The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1823-05-13
@Sa%eEfe4
PORTLAND. TUESDAY, MAY 10, 1929.

to ascertain what elections have been made for
Congress in the state, and to appoint day Of
election in those districts where there may have
been no choice. 1t would be we'll five were TO
adopt,i in this particular law of New Hampshire,
which provides, that at the second trial the per-
son shall be declared elected, who has the plu-
raIity Of votes. Such law would have the ef-
feet of uniting public sentiment in the most prom
inent candidate and saving much time, irritation
and expense.
FOREIGN NEVIS.
The latest foreign intelligence is from London
10 the 4th of April, received by the Minerva at
New-York. The accounts by this arrival are
by no means satisfactory f; it is said in of the
London papers, the San, of April 3D. that a for
NAL declaration Of war had been made against
Spain by France, and that the English govern
ment had received a manifesto stating the cause
of the invasion of the Peninsula; no other papers
confirm this statement and il was not believed in
Liverpool to be correct. 1t is asked why was
formal declaration necessary The kings war
speech was sufficient, the French army had gath
cred upon the frontiers, and every thing had
been made ready for the attack after this there
was no need either for public information or TO
comply with usage to send forth declaration CT
hostility.
The liberal party both in England and France
entertained hopes that the war would be avcrted,
and the English government, it is said. had
not spared exertions TO preserve peace. These
hopes arc encouraged by the circumstance that
there have been no captures at sea by French
or Spanish cruisers; and we have not heard that
letters of marquc and commissions to priyateers
have been issued.
The king of Spain left Madrid on the Goth OF
March for Seville under an escort Of 5000 men.
On Tuesday last the Supreme Judicial Court
commenced its session in this town. At this
term came on the trial Of Patrick Cole, Of
Brunswick-charged with the murder of Samu-
ell A. Coombs on the Goth Of March last. The
facts are sufficiently detailed by the following
minutes Of the evidence Poitely furnished Us by
member of the bar.
WITNESSES.
John D1nning, 3d.-Was at the shop Of
Coombs Goth biarch-Cole was therer-they APP
peared to be 10 dispute whether the shooting of
Coles horse was done right or motif not Cole
said he should DO il for nothigg-COombs said he
would not agreed to leave it to PoIeys. Polleys
dcclined-some quarrelling. Coombs said if you
repeat those words III knock you to the devil
Cole said he doubted if be could stepped up
near Coombs about foot, and dared Coombs to
strike him-Co0mbs said don't want 70 strike
Won; suppose YOU want to take the law-COie
said no he did not--COlc said he supposed Coombs
wanted to take the iaw-Coonbs said he did not
Cole asked him if he would lay the law aside
-Coombs said be would-Cole said to Coonbs
will Won say SO before this man-Coombs said he
would-CoIe Has not stripped; both appeared to
be in quite rage-Cole Immediately took oil
bis outside coat and CoOmbs took of his leather
apron--I did not see Cole take of bis neckc!oth
They were in scufle for a short time and
then clinched each other by the collar. / don't
know who seized the collar hrst-l don't know
whether Coombs had any thing on the neoA--
Dhey struck each other with their right hands,
on the head and face they soon became bloody
and appeared to be about on an equal footir.,
when | went to call Spoet to help but when
came back Cole had Coombs against the wall
on the back side of the shop saw 40 blows on
nv return-when we entered the door COombs
fell on the floor and Cole struck him one blow
They had moved about 10 feet when returned
-Spollet took Cole by the arm and pulled him
back towards the door-Coombs was Oh the floor
motionless as it appeared-Mr. Johnson raised
him up an end-lnedical aid was cailed-i did
not know that Coornbs was dead when | went
away.
Cross examined By M. Long eiIor.--i did notsee
Coombs knock Cole down-nor against the bench.
cannot tell who struck frst-nor who ciinched
6rst-Ceombs had his coat on a short Jacket
when the attack began; Coonbs threatened to
strike first don't know whether Coombs bad
a hammer in lis hand or not--When the quarrel
began don't know what he was then doing-he
had been Just before shooting horse Coombs
was considerably heavier than Cole they held
on after they got hold of each other, till it was
over as far as know. When returned they
appeared much exhausted--when | went for help
they appeared as violent as they had been-l
should not suppose that either of them could es-
cape thew were so well ciinched.--CoombS was
quite thick set man.
James SpoHef. The Goth March, about 9 o'clk.
A. M. Cole said there was a dispute between
Coombs and him, and they agreed TO leave it 10
me and when they told me what it was, told
them was 10 Judge, and went away. Jonathan
Dunning came 10 me and told me there was
difficulty and asked me 10 go.-I went, and
found them-Coombs' back against the bench,
and Cole in 'front.' saw no blows they APP
peared clenched pretty much ake-Cole had
one hand in Coombs face, and the other on his
shoulder: -Coombs' hands were much in the
same manner as Cole smother striking-Coomb
sailed and felI---Coe kept hold with his left
hand until Coombs fell and had him by the
collar or shoulder when lie fell.-le had not
hmi of the hankerc hief. and he struck him one
blow after he was down. saw no weapon used.
When we took away Cole, Coombs was motion
less--be seemed 10 breathe once-we brought
water and tried to bring him to-Dr. Smith soon
came, and found Coombs TO be dead.
Asa johnson was at the shop with Spollet, or
rather Just after.--Wben / got to the shop
Coonbs was on The floor, on bis back. Cole