Newspaper of The New York Herald, March 28, 1845, Page 1

THE NEW YORK HERALD. vsi. xi., no. m?_wiu*io ??. ?M8. NEW YORK. FRIDAY MORNING. MARCH 28. 1845. Prlc* Two ConUu Trial of Rev. Joy H. Fairchlld, On the Charge of Adultery with Miu Rhodt Davidson. [From the Boston Time*.] March 24?Aftirnon Session. Id the afternoon, at half put three o'clock, the examination of Rhoda Davidson wu resumed. Her countenance rather indicates modesty, but her manner of testifying neutralises this impression somewhat, being rather flippant and confident. Khdoa Davidson, (examination resumed.) I ar rived at borne Saturday afternoon, and received a letter the next day from the Post Office. It was destroyed A second was received and not pre served A third wu received. This is the one, (a letter shown in court.) This letter had the Boston post-mark. Mr. Parker then read the letter, which was admitted to he Mr. Fairchild's, although ano nymous. It was addressed to Miss Rkoda David son, Edgecomb, Me. (lsttbe ) I now write you another letter, not for the pnrpoin of driving what you say I have done, tor that denial I have ?ndV lroia the beginning. I with to say nothing more upuD the subjsc;; wh.it u se been dona caunot be undone. I have not he rd or.e wot 1 said about the matter by any body ; hut it ii i>os?ilile that I may have iomo enemiea who would be glad to iniure me by exciting suspicions against me, if they should hear what has happened to you. Tiie possibility ot this gives mo pain. On tnis account I now write You and your father are under the strongest possible obligation to protect me from all harm ; you are never to mention my name in suoh a way as to lead any one to sns;ieot me. Your father must never let it be known that he has ever seen me or spoken to me on the subjrct; atid you must de the same. If any qnestion should ever be asked me reapeoting the matter, 1 shall be ignorant ol' the whole subject, and so must you be. I shall revtr 1st it be known that I know any thing about it, and I shall expect yeu to do the same. It was solely on ih is condition that I agreed to what I did. I should not have done any such thing if you and your father had not given me your solemn oath befora God, that you would ase zne harmless, that you would save me from being sus pected. In order to de thia, you are never to let it be known that 1 have ever exchanged a word with you on the subject. Your father teld me that ho considered it his duly to save melrom harm at mueh as it was to seek the anlvstion of his own soul?and yaur duty la the same Tell your father not to talk about the matter to your neighoors or to any body, for he may let drop some ex pression which will excite suspicion. II A wise head keeps a olese mouth. If you write any letters to your friends, never allude to ma in any way. You run t never write to mo at all. if people should ever guars - ' u: the matter, tell them to guees till they ere tire, (i Hey nothing to thorn ; bnt If they should hap pen t ' -s ms, then your oath binds you to clear me. The ij true nf your father. I hope what is past has been {< ??g.yon of God, but if you violate your oath to me. i;oa must expeot the eurse ot God upon you. Think ol the consequence ot doing so. It would not only ruin me, but it would gcatly injure you. I should then never be able t j da .try thing more for you I have alwaya treated yon kindly, and can you have a heart to ruin mo 7 I do ft. !ie?e thai yeu w'll never break yeur promise, and never g-vs roe any mom piin and distress, i have suf- i f<red bt yard expression already. Don't add anything te it , .ill yenr father that I consider him bound never te tat ana mortal anew that he has ever seen or spoken eu? word to roc en the subjaot. for ( sbsll never let ii b? known 'hut 1 havo s*eu bun. If any person should ever auk him whether he did not auspeot me, his oath bint hi.n to eteer nt at ones. He must nevsr tell what my tm Bineas is, or where I live ; tell him to say nothing about mouev. If you and he will thus lulAI your promise, yow may be sure that 1 will fulfil mine. Lot me charge you before Gad never to violate your oath and promise. After you hive read this letter to your father, you must burn it immediatsly. Three three letters were all received between the middle of summer aud September or October. My father was absent when I returned home. He re turned. and then went away again, fishing. I did not communicate my situation to him before he went. He returned again on the 1st of September, went to Boston, and came bnck after the birth of the Hulrf I have had no conversation with Mr. Fsirchild since. The witness being desirous to make an explanation about her evidence, was al lowed to do so. I have made a different statement now, m some respects, from what I did before.? How I h tve placed the scene btlio, instead of ia the attic, as I teeuied before. 1 state it now as it w.ts. Mv reason is, that yon msy have the whole trutn, and simply the tiuth. I placed it before in the sttic, and blended both scenes together, for the purpose of making tne story shorter. (She described the .cene m Exeter us having occurred in the. attic.) (Great sensation in Court.) Cross examined, ?I stated before that Mr. F.'s connection with me was in the attic. I was under oayi I also stated then, that hiaconnection with me fust, was when he came to shut the attic window. 1 Kept ihere about a fortnight. It was fronting the garden. All tile other statements that I made are ttue. I think there was a boh on the door, and aot on the door nost, and there was no catch, i take my oath ?f this. There was a lock on the door of the chamber below. Mrs. F. was gone that sum mer about six weeks. As to favors received, Mr. F. said he was willing to advance me money, and he often gave me omnibus tickets and rides. He made the woik easy for me. 1 did not state thisat Exeter, because I thought it wss not necessary. I was told to tell the whole truth, and I did all I thouaht bore oa the subject. I did not think of this I don't recollect whether I said any thing at Exeter about money. I did about omnibus tickets 1 think 1 have stated many things here that I did not state ut Exeter. I remember now many additional facts that I did not remember then, or bsfore the Grand Jury. I don't know that I stated many things at Exeter that 1 have not stated here.? At Ex.-ter 1 remembered the scene as having occurred above, but did not mention it for the reason stated. I said at Exeter that the first communication was in the attic. I also stated it so before the Grand Jury, being some agitated. On refl action, I thougnt it heat to teil tne truth, as it was, so as not to have it give the he to what was actually done. Now I recollect it as 1 have stated it las', and state it as I recollect, (all this was pret ty point d.) 1 stoted at Exeter, that when he came tnio the aitic, it was so dark I could not see whether he was m his night clothes or aot. I did not tell then about covering up my head, because 1 then placed the two scenes together, and because I did not think it was necessary an I told the story at Exeter. 