The New York Times from New York, New York • Page 2

Ofo ifftnHSfrffl Stmts, SahnboQ, Ifootmbtr 2. lsco. I- 3v i95 BUieoiwMrmaoii-t having everything to lose aadTaothtogtogalaby mm, the two a Aliens anuiuaUy derive many btafili from peace aa thev eould toAici injuries on tbemaeivee by war. rRnewwl ebeeraj That, gentlemea, the truth what we understand Ui France, as well aa yrx aaderatand it la England that, la short, la the meaning of the great economical revolution which tha Emperor haajust accomplished In France by the Treaty Commerce, and of hich tha vast compass, ta proportion aa It becomes mora known aad better appreciated tn Ens land, wiU confound tha accuss-tfons of which wa hare been. tha object.

and till farther cement peace between tha two countries. (Load and general cbeertug. The Lord Mayor next proposed tha Health of Ear 'MsyesTy'i Ministers which was drank amid such cheering. Lara FaUUBm who, on rising, was most cordl-alry greeted, said? My Lord Mayor, ladies end gentlemen For myself, and on behalf of my colleagues, I bee; to return yon oar grateful thanks for the honor which yoa have dona as in ao drinking aad ao receiv-tng our health Tor myself, 1 may perhaps be allowed aay that It Is a peculiar pleasure to me that the compliment should be paid to the Government of which I am i member by one whom I may claim aa a Hampshire neighbor, and whom I see In the position of tha respected Chief of this great metropolis. Cheers.

1 I do assure yon, gentlemen, that it always affords to those who, la tha words of the Lord Mayor, are charged with great responsibility, a great and heartfelt pleasure to be enabled to mix the grarity ef their responsibility with the festivities of such meetings aa this. It is, moreover, a great advantage to those who are charted with the conduct of affairs to be able not only to do homage at tha shrine of that com-aaereial principle which forms so important an element ta tha happtiieee ami- prosperity -of -the country, bat also by mixing with thoe who are practically conversant with the working of our commercial system, to be able to compare with the results of their experience those theories, according to which they save Dean taugnt tnat tne anaira oi men in commerce are to be regulated. 1 am happy that it does not fall to ear lot on the present occasion to meet you, as has sometimes been the case with the Ministers invited to this assembly, with gloomy forebodings, which it was their task and their outy to endeavor to dUpeL It is gratifying at the present moment to be able to say that whether wa look to the seats of our Industry at home, or to the development of our commerce abroad, to the success of oar arms where, unhappily, our forces have been compelled to act or as respects our relations with foreign Powers, we see reason for congratulation. VVe are on the most friendly terms wttls all the-world, with the single exception of that country with which we are engaged in a contest in the far East, Cheers. 1 am happy to say) that in whatever direction we turn our eyes, the general prospects of peace are, at all events, satisfactory.

Cheers. Allusion has been made to tha brilliant successes which, in concert with the arms of oar great ally, our gallant army and. navy have achieved In the remote region of China. It must, indeed, be a proud satisfaction to every Englishman to see that tne prowess of our two services is so great and so distinguished, and that under whatever difficulties they may be called on to perform their duty, their exertions and their exploits will always be 'equal to anyth rig which has been recorded In the pages o. history, renters.

But there is one circumstance peculiarly gratifying in that great transaction. 1 mean the perfect cordiality which has prevailed between oar forces and those o'f our ally the Emperor of tha French. (Cheers.) The cordiality and cooperation maniferted in4he language of the commanders of each ferce for each commander has paid a just tribute of homage to the bravery and skill and enterprise of those with whom he was cooperating has bam extremely gratifying. (Cheers.) We oug-tit to draw a still more Important lesson from that most happy met for if the forces on the two Rides had not bean equal, If one of the expeditionary forces had been much greater and more powerful than the other, I am greatly afraid that the irailty of human nature anight have stepped in to mar the harmony which ought to prevail that jealousies and bickerings, in spite of lite best Intentions, might have found their way la to the two armies, and mat dissension might hava taken the place of perfect cordiality. (Hear, hear.

If that be true with regard to forces departing oat particulaf service, still more true is with regard to tha condition of great nations like that to which we belong. It la an essential condition of perfect harmony between great nations that there should be a perfect aad most complete equality of forces. (Cheers. Now. there is one point on which' this country cannot be eqiml to the Great Powers of the Cotttiaent.

i mean with tegard to that vast amount of military force, which it is the habit of Continental Pawera to maintain. la a time of peace, it would not be wise, It is not Desirable, that Great Britain should Imitate that example, and have a standing army to rival to numbers tor in bravery, in discipline, in courage, aad la brilliant exploits, it will rival any force in the world it is not desirable that Great Britain should possess a standing army rivaling in numerical strength the armies of our continental neighbors. (Hear, hear. Still, we must make up that difference by other means, abd we redress the balance by an admirable militia and by our noble voluuteers, who have already become a most formidable arm for the defence of tha country. Cheers.

But, above all, we must redress tha balance by pieintaining-a we always must maintain, a strong and powerful navy. (Loud cheers. I say this tn the -presence of the representative el foreign and allied Powers. I say it in the spirit of frankness, of cordiality, of friendship, of alliance, and of peace for we wish from the bottom of our hearts to be at peace with all tcheertj and. to be bound, by ties oi friendship and alliance with other nations, particularly with those whose interests are most congenial wtth our own.

(Cheers.) Wa wish to win and to enjoy their friendship and alliance but we are determined, by the manly dignity of oar position, to prove them that we are worthy to maintain and to enjoy that friendship and that alliance. Loud cheers. My Lord Mayor, in addressing the; chief magistrate of this great commercial city, It would be vain and idle for me to dwelt on the power of commercial intercourse to ward off the calamities of war, and to bind closer between nation aad nation 'the ties of friendship aad amity. But I may be allowed to say, with reference particularly to what has been already stated, that the Emperor of the French has, lately, with enlightened sagacity, cooperated with the Government of this country In liberating the tariff of the two aationa, thereby laying the foundation for a great extension of commercial intercourse between them. (Cheers.) I also trust that he baa thereby tended most materially to cement that friendship and kindly feeling which ought always to prevail between twa great nations which have so many Interests la common, and which, from their geograpU-icai position, are so fitted to have commerce and intercourse together.

tCheers.) I trust, gentlemen, that tha changes which have been made, will not only tend to cement more closely the ties of friendship and alliance between England and France, but that the example which baa been ao nobly set br the French Emperor, of overcoming long funding prejudices, and giving effect to the true theories of commerce, may be by other governments of the Continent, not yet so far advanced la commercial enlightenment and that, from year to year, we shall find those com merctai relations, which are the secret elements of peace, greatly and rapidly extended throughout the whole el the European Continent, (The noble Lord thea resumed his seat amid loud cheers. Mr. Gismtosi, M. In proposing the health of the Lord Mayor, alluded to tha stability of the tostitu-: ttoas of Great Britain, and slated that, notwltiutand-i lag centuries had passed since they ware accustomed to assemble in that building, notwithstanding ail the vicissitudes of time, their love of freedom still remained, and they (the citizens of London) were always first aad foremost la tha cause of progress. (Cheers.) The "Mouse of Lords" was thea drunk, and Lord Ssoeea am responded.

