Newspaper of The New York Herald, February 27, 1849, Page 1

HP ?T NO. 5381. VH1KTIKTH CONUHKSS. SECOND SESSION. Keiinte. Waahinuton, February 34,18(9. II.L ?F CITIL AND DIPLOMATIC APPROPRIATION* ? TIMPOkART GOVERNMENT PUR CALIFORNIA. AfUrthe eonridrrttion of th? ninruin* bu?lD?*s. 00 motion of Mr Atmkbtor. lb* Sonata took op tha general appropriation b'll, with the several amendment* pmainp. providing for a temporary government for the teiruortc* of C'a ifornla and New Mexioo. Tha amendment* coming up kith the bill were ? 1 Ttatcf Mr. Walker prc.v.diiw fu-tlio ntcaviou of tha r<wBtwUwo. tli? land l*??, the Deviation l'wt. end all oa< cr>l lawi applicai le to the tarritorisr, over the torritoriea of California aad kn? Mojiao. X TtubtifMr Wohotor, auth<-r*Rinjr ttia frMid-nl to keep 'hs f i>?'iL| U?i iu free in ?iil term-nes, and to bind Uio country in B"?vr?l m in btkalf i f ih? IT ifeil dtnuo. a T at of Mr. bay ton. g'virithe "reiideot tha fane diacretion ao in too avttif Louisiana ana Plmiaa. Mr Wolkkr, having got tba floor from yesterday Intimated that La mould give way f r tha p-.ar-ut, U tba ftvtral territorial emendated* vllVred could be withdrawn, with tba under?tandmg that after tba dtapo. anion ol tba appropriotion MM tba separate measure lion tba House rbould ba taaeu up, providing govern Bienta for tba new terrttoriea. Mr Kinu naid tba amendment of tha Senator eou'd not now ba withdrawn. Mr. WiLitt than took the floor In anpport of hla amendment) tba aubatanoa of bta argument waa that tba amendment of Mr. Wabster amounted to nothing, aad that th? more ample provision* of bia own ameudmmt. ratvading tha revanua law* tba land law*, tha navigation law*, tba law* regulating an Interoourae with the Indian tribe*, were required and demanded now by tha vxigtnoiea of tba people of California. Ha alottd by a warm and p.tbatte appeal to all aeetiona to preserve tba Harmony of tha Union by eompromieing tbi* question of slavery, *o ugly of lt?elf, and ao difll cult of adjustment Without a rpirit of oompromlaa. If fcie amendment *h >uld ba tba mean* of preserving tha bermony of tha Unlun, ha ahould feel grateful to tha and ol bin life. Mr. Hai.k appealed agalnat quailing and bowing down to fba Have power; that (law power which waa now standing on tha boundaries of our new territories, unlike tba angel at th? gate* of paradise, with a flain ii g aword. becaune it forbids freedom and religious liberty irom *nter'ng into tba land. He supported tba view* of Mr Dayton, that he would hesitate to (xirDu Vila eonsinniioa over tna territory now, if uch on wot wen to ba construed by the South as equlvolant to the extension of slavery. An interesting debet* followed between Mr. Webster and Mr. Calhoun, on the question whether the constitution of itself exts nds over s territory of the Uniltd Steles? Mt. Webster maintaining that it does not. and Mr. Calhoun that It does. W# shall give a retort ot this debate to morrow. It was listeoed to by a large audience, and by the Senate, with the most profound attention. Mr Dayton came in at the end totbe support ot bin elf and Mr. Web.iter. Motion to adjourn reject'd At near flv* o tok We leave Mr. Douglass on the floor, appealing that tbe California bill be considered next in order to this appropriation bill; and witb this in istauding all tbe Caiitorniaamendment* be withtliawb Iroai ibis bill. Mr. Johnson moved a reoets. Motion under debato. ci.-ic- for tbe mall. Not agreed to. Mr. Douglass goes on. flouse of Representatives* Washington, Feb. 24, 1849. DRAINING of IWiMr LANDS. lotion of Mr. Harmanson, tbe Committee if the on the Slate of the Union, was dlsohargcd from lu. consideration of tbe bill giving to Louisiana tbe overflowed and swamp lands in that Stats, now unfit tor cultivation Mr. Vinton moved to lay the bill on the table; bat tbe motii n did not prevail- yeas 45, nays 100. Toe b.ll wss ordered to be engrossed for a third trading Mr. Vinton moved to re-consider the vote first taken. He raid tbat be would be glad to give bis support to the D Ai IX DO ovuiu WJievo *u?v iv uuum uc uuue wuuuub Setting a precedent which would Involve the government in very grant difficulty in disposing of the pnblie lend* hereatter Tbia bill proposed to do whet never bed b-en dune before. It doee not undertake to tell the amount of the lends in Louisiana unfit for cultivation. Pees ibis bill, and you eannot sell lands there until it be deoided what lands are unfit for cultivation. The effect is to lake every foot of land in that S'ate out of the market, until the fact is settled by somebody. Sli. Hall, of Missouri, understood the gentleman to say that such a ib>ng bad never bees dons. But the gentleman would remember that, at the last session. Congress passed a law authorising those who selected bounty lauds unfit for cultivation, toseleot other lands in i'U thereof Mr. Viktok replied tbst that subject bore no relation loibis He could not consent to rote for the bill unlesa there should be some guard to prevent the result wbiuh he spprtbended. What lands are uuflt for eultlvation wouiu eresie a controversy wbiuh would continue for years, and in that way tbe publie landa in tbat State viud be kept ont of market. Tbere is a greater objeciion. aoo it is this : A good many years ago. under a reioiutlcn which was pasted, the various laud offloers and rtoeivers were directed 10 report to the government what lands were unlit for cultivation In pursuance to this, they reported three fourths in Florida. Alabama, Loui-iana, Arkansas, Mississippi and even in Illinois, one ol tbe ricbest countries in the world. If this bill pats, these States win come in on Congrvss for Imtlar ta?o s, sod tbey will be as good in one case as in another, it *s a bold question : Whether we will grant to Louisiana nobody knows hew muob. If ten mi.lions or aores. tbey are granted ; if but one million ct acres, tbey are grunted, without any restraint and resmotion It is a most important proposition in itself. and vaetly more important in its bearing on the di-pesai tf the public lands hereafter. If this bill be passed, a ptreeoeut will be established, and it will become irresistible, and we cannot refuse to vote similar grants to otbsr States. The swamp lands sost twice as lunch f r the surveys as the other lands Mr Thihodsitii said tbat. ta bis personal knewlesge, sutveyora, in order to draw money from the Treasury, surveyed tbe marshes which have not urvn hhv, ?uu u??er wiia un Mr. Vikton r>'plirfi that tbe bill grant* nil the land* which bare not been surveyed. Mr. hjiRNnNsoiv raid, that tbe number of acres of swamp lands in Louisiana was originally firs millions. That State had made thirteen hundred mile* of levees, at a cost of ei*bt millions of dollars ; and by this, three million* of aerea ef land* bare been made (It for ntttration. and the government hare not contributed a dollar In return for these advantages. Tbe government pot tbe money derived from the sales into the treasury Tbe land now a?k*d for is nnflt for cultivation Tbe land tflioe knows every foot of the swamp. The lives of some of the people of Louisiana depended upon the peerage of tne nlll. Much of tbe land was Sow overflowed, as he learoed from letters received dnring the present week There never has been a bill bef< re Corgress that had half the meritln it as this. Pass it and tbe p ace of pestilence will be made a plaoe f health. Mr Hsopkrad was permitted to say a few words In explanation. In 18ik the officer* of th* government reported that there were 5 429 200 acres in Lonlsiana uuht for cultivation, and ia April last bat 2,204,076. 