary to the Rhine against Prus sia, and Italy to seize Venice from Austria. Cut such nations are loth to come to ac tual war ; fur it is exjicneivc in blood and treasure. Diplomacy and treaty-making often do wonders in driving away the clouds I tltat threaten war, and it may well happen in this case that the differences betweeu the two nations will he satisfactorily arranged without a fight. Tur. Suinow or Cueietiamtv. The Con- grtgationahst thus speaks of Dr. Marsh's 1 , . u . the reliwn of Jesus Const has already dune in shaping governments and moulding the politics of the world, and what it is vet destined to do. on a fir larcer ssale, are here very clearly pointed out. The book has compass and grasp. Fuller has the book, Congressional Holier tu the Memory ol Senator Toot. The eulogies on the late Senator Foot, pro -nounced in the Seaatc and House of Keprc rcntativc on Friday, were exceedingly im pressive and interesting, and form a tribute to his memory, of which he State inav well be proud. We s..ould be glad if our limits jicrmittcd us to publish them all at length, but that will be impossible. Wcgive to day Mr. EJmunds' maiden sticecb, and shall make room for extracts from the others, hereafter. Ilemarks. of Mr. Morrill. Mr. Speaker Never before in the history of oar government has a State been called upon to mourn tbc loss ot both its Senators at a single session of Congress. Vermont weeps, fur her Senators are not. . My colleague (Mr. WooJbridge) has so happily aud jastly poring cd the history of Senator Foot, while others have so gener ously acknowledged his wurtb, that little more remains for me to contribute. As a speaker lforc a popular audience, Mr. Foot occupied no moan rank. His noble figure and full .toned voice at once arrested attention. .Never begrudging preliminary preparation, his speeches were clear, forcible and well sustained to tbc cod. His style never lacked elevation, and without being ornate was affluent and scholarly. Though admirable in temper, be could yet employ invective at times with crushing effect, and declaimed with the daring impetuosity of a master who felt able to ride and cuide the storm he was creating. But his great strength lay in his absolute earnestness. His voiee gave forth no uncertain sound. No one ever beard him speak and went away doubting as to bis meaning or as to which side of tbc question he had espoused. Hav ing satisfied his own judgment tbat he was rigbt.be embarked hi wbule soul and strain ed i very nerve in tbc cffjrt to bring hi? au dience to the same conclusions with himself. He was both sincere and positive, and utter ly inrapable of guile or double meaning. His integrity, moral and political, was as firmly fixed as the mountains beneath whose shadow he was born, and there was never any doubt or speculation upon any question as to wnere be would be found. When he spoke, therefore, he brought to bear, not only cogent argument, but the influence of a true man the weight of an experienced legislator. As chairman ot tbc committee on public buildings, he had for a bag period taken a deep interest in the work of the Capitol ex tension. His ideas were liberal, co-cxten-sivc with the grandeur of the nation, and be would build well and for ail time He felt a pride in the splendors of tbc struct ure, fondly contemplated the time when the surrounding grounds should be enlarged, and believed in the end the world would not be able to show government grounds and buildings more imposing or so appropriately magnificent. It was tbc Capitol of a nation of freemen ! What wonder, then, tbat he should m his last hour close tbc drama by wishing to be raised in his bed that his eyes might once more behold the rays of tbc morning sun glittering upon tbe majestic dome and illumining those balls wherein he had long been so noted an actor ' He was a modest man, and obeyed tbc Gospel precept, nnt tn thinlr f,f lillrwlf Tlinrn ht(hlr thsn he ou(.ilt t0 tliint," and esteemed others better than himself. Few who have spoken I so well bye been able to content themselves . . , nn .k:.r ,a ,, i-.. , - ..... once sprang at his side, ready to meet the agcree sor. The prom tness ot tbis action and tbe firm front of Mr. Foot awed the would-be-aseas-in, and be retired to his seat. Nobo dy, said Mr. Giddinga,could douht the mean ing ol one or tbc other. The drjicatc as well as the difficult duty of niakiDg up the various committees of the Senate Irequcntly le-li to his lot, aud it was oluave perlurmed with gnat discretion and fairness. Here bis mode-sty was appart.nl Jor he never so carved an to lun e the enoioest part fur himself. Mr. Foot was industrious, mrthodiual, punctual to all apjAiintiucnu, and necr xstponcd the work ol to-day lor the greater leisure of to morrun. hatcer be aimed to do be aimed to do well. He was proud of Vermont, loved her history, nnd wore her honors worthily. Bat lie was not too proud to labor fir the humii!t ot his constituents, and he added lustre to his State ana honor to the Nation. ll it be Uod cs ttiusc who are ready for " His coming" iu ouch an hour as wc tmnk no , or those be wkes while in tbe full en j yiDtat ol all toeii stre gtb uud boes, with unnd and leputalion as well as laitn in the grace ol God undimme-d, then was Sen ator Foot fortunate, as he was happy, iu the time ef bis death. Life was at its acme, and lie filled as bull u space in tbc world as bis highest ambition lad ever coveted. He had not tired himself nor was the world tirod of his presence, but he itemed to see as with a heavenly vision a welcome await- j log hiui in the new world to wblcb be was hastening, and exclaimed, " I see it ! I see it. The gates are wido open. Beautiful ! lScautilul !' Senator Foot was pre-eminent ly a large-hearted man, nursing no ill-natured jealousies in himself nor in others ; far icos did he indulge in any malice, and was tbc readiest man I have ever known to forget and forgive a seeming neglect or ac tual injury. Opponents never found bis tongue lubricated by the serpent's poison, nor did friends ever find themselves "damned bv faint praise." for he was lukewarm in noljing Iji.t distributed praise and blame I openly, manfully, and with a most refresh- ' 1UUUCU0Q - roruuinenus uc iij ' ... 