Lord Jons Krsstu acknowledged the toast of the House of in a brief speech, in which he made alight reference to foreign affairs, observing that aetwuhstanding the love of order which characterized the people 01 England, they appeared still to sympathise with liberty, and with all the efforts and struggles of an oppressed people to obtain freedom. CCheare.) -Jeveral other toasts having been given, the proceedings, which lasted until near midnight, were brought to a dose. mt nAk BJETOLUTION. KJaa; of Italy. aUiXSTY KXTftT UTTO lirUB.

Free ta Omteas a Turin. r-s, Status, On tha entry of tha King into Naples, Gajubaldi at br ala aide ta the carriage, Ta-day, at 11 GaanaiM, accompanied by tha banisters, formally presented to tha King tha result of the efWscsna. Hls Majesty received them the throne rooav The Minister, igaor Coarean, ad-stressed tha King thus i Lm. 4 IS'mPma fople, assembled in their Flecemnl Comsaltsse, aaviag proclaimed yon King by a. immense majority, alne millions of Italians are ajaiOaf thasaawrvea to the other prormeee, which vonr Hajeety' governs -urtta ao ataejh wisdeaa.

aarlrvias- joeJsnleano promise that Italy should belong to the Ta) Bng toplM ta a tear axpreeatvworde.t Thadeod. of annsTaMnn was thea drawn up; the lcUtorahlpeeaaed. aad tha Ministry reelgn -Ta4aaasataamofthapoopleooatinaea. J- Free Lmim Tense, Kmg Tmoo ataaxrn has aacaptad the Boveraigaty ef Italy. Be must have had atrict out peoullar ae-Cooa of aUqoetta If ha had aay kmger heaUatad.

He who has dlxregarded ao many rights, who has evaded to tarnations! law and, thrown to the winds interna-tooal oeartesy, who has bearded aa Emperor aad a Fopa, who has maasjamod brother sovereigns oat of fheir thronea, who Is handed with Teatioadata, and la at CJj avtmant virtually excommnnicatM. need ltanlly ha daamad from eailucaJoseif Klsf hecaaaa Ucreemed rival Is still oa Italian ground, should tortune or war, that obetinarT which oftaa aa erlssachcarteraasthet -of Faawom IL, auee the Coieneeot Gaeta to be prolonged. It ta all the bee. tcr that tha Impedenee of tha eoaqueror aad kit Hew should get the' better of dlpto. Ja i vjrremotry and tbat Tsnea Easjrcaa sikookl ve fhe pUUtdtt try pro.

cisiy-Urnself King. The maa who has aot teet l-'pl by the Tinanstraacef of half Koropo 4tyti.etkJtscanrsieoaarehT.aoat net r-jiik beck bef.ee a wele. That there eaaaot be twt ishone ta the aasae see Is aa eM tradldoa. ead 3-Ttt ere have beea inatancee of axpeUed prelates. I jits, and erea Pope, to 1br mjtaW daVthera 1 le two kirga artualir exertdsiaf rral aathorlrr a the same realm.

Tae ttottaaaaseatasVke i lr minds to be for 'a tiane aubea te evtdeal ttaltx totheklag aw ecVr the krng a yrt- As Tioroit Easjrrtt wilLat aay rate, nave to annex some ot we rmpm while the Pope ta still at Rome, there was really no reason why be ahould treat his rival of Naples with greater eoosideratioB. After what has taken place, friends would bare aeea inciined to smile and enemies sneer at any further display of scrupulosity. Tictob Emiruxl Is now King from the Alps to 8Icily. An official proclamation has annexed the Bourbon Kingdom to the happy provinces which are now united under the scepUe of Savoy. Next will come the turn of the Roman bUtea.

There also the Lisas cannot be doubtful. In every district where French bayonets do not keep the people from the ballot-box, the hateful sway of the Pope will be repudiated, and all classes will hasten to transfer tbelr allegiance to the King of Italy. The only fear is lest disturbances may arise through the Indignation of the people in the garri-toned provinces; An Inhabitant of home, or Civita Vecchia. or Viterbo, may be goaded to some rash act by the knowledge that, while his more fortunate countrymen are electing a constitutional Sovereign, be and his neighbors are forced to remain the slaves of an itfete ecclesiastical rule, to be taxed for the army which oppresses them, to be subject to the outrages of German Condotiieri, or opeciatort of the rioting of filthy Irishmen. We hincerely hope that the influence of this country will be exerted to rescue as large a proportion as possible of the people of the Romaa States from this unhappy dom.

YVethave always thought that the city of Rome and a few miles of the Campagna are quite sufficient heritage for the Popes, and that even then care should be taken to give the Homan municipal institutions something akin to those which exist In Hamburg and the other German free tf'WT-a. Should such a poliry be carried out, nothing ill rsmain but to salute Vioroa Eaanoxi. as the first king of Italy, and to Wish him and his aew realm Irosirity and happiness. Bai-reeder of Capaau Corrttjxmdnux a- London Tim. I Cassbta, Friday, Nov.

2. Yesterday afternoon, at 4 P. our batteries opened oa Capua this; morning at dawn tho commander of the fortress; sent out to say that he was ready to treat. The negotiations began at 10 A. M.

at Santa Maria, and in tha evening the capitulation was signed. Thus, the bugbear which has so long exuiteJ Neapolitan imaginations has at last disappeared. ben the approach of the Piedmonteee from the North and Gaxibaldi's expedition across the Volturno made the main body of the Neapolitans withdraw behind the Garigliano, the preparations to reduce Capua began. Capua les In one of the numerous sudden bends which she Kiver Volturno makes in Its course towards the sea. The whole town is built oa the left or south bank of the river, and resembles in shape an ivy leaf, two sides of which are defended by the Volturno, while only the third, between the two river bends, opens out towards St Tamaro, Santa Maria, and St.

Angelo. It was against this side that the attack was directed. On the opposite side of the river a single battalion, with two field guns, was detached from tne Piedmonteee force at Sessa, to prevent any lMie on the high road from Capua to Gseia. The line of attack was divided between our forces and the who came under Sokhai and landed at Naples. These latter consist of two brigades, both them weak, and one of them, the Brlgata Re, with two battalions at Naples.

These two brigades, in all about 4,000, took the left attack, from St. Tamaro and La Forests to Santa Maria. The Cosenz li vision remained In its position at Santa Maria, and was employed in the attacks on the centre while Mbdici's Division, which had relieved the Piedinon-tese at St, Angelo, had the right attack. General Dsl-ia Rocca was sent from the Piedmontese head-quarters to direct the whole attack, anJ took up hit quarters In the centre of Santa Maria. Each.

side constructed its own batteries, and manned them, too, but, aa we were rather short of artillery officers, some were lent to us for the bombardment by tne The points against which the batteries were erected were, on the Piedmontese side, the southwesterly angle, hich lies close to the river, in the direction of La Forest a from Santa aria the bastion of St. Saivatore, which protects the entrance of tiie railway and of all the southern roads from Aversa and Santa Maria into Capua and on the right the bastion of Santa Maddalena, which looks in the direction of St. Angelo. To reduce the first the Piedmonteee erected two batteries, one of three rifled 12-pouniers, and two 10-iuch mortars, at a distance of about 1,600 metres from the St. Tamaro Fide, and another of seven rifled guns to the left in the direction of La Foresta.

Against St. Saivatore a battery of three rifled guns and tnree mortars was erected to the right of the Santa Maria road, and a battery of two mortars to the right rear of this battery. Against Santa Maddalena, finally, there was a battery of six rtfed guns to take it in its left flank, and another of two 32-pounders to take it In front. All these batteries naJ been prepared, witaout a shot being fired from any of them until all were ready yesterday afternoon. Thus the position of them remained unknown to the fortress up to the last moment.