1 hi? shows that that State had enabled tbe gov*rn> went to tell three million* cf acre* He had heretofore voted with the gentlemau from Ohio, with regard to tbe puhlio lands He bad thought with him, gsnelai'y oo the ?uhj-ot; but when tba commissioner cf the land < dice report* that there are now only 2,000.POO of acree unfit for oultlvatton, and oan only be biought into market by a la*ge expenditure of Lonlsiana. it would be just to take into consideration the health of the country, and pass tbe bill Mr But one moved to lay the bill on the table, but the motion did not prkvall. And It was then passed? yea* 101. nay* 61. Un motion of Mr VivTow.it was resolved that th* debate on tbe bill making appropriation* for the post jfltpe department ceaee In two boars, and the House te'o.ffu itrcif into Committee of the Whole on that Btimi. rttr TvaniToaii.s. Mr Mokkiikap of Kentucky, expressed his opinion that the gieat ma's of our people are ardently devoted to our present form <T gi vurnmeot He did not blame |ne North for thinking that slavery Is an evil; some of (he people of hi* State think It I*. but that Is their gwn busineri There were no people mo*e attached to law and order, and charaoterl ed g more Wll),ng arqii'ssens# la tbe prlnolplst of the constitution than ibe |?ople of N<>rtn. Whatever manifestations aie m ? >m then made te the eontrary. be had full eoofl'ienre In theh a:drut love of country and sound a'tacbBu nt to the I nlnu He said a tew words against the abolition of slavery in the District without tbe cud" nt of th? slaveholders. and then proceeded to enuihat th# a'se-tloe of vir. Wilson (who spoke on n former occasion.) th?t the action of this government, as ennnvaisd tlih lha Increase of territory, had bean to loci'aee ' he slave power H? Raid that we bar* a iiileniD. niomen'ous duty to peiform. In relation to tha t.rrt'nrt?e we hare aequird from Maxtoo. The treaty h?e been d? nlare.t tlia supreme law of tha land, and we moat do the iroet we for the acquisition. Wa should approach 'be eut j?ct In the spirit of our revolutionary elr?e He * mid not avoid tha belief that there are meu who will eleeata themselves above motto? el vtawe. and peek to rattle the distracting and agitating quest'' n of rlavery, and in suoh a manner as will pintnote harmony end eecure th? perpetuity of our Inetitntioi.e He would look on a man who would not asp lot In thle. a* to an- my to hie aountry If n? aould ant proem o the mearure which bo preferred, be would Fa?e an act planter to thet which was provided for ,oul>tai,a r?e g'tploga provisional Rovernment. an 1 Imply RtvlnR iha rre-l.l?nt a tight to proteot our citia* ne now without law In the territories. si.tvr.h v. Mr Mosriiv.ofNew V or a. though', that hie friend from Virginia (Ml vteDoWell.j yesterday attained too much Importance to the s)a<-e qiia-tloo. thinking that the parmaaence of the Uuion dep-nded on Its settle men'. However and ?ben?ver it is settled It will be ae'ileil -n as to disappoint d snuloni?t* and some of thefilendsof I'nlon tie had an abiding eoofijrnos in the good pen's and inti Il-gensa of the Amerloan ^ people He kn?w that u noon-tit* lenal legislation o ?n he cheeked ami corrected by the f?dnral judiciary, and that ronstl'u'tonal icgi-lsti n will n? asqutesoad in by the Aimrrsn people. ||- alluded to the eonluot of tha Oemorrecy ot the Mouth lu preventing the rs aumlna'inn f vir Ven Buren lor the Presidency. ?t the Beltlmme Convention, and then raid that he had been taught to believe that Congress has no business with E NE' MORI the dm qnaatlen. If the tarritorlea be att fr?e, bow coo alarary go tbrre but by positive enactment ? Mr. Wilmot remark vd that if tba gentleman tbouabt tt at it waa nrceatary to bora a previous low toaoootioo slavery before it ran u<> tbera, ha bar read tba history of tta country without profit. Tbara la not o foot af oil now covered by slavery. but what waa fraa bafora slavery ao? planted tbara, and oarrtrd tbara bafora any previous low waa passed to aouetian it. Tbara ia do oil free but what waa mada to by positive low. Slavery baa alwoya gone up to tba limit. What fieluded slavery from tba Nnrtbwaat territory, but poai> live law? What excluded it oortb of 38 deft. 30 tnio., but poaitira law T Wbrtrter poaitiro low boa net forbidden it. there boa it gone. Mr JoHKuia, af Arkonaoa ? What waa tba su>ijaot natter of tba private conversation with tba Ire at dent, iu ralation to tba proviso? Tba CMaianan (aid tbot tba question waa oat of ordnn Mr. Mi'rpht rtmofd-Ho ?u happy to hear the reroaiks ot bia friend from Pennsylvania. hat the gentl> did bad not answered the point. If tbe people of New Mexico and California. Texan and Pennsylvania, with to introduce slavery there, it la their business, and not our* Slavery ha* never been introduced except by tbe free will and consent of the people. He weuld tell the people of New Mexico and California that If they wish to have slavery, it ie none of onr bu sines* Tbs question proper y belong* to tbsm Slavery 1* a municipal and local institution; it affects internal polity and internal interest*, with which no external ptwsr ha* anything to do. He applied this argument to the North a* well a* to the Sooth too ordinance of 1787 was neceesary, because slavery exieied in iLe territory northwest of tbe Ohio; it was a part of tbo domain of Virginia, in which slavery existed by law and in fact There was slater? in Kaskaskia when tha ordlnanee was passed Slavery went South, because it was a part of Virginia, In which slavery was acknowledged He caused extracts from documents 10 be read showing that the American colonists asserted that ' the internal oonvrns of tbo eaWntes belong to the people thereof " Southern men going to tbe territories with their slaves, oannot claim the relation of master and slave. Tbe connection Is separated by the laws Whatever they are, they mast beconfoimed to. The right, la this respect, claimed by the Sonth. Is founded in error-It has no foundation In fast.. Before Mr. Murphy finished all he dss gn?d saying, the time for terminating the debate arrived. tiic rosr orricx mli.? nsDUCTiore or roiTtcr. Mr Ash mus moved, pro forma, to amend the bill Ha eikhAfl tfl aaw fhat ha rlul w'-h Atl ... -- ? ? J uv ui? uwv WIBU Ml UIBUQQI bulb, but to withdraw it and thm propose an amendment for the reduction of postage and to abolish the franking privilege. Ho intended to do that. although a similar amendment bad been pronounced oat of order He believed tint tbis. to regulate postage, was as much in order as to regulate the pay of clerks in the p< at cAWs. Mr. Kaufman rose to a question of order The gentleman bad offered one amendment, and was disousslng another amendment. Mr. Aahmun said that no question of order was debatrable. He withdrew his amendment and offered another, proposing to reduce the postage on letters of half an onneo or less to two eents, and to abolish the Iranktng privilege. A queetion of order was raised as to its relevancy. I The Chairman said that, in his opinion, the amendment was in order. Mr. Vinton took an appeal from the decision of the Chair, whteh was reversed. The Committee then rose, and under the operation of the previous question, the bill making appropriations for the support of the Postofflce Department was passed. government of california. The House again went into Committee (Mr. Vinton in the Chair ) and took up, on motion of Mr. Wentwoith, the bill to establish the territorial government of Upper California. j vi>> wh r??, oj>wdiod it appear* tnat me met m to take effect on the ft rut of April, and nothing therein ia to be so eonetrned aa to prevent a dtrialon of the territory into two or more territories It provides for a Governor. Secretary, Legislative Assembly, a delegate in Congress, ete , and contains the ether provisions usually inserted in territorial bills. A question of order was started and disposed of, when Mr CHireis, of Maryland, moved to strike oat the first seetlon of the bill, in order to enable Mr. Preston to intioduce, as a substitute, his proposition to enable the