1 could not find a place to have this come in. Now it comes in right. I thought it did no hurt to place the scene ia the attic, although it occurr-d below, because 1 thought morally, it was imrn tterisl. when he came into the attic, it was dark, uiid 1 heard a voice, but saw no man. I did n?i rt.lie at Exeter about covering up my head, on account of having left it out in order to make it blend right. I did not lock my nursery chamber below. When Mr. F. came to the attic, I did not think he meant any thing improper, even when he went away. 1 said at Exeter, as I remember, that Islpt tn the attic. I don't recollect about the question, being twice put and answered, abont the connection in the attic in connection with that in the siudy. After he had connection with me in the room, I left the door unlocked. I don't know that I ever thought of securing my door by locking it. 1 can't tell any thing about it. 1 was awoke by Mr F , saying?".Chick, are you asleep!" He often called me by that name, though I don't know th.it he did before; he laid down on the outside first I asked him what he was there for. He cud he wanted to be where T was. He also said he rtf^.rded me very much. He then got into my bed, seised my wrist and ravished me by force. I thought my last resort was is scream, nut I did not. I resisted all 1 could, end could do nothing bnt scream This wss not d .ne I was afraid ts scream, because 1 thought it wnu'd wake the neighbors, and his cha racter would be injured. It nught have been half an i. .or before ho fully accomplished his purpose. I don't koov, ns it wan more than a quarter ol an hoii'. I can't sum it more definitely. It was plo b-p y, however, in about ten minntas. This was my f-t ??u<ieotioa wuh any man. He remained whU tne about ,iu hour, I think, after having con n ci'ott wnl" me. H< did ihu repent the act. 1 aid not cover up my head below. 1 did it in the fcltic, heruuae I Mt ashamed. I did not suspect any ihiog wrong of Mr. F. when he first came in; and, yet, I said to him, according to my evidence thin morning, that 1 wan alraid he had come there for no good purpose. If I said this, it was only to deceive htm. I was not confounded when he came into my room in his night clothes, although I wad confounded when he told me about my re sembling thai young lady. 1 then thought he waa making too much love to me. When he begaa to get into my bed, 1 thought there was something wrong. 1 thought he wanted to be in my company. He said so, aud I believed him till afterwards; I do not state i lungs in their order, but as 1 recoliect to in tear as lean; Mr. F. overcame me, and 1 resisted us long n? I could do; I did not state at Ex eler thut Mr. F. did aot use lorce with me, but overcame me by persuasion; I answered then that i did not li low us 1 understood what force wae; 1 hn\e in- rd from some individual that it is not force iiiih sa the woman screamed. (Laughter.) It was some man, not a lawyer, but who he was, or where In said it, I can't tell. (Laughter ) 1 think 1 said at Exeter that 1 wae not afraid to go into Mr. Fmrchild's study, because 1 thought I could have my way with him; I think ao now; he used the uoripb rn argument with me in the room below; I thought he waa the beat scholar, but I waa aot as ceived by hia arguments: he used these arguments before he resorted to force; 1 have signed two statements in writing about thia affair; one was at Mr Robbin's in Taunton [Considerable discussion here ensued about this paper, and William Brig ham, Esq , was sworn, it being understood that he had this paper in his possession; he was directed by the Court to bring it in to-morrow.] I was more willing to lose my character than to have Mr. Fairchild injured; Mr. F's Ik use formed one of a double house; some conversation took place after he accomplished his purpose; one time he stated that any lady of his church would think his con nection an honor: I forgot to state this this morn ing; he had family prayers with me after he ra vished me, and he and myself constituted the whole family; I swear about his telling me to pray over the subject of my going away; in his wife's absence he occupied a room over the front entry; 1 still thought him a good man after he had done all this: I thought him a Christian but with wrong views; I stayed to avoid suspicion of him, aad because I thought him a Christian; if 1 went away in hiB wife's absence, people would have supposed he had done something wrong, and I should be obliged to explain the whole matter to Mrs. Fairchild; after the first difficulty with Mrs. F. I stayed because I chose to; as to the number of the intercourses, I stated only what I thought appeared to be real; at the third interview, he used scripture, too ; he used physical force, and I tried to resist him; the third intercourse was one Saturday night in the at tic, after his wife returned: 1 don't know as it oc curred to me to fasten the door; this was about a week after his wife returned; in a week or two he had another intercourse with me; in all he might have had fifteen or twenty connections with me; I wanted to leave for this reason, and partly on ac count of my trouble with Mrs. Fairchild; some times she offended me withont any good reason; I felt kindly to both when 1 did leave; I told Mr. F. I and his wife did not get along welh the longer I stayed there, the more unhappy I felt about it.? [During this and a large portion of the preceding cross-examination, the witness was much agitated and troubled, and at last cried for some time.] 1 remained till May, and Mr. Fairchild treated me in the same way, and Mrs. F. had the same diffi culty with me; 1 remained three days thereafter Mrs. F. went away; before she went away I be came angry about bis remarks in relation to the market, and told Mrs F that I would not stay ihere any way, but I did; I dont recollect whe ther he committed the ontrage on me or not these three days: I then went to Mr. Shaler's; was a member of his church, and had been a professor for three years; 1 said at Exeter that I believed he had a connection with me as often as once a fort night as long as I stayed there; but now, I am noi prepared to alter my statement; he proposed it every Saturday night, after Mrs. Fairchild's firet return; I think he might have stayed with me once a fortnight, but I dont recollect now certainly; ?vhen he proposed every Saturday night, 1 shook ?ny hesd.nnd replied no; hi-h.ibit was to come on Saturday nigh'; I expected him, and somrtiime 1 avoided him by sitting up in my attic, where he was iu the habit of coming; he found me some imcssitting up; he had no connection with mr iheu; 1 did not clways use this precaution, being I'cd; I stated at Exeter that no man but Mr. F ever hid carnal connexion with me, and I state so now; when Dr. Chapin took me to Abington, I was at Mrs. Hoyt's; I was there when I called last on Mr. Fairchild; I occupied the attic, and 1 was obliged to go through a room where the journey men bakers slept; this room joined on mine; I ne ver slept with my door unfastened; on Thanks giving, I slept at Mrs. Hoyt's; I recollect putting on some gentleman's clothes in the parlor; no one was there; they were Mr. Hoyt's; I went down to the kitchen; Mr. Hoyt and Mr. Brown were there; Mr. B. worked abont the bake shop; I retained to the same room, and took my clothes off there. I found a man under the bed there ; thare was no one there besides; I found him under 'he bed, because I looked under; the door was locked when I dressed; when I had dressed I un locked it; J have had a pincushion at Edgecomb, with the pins in it so arranged as to represent the father of the child ; I have shown it to one of my neighbors at the time, Ann Kenney. There were two initial letters on the cushion, one being the christian name of the father, and the other a fancy name. The two initials were W. H. I know a man with those initials; he resides in Brooklyn, tnd is a young man; this was shown to Aon K?n icy about six weeks belore the birth of the child ; this cushion was arranged in mvfathei's house ibout six weeks after! got home ; I don't recnllect .ny conversation with Ann Kenney at the time. I swore before the Grand Jury that at the time at which the intercourse in the Btiidy took place, was ihe time that the child was begotten, and that this time was near the 19tb ; but I am not sure that it was near the 19:h, it was some time between that ind my going to Abington; 1 can't tell the number of weeks between the 19th of December, 1841, and the 18th of September, 1842. On Christmas that vear, 1841,1 was at Mrs. Hoyt's. I believe I wa* there at dinner. I don't recollect of going to church thst day, or of leaving Mr. Hoyt's house. I heard of Mr. Chapin'a wanting a gin one or two weeks before I went to Abington. 