Indiana State Sentinel, Volume 9, Number 24, Indianapolis, Marion County, 22 November 1849 — Page 1

INDIANAPOLIS. NOVEMDEK 33, 1849. Mus&aeliueits Election. Boston,' November 13, P. M. We have returns from the whole State, except a few towns. The vote for Governor stands: Briggs Whig 49.092, Bout well Democrat 23,069, Fhillips Free Soil 23,332.

Erjjjs falls short of an election by the people 1200) votes. There is a Whig1 gain in the House. Their majority is about 100. In the Fifth Congressional District, Palfrey Free Soil is defeated, there being no choice. Boston City gives 200 Whig majority. New York Election. New York, Nov. 13, P. M. The Whigs hsve 1500 majority on the State ticket. It is thought there will be a lie in the Senate, and one majority in the House. A couple of days will settle the matter. The vote ia close all around. Wisconsin Election. Dewey Dem. is re-elected Governor. The Democrats have carried every thing. OrOne of the smallest outrages uf Taylor's small potato administration, is the duplicate advertisement of the "list of letters," remaining in post offices at tated times, in certain places. This is done at Patsburgh, Louisville, and perhaps other places. The object is to furnish pap to a greater number of whig papers than would otherwise get spoons into the public dish. At Louisville, for some reason or other, the list was first given to the Courier, under the laws requiring it to be given to ti e paper having the largest circulation in the xicinily of the post office. Whether this was right or not, we are rot able to say. The postmaster there, as at Indianapolis, might have refused to put any construction upon the indefinite verbiage of the law, leaving each publisher to construe it for himself. If so, the probable result was there, as it was here, the publisher Laving the most elastic conscience, would construe the law most liberally for his own interest, and swear accordingly. Be this as it may, the list was given to the Louisville Courier, as above stated, and the Louisville Journal, being somewhat "under the weather," in various ways,made a fuss about it ; and the post office Department at Washington, in order to escape its abuse, ordered the lit of letters to be published in the Journal also, as well as ia the Courier. Now this is a email swindle, and would be hardly worth talking about, if the money was gouged from the post office treasury, so that every body would be taxed alike, to make up the beggarly fund necessary to keep the breath of life in the Louisville Journal's nasty carcass. But this is not the case as we understand. The extra advertising is charged to the owners of the lexers: and thus a letter, for instance, from Cincinnati, is taxed five cents fur postage and four cents for advertising. Nor is this all. The whig papers are so hungry after the tuppenny fees for advertising', and the Taylor postmaster is so much more in their interest than he is in that of the public, that he is suspected of hiding back letters which are enquired for, until after they are advertised, so as to secure the "black mail" to the two whig papers. So we are assured by a most respectable whig recently from Louisville, who related to ns facts and circumstances which we have no reason to doubt. Wp finno tlmt r?nnrn will lririlr intn 'ho ht-e!niaa important, because it is veay annoying to citizen, in other places no doubt, as well as at Louisville. There are some other features in the postage laws which need reforming, which we shall indicate hereafter. Triumph Of Democracy and Lnw! Cincinnati, Nov. 12. The Hamilton court of common pleas gave its decision to-day in the case of Broad wel I and Ruffin vs. Roll, the county clerk. It was an application to dismiss Roll for giviog certificates of election to the Democratic Representatives from this county. The court decided (Judge Saffin lliilnl inrr tKt it AA nnf ft 1 it ita itut In i ntkrf..r f- " J ........... in the matter. The complainants could seek redress by an appeal to the Legislature, the proper tribunal to decide it. No proof has been offered to show that Mr. Roll had acted corruptly in the discharge of his duty, but, on the contrary, it had been admitted that he had acted conscientiously, and could not have done otherwise than to give the certificates to the persons who received the highest number of votes as certified by the judges of the election. The case was dismissed and Mr. Roll declared not guilty. The opinion was delivered by Judge Hart. This knocks the sand from under the rebellious whig managers in fine style. It crushes one of their at tempts to ruin a man, because he had nerve enough to do his duty, in defiance of their threats. This is a condemnation of whig politicians, by whig judges ! f We would like to ask theSentinel why it said, "we are not at all surprised at the objections thus raised by the Lxpree. 1 you think ns less benevolent than all others Wabash Express. We said so because it was true. We did not think the Express less benevolent than all others, and that was the reason we qualified our remarks at the time. We have no disposition to accuse the Express unjustly. We have no doubt of the honesty of his intentions, in regard to a State orphan asylum; and just as little that he has condemned the mere abstract proposition too histily. By the way, we do not consider that our approval of the general sentiments of a correspondent, should make us responsible for all his arguments. Camfohüu Slavery Prohibited. The "Empire City" recently arrived at New York from California. Despatches by telegraph state that she brings news that the constitutional convention "had decided by a unanimous vote that no slavery shall ever be permitted in California." This is as we expected, if the people were not overruled by the intrigues of Southern Taylor agents, ith Butler King at their head. Qp-Mr. John F. Resd. son of the Hon. James G., is announced as a candidate for State Agent. Mr. R. has always been a true and thorough-going democrat, and is highly spoken of by those acquainted with him. ----- DON'T GO WITHOUT THE WOMEN!—A letter from California says that emigrants should take their wives with them: "Them injin wimmin is shiftless creeturs, and if yon hire one to keep your things decent, she only loafs around while yu're hard at work, pick in hand, puttin' in for the yaller boys. To be shoore there aint no fether bed thar except the bed of Fether river, and the wife of your buzzum would have to sleep on a buffalo robe, but she woodnt mind the skin, with a lovin' husband to share it with her. "The world was sad, the garding yards run wild. And man, oneasy, sithed till wummun smiled.'" We sympathise with that unfortunate individual, very keenly, we do. ----- NAVAL.—U. S. frigate Independence, (60) Capt. Blake, and Cumberland, (51) Commodore Morgan, were at Naples on the 7th ult. The U. S. brig D J phin was at Macao June 11th. 1 Charles C. Hitieline, Esq., formerly editor of the New Albany Democrat, hs been nominated for the Legislature in Camden county, N. J. Success to him ! The Best Thin'o Yet. Bricks made of glass are ' now used in London in the construction of buildings, for the purpose of introducing light without lessening the strength of the walls.