people ot New Mexico and California to form a constitution and State government, and to be admitted into the Union. Mr McLare asked his colleague to yield the floor for a motion tbat the Committee rise. Mr Westworth?Let's stay here and epeak all night. Mr. CHAPiiin said that if it wastbe disposition of the Committee to rise, he would give way for the motion. The question was taken, and the Committee refused to rise. Mr. Chipmas then proceeded; it being dinner time, nearly all the seats ware vaoated. He spoke of the ctmprimlses of the constitution, on the subjeet ef slavery. He was for leaving tbt* question to the people. This sgreed to, the difficulties which have arisen would cease. Mr. Sti'art. of Michigan, obtained the floor. A gsntlrmsn asked him to give way, that the Committee rise. Mr Sti'*?t raid that he would willingly do so, as he had not written down his remarks, andas there were no reporters present to take notes. The Committee rose; and. on motion of Mr. Cobb, amendments which had been suggested were ordered to be printed. And at twenty minutes past four o'oloek, the House adjourned. Washington, Saturday, Feb. 24, 1849. Twelfth Week of the Latt Set lion of the Thirtieth Congress?7>ie Immense Amount of Work done. The twelfth week of the session has been marked by an increased excitement upon the negro question in the House, and by a puzzling discussion upon the perplexing question of the territories 11 th#? Spn t*> An innrs?oo?/J nnsntifu of bren consumed in both houses, without the slightest addition of light to the country. The Senate have fallen a whole week behindhand within the seven days closing this alternoon. On Monday, the Florida slavery resolutions were presented in the Senate by Mr. Yulee, and speeches made in their support by both the Florida Senators, ?>t the South Carolina stripe, declaring that Florida, like the P^mgtto commonwealth, will resist to the death iflir than submit to the degraditton of the VV'ilmot proviso, urought to the pinch,we believe tiny would both back out. The residue of the day whb expended in the discussion of the const survey,by Messrs. Jefferson Davis, Atherton, John Davis, and Benton. Amendment of Mr. Benton rejected?toast survey sustained. Tuesday?Territorial governments proposed in amendments to the general appropriation bill, by Mr. 1V?lker, Mr. Foote and Mr. bell. Elaborate speech >>v Mr Bell,in support of his motion to admit California as a State into the Union. Wedntiday?Mr. Bell's argument continued; re) lied to by Mr. Berrien, who appealed that the cmeiidmrnt be tejected, solely on the ground of its utter inco-giuity with the bill. Amendment itj' otrd, 4 to 39. Thuisdsy?Piivate bills. The Senate are just as sure to have a long discussion upon a case of ten dollars, as ui on a bill declaring war, if there he any technicality in law upon which to hang an Friday?Mr. Daytua discusses his amendment to the appropriation bill, providing the same discretion to the President in regard to New Mexico and California, hb was heretofore conferred upon the Executive i^eterence to Louisiana and Florida. Mr. Webster briefly advocated hla amendment authorizing the President to maintain the existing laws in the new territories. Mr. l'vote followed. In a very uiliufce and a very decided Southern ' democratic pro-slavery speech, lie waB opposed : to Mr. Webster's amendment, and was in favor of giving to Old Zack the larger discretion of the amendment ot Mr. Walker. Nothing done. Saturday?1 he same subject of the territories discussed by Mr. Walker tor a compromise, by Mr Hale for the proviso, and noihing shorter, and tierce He m mil in hia denunciations of the slave power. Mr. Butler followed, in a reproof to Mr. D?ytcn, for hesitating to extend the constitution over the territories, because such extension would exteid the institution of slavery. Mr. Butler pleaded lliat if the South was to be excluded from the territories, by withholding the constitution, il.en the South were to be subservient to the mere towerof the dictation of the North. Mr. Webster, Mr. Calhruo, and others, continued the discussion. See Senate report. The H< use, on Monday, discussed, to its conclusion, the bill providing for payment to Mexico of the money aeciinnij to her by virtue of the I teal) ol C>uHdalu|>e Hidalgo. On Tuesday, a bill for small and large gold coinB; a bill amending the navigation laws ; a bill r a retired army list, nnd various other bills. On Wednesday, a bill fur a geologisljtor California ; u bill lor the tuslher reduction of postages were under consideration, the inuin question ol d? bale bemx the inexhaustible thesis of the negro qui bin n. 1< has Keen said, that if you spring into a whirlwind you will see the devil; but it has been proved to be inevitable, ibat if you touch a n< g?o, you will raise hia Satanic excellency, to it f?*ir?. Thursday?Minesota bill; bill for revenue laws over California: negro question discuaned. Boili bit's disposed of. Friday? Bill lor the Past office department and abolition ol franking privileges; negro question the th? me ot debate. Powerful upirral ot Mr. McDowell, of Virginia, for a compromise. Members In teais all over the House?a very unusual scene; lor, though there are some noli heads in Congress, W YO JING EDITION?TUES1 tender hearts are considered extremely unfashionable among your legislators; and we think it judicious in most cases mat the representation ot the ( people should be harti-headed, hard-hearted, and 1 not t> o easily addicted to the use ot a white hand- 1 kerchief, under the magnetic influences of an eloquent appeal to the recollection of the blood of our iHihers and the consecrated graves of our j revolutionary sires. The occas>ou yesterday, in ; the House, whs, however, so unexj>ected, and ihe , appeal so eloquent and chaste, and exceedingly t strong, that the tears of the members may be < fairly excused. " Pons mntnal tears they shed, 1 Bat vlperl t hem noon.1' On Sa'urdHy, the Post Office bill, and for the j abolition of ine franking privilege, rrsnrned; negro question the theme of dtb.ite. Mr. Morehead, ! or Kentucky, apt rain tor a compromise. See Hcnse rrporr. Next week winds up tl e session, and almost ever)thing is yet to be done. Washinotof, Feb. 24, 1849. htue of Stock? Pirkporkcti?Rtcetpts from Isund Sulci?Bounty Land IVammti, frc. frc. The issue of stock on foreign account, during the week ending this afternoon, has been unusually small:? Germany $15 000 Nota Scotia 2 500 F.nyland $2 200 France 20 6n0 Bermuda 1,000 Total (07,200 A very large amount of Treasury notes continues to be funded daily in aix per cent stock. But one pickpocket wax arrested lust night, and he was caught in the act of picking C.iptrtin Goddurd's pocket (ihe chief of police). The fact is, we believe all the rumors of rogues, &c-. being i located here, to be greatly exuberated. Perhaps , they have tihthered nere in pretty strong numb "i to prey upon strangers; but no rea.oent n-en ,i.yt any leara, lor a Washing Ionian's pocket would be the laBt place in the world to look tor money; and it cannot he supposed bucU well informed men as the light-fingered gentty are, can be ignorant of ih s fixed fact. The following table exhibits ihe amounts received from sales of public lands in the month of January, 1849:? Ohio $6,181 43 Michigan $3 646 93 Indiana 20"?78 36 Arkansas 4 18!) 