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OOX^I'II'VmOXALYST.
PRINTED \ND PUBLISHED BY
WILLIAM J. IJUNCK.
Conditions, At.
For Ihc t'l TV PAI’KK. fwicu a week, Five Dollars j«
* annum, payable in advance.
COL’ \ l lUf FAi’Ktt, one a a week. Three Dollars ;>
Annina, iu adVMice.
yj-So papier (lucouliiiuAtl till JircCtiona to that effect are giv«-
and ail arrearage* I’AID.
• y-T Kll.M'*- .• • Five D-dlara per annum payable in advanC'
yym AU V K it rib K V|KNTS .... Will be inserted ut the rate
SUlt-IWO and ii» ilf ren s. per square, t>r Die first ioserlm
im<l V !y »• • mid mm* quarter cents, lor each continuance
C<) >1 i'l 1 MICATIONSny iVlail, matt be Post /mid.
bales of land and negroes, by Admimsliators, Kiecutnrs
i-tiii.rlians, are rejnireJ. > law, to be held oil llic first Tue
.lay iniiie ino.iiu, »DvV»*.on ie bo'M of ten in the tore noon anc
nree in tb»* 111 I ni . HI, at the (: >nri - House of I'ie coii'ly i<»
which the prv’ri V is silM»te.— Nulie.e. ol these a.* s must br
. iven .u apu ■.i>'■ gu«f.tU SIX 1' Y days previous to the day ol
sale.
,^ (;l i C6 ohhe sale of personal property 'milt he iven in like nm.
ner, hOUTV d .y» previous to the day of sale.
'olice to the deM.-.rs and creditors of an estate must be published
or Fo i l V days.
Uvku.ucuUi |
Accompanying the Uovernor’s Message. (
A millibar of witnesses have been eximin-|j
ed by the Committee on the State of the He- r
public, relative to tliu murder of MDntosh, ,
tlie disturbances in tic Creek N ition, &c. (
Knowing tlie anxiety of our readers tor in- (
formation on tins subject, we now give as t
correct a summary as we could make, ot what v
we 1 1 no ip* to lie t ie most important testimony
delivered before the committee. i
Mr. Jesse Cox, of Jones county, testified
thill he was at the store of Pimm is Crowell (
in the Creek Nation, on the 30 th day of
Al iril last, wtu re he saw the Agent CD. a
Crowell, and heard liim make use of the fol a
lowing expressions, or words ol similar im-j
port!-- 1 Dim.iM cowards, I always hated j
them—l still lime them w <rse and worse— ,
Any people that w told suiter one man to sell f
their nation ought to die anil go to Dell—-I (
once put that fellow (meaning MDntosh)}.
down—where he ought to remain—lint the f
Big Warrior and Little IVmce reinstated!
him—l hope the IVg Warrior is now in lu ll
for it, and that the Little Prince may soon|,
follow him. Wnm 1 was at NN ashingioiv, I
communicated to lien. Jackson the gnevao
ces ol tins people —he with a voice ot wonder
asked if the Creek Nation had lost all spirit
of resentment.”
The question asked of the Commissioners
of the United States ( Messrs. Camph II and I
Meriwether) was, whether they hid any\
reason to believe that the Indian I gent, Col
Crowell, had improperly interfered with Ihe.i
rightist and in crest. ol' Georgia, or was con
caned in instigating the recent minders in
the .N'ati m—and if so, to stale th grounds
of such belief ? Po the first part of the in
terrogatory vlaj. Meriwether answered, “ /
have, nnd the following ore Hie groan Is of
that belief; —il • here recited a conversation
he had with Col. Campbell, in November
last, in which that gentleman informed him,
that in the afternoon of the day on which
Gov. Troup was elected, Col, Crowell said
to him (Col, Campbell) that he had prepared
the Indians to cede a part of their lauds;
intimating however di-tinctl v, that as I roup
was elected Governor, he (Col. Campbell)
must not expect suecess to attend any appli
cation that might he made to (lie Indians
while Printp w. k s in office and concluded by
advising him (Col. Campbell) to resign.