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Published every Thursday. An Eloquent Passage The Methodist Quarterly Review for Oct. 1349, contain? a very interesting article, reviewing the "Narrative of the United States Expedition to the River Jordan and the Dead Sea, by W. F. Lynch, U. S. N., Commander uf the Expedition." This article is frotn the eloquent and able pen of the Rev. Dr. Durbin, who is justly accounted to be one of the most distinguished divines of the M. E. Church. Those who do not see the Quarterly, will thank us for this extract; teeming as it does in poetry and sublimity: "On the 19th of April, the eiehth day of their voyage on the Jordan, the expedition emerged into the plain of Jericho, with the Mountains of Moab on their left, the terrible wilderness of Judea on their right, and the Dead Sa before them. They encamped at the Pilgrims Ford, where the Christian crowds were to bathe on the following morning. A beautiful engraving illustrates this interesting scene. Let us take our stand on the bank, where the pilgrim host is seen descending to the water, while the American boats, with their crews, are anchored in the stream. All are evidently filled with wonder aud reverence. And well they may be; for on the distant range of the Mountains of Moab, seen beyond the river, the hosts of Israel appeared more than three thousand years ago under the conduct of Moses and Joshua. Upon one of these perceptible summits stood Moses and gazed upon the Promised Land, while the Lord said unto him, "This is the land which I sware unto Abraham, unto Isaac, and unto Jacob, saying, I will give it unto thy seed: I have caused thee to see it with thine eyes, but thou shalt not go over thither." Moses cast bis eyes down the western declivity of the mountain, and saw his people encamped "in the plains of Moab," by the side of the river. He gazed for a moment, sad, yet full of hope and resignation, and then died in peace over aguinst the Promised Land. For him, during thirty days, the sighing of the old at evening, and the wail of the young in the morning, were heard along the banks cf the river. The time of possesion had come: God had conducted the people to the gate of their future home. But it was harvest-time, and the,swellin.-s of the Jordan were at their height. (Joshua iii. 15.) As the day dawned the winde camp wa& in motion; the tents were struck; each tribe marshalled under its own banner; while at the edj'e of the rushing flood stood Joshua, pointing with the "rod of J-d" to the spot where the advancing prints bmring the ark, were to step into the water. With unwavering tread they approached; and as their sacred feet touched the whirling flood, it recoiled backwards, and stood as a high wall above them, while below it rolled away to the Dead Sea, laying bare the deep bed of the river. Here the ark of God rested on the bottom until the whole host had "passed over on dry "ground," and stood in silent wonder on the very pxrt where the pilgrims arc seen in the foreground of the picture. As the ark came up from beneath the wall of water, the floods returned. Then the air wa rent with a shout vf triumph which startled the city of Jerioho at hand, and died away amid the hills of Palestine. More than a thousand years passed away, when on this same spot appeared an austere man, of commanding form and powerful voicp, whose life had been spent in trie terrible wilderness which borders the plain of Jericho to the we6t, and, lifting his hand on high, he cried to his guilty countrymen. "Repent ye, for the kindom of heaven is at hand." He required them to be baptized in the Jordan, as a symbol of this kingdom. The pungent reproofs, and the earnest faith of the Baptist, drew the whole country to the river; and the streets of Jerusalem became silent, because in penitence and hope the inhabitants had gone down to bi baptized. Suddenly the Baptist paused in his holy work; and, agitated and silent, he stood looking intently on a meek but heavenly form that was approaching for baptism. John recoiled from the holy and mysterious person, and forbade him, saying, I have need to be baptized of thee, and comest thou to me! And Jesus said. Suffer it to be so now: for thus it becometh us to fulfil all righteousness." The vast multitude breathed not, as these two mysterious beings descended into the water. As the sacred person of Jeus ascended from the river, a mild illumination, in the form of a "dove," crowned his blessed head; and the multitude was suddenly awakened 1 to a comprehension of the great event, by "a voice from heaven, saying. This is my beloved Son, in whom I am well pleased: hear ye him " Nearly two thound years have rolled away since this great event, and yet its powerful associations are felt throughout the Christian world. By the 15th of April of each year, a vast crowd of men, women, and children, from Europe, Asia, Africa, and American, are asss'mbld in Jerusalem. A the morning dawns on Mount Olivet, the Mohammedan governor of the city, with an impwing military brgade, is seen deploying through the Damascus gate, while.the pilgrims, some on foot, some on horseback, some on camels, some n donkeys, are assembled outside of St. Stephen's gate: the aged and sick, the women and children, are in baskets or large panniers slung over the backs of camels. As the gay cortege of the Turk winds round the western and southern slope of Olivet, the Christian hos', in the most picturesque confusion, follows in his train for protection. At eventide they are on the plains of Jericho, about a mile from the Jordan. The guy tent of the governor is the centre of the thousand groups which, under the open ln-av-rns, lire assembled around their little fire These d;e out as the night advances, but sleep rompg not 'o the weary and expited multitude; for they are to bathe to-morrow morning in the Jordan, where the Lord of life and glory was baptized. At three o'clock, A. M., the camp is in motion, and the columns ad vance, in eager disorder, to the margin of the river. The lusty swimmer leaps into the sacred flood the timid female seizes the branch of a willow tree, and lets herself down three times beneath the water the feeble old man's step is steadied by his brawny son, and as he comes up from the stream he feels that he is content, for the purposes of bis life are accomplished. Suddenly a faint shriek is heard, and a shiver, firt of horror, and then of joy, runs through the multitude. The rapid current has carried away a pilgrim; and she finds an enviable burial in the holy river. : - , Scarcely two hours have elapsed, and the vast multitude is retracing its steps across the sandy plain, bearing on high branches of willow, acacia, or cane, which they have plucked from the banks and dipped into the sacred waters. An hour more, and the rear portions of that wonderful throng have disappeared high up in the dark craggy mountains of the wilderness of Judea, and at night will sleep under the walls of Jerusalem, around the garden of Getheemarfe and the tomb of the blessed Virgin in the valley of the Kidron. Disunion Convention in Misnssii-ri. A conven tion purporting to be a State Convention, was held at Jackson, Mississippi, on the 3d instant. Sixty-tune persons were present from thirty counties in the State, which contains some sixty counties. The Convention resolved that the passage of the Wilmot I To i so, or any law abolishing slavery in the District of Columbia, would be -SmicIi a breach of the Federal compart, as in that event, will make it the duty, 4 it the right of the hveholding Slates to take care of their own safely, and to treat the nou-slaveholding States as enemies to the slaveholding States and their d imes! ic institutions." It a I o records a Convention of the slaveholding States at Nashville, Tennessee, on the first Monday of June nex , to consult upon the crisis, &.r. The following resolution is the queerest one of the batch passed by these sixty-nine individuals: "That the legislature Is hereby requested to pass such laws as maj , in their opinion, be best calculated to encourage the emigration of citizens of the slaveholding States, with slaves, to the new Territory of the United States." It had better pass laws giving a bounty on tho exportation of slaves to the Pacific. National Era, Gas. Chicago and Milwaukieare about to erect gas works the former at an expense of $130,000; tl.e latter at $100.000.