09 Illinois 18 731 68 Florida 1.833 79 Missouri 9 334 61 |n?a 6,899 36 Alabama 13 406 07 Wisoonsln 31,673 69 Mississippi 8 707 68 Louisiana 9,677 92 Total $118 999 61 The issue of bounty land warrants continues very active. It is calculated that the whole number which will be called for will be about 90,000, and of this, some 60,000 have already been iasued, leaving still a balance of 40,000. The issues ave rage 190 a day, which will take about nine months ] to clear oil' the balance still to be issued of 40,000. B. | Somkrs, N. Y., Feb. 23,1849. ' The Great Showmen's Ball?Brilliant Fete at the Elephant Hotel?Grand Assemblage of the Westchester Upper Crust?Wealthy Bachtllors?Rus- J ftc Beauties?Three Hundred Coupl s at the Bill i ?A Twelve Hour Banquet?Five Millions Represented in a Contra Dance? The Rival BiUes? Magnificent Carousal Below Stairs. Westchester, which may be truly styled the em- ' pire county, has been agitated to its very centre 1 for more than a fortnight past, in consequence of | the stupendous arrangements for the annual cele- \ bration of Washington's natal day, at the Elephant j tavern, in conformity with a custom immemorial. j Early on the 21st, the sleighing being highly favor- ] able to the occasion, formidable detachments be- < gan to pour in from the villages of White Plains, cj Tarrvtown. Peeksklll. South East. North Salem i and other settlements in this vicinity. So great and unexpected was tbe rush, that, spacious and orderly as the accommodations were made by that most popular ot inn-keepers, Mr. Horace Bailey, long before the eve,of the 22d, every saloon, parlor, hall, chamber and attic, was filled to overflowing' by all the wealth, taste, talent, beauty and respectability of the great and patriotic county ot Westchester. The managers of this magnificent fite were Meet-re. J. J. Drake, J. M. June, Thadeus Crane, A. Thacker, Kay Tompkins, and L. B Lent, ttie two last named being represented by proxy. The lower narlors were converted into a large banquetting saloon, but not sufficiently spacious for the immense throne to be entertained, and tables spread for the accommodation of two hundred persons, being only about one quarter ot the number present. This rendered it necessary to prepare tour separate repasts. The ball room not being sufficiently lame to contain one-fourth of those who desired to dance, it was arranged that while one division had possession of the floor, another should occupy the bauoueting hall, and change by regular relieves; which difficult series ot evolutions was manouvered in a very professional manner, the parties being # marshalled back and torth by the mauugers and 11 their aids, with great military exactness and regularity, until seven o'clock next morning. The principal masculine personag* a who figured k at the bull, were the proprietors ot menai'enes and circus compantes.with tiieir immediatedejiendents " and associates, inoBt ot who n (and I say it more 11 in soriow than in anger) are hopeless bachelors of Li trie deplorable ages ot forty-live and upwards, who, ?j although rich as giand Turks, set more value upon ^ a trained horre or elephant than tlie attractions ot P' lovely women. It is true they will send preseuts u to the lair on a Valentine's day, with amorous 81 Inltd dovx, will give them sleigh rides, and get up the most extravagant fiut tor their amusement. " But. indeed, Their shows us mors than will, for itlll th*y prove oi Much In their vow? but little In their love " X A more brilliant assemblage ot beauty never graced a salvon. lo particularise would seem invidious ; yet there was 1, " Full many a gam of pnrsit ray wrens* , that seemed to command the undivided homage D of the adnuiing crowd. Among these were tue * elegant Miss 11. C. ot Somers, the acknowledged T be lie ot the three previous festivals?very beautiful, s fair, tall, and with ail the graces united around her. Vetume in his unerring course, bringsout" some- J thingnew every day. The palm was disputed in favor * ot a beautiful dtbulantr, whose name nobody even 8 seemed to know. She had a sweet, noble physiognomy, a fair, clear complexion, a figure faultless, a sweet smile, blue eyes, whose looks were (o tender, and at the same time so modest, that ? they won the heart and the esteem at the same ., moment. Such is the belle elect of Westchester w county. I have been intormed since that this tc young lady belongs to the little village ot Bed- b fold, and that the gentleman with white eyelashes, vi who monopolized her lor the evening, is the man di who perlorms the elephant in Titus's Caravan. A ? great fluttering was also caused by the first appearance "out" of Miss S., of Norwalk, Miss E o, Pl of Somers, Mies 8. K. and Miss Q., of New B York, Misers S. E. and C. B., of Somers, who a made a decided impression. The promenade, in which the concentrated beauty of the county passed L in review, was beaded by the accomplished Capt. K 8 , of New York, distinguishes alike for his gallantry and pedestrian merits, leading the lovely ^ widow ?one ot nature's choicest favorites. Mr L. B. T., ot North Salem, escornd Miss D., P ol Newark, the fairest of the, fair. Mr. J J. D-, p of New York, was conspicuous in the vicinity of p the charming Miss L', of Sing Sing. The tall V and handsome J. M. J. delighted in the compa- H nionshipof the petite and elegant Miss P., at So- B mera. Mr. A. B, the ship builder, and C L. C. * divided their attentiona with the Misses O. and A. , ot Croton. The Misaes O.. H . L.. M. and J., of Norih Salem, Miss A T. W., of Somerw. ihe Misses W., J., M., oi South East, were also : amongst the distinguished beliea present. J It may convey to you some idea of the wealth oi fl this county when I state to you, as a tact within my own knowledge, that in a coutra dance at one d time on the iloor, there were individuals engaged w hoee aggregate wealth amounts to upwards oi (| five millions ot dollars, and the foundation of t{ whose fortunes was laid in the exhibition of wild tl animals through Ihe United States. An attempt was made in the early part of the a evening by some outsiders, who had been excluded k tri m the ball, to get up a fight in the lower bar- rl room, and it gives me great pleasure to add that the tufruders were promptly ejected by the inter- B terenee ot Mr. II. ."^aniis, the equestrian, aided by ti Mesne. J. (J , of New York, W. S , o| Rochester, ti Mnd F. F , of llostoa. The receipts for Mcketu alone, at this ball, amounted to upwards ot eight hi.udied dollars, in addition to which the landlord t mede two hundred and sixty dollars at his bar dur- t ing the glorious two days. N. Y. I 11 K B DAY, FEBRUARY 27, Ationnta fi?m Ctlirnrnl*. This letter Is from Lieut. Hirum VV. Theall, of riii|iBi)y 1) , of Col. Stevenson's volunteer regiiient, to his iMiher. in this city, who has permuted te to make the following extracts:? Mostbmkv, Urrcs Cai-imama, > October 'ii, 1848. J Yob will pee by tbe date of this that I am ones mo-e n Monterey. 1 wrote from St Jose, Lower Oeltfern'-*, jy way of Msiatlan aorots the oouoiry If yon bare iver received it. as d sent an answer, it is not probable Lhat 1 will ever get It, as there Is very little comuuuilition at present between Maaatlan and Mouterey Alter ?e received the declaration of peace) In St Jose. ?e were compelled to wait the pleasure of Commodore (ones for a pur sag.; It wae two months before we all 9nally embarked and evacuated La PaaandSt lo?e I rsaeoplatfce United States ship- of-the-llne Ohio, is did all tbe troops lo tba other vessels, the el >op Warren, storesblpp Southampton and Lexington, were Between four and five hundred of the inhabitants, who Bad bee me compromised with their government, from ;te promises mace by oura The Da s arrived here a lew days alter us. so we have meet of tbe I'aoiflo squadron a. anchor In the harbor; we left on tbe Bth ot Sep ember, and arrived here on the 11th of Octohrr I ibiDk lbat cempauy D was tbe lest company of all the irmy, that avaonated Mexican territory I am still in tbe service, buteapvt to be discharged in a few days; Ibe troops will be paid and discharged to-morrow Now lot the go d regions. All the winner* and men are nuking preparations to leave Immediately for the Ki I/. ir.uv, ?- n u.y ii. if; inn oo'.u..." ?