Partly to conceal the position of these batteries in case of a Ttconnoxamnct In force on the part of the enemy, and partly to protect thorn ogain.il a coup it moa, the outposts were gradually pus bed forward until there on the right were at the edge of the glacis, at not more than 400 or 500 yards from the ramparts. Little parapets were thrown up to protect them. One must allow that the Neapolitans tried their bet to break through this circle, which shut them in more and more, and scarcely a day passed without some demonstration or attack being undertaken against our outposts, above ail, against those of Medici towards St. Angelo. In spite of the assistance which these attacks derived from the vicinity of the fortress, they ere invariably repulsed, hut often only with serious loss.

Tesierday afternoon, at 4 P. the signal for the opening of fire was given at last, and our went merrily at it. but neither did the fortress remain idle, and for the first hour a perfect shower of m' spiles was sent in the direction of the batteries, which, however, caused but very small damage. The aim could be but imperfect, for the trees a good view, and all was but guess work. It was the same on our side, only the bastions were larger object, and therefore more easily hit.

During the bombardment Victob Emascxl arrived at St. Angelo, and went up to tne neignu to nave a view ot tne proceeding. But he very soon returned towards Sessa. Towards nightfall the fire became slack on both sides, and, with the exception of now and then a shell which you could see traversing the sir, all as still. The outposts reported, however, to have heard great noise and confusion in town, which increased every time a shell felL The plan was not.to bombard indefinitely, but to re commence a lew bourse next morning, and then as sault tne place.

Ana tne dispositions were taken to effect this, all the troops receiving orders to be ready to march. But all these preparations became useless, for at dawn the message came from General dj Cos-sit, the Swiss Commander of the fortress, thai he was ready to capitulate. The negotiations, which were carried on ith Dslla Rocca at Santa Maria, lasied several hours. 1 have not yet heard the exact tenor of the capitulation, but the garrison will be prisoners of war, and already the order has been sent to Naples to prepare thebarracksof the rani to for them. Their number is supposed to be about 6,000.

The Cosenx Division is to occupy Capua. It was to have taken possession of the place this evening, but it was deferred till to-morrow morning. S.TUBDAY, NOV. 3. It seems tbat the garrison of Capua is much larger than we anticipated.

They turn out to be between and 10,000 men, among them a number of the gendarmerie, who had taken refuge there as la a safe place. The Ntzione, of Florence, states that at Capua 10,500 men and six generals have been taken prisoners, and that, besides, the Piedmonteee got possession of 290 brass guns, 100 gun-carriages, 200,000 muskets, 10,000 sabres, bO military wagons, pontoons for a bridge 240 metres to length, M0 horses and mules, a large quantity of stores and ammunition, and several thousand articles of clothing. GARIBALDI AT CAPUA. Corntpondmct iff Ike London Tone: Naj-lbs. Friday, Nov, 2, 1860.

The following letter, from a General in the service of Gabibalm, wiil have much Interest in showing what were the feelings of the Dictator on the occasion The bombardment of Capua commenced yesterday at half-past a o'clock, P. M. The King Victob Ehaxckl was at St- Angelo. La Uocca's officers had not got the range, and the fire was not very effective. The Neapolitans made excellent practice.

I saw Gabisaam at 6 o'clock, he was most aor. rowful and melancholy. I eould well understand and feel why. At that moment a horrid tragedy was being prepared for his countrymen, the unfortunate Inhabitants of Capua a necessity perhaps, but still a terrible one, which he had struggled against. I know all that is good and generous in his heart, and felt for him i he looked dejected and heart-broken at that moment a band, out of tane, belonging to tne National Guard, began to play under aia window, and he turned round and begged to be left quiet.

As 1 was going out 1 found a Commie; on of the Committee, and inhabitants of Naples, wao had coma to wait oa Gabuaam to complain of tha manner In which matters were being carried oa You are doubtless aware that Calabria is la a dreadful state, and parts ta open revolt Aconv mission is to be appointed to regulate tha precedence and appointments of the officers late of tha Neapolitan Royal Navy, many of them being greatly dlssatia-fiad at tho way la which they were treated by tha late Minister of Marine. All' Gabi balm's army ia now in toarear, having been replaced by the The tetter, writtm hv a man af hn. of another whose name is in ail mouths, hew hoasuuty and real courage are aver united. My auapiciaaa are conarmed. Capua capitulated artorncja the greM surprise of all, for it suf- Pr that after II ofeleclt teat aiget ao further aring 'raj of tho batteries tha id- GorfheJdl ee Hamfcmrr mm the Fasaey.

Oarraiserftees ata Xeaase nhwee. NArian, Thursday, Nov. 14 1860. Yesterday, OabmbAlIu preeented tho Hungarian wtth aew colors. Tha Dictator said This to a beautiful daf- trreat day.

1 It iaheaatl-AO, it la great, because it biada together with anew tie the fraternity which unites Italy to Hungary, free people are hound Free Italians caaaot. ought not, will aot forget IL Here tha people broke hsto a norm of applause. 1 Italians freeyes, all ahaH be free aad, Oat quickly, From Ufa coaaecrated altoeether to the rsiia iu umm I have gathered nothing -else. I desire swum- mw suae ia ngat Of toliAQg toe ITLU at ail times telling it alike to the powerful and the people. Hear toe, thea, generous people ef this areas' aad beaaciful aaatrepoM aad if 1 eeeerro eay1a, of yoa hear The eanaered ruin- of our country has always been personal ambitioa.

UfeitJlta, It is personal aabitioa Vtich bUads tha Pope King, and urges him tooppoM'tha national movement, sorr-and. fa noble, so pure yes, ae pure that tt hi unLua Tin the history 0 tha ewli It the Pope who reurda tho uaoumptara soarae eg isuj, -j-h soia obatacle, the true object is this. I am a Christian, and I speak to Christiana. I am a good Christian, and I speak 10 good Christians. I fore and venerate tne re-ligioa of Christ, because Christ came Into tnis world to rescue humanity txom the slavery for which God did not create them.

But this Pope, who wishes that meo ahould be staves, who asks from the powerful of the earth fetters and chains tor the luiiana thia Pope KiEgdaea not know Christ he lies against ids own religion. In the Indies they and adore two Gexai that of Good ana.Evil. The Genius of Evil for Italy is the Pope King. Let no one misunderstand my words lei no one confound Paganism with Christ anlty the religion of liberty with the avaricious and bloody policy of oiavery. Repeat thai repeat it it is your tiuiy.

You who are here, a portion of the educated ano cultivated population, it is your duty to educate the people educate it to be Italian. Education gives liberty educating the people means tha power to assure anl defend its independence. On a strong and healthy education of the people depend the liberty and the grandeur of Italy." There was a fiiendiy entertainment on this occasion, at which were present Gen. Gaaisalm, the pro-Di-rtatnr, the Marcuese Villa it abut the staffs of Grn. Uiuiiut, Teas, and a few others.

