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Court of Oyer and Terminer.
New-Yokk Seft. 18.
Jeremiah Kyan was, ou fuesday
last, tried on an indictment fer mur
der. The circumstances, as they
came out in evdeuce, were shortly
these: —The prisoner, haying long had
reason to suspect his wife of an im
proper intimacy with the deceased
David Findlay, did on the night ot the
Mth October last, find her in Fir dial’s
house, and, according to the declara
tion of the prisoner in his examina
tion before the Police, (iii Findlay s
arms. The prisoner having obtained
entrance into the appat fluent, deman
ded his children, who had gone with
their mother, and were then sleeping
in the room of Findlay—and with
them, accompanied by the mother and
Findlay, he returned to his own house,
at about 12 o'clock at night, ‘i lie
wife was drunk —tjie other parties
were, it appeared, sober and appa
rently ralin. ‘1 hey all went into Ry
an's room, and there remained until
near 3 o’clock in the morning, when a
fellow-lodger in the house wasawaken
ed by a call upon him by name, dis
tinctly repeated three times, in the
Mice of the prisoner. In the inter
vals of the calls the witness stated
that be heard blows inflicted, as if up
on a soft body. A watchman on du
ty was startled by the sound of blows
at the same time, and as lie approach-,
ed the door of the house w hence the
sounds proceeded, the prisoner open-.
ed the door and rushed past him, fell,
but immediately recovered himself
and ran with great speed I rum the
house. The watchman followed ami
overtook him, when prisoner immedi
ately exclaimed, “ he has deprived me
of my wife, and I have deprived him
of life.” The watchman re-conducted
him to his house, and entered his room
with him, when prisoner again ex
claimed—“ there lie lies, 1 killed him,
and meant to kill him, and am willing
to suffer for it.” The deceased, Find
lay, was then lying on a feather bed
on the floor, with his clothes, all but |
his coat, on, and in the posture of one
sleeping. Ill’s hear! was dreadfully
mangled, his left hand broken, And
pud.des of blood were on the bed,
paiTcularlj in tbe indenture made in
the bed by the weight of the deceas
ed’s head. lie was living, but insen
sible, occasionally groaning and gasp
ing ; and as lie gasped, the blood w hich
had flowed from his wounds on to the
bed, ran into his mouth. Near the bed
was a pair of tongs, with which the
blow s had been given, which w ere cov
ered with blood and adhering particles
of flesh. The wife of Ryan was in an
other bed ir. the same room, not un
dressed, hut asleep : and so remained
or appeared to remain, throughout this
scene of horror. R van was carried off
to the watch-house, where he repealed
liis foinier declaration, as to having
killed Findlay ; and Findlay was, in
the morning, borne to his ow n house,
and thence to the Hospital, where lie
died that night. He never spoke, nor
evinced any consciousness after tire
blows.
This was the short history of the
rase. On behalf of Ryan, most abun
dnntevidence was given that he was a
sober quiet, industrious, peaceable and
unoffending maw—w ho loved his wife,
all unworthy as she was, and who, af
ter davs of toil, would pass the nights
in watching beside the bed of his child,
lulling it to sleep in his arms. He had
remonstrated and entreated in vain
with his wife against her habits of
intemperance ami debauchery, •’•he
still gave herself up to them—and he,
on the. very night of the catastrophe,
had consulted, in bitterness ot heart, a
fellow lodger, as to what he should do
in such a miserable state. AN bile thus
excited, he had found his wife at Find
lay's, brought her home, Findlay ac
companying (liein—and being all to
gether in one room, in the dead ot the
night, and without human witness, the
deed was done, for which the prisoner
stood arraigned. As no testimony
could be offered of what occurred in
that loom, no history could he had of
the manner, or circumstances, or prov
ocation, under which Findlay came to
his death. It was left to the juiy to
determine whether the otVonce was
murder or manslaughter. ihe court
haling charged the jury distinctly
that if there was a reasonable doubt
in their minds as to the crime t*f the
prisoner, they were bound to lean to
the side of mercy —and the circum
stance of the call of the prisoner on
his fellow lodger, while the blows
were inflicting, which was distinctly
peeved, raising a presumption that it
might he a call for help against the as
sault of the deceased, together with
thecxtraoidiuary provocation to the
prisoner, led the jury, as it is presum
ed, to the verdict which, as we last
I evening stated, they pronounced ol
manslaughter. The prisoner was ably
defended by Messrs. Sampson, l).(ra
bani and lYuir. It is a remarkable
fact that the hair of the prisoner, (wi.o
has been now neai ly a )ear in con lini
ment, anil whose age does not exce.