/i .m nuu'nnui eillty of obtaining them art* beyond belief; its extent id )vcr? country of three or four hundred milea, and inure :n be dlrcovtrtd. A man working a month steadily, nau i Vs rage $ mil per d?v. Thla l? no exaggeration to. rnntrv. In a vary direction, I* On tbe mora, and at th? irrient moment tbaro are from flee to eight thousand jf rtona at work ihere; horaeeare eold at $160 and $200 ach, that formally could be bought at $10 and $12 All tbe aallore deaert from eeery merchantabip that arms, and a great many from the navy; there are at an brandeco twenty or thirty vessels that cannot rare lor the want ot aullora; $100 per month has been flerad for eailore. Governor Maaoo la up there, and rseryihing baa to take eare of Itself in Vfonterey The regular eoldieri deaert,and when they get to the Placer thueisno loroe that ean take them Such a .ate of things ceTar existed belore lu any ooUDlry. I -i. u*i.i U (.arty ot tlx otflicis that will net out T if" n r wee c r ten days. We will have a eagon well nrovli'ed%Uh provision* and good olmhing, t tent to proteet na from the fog* and rain. If we are inocvrriui we wll. build a house and remain there alx or sight ninths bet ra wereturn. Thegild la washed out nacomn on milk pan, or anything ot similar form. The >ntl Is mixed with water, and worked ever until the particles of gold se tie to the bottom; the gold being ao much heavier tl an anything else, tbe soil is ran off sntil tbe gold glitter* at tbe b.ltorn; it ia then apread >n a board and at led in the ann and the small particles )t sand that remain are blown away with the breath, rte alee of the ) articles varies from the rise ef a pin's lead up to a pea or bean, and all aorta of ahapos. In bat ia oalied the dry diggings, lumps are found weighng from one half ounee to fifteen pounds; but the rarbing ia more oertain. It ia impossible to say what alii be the remit of this to this country, when it be omes known throughout the world The gold sells lete at $10 per ounoe. It loses about 6 per oentln melting into bars. It ean ficquentiy be bought for less wiiere men are gamming. une man mat deserted rrom our company before we left here, he* made about (40,COO. Hie name ie Alexander Patterson, of New Vcrk. The gentlemen tbat I am oonneoted with are Laptein Steele, Lieut*. Penrose, Matsel, Soott and Houghton, 1'be two latter received their appointment out li* re. We eaeh have a servant. I am wr.llog this in a hurry, as I am anxious to settle up my aoooonts With the government and getout of theeervioe. What 1 have written will not oonvey one half ot the ren urces of this Tiaoer, and the enormous fortunes that Be n he made. I shall soon write again, and give yon more pattienlars. (emigration to California* MOVKMKNTN IN NKW YOKK. Th* brig Isabella Ket-d, Capt. Rogers, sailed on Saturday last tor Vera Cruz, with the following patsengere:? C. T. Hopk'ns, George Pfotser, Samuel W. Newhall, Samuel Harrison, Jamvs Hllley, Theodore Magary, Irs Msrkwith, Jorepu Solano, John Leary, Herman (inns, iVililam J. Poitook, John H. Woodbury, Jabes N. Meeker, Samuel Arbuthnot, Isaac L Van Orden,Thos. llcCutoheon, Jose de Kedoya, Horatio 11 Watson, r. /.Mount, M Whipple, James W. Scott, F. Truere, Mat ben l.andsbeiger, Andrew Lemery, Wm. Soott, Charles Kise, Cheriee H. Innls, William H Warren, Jevid Lewis. Francis C. Whitehead, Charles Kstehum, rbomas 11. Fowler, Samuel Ross, J. U. Beaudrieau, 11. IV. Nelson, Louis Chapdeiains, Henry Baker. Datid Leehtr, H. Winchester, P. N. Mariel, L MoGuire, IViiilsm J Dnnn. Nioholas F.mtnann, Dr. Trotter. A. "'""'"I ?"" ?? > " ^-1 ? LieumiB, Daasda Went; Mlohael McKay Morrison, Toronto ? rotnl, 48. The bark J. A. Jesurun, Capt P. W. Reid, went 10 tea on Usiurduy, bound lor California. This resscl was put chased,land tilted out wuh eighteen month* provisions, by liny-live shareholders, at in expense ol $22,1)00 She carries out the New fork and Caltlorniu Trading and Industrial Aaso:iation, with the following officers and rnem>ers, viz:? Albert H Cbamplaln. President; Francis A. Koapp, /Ice ['resident; James Gibbs, Treasurer; Isaao A Moan, Secretary; Lewis Manning, Chaplain; R V Di*yeter, Supercargo; John Sloan, John K Morris. Jacob ;olviu. Irwin Mo Bride, Robert Lewi*. James Hogen, iireclors; John Kalcr, Cyrus D Akin, Hsnry N. pelght. James S. Ueen, Jumeg Mlxters, Calvin B l)u snd, James Seimon, Alexander Reiley, James Henry 'urken, Jchn K. Baretow, Julian A. Kosenfleld. George I.oiJ, Horace Been. Arthur 8 Peterson, Oavld lyers. H. E. Perry. Jacob L. Weils. Jobn Smith, John Khng, Cbarles Wilkinson, Loren Burke, Lafayette tivere, Croweli K. Moms, William Joyoe, A brum me,r. Jr . William II. Van Kielon. Robert Wit trie larvej Vcrls. Sillea Judeon, Jehu IV Hujdam, Egbert tie}, Kitscli Held, Jobn W. CUik, William Htggins, eorge W Msbau. John W. Bucklln, Hubbard C. rale, Mortimer Jaquet, Alonzo Jsques. Charles Cut, irdestl C*HH< James Watoiore, Charles Klllaon, Meinctbon Palmer.?Total, Ad. OHIO. Messrs. Jesse Timunus and Fitzpatrick, well nown citizens ol tins place, started tor California n Monday. A paity ot ten, including two ol the lersis Moses, are waiting, we learn, tor nnvigaon to be o, ent d, when they, too, will be oil. Tne nnipany ot liny, ol whom we made mention some ajbuco, whicti includes Messrs. Joseph Talbot, /m. ?. N hi man and others, are maturing their eiarutions tor the oveilund route; and an addional coinpnriy is proposed to ne lormed, under the depicts ot Lieut. W. S. .Schrnck, ol me Wavy.? 'tftciMnuti Fwjuirtr, Feb. 21. MACKINAC. The fever prevmlsat ttie Lland, and has carried (1 Mr. Crawford, John ti. Dauo, Joseph Gardner, lr. Ilill, and Mr. Carter, to the gold land. LIMA. A Utter from Lima, dated Jaaoary 0, says : " The i?t accounts lroui California still continue scry favorbit regarding the gold districts. Tin Neptune, a DaIsh bug, tskes about $B0 000 In speotH thither, besides full cargo of goods, and a number of passengers.? wo moie sailing vessels are advertised to leave for an Kiancirco. Silver continues very high" A Valparaiso ome of Lire 21. states that the Tasso, on Call oinia, brought gold to the amount cf about bO.lfaO New expeditions were fitting out, with emi ranta of all clwrt lIoTtmtiili of laiUivlduala. The foil-wing armala w?r? rrgi*U>i*?i yratarday. at io utcarnit ntiontd botvla Jhumcan - T. Burton, . O.j T. Lagrora, Waahingtonj C Sablno, Baltimorej . Iioliina, Wbarling; G. Lampktn, Lexington; T. htrna. Philadelphia, R. Glover, iviaaaacbttaettn; M. ''acbburoe BoaionjM Andiawa, Baltimore; A. Honad. Dt-trolt. Jltlur- N 8 I rt'ooa d, J Nenoucreft, . Tlbbttta. Alban) ; M Dlx. G*na?a; C Cooka, liarird; W. H. Smell. Auburn; W. Kirkland. A. L. Jof. in. N.V | W H llo.hiook. Boatonj E Washburn, llany; T. Howe. Boaten, Dr Oabotna. Salem. C R. obltc-n Syrccuaej Col Cnttar. Wilmington; J. Baynids. t' 8. A. tiry-A. Gltbona, Pennsylvania; Com. fliy l'. S Navy; W. B Clyoier, Baltlio raj J. B. aitvtt, N.C.j Ed. Kjre. H. corry, I'blnjelp.ia; K. lidrracB, Wilmington; N Haikar .Memybla Howard J I) Baroaa, K liea-iltna Torooto; II Lnwr~nct?, owrll- L Laa. N Y.; R T. MeK?y, O?o ; R P Whitok, Ruraia; R. Langley, K O Viaaon. Washington; fireman Geo; J. Iledley. J G Mathews, bating>t>; J. Dawton. N. C : F. Haya, Boatonj K OirdnT, musket: T Aaar. Catnbrides: W. Richmond Ml W. H. Metenron, MDeenrl: L. D Saofortl, h 11 hcl* if hlit. Irving llnuvt-J. Holmes, HawU; M. i lorgan, Philadelphia; L. 8 Haskell, Baltimore; W. c iVeeott, New Havrn; W. Otis Boston; W Hopkins, c a ; K Kldredge, Boston; J Florente, Philadelphia; r Foster, Waeblogton; P. Smith. Nashville; J. Ola**, j .. Martin. Kentucky; T. Pruyn, U. 8 N., Hop K. t idlry. C. O. Orton. < batsauqne; Major Wade, U 8. j . ;*<Jeo Uage, Manchester; Hon. U Huloa. Salem J. c bilde Sprit gflrld; Frank Otgood, Liverpool. , Mr Sonle, IT. 8 Senator from Loolelaoa, from tb? 1 ib of March next, baa arrived In WaehtLgton