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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 *