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wit J 4 his iii nl duties (hat proper degree of merciful feeling which should ever lie tho accompaniment of justice, seemed to govern his vcr' aclksi throughout that long and arduous trial. It has been asked, and naturally so, why the men that were in the house on the night i the murder, were not brought forward. It -was also insinuated on the trial, by the pri soner's counsel, that the person who was in Mrs.-TownscniTs rootn that night, and tha one that Mrs. Townsend let in at three Vjhut in the morning, by which fortunate circumstance the murder was discovered, oral the fire that had been kindled in Ellen Jewelfs room, prevented from extending to and destroying others, could tell, if they flensed, who had couiiuittcd the murder. Vfe have taken some pains to uscertain the facts in the case, and feel certain that o person could have conducted the trial -with more ability or with more caro than were exhibited by Mr, Phoenix and Mr. Morris. In the house that night, besides tho .girls, there wero six persons (men.) Tire one spoken of as Frauk Rivers, iwo stran gers, (genteel men) a young man (a clerk in the cltj ) aud two others, (young mei chants of respectability.) Immediately, on -the alarm being given, us ia natural to sup .poso, (bey all fled, alike to prevent expos.iro as to avoid the dangerous scene. The gen tleman that was with Mrs. Tow use ud is one of the latter, a single man of good business standing, and, with the exception of the cloud that this might throw aroind his good name, one that stniu'.s well with his fellow lion. The District Attorney endeavored to procure lus e idence. He deciared that he could state nothing; he knew that Mrs, Townsend got up, and in a short time he heard the alarm, but left the house imine diatelv on the watchmen coining in, or as soon ns lie possibly could, lie said ho could do no good to bring him on the land would injure himself and his DUSh aess end he prayed tho District Attorney to spnro hirti tin; disagreeable task. A coo Rultaliun was held. It was foiinH, as ho had stated, that his testimony could be of no service that to bring him on the stand would have no effect in subserving the aim of justice, and that it would be cruelty to in flict upon liiui the stain that lie might possi blw endure. It is feared that too many men visit such places; their safety is in con cealment. The name, in this case, would have been blazoned to the world, and the blow could not cosily have been recovered from, llu was not brought forward. The young men whose names were un known, had remained in the room with their girls until the alarm, when they also got away as soon as possible. The young mail spoken of as a clerk, was also in one of tho rooms, and was roused from bed by tho alarm. Ho could state nothing as to tho facts further than that tho alarm was gicn and that he lied, as early as possible, terri fied at the sound of fire aud murder that pre vailed, lie was of respectable connexions, plead, with tears, not to be brought on the stand, as it would, he said, destroy him in the estimation of his employer and his friends. It was found that his testimony would be of no possible service, and he was not called. The fifth that we shall speak of is a young merchant in the lower part of the city. One who stands well in the commu nity, and whose evidence would have borne very considerable weight, lie was the one that Mrs. Townsend let in at three o'clock in the morning, and could, as he stated, have testified to seeing the lamp in the back room, and hearing Mrs. Townsend give the alarm of fire and of murder a few minutes after he came in and went to Elizabeth Sal ter's chamber. (The latter testified to this effect on tho trial. It will bo remembered that there is a defect in the law relative to 'compelling the attendance of witnesses. The coroner has power to bind over any that may have been present when an in quest was taken, whom he considers of im portance on a trial. Tho District Attorney has no power of the kind, lie can subpoena and he can lino for non-attendances, but there his power ends . In the present in stance he did every thing that the law ena bled him to do to secure the attendance of this witness, but the gentleman said that worlds could not tempt him to come on that stand. Although a single man, there were circumstances in his case that rendered it peculiarly trying for him to do so. The District Attorney sent an officer to his store to subpoena him, and endeavor to induce ium to appear. The officer was told that he had left the city. The District Attorney then dispatched the officer to the upper part of the state, where it was supposed he had gone, and other efforts were made to obtain his evidence, but equally in vain. The v "Coroner hod not bound him over, as he was not a witness cn the inquest, and the Dis trict Attorney, at the appointed time for the trial, was compelled to .proceed without him. The sixth young man was the person who fliad been with Ellen Jewett,and w hom Mrs. 