Oen. hleldi baa atao arrived, to take tba p'ace of Mr Sena- 1 :?r Breere. of lllisot*. (Jov. Wbitoomb has aleoarrlvvd I em ladiasa. F.i-Gov Whlteomb. t'nlted State* Senator from Inlina, arrlvtd Is Waeblngton on Saturday. Hen. SMelda wai In Lexington Ky , on the 16th art.. at which elty a public dinner wa< given to htm. le van on b>? way to Waehisgton, to take hie seat is lie United States Senate. Hon. Jaooh Burnett and John C. Wright, of Ohio, nd Hon. Jemee (?. Ktrg. of New Jer?ey, and John A. lug. memtere elect to the next Congress, haro arIred In Waeblngton. Tba Harrlrhmg (Pa) TtUgraph, ?f Saturday, anossaee tba departure of Oav Johnston for Washing ?n, adding tbat ba goes in oampllasee with a request oa Oen. Taylor. Political lNtrillgieee. The whig* held a convention at tlunvtlle on the 8th net. and nominated John 8. Duncan. F.?ij . ol C>arksierg. for sJnt In tba next Congrats of the United Itntel.? iFrsten (IV) Srnliad. [ERA 1849. Court of Oyer and Terminer. Before Judge I'.dmondi, end Aldermen Sterena end n,e.. TK1AI. FOR MI'KIiKH?FOURTH DAY. Krr. 3?.?Afyr ih? Judge* had takes their seat*, the Mmi of the jurors wars tailed over, and Che trial was resumed I)?nirl D. Herogan examined?Was assistant-emptain of the Fifth police distriei- at the time of the oeeurrrnce; was oti duty the night of the udih Septemher; wa* in the station house at the time-, was sent out by ( aptsln Carpenter to relieve Captain DeWlnt, tearing that the latter, wh **a* excited, would get Into some difficulty; came as far a* Van Allen's stoop; saw four cfflcers there; beard one of them say he found a pistol; It was given to witness; it was a revolver; di re not know bow many barrels it had; thinks he rave it to Captain Carpenter at the s'ation bnu<e. In abont a minute and a ba'f from the time h* received it; bad no opportunity of bsocinlog bloodv while in bis possestlcn; bs dropped no blood on it; thero is a lairp opposite the Victoria; ooeat No AO, on the other side tbvre is one oppoeite 6A; is not positive whether ibne te oue opposite the coal yard or not; thvre la another lamp between A6 end West Broadway Hubert Demsoiv examined to prove the correctness of tbe nxdel of Shea's premiers, and the adjoining homes; also, the correctness of rho street plan; to show the position of the lamps in the street, between tbe Victoria bnuse and tbe station home by which ic appeared that tbe whole distance from the station l.ouse to Shea's hcuse Is one hundred feet suit Imoi 'be area vberetbe pistol w*h fmiad. to the station fci use. slaty teat; and from toe same point to Sm'i house is forty feet; the distance fro n the ta'.iou house 10 where DeWtot met A nstln ** r w n'.v II ?e r^et spteln ilosooAN rrrntl'd, awl hii crnn-txaininalinn rritimsrf.?Was standirg outside the rui'ing <nsn the pistol whs handed to ntn>; t,? ere was a o >as<deraMe crowd around at the time; did wot hand it to any one round; no person examined it until I to k it to the station boose and gave it to Captain Carpenter: carried it In bl* band his band on the stock; -id n >tl>?k at It by the I'ght; left tbe station house a few minutes after banding It toCaptaia Carpenter; it was Keefe that bandi d it to me. Dasiil Carpenter examined.?Is oaptaii of the nun District police; waa c?p'.?ln on tb? 2Htk Srptem ber last; was on duty at th? station hnu?* on that night; there ware with me lierrgau and DoWiot; I left it in eonssquence of hearing the report of a pistol; previous to ahieb. I beard there whs a di-turhanne in the treat; as I came out of the station house 1 gave orders te llorogan to oall the men. as I suppos-d there was ?r mtthu g serious; as 1 was going out, Au-tin was ooming in; be bad on a dark oolnrrd ooat; bis ha". was in bis light hand; it was a white hat. Here the witness stated that, from the picture presented by Austin at the time, thi re was so deep an itnpre-sloa on bis mind at the time, that he never forgot Austin since. His hat was in bis right hand I a-ked him what was the matter; bis band was to his mrutb, which was full of blood; tbere were wounds on both sides of hit ohesk, and one on bis forehead; told Hor'gan to take him, j and send for Doctor Kennedy ae soon as he could; I then went out towards Shea's house, thinking Austt >. | waa the man who was shot, and met Teter Robinson, the ssi or man To the Court ? It is about twelve feet from the middle of the sidewalk te where witness met Austin in the station house. Cor mt ? Are the houseR at either side of the station bouse used for pnblio purposes, or are they private dwellings. WiTsr.ii.-One of tbem. No. 60. la a honse of prostitution; No. 62 is a porter house, and waa the only one j tptn that night for any one to go Into. Direct examination returned.? Witness said to Austin, "Johnny. in the ?m> of Ood, what in the matter;" that ip >U 1 laid; he addressed bimsell to Horogan, (being better acquainted with him than with me) and paid, "what doee ell tble mean?"! gave direction! to earcb for the pistol; can't ray from whom I got it; the pittol now produced ia the tame; it la In tbe eeme atate now that it was then, except toe red string; toere were marks of blood on it at the time I received It; the clothes now produced are those whloh he had on that night; they were not taken off until Sunday night, after tbe inquest was over; the bosom of the shirt was very hloody; he was bleeding very profusely from the head; the coat now produoed was the one worn by the prisoner that night; the hat now produord is the one he had on that night; examined tbe pistol that night; toued on examination there were marks of blood on it, and that four barrels were loaded, and tbe other two not; It was Alderman Adams that examined It; 1 was prerent, and saw him do it; saw notbiog else with tbe prisoner; after I got to Shea's house and saw what happened, I sent lor tbe Alderman. Crott-examined.? Knew Austin was attached to the police of that station, but not while witness was an Ulcer; the blood was on tbe breach and seme on the barrel of the pistol; thicks It was not entirely dry when witaess saw it; does not know how it has disappeared from the pistol, or whether or not It has disapU.U.S fU/ltaa.a k.aa -al.l.J - ' - , i _< ? ifuiunu I'm. to tui jury me ipot on which the blood was J My lni|>re*r)ou 1*. that Horrgan took a bold of Austin, before I left the BCation hours; taw ao person with or near Austin a! the time; It Is possible there might, but I think not; I think when he entered the statloo house his body waa be tit fotwatd; 1 thttik he did not wash himtelfantll the deotcr came. Witness brought Shea to the station house; be might bate been thSbe before er after witness brought htm there; the clothes were taken off by Auatln himself, on Sunday, and left by him voluntarily; he was eoaflued to bis bed all the time between bla airert and discharge; be was apparently very weak; wltaess bad to assist him on?e or twiee off the bed; he took his drink through a tube; De Wint wasont about 16 seconds before me; be wasont before the report of the pistol; 1 did not go out until afterwards; be was on bis way back from Shea's premises at the time I get there; there wasa light brought there shortly after I arrived, bat who brought It. or how Itgot there, I don't know: the deceased was lying near the fire-place, with his bead pointing diagonally towards tbs window; my imptf ttlon is, the door was wide open; kept the sailor man in custody for a day and a half, to be a witness, until tbs Coroner told me 1 might let him go. Dirtct txaminatitn resumed - Recognised the prisoner the moment 1 saw him; 1 met him eatae threshold of the door, where I saw him first; observed his lace to be quits bloody ;sthere was aligbtln the room; I rannot swear positively that tbvre was any light oati<fe the Inner door vxoept that; by the rale of the ;lBce the gas shoald have been li t; 1 did net meet any ither person In the si ace or hall; afier going out. the list 1 met wee Peter Koblnson, in custody of LieWint, o my recollection: thinks there Is another lamp beides the Victoria lamp on the same side, and a short ll-l.i... Irxm it " -? ??? .. ?