1 made the call at Mr. Fairchild's after I saw Mrs. Johnson. I had not engaged to go to Abington, when 1 called on Mr. F. I don't recollect ofstating at Exeter that Mr. F. oever had intercourse with me but once out of the attic; I did not feel afraid to go to Mr. F's. study, because I felt that I could have my own way with him; and I so stated at Exeter; he obtained hia will of me then by force; I did not scream because I did not think of it; I never said at Exeter that I lid not scream because 1 was afraid of alarming uis wife and children; I think Mr. F. is a vicious man now, and that his conduct was vicious then; I reasoned out that adultery was a crime after wards; Hived at Mrs. Twombley's six months; my lather came to see m? twice at Mr. F's; he was kindly treated; Mrs. Esty also came; I never told either oi them that I had been ravished; my sister Ann also came to see me; I never told her; whea I went out this foreuoon, 1 staid in the Grand Jury room; 1 atop at my sistei's in South Boston. The Court then adjourned to nine o'clock to morrow. Nrw York Legislative Summary?In thk Senate ? Petitions were presented for and against he passage ol the excise bill?among the latter, live irom Albany, and one, signed by over 4000 names, from New York Mr. Varney reported hack the Excise bill, no amended as to except Irom ita operation the city ot New York, the amendment being for the consideration of the Sen ate. The bill was made the special order for Mon day next. The bill in relation to bail in the court of chancery was passed through the committee ? >f the whole. The bill in relation to State Prisons was then taken up. A motion to re consider the vote by which the four first sections were struck out, was debated between Mr. Clark, in favor, and Mr. Porter against it. An ef fort was made to refuse the committee of the w1iole to sit again, but wasunsuccessful. The committee of the whole then took up the bill in relation to dis tress for rent. The original bill extended the pro visions of the exemption law to warrants issued in cases of distress for rent. That bill was set aside and an amendment reported by the judiciary com mittee, understood to be applicable to the property of third persons, was considered. On motion of Mr. Clark, the question of agreeing to the report was laid on the table. Ou motion of Mr. Jones, the Senate went into executive session. Iu the House?Among the petitions presented was one by Mr.Oakley, of mechanics of New York tnd Brooklyn, urging the proposed appropriation lor the Northern State Prison, and another by Mr. Carpenter, of a large number of Seventh day B.ip ista of EHrneston, sgainrf the closing ?' lie caual locks on tli* firai day of the week. I> Loe tuh nilted an elaborate report in favor ol he more genera! diffusion of agricultural knowledge and ihe kindred sciences?not without some <'jec'iors, on he alleged ground that it contain' n flections upon outer occupations, professions aid trades. L. 11 Brown submitted a long and able leporton the subject of our educational system, embodying s review of its operations, urging its continuance un disturbed, and recommending the passage of a bill m relation to Teachers' Institutes lor the instruc tion of teachers of common schools. Mr. Jones, from a minority of the same committee, introduced i bill to authorise the supervisors ot the several counties, in their discretion, to abolish the office of County Superintendent in their respeative coun ties. On motion of Mr. Horton, the bill in relation to the Northern State Prison was the special order ior this afternoon at 4 o'clook. The constitutional amendments were then taken up in committee of the whole, Mr. Joneain the chair, and Mr. White resumed and concluded his remarks in opposition to them and in favor o| a convention. The Speak er replied and the house took a recess.?Albany Argut, March JO. Anointments by twe Oovebnor, March 20 - Vtw York?Jbdwara D. Nelson, notary public* vice frvlng Parii, tsrm expired. fttat*-Jos*p? c. Born*, -mistant State aealer of weights and oiraausra, to reaidn t Albany, reappointment. Queena-Johd D. Feeks Judge, viee Denial Kiaaam, term expiree May Ud ?Maboh -M.?Suffolk?Nathan Tinker, Inapeotor of lnu her, re-appointment. Queene? Oliver S. Denton, notary public, uaw appointment t Jarnae i. M. Vaian ina, muter Uehaaeary, vim Weasel ?. tadth, tern expiree ad April Trial of "Big Thunder," the Antl-Kenter, at Hudson. Court of Oyer and Terminer. Hudson, Wednesday, March 36,1846. According to adjournment the evening before, the Court assembled at half past 8 o'clock, precisely. Some delay was caused by the absenee of one ot the prisoner's counsel, Mr. Jordan, whose attendance at the opening of Court was not remarkable for punctuality. The prisoner, " Big Thunder," appears better in health aud spirits now than at the commencement of the tiial, and .here is not much like despair or dejection discoverable in his mien. The District Attorney, on behalf oi the prosecution, called Ambrose Root, who was sworn ?I live at Claverack; was at the anti-rant meeting at Smokey Hollow on the 18th of December; I saw Dr. Boughton there; I had some conversation with him. Mr. Jordan enquired what was meant to ba proved by this. District Ai tob.net (aid that it was proposed to prove '.hat Dr. Boughton was the B'g Thunder, to whicn the Couit assented. Mr. Jordan replied, it was too lute to shut tho stable loor when the horse was stolen; if they proposed to prove he was the Big Thunder oi Copuke, it was proper, but as to bis being such at Smokey Hollow, that had no bearing on the point Judge Pareer decided that the question was admissible; Mr. Jordan would be allowed the benefit of the objection. Witness.?This conversation was at Smokey Hoilow on the 18th December, before his arrest; I was introduced to Dr. B. and shook hands with him; "this is anti ? ent man's hand, I can tell frcm the feeling," said he; he want on. aaying we were in favor of the rights oi the people and oi Polk and Dallas; 1 replied that I was for equal rights, but perhaps our views were not the same; I said if 1 had a cow, and he had 10,000 acres of laud, the aame law and equal rights would pre serve my cow as well as his land; 1 said I didn't like this Jiiguise business: that they took the wrong method to obtain a redress of grievances: the Doctor replied if the Livingstons would do what was right, and stay the col lection of rents, to give a chance to investigate the title, as Oerret Smith had done, he would pledge his honor that not another man would appear in calioo: that he would allay the excitement in three days, and he was the only man who could do it: then he went into the ball room from where we were talking, at the head of the stairs: soon alter he came out again, and said to me something about Polk and Dallas: as near as I c n recollect he said, "we embrace Clay men as well as Polk and Dallas:" that was all the conversation then: I went into the ball room a while,being invited in,by some one not in(disguise,who wanted seme person well acquainted with the citizens of Claverack: he did not tell mo for what purpose: I did not go at ffrst; alter half an hour elapsed, during which time people with and without disguise were going out and in, and a Citizen eame up to me and said Court?All that is inadmissible. Dist. Attorney? It is not objected to, fir. Court?Well, 1 object! to, it; 1 will not receive any thing that is inadmissible. Witness?After half an hour I went in;the door keep, er passed me in; there was no difficulty in going in; I saw some persons in disguise, and some who were not; after two minutes a person in disguise went over to the anti rent room, and touched the latch, and the door soemed to I be fastened; ho rapped, and said "Big Thunder wishes to nnttr, the door opntd. ano he went in " Mi. Jokdin here renewed hit o?jociions to this testi nony as dangerous and loose: Dr Houghton's being b"re when u? resistance wucc-msi'tM, vw f no im potts lice, and could not prove lus identity with the Bik Thunder of CopoUe Any man couid assume (lie fktitj ?out tide oi Big Tnunder. and it wus (he loosest sort ol viderice pus> ible ?ven were i\ conceded that Big Thiiu der was Dr. Bough'on eu this occasion. The essecti.il point was, who was the Big Thunder who committed the .icts with which the prisoner stands charged, and which ook place at Copake, and that was the point to stick to. Judge Pasker said, that as yet wo heard of none bnt one Big Thunder, and his beiug concerned iu several transaotions, it was desirable to make those enquiries . the objection, therefore, was not well put. SiH-cr? 