1 : F I 1 .1..,. .1 !,; n, beheats with a cordial jilaeritv. never to be forgotten by those whom his position, official other, enabled him to aieist. Our volun- tccr soldiers and officer, (to suddenly called from industrial avocations to put down the grcAt rebellion, received his homage and tendereat solicitude. Ul these no leii m dead were all martyrs, tbe Irving all heroes tendertat solicitude. Ul these no leii me dnn were nil marrvrs. ine lrruip au neroes. State no public man ever possessed more of the affection of the people, as waj sufficiently shown by hut almost nnanimoua election by the Vermont Legislature for a third term to the Senate of the United States. He al ways met bis colleagues with the most cor dial salutations ; no ill wind ever rippled even the surface of their intercourse, and the most genial and affectionate relations were maintained np to the lat momenta of nis We. llis loss to his Mmily is irrepara ble, and so profound is their grief as to find no solace save in the contemplation of the and his gratitude was unbounded. In his own sublimity of tbe dying Senator's Christian faith. The last utterances of great men arc often treasured up and serve to prove the strength of some ruling, possibly petty pas sion of the deceased, but rarely have the last words of any been so fit to be reported to the world, or such as to be more likely to be lorcver engraved on tbe hearts of his friends, than those of tbe lamented Senator Foot. Without an enemy in tbe world, loving God and glowing with a Sect ion fur all thoi who visited him in his last hours, with eyes still beaming with nil their wonted brillian cy, his unimpassioned words so clsirly ar ticulated, so lovingly tendered, were all cal culated to touch every heart with wonderful pathos. Honored Senator, true Patriot, faithful Friend, Farewell ! Ucninrks of Senator lldmimd-.. Mr, President : Were tho aphorism of me great uramatist true, that "The evil that men do lives after thtm. The good is often interred with their bones," there would be little indeed leit to remind us of him who has now so lately vanished lrom tbc Council Chamber of the nation, and from the vast and majestic edifice which has grown into stature and beauty under tbe enchantment of his labors ; be would stand with those described in the sad but beauti ful passage in the divine comedy : "On earth they left no record in their day, Mercy and jnstice had them in disdain, Speak not of them, but look and pass away." and his memory would pan with his mortal body lrom tbc knowledge of men. But a higher philosophy and a better re ligion teaches us, that however it be with evil, tbe good that men do is not burird with their bones, but lives after them, ever grow ing, widening, elevating, never lost, and casting its beneficent fruits even into the lap of the future. Whatever then may be the sphere of use fulness and good, to which a man is called, or in which he moves, whether it be in the loftiest regions of politics or ethics, or in the cold and serene solitudes ol abstrnct science, or in the judicial administration of atlairs, or in the humblest callings ot bumble life, be bis work well and faithfully dine, be his mission filled to completion, lie lias earned an equal recompense, and has equal ly won tbe victor's crown. Thus it has seemed to me tbat, on tbis sad and sorrowful occasion, I may leave to other and more familiar tongues the piaue of Mr. Foot in bis character or Sen tor and legisla tor, and may fitly be excused from any phi losophical analysis, or estimate, or panegy ric of him as compared with other eminent men leave to the future the task of fixing with impartial exactness his place in tbe high Temple ot Fame, among the here and worthies wbo hate gone before him to their rest, and the rather, as my heart prompts me, and as tbc wishes of tbc people whom he has so long and so worthily represented would 1 am sure direct, as bis frame friend and fcllow.citizen, dwell for a little space, as we mourn at bis departure, urion his per sonal relations to bis people, and upon bis long life of unblemished purity, and of cor dial and earnest loc for and pride in his na tive State, and upon bis constant and untir ing and successful cfiorte to promote their welfare, and to realize their wishcs.upon bis love of hi country, and of man. Born to no ancestral honors, and marching forward to usefulness and influence only by tbc mer it of his own vigorous but unaided ende-avr be entered upon life in perfect sympathy with tbe universal aspirations of tbe people, and so, as step by step he advanced from pu pil to teacher, from teacher ; o leader, and from leader to ruler, ho was to tbcm the type ana example oi republican social progress, tho representative man, and all tbc people looked upon his success as their own, and felt in his advancement a triumph personal to themselves. Their affectionate sympathy of sentiment was fully reciprocated by Mr. Fewt. IU took up, as if by instinct, tbe feelings of the pcople.nnd never failed to assert tbcm against all antagonism. And these qualities of his mind and heart were not limited to geo graphical boundaries. lie believed in the exhortation "Serve tby country, and every other. And wherever man dwells nnd a brother Whoa God hath related to thee." So he was admired, and followed, and trusted by the masses of the ople. Whenever he was called upun for assist ance, ue inuiTiuuaiizeu mc case oi cacn ap plicant, and made it bis own ; his heart warmed and his face lit up with joy at the opportunity oi assisting any, nowever bum ble, of bis fellow citizens, and hundreds and thousands will carry, through their lives, tbe pleasant remembrance of bis grasp and smile, as he would dismiss them with en couragement and counsel. Thus be endeared bimselt to men individually. His sense of truth and justice) was quic and vivid, although bis respect for sincer opposition was perlcct, and sa he was no easily misled. Thus he obtained the confi dence and rcstioct of tborc wbo could not gain bis aid, as we'll as of those who were the recipients of his favor. His hie was pure, generous and blameless irec lrom all shadow ot suspicion or rcpn-acb and all wbo knew bim had faith in his fidel ity to his principles, and to bis State.again- an pressure ana an temptation. And therefore, on all sides, there gathered around their earnest friend hearty, patriot ic men, toe priue, tnc conuoence and the at fections of bis whole iieoplc, who now mourn nis loss as an individual bercavemcut,as does he wbo now addresses you, whose relations with tbat noble man were of such affccliun ate intimacy and good will as would make him titly turn away and weep rather than speak tbe language of deserved eulogy. In a busy, uselul light be has filled hi allotted sphere, and discharged his trust 'with enmity toward none, with charily to ward all," be has lived and died. Mr. President, as we gather hope and uis- uoiu even out ol these Sorrowful duties, let us remember that it is good deeds, and not tbc lingering yearn, tbat make up the lull true lite of man, and tbat crown him with bis last rewards. Iteninrk ul senator Poland. Mr. Foot was not a man of great original ity. I am not aware of any gteat public measure be originated. He did not take much part in tbc general debates in the Sen ate urmn general subjects, but he ws al ways in his seat, carclul and watchful oi all measures, with excellent judgment of what was for the public interest. A member of the present Cabinet, who served ten years with him in the Senate, said to me during -nr. root siccness, that he never knew a man whose votes were always more consist ently right than his. He loved and honored Vermont ; he was proud tbat it was tbc place of his birth. .More than once since 1 became his colleague he has mentioned tbe tact to me, that never before was Vermont represented in the Sen ate by two of her sons, born on her own oil ; and be seemed to dwell on tbc idea with great satisfaction. During his illness and after he became satisfied be should not recover, be loved to speak of his being carried back to his native State ; of being buried under the shadow of her grand mountains and green hills, and within the sound of her waterfalls, and that bis grave would be among his own people, whom he loved and who loved him so w'cll. Mr. Foot's real greatness and the cause of his