'Townsend, Elizabeth Halters and Emma French declared to be Richard P. Robinson, known to them as Frank Rivers, a mime which it was acknowledged by others he had assumed, on his different visits to the 'unfortunate girl. The public is not yet in possession of all the information, w hich, as it appears to us, 4hc causfr of morality and justice imperious ly demand. Will the people of New-York be satisfied, under all the circumstances and with certain admitted facts before them, that the district attorney did all that his rcs poasibliliiv to tbeUte required, merely oa the declarutioM twfe effect, of two or threo editor who doubtless honestly belike what they declare! It strike us, too tfcat there i was a manifest intention on the parte! the Judge, who presided at the trial, prevent tho exHsure of certain individual, whose testimouey ia the trial seemed certainly very desirable, if not essential. There was an apparent artiulity in the selection of witnesses, if not a real one. Why was a voung mail by the name of Marstoo brought on the stand to testify to kit ou tkam while others whs probably could tell as much, were not summoned because tkeif migki lose their characters. Without snyot 1 1 v -e witnesses, w ho might have been obtain ed, the Times says, the district attorney felt abundantly able to fasten conviction open the prisoner, and alluded to Uio letter-, which he was not permitted by the court to offer to the jury. It adds Perhaps there never was a case in which a public prosecutor a id more to contend with than our district attorney had tin that triak For some time previous to its tnkiug place, among other expedients resorted to, colored prints, pretending to ho likenesses of Rich ard P. Robinson and Bile Jewett, wero placed in the windows of all our print-shops, and in every public place where people would allow them to remain These pic tured Robinson as a beautiful, modest youth, one apparently incapable ol crime, and El len on the other, as a coarse-looking, brazen eved shrew, that would do any thing Nei ther of then we understand, looked any thing like the original, and, we need not say, were too probably placed there for a certain effect. The minds of our young men, in particular, ran, in consequence, strongly in favor of the prisoner, the court room was tilled with his friends, ready to hiss any thing said by the prosecution against bill), or to applaud what his truly talented counsel ininlit gay in his favor. It was in vain the court endeavored at al times to preserve order; the feeling would show itself, when every thing that it consistently could to favor the prisoner, al lowed evidence to be suppressed at the re quest of his counsel, and tho whole, put to gather, truly made up hill work for the ex ertions of the prosecuting attorney. In regard to witnesses, it will be con ceded, we believe it must have been truly painful to feelings, and was injurious to the the reputation of the young man who had been at tho house to be called upon to stand. It was necessary, however, for tho district attorney to bring forward those that he did, (and his heart must have bled at the manner in which sonio.of them implored to be excused,) in order to strengthen the cir cumstantial evidence in particular that of the cloak, the hnnkerchicf, and the minia ture. On this account he brought no more forward, of either sex, than woi ld have been serviceable on the trial. From all that we have read in tho New York papers upon the subject of this extra ordinary trial, we are led into the belief, that it was a farce an entire farce and nothing but a farce a mere humbug, to excite the curiostity of the populace with tho show of justice, and suppress the in dignation of the moral part of the commu nity against those whose conduct, in every thing but the act of murder, was as offensive and wicked as that of Robinson himself. 03- After tho preceding article was in type, we recieved tho Commercial Ad vertiser of Monday, in which the article from the Times is ascribed to the district attorney. The editor presumes, from a full and free conversation with that gentle man, that it was authorized by him, so far at least, as the facts are concerned. Tho editor of the Commercial still thinks that Mr Phenix "erred in judgement, although he honors the benevolent feeling which swayed him, in not bringing upon the stand the paramour of Rosiua Townsend. The object of the defence was to throw suspicion upon her testimony, by that of one who passes as a respectable merchant, it seems to us that ho should have done so. True, it is said the happiness of an "affianced" was concerned; but what was a misfortune which however deeply to bo lamented, ought not to have been allowed to interpose in the path of duty." How the editor of the Commercial can "honor the