'om? business of their own to tran??riii .V f7 ha<1 J d?uiM, ^n^the^fron t '?^eTo^ -?y a person from K \Ki t!S Xk? ?h?T,Vb' }mdt, ?Ith? ??"&, m?tton?nj"? S"i be out thesi w.Jh I"?1 ?? Sheriff would o arrest B,l Thn-J.?^ of los"erg ?nd Irishmen 53?fr-:"K:^^ tfsE&S&jgEgxsSs mmmm hS?ss?IP^ -hat occasion, Wh? m?hi ?t?n7.?.P?"y 00 ?ASSStAK tor Ik. bud to torn oa tha wrat ,nd"of tha'ataM1*"?" ..fc'^:r?F",r,fasr,-?"-; Mr. Jeausi* ?I object to that, sir .i<w"before *???**?? a, it wa. up and de 'SHSr^ one wlSSbiS *? arrested at Smoker Ho?fcw l7th7sh.r.toi?0Ught?n ?wening of the same day,in the lona baU rnaaT of' ?D the ?sasgSiP PSSHSSsSg^E '-opake? 1 measured you, Doctor-I saw ttfnr il y0U #t size, and your feet * Thi n!.!,,. T W. **<*? y?nr )U thorite he arretted him: the Sheriff replied? bv^vfrtifi commanded Town'toft' 7'"* before we got to it .Muffle fa?'? SSSrWAcia sssssSgSsgss isSaSSSfirSSfr5^ "What property 7? Mii Dr. B ? My ^TfatOTE" replied the Ubortff: to which he mad I m iLwer thJ,'. luard: I loiiiid the Doctor my OTercoat?the on* he had ^mokoy Hollow; the Sheriff enquired of me before he eot rnM SZtt**? Dr BoMghto^ MrMu?n?UhX 1,11 "1?rpi did not nk me to detcrihe him* ?h? as*?* went tip Aral to the back room; tka Sheriff looked at ?,ug t0" nP down; I did not say significantly: I did ? telJMiErtS 1 "m ~ to: when Tdid he r."07,ll1i rth. ?n<ilTh* ?'?? entered; I was within w. re otbe? T. - '*? 1,r """* nP *? Win,-, tha re Ihen h. - , IW - ???. but none between us | Indth^rTw 'l"1 uot ** Vr- Munnell at thi, ,?.' * , lh* "f were the ontj two of our party | ?-;m- .ffl | ??.WT HP t0h,,n; 1 Oou? B^ldinTot wmnt w^t?i ?,M rr,I0:d#"t kQ0W wKatb. r hose - ?I.U" 00Un?V not: they e.ked TJd wTn h??'.?1" "P *r": th? 8h,,r,n 8'k"1 me if ' .74?. 'TJt n. E ,77 ??Kedmymd and assisv ,1 e,? i nr nJ?. ..id uot ,el1 we he had any p-o iwe^nudh?!ifffcBst him: my impression is I shriild Sin! ;,!' h#d the ^eriff iimaken him, I sur. ooutd IhM^TJhi ii! "? f't'Mn to render wbst aid I btarrest^hl^n UI1 himin ,ha hall ?oom that his authosS^? ,?? that1, all I h*rd akont "he dreasT/iiil ^ "'"P^wn, but not certain ..bat that is w^e n"TwenfJ.bJLDdeuLCOUll 001 '?? w??har there not more ihmn ,* it: hut noticed there were lect if the mar?, i # * '^r*# alike:/do not recoi lerant color. w^rl'5,T,77 ,ik"th""'er bo.w m*ny dif" iierhans Dink- hnTf ki^ L MW ,ome * re<1 PMt. ?nd ?nderThe impression l saw' wfh7r.narf'Jntthr?>llMt: '"? iow^Dr II rrt^aiaa ?I?! w wbi<e.an<l ' ^ol aonifl yol tha'i Biw Thnrt T i og ?? hour a longer speech WLtahLSt.nnafffL ^ ttr""?mpd wasabont an hou ; the I"' l*>ck,tio Bif Th,nitl?r>? draaa,?, fl,)nncM w h, ^T '' us pantaloeot: can tell nothing about tha" mh? !? ,! ? would caW his booU of kip ikin or cow hide- lirl-i L lice particularly; cant tell how many ltioskln hoo?. 'ere dt.re: e.nt tell whether hi. were'h jf so ed d" corsred nothing In them different from an ordinary p, ?? hiscap was llh.nk.a low can, frimmad with br.JJfw: I mcmi Dr. Boughton i; 1 doni rentnbor invthinr ahr?>?r Big Thunder's boots, nor his cap If he had so^ on b*?ide his mask; I judged Big Thunder to be neer fl/. foV.^kt ?r nine inche. fit heiglt. did net see his hair ar whlakirs, or nose: I saw hi* eye*: they were a darkish color: I bad heard the story about the Copake affair: I meant that I thought Dr. B. was Big Thunder from all 1 beard there that day from him, from conversing with him and feeing a man afterward* who represented Big Thunder: I taw Big Thunder several time* thnt day, and Dr. Boughton several times, but when I saw the one, 1 didn't see the other at the r ame time: trom such circumstances I formed an opinion they were the same: Dr. B. was introduced to me outside the ball room: 1 saw him on the front piazza, and in the ballroom, and at the end of the little half, where he came out and apologised: don't remember if Dr. B., when he was speaking, held any paper* in hi* hand: 1 sat in the back seat, on the off side of the carriage: the sheriti opposite, and Belding besile me: Wheeler sat on the back seat too: we talked about the anti rent dis turbances a good part of the way along, until we came to Hudson: 1 was examined here before the magistrate*: I don't recollect any conversation between Boughton and the sheriff about his being abu<ed st Copake: 1 may hare said cn examination, that I heard B. tell Miller, the she riff, that be bad only come to make n speech on the ?ut> jectof un'i-rentism, at the request of the citizens of Cls vcrack: I have no recollection that 1 awore, a little ago, to i he conversation between B. and the sheriff', in the car riage, about the taking of property: I might have recol lected it then, but I do not now. Mr. Jordan here proposed to read iiotn the minute* of examinations beiore the magistrates ; but the Court ruled that although admissible, it would be better to deler it till its proper place. .Mr Jordan-You will then hive the papers pre sert, Mr. Distiict Attorney. I will here suggest to the Court that these examinations should be filed ; wo have a ch ik who takes good care cf the reeoidi, and I submit t i<y would bo as secure Id his charge as in the pockot ot the District Attorney ?this is the statute, as 1 can show. Court?The District Attorney says he will have them here as required, Mr. Jordan. Witnrss?I do not recollect what Boughton was talk ing of when the Sheriff arrested him Direct examination resumed?Big Thunder's height was about the same as the prisoner's : I did not point out or indicate in any way, Dr. Boughton: he did not deny or confess he was at Copake. Anthony Austin sworn?I lived at Copake Flats, on 11th of December, as bar keeper for Mr. Bain .tavern keep er : Boughton waa there the night before : he came a lit tle alter dark : M C. Belding came with him, and some one else I did not know : they stayed there over night: taw them take breakfast there next morning about eight o'clock: I saw them next in the afternoon about font o'clock : they did not take tea, but atayed overnight, and left about ten o'clook next day, in a one horse wagon : none were with them. Cross Examined ? Belding had been several timea there beiore, and fioughton too, both together and separately : Dr. B had been about there for a week : I believe bia bu siness was to form an unti-rent association : I heard him nddre** a meeting on that subject: heard him speak oncu at Copaka nearly two weeks before. Mr. Jordan.? What did he speak abont 7 Attorney General.?I submit that is not competent evidence. Court.?I think not. What do you propose to show Mr. Jordan 7 Mr. Joans*.?lttaai been attempted to be ahown from tbe prisoner's speeches that he waa endeavoring to raise disaffection anil diaturbance : and I mean to ahow that he advised legal and peaceable means The Court.?What took place at a meeting two weeka before is not relevant: 1 will note the objection Witness-1 did not see any baggage with Boughton tben : it waa the ordinary hour for breakfast. The District Attorney objected to counsel asking witness if he knew where Boughton was going. The i/Ourt it so without the rule of evidence sua cep'ib e of two constructions. .... .. . I sbw with the str?