INDIANAPOLIS, NOVEMBER 22, 1849.

TIUAL FOIt MlTllDER. Marion Circuit Court, November 7th, 1S40. STATE vs. MERR1TT YOUNG. Second Day. Court met ptmuant to adjournment j and he proceeding of the previous day were read and appiuved. Wm. Stuck vii brought into Couit ty proce-s issued by the Cm t on jestetday; and aitei elimination, wis fined two dollai and com fir noi answering prior ummoii. Empan netting the Jury The morning was spent ia empaiiuelling a jury, and Ibra the durt adjourned, on motion uf defendant's counsel, at half past 11 o'clock, till 2 o'clock, P. the jury not having been completed. 2'eoc,P. M. Court met pursuant to adjournment, and the completion of the juiy resumed. After examination, the following eeoiiruit'ti wen sworu as me juiy. John B. Fuigason, Wm. T. toid. reter dum-, David Rsy, David Snyder, Hiram W light, Lewis L Urown, The following- gentlemen set orpoite their names. .Fiedeiick Hartsell, Abel Catterson, Clement Peeiy, W. D. Stat key, Lewis Tylyer. weie set aside for the reasons W. Y. Wiley, set aside for caose. John Be-lebe r, set aside for cause. S. W. Noni, set aside for cause. S. J. Pitei son, set aside for cause. Robert Tucker, set aside for cause. James Cbsrry, peiernptory challeuge. Jacob Smock, peremptory challenge. Gen. R. IJanna, set aside by Court. Thomas Morrow, peremptory challenge. P. Spooable, peiernptory challenge. Wm. Light foot, peremptory challenge. Jonathan Cowgei, peremptory challenge. Richard Gilbeit, set aside for caue. Henry B. Goodhue, peremptory challenge. Wm. Cnlbertson, peremptory challenge. D Z. Ellis, aet aside for cause. Daniel Pursed, peiernptory challenge. Benjamin Arnold, let aside by Piosecution. Henry ßrenneman, per. challenge by Deft. Eli Wilson, per. challenge by Deft. Samuel McLaughliu, per. challenge by Deft. Joseph Johnson, per. challenge by Dtfl. Lot Ragan, set aside by Prosecution. George Carr, per. challenge. Cbailes Moore, act aside by Prosecutor. Jacob Glazier, set aside by Prosecutor. Garrett Snodgrass, aet aside fur cause. Chailes Armstrong, peremptory challenge. James Hensley, set aide for csue. Richjot Berry, set aside for cause. Henry Ohr, set ai1e fr cause Adam Haugh, pererap'ory challenge. ' W. V. Staikey, set aside for cause. M.irris llowlaod, peiernptory challenge. Haivey Bäte, set aide for caue. Thomas Joluioii, set asile by Prosecution. Joel Kemper, peremptory challenge. Will Pruett, sit aside for cause. John McMahan was discharged by reason of sickness in his family. We do not deem it necessary to publish the examination of the witnesses in full, as it would occupy too much room, and have no especial bearing on tbt case. " For cause " may be geneially understood to mean the formation and expression of opinions, be. Peremptory challenges are understood by all. The Jury were eloquently addressed bv the Court, placed in charge f ofEceis, iid the Court adjourned to Thursday moiuing, 9 o'clock. Tut7BSD.lT MOBNIHO, NoV. 8. Couit met punctually, proceedings of the previous day weie lead, collected and approved. The witnesses for the Slate were then called aud sworn. Also, for the Defence. The case was then opened at quarter past 10 o'clock, by Hon. D Wallace, Piosecutor for the State. The iudictmcnt bein first lead, and the law applicable to the case read, and fully explained as to the fiodiug of a veidicl, whether guilty of tnuider in the firct degree or second degree, and manslaughter, and their various penalties stated iu a short but eloquent address. witbtmes roa nie state. Mrs. Elizabeth Crosby. Was at choich on t'ie night of the murder. On her letuin, before church was out. she saw two men, but did not know them. They were near the cor ner of Drake's hotel, and near a store door. Theie was a store bux near, and one of the men was standing against the building, the otiier ou tne outside ot the box. Ueard one ol them, the one standing next to the aiore, remark, " God damn you, I will be iu that fiht" Saw nothing in the haods of either; did not notice particularly in this respect1 bioks one was taller than the oilier. The smaller one who made the lematk, M God damn you,"Stci, was the one standing against the stoie. Did not look back till I had passed, when beaiiog the aouud of a board falling, I did so, and saw hat fall fiom a man's head. Did not see any other person. Mis Reagan was with me. 'Ciossed over to Mr. Reagan's heaid there that the man was dead, and then went home. Saw a man mn to the sheet and fall, and thought I heard one man groan. It was after the man fell a second time. that I heard the groan. Saw a man running after the falling man, when he appeared t fall on the man that was down. Did out see but one following. The followioc one appeared to sloop, and they apparently got up, and the first fll-n one run over towaids Browning's. Was coming from Wesley Chapel. Was coming east. Did not notice the persons tHI I was close to them. Did not notice their talk till I head the exclamation, " God damn," Etc. Heaid the board fall. Looked around and saw the hat fall off the man. Thinks they were then not far from the same nlace where the transaction commenced. Wat not more than some twenty steps pail theru when he looked round. Cross-Examined. Vitt coming from chuich in company with Sophia Reagan. No gentleman was with us. Was f lightened after I saw they were fighting. . Theta appealed to be astute box between them. Lights were burning Saw the smaller man raise bi haoil. Nut much acquainted theo with the stieets, but crossed at the first comer. Was not op to the corner at the time I looked back. Was much frightened when I learned there waa a fizht. When I looked back, it was when I heaid the crack of a board. It was liebt enough to see. Tbiuks it possible that iwo men might have follow ed iioo the ttieet. aide br ide. sides beioe toward me. Direct Resumed Did not take notice of any other person on the oppoMM fid of the street Did not think Iber was but one man, in answer to cross-examination, as to the probliiiy I there being two side by side. Thinks it was beon 8 and 9 o'clock. 1'. M. The technical examination of place, &c, was conceded on both si tes. liooeri w or. 1 1 be Lourt was detained br this witness absenting Irimxelf, and declared his recognizance forfeited $200. He wa sent for, and after a delay of 17 minutes, he came into court Sworn. Was teturoing from the P. O. Heard considerable racket. Saw ibree men. the middle one apparently holding the other. Heard the board fall. Suppi!fd it Iu be the sound of a nine board. 6 or S inches wide. and four m five fe it long. Has not seen the board in ques tion. V hen bearing the fcoise, apparently of a scuffle, made towards the direction of the ouise. Saw the three men in the direction of Drake's Hotel. They were on the outsile of the sidewalk when 1 first saw them. I heaid the noise be fore I saw them. They appeared to be three, one in the mid dle holding the others. 