28.) has from a dark brown become
quite grey •
The late Lord Castlereagh.
Lord Byron, in his preface to the
Continuation of Don Juan, speaks
thus of the iate Minister of Great Bri
tain.
- “That he was an amiable man in
private life, may or may not be true;
but with this the public have nothing
to do ; and as to lamenting his death,
it will be time enough when Ireland
has ceased to mourn for his birth. As
a Minister, 1, for one of millions, look
ed upon him as the most despotic in
intention and the weakest in intellect
that ever tyrannized over a country.
It is the first time indeed since the
Normans, that England has been in
sulted by a Minister (at least) one who
could not speak English, and that
Parliament permitted itselt to be dic
\ tated to in the language ot Mrs. Mala
prop.
“(If the manner of his death little
need he said, except that if a poor ra
dical, such as Wadilington or Wat
son, had cut his throat he would have
been buried in a cross road, with the
usual appurtenances of the stake and
mallet. Hut the minister was an ele
gant Lunatic—a sentimental Suicide
—he merely cut the caroled ‘artery,
(blessings on their learning,) and jo!
tin* Pageant and the Abbey ! and the
syllables of dolor yelled forth’ by the
Newspapers—and the harangue of the
Coroner in an cuiogy over the bleed
ing body of the deceased—(an Antho
ny worthy of such a Csesar) —and the
nauseous and atrocious cant of a de
graded crew of conspirators against
all that is sincere or honorable. In
his death he was necessarily one of
two things bv the law —a felon or a
madman ; and in either case no great
subject for panegyric. In his life he
was—vvliat all the world knows, and
hall of it will feel for years to come,
unless iiis death proves a ‘ moral les
son to the surviving Sejani of Europe.’
It may at least serve as some consola
tion to the nations, that their oppress
ors are not happy, and in some in
stances judge so justly of thejr own
actions as to anticipate the sentence
of mankind. Let us Lear no more of
this man ; and let Ireland remove the
ashes of her Grattan from the Sanc
tuary of Westminster. “Shall thej
Patriot of Humanity repose by the I
\Veither of Politics !!! ”
Os Lord Castlereagh’s successor,;
Mr. ( ’an rung, Byron remarks:
“ Canning is a genius, almost an
universal one, an orator,a wit, a poet,
a statesman ; and no man of talent can
long pursue the path of his late prede
cessor, Lord Castlcreagh ? If ever
man saved his country, Canning can :
but will lie. I, for one, hope so.
The following was among the vol
unteer toasts given on the on the 4th
of July, at the celebration of our In
dependence, at Georgetown Ohio.
Ihj the Backwoodsman. Our law
yers who have never wrested the sta
tutes to sanctify the cause of a villian.
Our preachers, who have never per
verted the scriptures to answer the
purpose of partyism.—Our doctors,
who have never administered useless
medicines merely to swell their bills.
—Our statesmen, who have not spent
their time at our public assemblies in
speculating, instead of legislating.—
May they long enjoy the confidence
of their clients, their congregations,
their patients and constituents. And
all the people shall say, Amen.
Indian Simplicity. —Capt. Frank
lin, in his interesting Journal to
the Polar Sea, gives an amusing
instance of the simplicity of the
Copper Indians. ‘1 he old chief
had a daughter who was consider
ed the greatest beauty of the whole
tribe, and so much the object of
contest among her countrymen,
that, although under sixteen years
of age, she had successively be
longed to two husbands. Mr. Hood
drew her portrait, much to the an
noyance of her aged mother, who
was exceedingly afraid, she said,
that her daughter's beauty would
induce the Circuit Chiet who resi
ded in England, to send for the
original, after seeing the likeness.
Fire in Jjaine. —Besides the dis
tressing hires which have occurred
in the counties ot Lincoln, Jkc. we
have heard of a very destructive
conflagration farther East. In Pe
nobscot and Blue hill, and between
M ason’s Mills and Orland, much
wood, and several buildings have
been destrbved. In some instan
ces the fire got round collections of
tattle and sheep in the fields, de
prived the in of all chance ot escape,
or being taken away ; but gradual!’
approached and literally roasted
them alive.
mT turoKmsi
\VtH~a\, Oct. ri., V'^6.