*w Jiprhtffli noticed liio 11 diviJtial celUd Big I t under in me rii g: Law the ef five bill 111 th* rr ' the?r<hi.( I tin k to b? the S.ime Bi Bl* Tuundei : i saw the fl'S' ot the disgtimd men about 1ft o'clock : 1 was about three or four icds from tliem a her tliey were busy with the ? fti*y : I l?k> d atth. m a vtr> short time: there were a good number in the bat ioo*. ; the window through which I looked is on the siJ" of th* bar : there appeared to be one who took the bad. aod took him to be Big Thunder : ft looked like him : I had seen him before, in the morning, out on the square : 1 did not notice particularly : 1 did not know the man: I never saw him before : I don't know as ever 1 did : I think 1 did though:about 4 o'clock they cut the effigy down oil the rail and tore it to pieces. Crott txaminti?l think 1 aaw Big Thunder iat a meet ing at Copake before that: I don't know who Big Thun 'er waa but a man pointed him out to me : I thought he waa the same BigThunderwhoburoed the aberifl'a papers: hit dress appeared different,but hia size and (movements ,ke same: at this meeting two weeks before, when I aaw Bir Thunder, I aaw Df. Boughton at the same time: he appeared from hia size. gait, and figureto he the aamo man that I aaw before In disguise, and that man waa not Dr Boughton : I did not know that man: I heard but torget the name he was called bv when in citi Ten's dress: he lived in Rensselaer connty : when this chief was cutting up hia fanthgoca about the effigy, Dr. Boughton waa in the bar-room fn citizen's dress. Direct resumed.?Big Thunder at the meeting two .veeka before the papers were taken, had on o light co lored calico dress : I heard several calling him Big Thun der when he waa in disguise, and when he waa not : 1 saw him once since in Hudson : he had on a sort ef a bead dreaa, fonr wires run upbefore, and then a ring at 'lie top trimmed with some kind of cloth, light colored it strikes me: when he was in disguise no more than one person told me that he waa Big Thunder: 1 dont know who told me. , ,, Crass fxaimincd ?The mat who told me about Big Thunder said he was from Xenasalaer county : several others from that part were the.-e-all strangera to ma The < ourt here arc se for dinner. At two o'clock the Court again eat, and John T Bosh was aworn-f am deputy sheriff in the own of Gallatin: I saw Bourfiton on the 30th of Novem ber in Mr Freligh's, in Gallaln: I had some conversation with him: he asked mo if I was deputy ?heriff-if he could see me in a room 1 ant I said he could : after gat ing into the room ha introdwed himself to me: asked my came: I told him: I asked Mm by what name I should know him,and he replied,' Iig Thunder:" he told me, in u?wer to a question, that It vas Little Thunder who was with him in the wagon?tha is, M. C. Balding: be '"id his business (here was to addess a meeting there: that he red bean in several of the tovns, and had formed commit ?ees to aet in the Ohti-rent business: he spoke about the titles of the Livingstons, ant said thoy had more land in posseision than they had titfei for: he asked me 11 1 had .,ny distress warrants in my isnds lateiy to collect rents ? I told him I had not for some time past: he then asked me now I thought I would act if called upon to act, and met with resistance: I told him I'conld tell belter after I was ?rled or something to that edict: he then went on and said to me I would not be hurt.bu| it was better if I was rtet.to hand over the papers peachy: it could he easily done- 1 hink t told bim that they wire getting up a desperate set >f fellows engaged in the mdter about there: that some ot them ceuld not read nor write, and likely would not be satisfied with the papers if Hey were handed over to them peacably, as they might wait private papers: he replied they would r.ot be dcsnerati fellows, but gentlemen who vould act prudently: he spike about Rensselaer county, ? here'he Sheriff^ papers Wire tsken without trouble or injury and the same mightbe the case here: we did not alk a great while: hetalkdl about going to Clsremont and Livingston, andseverafplaces where he had engage nents, and invited me to Btideck's, where there was to be a mevting, and aome oftttir older chiefs were expected. I told him 1 shouldn't like ti give up my papers : he left ie room, and crosaed the clerk to where he waa to speak, ,nd 1 went that afternoon H Dutchess county. Cross examined -My faker's name was Joseph Tar Bush : 1 am not a farmer: I am Deputy Sheriff, and have carried the mail for the last fenr years : I had worked on ,i farm for thirty years beore this : I had worked at car penter's business a while,and kept a grocery in the town of Gallatin about two yeas: I worked under a man called Oilmor, end another callel Schook, as a carpenter : when I had no work I took can of my family and played : in Oallatin 1 kept a drinkiig shop: I made some money there: there was no gamUiog in my shop : the people in my shop used 'o convertta littla on both politics and re ligion : when I got this I :ook a mall contract, and waa Deputy Sheriff: I took the mall contract from W. Y . hkmberltin, of Union fontre : he was one ef the Big l earn : I carried the mailfour years in July, and cany it vet; in Jauuary, 1941,1 began at Deputy Sheriff si fre quently call in and do btsin as in A. F Miller's : I take i horn there : very sebSm get hot: I have spent very little of my time fox hinting for the last four years : lont attend horae racea ir cook flghta : I am opposed to them : I have no farm, bit a'-out an acre of reel estate, with buildings on it. sjere I reside: I have bean the owner of it six years ttes spring ? ' PT? AbJ Miller $130 for It: I have a litle personal estate, $000 or $000 perhars. consisting of a forse, wagon, harness, sleigh, a c m pis ot tows, and the test in notes. Tuo Court stopped thte rxsmlnatlou into the man's cir cumstances, as a waste d time. Mr. JoaosN? I want U try him as porticiilsrly as if he was one of the party. 1 know what 1 am about. Couar?Undoubtedly,and w# will see that we know wh at we are about, well note your objection. Mr. Joa?AN replied that he wanted to impeach the evi <1 uic?, es thet oi a man who had no property, nor occupa ii(H,-sbo was Mle half and drunk half of his tunc The Court -You can't prove that in this case, for the v iiuii h*s b??j, rxtmin"! on these points. Witness--! was never sworn on 'his subject before; I vns not at Copako, but h>"srd of!?; I b? ard i f the arrest o* Bnoghton; I wis ;n iftidson when h" was b oneb1 lu< I saw sgr at many citiient, amnng them H ?' Miller; I staid there trom Wednesday tilt ?fo'nrdsy; I * nothing in pellicular dnring'h. t line. 1 waa naked to stay by the Sheriff, wto told me he want< d some he u snout the Jail, where 1 staid oae evening don't r en 1 ct w ?. a I staid all night and eat up all night; then her two r.uh's I stopped at Rogers'; I paid for my board myself; I v. ?? present at the examinations; 1 heard part of thei evidence of H C. Miller; I rode home in company with Doeh-r I toss man; I saw Boughton but once there, on I think Thursday about 13 or 1 o'clock; I went to Dutchess Go. to take.up a rote ot mine; immediately alter conversing with Boughton I mentioned it to Wm. Hoygradt?othere might have heard R; I think Jamea McArthur waa in the ioom;l dont recollect any other I told ?? ?