1 could not see whether the middle one had hold of the otheis. They appeared so. The latter one on breaking away ran angling across It stieet, first one ay ana then the other. He fell on the tint crossing. The other, Young, made a terrible blow at lum. Couldn't tell whether be struck him, (dee'd.) or not. Heard no sound of a blow. The deceased arose, or attempted to do so, and Young was close after him. . The Marshal took Young. 1 be men when I first saw them weie on this the nortb side of Wasbingtou street near Drake's hotel. Could not leu whether there weie other than the lamp posts on the street. When deceased staited to ran, he ma towards Brown ing's (in a s. k,. direction) on Iba street, about one-third the way across, or half way from the curb of tbe sidewalk to the McAdarnüed coib. Was told that Young was the person who chased deceased. Young was after deceased, and the latter was in the act of rising, when Young stiuck at Dim. Witness first heard the none when neir Browning'. Was not probably mora than 10 or lt feet-weat of B.'s ha tel when he first heaid the distaibance. Was not over 8 to 15 feet from vheie dee'd last felt. Saw him fall first in the McAdamized pait of the street. Suppose be ran 60 Utt before he fell the second time. Thinks Bihop was rear half way fi-rm tht place where tLe affray first com me need to wheie deceased waa when he got op the first time. Young left for the side walk after he made his first pass i and when deceased gut np and ran again, Young started after him, apparently to bead him or cut him off; oor last before be le ached bun. deceased fell a aacond time. Several then came about, soma from Bmwning's hotel, which tendered it difficult to designate patticulais Did not see any kuives or other weapons. Questions were heie muliiplied niUly, and at the aogeslion of the Prosecutor, witness made a:i oft-hand diagram, which he explained to the jury, ic. Most of the quetiuns Ix-ing but repetitions of former one, aud the witness .being pretty tonguey, a few a im weis are omitted Witness bad helped to open the clothes of deceased after lie bad fallen. Went for a pbyii cuo. Was eooe not above three minute. On hit icturo, found deceased in his last CSP- Deceased said nothing, but made a kind of a gioan. He fell in s heap, as it weie, but Immediately stiaihteued out. Cross-Exnmined. Fiist heard the distort jnce about 9 P. M. as near as he could judge. The PostCfBce was closed. Did not know either of the parties personally, or by sight. Knew Bi'h.ip, the Marshal, by siht and by name. I was just above Biowuiog's when 1 tint saw them. They were then on the edge (outer) of the side walk. Heaid a board fallt supposed from the sound (hat it was a white pine The decision by tbe Conti in teference to Gen. Hanoa was on tbe ground that he admitted that be was biassed or prejudiced, inasmuch as lie there declared that M he was alwass obDOsed to this knivinr " A ttf remark wer made i by counsel en either aide t and the decWon of the Court, (we thru la.) met tire approbation of ell

bojrd. Don't know the difference between tbe sound of a whi-e pine board and one of tiny other kind of timber. It is my opinion only that it was pine from its sound. Thinks it muM have betn a board tbat fell. Fi'St altenti n was attracted by the noise a of diy goods boxes rati ting, but herd no blow struck. Can't tell whether it was est or west of tbe lamp pout t am n t able to ay how far. but it might have been within ten feet. It appeared that Bi-t.op bad each of the parties in hand. Deceased was ex-ning himself to get away I jndged of this from the positions the putics weie afleiwatd in. I suppose the paities weie 20 or 25 yards from me when I first saw them. Witnes did not know the wid'h uf the stiert, or probably he could approximate nearer. Could see the persona statt from the edge of the idt-walk, but could not recognize them. Knows Bishop and the others only by the position in which he found them afterwards. When witness firat tea id the scuffle, thinks he heard some one say,' Hold on to that," or stop that. Tbe paities appeared to be in Bihop's clutch when they staited to run. Was running toward ibem when I aaw the pass, and supposing they weie in p'ay. Mislead of fighting, I halted, as I did cot wih to make a Unerring stock ol myself. Did t o! w ish t do so, because they would have laughed at roe, if in play only. The halt was but for a moment, as the whole transaction wa qoickly over. Suppose the deceased ran some 20 yaid, and fell towards the west on his face. Deceased recuveied t imself as soou as possible was a trifle wel of wheie he started from. , Saw ibe pass made overhand, but heai-l no blow. It anpearrd to witoes that the blow was aimed at the left side. He rao a fa-t after he got np after the fiist fall as btfoie, until he tieaied the silewalk, when be fell. Fiom the uatuia of the case, looked at the paities all the lime. Pending tbe cro-a-examination, it being noon, the Court then adjourned till 2 o'clock, P. M. 2 o'clock, P. M. Court met pur-uint to adjournment. One of the jurors being suddenly taken ill, the Couit adjourned till to-moirtw mouing at 9 o'clock. Friday Morkihg, Nov. 9. Court met pursuant todjournment ; proceedings read and approved. Robert Wart re-called. Cross-examination resumed. Counsel requested witneas to explain tu him the ground noticed by him yesterday, when on tbe street Witness

refused ; gave hi reasons ; paced the ground and lound it to De 4o to 4 yards ; the street was wider than lie had supposed; made a difference nf about one half by meaaurement ; waa nearly opposite the lamp post as he recollect when first the deceased fell ; the light waa not overly bright nor overly dim : did not notice tha opposite lamp particularly ; paid no attention to it; it was light enotign iu uisunguisu persons on tha opposite aide; could discern persons distinctly south from where I stood; was standins; near the cutter; can't say how far 1 could eee persons east or west ; dUtnnce east and west between the lamp posts probably GO or 75 feel or thereabouts; when I'lnllip first fell, he fell east of the lamp post opposite of Drake's Hotel ; suppose it was about 15 to 25 feet eat ; when deceased started first lo run, he ran in a south-easterly direction ; the placu where he full would not vary over ten feet fmm the lamp post, was probably east ofii; has paid no particular attention to the ground since the transaction ; at the best of fits recollection, they wera east of the lamp post at Drake's ; don't recollect the character of the night, bot in runs in his mind that it was a kind of hazy moon-light night; streets were considerable dusty ; a stir would raise considerable dust ; recollects considerable dust being raised when deceased fell ; could not tell whether the man who chased deceased jumped over or run around him ; could tell whether the man had his fice or back to him; he used his right arm ; ha stood his back to me when he made the blow; at tho lime the thrust was made, deceased fell towards the west; blow appeared to be aimed at tha central part of the body, but could not tell -whether it hit him ; was standing 20 or 2G yards from where the de ceased leu and