Mai. Meriwether stated circumstances du
ping the progress of the negocialions with the
Indians, in which the Agent’s conduct, cor
responded with the sentiments he had ex
pressed to Col. Campbell ; and gave his
reasons for believing that the departure of
the Cussetas from the Indian Spri igs, after
the Commissioners hud been informed ot
their willingness to enter into a Preaty, was
with the privily and consent of the Agent.
’Po the latter part of the interrogatory, he an
swered, that he had no reasons other than those
already in the possession ol the commit
tee, to believe the Agent was concerned in
instigating the recent murders in the Nation.
Col. Campbell’s evidence was in corrobo
ration of Maj. Mertw (her’s —“ I cannot
(said he) resist the belief that the Vgent was
oposed to a Preafv. 1 hail a conversation
with him in November 1833, just alter the
Commissioners had returned from an un
successful mission to the Cherokees. We
had both been disappointed in our wishes
and calculations as to the result ot the Gnv
cruor’s election, and expressed to each other
that disappointment in terms of feeling anil
regret. In the course of conversation, we,
spoke of the prospect of a negnotation with'
the Creeks for a cession of I’erritory. The'
Agent observed in substance, that he had;
the thing fixed, and I think added, that we}
should itave got the land below the Federal j
road—He advised me to resign my appoint-'
meiit as United States Commissioner, inti
mating that the result of the election ot Go
vernor had operated a change in his feelings
in that regard.”
Col. Campbell’s testimony adverting to ob
jectionable conduct of the Agent pending
the negoci.itions and the failure ol Col.
Crowell to report or restrain the adverse
movements of the sub-Agent NN alker—t his
question was asked him ; “ IFere or were not
the acts of the. suh-Agent, referred to by you,
known to the Agent ? If you, did or did he
not aitempt to restrain them, and was he re
quested so to do .3” In answering the ques
tion, a general reference was made by Col.
O’, to Hut part of the printed documents in
possession of the committee, which contains
a journal of their proceedings.* The reason
wine i the Agent gave to the Co nmissio.iers
for nut reporting to Government the proceed -
tugs at Tackaabatchee ami I’ole-Cal Spring
was, that he did not consider them binding
m the Nation, being the acts of only a pan
•I it, and not worth communicating to the
War Department.!
Harris Alien, Ksq. testified that he was
resent at (he time of the last session, he
■links, where Henry Crowell was conversing
vith several persons in respect to the coin
i-act for provisions and about the Preaty,
ml whether any land would be obtained,
lenry Crowell after using some very pro
lane language on the subject, said, “ we
vould not get a d—d foot of land, and after
repeating this assertion, he said, “we should h
not get any land unless some particular per- ;
sons (not naming them) were damn’d well I
greased—witness could not express any;;
opinion as to who was meant to be. greased. : i
Henry and John Crowell were known a-, <
brothers—understands Henry Crowell re- «
sides in the Nation and trades under a >
license from Lis brother, the Agent. <
Abraham Miles, FUq. ol Twiggs countv, (
testified that he was on his return from Ala I
bama to Georgia, and called in at Col. John i
Crowell’s, ai Fort Mitchell on the 27th of (
April last, at which time some, conversation I
took place between himself and the Agent
respecting the late Treaty, and the dissatis- «
faction of a part of t e Indian-, on account I
of the ratification of the same, which the In- i
diansdid not believe until lie (Crowell) re- i
turned from Washington and informed them; l
which information appeared to displease a i
part of the Indians, the Tuckabntcliees, very r
much. (
Mr. Miles further testified, that Col. i
Crowell informed him at the same time and \
place, th it Gen. MDntosh was at that time a
at Ins residence with a guard around him, s
and that lie would be killed by the party op- u
posed to the Preaty—and stated further,'a
that there was not one Chief in the Nation s
who knew any thing about sanctioning tlie.li
surveying the land within the boundaries of o
Georgia except MDntosh, who had himself s
authorised the Governor to proclamate the
same.