Trial for Murder. —At the term of the Su
perior Court tor Jones comity,(lris honor Judge
Longstreet pre-riding,! on Thursday the liith
came on the trial of John M. \V illiams for
the murder of his wife. Individual opinion ha
vin'l been so enerally expressed on this ease,
it was found extremely difficult to procure a
jurv, anil it was not until a whole day bad
Itet'n consumed that one could bn made up.—
15 witnesses were examined, hut no positive
lawful evidence could be- produced, although
circumstances did not admit a doubt of his
guilt. The case was managed for the prisoner
I V Strong and Satfold, and on the part ot the
State by the States Attorney,(King,) and Rock
well and Sparks. The case beingsubiniltcdtothe
jury, they retired only time enough to write
their verdict,which was brought in, pronouncing
the prisoner Guilty. He then addressed the
court at considerable length.hut nest tier directly
denied or confessed the crime. Jhe address ot
tiie Judge to the prisoner was in the tir.-l degree
eloquent and alfecting, w (rich the burst ot leel
ing front almost every-person present fully tes
tified. The time of execution is fixed on Fri
day the 7th November, it lias never before
fallen to our lot to record a murder of so dia
bolical and aggravated a character, and we
have never know n a case where a person was
tried for his life for whom so little sympathy
was excited. Williams is a young man ofabout
27 years of age. and leaves behind three very
voung children,w hich iris uw n unnatural crime
and the justice of the law will throw orphans
upon the world.
The Season. —For tbe first time the present
season, we were visited with a considerable
Frost on the nights of Friday and Saturday
fast. This, with the temperate weather which
has succeeded it, we hope will soon restore the
sickly parts of our state, and prevent the ex
tension of the evils usually attendant upon the
w arm season.
No Foreign News of importance has been
received since our last.
ADDITIONAL ELECTION RETURNS.
rippling, Swillev —Carr
Bryan, Maxwell— Alexander
‘Camden, Brown —Cone, Jones
Glynn, Maugham —Piles
11 ’ayne , She mel d— Ste\v art
Mrfntosli, Powell-—Thomas, Gignilliat
Liberty, Baker—Qwartcrman, Walt hour
Effingham, Powers—Burton
Messrs. Rose £,• Robertson,
Gentlemen —In obedience to„-tlie
request of a number of the citizens of Bibb
County, I with pleasure furnish you with tiie
manuscript of the charge delivered by me tothe
Grand Jury of that County at the lust Superior
Court. Yours, &c
ELI S SHORTER.
Gentlemen of the Grand Jury —We
have assembled together lor the pur
pose of discharging the respective du
ties assigned us by the constituted au
thoiities of the State. Amongst the
duties incident to my station, is that
of instructing you in your general pow
ers and duties, and of giving you in
special charge the substance and in
tentions of certain acts passed by the
Legislature ot Georgia.
In acting upon the various bills ot
indictment which may possibly be sub
mitted to your consideration during
the present term, you should remem
ber that a unanimity of opinion in your
body is not required, but that a bill
may be found true, or a presentment
be made upon the concurrence ot any
twelve members. It is also proper
you should remember, that, to justify
you in making a presentment, or re
turning a bill true, you ought not to
require such clear, strong and con-<
elusive evidence, as should be re
quired by a petit jury in order to
justify a verdict of guilty. W hen
ever the evidence submitted to you
is sufficient to shew that the laws of
the land have been violated, and that
the circumstances against the accused
are sufficiently strong to put him upon
his trial before the country,you should
return a true bill. But upon the other
hand, should the evidence be wholly
insufficient to produce this result, and
should it appear from a lull view oi the
whole case, that the prosecution was
wholly unfounded, or that in addition
to its being unfounded, the prosecutor
was actuated by vindictive and ma
licious motives, you should not only re
turn no bill, but also add that the pros
ecution is unfounded or malicious.—
The effect of such an additional find
ing will be, to compel the prosecutor
to pay the cost as a partial punishment
for attempting to muddy tire stream
of justice.