tiro pass was then made ; looked at the person, but did not took at his head distinctly nor bis a ..a a m leei aminc'ij ; mere was sumcient light to see a man a head or hit, lej.s ; .could have seen deceased had he turned round ; lecoaeed was only on the ground long enough to gather himself no : thinks he raised himself on the same ground on which he fell ; h ran just as fast alter he raised at the beginning as before he fell, say 15 or 20 yards; can'x tell whether he ran straight or bent; lie walked, just betöre lie fell; thinks he did not goon all fours for any distance; did not hear any thing said; " " vw. rc,cvri. 1 I til a 1 1 1(1X3 iv ICH , when the person made the pass, that person walk ed towards tl:e north side walk, and was some 10 or 12 feet from the fallen man when he rose to his feet t one, who appeared to be iiisliop afterwards, was coming to wards deceased when he was getting tip ; it wes Bishop ; knows Irom the position ot the parties; could see dis tinctly that there were three persons ; could not tell one of the persona from the oiner at the distance I stood knew Bishop by the position of the parties: there was nothing to prevent the one who made the pass from re treating, tt he wished to; did not see any knife; it would he owing to the particular position in which a knife was held, whether I could eeeit; I did not see one; saw, when deceased commenced rufining, the one who made the pass commence running after him; there were several persons around when he fell; was watch ing the particulars ; when deceased fell, Bishop came up and took tne prisoner; don t know whether the delen dant is the person whom Bishop arrested ; they broke lootre from Bishbp on this ilia north side of the street; and Bishop ciossed over and took the other person; he did not take the person before that; judged from the directions they were running, that the person endeavored to cut deceased, off or head him ; they ran towards the kllev at Browning's; deceased first ffll west of the alley a trifle ; thinks the same man whom Bishop rrrestcd was the aame one who made the pass, and nothing would j ever make him believe otherwise. (The diagram made on yesterday by witness was here explained to the jury.) j I he light was not sumcient to distinguish countenances ; the person, after making the pass, walked away; when ed deceased as ne rose, he ran ; am Irom Cin cinnati ; have been here a little over a tear: m Year ago the last 14th of July, about half past one o'clock, I. Al.; 1 landed here with my good and chattels. Direct resumed follows the boot and shoe business ; have a family ; saw about a year ago, the mother of deft, about buying a lot ; there is no difficulty to the amount of a straw or hair, betwet-n any of us. Mrs. Luzabelu Litcpcr Vas not acquainted with Is rael Phillips, deceased ; knew him by sight; knew Air. 1 oung by sight ; recollects the night ol the occurrence, but not the date; saw the parties al RobVrt chaprl ; saw defendant get up and follow deceased out of church ; deceased left first ; it was about 20 or 20 minutes befoie the church was out ; noticed the circumstances particularly, because the preacher had spoken thai etpningnn the subject of leaving church belbro tho closu o the services; could not aay how near the parties sal together; first saw deceased on his way to the door; my attention was called by the noise he in ad a in walking; deceased was but at the door, when Young followed him. Young was on the east side; did not see where deceased certainly sat. a he was on his feet when I first taw him ; the door waa about to close after Phillips, when Young started; witness sat neaily opposite the desk, near the front of the seots, facing the congregation ; deceased walked lightly, Young walked heavily. Cross-examined Can't tell exactly how the church stands ; it is a large church ; there are four rows of seats; thinks Mr. Phillips was pitting a little back of Mr. Young two or three seats; deceased was in the centre row, on the cast side, not quite up to the centre ; Young was sitting nearer the pulpit; thinks deceased was behind Mr. Young; deceased was near to the door, when Young started; witness was near the pulpit, in the 'Amen coiner, on the east aide ; aaw deceased when in his seat, and when retiring; knows decessnd by sight 5 or 6 years; have known Mr. Young some time, but has no acquaintance with either; deceased snd defendant were all she saw gel up and leave the church so near together; don't know of any other people who left on that evening; it was a common occurrence for persons to leave ; there was a pretty good congregation present but not crowded ; don't think any one left after d.fceased and defendant ; can'l say whether Young saw Phillips go out or not; rcillips walked lixlitly, Young heavilv ; was looking at Phillips when I saw Young get up ; Young could see Phillips bv turning partly round ; can't tell how far he nat behind Young; could recognize the fea lures of the parties fiom her enaition ; was not as far from I hillips as across the court rotn ; could not tell the distance to feet; did not see when loutig ctme to church, nor when Phillips came ; don't know which came first ; nnvrr spoke to rillier of them in my life. John WsVAtni absent and attachment issued. Adjourned to two o'clock 2 o'clock, P. M. Conrt met. Peter F. Jfewland Am coroner of this county ; held an inquest on the body of Israel Phillip immediately af ter his death. Urs. Gall, Mot beruhend, Gastnn arid Hunt, were the attending physicians. Hera were produced a board and knifa Ilcived this knifn from Bishop, and the board from Mr. llav ; the blond on the board got on it after I received it, accidentally ; when the board was given to the coroner's jury, there were marks of a knife on it, but they are not so plain now as then; the knife marks on th night of the murder appeared tu be fresh; the knife is the same that came into my hands it was then bright. But owing to the post mortem examination, it appears lo have got moist, by which it is discolored somewhat. The knife marks were on the rough side of the board; Bishop hesitated about giving up the knife; it was just after the death, before they had stripped deceased ; was present at the examination J there was only

nf ill j jf iff. X.."'S,.l,.r$