I lit answer to an interrogatory by the Com
mittee, he replied that Mr. Crowell inform
ed him that it was in consequence ol MDn
tosh’s consent to the late Preaty, that in
censed tite i ookaubatchie Indians against
him—Crowell did not say that he would
have MDntosh killed ; but spoke of.it as an
event that would certainly happen—Hu 1
(Miles) savv some Indians before ho saw *
iCrowell, who seemed very much incensed i
against MDntosh, and said that lie would 1
and should be killed, and gave (or reason, 1
I I hat he had sold their Perritory without their 1
consent. 1
s
♦ tlx tract from the Journal of the Commitsionen. \
December 15M, IBM.
In conversation with Col Crowell, the Ag t, iht*. ommisslon
era were mtoiinud that the two |nihlicaliuna tlaG-d .U l uukeoat- (
, 'nit: Ac Pole-Cni Springs, signed by » numberuf tne Upper town
heD -, were whiten »y tne sub Ajfenl, < apt. 'V alker, that the t
• irst was broiit£Mi lo lhn place in Inimlast. no ituras went ob j
lined, bni the Agent understood it to be cons* nled to generally,
it was then in the hand writing of Capt. \V a I leer Che last \
n.htfing where the Pole- at proceedings occnrre I was at Wal
ker’s house. Mo communication was made to the lioveruinont of *
these proceedings. j
| If is by these pretended laws, which ’he Agent did not think
vurlh coninmm mtog to his governiiH'rit, because they were not
mulia; •mine Nation, that the Agent's friends «ou> altcmpl lo f
I istify .vl'Jnloih’i murder!
i
TUB FAlit MANIAC.
Story of Louisa, Maid of the Hay-Stnek. '
History aflf n ils many very striking install- 1
ces of the effect of mental agitation, in dis- t
tui bing the powers of the mulci stunding. *
A G Titian lady of great beauty and ac
complishments, having married a Hessian
officer, who was ordered (o America, and
not being able to acquire any tidings of him 5
in her own country, came over to England. •
Here she could only learn the destiny of her (
husband from those snips which had either '
transported troops to the Continent, or were v
bringing back the wounded. Day after day I
Die wandered on the beach at Portsmouth, 1
and hour after hour she wearied her eyes, t
bedewed with tears, in the vim expectation *
of seeing him. >She was observed at the t
same spot ere it was light, and watched each 1 1
notion of the waves until the setting sun.— i
Pnen bar haunted imagination presented L
him mangled with wounds, and the smallest o
gust of wind seemed to threaten her with :l
an eternal separation. Did a ship enter in- •
to port, her eager steps led berto the spot, >
a id many an inquiry was repaid with an 1
insolent rebuff. 1
Alter eight months spent in this anxious;'
manner, a ship arrived bringing her the me I- I
ancholy pleasure, “ tint some Hessian olli- >
cers, who were wounded, were on their pas- >
sage.” Her impa'icnce increased daily.— I
■j V vessel at length arrived, roported lo nave
c Hessian tioop-, on board. Site kept at some!'
i distance, for fear of giving tun great a sliockii
li to tier husband’s teelmgs, slioulil he be a
' uiong them. He was landed with others: 1
hshe fainted, and lie was conveyed, she knew
■| not where. Having recovered, and going' l
iin the different in >s, she found at last her I
husband, the master ol the inn informed :
1 her “he was very bad,” and she begged 1
| that her being iu Kngl tud might Uegradu.il- 1
- 1 1 V broken touim. When she emered the '
; room, he burst into ailmd ol teais. A ht'ly '•
•! was supporting him in her arms. What >
: words, or painter couhl represent t lie tra
■- g ( nlv that followed! lie ii.d married in
( America, and tlu> person was also ins wile.