Tne only remarkable feature was that, In proposing as a toast Italy and Hungary," Teas declared "that he would Level accept the impudent lying Constitution of Austria, the perndious act by which now, as in 1W, it at-ti inpts in vain to urge tne Hungarians forward against their brothers of Italy." French Intervention In Italy. A letter dated Gaeta, Nov. 2, says "By the conduct of the French Admiral, it was thought that a change of policy had occurred" among the great Powers aj together favorable to the Dourbon cauM). As evidence ot this, lor four successive days the French squadron prevented the Pieiimoatese fleet from landing troops on the banks oi the Garigliano. The Frenc-h guns were ail sbotted the decks were cleared everything was ready for action, and, indeed, there was a moment wfaen tae signal for firing was given on board the tirttafnt, and if the Sardinian vessels had continued to advance only three minutes, they would hve received a broadside from the French fleet.

Admiral nr Tiham had assured the King that he would protect the line of the Garigliano. But yesterday a French steamer, came in with fresh instructions for the Admiral, and thereupon the Frencofleet leu the mouth of the Garigliano, and at sunset yesterday evening returned to GaeU. The moment he was relieved from the surveillance of tho French Fleet, Admiral Pbbsabo opened a fire against the Neapolitan city." Discontent in II angary and Bohemia. Correspondent of the London Time. Viinha, Monday, Nov.

5. The private news which reaches me from llun-gaiy is excedlngly unfavorable. The peasants, who a few months ago appeared to be in total ignorance of everything that was passing abroad, now Ulk of the peetly advent of ajcibaldi and Kossuth. The as the peasants ay, is to do away with all taxes and to abolit-h the tobacco monopoly. In several parts of Hungary the wivtts of the tojacco-grower have pub licly offered the "weed" for sale, for which offence against the law thev have been committed to prison.

It is here utpected that arms have been smuggled into Hungary from Servia. Persons ot my acquaintance men in whose judgment I can have confidence give a very unfavorable account of the frtate of public feeling in Bohemia. The statutes for Styria, Carinthia, and Saizburgh have produced an extremely unfavorable impression on the Bohemians, as well Czechs as Germans, and they ue language which I do not consider it advisable to repeat, it would appear that the most moderate politicians in Bohemia are those who wi.sh that the Emperor of Austria should be crowned King oi Bohemia. The ultra-conservative nobles have managed to make themselves so very unpopular in all parts of the Empire, that they ill be placed in an unpleasant, if not positively dangerous, position should there be popular disturbances in the Spring. People say that they greatly prefur absolution to an oligarchical form of government.

An impression prevails here that the Austrian Government will soon be obliged to recall some of the troops from Venetia, as it will not be able ta procure ilver with which to pay them. Tho Late Fight for the Championship. PBOBABLT FATAL TKRMINATIOX. From the London Globe. Paddock, the defeated combatant in the pugilistic contest which took place oa Tuesday, the 6ih irisL, is now in London, and considerable apprehensions are entertained as to his recovery from the ejects of the evere blow he received in the last round with his powerful opponent, the Staieybridge Infant." It has been ascertained that Paddock's ribs are fractured, and he is suffering greailv from internal injuries and as his constitution is much impaired by previous illness, he having been a short time since under medical treatment In Middlesex Hospital for paralysis of tne lower extremities, his condition is rendered more precarious.

Under the most favorable circumstances, the result of this fight ill bring to a close Pabock's career in the prize ring. TOE LATEST BY THE AFRICA. Dispatches from Naples state that the Piedmontese are vigorously pushing oa the siege of Gaeta. Troops and a siege-train have been landed at the email town of Mola dl Gaeta, and the Piedmontese head-quarters have been advanced to Hissi. On the Mh Inst, a Sardinian frigate stood into the bay of Gaeta to reconnoitre.

It was ararLdn.l the defences were in good condition, and that numer ous redoubts and other field works had been thrown up, so as to command the road to Gaeta. The Ptrfcverama of Milan jays LordJouN RussstL's ia just now of more value to Italy than would be a decisive battle. Gen. Lamoriciibs has left Rome on ten months' leave of absence. The slave-trade was active on the Windward Coast.

General trade was dull in tlie various ports, on account of the prevailing unheal thiness. The Niger expedition steamer Sunbeam was in the Nun River. The rains had ceased at Sierra Leone. Dr. Baku and the rest of the exploring party were quite well at the confluence of the Niger.

The American ship Lauretta Is supposed to have left Whydah on the 2Sth Sept. with 600 slaves on board, and the American bark Buckeye sailed a few days previous with a cargo of slaves. AFRICAN HAIL KSWS. Liverpool, Saturday. The Etkuypr has arrived with 3,100 ounces of gold dust and $2,700 in specie.

The papers contain accounts of Prince Abihjb's reception and entertainment at Sierra Leone. THE REPUBLICAN VICTORY. A SPEECH BY SENATOR SEWARD. KXPCBJ.1CAN KKJ01CIKGS AT AUBURN DISPLAY BY TBI WIDE-AWAKES. The Wlde-Awakes of Auburn and vicinity made a grand dlsplav on Tuesday night, to celebrate the success of the Republicans in the late Presidential Campaign.

They visited the residence of Gov. Sawaan, and were invited Into his grounds, when he made a short congratulatory speech, concluding as follows Fellow-citizens, you have a right to rejoice. I remember that 1 thought it an occasion for rejoicing when the good cause we now maintain carried one Ward in the city, one or two, or three towns in the county, and tne State of Vermont alone in country. But now who will deny our right to rejoice when it carries all the Wards in the city, all the towns in the county, ail the counties in tne State where its argument is fairly heard, and practically all the States in the Union which allow, iu fact, free speech, free debates, free mails and free and universal suffrage. It the earnest of Its universal acceptance.

Cheers. But there is still greater reason to rejoice in the manner ia wnich this success has been won. It is the verdict of the people for a principle the Republican principle the true Democratic principle of equal and exact justice to all men. (Cheers. It is a verdict rendered pureiv ou conviction, without passion or interest, hot a Republican vote In the tiutod States has been procured through terror, not one by bribery 01 corruption.

Nay, every vote has been given in re-aistance of intimidation and corruption, (Cheers. I do not charge that the Fusion votes or otner opposition votes were largely, given under such appliances. Bat the record of the canvass remains, ana bears Its testimony that the main argument of those parties waa their menace of disunion, and the last reliance was money at the polls. (Cheers" That is so." Who will bow libel the American people Who will deny their virtue But thia demonstration of yours has ita meaning its meaning Ia various relations. It recalls the past, and tails that tha erroneous national policy of forty years has been retraced, reconsidered, reversed, condemned and renounced.

Let, than, tha passions and the prejudices he buried with the errors of the past. It bears on the future. It assures that hereafter the policy of the country will be the development of its resources, too increase of iu strength and its greatness, by the agencies oi freedom and humanity. (Cheers. Diamiaa we, than, the future, until aoma paw electloa call you again to your council chambers, to renew your efforts la obedience to the principle that eternal vigilance lathe tax we pay for enduring liberty.

Cheers. Tha immediato question la tha bearing of the accession the present. What is present duty It la limply that of magaanimity. We have learned, beretoiore, the practice of patience under political de-Mat, It now reaaaiaa to show the aseamr virtue of moderation la triumph. we may do thia.

let us nmemberthatlt ia only aa figures of saeecTthat the martial terms, such as defeat" and obtaia ia ear system of elections. The parties eiisrod toaa lectiom art aot, never can benever must be, ena- Aanericaaa, brexhram. It la trial of iaeues bv the fom mlSSd'to to ooaejBatoa with tha aee oary of aaffragsu a -M ties from the people this jaar to the poo-theaaselraa next rw-tobi argued anHite taod to tha eameway aad a oa fcreverTwiu hliAWnt of Interest. It Im ZnwZi wrr has Aee. hwtotorZ ST'i0" uuak that aaaiahatina armies or thatif tne 1a1mim to mv" owa feeitnaa if I did not reeocnixo la tbla visit a warm and most geaeroua demonstration of roar personal kindness to me.