universal popularity 1 have not yet named. Some men are called great from a single great action ; others by a lew great ""T. - - "-t"-.L.jira hi, nnwit stfHirl - nnl a 1. act or several acts of great states- manship, but a lifetime of good, and gener- oua, ana unseimn accas.was wnat made bim great, and gave him such a hold upon the hearts of the people of his own State and i ' others who knew him. r"1 "w,u" ul oruer; iuisujuuhwuw hg tcit tesuccuiuia in- 1 deed : hit judgment was excellent; he had extraordinary gifts of person and manners ; but many men possessing all these in equal degree would never have attained a tithe of tbe honor and respect he did. It wa3 his generous, warm hearted love and sympathy for his fellows, and bis exhibition of it to tbcm and for them at all times, tbat induced their love and respec' for bim. l'ou saw with me tbe general exhibition of sorrow lor his death bcie. where he had been so long, and was so well known and so highly re spected ; but it was my lortunc to be oue ol your committee to attend bis remains to his old home, and among tbc neighbors and as sociates of bis "daily home lile." Had you witnessed tbc deep gloom and sadness that bung over that wbule community, the tears that filled sa many eyes, as we tulfilled our mclancbuly duty, "you might well have ex-claime-a, Behold bow they loved bim '" Living in another part ot tbc Sate from Mr. Foot, and our pursuits fur many years baring been so different, I had never much personal intimacy with him until tbe com mencement of tbe present cession, when I became his colleague. From that time till bis death we livid at tbc same bouBe, and, till bis sickness, sat at tbe same table. 1 soon saw why all loted and respeeted him, and shared their sentiments in tbe fullest man ner. Tbe infinite pains he took to make my position agiccable, to make me acquainted with the course and detail ot business in the Senate ; tbe properwlSce and departments for everything; in short, tbe whole routine of Congressional drudgery, which it is so important for a man to know, and still every man is expected to find out for himself was what I did not expect from him, and proba bly should have received from no other man. But with bis nature ho could bardlv have avoided doing it. The circumstances of his sickness and death were cucb that general publicity has been given to various interviews and part ings between bim and valued friends, solemn and affecting in their character and interest. I took my Uit leave of bim on that same af ternoon before bis death. 1 could not now attempt to describe it, but I shall never for get his affectionate language, or his solemn cdietion at our parting. 1 mourn bis lues ommon with all wbo knew him; but with all who believe in tbc heaten hereafter, I doubt not tbat our l - is his infinite gain. His triumphant Christian death was a fit ting end tor so loving and uselul a life. Well may we all pray tbat our lives and our deaths muy lie like his. Sorely indeed has my native State lx-n stricken; her twj dm distinguished sons, long her joint represent atives in this body, where they represented tier with so much ability, usefulness and credit, both taken away 'by death, and so near each other, that the stirring efltet of tbe first blow bad hardly jmssed when the other came. God grant tbatthoe wbo bale sur vived and succeeded them may be enabled in some degree to emulate their virtue and usefulnert to the Stale and people tbua be reaved ! .Mr, WoodbridgcN UetaaiL- Senator Foot was what we rail aslf inade man. I do not attribute to him any particular credit tor that. The term "sell made man" is a much-abused one. There- is no royal road to greatness. Every man who oontes to be a p.wr nache it through r ronal efiort. The scholar w nell-amdr. and becomes a scholar through patient and ex hausting labor and reflection. The pr.iier sional wan is sell-made, and so is the mer chant and tbe artinau. That Senator Foot succeeded where a weak will would bare failed is doubtless true, and beoee the great er honor to tbe man. At a lawyer, Mr. Foot was not learned. As a statesman, be never seized upon new theories or ventured upon untried paths. As a political econo mist, be never originated new ideas or de veloped old ones with xtraordirary piwer . and et, without qu'stion, be was t he ol tbe salevt statem-n and most jodiciou- leg islators of the agr He did not retein le the mountain, tw enng to th- skies, barren and useless Ir.im its height, but rather tbc leaser eminence, w hose summit is c vercd with tbe lorrst , and whose slopes wave- with the yellow grain He did not resen tile the ternbe shower which destroy by its violence, so moeti as ilie gen tle rain which tbe earth drink nnd then dresses herself in ih-w life and iirauty God granted to Mr. Foot one of tlie Ri-eat-est of earthly blessings a hing, praying, pious mother, who early insulted into his mind principles ol reverence toward God, obedience to authority, and five ol truth, and through a lung public lile tbe great leading chart ctcristic ot his mind, and r Imps the higliett power ol his character, was bis devotion to truth : that high ethical truth whicb is erounde-d in the moral lieing and the fitnen ot things. 1 ing back ot and deeper than refinements or popuiaritie-s reaching down to the inner nature and ele vating the moral lorce. "Hie word waa good as his band." No social or political combination or influence ; no sycophantic flatterer : no dastardly and cunning in-inualor ; no expectation ot re ward or place or power ever snook the trutu lames ot Solomon root. "Among innumerable false, unmoted. Unshaken, uneeduced. unterruled, IIw loyalty he kept, his love, his zeal; Nor number nor examile with him wi ought To swerve from truth or change bit constant mind. Though single." Senator Foot was a patriotic man. "He loved ha land because it was his ova And scorned to riv? oofbt other reason war." He loved his native Mate, io mm there was do air so pure as that which swept about her mountains; no water so sweet as that which bubbled lrom her crystal springs; no grass so green as tbat whicb clothed her val leys ; and be now lies beneath tbe shadow ol her bills, wliere the wind sings bis requiem and tbe solemn old pines stand bb sentinels over bis dust. During tbe long and bloody rebellion, when suffering and death entered almost et ery household, no wounded soldier, no weep ing sister, no heart-broken wile or mother ever called upon Senator Foot in vain. Their wants were his wants. Their suBering was hie suffering. Io sun-bine and in rain, in sickness and in health, hy tender and sym pathizing counsel, and ly ncciveand i meant effort, he labored for their rebel; and we may truthlully say for bim, When the eye saw me then it blessed me. When the ear hearJ me it gae witue-se to me, for I deliv ered the jioor tbat cried, the falbcrhs. and hiui that had none to help him. The bless ing oi mm iiiat was ready t rish cuuic up it nit, and 1 caused the widow's heart to sing for j iy." Mr. Sakcr, it u a gl jrious thing to live in tbis world Inn its. Ciintor launched it forth in tbc infection ol its beauty, ibc murning stars sang together for jay. It was made for man, the hut exercise ot creative ower, lor man made in the image of God, into whose nostrils he bieath tbe breath