, De entreated “ pardon,” but was past re
5 pro ich, for a few minutes after nc sunk in
in the arms ol death, f'helad v, whose mel
■ anciudy history we are recording, rushed
• from the room and leaving her clothes and
i money <t her lodging, she wandered she
knew'not whither, vowing, “ that she would
i never enter li use, or trust to man.” She ;
1 stopped at last near Bristol, and begged tile
refreshment of a little milk. There was
; something so attractive inker whole appear- |
; mice, as soon produced her whatever she re
quested. She was young, and extremely
beautiful ; her manners graceful and ele
and her countenance interesting to the
last degree : She was alone, a stranger, and
m extreme distress ; she asked only for a
little milk, but uttered no complaint, aim
used no art to excite compassion. Her
dress and accent bore visible marks that she
was a foreigner of superior birth. All the
day she was seen wandering in search of a
jplace to lay her wretched nead ; she scoop
jed towards night a lodging for her->elf in an
°l(I hay stack. Multitudes soon docked
ground her in this new habitation, attracted
Iby 'he novelty of the circumstance, her sin
gular beauty, but above all by the sudden
ness of her arrival. French and Italian were
spoken to her but she appeared not to un
derstand these languages ; however, when
she was accosted in the German, she evi
dently appeared confused; the emotion was
too great to be suppressed, she uttered some
faint exclamation i.i our tongue, and then,
as if hurried i ito an imprudence, she at
tempted to be also without knowledge of this
luogu ige.
Various co j -clures were instantly form
ed, but what seined passing strange, was
her acceptance of no fond, except bread or
milk, and that only from the hands id fe
males! On the men she looked with anger
and disdain, but sweetly smiled as she ac
cepted any present from the other sex. The
neighboring ladies remonstrated with her
on the danger of so exposed a situation ; but
in vain, for neither prayeis nor menaces
would induce her to sleep in a house. As
she discovered evident marks of insanity,
stae was at length confi ed in a mad-house,
under the care of Dr. iienau let, a physician
at the Hot-ivells. O i the first opportunity!
she escaped and repair d to her beloved
bay-st ick. Her rapture was inexpressible
on finding herself at liberty, and once more
safe benath this miserable refuge.
Beneath a hay-slack, Louisa’s dwellin' rose,
Here the fair in fine bore sou winters' snows.
Here ion- 7 site shiver’d, stiffening in the bla t,
And lightnings round her head their horrors cast.
Dlshevell'd lo! her beauteous tresses flv,
And the wild glance now fill-, the a taring eve ;
The balls fierce glaring in th r orbits move ;
Bright spheres where beam’ J the sp trilling firesoflove.
11l staff'd Louisa!
It was near four years, that this forlorn
creature devoted herself to this desolate life,
since she knew the cumfa rof a bed, or toe:
protection of a roof, H irdship, sickness,!
intense col l, and extreme m.serv, have tri ad !
u ally Impaired her beauty, hut she is till a ;
most interesting figure ; and there remains
uncommon sweetness and delicacy in her
air and manner; aid lor ans vers are al-1
ways pertinent enough, except when she
su-ipects the question is meant either to a l -!
front or ensnare her, when she seems sullen I
or angry. Some Q i iker ladies at this time!
interposed, and Louisa, as she was called,
was conveved to (tni/'s Hospital, where she
at present is, and still maintains her indig
nation against the men.
The person with whom she lodged, upon
her death bml, divulged (lie genet of the
llight of this stranger from Portsmouth.
which corresponds nearly with tin* time of
her arrival near Bristol, and subsequent i i
quirers nnvediscovere I, (hat she is " Ihf nn*\
tural daughter of Frau •in, Emperor of Ger
man//.” ■.»»#•«-
Description of an Ourung Outang in Lon
don.