Volume lX:::::::::Numl)cr 21 one wound on the left side ; saw when the doctors examined, that the kntle had entered the heart. Cross-examined Thinks that there were three or four marks of a knife on tbe board. They, tfie marks looked fresh. The board was then not as dry as now. The board was then heavier than now There were no similar marks on the other side. Deft, had his arm hurt, and thinks it was done by a nail in the board. On the uiht of the inquest saw ihn wound on defendant's arm. Not a bad looking one, but defendant appeared lo b in a great deal of pain. It appeared to be on the inside of the arm. .Did no examine his arm, and did not know of any bruises. Thinks he could knock a man or a hog cold, in his ordinary strength, with the board. The sixe of Deceased when in health, was a moderate sized young man, but he had been in ill health sometime. Suppose there might have been 20 or 30 lbs diflerence in the weight of the two. Suppose deceased would have weighed about 125 to 150 lbs at his death. lie was man built fur strength, well put together. Thinks Young not so slout now ns at the time of the transaction. Got the knife from Mr. Bishop, then marshal of the city. Bishop wanted to keep the knife, but on Moihershead telling him, he gave it up. Direct resumed. Mr. Bishop had not Mr. Young then in custody, but had locked him up. M. Ju. Ray. (Occupied Drake's Tavern;) Thinks the transaction occurred on the 19th of March laat, immediately in front of Drake's hotel; Was standing in tbe S. C. room, writing; Heard the noise outside as of persons engaged. Stepping to the door, saw two men engaged, not more than 2 or 3 feet from the sign post; One had a board striking at the other, the latter giving hack, till he came under the lamp post, some 15 leet; Asked what was the matter; Then a man jumped between them; Heard . exclamation "don't strike with a board," when the board dropped; Saw defendant make a motion to strike; He was in striking distance say two feet; When deceased dropped the board, defendant made the motion to etrike, and deceased then broke loose and ran; The one who gave the blow, started in pursuit, Bishop apparently holding on to him; I partially lost sight ol them at the instant, my attention being directed to deceased when running. I passed to the sign post, and could see the man who first run, making towards Morrison & Talboil's bookstore, when he fell. Saw Bishop and Young; and when I got to where deceased fell, there were a half a dozen present; Bishop called for a doctor, and witness called for a light; Saw the man was dying; Told his (witness's) son to raiae and hold his head, to keep the blood from running to his throat and bead; The one who run first was the one who had the board; From the time he rose the first lime, I saw him till he fell; Could not see distinctly. Could not see tfius, because of the situation of the lamp The obliquity of the light was in a S. E. direction; Deceased fell on the S. W. side of the rajs of the lamp shining from the hall; Thinks two were by when deceased got up. Saw no difficulty at the time. Thinks Young was on the W. Side of the Ump post and deceased on the east, and Bishop between them; Deceased run a little east of south in crossing the street before he fell; Must have been 30 feet east of the lamp post when he fell; The two men, Bishop and Young, after deceased run, pursued in same direction; There was no bustle or confusion where lie fell; Deceased fell in a S. W. direction out of the oblique light; My sight is not as good as it has been;. The board in question was placed under the spout of the Drake House placed there by myself or Mr. Hall; There was a box near Fletcher's; It was 13 feel from this board; Found the board near the horse block, and found a hat near Fletcher's; Boy look the hat and carried it into Davis's confectionery; Did not know whose hat it was; After they left, thinks he bad conversation with Bishop, and learned that he had arrested Young, and taken t ie knife away from him; This was not over two feet from where deceased laid; Was told that Young was hurt, and went to see him where Bishop had confined him; From the place where the board lay, was towards lj:e sign post, say 20 feet; They were separated under the lamp post; From box to lamp post, is a S. W. direction, some 23 or 25 feet; Discovered no blood where deceased fell the first lime myself. Heard others speak of it, but can't recollect who; There was blood where he fell last; The blood was running into his clothes; Supposing he might be smothered by it, directed his head to be raised. Cross-examined The light was probably a candle, and if it was, it must have been dim; Had a light on the west side of the tavern hall, about 20 feet from the door; Could see in its rays; There were brilliant lights in the Hall and bar room; First heard a scuffling, and supposed it was caused by the boys and negroes, Heard no sound of blows; Scuffle appeared to be pretty rapid; Lamp Eost is between 15 or 20 feet from where 1 first saw them; leceaaed was on the east; Young was on the west side; Deceased was advancing and striking with the board and the other retreating; Saw Bishop jump between them, when Young was 2 or 3 feet west cf the lamp post and deceased about under it; The distance between the parties was not over 2 feet when Bishop interfered; Young waa in striking distance all the time. Witness saw them until the board waa dropped; The time was very short, Deceased struck with the flat of the boajd in both hands; Thinks Bishop caught both at the same time; Thinks defendant retreated till the board was dropped, when he advanced and made the lunge; Thinks Bishop had hold of both of them, when the funge was made. Bishop seemed determined to hold them both; Heard the words, ldont strikt with m. board" or "vnlk plank " Could see distinctly when the board fell to tbe pavement; Deceased did'nt turn to run till the other struck at hirn; There was that peculiarity in the speed with which he ran away, so suddenly, that I thought there was something serious in it; The blow teemed to me to have been given at that time, and aimed at the place where it was found deceased had been wounded ; If the blow given by Young reached Phillips, it would have stricken him where he was cut; Defendant was in striking distance. Is satisfied that defendant could have reached deceased with the knife; Did not see a knile; but saw the blow; Could not see anything to have prevented him from reaching deceased; Phillips started instantly and ran after the blow, and ran in a horrid and unnatural manner; Phillips started to run near the lamppost; Thinks they all passed round the post; Thinks h feil S. or S. W. out of the track of the oblique light Fell about the centre of the McAdamixed part of the street; The manner in which be ran and fell led me to suppose that he waa injured; thinks he fell acrosa the street but could not tell which way his head was; Witness's impressions were that Young had hold of Bishop and was dragging him after deceased, Bishop trying to keep them apart; While on the aicewalk, Bishop had hold of Young or they were hold of each other; Could not say whether tbey remained so after leaving my sight. - Could not sriy who was there first, but impressed that both were there; Thinks the night was cloudy; Could nol Buy whether deceased ever got up erect after first fall; I could not see distinctly; Don't know if deceased had on his hat when he fell; Could not tell whether either had hats off or on when he first siw them; I could not. myself, as my sight fails me, recognize individuals at SO feet distance; Suppose tho distance from my laoip post to 10 feel east uf Brownings hotel would be 150 feet; The streets were dusty and the man made his impression in the dust; Thinks deceased fell towards the