> < U*IB?VI IU/ IQUOIIBDUUB fcUPrfl | i do lamp on tbe opposite side- from that point except 1 tat at 46. until >?>u eeme to the corner of Church j treat; a jouog man named Smith came to the elation iouss about the time, but doe a not know whether he arte ol hie own accord or waa brought theTt; I caw urn there about ten minutes after Austin came; ha ?as not there when 1 left Aidtrmen Aham examined ? Is Alderman of th? 6th raid, resides in Church street, a short dutanoe from be,etttion house; went from his residence to Shea's route; when he got there found a great number ot parous there; It was about half past niue o'oioca; when re got in told the officers to tare charge of the front mo back doors and to allow no one in or out; Snea told bim bia son was shot; saw the deceased lying la the basement; then searched fir the pistol round the room, and gasc orders to search outside; while witbets was searching, tiorogan came In and said they lound tbe p'stol; allnese went to the station house rnd saw it; the ana now produced i* the same; examned the pietoi and round that 4 barrels were loaded md two ditrhaiged. Witness went Into the back or id ; Smith was silting on l be table, Austin on a ihair, and Dr. Kennedy dressing his wounds; searched in-ith and found no weapons on him; went to Austin text snd told him ha wanted to search bim; found a octet book, pencil case and Some cbsuge in his iccket; lound the stone now produced In bis breast ii ckel; he said to witness, "Aie-rmao, what does all hl*lm*an? > witness told bim to be ijuiet as the dooor wee dressing bra wounds; then went beck to Shea's icuse; brought Knee down to tbe station house; he i?nt Into the ro-m and pointed out Austin as the sab that sbot bis are; there were (Ire of us altogether o tbe room at tbatuoe; Austin asked witness what 1 be charge was against LIuj; witness replied he was oil) to ieII bim It was mord>r. and told hlio I did not lent to hssr any thing about it and to seud and get its etunael. 4 ? At the time Sbea said that was the man, waa It oud ?nough lor Austla to hear' A ? It was loud enough lor arery ona in the room to liar it q ? Did Austin make any remark or reply T A.- No; Austin was eery weak at the time; the doner and witness bad to asrtat bim across tbs room to ake adranisge or lbs light to die's bis wounds; tbera isa no runaik made while witness remained; witness eft rmn-edialsly, baring heard that Shea's house took lie; did not know Austin before thai night, but might isre seen bim Cross- r jaw in til ?I remember stating before the Cororer, that I told Austin to he i;ulet. that tbe doctor was ressirg his wcuDda, and that good care would he taken it bim, ibis was before old Khpa came Into tbe bark rem; Shi a was not present When I searched Anstln; I cade the itarch before I brought hiui down; think I landed the stone to Captain lie Wint, thinks it waa >ut into ona of the desks; I did net show the stone to ildKbt a; I did not show any of the articles taken from kusiin to old Khea; I did not see any of them again nil aext day. v* - neiore AQHin lilted VBit w?r? tb* charge* igainrt him. did be not ray caaue.ly. I belter* I wt.l to home when my wound* are dr**?ed " A ? No, a?r; I am certain he bad hie coat on when I brought In Shea; there wa* a li^bt in Shea'* baeement ?b>h I arrltrd tb.*.-, the body of the d.e-aeed wa* Ijlrg in front of the flic place; the blood on the platol a a* dry enough to ba *t>ckey. Here the Alderman point* d out the part* of the pietol on which the blood eaa. t* ttne?a tied ih? hammer down. lUfttl rtiimtnelmn rnumtd ? I wa* at the ?tnMon brute before I took shea alnog with m?; whea I got itne with St >ee, I found Auaila, .Smith aod Or Kennedy; I doa't recoil, ct that Smith bad whieher* or nxnetache; they were tb* only pereon* lathe ream at ihe tin e the doctor *a* dreeelng Aofttn'e wound*; one ot the i fllr?r? t rooght In a baein ot water at (he time; lb* d?eter continued the dre?*tng all the time I wa* there and I left htm at It and went to Shea'* boa**; I n.eCe tr.e renrrh before I weal to shea'* Una-e; I don't ' ifclnk I took a hat dkerehlef ont of hi* pork* . at alt; .It wa* the flrrt time I wa* at Sfcea'ehouie the pletoi waa fcucd 7? (A* Cr'irt? I think the piatot wa* l*ft In the :in todj of De Mitnt LD. TWO CENTS. Captain CiiniiTH r*o?ll#4-l had the euatody *f the pistol line*. frin DH'i CoumrL ? A* there mliht he *nm* danger Id di awing the charge* in thin riom. we will ad nit (the ctonxl fcr the prosecution having already proved it) that feor of tv-e barrel* are loaded. The Court hrre took a rvee**. The Court net again at half past two o'clock, and the trial wa* proceeded with Paul J. Simmon examined - I* a gun-smith; **aniotd the plctol produced Id Court tbta morning; fouod f?ur of the barrel* loaded with powder aud ball, and ready capped for u*e, the paper* Voa I, k, 8, 4, dcw produced, contain the co tent* of the four loaded battel*; paper* No# 6 and 0 contain the reeldoe of the content* of the two barrel* di*'tb?rged; the content* of No* & and 0 anntein burnt powder, one cap a> d the remnant of another Patkiik s, a * i.on examined-R tsldee at 807 Broadway ; refilled tbele on the khth Sep'.etDlW I act, It la th* raloon kept by Pal mo; wa* attending tbw billiard lOi m on that nighl; raw AuaMn and N-ebitl at Pa{mo a that Digit, they remaiued there about ha f anI our; thinks it wa* about neveu u'ninnt th.v mm* Itele J Tiioaiai IIolmo examined ?1a a ehrelelan; aaeiate tb? < or* Dor 1U making jnrht wart?m 'K^iQiuAtt'tQtj examined Khra'e b< d> ImM September, In Leonard itrMt; mede the pint innrrtM examination *1 h L> >otors KenWdj. ad i An.lr>e u found ? >htt voiud litlie below mud behind tb? rgh nipple, w* opened tbe chrtt, mi J found ibe wound to extend friiu the right lung to ihr right Huriole ut ih* h>-*r' and liroagb the burl into the lelt ventrtel*. an>l t'r i n there to tbo eighth or nlnlbrih on the left mle. then went np at riwht arirlee unit l< dged under the'left Hhou'iW blade; found the ball there; tie one no* prnilunetl Id the nine; the wo.in J I dea/rib^d *?< the naua-t of deeeaaed'a death. CroH-exsmintdQ.? From the appearanoa of Um ball, did It meet with any reaiatanoe ? A ? I think It did (from the fact that t va bring n ingar-loaf ball, whieb i? uaually ueed tor r vo. vara,) the point taema to be a little turned on one ?l le; aaw the prisoner next morning at the aiatton homo; aaw two t fltdere leading blot from thyard into tbe atation home; I next raw bitn lyiigon the o>t; L?r Andaraon wat talking to him; there waa a luiup no hie fire head; he appeared to be in a proatrated ooudttton Vitrei examination returned ? There i* no fixed rule laid down ae to tbe eoune a hall may take after It Mrikee the body; the ouuree of a ball la governed by tbe reeiatanoe it meeta; if it m??'a with a tendon or ether bald aubetanoe. it may turn it off; I followed tbe oouree or tbe ball wii h the k ntfe, and, tn my opinion. It met with uo rueiolauaa until it oama to tbe eighth rib; I oannot glee a eurgieal opinion aa te wl ether tbe peraon who fired the puti 1 wai eleeated or not, baoauiel baen earn ro man* no p iota (by periodicommitting aulcide ) to all g?neral rulea, i w >uld ... u|iiu>?u u|iuu k. io give ta illustration of it, I saw a peraon wh hod fired % pistol with three ball',ei.d hit hitu-rlf tbo?? tie ear. blowing the bre'Di eat; hat acme of the belle passed through the skull. U ? Supposing the person reo-l>ing e shot, etood dlreetiy in front of the person tiring, what would be the first reshtanoe it would meet ? A.?It might be the posterior pert of the rib, or