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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