ol life. It i n-iUe to live lor tbe deielcptnent of the soul. It is beautiful to niinreCMte and enjoy all the works of God, and all the endearing relatious with which wc are sur rounded. It is glurious " To have . Attentive and believing faculties; To go abroad rejoicing in the joy Of beautiful and well-created ibices: To love the voice of waters and the sheen Of silver fountains leaping to the sea; To thrill with the rich melody of frrds Living tbeir life of music; to be zlad In the cV sunshine, reverent in the storm: To see a beauty in the stirring leaf; To find calm thoughts beneath the whispering tree; To see and bear and breathe the evidence Of God s deep wisdom in the natural world." But more beautiful than life is tbc death ol the Christian. Mr. Foot from the commencement of his sickness seemed to feel that be would die, and when tbc final summons came he was ready. His last tbouebt was for his country, and bis last desire to look out upon tbe beauti ful sunlight and the noble edifice, where he had labored so long and where he believed the future safety of tho Republic rested ; and then, as it fully satisfied, with eyes full 1 of radiance, he exclaimed, " I see it ' I see ' it ! The gates are wide open ! Beautiful ! ' Beautiful and the plastic form was stilled; ' the casket was broken, and Solomon Foot entered upon eternal rest. ' Mr Speaker, tbc life of a good man like ' that of -him wc mourn is not confined to its immeeuaie ana most apparent results. Its , uuiucuce lives on. insnirinc ntnpr mw tn lives of nobleness and duty. It is tbc pillar of fire by night and cloudy by day that safely guides ub in our weary wsnderings. Let us mark it well, so that when to us the last urcad summons comes we each may Go. not like. he quarry, lave at night fcsourgea to nis uanceon, dui susiameu uuu soothed By an unfaltering trust, approach our graves Like one who wraps the drapery of his couch About bim and lies down to pleasant dreams." Chittenden County Court. arRiL term, 1S00. Present Hon. JOHN PIFJIPOlNT.Chicf Justice. Hon. Wm. V. Kevnolds, Assistant Hon. SarroRD Colet. J Judges. roTTr.it rtr.LnAsi;n ox n.n.. ANOTHER MURDER CASE. TItIA L, OP WM. FAULKNER. Mond.iv, April 1C. Court otcned at 0 A. M. Application was made to tho Court to fix an amount for bail in the case of Cbns. II. Potter indicted under three counts for pass ing counterfeit money. Judge Pierpoint fixed the amount at $500 fur each indict ment. Tl c ease ol State vs. Wm. Faulkner lor ninrder was then called up. Faulkner, it will be remembered, shot a soldier named John Oonly on tbe night of the first of August last, on Water street, in this City. A jury was eiapannedled. two jurors being challenged for expression cf opinion previ ously, aud two peremptorily. the Jirar. I'bilo Kcnyoo, Clark A. Hood, G. R. Itoberts, A. II. Alien, II. N. Ballard, Dean Ilostbrd, Francis E. Gale, W. K. TafL C. Van Visit, M. II. Iloimrd. Walter II. White, Bttel II. Day. L. l! Kngleaby, State's Attorney, and Wm. G. Sbaw, Esq., apjieared for tbc Stale, and J. French and Henry Ballard, Esqi. fur tbe defence. Tbe indictment was read and the plea of not guilty entered. State' Attorney Engles by made a brief statement of tbe fact of tbe homicide to tbe jury, and a state merit fur the defence was cade by Mr. French. TUB TESTlMOKY. Da. H. II. I.asodos was called lb the Stale Am a physician; was called to attend a ease at Mrs. Mieheaod's, on Water street last Auieost; found a man lying on the floor surrounded by several persona; was told be bail been shot through tbe body ; foaud a wound above the umbilicus, a little to tbe left ol tbe meaian line, a gunshot wound; the ball bad come out on the left side, a little below tbe bip bone.on the fleshy part of the buttock ; probed the wound ; tbe ball entered in front; tbe person was not dead at this time; after death made examination of the body, the next day . was not there when be died; tbe course of the ball appeared to be straight tbrooch ibe body; where tbe ball came out was 10 or VI inches loner than where it entered; the man when shot must have been stooping, as there was nothing to change the coarse of the ball; the same effect voald have been produced if the one who And the shot waa high enough above him; examined tbe spot on the night of tbe affair; saw blood on a pile of board near the door; the man's death wan caused by this wound he received. Croit riamtntd If the man ho fired the the gun was don the steps, tbe angle ot stoop of the man killed must bare been greater than Cony-five degrees. Conly appeared to possess more than ordinary physical opacity; weighing 10 pounds at least; fee was about 25 years eld. lhdn't see FaulEner till examiuauVro before the magistrate. There was then a wound oa him onder ihe left eye; the eye was considerably discolored and saolleu; also an abrasion on the right aide of the firehvaii; should think tbe two wounds were not made by the same blow ; they appeared to be recent wounds; noticed that night that Conly was somewhat under the influence of liquor. James Vlcinc called. Have been in tbe ar my. Co. F, of the 1st Vt. Cavalry. Knew Conly ever since the company was made up here; was with him the night he was shot. lie answered to two names . of John and Mike Tbat night it left Mr. Lee s and went down Hater street; Conly wanted to see a friend un Water street. Bill Cane; he asked tor him at Faulkner's door; Mrs. Faulkner told him to go home, she didn't want him around; be told her to hush ber noue; Mr, Faalkner came in tbe rear going into bis own honse, and told Conly to go away; be told him to hash bis noise; Faulkner went into his house and slammed the door in Con ly s face who was following bim. Then Couly struck or lacked the door; they bd no words. lie bad nothing in bis band at the time. Conly and I were going a ay, and bid got out to the centre of tbe road, when a woman came oat above us on a kind of balcony and told Conly to go away ; it was not exietly over the door; she told Conly she'd get some one to beat bim if be didn't go away: she come down the steps and went up north; Coaly fol lowed and said tbe couldn't get a party able to beat him; he came back and stood is front of Faulkner's door, about two yards, looking up at the woman; she went up the stairs again and disappeared from my sight. We remained two or three minutes before Faulkner's door opened ; I saw a gnn in that man's bands inside; looked at me; then Conly picked up a piece of wood, and as be threw it tbe man fired, both fires went together. Conly called to me and said he was shot. I didn't believe him at first; then he stepped to the woodpile and commenced to bleed, I saw tbe stick Conly picked up a. piece of pice, with the limbs cut off, not smooth; I saw noth ing eh-e in Conly 's hanJ; be threw no other sl.c'i, hadn't time ; be was taken info the next bouse, afier be wis shot; Conly t ld me to go for a priest ; I went Rod before I got back he was dead; There was not a word of anger between him and Faulkner's people afier the woman came down stairs and spoke to him. Faulkner was not in my regiment; I was in town that day with my regiment. On cross examination, witness testified that he had been drinking, whiskey and beer; that be saw Conly drink beer only, and that both ot them felt "pretly merry," and