>*?? irlct Attorney to day; I wai subpmnerd here Freemen Uossman a week ago; Dr Boughton might have,been In tne room with me thirty mlnona; Beldlngremained1 ini the h ir room; they both came in together; I had never seen Pim before, hut have since; when the Sheriff hem into lingers' I knew them to be the same men 1 had een in Gallatin; Wm. Hoysradt, James McAtthur and Mr B'.iding and others were in the bar room whan I VMr? Jo * oils- New, Bnsh.were you n> t dnink Judge r*Rsca?Mr. Jorden, thst is not proper-the ivltr.ess most He called by his nsme Mr Josn?N?I submit that I havei?dM him by hi. nim"?'he name he bs? sworn to, end 1 d aw. ar it t o Judge P?aa*a?Vetr wUl; tte.t Is the fiew of the Court, es I have 0Mm. Mr. Jobdan? Doe* the Court decide that I am not to | ''.all the witness as I please 7 Attorney General.?Certainly not. Judge Passer? Not at all; the witness must be address- ! ad properly; 1 will note your objection. Witness?I did not tell the sheritf when he was trying to identity the prisoner : 1 don 1 know why 1 did not tall him : I had no conversation with him about the matter . I did not drink any that day : I have been in town since :hey were an ested, and saw the sheriff lrequently: I have w a great ileal about the iaid I thought 1 did not know u great deal about the busi ness, since 1 have been subpm iaed: I have said so to John dilve rnail: 1 dont remember to have told anybody I was ubpoe.iaed : 1 think Mr Boughton called up some whis key at Freligh'a : four or five came up and helped him to Irink it: 1 don't know whether they knew him or not, or who ?pi ko to him : I was not introduced to him farther than that Mr. Wheeler told liim I was a deputy sheriff: there was a meeting at Gallatin that day, and Dr. B was 'o address it: I know J A Kockfeiler : I did not tell him I yanked Boughton out ot the carriage. Direct returned-The sheriff never said anything tome .i It out this conversation : 1 was not at Copake at ail, and have no knowledge of that transaction. George Bhavkk sworn?I live in this city) and did not live there on the 11th Dec.: I went out to Copake Fiats with the sheriff, who sent lor me to go : we started a lit tle after 7 : I went from Copake Flats 1} miles belew lojtwo farm plases; the sheriff was going to: at the se cond place tne folks were in disguise, and some dressed aa we are here now : the disguised men were armed with guns and pistols, and hatchets, and two men there had big, long carving knives ; (laughter, which was repri manded by the court,) the sheriff got out at lh? second larm house : I saw a man there who called himself Big Thunder : the first I saw I was standing before the hor ses : he had a pistol up this way, you know, cocked rath er strong, you know, and then he brought it down and said, " I demand them papersI did not hear him cock the pistol, but saw bim put bis thumb oa the cock, tnd cock it: he was very near the sheriff: I was holding the horses : the sberiff looked around to me once : I thought his color was changed : I thought it looked whiter than before: Big Thunder pointed the pistol at him: I was frightened, and thinks I "there is something going to be done here any how :" (laughter)?the horses dan ced a little as the Indians danced round and made a little noise : I could'nt say anything about a rote being taken: I saw the Sheriff give Big Thunder four papers, I think : he tucked them under here somewhere! I came on from that to Copake Flats: the Sheriff and I dined there and returned home together. Crete examined? ? We went through Claveraok and Smokey Hollow to Copake; I did not discover that the Sheriff was a little frightened when he got over the manor line; I didn't feel scared at ail; but when I saw Big Thun der, oh ! (much laughter) when I saw the carving knife it made me feel as if things were not right, nor goiag on right; 1 know what a sword is, and a carving kniie, too; 1 saw guns there, you know, and pistols, you know. ? Mr. Jobdan -I don'tjknow anything about it, (laughter.) Witness? And swords, you know, (renewed laughter,) ihe Sheriff acted as 1 thought be always did until? (Attorney General?bold on now)?I'll hold on; he was rot afraid, I think; I saw no sign of his being afraid at the Flats; he looked as he alwas did; I told you three or four limes, and I'll tell you no more; (waimly) ?at ,the first firm house I didn't notice he was afraid; alter the Sheriff got there I was witkaa fifteen feet ef him; his side was inwards me, and inWfcit oi Big Thunder; Little Thunder ?tood pretty snug up to the Sheriff, Little Thunder had a pocket pistel in his righ" hand, snug up to his side; can - uot say how long he held it there; alter Big Thunder de maudedjthe paper 1 looked and saw Little Thunder, who had his pistol as I described, snug up to his side; 1 did not s >e him point it at the Sheriffs (The naivete yet decision of this witness, his peculiar expressions, and expressive gesticulation, caused much amust mint in the Court ] Jacob Tmaver, sworn?I was at Smokey Hollow on the 18th December: got there about one or two o'clock: - hen I got in sight 1 saw disguised men : 1 drove up to one eud of them and went unto the tavern: 1 got the in telligence that a young man was killed there: before 1 g.d pi saw the disguised men get in except a few: after tit g tin r?' some t:nv> f untied inv horses and drove up, when -ome li t> en or twenty di guised men came out on the piazz : one id hem snokn to the audience, and said .n abi.u. run quart', rs of an hour there would be an ad Ires* uiadt by in Boi'ghto' : 1 diJ nnt know who said this not beam hun call, d by any nam< : then he spoke ot the different claims ol the landlord*: I n said he would speak of the Livingston'* Suu h'? anoAimurui g'< claims, a id 1 don-t know how many: he then said, "ihe natives trrve been Informed that an accidi nt hnpjtnrd here to 'lay, that a young man was hurt, bin wh??ver it bras,that it was not lrom them, for they had not ccmi f ?r ttie pur pose of hurting any body; the natives who made nt? their chief would render assistance, procure medico! aid, or if he is dead pay expenses;" they then prrtty s"Oii retired, somebody m the crowd asked "why cameynherearmcdT" i<a laid, "in reply to 'hat I will say that wc were informed that lh?sheriff was to come here to arrest Big and Little Thunder, and we came armed to protect our (tenonsthey then went into the room and 1 saw no more of them until Dr. Boughton came out to speak. I no ticed that man particularly: 1 saw nothing of his original dress but his boots: 1 have been a shoemaker formerly; I heard Dr. B. speak about these land claims and titles, as the man in disguise mentioned: he made use of the same i x press ions, and there was a similarity in their speeches in certain phrases such as the frequent use of the word "consequently:" in the manner of hia standing and move ments when talking, I aaw a resemblance in Dr. B. to the man who was disguised, frequently resting one foot and tuen the other between the bannister* of the piazza, so that 1 could see hia foot plainly: I made up my mind when Dr. B. came out on the piazza i' was the other man, or that he'd got the other man's boots on: there was -.othiog very peculiar about them: they were half worn, half soled rights and lefts of kip or calf skin: I found just such apniron Dr.B. here, when I was asked to go and look at them: this was four or five daya after: I made up my mind at the time that these two persons were the same ?s positively as any thing I could not positively awrar to: 1 have had no occasion to alter my mind: I have not al tered it. Cross examined.?Half aoled boots are not rare things, neitheraro kip or stout calf skin: the shape of the boots was peculiar: nothing more than what would be about ? ny pair half soled: there was nothing else by which to j dge ol the man but what I have stated: 1 had heard there >vas such a character as Big Thunder some where in the county: had heard of Dr. B. too: hod heard he was lectu ring and delivering speeches, and that the Sheriff's pa >: 1 had heard opinions, but had pera were taken: I had heard opinions, but had aever ex pressed it as mine that it was Big Thunder: I had no im pression about it before I went to Smokey Hollow: I was ?bout twenty leet from Big Thunder whan he was an the piazza and spoke; i could form my judgment about a pair of boots at that distance: 1 think a shoemaker can tell a boot better than another man: from the expression, inde pendent