Whilst acting as a grand jury, you
possess other important powers than
those of acting upon such matters and
things as may be formally submitted
to your consideration by the proper of
ficer. You possess the extraordinary
power of presentment, and it is your
dutv to exercise this power in all ca
ses where it is required by public jus
tice. You posssss the right of inqui
ring into, and of presenting any viola
tion of the laws of the land committed
within the limits of your county ; you
also have a general superintending in
fluence over the public functionaries
of your county, and of presenting any
unlawful acts either of commission or
omission. The officers of your public
roads, ami the keepers ol your pubi.c
funds are properly within your teach,
and if you find that any of them have
slept upon their post, or have been
guilty of any culpable delinquency
whatever, you have not only the right,
but it is also your duty to present the
offender that he mav be condignly pun
ished. In a word, you buve the power
of inquiring into, and oi presenting or
recommending any measure or tiling
in which your count)’ has an interest.
I ciuinot permit this opportunity to
escape me without recon.'mending to
your especial protection the internal po
liceofyourcounty. Your residences a, e
fixed in a county containing wit,.bin its
limits a town upon whose growing
strength and future consequence the
public eye is steadfastly fixed. Tha t
it is destined at no very distant period
to become a place of very considera
ble commercial consequences, no one
who is acquainted with its local situa
tion, and the immense territory lying
North and West of it, can, for a mo
ment doubt. But it is equally true, l
that its march to respectability ajid
consequence will be greatly retarded
or accelerated by the moral deport
ment of its inhabitants. ‘I lie success
and prosperity of tbe town and of your
county are intimately connected, and
the same reasons and the same causes
which could hinder tbe advancement
of the one, will go very far to produce
the same effect upon the other. Your
county lias been but a short time orga
nized, and your town is just spring- 1
ing into existence, the seeds of vice j
ami immorality (if sown) cannot have
taken very deep root in so short a time,
and their extirpation will he easy if
undertaken with becoming vigour and
resolution. This good work should
not be delayed. Strangle ihe giant
whilst he is yet in his cradle, for if
you delay it, he may increase in
strength and power until you will ne
ver be able to overcome him. The laws
of the State have made ample provision
for the suppression of vice anil immo
rality in all their different branches.
Nothing is now wanting but a faith
ful enforcement of those laws. Should*
you go into the consideration of this
matter, permit me to recommed to
your attention the sth 6tii 7th and
IStli sections of the ninth division of
the Penal code of this state.
[Here the Judge read the several sections re
ferred to.
I particularly invite your attention
to the provision against keeping of
disorderly houses to the encourage
ment of idleness, gaming, drinking,
or other misbehaviour, &c. These
houses are the very hot beds of vice,
t'<ey are the nurseries of immorality,
and the verv charnel houses of corrup
tion and idleness. It is from such
houses that the miserable and degra
ded drunkard is seen reeling home to
heap abuse and obloquv upon an un
fortunate wife, and a family of inno
cent children ; it is from such houses
that the rioter goes forth intothe streets
or public places with all the furv of a
deamon, and all the rage of a madman;
and hv the aid of such houses, that
whole families are precipitated from a
state of comfort and respectability, to
the lowest state of degradation and
misery. If such dens of vice and cor
ruption do exist in your county, they
ought to be broken up. It would be
easy to multinly arguments upon this
subject, but l have neither the time
nor inclination ; I will therefore dis
miss this part of the subject, by re
marking that a becoming attention to
this matter, will make us in every
sense of the word, better men and bet
ter citizens.
The first statute which the Legisla
ture has expressly made it m v duty to
give you in charge, is upon the subject
of gaming, and is contained in the Bth
9th and 10th sections of the ninth divi
sion of the penal code.
[Mere the several sections referred to, were
read.]
‘fhe practice of gaming, is well cal
culated to blunt all the higher facul
ties of the mind ; to destroy all the
finer sensibilities of the heart; to ab
struct the attention of its voteries from
| all .substantial and useful employment
! and to lead them oil, step by step, uu-
J til they finally plunge into the deepest
vortex of idleness, dissipation, and
crime. In a word, it is a rock upon
which the fortune and fame of thou
sands have been wrecked. The Legis
lature wisely determined to strike at
once at the very root of this most ne
farious practice. They have com
menced the work of extermination, by
making it criminal and punishable not
only to bet, but to play at any of the
prohibited games already enumerated.