You know how deeply was committed to the triumph of this Presidential ticket mora than to aay other ia time that are past, and to its triumph more distinct and emphatic, if possible, here than anywhere else. How the eye of friends in every part of tho country were aaxiously fixed oa this State, oa thia county, nay, evea on this town, to learn whether we were true in thi? crisis to oar cecae, our country and to ourselves. This lent a new and Intense earnestness to your efforts, aad our sueccfe, therefore, has exceeded all that we dared to promise, though not what we darei to hope. The year I860, how many acta of home kindness has It brought to me from all my neighbors. My welcome from abroad- wyn pa th with me in my labors for the country at Washington the rescue of my dwelling from fire during my absence cooperation with me, so earnest, so devoted, ao effective in securing the ascendency of the Republican eause throughout the Union, these congratulations on its Kncces I feel them all more deeply, more gratefully, than 1 dare to express.

May you all nni your reward in the increasing happiness and growing greatness of our country. And now we part again. You to lay aside the emblems of your political association, at least for a time, and to return to your industrial pursuits and social enjoyments. I to return to the theatre of public duty at the National Capital- May a kind Providence rpare all your lives and continue all the blesslngsyou enjoy, and when we meet again in the coming Spring season, when these now naked trees shall have resumed their wonted foliage, may our hearts be renewed in their mutual affections, and may all the sullen and angry clouds which seem to be gathering in the political atmosphere have given place to those serene and auspicious skies, which properly belong to the only pure and complete Republican system to be found on the face of the Loud aad prolonged cheering. Sir.

Yascej's Letter oa the PrehibitJea ef the Slave-trade. MR. TAKCET AMD 013 AC0U8SRS. From the yew-York I Sunday) Her aid, JVov. 18.

Mohtoomxbt, Nov. 0, 1S60. Tin rk Editor of the Herald Since my return home my attention has been called to an editorial article la the Nsw-Yoax Timbs, of Oct. 27, headed, "Mr. Yamcbt on Matters of Fact The North and the Slave-trade." The article purports to be a reply to assertions made in mv speeches in New-York and Boston.

Iheir substance will be fovmd in the following quotations from those speeches. In my speech in New-York I said "Our forefathers were not only slaveholders.but imported slaves from Africa, Virginia wished to suppress that trade, but Massachusetts and other States wished it to be carried on. Laughter. Massachusetts and those other States Insisted that the Slave-trade should not be prohibited by any act of CoBgress, and resisted all attempts to prohibit it until the act of Congress of lb08 was passed for, by an article of the Constitution, which was beyond tiie reach of Con-giesFioDal famencment, it was provided by our forefathers that no change should be made in the slave-trade until the year 160S. How did that sound with the modern theorists as to the existence of an irrepressible conflict?" Applause.

In my speech at Boston, I said "Well, then, your fathers, in demanding that the Slave-trade, which existed when the Declaration of independence was made, should be continued in demanding that the institution of Slavery, which existed when the Constitution was formed, should have a wider basis in demanding that slaves should be Increased in number; In demanding that thev should have the privilege of trading in them, of buying them and selling them to our people 1 ask you now candidly, did they not, tn demanding all this, demand of their losterity perfect good faith ta securing the title to that property?" "No!" "Yes!" 1 he editor of the Tine asserts that these statements show that the disunion orator Is either very imperfectly read in the history of our country, or very reckless and unscrupulous ui the statement of facts." The hole tenor tnd spirit of the article can be best "shown by the iollowing extract It is true, as he alleges, that Virginia was opposed to the continuance of the Slave-trade, and we are sorry to say that this Is the only truth contained In tlie statement." The editor then proceeds to give garbled extracts from the debates hi the FeJernl Convention, an adds his own weak attempts at argument to sustain hi sweeping assertion. As the point made by ine is one of some importance in the present aspect of political affairs, I ask the use of your almost universally read columns to spread my reply before the public. Analyze my statements and they will be found to consist of the following points 1. The Slave-trade existed when the Declaration of Independence was made. 2.

Virginia desired to bare that trade suppressed, 3. Massachusetts and other States wisbed it to be carried on." 4. No change was to be made in the Slave-trade provision in the Constitution prior to the year 18US. These are the only matters stated as facts, and the truth of each and all, excepting that numbered two, is unqualifiedly denied by the editor of the Niw-Yoax Tinas. I might afford to leave the ignorance or mendacity oi the editor of the Times to be judged of bv the public intelligence as to the first statement made by me but as 1 have before me the Debates in the Federal Convention," from which he has made his quotations.

1 ill simply refer him to the 3d volume of the iladison I'uptrt, page 1,389, on which will be found Mr. Shbbmam's (of Connecticut) statement "As the States are now possessed of the right to Import slaves, as the public good did not reqnire it to be taken from them. 4c, he thought it best to leave the matter as we fir.d it-" In sustaining my position, numbered three and four, I thai cite not mrtely what was said by certain delegates from some of the States, but also what is far moie pertinent to the argument what the States what thf voted for and ordained. That is to be taken as the highest evidence of what each State v. isht-d to record as its will and decision.

By refertnee to Maditon' voL 2, p. 1,226, the draft of a constitution will be found as reported by the Con.mitwe of Detail. It did not provide for a prohibition or tax on the importation of slaves. Oa this a aebate sprang up. I from that debate the views of leaning delegates Mr.

L. Maitin, of Maryland, proposed to vary article 7, section 4, so as to allow a prohibition or tax on tiie importation of slaves. (Vol. 3, p. 1.388.) Air.

EixswoRTn, of Connecticut, was for leaving the clause as it stands. Let every State import what it pleaM. The morality or wisdom of Slavery are considerations belonging to th9 States themselves. (Vol. 3, p.

1 380.) Mr. Shkbhaw, of Connecticut, was for leaving the clause it (Vol. 3, p. 1,30.) Col. Mason, of Virginia He lamented that some of our Eastern brethren had, from a lust of gain, embarked in Oils nefarious traffic.

He held it essential, in every point ot" view, that the General Government should have th power to prevent the increase of Slaverv. (3d p. Mr. Ellsttorth. of Connecticut He said, however, that if it was to be considered in a moral light, we ought to go further, and free those already ia the country.

As slaves also multiply so fast in Virginia and Maryland that it is cheaper to raise than import them, whilst in tlie sickly rice swamps foreign supplies are necessary; if we go further than is urged, we shall be unjust towards South Carolina and Georgia, Let us not intermeddle. (3d p. 1,391.) Mr. Km of Massachusetts, thought the subject should be considered In a political light only. He remarked on the exemption of slaves from duty, whilst every other import was subjected to it, as an inequality that could not fail to strike the commercial sagacity of the Northern and Middle States.

(3d p. 1.3V4.) Mr. GouviKNBTia Morris, of Pennsylvania, wished the whole subject to be committed. Including the clause on imports. Tliese things may form a bargain among the Southern and Northern States.

(3d p. 1.395.) The matter was committed. The Committee made report in substance as the section now stands in the Constitution, excepting that the Committee reported in favor of the year 1800. Gen. PiacxiiBT, of South Carolina, moved to substitute 18C8 for 1800.

(3d p. 1,427.) Mr. Gcrhak, of Massachusetts, seconded the motion. Mr. Madjjws, of Virginia Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves.