benevolent feeling" which kept the paramour of Rosina Townsend from the witnesses' stand, and yet think it a misfor tune which ought not to be allowed to inter pose in the path of duty we cannot pre cisely understand. The inference from this apology for the district attorney is this : A merchant of "respectable stand ing" is "affianced," or engaged to be mar ried. In the mean time he frequents the most noted brothel in the city, and is in bed with a common strumpet, while a murder is committed in her house. The district attorney knows the fact, and has the power to summon the profligate de debauchee into court as a witness; but is swayed from that course a course dictated by every principle of justice, and probably required by a solemn oath of office by his "benevolent feeuxg." What sort of be nevolence or morality is this? Benevo lence to whom? to the paramour of Rosina Townsend? What right has Mr. Phenix, as a public prosecutor, to allow compassion for such aa unprincipled fellow to interfere Ijl ttirli hit official duties? Benevolence to the female to win in the adulterer was "af fianced?" What sort of tiene volence is that which, by screening the rascal from cxpos ure,lhrows him into n matrimonial connexion with an innocent and lovely woman. reek ing from the stews, with pollution and filth of body and mind enough to entail misery aud disease upon a whole generation? Be nevolent feelings indeed! Was it a sister or daughter of Mr Phenix to whom this respectable'' merchant was affianced." (lltl'l I.Alt, TO RECEIVERS OF PUBLIC MONEY, AND TO THE DEPOSITE BANKS. Trtasurii Dqxirlmtnt,July 11, 1836. In consequence of complaints which have been made of frauds, speculations and mon opolies, iu the purchase of the public hinds, and the aid which is said to be given to ef fect these objects by excessive bank cred its, and dangerous, if not partial, facilities through bank drafts and Bank deposites, and the general evil influence likely to re sult to the public interests, and especially the safety of tho great amount of money in the Treasury, and the sound condition of the currency of tho country from tho further exchange of the national domain in this manner, and chiefly for bank credits and pacr money, the President of tho United States has given directions, and you are hereby instructed, after the 15th day of August next, to reeeivo inpayment of the public lands nothing except what is directed by the existing laws, viz: gold and silver, and in the proper cases, Virginia land scrip; provided, that till the 15th of December next, the same indulgence heretofore extend ed as to the kind of money received, may be continued for any quantity of land not exceeding three hundred and twouty acres to each purchaser who is an actual settler, or bo mi Jul V resident in the State where the sales are made. In onler to insure tho faithful .execution of these instructions, all Receivers are strictly prohibited from accepting for land sold, anv draft, certificate, or other evidence of money, or deposite, though for specie, unless signed by the Treasurer of the Uni ted Slates, in conformity to the act of April 25, 1820. And each of those officers is required to annex to his monthly returns to this Department, the amount of gold and of silver respectively, as well as tiie bills received under the foregoing acccption, and each deposite bank is required to annex to every certificate given upon a deposite of money, the proportions of it actually paid iu gold, in silver and in bank notes, former instructions on these subjects, ex cept its now modified, will bo considered us remaining in full force. Tho principal objects of tho President in adopting this measure being to repress alleged frauds, and to withhold any counte nance or facilities in the power of tho Gov ernment from tho monopoly of tho public lands in tho hands of the speculators and capitalists, to the injury of the actual set tlers in tho new States, and of emigrants in search of new homes, as well us to discour age the ruinous extension of bank issues and bank credits, by which those results are generally supposed to be promoted, your utmost vigilance is required, and re lied on, to carry this order into complete execution. LEVI WOODBURY, Secretary of the Treasury. APPOINTMENTS BY THE PRESIDENT, By and with the Advice and Consent of the Senate. Lewis Cass, to be Envoy Extraordinary and Minister Plenipotentiary to France, not to bo commissioned until notice has been received here that the governmcntof France Ims appointed a minister to the United States, who is about to set out for Washington. William P. Van Ilenssellaer, of New York, to bo Secretary of Legation to France. Andrew T. Judson, to be judge of the United States for the District of Connecticut. Charles K. Gardiner, to be Auditor of the Treasury for the Post Office Dspart ment. Joseph Balectier, to be consul of the U. States for the Island of Singapore, in