They have not stopped at simply de
nouncing the immediate offenders, but
have pointed their artillery against the
breast-works and entrenchments be
hind which,such offenders usually seek
protection, fhey have required that
this act should at the opening or com
mencement of every court he given in
special charge to the Grand Jury, evi
dently for the purpose of bunging
their extraordinary powei i ot preset,
ment in aid ot its enforcement. i () ,
word, the Legislature lias .1 one all u ,
on this subject, that could have bee',
asked or expected ot that body.
correspondent spirit upon tne pj r t „f
the officers, grand juries, i.nd . oril j
ami law-abiding men of tine State, i s
all that is now wanting to the finish', n#
of this business, l must acknowled
that 1 feel an additional degree of in.
forest upon this subject, from the fact
that offenders against this s tatute are
now dealt with very rigidly and strict
ly in almost every other cir cuit in tk
State. \Vc are therefore compelled
to pursue the same course in self do.
fence, for if they are allowed the small
est encouragement, if they meet wit,
the least sympathy this circuit will be
looked upon as a sanctuary to which
they can fly for protection, and in a
short time, you w ill see- these ill-oiuer
t ’d birds of the night travelling i u
flocks to your courts, and other pul,
lie meetings, ready to prey upon tl,
unfortunate, ignorant, or unwary. J
trust tU.sre is sufficient virtue and firm
ness in u'our county, to avert such a
state of things. I now give you in spt
cial charge .the whole and every pan
of this statute upon gaming, and I so
lemnly warn yv ,u that it any billiard
room, gaining ho.use, room, or table, i>
kept within your county, or if any oth
er violation ot this statute should come
to your knowledge, it is your duty to
present the offender.
It is also made my duty to give you
in special charge the substance and
intention of “ an act to prohib it slaves
from selling certain commodities there
in men 1 toned passed the 18tViof Dec.
1818.
[Here the Judge read the statute to the ju
ry.]
It is no part of our business to en
quire into the policy which cl ictated
this statute ; its execution alone de
volves upon us. I am far, however,
from intimating an opinion, that it is
either an unjust or an impolitic law;
on the contrary, I am convinced that
its strict and rigid execution will
greatly benefit the slave-holding part
of our community, by rendering lest
vicious that species of their property.
I wish vou now distinctly to under
stand, that you have this statute in
special charge, and that it is your duty
to present any violations of its provis
ions which may conic to your knowl
edge.
Grand Juries are frequently mucsi
embarrassed in the procurement fit
evidence upon which to found their
presentments. This difficulty m faci,
is not half so great as is generally ima
gined. Whenever you receive infor
mation that any particular offenc - has
been committed at a particular time
and place, the better course will be, tc
form your presentment, but before you
act upon it, direct subpoenas to issue
for the purpose of coercing the atten -
dance of the witnesses, who upoti their
appearance will be. sworn in the usual
way in open court, and sent before
your bodv for examination.
Should you find it necessary to make
any presentments during the present
term, for any violations of the law,
you will do well to describe the of
fence in such language as that the
court and jury can clearly understand
it. It will also be necessary to state
in your presentment the time when
anti the place where such offence was
committed. With regard to the lime,
it is necessary that in all presentments
or indictments a particular day should
be charged,but it is by no means neces
sary to prove the offence was actually
committed upon that identical day; for
proof of its commission upon a differ*
entday will be every vvay sufficient.
But in relation to the place, it is high
ly necessary that you should be exact
; and particular, for unless it appears
from the presentment that the offence
was committed at some place within
the limits of your county, the coui
cannot exercise jurisdiction over the
case, consequently the offender would
be discharged without a trial. 1”
avoid difficulty, I would respectful!}
recommend to you, the propriety “l ap
plying to the Solicitor General for tin
formal par sofa presentment, which
you can use as circumstances may rc
quire.
Much contrariety of opinion hti*
existed, ami perhaps does yet exis
amongst legal gentlemen as to the tin l1 ’
at which your duties commence. Some
have argued that they commence a
the time of vour names being drawn
out of the jury box; others contem
that ti>cy commence alone from t ’ u ‘
time of your being subpoenaed to at
tyiid court; and others again an*
opinion that they do not commence un;
til you are actually organized a“
swoin. It is considered unnccossaiy
to consume your time and weary y t,ul
patience, by travcllingback to the mi
ginal institution of a grand jury and t >
point out to you the various chan;, 0
which it has undergone up to the P |(
sent time. Such an inquiry’ could ot
I v teach us, that our mode el selecting
and einpanneling a grand jury
seutinllv diftercut from that ol * J i *