tbat be tried to get Conly away from tbe bouse. Bbipckt Din.vix, sworn Liied hut August in tbe same bouse with Mr. Faulkner, in tbe north part, up stairs. The first that drew my attention tbat night was Mr.Faplknei's htt'e boy calling "old woman" twice, he meant Mrs. llolan who owns tbe bouir, my mother in law; she lived in the south part of tbe bouse, right over Faulkner's cellar; I looked out of my win dow, and said " Billy, the old woman insn't in, I don't know where (he is " Tbe boy was right by Mrs. Dolan'a window on the gallery; I saw Con'y standing a litile way from Faulk ner's window with a stick in bis band, pointed towards the window; a stick about two feet long with some sprouts on it; I went back, staid a little while, went down stairs, orened the door on tbe gallery and saw Conly and tbc man with him Lear the telegraph pole, perhaps three or four yards from Faulkner's door a little way east of it ; I takl to them to go away cr I would have some one to make tbem; tbey muttered something I couldn't say what; I went down stairs; saw no one around, came back up the stairs, shut my door, went up the stairs to my bedroom, and had just got there when I heard the gun go off ; my bedroom is on tbe front side up in the second story; when I went np stairs Qairk was standing by the telegraph pole, and Conly was coming ever towards me; he was muttering something. Croxi examined To get to my bed roan I go the whole width of the house and then upstairs. Didn't see Billy af er I told him about the old woman: don t remember whether I saw Quirk when I first saw Conly with the stick in his band; I came down stairs because I was fright ened, I went to tbe corner of tbe house for someone to make them go away: when I hut j saw Coaly, he was coming towards the stairs; I they are in the middle of the house and Faulk ner's doer is close by almost under them. I Rt-directl didn't see Faulkner or his fami ly that evening; cannot say if I looked towards their door. - Rtros, Tbink it was alut 9 P.M.; day- . light was gone; it was s moonlight night Wa. D. Mcxsos sworn. Beeolleet this homicide; was there tenor fifteen minutes after; went into tbe house; found a stick of wood on the floor, of pine two or three inches thick, and about three feet long; should not think it was a smooth stick; saw no other .stick; looked thro' the room Faulkner occupied; there was a gun qehud ths door. .u. - ,i ,v.. .1 Cross Examined. The nosKt was a com mon infantry one Faulkner has been In jail since the murder. His conduct in jail was very quiet and inoffensive. Tbc State here rested, and tho connfel for j.i iu . tn0wn Faulk- ..-.-. - ! ner several years; I kept a meat market near j where he lives; never.knew anything against bim; his reputation has been good. I Cross SxaamtJ. Have seen him before tbe war, irhips several times a day, at intervals. G. 0 Lxwis, sworn Knew Michael Lonly in the army. Mr. Engleaby objected to the admission of this wi'ness as to Conly's previous disposition snd character. The Court decided that it was admissible. I was sergeant andlst Litat.of his company. Lie was quarelsome generally, especially it be hal been drinking; would drink as often as he could get it. Knew Quirk; he and Conly were very intimate. Crow examined Conly was in the army with me about two years and ten months; when not in liquor, be was generally quiet. If there was a row among any of them, he was usually in it. The men were not often sober, they got liquor often, when officers couldn't. Did not often drink myself. Socrates Beach, sworn. Have known Faulkner 8 or 10 years; his reputation was that oi a very peaceable, quiet man. J. II. Haieltox, sworn. Was Major in the 1st Vt. Cavalry, formerly Captain of Co. M. Knew a man named John Conly; he was a quarrelsome character. CroM-ezomined. Don't know when tbat Co. got back from St. Albans; I got here the 2d of August; think they had been here 8 or 10 days, perhaps less. This man was in the habit of drinking occasionally; when intoxicated h was quarrelsome. The Court here adjourned till-C P. M. Mc.ndat, April 16. atteknoos. The Court assembled at 2 P. M., and the seuBnl lor the defence called Jamis 1'ciTCBiED. Mrs. Faulkner is ay mother; am IT years old am 17 years otd; was not at some when this transaction occurred; saw Mr. Faulk ner between three or four P. M. tbat day fat botse; we have Bved in that place abont'10 years; I saw Conly about a week previous ,ai Mr. Faulkner's; my mother told bim to go ontr he was in the house; be tow her to husn ne; noise, and presently went out ; be was not to say sober, saw tbe marks upon .Mr. rauiknes s race next day after this affair. He brought hotat his musket from the army; it was kept is the corner behind the stove. Never knew ol any difficulty between bim and Conly previous to this. When I got home that night, Faulkner was arrested. Should tbink the door latch was bent an inch, so that the door opened very hard. There were marks about tbe door, one on the casing over the door, two on the door itself. deals as it a stick had hit it. Found on the floor next morning a little stick back part of the room, three or four (ret long, perhaps sa inch thick; a larger esse, aboat fear sset from the door, about fear feet long; cannot say how thick ; it was larger than the other; saw a pieee of three-inch plank on'skje of the door. between it and tbe woodpile; it had blood oa it Cross examined This first occuioti when I saw Conly was about a week pm ions Coaly had no words with Faalkner that day I saw the sticks the nicht ot the aarder, bot didn't take much notice of them then. Tbiak I teati- fled before Mr. Hollrnbeck about these sticks. Mr. French spoke to me aboat the sticks; can sot say when; asked me where they lay; I told him; have not talked to any one else. think I testified before aboat the latch: sa it tbe next day after the a&ir, about Boon; tr'sl to open tbe door and too no the latch beat ; it op ened at usual the day before: noticed tne marts on tbe doer next morning. The dent over the door wa aboat an inch deep ; matt have been struck violently to make so deep a mark. The marks on the door looked as if made with stick with some violence. Tbe beavitnt mark was on one of tbe panels; saw no split ia the door. It was oa the day I came down Iran tne jail tbat I hw these marks; don't remember whether 1 was at the jail oa sjatnrday, the day of examination. I know Bill Cain; he waa at Fa a lk ner 's house seme: never saw him and Only together. Wm. FAVLESim sworn Am over thirteen year old. Was at my fother's hoaee the night Coaly was killed. Coaly and Qairk came there that night aboat nine o'clock. I was oa oar woodpile beside tbe window ; my mother aad sis ter were in tbe boase; my tatber was backside of the boase. This Coaly begaa a kind of ring ing; the door was shut; he was rattling at the button of the door; did not hear my mother say anything. Conly was stand ing on one side aad Qairk on the other when my rather came aad wanted to go in. and tbey wouldn't let him; fa ther went down tbe step, and when the door was shot Conly kicked it; father came and opened the door, and told bim to go away; Conly threw in a little stick, three or four feet long, aad an inch thick; father told him to go away again; says Conly -'come out;" he said be wouldn't; Conly