south. ' Direct Resumed When they passed round the sign post, I think Young was trying to drrg Bishop after deceased. Attention was particularly directed lo the deceased when retreating. ' Ct oss-examined Thinks the board was heavier then than now; It had been wet the last rain; Supposes he could fracture a skull with it; It would be more dangerous when heavier. Direct When the thrust was given, I was standing about IS feet distant; Saw no knife; Thinks deceased fell acrosa the street, but cannot speak of it with certainty; Have no other reasons for my opinion as lo tailing, except the direction deceased was running; (The blow was described as a thrust.) They were standing not more than two feet apart, and were facing each other; Bishop low, but between them, apparently lo keep them from fighting. JV. B. McCormickWis acquainted with deceased and defendant; Was acquainted with Young about three years or longer. There was a difficulty occurred between deceased and defendant probably in January, previous; Defendant said, as a threat, about laat January, that if they, the deceased and delendant ever caine together, he would ruin him; Don't think hostility existed between them long before their quarrel in January; Tha quarrel was in the shop where Young worked; Phillips ciinx in, aud said that Young had been talking about hitn, or something In that effect; and that if he did not take it bark, lie . would whip him ; Don't recollect all that passed; It was probably the next day after the quarrel that he made the threat; Don't know certain that I have ever seen the knife the blade; Hase seen it in Young's pocket. (It is in a sheath.) Don't recollect ever seeing the knife. Cross-examined It was before Ibe quarrel that I saw the kmfei When i'hiliips came into the shop he appioached Young and threatened to whip him if he did nol take bark what he asserted he had said; Phillips threatened Young then and Ihne; This is his impression, tint can't say positive; Saw Phillips on the evening of tbe murder, and asked him lo go lo church; He did not go; Saw Young there; Can't say at what lime; Phillips said be had been to church and did n't want to go back. 1 went to church, but don't recollect whether I remained till the close or not. Was under the impression that ba alterwards saw deceased in church, but might have been mistaken; .Have been under the impression that I saw Phillips there ever since the night of the murder; Am not certain that I saw him at church; Don't recollect wheth

er 1 lell church before it closed or not. If I saw Lim, I thought he sat near the door on the west side. I Direct Resumed Don't recollect w hether he saw either deceased or defendant leave the church. Was in bed in ' Ray's tavern when the fight took place, j Cross-examined Thinks if it was Phillips in tbe church ho was sitting in the 2d tier of seats. Young

was farther east. Don I recollect of seeing loung going oct. Heard Phillips say if Young ever drawed a knifW on him, he would kill him if he could. The Court adjourned. Patcdat, Nov. V0. J. it. Sharp. Wss present on the night of tbe murder, after a crowd had collected and a liht brought. Commenced opening the clothes of deceased. Made a call fur a phyiician. Opeued his est and shirt bom hi coat was open. Mr. Ray's son was holdii g his head when I got there. Saw no one touch him before m)sclf The wouod was on the leftside. Deceaed had on an uodersbiit Don t know who went for a physician. One came in a very short time. Saw nothing which occurred previ -ualy. Was not on the street till I heard in the house that a man wis killed. Did not find anr weapons on deceased. Cross-Examined. Bishop's son came in to Garner's, wbere I was. and said a man had been killed on the street. Hera follows the testimony of the physicians, Doctors Gall, Mother-head, Ram-ey and Hunt, which being from its natuie merely technieah, we omit. The testimony geneially went lo show that Phillips had died of the wound re ceived. Tbat it was possible for deceased to have received the fatal blow, in either the psi:ions described by Ware or Ray, in tbeir testimony. Dr. Mot herhead's testimony, bowever, cmbiaced rather mote. He testified ia reply to questions, as lo the particular pofitiou of the deceased in evety position assumed by tbe witnesses, and as to how the fatal blow might have been given in either. He was also questioned and testified that on examining his books, he fuund that he had vi-i'ed deceased daily for eight days, op to tbe Tborsday preceding bis death. That he bad a complaint of the lungs. Thai when he found him better on the Thursday preceding bis death, be was convalescent, but very weak, kc.) Ö. It P. BIy. called anl atrom. Was acquainted with deceard and defendant. On or about three weeks befoie. the murder, I was sitting on a store box, near Mansur's store. Defendant was also there. While there, deceased approached, and passed on. Young, (deft.) arose, apparently under excitement, looking pale and trembling; and after deceased bad paased, remaiked, If Phillips ever jumps on me, t will cut his blamed melt out.n Knows nothing futiber, or of any ill feeling exi'tinc between the paities. James F. Kittleman. Was acquainted with deceased and defendant. Doot distinctly recollect of any threats -bat thinks be beard Young s.y that if deceased ever jumped on him, he (deft.) would help himself. Knew only from bearsay that a feud existed between them. Cross examined. Deceased was tbe largest weighed probably 155 or 160 lbs. was stout and muscular. Thinks defendant weighed about 123 lbs. He was lightly made. In ordinary health, deceased would weigh some 30 lbs. more than defendant. Never heard deceased make any threats. Juhn IV. Kittleman. Was acquainted with deceased and defendant. Did not know of any feud between them. Ifeaii no ihieata of one against Ihe other. Wm. W. Kittleman. AVas acquaint;-? with deceased and defendant Has heard threats made by defendant agairst deceased. Heard bim say that u he would never lay his hand in the way of Phillips, but if he, Phillips, should ever cross him, (deft.) he, (deft.) would ruin him (Phillips) with a knife." This might bave been three or four weeks previous to Phillip's dcaih. Cross-examined. Heard Phillips eay tbat Tiwm hit him, he would never hit another man. Tbinks it was a (out a week before deceased was killed, tbat be made tbe exptesiou. Direct. Never told Young what Phillips had said. James R. Kaoxv land Hut r tbe parties. Never heaid ec lit t tbieaten the other. Mrs. Frances Phillips. Tbe health of Israel was bad, and he had been confined to his loom for two weeks, and to his bed nine days. Was able to be out of tbe house Ihiee days. Had b en up in tbe house four or five days. Disease was the fever, as tbe doctor said. The difference of bit health was a gieat decl. Deceased was a great deal weaker and reduced ia fle'sb very much. Could hardly tell how much be was i educed in weight. Milton Sulgrovt. First saw one man strike another with a boaid. Left because be did not like to go wbere men were