of the boots, 1 should have judged it was Big i kunder. Augustine Bullock, sworn.?I wns at Smokey Hoi ow on the lath December and hoard Dr.Boughton speak: ha said, the Renssalaers, Livingstons, Armstrongs, (Jlarkes, and Kings and others, need not attempt to fright en them from their rights, nor to orive them, for Little I'hunder with ten of his warriors would defy the strong - st pone they would bring on : that they would not lay down the tomahawk nor bury the scalping knife until their wronps were redressed. Cross examined.? I did not stay till the last pert of his ?.perch?this was about the middle : I took no notes of the si>ecch : some of tlieir leases he thought were oppressive, and the reuts and regulations he did not like, as higher than they could pay to support others in luxury : he ?bought they had a right to redress, to discussion and to address and petition the Legislature to investigate the matter : I did not see the man who eame out in disguise : 1 understood him to say that tl ey were not willing to have these suits brought in the county when Mr. Livirg s on could jingle $1000 into the|lawyers pockets and the Idgt'S Mr. Joan aw ?That was not the Witness.?Well, you spoke of technical points and I supposed Mr. Jordan.?And you supposed that to be a technical point did you ?? (Laughter.) Witness.?Yea. Mr. Joidan ?That's all Direct returned ?1 don't know that he advised the te nants what course to pursue. John Hasdice.?I was atCopake on the 18th December: wti in the carriage with Dr. Boughton and the Sheriff on lie way in : think I heard Dr. Boughton aay he had done ? o thing he could be tsken up for; the Sheriff said he had. pointed his pistol at him: Mr B. said it was no mora i than any parson would have done under similar circuaa- ] stances : the Sheriff told him it waa, l-.e thought, a bold move taking his papers from him: Dr. B. replied,! know, I am a bold man. Crosrexamined ?I was on the outside of the carriage: it was covered i uocurted near I time, were somewhat . _ did not hear B deny he took his papers es*/ font him j Colonel Hoot, 1 think, wns inside The Court here took a recess until 7 " clock. nttf?l was on ins oir.siuo oi mr carriage: 1 and I thin'i the enrtain was down : this ? Smokey Hallow: thry spoke louder a*. * , mewhat excited, that's now I Jp?"jj ; ? Wkathir m Caha?v-1 lie weather at Quebec it mild and seasonable. The thermometer, at !> o'cleck this morning, atood at U deg -the wind wester ly. There i? aslight thaw, snd but little ice in the river A steamboat arrived st Kingston from Toronto, on I he mtb snd the navigstion is open as far down as Pres cott.? Quebec dfsraury^JfsTcAJti^^^ Torn. Attkmft at Mubdkk ?A moat cowardly and foul attempt waa made, last evening, about n n o'elcck. In the Northern Liberties, to murder a man Died Hemy /ill. It appears that /ell had boon spend n- *he early part of the evening at the Buoks County tlo?el in Second Strei t above (Jreen, and when returning home, be w?# followed from the corner of Bi-cood and rCes-n streets, bv agon, down Second to Noble, and up Noble above Thild lo 'h ' arched entrance ef a court at the head of which h. lived. Hie circus anre of the wagon treck ? g h.m was i gular. and teioro he reached the court, / il he' fcguo to suspevt that aossr ti'ing was Wrong As'he tuned to enter the eirn way,he waa shot In ih" buck onl Mi an b?t fc< , The assassin vs con< eile- I t he wagon, and fl ??' st hi | i,<ihA<uiIi The weapon 1* ?:?' p >?t 1 o ?>???? beep s| heavily charged musket, tire n pit b ii.g s st > is- loud 1 i that of asm ill pieco of ordinance. Pie ou derc-, who seems to hove been prepsr *1 lor fl g ? '' drove at a furious apoed out of the Yoi* Hoad an I (lows ?hhanklin street. He was pursued, big escape.' Zril was v tended by Dr. Jewell, who was m the n igh.iorhood, and was believed to be mortally wounded. One hundred nd ten shot were lodged in hi? back, arm* and neck ?nwo of them penetrating the lungs, /ell w*a "We to rtakean affidavit under oath before Alderman Krety.who vas in attendance, and charged James K. Mart n, a law yer, with being the assassin, from circumstances them ?eetnt tc be no doubt that tha deed was perpetrated by Martin. He snd Zell have been au bed t. rm* lor a-bng time, growing out ol their connec. ion with a womw*. and they have lately brrnght s< v,?ai cioas pioajC-utions *. -*a m.'f-J.l-l.- Tu?? B4 ? f 41. against aaok olkorr?PMiodsfpAte THwms, Mss-eH Olmlt Cmurt. Before Judge Edmonds. March 37.? Trial a/ PMy Bodint Continued ? Staenlh Day.?The trial hat assumed an increased interest tinee the examination of Dr. Eadie, whote testimony went to how the general charaeter of the murder. The crowds f female spectator*, who thronged the oourt to early at r inn o'clock, were unable to procure accommodation! ?vithin.the bar?to that the outer gallery and space with in tbe bar, waa neatly filled to their atmoit limits, with a crowd of highly fashionable female spec tators, presenting un array of clastic beauty, tuch at only > ould he witnessed at tome of our placet of public amuse ment, and giving the court loom all the appearance of ..rime of our fashionable theatre*. The esciuaion of the 1 rout body who crowded during the former day'a of the rial the outer galltry, had the effect to increase the i.uxioua masses in the avenues outside tbe court room, where much noise, bustle, and couluaion, were kept up during the day. At the opening of the court room at the usual hour, the prisoner, her mother and daughter, took their usual aeats : her lather, son, and a large number of i-ar relatives, took their placet alto near bar, when the trial proceeded. Croat mammalian of Da Einii. it turned.? Court?Be ore you proceed lurther, Mr. De Witt, 1 wish to aak tbe witness, ii he bad come to any conclusion since the poet mortem examination, aa to what waa the aauae of tho mo tuer's death 1 Witness.?I did not. The witness bere underwent a cross examination f om Mr De Witt, in relation to the utual effects produced by strangulation?vie : extravasation of blood ; iso, of suffocation, which usually produces congestion >.t the brain. Tbe examination, if tuJJy reported, may prove interesting to the junior branches of the faculty, but would pose the general reader, who doubtless it not very familiar with "jugged ligatures," " subclavian arte . as,"" cellular membranes," and the various technicali ties of the medical profession Nothing, howevor. was licited to shake his direct testimony. He gave a piece of i n formation to the bar in the course of hit cross-examine ? 'ion?namely, that the faculty recognized in their prac tice, no such term as that of " compound fracture." Da. Harrison, produced and sworn.?On this witness king the stand, several ladies withdrew, whieh caused ?oms confusion. Court.? I shall take the liberty of asking those ladies, who favor us with their pretence, to remain in their places when they come, until the hour of adjournment, fins is not a place for idle curiosity. It it a place ol bu . mess, of a grave and serious character. [In justice to the great body of the ladies, it is but fair '. remark, that those who retired and drew forth this rc uke from the court, appeared to belong not exactly to be " npper ten thousand," several of whom graeod the court room with their presence.] Witness testified ?The ligature which was feund in he arm of the mother, was Tied in (large flat knot, and ?o imbeded in the carbonized flesh, that at first we over looked it.* The brain of the child was not ao much acted ipon by the fire, as that of tbe mother ; tho fracture of tne inuar bone of the child's arm occurred probably bo fore death. The fingers were upon the right hand : I am i ot so distinct as to tbe other. Dr. Ephbaim Clarke, sworn.?