threw a four foot stick at him and hit him on the nose, a pine stick full of knots. I went up stairs and hollered ' 'old woman. " I went af. ter Mrs. Dvlan, thinking she would get them away. Saw Bridget Ihnnia above the gallery; she said to Conly , "go away, or I'll get somebody to make you get away;" be said the whole of Water street couldn't put him away; I came down the stairs, went across the street for fear they might hit me. after he threw tbe last stick. When tbe gun was fired I stood on Beach's cor ner; Conly was facing the window with a pieee of plank in his arms coing to throw it, a piece of square plank- Identifies a piece ot plank produced, as the one Conly bad-1 I saw my fither after the shot was fired, his eye was blacked and blood was running down his face; Maggie and I staid at the jail that nicht; don't tbink I went down with James next day; no ticed that the latch was crooked, aad could not be easily raised: it wss straight before. Conly was round there about three weeks before; he looked round and kind of kicked tbe chairs round; mother told him to go awsy, tbe didn't want bim around; be didn't go away at once. Cross-examined. Think Conly and Qairk were there as much as an hour in all ; think it was three quarters of an hour before I run op stairs; tbey stood on each side of the door, and wouldn't let my father go in; he got between them at last; I was frightened at the time; they pushed him once; when the doer was opened, iOniy sioou on toe south side or tbe door nearly in front, tbe door was opened about two feet wide; when the door was opened the second time be was nearly in front of the window, and came back nearly in front of the door; I was standing at the stairs, and saw him. Tbe door was opened this time nearly all it could be. my tatber was standing in tbe door way; Conly threw this big stick at him and I am sure it struck him; didn't see it strike him; Conly was about two feet from the door and threw it with all bis might; I bad time to go up stairs and down and across the road before I beard the gun fired. After the big stick was thrown in, father said if be didn't go awsy he would shoot bim. I saw the piece of plank in bis bands, a little before Conly was shot ; saw the plank raised when the gnn waa fired then be dropped it; didn't hear father speak after the big stick was thrown and tbe door shut No one was within sight at ihe lime. The moon was up when I went across the road ; didn't testify be to re Hollenbeck tbat it was too dark to see, or tbat I heard nothing said about shooting Maggie Faclkxeb. Am 11 years old; Mr. Faulkner is my father. Was at borne when Conly was shot ; no one was in but me and my mother. I beard Conly and Quirk coming round but didn't see tbem. I locked tbe door when I beard them. They asked fer Curly Kelly; mother said he wasn't there, and they misht go away; that was tetore I locked tne door; I beard my father coming round to come in the house. Father tried to shove them and make them go. I opened the door aad let him in and then locked it again. The door was kicked; father went to the dcor; he shut it, and it was kicked again ; he opened it again and a stick was thrown in; it didn't hit anybody. The next time be went out a big stick was thrown and hit him cn the nose. Father told them if they did't go away he would shoot one of them. Conly said, "come out; father sokl he soon would go out; I was behind my mother when the gun was fired. Father's gun was kept in the corner behind the stove; didn't see him load it that nicht. It was ten or fir min utes between the throwing of the sticks. Oou examinfo' The door wss opened three or four times; didn't hear any words; was across the room. The gun was fired a good while after the throwing of the big stick, neard no noise after the stick was thrown. Didn't see Conly and didn't know who threw the sticks. J. Frexcii. sworn I made eiamtn.f.nn f ' fhenremfae afrfh UmUJ. TT..1 J:r TT1 fi;f5f.nlt in opening the door: found that ih. I.,). ... that the latch was I bent considerably; saw a mark on the casing of I V,. r; estimated ""u.crea tne army. The State shows nothing I ihe character or tbe assailant may be 1 i7f,i,r J Ta ati8 V20"1' the,t0Te ' 1 the5ontr"7- The testimony shows Conly tS considered by you, if yoa find that the dc i stood at tbe end. four or five feetfrnmltfTintlrl have been iv i.nln..i.. -k.; I u..ii .,J. . r s nm, ttH in m. , " . , a pine stick in the room, S or 4 feet long and 3 , ner at the examination, aad took minutes of tes. timony. Quirk testified that tber left Lee-. aW nine o'clock; that cJTwa&YOntS I four times. 7 ,Mee W Bends from notes of Quirk's testimony. Crost Examined. Went down there also cn Saturday. Mr. Ballard went with me among others. Mr. French here asked that the trial be postponed until the arrival of other witnes ses, who were on the way, and the court de cided to allow it. Tbe State's Attorney then called: Jauvs Wall. When tbe gun was fired I was at Logan's, just above the bakery, about five rods from the corner, across the street from Faulkner's: saw Conly and Quirk about fifteen or twenty minutes before ; tbey passed by where I was sitting; went north; were gone about fif teen minutes; came back and went across the street towards Faulkner's; it was quite dark; could see the stairway. Mr. French objected to the testimony as out of time ; tbe court, however, allowed it Saw no sticks thrown; heard no noise as of sticks thrown against tbe deer; heard no neise of wrangling; tbink it was about hah past eight or nine o'clock; went screes when the can was fired. Conly lay on a pile of wood. Saw no piece of plank there. Saw no one bat one woman. Mr. Faulkner's wise. Did not see any woman before tbe shot was fired. Cross Examined. Was not a witness at the examination before Hollenbeck. Was sitting ev en with the sidewalk at Logan's grocery, four er five rods off. A man and a woman were sittina; with me. I was talking with them. Nothing called mv attention across tbe street. Heard no remark like that Mrs. Dinoin said. Didn't no tice Conly and Quirk, or what tbey were doing across the street. Wm. G. Sbaw sworn Took minute and testimony at tbe exaBsinatsss before Justice Hol lenbeck:. Reads minutes cf Billy Faulkner's testi mony. Ibe court then adjocrned till 9 A, M. on Tuesday. TruDaT, April 19. Court o renod at 9 o'clock. Tbe counsel for the defence ealW as wit nesses Horace Emerson, Hiram Bacon and John L. Baratow, who severally testified to Faulkner's good character in bis regiment. J. Fbencb, recalled, and testified ts the maat uretaest of distances from Faulkner' door to Beach's bakery, Logan's, Ac. He also identi. fed a large, round Mick, ef cord wood appar ently, as the oee fcnad an the floor of Faulk ner's room after tbe shooting. MB. SStAW's ABOCHSnrc W. 0. Stuw 2eq. argned the ease Jhr the State as follows : We reqsHse yoar honor to charge that ia killiag by a deadly weapon malice afore thought is implied, aad malice being shown the otfeaee m murder ; to mitijrate such an offence hot blood satnt beproven ander provocation, as of a reorat btov. If in this case the gna was fired under reasonable expectation of attack or iajary aad a the only means ot neape the hom icide saay be jastiftable. This offence can only be reduced to mansrangbKr by proof