On the motion, which passed on the affirmative. New-Hampshire, Connecticut, Massachusetts ami three other States, Ave. New-Jersey, Pennsylvania, Delaware and Vlrcinia, No. (3d p. 1,427.) The first part of the report was then agreed to as amended, as follows The migration or importation of such persons as the several States now existing shall think proper to admit shall not be prohibited prior to the year 1808.

New-Hampshire, Massachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, Aye 7. New-Jeraey, Pennsylvania, Delaware, Virginia, No a. (3d voL, pp. 1,428 and 1,429.) The above extracts of opinions of leading Northern delegates, and the above-cued votes of Massachusetts, Connecticut and other States, prove my statement numbered X. It proves that the proposition for prohibition of the importation ot slaves came from Maryland, and was warmly supported on moral grounds by Virginia, and that Connecticut immediately pronounced, Let every State import what it pleases while Massachusetts ably seconded Connecticut, that it was "to be considered in a political light only, aad at once suggested Ithe exemption of imported slaves from duty, however struck the commercial sagacity" of the North, He made it a subject for trade, not for moral speculatiens.

Those extracts and votes also prove that when the Committee reported the year IfeCO aa the period within which the trade should oat he prohibited, Massachusetts promptly seconded and acted with South Carolina in a successful effort to extend the time for the Importation of slaves from Africa to the year ISuS. I now turn to the consideration of the fourth statement made by me. aad I continue extracts from tha debates tn the federal Convention 31: G.iJ' oi Massachusetts, moved rto reconsider PPttaon of two thirds of the States in this Union for aa amendment of this Con-atitution, the Legislature of tha United States shall can a Convention for that purpose." He said 44 Two tairda may obtain a Convention, a majority of which can bind tho Inion to innovations that mar subvert tha State Constitutions altogether." On Mr. Gbbbti motion, MassachusetlA tJlhJS1 'RnUMallof South" .1" to give a power rtich relating to alavee might be altered by the States aot interested in that property, It-" order to obviatethai wonU addad to tha proposition wJTv thf Maendment which may be made ior to the rear 1808 1 hall ta any manner affect the fcerth and iftn aecttona of tne seventh article." OA tola, which passed in tha affirmative, the vote stood New-Jersey, vhialA, North Carolina, Soath iV Oesawaro-New Naa iifmpahire, divided. at ad J0" my fourth Uuf aOor michaetu had toconded and voted for fWieotlri t.

for importation of alavee, aba also ealled for tho reconsideration of the articto upon tha mode of amending the Constitution, aad voted for the clause thai no amendment to be made ahould affect ia any war the Slave-trade guaranty. I have nothing more to add Having now corrected the hostile and malignant criticisms of two leading editors to the Black Republican cause, vis. Mr. Tavaiov and Mr Hxhbt J. Raimoho the first In my speech at Rochester and the last in thia letter, I leave the whole aubject of those speeches to the judgment of an Intelligent public.

I may be permitted to observe, however, that I have not had an opportunity of correcting the reports which were made of them and there are errors of atyle and statement in the reports which I should have beea glad to have corrected. Could those papers which have copied the Trass article do me the justice to publish my reply, I should be gratified by that act of courtesy, while, at the same time, the cause of truth would be subserved. Your obedient servant, W. L. YANCEY.

LAW RKPORrB. MURDKK TRIAL. Court of Oyer and Terminer. TSIAL OV H'GOUGIl AND Win P0E BtUBDKK JCBT HOT AGRXKD SFKECB OF JAM 3 T. BIAPT.

In this Court yesterday, before Judge Gould, the first trial was that of John McGough and his wife. Ana McGough, jointly indicted for the order of David O'Rorke, on the 25th of September last, at No. 319 Vater-6treet, by stabbing him with a knife. A jury was impanneled with very little difficulty, and the trial proceeded. Coi.

Michael Doheny, having been assigned by the Court as counsel for defence, desired that a colleague might be assigned- with himself. By request of the Court, therefore, Mr. James T. Brady, who happened to be present on other business, undertook the conduct of the defence, and occupied, his entire day In the generous discharge of the duty. The prisoners watched the trial with great Interest, The woman avt with her infant at the breast moat of the time.

Mr. Anthon opened for the people with a brief statement to the jury, to the effect that the prisoner, John McGough, having had some difficulty with the deceased, provoked a contest with him, and then plunged a knife in his neck. When the deceased fell, the wife of the murderer held the hands of the victim while her husband thrust in the knife a second time. The prosecution would ask a conviction for murder In the first degree. Mom Leyne, the first witness, testified that on the night of the muider he slept at O'Rorke's house; prisoners and deceased lived on the top floor of the iiouse on the morning of that day, the witness was awakened by a noise deceased knocked at the door of ibe prisoner tiie door was opened a little way.

when tlie prisoner cut at the neca of the deceased with a sheath knife, and he fell into the arms of his wife the ooor was then shut, and witness saw no more this was about six o'clock in the morning. On cross-examination, witness stated that he was a 'longshoreman deceased was the same, and the pris-over was a rigger, about 30 years of ago the noise which awoke tne prisoner was that, of o'Rorke In his own room witness and deceased vhaJ been drinking the night before, and didn't go to bed till 12 o'clock hen O'Rorke was brought oat dead McGortgh ran down stairs with Ids hat in one haad, the kidfegrasped in the other O'Rorke showed the witness a wound 011 his head before he went out of the room In the morning, and said, See what that man and his wife did to me, adding an angry and inelegant expletive he did not say he would murder them O'Rorke was not sober that morning witness said he had testified before the Coroner's jury that he thought the deceased heard the exclamation of the prisoner when McGough showed hi wound to witness', he stated that the prisoner had struck him with a stick and his wife witn an ax. Nothing further waa elicited from this witness, who evinced so very little mental comprehension that it waa with the greatest difficulty the ingenuity of counsel could draw the testimony from him. Ann O'Rorke, wife of the deceased, next came upon the stand, with a child In her arms. About o'clock deceased left the bed and went down stairs barefoot; an hour after he came up talis talking loudly witness got up and found he was talking with the prisoner, who stood upon his own landing deceased being upon the stairs O'Rorke saio to tlie prisoner, l'ou cut my head, on Satuiday, with an ax you and your wife, when you got me drunk let me get you out on the side-walk and 1 will let you know whether you are able or not prisoner said I am ready for you at any time witness then drew her husband back, telling him not to be heard talking that way prisoner then aaid, "Why don't you come out at any time that I catch yuu across the landing IU kill you or you'll kill me deceased opened the door, went out, and said I'll put my foot across the landing, and it will take a bigger man than you to kill me at any time deceased then went out and crossed the landing itness then saw the prisoner come out of Ids room with a knife in his hand she told her husband not to go near McGough for he had a knife deceased did not heed the warning, but walked along, when the prisoner slabbed deceased in the neck McGough then pulled the knlte out and tried to run into his own room deceased tried to pull him out, but he became eak from loss of blood, fell against the door, and McGough fell upon him witness then tilod to take tiie knile from prisoner, but he clung to it prisoner's wife then took the witness round the neck, and said, "why don't you stab him again before sha gets the knife away deceased was not armed on the Saturday before thU, deceased hal gone to prisoner's room and asked him to go fer tome beer he refused, and deceased went himself; afterwards, when deceased as drunk on the landing, the prisoner had a stick, his wife an ax, and another woman, some other woman, and all were beating him till the blood ciitie.