the Malayan sea. Henry L. Ellsworth, Connecticutto be Commissioner of Patents. Carey A. Harris, to be Commissioner of Indian Affairs. j Ross Wilkins,of Michigan, to be Julge of the United States for the District of Michi gan, j Daniel Goodwin, of Michigan, tot be At torney of the United States for said Jfistrict. Conrad Ten Eyck, of Michigai, to bo Marshal of the United States for a ud Dis trict. The commissions of the three Vast named officers to issue, when the state jf Michigan shall be admitted into the Uiusm, according to the provisions of the act 'to establish the northern boundary line of Jftic state of Ohio, and provide for the admission of the state of Michigan into the Uniotn on certain condi tions." Thomas II. Kenah, of Georgia, to be Marshal of the Unitel States for the District of Georgia. Samuel D Kinr to be principal clerk on the public land, under the act for reor ganizing the (iujiieral Land Office. Mead Fitzhgh, to be principal clerk of private land ojkums under said act. John M. Muorc, to be principal, or I clerk of the surveys, under said act. Hudson M. Garland, to be Recorder of the General Land Office under said act Wyllis Silliman, to be Solicitor of the General Land Office under mid art. Diou. Com i n An Englishman ha lately erected on the river Theiss in Hungary a mill in the form of a colossal man' the head being the dwelling house the eyes the windows the nose the chimneys, and the machinery in the ImrIv, driven by a stream of water from a canal in the form of an immense bottle emptying into his mouth. SOUTHERN TELEGRAPH. RODNEY. Ttirvday. tnffiut 1B, I ASM. FOR PREMDEJfT. II I II L WHITE, OF TENNESSEE. FOR I ICE PRESIDENT, JOHN TYLER. fr Wo are authorized to announce Mr Wilson Wade, as a candidate for Major of this Regiment. We are authorized to announce Grf.kn T. Martin, Esq., as a candidate for Colo nel of this regiment. The supply of paper which we have heen ex pectins; for ome time past lias tit length arrived, but came too late for the present iniuiher. Wa hope for the future never to be under the ncces- sity of making apologies. Nothing now from Texas. There wn4 be no fighting until next fall; and it is more than probable, before that time arrives, Texas will be free. Con. Felix Huston, with a large propor tion of his men, has returned to Natchez. On account of the small space allowed us this week, several editorial articles have been crowded out. he w Firm? LATE REMOVAL, AW) FRESH GOODS. JU. EVANS bogs leave to inform his friends anil the public in general, that ho has lately taken into copartnership, Mr. HknuY Clayton. Wo beg leave also to inform the public that we have lately moved to tho well-known houso formerly owned and used by Wilson &. Allison as a Dry Good Store, and late by Mr. John Payne, where they arc now receiving from New York a fresh and splendid Assortment of Goods, Consisting, in part, of Blackand BlueClothnf Black, Blue, Gray and Striped Cussimere and Cassinetlj Blankets, Flannels, Eastern and Kentucky Lindscysand Janes; 4-4,7-8 and 3-1 Heavy Lowells; Brown, Bleached, Apron and Furniture Domestics; Irish Linen, Cambrics, Jaconets and Ginghams. A general assortment of Plain and Figured Silks, Circassians, Muslins, Bouibazins, Bombazets and Plaids. Fancy Silk, Chally and Morino Hand kerchiefs, 6fc. Worsted, Buff, Cotton, Linen, Kid, and Silk Gloves. Caps, Bonnets, Artificial Curm, Slc. Tortoise, Silver and Brazilian Tuck and Side Combs, and Silver Head Ornaments. A General Assortment of Clothing, adapted to the season. HATS Drab, White and Black Beaver, Castor, Roram, Silk, Wool and Leghorn. SHOES. A general assortment of La dies' and Gentlemen's Shoes Gentlemen's Boots. Assorted qualities, &c. HARDWARE, Mill, Cross-cut, Hand and Tenant Saws, Patent Balances, Spades, Shovels, Chisels, Augers, Bench Planes, Collins' Axes, Grub bing Hoes, Cut and Wrought Nails, Draft Log and Trace-chains, Bowie & Crocket Knives ai d Arkansas Tooth-picks, Pistols and Guns suited for Texian emigrants, &c. SADDLERY. Patent Railed and Com mon Side Saddles, Gentlemen's Spanish, French and English Saddles, of superior qualities. Saddle-bags, Bridles, Martingales, Sursingles,Girths,&c., Coach, Druy,Riding and Negro Whips, Riding Switches and Walking Canes; also, a lot of Saddle Trim ming. GROCERIES. Old Port, Madeira and Claret Wines. Champaigne Wine, in baskets. Champaigne, Cognac, Domestic, and P. Brandy. Family Soap, Patent Tallow and Sperm Candles, Tea, Coffee, Double-refined Loaf Sugar, Spanish Cigars, Honey Dew and Small Plug Tobacco, Fig Blue, &c. A general assortment of CROCKERY and CHINA; also, of GLASS WARE, &c. together with almost every article to be found in Dry Good houses which we offer low for cash, or to punctual men. The" public are invited to call and exa mine our stock and prices, and patronise us, so far as may be consistent with their own interest and our merits. Rodney, August Rj, 1S30 27-tf