that Faalkaer bad received a revere blow and was martins; therrnnder. Bat if we show that be was ia bin hoase and Coaly at a distance, net attacking tbe hoase at the time, the ofiVnee is not reducible to manslaughter. We aak too to charge that words aad threats woald not reduce this offence to sssmsbutEhter nor ibe kicking of tbe door, or throwing in of a small stick. Abu to charge that the evi lence of Conly's pre vious qoarrebome iieeertioB has nothing to do with the case, Mr. Shaw cited aatuontie in tapper! vf this positioB. Admitting that such eviilence could be received, we ask yon to charge that Faalkner knew noth.ng of Conly's dispo sition, and therefore, could not have been in fear of his life. The Court here remarked that each evidence was admissible as showing who begaa the affray and the spirit in whicb it was carried onmnd the character of each party, aa bearing en these questions was of cqoal importance. Mr. Shaw resumed : Gentlemen of the Jury, this ia a J liferent ease from the last one. There is no q oration here who did the deed, but rather whether the re spondent did it ander justifiable circasnstaacfa. I sail yoar attention first to the law ; that tbe taw pteeames malice in killing with deadly wea pon. Ia this case Faalkner deliberately point ed the gna aad fired, after having given threats of snooting. It is, then, m order, naless den ander provocation of blows; when so done, in passion, it is manslaughter. The defence will probably claim that tbe act was done ia self-defence. Mr. Shaw here cited authorities to shw what is necessary to constitute a sccceniful plea of self-defence. He must have exhaust ed all moans of escape; a mere trespass on lands or buildings does not justify the taking of life, nor a rusbire np with sticks w'.en the respondent was safe in his own bouse. Mr. Shaw went on to recoont the evidence tending to show that there was nothinr ia Con ly's co ad Oct to joetify tbe taking of his life. Our theory is that the whole affair was a short one not a ncby one. Mrs. Dinain heard no noise till just before tbe shot was fired. The defence claim noise easdasson . throwinz of sticks singing, threats, angry wards &c M all swears it waa only ten or nileex. minutes after the men passed till the gnn was fired. Mrs. uinnin swears the streets were un usual ly still It is impossible that the attention of other witnesses should not have been callel, if tbe asair was so long and. noisy as the children testify. If then Qanrk's story is true, yoa mast find this man guiity of marder ; the only set of ast- gression by Coaly, tbe kick upon tbe boase did not justify it. Can it he believed that the little boy after running across the street tbat dark night could have seen anything farther? He now tells quite a different story from that bt- lure the Justice, lie then said it was so dark he couldn't see when he ran across the street There is no proof that Conly threw the niece of plank, the boy could not have seen him raise it to throw even; tbe little stick was not foonu till afterwards, and may naturally and probably have been brought b; seme one of the crowd wbo came there presently. It hi shown that there could not bate baen any such striking on the door as to produce such marks as are spoken oi; ami such marks not uncommon oa old build ings. No one testifies as to aay blows on the door; if there were any soch they mast have been heard. The latch may well have been bent by the kick which Coaly gate to the dcor, and was an injury which didn't prevent the shutting and locking of the door tbat night Tbe only way you can reduce this offence to manslaughter is by believing that a stick was thrown ia previously and hit Faalkaer. Now if thrown by a man in fall health and strength would it have made only soeh slight marks as are testified to on Faulkner's foeeT Quirk tes tifies that it was thrown only jost as the gan was fired. You cannot find tbat it was reasonably nejes sary for Faulkner to thrast oat and fire this gun: be was safe in bis house, and no attempt to enter his bouse is shown, or blow given ex cept idc one kmc. n as nis lire in danger? did he receive any injury while bis doer was shut? He could have remained ia bis boose, it was not necessary for bim to go out and attack Conly. No such practice can be allowed to be justifia ble in saeh case Evidence as to character ' of little worth as compared with that of witnesses on the spot Conly might have been quarrelsome bat didn't show much of it here, and a s disposition can have no earing, unless h be 'shown tbat I aulkner knew it and bad reason to fear, there fore. I shall leave the mailer in nn, Kr.l. confident that you, in jortiee, tempered with that mercy due in every case, will bring in such a verdi:t as you can justify to yourselves and to your God. Mr. Ballaeo's Abcctjext. Mr. Ballard, for the defence, said : Justifiable homicide is our theory cflhU case, and we ask your honors to charge that homil cide is justified to save one's life or prevent the suffering of great boddy harm, or for protection or one's family or property from felony; that the respondent must be in:i-e r,r it,. of the ease; that in a man's own premises he is not obliged to Bee or retreat, but has a richt and dntr to stand at the front door. Mr. Ballard here cited authorities upon these points. Gentlemen of the Jnrr ;r ii.. ..m, i. anything. It shows that the one fault of this respondent's life, if a fault at all . bV im. ISS of this man Conly. The ccoi character of Faulkner is boldly shown, both before and after I , , -i .-t, (.uub i;,uiia dnk and then always belligerent. Learning ' Mr R.n. 7 Ti i . . ""lard proceeded to my jtigate Qairk's SS Ph. showing that sven he testU , ?. he Ccn'y were there at Faulkner's , without any right, aad ordered off; that Mrs. i Faulkner and her little girl were frightened be, cause they knew what sort cf a nan Conly wss and that Qairk's testimony was contradicted by Billy Faulkner and Mrf. Dinnin, and that be contradicted himself. He claimed truthful ness for the testimony of the ehiklrtn, and, re citing the riicumstancts of the affair, claimed that tbe attack on tbe door was proved; that every one of the witnesses was frightened, and with reason ; tbat Conly was in vain ordered and begged to go away, and that Faulkner eoold have done no less than he did, in self defence. lie read from Blockstone on self defence, an I nrged that Faulkner's life was Ian rally taken . that tbe safety of tbe community deataitdrd that ruffians should know tbat if tbey made attack uton men's houses and persona it was at :h risk of their bves. lie claimed tbat if there were any joui .. atiout the matter tbe prisoner is entitled tu tL benefit ef them, aad to all tbe sympathy and py of the jury. Thw is net murder; never was marder comm t ted when the murderer waited, for his victim t make aaattaek thus upon him ;it not manslaugu ter, but homicide, and that as justifiable as any snob act ever could be. Consider, theref. rs, gentlemen of tbe jury, this case carefully m. 1 well before yoa venture to decide ftcaiut -man. All that 1 ask for him is that consiirri. lion which his case deserTSs; and let your diet be according to yoar oaths. MB ntEXCa's ABQITXXST. J. French, Esq., for the defenee, suln..!tti to the Court twelve points, as fcllos : The