On the following Monday evening prisoner had a knife and mid he would take the life or deceased if he ever got the chance witness was twenty-six years of age, and had been married three years she had kion the prisoners four months they were all in the habit of getting beastly drunk, but were sober at the time of assaulting O'Rotkeon the Saturday previous to the murder; the prisoner always carried a sheath-knife for use in his business as a rigger. The knife was in Court, and was a common bread or meat knife. The blade was five inches long and oue inch wide, and was covered with blood: dried upon it. There were three stabs made, one in the throat and two In the jaw. OJJietr Cookley, the next witness, testified to having heard the cry of murder in the prisoner's house on the morning In question.

He went in, and met the prisoner with a knife in his hand. (The witness waahere fhown the knife and identified it. Leyne was following the prisoner, and said. Arrest that man he has cut a man up stairs." Prisoner then said, Yes, I cut him, and I am not sorry for it he la a bal man. Prisoner's clothes were bloody in several places, and his hand covered with blood.

Mary iMncn. the next witness, testified that she lived at the house of deceased at the time of his death. She came there the Friday before. Itness then gave a succinct account of the murder, wh'ch corroborated entirely the statement of Mrs. O'Rorke, a previous witness.

Prisoner gave deceased a second stab, while he was down, under the prisoner. Prisoner's wife hel i the deceased's hand, while ber husband gave the second stab. Dr. Beech, the next witness, stated that he examine 1 the deceased, and found him to have received wounds in the neck, arm and face the stab in the neck passed in at the side and reached the. back bone, cutting a part of it off the main artery in the neck was severed the wound in the forehead was an old one, which had been dressed.

No further testimony was adduced for the people. Counsel for defense here suggested that Mrs. McGough had not been Implicated by the testimony Jn the murder, she having held the hands of the deceased after the fatal wound in the neck had been made. The Court agreed with the counsel, and the District-Attorney said he should not press the prosecution thought the woman. The rest of the trial proceeded, therefore, only with reference to the man.

THI DII-EKSK. Col. Doheny opened the defense in a brief address to the Jury. He hoped to prove that so far waa his client from being guilty of murdering the deceased, he had only defended himself against a hostile attack In defense of the threatened Uvea of his wife, bis child, and himself. It would remain for the Jury to judge whether the facts to be put in evidence would establish this claim.

Alict MUion, the first witness for the defence, was acquainted with the prisoners, and had lived in their family en the Saturday before the murder' deceased came to the prisoner's house and asked him to go and get some beer prisoner said, the beer, get It yourself, and go and drink it with your wife deceased then ealled McGough out of his name, thrust his child against the stove, kicked the prisoner, blacked his eye, and dragged him out upon the landing; witness then went for policemen to come and make peace oa that same day McGough went to the Police-office to get a warrant against O'Rorke that night deceased used violent language toward the prisoner the prisoner was a sober man, but witness had seen him a little heady Mr. Churchill, the next witness, lived In the same house with the prisoner at the time of tha murder, fhe saw nothing, however, of the occurrence, and another witness was called. 'trick McQuiUen testified to the prisoner's good character for the past twelve or thirteen years. Tho defence thea closed. VB, ftJtADY'S ADDUM.

Mr, Brady said that he never heard of tho prisoner till to-day. He only happened to he present on other professional businesa, and had accepted the doty assigned by the Court of protecting tho right of tho prisoner. The testimony had been very contradictory about the number of the wounds given. No one of the witneasea who saw the occurrence bad testified to any wound, or the possibility ef 00a on tho ew of the deceased yet tha physician had testified to having found R-a fresh wound, like that la the neck, If the statement of the witnesses waa accurate, the deceased eould not at any time have been ia a potrtion to receive the wound in the manner described by Uw physician Tho ana oi tho deceased moat hava been in a raised position to receive the wound where it waa described to have been. Now, as the deceased waa a aaaa ia too prime ef life, and very much larger and stronger than tha prisoner, if ho were to raise his "rirxntic arm in a threatening attitude, would it not he Terr likely that tha prisoner would resist by aay moans and ia ao doing woukl he not have inflicted tho wound in the arm as had been described I i The priaooerhad stated to his counsel that the affray had been begun by the deceased ia McGougVs ow.n when no witness was present but his wife I etrtfe had take frH edlr wound was Inflicted, theory to eonshrtenj with the facts proved, jrasnot the Prisoner defending his home, his wife, his tild, and aumaolL- iSroeTthe verr nature 0 this ttooryj no testimony eouid be adduced to support It, Blnee the lawmmnM nnt allow 1 rJr.Taataal weU -1- nuurm suouia effected la thi, 1 as evea some more radical in the.

fore-arm of too deceased waa vuviuu 1 him down wuuuw 1 i were guilty of murder in the first decree. smaasitZ? ter, or evea of justifiable homicldav The evidence proved that tha aggression earns la the first Instance from the deceased, who eamalniZ the house of the prisoner on the previous SsmS-dW and had the Impudence to order hi as to go for That was the berinnlaa- of the aavrMimi the following Monday morniag the deceased an? u2 night, wake up and talk over the Injury that be had received, whea he bad made tho aggression ee. Saturday before. Thea after uttering deaunclAanll prWer, he goes out Into the entry, a7 that he might make no noise, aad there lurks for 21 prisotiera whole beer, and thea is next aeardfrSI th Prtaooor door. What waalliat -7- wife of the deceared had testified that he rhiiu.i prisoner, saying Let me catch vou on toosMeeaTt fJldI.

LU1 you are ahle.f Was there aay wtom. In McGough's reply. "I am ready for yoa aianf time Indeed, be had a right to am himself for are. tection against an assault by a man ao much his ae. -perior in physical strength, But he aid aot ana hue.

aelf. He had about him the ordinary sheath knife which men of his calling always use in their buaiaeav and carry on their persons, i Mrs. O'Rorke had Bade tlie prisoner say, "if you put roar foot aerem the landing, I'll kill you, or yom ahaHfkil me." In saying this, his mind of course' was dwelling on the scenes of a few days hew i fore. He did not say, "I will kill you If yoa eoma Into the entry," but If you eroea the landing aad eater my domain fas you did The deceased than -crossed the landing and thus began the attack. If repelling such a giant in also aad might, the prisoner 1 had taken his life, it certainly eould aot be aaytaiar more than justifiable homicide, if it would be eraa that.

When the prisoner waa met bv aa offiiwrm. iw. stair, his utterance. I did eat him," shows that he didn't suppose he had killed him, Mow, a neeesearv element of murder tn the first degree ia the mttnt. uuc pi u.ucr iiau micwm vj am me ueceasea, woula 1 he have been likely to refer to his act aa a catting.

It is true that a man's Intent ia ordinarily to be dedaoed from his acts. But the fact tbat a knife it used la ia- flicting a wound does not prove that the latent was to kill. For the wound may have beea inflicted oa the little toe. If certainly is aa absurdity for the law te presume every Ignorant man an accomplished an ale-1 1-mist, and that he knows where every artery or other 1 vital part is situated. Unless It were proved, or at'' least apparent from all the circumstances of the case.

that the prisoner would know that the pi aee whereaa inflicted the wound was a vital part, it would be wrong to suppose that he designed to take the life ef the deceased. The counsel concluded by asking that the urv mi ght render a verdict Use thaa that of i der in the firit degree. DISTRICT-ATTOBSIT WATKBBtTET'S ADDRXSS. T' Mr. Waterbury, in closing Jhe 'defence, salt, that when a man la sent untimely out of the world, he passes that boundary beyond which human power can.

not reach idm. The only reparation possible for the wrong is for the law to gather together the testimony I and punish the wrong-doer thus only can the safety of those Who are left behind be secured. In the present case, there had been no dispute, that the prboaar had taken the life of the deceased. It hai beee sought to put the crime on a basis of justifiable homicide. If there was ever a murder this was one.