fighting. Heaid a board fall. Saw a man running towards Browning's. Saw bim fall. He fell about tbe middle of the stieet. Siw one mau running after bim. WitneM turned away. Tbe man following the one who fell was, as witness desciibed, some 12 feet fiom deceased when be fell. Tbe man fell on bis hands and knees and I turned away. Saw only one running towards tbe man who fell. Did not tee the beginning of the affray. Witness was on the nonh r-iJe of the street near Talbolt's Jewelry store. Wheu I saw them, I looked towards the south ily side of tbe street. Looked in a southwest direction (as desciibed by point Darned to witness.) The man chaing was then near lire one srho fell. When witness went up to where decea-ed bad fal.'eii, there were piobably a dozen present. When he first aw the fight, theie weie but two. Witness turned, and on looking back saw the man tun tiil he fell. Did uot see any ptisou go to bim when he fiil fell. The person who approached tbe (alien man was miming dueci towards Phillips. When I first saw the difficulty, I was approaching them on my way. P. fell with his head towards lirowi ing's tavein, diagonally across. Knows Bisbop. Didn't see bin till be crossed the stieet. Fiitt saw the man statt to iuu frm about the lamp post at Diake's towatds liiowning's. Tbe man wbo followed went in tbe same direction. Did not see the man who followed to know him afterward. Tbe testimony for tbe piosecution here closed, and the Couit adjourned till Monday morning, 9 o'clock. " MoKDAT MoaaiMO. WITNESSES FOR TBE DEFERCE. John Bithvp. (Called to mskea geneial statement.) Saw tbe occurrence which look place between Young and deceased. It was about the l9ih of Match last, about nine o'clock, P. M. The nuht was very daik. Witness had. been in to Mr.Gainei'a tu gets bottle of Cionk's beer, which bis little son had come after for bk sno ber. When he obtained it, he gave it lo Lewis, bis boy, and followed bim out. Lewis t ut tbe bottle iu his pocket but witness told him to take it out, as be might fall and break it. Witness, as marshal of tbe city, stood on the steps listening to ascertain if theie was any noise abroad. Heard nothing just then ; but shortly heard some one lemaik, " You will, will ou?" Supposed at tbe moment that it was buys playing. On turning bis attention in tbe di'iection cf tbe sound, saw i ne nf them step out and gather up a board. Suipo-e the boasd piesent to be the one from it appearance. This board measures two feel leu inches in length, ten inches in width, and one inch thick. It is pine. The person who caught the board returned, east towaids the other, and commenced atiiking, and tbe other retreated. Wirness jumped between them, and said, hold on," Witness gtabbed Young by the bieasl. and attempted to 'grab deceased. " Nt getting a good bold, deceased turned suddenly and escaped tu iuu. Witness called after him to-" hold en, as he would anest him any bow." Io following after deceased. Young being still in witness's grasp, observed the knife. . Wi loess immediately seized Young by the aim, aud took ihe knife from bim. On appioacbing deceased, who bad fallen, be, (dee'd) said, Bishop, he has killed me Witness lenlied, My Cod, Phillips, where did he cut you 7" The only and fi st iison 1 sow about deceased after he fell tbe second lime, was Silas Sboemaktr. Witness railed for a duetoi. Some one remaiked,' who killed him ? " Wl'ness replied," No matter, I bave tbe man. When witness with Young ar preached decea-ed.'Your g remarked tbat M if I but not killed him, he would have killed me" This answci, brought out "by a question wbicb will sug.t itself, was ruled by the Court not to be legitimate evidence, inasmuch as any a-seition made after the decease, could not be admissible. Some arguments wete made by defendant's rouu-el, but the Court adhered to its decision. We have not lime to give this part of the subject a full icport. Tbe clothing tore of Mr. Hall then adj ioed the Drake house.. Witne-a thinks the water spout, U ra which the board was taken, was between Fleichei's and Hall's stores. Deceared first got the boa id and Iben commenced striking. Thought first tbat it was boys in play. Tbey were al the lime 40 feet east of where I stood. The night was dark. Heie wimr-s Lesen) ed the manher of striking b.iuging the board up with bo h hands in ft on l of his fare, a little on one side. The one who gt the board turned west some step, stooped and picked tbe boaid up. I saw biro stoop and take it up, because ihe light shone on his back when he did so. Tie one who hsd not tbe tnard held op his bsnds and backed. It was Young who backed, backed about 30 feel before I gut between them. When I got between them, ihey were near the lamp pott. Tbe lamp post stood ea-t of sign post about IS feet. Garner's, wheie I first stood, was west. I grabbed Yung by thebieast, and endeavored to grab deceased. Could not keep my bold of deceased, as be gave a suddeu twitch over, and jeiked away. When he commented lunnmr. I said bold on." Had Young fast by Ibe bieast then. Grabbed Phillip after I bad Young. Bifore Phillips got away. Young said, " Catch him. Bishop, he is trying to kill me." Tbe expression was made before Phillips dropped the boaid. I was struck on the elbow with the board when I got between them, endeavoring to fend off the licks. Young was backing as fast as he could for a man wba was running backwards in the dark. Witness held up bis arm u ward off the blow from ihe board, and it struck him on the elbow, and flew out of deceased's bands, when he made the grab, and he twitcLed away. The parties, afier they first commenced, aa I saw, backed towarda the edge of the sidewalk. The dust arose when Phillip fell. Young was not out of my bands till I It ft bim in Davis's Confectionery and sent for a doctor. When some one asked. I said I bad got the man wbo killed bim. Gave Young in charge lo Nicholas Wood and another. Took lbs knife from Young in the gutter, SO feet from where Phillipe fell. Started with Young when Phillips run, end called. af er P. to holj on, as I would arrest bim any bow. Did not know then tbat be was hurt: He falL Could eee kirn ahead; aud be was on all fours staggering towarda the bookstore, when he called to witness that he was killed. Thinks Shoemaker caught Lim by the bead when be fell. Mr. Young waa not in striking distance when he fell it was dene on the sidewalk, alluding to the stabbing (Witness described the distance when he was between them, as about 5 feet.) Defendant could not have etahbed deceased when in Washington street, because witness bad tbe knife in his pocket. Witness recognizes the knife. Young, when I Grst interfered, was trembling like a leaf. He was alarmed, probably, because be had kiheJ the deceased. He also appeared alarmed when deceased was striking at bim with the board, as any man would 1 to be struck over the head with s board. The alarm I first alluded to was when we approached tbe body. I judged be was alarmed because he trembled and made um of the exclamation the same which the Court derided,