respondent regtsnts the Court tu jl.ar thejary L Tbat in order to constitute the act of k..I. ing in this case murder, the jury most find thv. it was done with deliberate, premeditated n. .. ice aforethought II. That it was done with a formed des.gc :' taking the life of tne iltiotaml and without fictent provocation. III. That it was done wilfully aad wi'.L.u: snfficient provocation. IV. That whether or not tbe act of killing in this case was committed with malice aforethought is a question of met tor the jury to be deter mined from all the evidence in this ease. V. That if the jury find that the respondent without a previous intent or intentional prepar atioa to kill Coaly was smacked by Coaly, anl waa struck by him or hit by a stick thrown h Cooly, and thereupon the respondent in the heat of passion, took his gun and shot Conly, ;h. jury should not convict the respondic: , : marder. The additional points, sevn in number, sl mined by Mr. French, we are obliged, for w ,r. of space, to omit. Mr. French further a: i Gentlemen of tbe Jury ; If our idea is err. . , this man is net guilty of anything. He not look like a murderer, he has been tr to be a peaceable, saber snd quiet man, an i no ocraatnn to commit crime. Mr. French reviewed tbe testimony an l . acteriaed Conly's conduct as simply Jaoji, , no way to be excused except by the pita . he wa full ot beer and rnmnd fully just : : Faulkner in snooting him The quest loo it character is imperial. Mr. Engleaby should kick at my door I tb .. have no right to shoot; bat if Xuk Bniuel. this murderer Lavigne should hate come, as not justified in using snore stringent meisur, than before .'Now that Faulkner knew lotn -character is shown. He could not retreat, t .- was no other door: and how long would any jou wait after soch a blow in tbe face, t , : getting year gun? This gun was already lua It- aad its ase indicates nothing of "a heart l , i of social duties and bent oa mischuf." I' r,'. and Qairk retreated, it is said; yes, perLap- 1 . feet, aad then Conly came back again. We v that Faalkaer beaid him. looked out and i him go to the wood pile and pica u: tbis piece of plank to throw.acd shtt b.ni .n act of throwing. Mr. French compared Qairk's testimony w -that of the boy and the girl. If these wit:.. -ses told tbe troth. Quirk lied, and there was . end ot his case. . Tbe question whether the respondent h. forfcited his life, cr done only what he cue If yon think him guilty for this, his first a: . last fault, yen most convict him; but whit -his good character worth anything if not c It is for yon to say, considering Conly's char ter, whether Faalkner did anything wrong. I hold that he has dooe exactly right, anf with a verdict acconling to the tacts aad your oath the rmamoaity will be exactly larisacd. Ma. Eacusnr's AtwranraT. After making a few points to be laid by the judge before tbe jury. Ma. Ekousbt, for the State, spoke as follows : Gentlemen of the Jury, it seems to mv that there has teea an attetapt to have this ease ie cioeu upon sympathy ana not upon Etct 1 d. n. t agree with the gsatlemes on the other side that a man may be shot upon slight provocation. Hu man life should not be c nsidered of little wrth in this common itv,and you should shew by v ur verdict that yon have no sympathy w.th the contrary sentiment The gentlemen on the other side attacked Qairk, but endeavored in vain to impeach his testimony. The evidence shows that be ar i Conly went to Faulkner's on a peaceable erran f aad made no special disturbance. A blow on lbs door from such a fog as is produced wouli have broken it in; nor eoold it have tailed tu saake worse marks on Faulkner's face, if it had hit him; while tbe stick we shew to have been in Conly's bands, and thrown just as ihe gun was fired.was adapted to make such marks. There is no evidence that Faalkner was in danger of his life or of great bodily harm: and to sav that he had a right to kill another against whom he had no hate, no reveage.no affray, is prepos terous. And that his action was sufficiently Je li berate is shown by Maggie's testimony that it was ten minutes after the blow before her hither fired.Faulkner knew nothing of Conly's character for the latter had been in town but a tew lav All the defendants can hope to rely on for jus't, bcation is the interview that night at his bouse, and there is nothing to show but that if Fau.j ner bad staid ia k is bouse this affair uever wiu.J have happened; the others had started once go away, and no doubt would have gone, with out farther disturbance. Ths Coargi. His Honor, Judge Pierpoint, then charged the jury that to convict ot murder tbey must be satisfied tbe respondent took life with ma Lce alorettuutcht. wilfully, deliheratlc intentionally, and of that fact the jury must judge. A man is presumed to intend what bis acts imply; and where there is nothing to explain or extenuate the circumstances, tbe law call such an act murder. It tin defendant claims to justify his act, and the evidence is socb as not to warrant a verin: of murder, tne act may be manslaughter. . r homicide justified by circumstances. If ,n tbin esse the respondent shot Conly io t he beat of passion caused by a blow from Conlv. it finding him there and bidding bim go awav, be was anrwrred hy the throwing in ot "a stick; if after again bidding him go away Ibe only answer is the throwing of another billet ot wood, which hits and wounds bim. if, then, under the feeling ot excitement, he seizes bis luaded gun and shoots, the law does not cull that murder. There is not that degree of deliberation and intention necessa ry to make out malice aforethought XI. tbe provocation was not really sufficient, the act may be diverted of tbat dejeree of intent Deeessary to constitute it murder. It m claimed lor tne rapoaoeai tbat the cireumstaaoeK jiKstibtd tbe act ; that qu. -tion is for you to decide. If you are satis fied there wm not justification, yet are saiis fied that tbe act was not murder ,yonr verdict sbonldbe guilty of laawlaugbler , if y ju are not satisfied tbat the act was even man- ssau-nwr, your verdict should be not guilty. Tke Judge then charged the jury in ac cordance mth tbe 6th of Mr. French's points, snying. This proposition is sound ; every man has a right to defend and protect himself, and to prevent an act which be he lievcs is intended to do him great bodily harm. He is not obliged to wait till tb blow is struck. As to what constitutes good and sufficient reason for soch belief, the case must not be judged too strictly ; you must remember that no time is allowed for care ful deliberation, the man has to strike quick, if at alL And the same right exists to pro tect members of his family as to protect himself; the same right also to defend his nousc, even to the taking of life if it is as sailed witb.iatcnt to break in and do injury .u uiui ui m mo. nis nouse is his castle, and he has a right to defend it from Hitside " . . lo uc,cna " ,rom o"1' . 5?mcr.n need not retreat from the thresh. uiuu, uc wuat mat cnaracicr waa ; lor it mi--ht be an imnortant fact as influencing v ehl of the assailant, he would do o one can but he so influenced, it is human nature But if the defendant did not know tbat character, it can have no weight, for he conld not then hare been influenctS by it