The features were those of the negro,
amalgamated with certain peculiarities of’
the Chinese, and uniting with both a cast of
character reduced it nearer the resemblance
ol the canine race. A nose of some consid
erable prominency would have rendered the
likeness human, bat in the apparent absence
id ihis organ, owing to its flat position in
ttie depression ot lus face between in the
eyes and the mouth, the greater length of
tbe forehead, and projection of (he muzzle
became so conspicuous, as to produce this <
greater similitude to the brute creation. In'
considering the features of this animal with <
attention, there was an anomalous appear- I
ance between age and youth ; his unwill- ;
bigness to part with his cup of tea was tes-i
lined in the expressive glances of an old |
negro, with the untutored obstinacy of a rus
tic boy ; oe clasped the cup so firmly 'hat it 1
would Have been broken b fore it could h ive
been disengaged from his grasp ; but no
sooner was the repast finished than he resum
ed his former mildness & composure, and o
beyed ins keeper with ail’cctionate obedience. !
tie wa» accustmue 1 is we learned after
wards, to a seat occasionally at the tea table,
in die apirliueids of Mr. Cross, with him-I
sell and his family, where he always be
uaved with hue propriety. An ape or al
monkey would have displayed may mis
chievous tricks among the paraphernalia of
the tea table, but ‘ Jocko’ could always be,
trusted. Sometimes, though seated at the
table, lie would decline the proffered favour
of partaking of the meal, but this he always
did with good behaviour, turning his head a
side and uttering a monotonous feeble sound
as a sign of his refused. When lie expe
rienced the kindness of any grateful pre
sent, Mich as an orange, or other palatable
fruit, lie would take the hand of the donor
and pres* ii to his lips ; or those he knew,
if required, he would salute upon the cheek
wil l a kind of kiss, for he had some little
macular motion in the lips, though thev
were Uestitue of that pliability which ours
possess. Sometimes ; alter declining to par
cake of whatever chanced to be upon the ta
me tnd sitting quietly observing the com
pany with an air of melancholy and mild
ness, he would deliberately rise up in Ids
place, survey every subject round him, and
:- if any thing happened to attract his famey,
y he would, by pointing at it testify Ids wish
for it; upon such occasions, Ids only breach
e of decorum has been, when nothing else up
J on the table pleased him, to take without
a permission, or the assistance of the tea
i tongs, a small lump of sugar from the sugar
r dish between his thumb and finger.
b Fruit was the most grateful of Ids food.
b When ill he had broth, which he would eat
i out of a basin with a spoon, as he had been
taught it seems by the boatswain of his Cses
i ar, in Ids voyage from Java to England.
I His partiality for raw meats while on board
1 the ship; which Mr. Abel intimates was not
- observable while he remained in the Exe
- t‘*r Change M enagerie ; nor indeed was he'
■ singular in this respect, for none of the Si
- mia race suh-ist on animal food ; ifhvacci
i dent they are presented with a piece of raw
meat tiiey throw it away after chewing it. a
i little to extract the juice, and imlecyl it is :
I seldom that they are induced to put if imo
,;their months. Tea, milk, and water, he
• was in the usual habit of drinking, and Mr. l
I I Abel mentions coffee. His predilection tot
(strung liquors was once shown in taking a 1
■ .bottle of the captain's brandy. After his ’
i arrival in England, lie had no access to
jsurh ardent spirits, but beer and ale in par
ticular deligh ed him ; he would drink with
Ids keeper mug foi mug, till Ids intellectual
[powers were pretty well overcome, and half
1 tipsev Jocko, in such moments, was rather .
(inclined to merry-moments, not testifying
Ins mirth by any apeisb or mischievous
tricks, but relaxing a little fiom visual gra
vity, would romp with much good nature, ,
appearing at such times to forget he was a \
captive and seeming to consider himself on- |
ly among Ids f. lends Sometimes when the ,
keepers of the menagerie were sitting down!,
to regile th-ms-Ives with a tankard of ale,!,
lie would attentively watch all their move- ’
inents beneath him, seated in ids hammock
near the ceiling, in the expecta'ion of being ;
invited to partake of Ids favorite beverage.l.