Even if the provocation came first front theV deceased, tt waa not sufficiently aggravated to have justified even the law in taking even the offender's life. Yet the prisoner went away and rmed himself with the deadly intent of taking the life of a fellow A day or two before the murder the prisoner had boasted of his possession of a knife, and had threatens 1 to use tt. But even if the provocation on the morning ef the occurrence came from the deceased, it waa daarty proeed that the prisoner had been taken into the rooaa of hia wife, and had a second time coma out, and thaa renewed the fight himself. 1 There waa nothing in the nature of the wound In -the arm which conflicted with any of the testimony given. When the deceased had been stabbed the throat, what more likely motion would he make thaa'': to put up his arm and ward off a continuance or repetition of the act The murderous latent of the pris.

4 oner waa clear from the fact, that having Inflicted oae wound he struggled hard to free himself from the-grasp of those restraining him, and plunged the knife a second time into hia victim. The character of the weapon used waa another circumstance which would suggest the Intent, Indeed, all the facts of the ease 1 proved that the deed was murder, and It only re-mained to be decided wnether It waa in the first or second degree. The Jury should decide on the facts in the case, and not be governed In their conclusions by any considerations of what the result may be. The CourtQthen. charged the Jury ia suhstaaaaee follows: JUDGX'B CHAB0Z- I The duty devolving upon the Jury Is imperative.

They must decide according to evidence truly aad faithfully, without any regard whatever to the probe-f ble consequences. The offence charged against the prisoner came under the general term of homicide under this there' were various degrees. Where there is a deliberate, as well as a premeditated design, the offence Is murder in the first degree. That is a premeditated design under the old law which exists long' enough to give force to the blow. But the Legislature of last Winter had changed this, and required a slee.

and tbotwhtful deliberation. Homicide proved, el murder resumed until some explanation shall he give to lessen the degree. The unexplained act of homicide carries with ll the presumed intent to kilL Murder in the second degree1 differs from that In the first, by lacking the element of premeditation. Manslaughter is the unintentional killing while tn the act of committing any felony or misdemeaaes. Manslaughter in the second degree is killing another without a design while in a heat of passion, but in aa unusually cruel manner.

In the fourth degree it without deadly weapon, nor in a cruel and nauraai manner. The jury must find in which of these degree the presei.t homicide would come. It has beea' i claimed that the act bad been committed ia self-de 1 fence and defence of home. A man may defend! hist- 1 self when in peril of great bodily Injury, or whea he reasonably supposes himcelf to be, by the kind, sal' degree of force proportionate to the danger. The jury must inquire whether the prisoner was la" such a fear or peril of bodily injury aa would warrant 1 the takinjr of life.

Anv reasonable doubt arislnr ia 5 the case Is the property of the prisoner and he should nave tne oenent 01 iu The jury then retired, and up to a late hou, whsa our reports came in, had not agreed. i The Court will sit this morning at 10 past sentence nnan Mnlllpan anil niw nr twn nthraL -J Ceart ef General Soealoaa. -4 A LIGHT riNB ASSAULT AMD BATTKKXK9 A BOVt OLAB ON TBI STAND. In this Court yesterday, before Judge BcssiXs Ex-Alderman Wilson was brought forward for am-fence, upon a conviction of having assaulted Alder- I man RusselL The Court remarked, that but for tha intercession of the complaining witness, and for flat heavy damages ($5,000) which had bean obtained la a i civil suit, the sentence would have been severe, ould now be merely nominal a fine of six cents, Charles Smith, previously convicted of larceny, waa next sentenced six months to the Penitentiary. 1 Samuel Clark, already convicted of pas a lag cow- terfclt money, was next brought out for eentenfee.

Bat in view of the extremely precarioua oonditioa pt his: health, he was discharged and judgment suspended. 1 Thomas Clark, convicted of an attempt at grand larceny, waa sent to the Penitentiary one Henry McCormlc, who pleaded guilty, a day tor tee) ago, to an assault with aa attempt to commit rape, waa next sentenced to the City Prison for three months, Joseph O'Connor next pleaded guilty to an asaaatt with attempt to do great bodily nn. An excellent character was proved, and the prisoner was sentences to twenty days' confinement iajhe City Prison sad payment of a fine of $130. George Pigot, indicted for conspiracy, was charged on 1 motion of the prosecution, no a liaisons appearing against him. Peter O'Brennan next pleaded guilty to an attetapt at grand larceny, and at the request of the eoaaplaia- -ant, hia employer, was discharged under suspends sentence.

John Warren next pleaded guilty to an assault sat battery, and waa sentenced six. months to; the fessV tentiary. Michael VxCabe. Indicted for felonious assault was discharged, the witnees against him aaviag the country. Samuel Levy waa next tried for receiving stolen good, from a burglar, the principal witness against him.

He attempted to prove at efcaiby the testisnoaf of some confrtm, but the jary. after a short abaenea, returned a verdict of gully, and he waa remanded tat The Court then adjourned till Monday taornlng at 11 o'clock. The calendar will be pohllsasxL ia eat legal cohunn that morning. i -i 1 Jjmm Stadeete ef Celambln College. 8UPREME COTJET GssBXAl, Txn.

j- 1 rtijrt 1 rr Ajrplicttions of Henry mud'AO IfaraAeat to mdmUUd to tar New York ger-TkH Court now, ia accordance with the decision of 4a Coart of Appeals, have ordered, tfpon filing the itur, that tha appellants be admitted to aracUeeiAs-i eordlagly. the following-named gentlemen hare else been admitted Robert IL Booman, Edward 8. Daktr, Henry A. Grant. Fen tin Rockwell.

John Bcaeack, T.F. Stmpeoa, Aea B. Gardner. 1 1 The same order waa made ia regard to the stodeat of the University Law SchooL 4 1 EAet of the Dewth af en Aenaa i -r. v- 'Csteev SUPREME COUBT-GraMAa Tin 4 Beaiva Jmntm BsiiartsaBsaagyaaaPiitybieB WiUUm D.

Wmrren, mjrptlbuU -vs. Da" Xdiy wMwrax4Thls action" was tried si Circuit la this City, before Justice Wright Jane 160, and judgment rendered for' the 'plalitil tt teas fLThe eaea was defended by J. W.Celxft Esqn who appealed and gave the undertaking to roceediig July 18M, AmendmenU to the were aerved on Culver, July 27, 1658, and at (he a they were aerved. Culver1 notified the persoa servlof them that the defendant, Xdiy, for wboaheappf ed, died in Philadelphia, Jul -a. 1554, and 1 would take no further proceedings In the ce.

Clark and Cornwall rere the plalntilPs AUoraeriU 1 the original acttoe.stoa the appeal K. P- Cisrk Peared for the, twspondent without a formal. uuwi wr, out to execute the feelings of venntBea which hts previous conversation with Leyne had ash 'i cited He was a marauder and a trespasser, aad tL prisoner might rightfully repel him bythe nuklSaU means which Would suffice for that mA. 3 1 1 i i I If- 3..