the spine. Loarno V*i?Tt'?? examined ?Resides in Broadway. at the Cafe Tnriont. wa< tbrre the 2tith ef September last; was bar keeper, and superintendent ot the house; recollects tbs prisoner, aod four or dee others, were at the house that night; does not know any of the other parties; it was abiut V or 10 o'oloek; they remained only a few minutes To the Court? Knew Austin before by sight; heard that night of the ocourrenee, and that Austin wan charged with It. The case tor the prosecution here rested. Prisoner's Counsel moved the Court that the prosecutor rhould'be directed to call Robinson, the sailor, end Patrick Shea, the brother of the deceased, who were examined on the inquest. He said, tney thought that the District Attorney would oall those witnesses; and now that he had closed his oase without sailing them, they, the prisoner's oounsel. were take* by surprise. The Court dirroisd oue of the oAiere to eell Peter Robinson, but oeuld make no other order. Counsel then moved the Court to oomnel the euklla prosecutor to elect which of the counts in the Indictment he Intended to rely on for a ounvietion Conneel tar the proeeoution iueisted that be oould not bo compelled to elect until after the whqle testimony van closed 1 he Court reserved Its decision en tnts motion until morning, and d'reoted the prisoner's counsel to open hie defence. Counsel then proceeded to eaj that the story, on tbs face of the proeeoutor's eeideme, van ao monsttoua and so absurd, that be euppo-ed no Intelligent jury would couTiot upon It,even if the prisoner's ouunsel had never submitted the oase to them. The fact that tha prosecutors have not toe tngeanousaaad to elect and tell the Cenrt aud jury upon wnloa of the counts in the indictment they mean to rely, together with the fact that this testimony admit* ot a speculation. are pro< fa of the weskneia of t in prosecutor's i nee There are tsoi|UKiusa in this ease fur your consideration- first woo fired the pistol; and ths iscond, was It fired in eelf-d>fefioe? Toe counsel then went on to da Ure the clicum-tenees of tba ease Hs aid th-y would He abla to show tnat Auitin was In company with two persons, whom they would produce, end would show by tbeui that ths story of Ln* pro-ooulot's witnesses ir^inci nelstent with the testimony of tbote two persons. The only p-rsun whs could oienr up all tbe laots and circumstance* of this unf>rtonatS (courrenc# is Nesbllt, and tbey have pat htm in the indictment ln order to seal his month and prevent him from giving his testimony in tbla causa If tba rules of law allowed them to examine htm, ha would tell you the whole rtery, under wbat circumstances the freeas arose, and the provocation given. On tbe night In question, Austin, Nesbilt and three or four other*, met together and visited several publio places, after wbieh tbey found themselves on the step-of the Victoria house; tb?y made o bet that two or three or them would go to n certain house, which w a not named; after that. Austin and iwootbtrs came down from tbe atepe of tbe Vto'oria, and as th-y passed Shea's house, aid Shea came out and invited Austin t* go in several times; at last he went In, upon whieb tbe parties inside clo ed tbe door; and soon after a noise was heard, upon which MoUovaa went Insearoh of Nesbltt, una told blm that he was fesrful tbe Sheas were using violence towards Austin, upon wblob Nesbltt get In and found the whole fam ly striking and abasing Austin; Nesbltt then matie bis escape, and in eome time after Austin a so escaped from them We shall also Impeaah the testimony of old Shea, and leavo no doubt on your mind as to tbe amount ef credence which you ought topivato his testimony We sbail also show you by two or three physicians ths character of tbe Injuries wtakh Austin received while he was In the house. luosis Wasem called aud examined for the defence ? Is a counsellor at law; knows oid Shea from bavtiig seen and spoken to him oooe before I saw htm Inthisoouit; thinks it was about three weeks before tbe indictment in this case was found Ct unsei tor the prosecution objected to tbe evidenon tf Mr Warner, on the ground of its bsiug Irrelevant. Objection ovatruled Witness- I was engaged at tbe police offlee; 8bee came to me and aakeu me If be could epeak to ma; 1 saio yes; I asked blm if be was the fatber of tbe young man that was killed, be raid yee; 1 then asked bim wad he tbe person that was at my offlee the day before? ha raid yes; that bo wentrd me to tale some proceeding* for him; 1 said what proceedings? have you not the district attorney to rondnct the proceeding* for yon? I then asked him did he want to commence a vivll suit? he said yes; I then told him I did not wish to hear any more about it, aa I was retained for Austin; it was about tbr?e weeks after the occurrence, and I am confident it was before the ladirtment wee found; I woe retained far Austin before too indictment was found. C? nti riamim J? I bar# no doubt but I made an entry (t baviug seeu Mr Shea; it was he who spoke to me; he called me aside The court then adjourned Police IhUlllgeniS. CAergs of Obtaining (! >>rf? by h'alto Prtlrnct ?On ll.e IXihdayof February, iHib a nmo named <t >tfned Schmidt a^psartd at the fotloe Odlov. at the rooaae ami n.atiM ecmplntnt agalu-t (i?o 15-nt, William bnitict, Porter l>. McUtj. kDd rhoinea Lnwena. ham be obaigee villi having obtained up*e>d.ot $uxj w >rtb nt gooda under false pretence Mr Senniidt testifies that Ob or lbouttbe l.'tth of December. 1847, hewia rrgaged In the auo.lou atorc of Mr. Barnes la Ann a'rt et at d had In ch-ree and 'or sate mi barrel* of gin. 1 be property of Oao Ktley, when a man earn* la and t? iidried htm a card upon whieb waa printed ' Bartiet k to., commireton merchant*, aod wnnleaale daalara In Imported winee. brandies gin, aegarr, and domralie Itquoie. No. 127 Rootevelt street, New Vork, oaa d<or fioui brent " After aome geoerai oonveiaacioa, tbe nan naked Schmidt If be waa a -a ler of ilq'iors, aayligat tba tame time that ba wae ona of the firm ef v Bsitlet b Co., end invited tba otber to oalldieaaad tee tbea Soumldt went down ta 127 Kooaeeelt atraet, nnd tbe man otfarrd bun 8o oan'a par gallon ft* MM ten bat re la of gin Tbe awner of tbe liquor wanted 32 eenta per fallen. but Anally ooneaoted to a ante at 81 centa, bait cash and tbe halaooe ib thirty daye <-* Tbe property waa delivered on Saturday afioraooaphkh.n a* It wae peat hanking hour*. BsriletbCo told (he prison who came with tbe gla. ti?at they Vootd fwf the eaab en Monday morning following On Monday im Mr. 8. railed, but eomd only get ?30 In eaahaad t nota for tbe balance He eouM not belp htiawHT, bad mi to< k tbe note, which waa never paid i from eab**? ill qumt elicoDiianraa, It appeared te Schmidt that trend waa Intended, and be therefore Dade tM eefcpiaint betcre rolire Justine. Drinker. Tke matiee not acted upon at that time, and it te now oelled.BP, and part of the aectned kra held und<r arreat to anew r 10 tbe charge 'll vltirit of an Ksvanid Convict ? Officer Wat H, ?K-i pbene. of tbe lower potffce xrffi to. yesterday arrested a nan named William Muky ae an aecapad eeuvlek rxnitbe Rbode Island 8, ate prison. eon abotlpulfi , eharg'd with having atilten flilTr<>ma man on tbe Kite llallrrad Mutley la bald to await a Veqdteltfrni fr< ni the Ooeeraor of Kbode Island vialley >ara that, he bae been pardoned by tbe t'.ieeutlve of Rhode leland .It tble pruvea to be tbe eaee tbe prleOnWwtt be bald on the charge of laraeny i ? Mr Elijah Maeoa died at vv?.rt-t<>ek lavt week, aged V2 j?ars He waa tbe laat euralemgaoldler ef the battle ?.t Bui ker lllll, a?o one if tan anlidtaa who tired to the average egeof V7 year* 1 be ataeeta ef Haifa* N 8 . Were impassable On the 14th tort. in eoDMi^uanoe el a ?? ml snow norm, and me heavust tail e| anon alnoe li'JB. Tbe katbor waa olcied with tee.