For a while he would sit very patiently, andi,
then descending, walk up to the table. If ,
still not invited or made welcome, be would!,
perhaps draw a chair to the table and mount-!,
mg into it gaze round him as if to asc rtaiuj,
tie cause of being unnoticed ; & then rest -(|
dig hi-, h inds upon the edge of the table (
would venture to take a peip in the tank-1,
aid, and wa-, indeed delighted when he wa-i,
I allowed to drink lie liquor that chanced lo ■
be remaining. Sometimes the keepers would ,
I intimate that h- could no’ want any ale be- .
cause he bad not brougtC ids mug for d 1 hi-> ,
hint was never lost ; J >cko would dome- .
diately hasten up to a lofty shelf suspended ,
I near ois hammock wh re his half pint hau
ulle mug was placed, and returning with it
lin his ha "t receive with much expression of
[pleasure the portion of ale which th<-y
thougot proper to pour into the mug, hold
ing ii steadily by the handle while they pour- |
ed it in. His so uluess for milk lias been
mentioned, and as a pm sos his sagacity d
mav be added that he could distinguish the
v O I
foot steps of a girl who at an early hour eve
ry morning supplied the milk. She no soon- ,
er began to ascend a lofty winding smircase |
leading to his apartment than he would stari j
fmm Ins bed and hasten to the door wuh a
jug in his hand to receive the milk, and if '
the door happened to be locked inside as was ,
sometimes the case, he would turn the key |
in the lock, and open the door with oik
hand, while with the other beheld forth the
jug to receive the milk.”
~~ ' ~ ~ i
\
Tuatest from ¥*ng\and.
Nkw-Yokk, June 6. 1
By the packet ship Canada, Capt. Un
gers, arrived last evening from Liverpool, 1
(whence she sailed on the Ist. of May, the
[editors of the New-York Diily Advertiser
have received files of London papers to the (
29th, and Liverpool to the 30th of April. '
Markets. —The prices for Cotton conti- *
nue to be supported. Tbe demand for (
Flour in bond had revived, and shipments (
were making to the Spanish market. Flour
had risen 1 to 2d. a sack. American Stocks
remained the Same. Bullion continued to
advance.
; Young Murat has been set at liberty, at
’the intervention of the Minister of the U. |
(States who has engaged that he shall go di- (
rectly lo Philadelphia.
Mr S.ivary’s punishment has been com
muted to transportation far life,
l Letters from Lisbon mentions, that Sir
. C. Stuart meets great difficulty in persuad
ing the king to acknowledge the indepen
dence of Brazil.
j It is said that the congress about to meet
j will be employed on the affairs of Greece,
1 South America, ami even Portugal.
Liverpool, April 30.
The Catholic emancipation bill has pass
ed the House of Commons by a majmity of
, 27. —Tliis majority is too small to give any
. reasonable hope of the success of the bill in
House of Lords. There can be little doubt,
therefore, that the bill will again be re
. jected.
The Plague in Egi/pt. —(From the agent
s to Lloyd’s, at Milford, April 21.) —Arrived
- at the quarantine station, at this port, the
Cadmus, Snowden, and Latooa, Campion,
from Alexandria, for Liverpool, with sus
- peeled hills of health, in consequence of two
s eases of plague having occurred at Alexan-j
J j dria, on the 27th of February.
, New-Yohk, June 4.
1 SHOCKING AFFRAY.
1 Early yesterday morning, our city was
again thrown into a high degree of excite
( ment, by another outrage upon humanity
• committed last night, which it is our painful
office to record. Mr. Daniel R. Lambert,
one of our most respectable and wealthy
• citizens, in the prime of life and midst of his
! usefulness, met his death by the hand of
1 some one of those midnight maurauders,
■ who prowl about from dram shop to dram
• shop, and disgrace our streets by their noc-
I turnal riotings and brawls. We have spent
: the morning at the Police Office, to collect
’ such particulars of this lamentable occur*
1 rence as have transpired. Mr. Lambert it
(appears, in company with Messrs. John and
Edward Fergusoa, David Ogden, Samuel
F. Lambert, and Duncan C. Pell, were re
turning from a party which had been given
at Mr. Lytle’s house, nearly opposite the
'country banking house of the Manhattan
Company. These gentlemen were on foot,
and their carriage, with some ladies, was a
few rods in advance, and it was between 1
'and -2 o’clock in the morning. When op
posite the Sailor’s Snug Harbour, near the
.White Lead Works of Mr. Murray, the
carriage was assasiled by some ruffians, and
the glass window broken in. The deceased
and Mr. Pell were somewhat in advance of
the other gentlemen; and as the carriage
stopped, they walked rapidly up, and Mr.