[The extreme closeness of the atmosphere obliged the Court to direct the opening if the windows when the noise from Chatham street ren dered it very difficult lor the Court, Jury and counsel to bear the witness ] IVitneis examined by Mr. Whitino.? I did not remove he brr.ia from the skull of tke mother; I caw the ligature; 1 can't say if it was placed on the hand before or after loth; I was under the impression that the piece of the child's skull had been clove off when first I saw it; Id# not entertain the same opinion now. [The fire bell began here to ring moat loudly, so aa to .merrupt the proceedings and cause some delay ] Mr. Whitino.?i would suggest your honor, that the i. jurt has power to put a stop to the bell?as a nuisance. Court.?1 don't know, Mr. Whiting, it will soon, per - jps, be over. A wag at the reporter's table here remarked, "that would be rather a bell igerent mode of proceeding on tho , art of the Court. AMiMBisor the Bar? (taking up the ccnv*rtatior) ? ' i say Bill, yc.u have always a noisy lanltie kt op siimce. (-suppressed laughter) Mrs Ash ShOTwill was placed on the Mm d end tit t ti? d to having seen blood on some fmi. '? utd< i-lme.. :he had found ; it was a piece ot inn iiu, and eiso a puce of d -r.nel. She alto iouud a puce ii carpet, on which there w is some blood. rh* Court to- k a n cms ; wheo, at th? u<ual hour for hum irhluifr a iretb supply ol Jnt? s ? tit* in aft-1 dance. I> Mrs. Mhoiweii's cross < xamination, *L>- stated I t M'twitiisiairding her having seen the blood, she never >? nfiined it to her husband, evtn at the tim< rfuecoro r's juiy ; never mentioned it to any one ; i oont recol lect I hut I toid it to any one until the time ni the last trial i:> June last: 1 don't recollect what I said about it: I don't r- collect when I said any thing about tho blood : I don't ??collect chat I called tbe attention ot any person to the ! food on the sheet: I did not even tell my husband. Mr. Whitino.?She is giving her testimony acoording i" her recollection. Court.?Let her go on, Mr. Whiting. Mr. Graham.?The fact is, your honor, I pursue this f ue ol examination in order to show this is all a made-up -y. Now, Mrs Shotwell, will you tell us when you fi ?t spoke oi the blood 7 Witness ?I don't kaow. Q ? Did you tell your husband about it on the night of ti e fire 7 A.?1 did not. Q ?Why 7 A.- Because T did not wish to be examined on the trial. Q.?Did you not swear on tbe last trial that you did not mention a woid about it from the time of the fire until a low days before the last trial 7 A.?1 don't know. You asked me too much at the last i c i?l, and you ore asking me too much now. (Roars of "ghtcr, in which the lsdies heartily joined ) [This witness underwent a long cross-examination, vi ith a view to show a discrepancy in her testimony on ii.e present and former trials. She stated as her reason i..r not apt aking of the blood the night of the fire was that ?-feared she would be called on the trial at the Coroner** ry. Mm. Elizabeth Smith was placed on the stand, and ? .tanned by Mr. Whiting, with a view to corroborate the t ..timony of the loot witness in relation to finding mark* ' f blood on the piece* of flannel and linen. She teotified s e law the piece of linen itained with blood, in company with the loit witneii. In her cross-examination by Mr. Ormham, the itated the h 11 reasons ot delicacy in not coiling the attention of the oople present to it. wnich reason* had reference to fa .ale* She testified also that the did not examine the p ere of carpet. Mr. Whitiiso here propoied to examine the witneae in r lation to the coatent* ot a bundle which the witneu, he i tid, had seen at old Mr*. Hoaieman'a, with a view to - tow tn it some of the article* contained in the bundle v. ere touud in the drawer* at young Mrs Houseman'*. Mr. Graham objected, unless such testimony connected the prisoner. Court ?If a murder waa committed, the motive may he civon far the commission of that mnrder ; and if a robbery baa been committed, and the motive it traceable to a rob bery, I am inclined to think the teatimony ia admissible. .Mr. Whitiho ?1 put the question in relation to a handle ?n ' the contents ot a bundle. We want to show that the c lutviits wero iu the drawer* of the bureau at the house ot young Mrs. Houseman the night of the fire. We want to trac? thesis,irticlea to old Mrs. Houseman. Mr. Oa*HAM ?So lar irom objectu g to the introduction of such an issue, 1 have ststed that we court investigation ; t at,at the time, we must have the teatiorony of such it character so as to connect the prieoner. If, in any stage i.t the case, inch testimony can he introduced, we court it; but we will not softer a separate issue to come in to .able the prosecution to hunt up testimony, which may h ive no connection whatever with the prisoner. The arty must connect the prisoner. 1 think it the right course, and It may be right to atata this to the Court, si I know what waa tha course ei the last trial. Coubt?I am sure the Court and the jury will be able to discriminate properly in regard to the connexion ?i Vie prisoner.* It it bears upon the case you must co">*ct ? be prisoner; butlfor that matter, during the wholecourae i f the trial, as far at we have gone,to connect t*? prison f r, ?o that it may be better to ascertain if (WW be any thing in Ihia testimony. Mr.Graham?There is a manifest di'<,1?ct'on between both branches of tbe testimony, whir* will, at once atrike j our Honor. They must prove tK corptuijltUeli Court?1 can aee how this bus?'? may be a link in the oliain of testimony to show ??*?** d?leetf,but the Jury ui courae will diacrin>iy'U!- . ..... Mr D* Witt -""nereisno pre*" yet that the bundle wss the sor**0 " on<-' found at the house. I ( ?We shall see by and by in the mattar?let ua |, ?r a little of the testimony?let ns see that the death wae the result of design Now, Mr. Whiting, hew do yon propose to show the connection1 Mr. Whitiiso?By showing that the articles toe-"1 ,n tbe bundle were at tbe| houso of young Mr* ** ?"'unan the night of the murder. Covrt?How can you show ??* ....... _ Mr. Whitiiso?T propose to ahow that old Mrs. House man and Mrs Bodine wore at ye'mg Mrs Houseman* ibo day previous to the murder, and that they lelt Pft?" ther that night. ? . ( oust?How can you show theoonnexion stii' ??? not Mrs. Houseman a right to take her eon's " she pleased for projection 7 After some further discussion the Court out ??>" tr.yAM BauitOAOc tTamtnrJ hy Mr X'lt".!!~ t.> h-",lnf seen the bloody at tides; au? that 'he day alter ii.e murder he was at Mrs. Housem'rt ? *n? ,,w '"r"' ??" dine them; be heard a conversat*'n between thtm in re l.uioii to the jewelry; hoard M a-Honseman speak lo Mr*. Bodine about some of the Je-C'JT' . ? . Oo??ht ? Confine your***1' prt!?on*r Mr 1'*' ? Tbiaha* nothing ito ?> with the mat... |ju'g D dv tetracaine into Ccmt and took his p.see upon tip tench as a spectator ] In hia cross-examination by Mr D? Witt the wiMess itated that in netting up w tbo Wake, Mr*. Bodice ap |i*aredto be tbe **<ldest p. sun in he conpn y. AiriHial OicReHt !'ifl din r. 1 si ion to he finding of It nio id on a pu ce ?'? fl <nn-1 portico*', and that ho iv r ?p V o i tovy ,e .00 sx rp.h-e wife, until af ter ne vssiti'i (V sod, at a 'ha h, was never before ex to n? 1 on ftie p.dtinns connected with this trial. Miss >1atii.s* Rouhbe, (niec- cf th? prisoner) testified that she wd' ti Mis Housem n's the Friday night befoie fie rr nr.l'r. ?od left Mrs Bodine. Mrs Houseman and child f" 'ii" honse Went ttg.nn on Saturday morning f flawing, hnd tound only Mrs Houseman and child: I ptton Saturday evening: the child had on a coral naok - I ceand gold clasp: Mrs. Bodine came thereon Saturday mght: 1 left her there: I believe to sleep [This witness i,'entitled the gold clasp belonging to the child's neeklnc*. lo relation to the gold watch which waa taken from Mrs Hou'rmar. she dtt not identify the ore that srs* pro ,c?d i-? the' which belonged to h* r i t 1 TU t .is (pmducao) she also did not idrnttiy J Th* Court hen adjourned ova*.