L. remonstrated against such conduct. The
ruffims thereupon assailed them with rude
language, and denied the fact of throwing
stones, although Mr. L. was then examin
ing the shattered pannel. The carriage,
however, drove on, and the gentlemen pur
sued their way, but were followed by the
|ruffi,ms, who continued their abusive lan
guage, calling them dandies, and sneering
at them as gentlemen, until they arrived at
Mr. Nielson’s premises, at the corner, we be
lieve, of Art-street, when they pressed upon
and overtook Mr. L. and the young gentle
'man with him. One of them first attempted
to trip up the heel s of Mr. Pell, but he re
covered, and received only a slight scratch
on his check, but lost his hat.—As Mr. Ed
ward Ferguson came up, he received a heavy
(blow over the right eye, which brought nim
down. Mr. Lambert, the deceased demand
led why they struck that gentleman, and here
a sort of scuffle ensued. A heavy blow was
aimed at Mr Pel), which he eluded, and it
was received by Mr. Lambert in the stom
ach, who fell and never spoke again He
expired before ten minutes had elapsed, or
a physician could be procured, in the house
of Mr. Forrest into which he was carried.
The fallowing are extracts from minutes
of the evidence laid before the Coroner’s
Jury :
I'liotnas A. Rea being sworn, says he
made a voluntary confession before the Po
lice this [Friday] morning which was then
ie.al to toe Jury; in addition to which, he
says his company had drank seven glasses
each at Ryder’s tavern.-.—The hat shown him
is the one he hail on that night—that was
brought from Ryder’s ; recollects of rub
bing against a gentleman who told him to
keep oft’—when witness said lie would walk
as he pleased. Deponent had the hat on
which they brought from Ryder’s at the
time.— Walker said he had one of the men
by the collar, and struck him on the breast.
Did not hear any other person say they had
struck any person on the breast, nor see
any person struck on the breast. Is learn
ing the chair making business, and is 17
years of age.
Samuel F. Lambert, brother to the de
ceased, was of the party, and walked down
with his brother. I'lie carriage passed them
as they entered Broadway from the Lane.
When at the place they heaid a noise liko ,
that of a stone sti iking against the carriage,
i'liey hurried on, and his brother stepped
up to the carriage. The coachman said
“ take notice gentlemen, that those men
have thrown a stone.” One of the gang
came op and asked deceased if lie had ac
cused him of throwing a stone, to which he
replied by asking—“ did you not do it ?”
He replied no. The man afterwards came
up and accused deceased of having made
the charge, which the latter denied. The
gentlemen then all hurried on their way.
When opposite Floy’s one of the gang with
a straw hat, pushed by him and said he
would walk as he pleased—he then pushed
against him again.—The gang then ran on
fast, and came amongst them, and com
menced the a sault i.
When Ferguson was falling, deceased
turned round to protect him, saying to de
ponent —“ is this not too bad ” Deponent
said to deceased—“ let us hasten on and
not mind them.” Neither deceased nor de
ponent made any self defence. Deponent
was followed about two or three rods further,
and received three heavy blows, which left
him for the time senseless.— When he came
to, he saw the body of a man lying on Ids
lace by the lence, and thought it was some
one asleep. He went up and shook him,
and on turning him over found it was Ids
brother — dead. The gang had already lied
some distance.
Dr. Wright Post, was called to examine
the deceased, and finding no external marks
of violence, proceeded to open the body in
the presence of the jury. His testimony
was—that there were no particular marks
of external violence, excepting a slight
scratch on the face. He had examined the
cavity of the breast and abdomen, neither of
which deviated, in any respect, from their
|natural state. The appearances were all
perfectly sound and healthy, and not the
