Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-01-29
LOCAL INTELLIGENCE.

oeiuty, tue eVfuenCe Tor the nited states In the
case q Marv McFerson for the murder Of Nancy
Buchanan had just closed
Inc defence presented no evidence, but Mr.
MOTIFS prayed the Court for a series of instruc-
lions TO the jury follows:
ist III the jury should not he satisfied from the
evidence aforesaid that the death Of the deceased
was occasioned by the said wounds upon her
quif:al ''' VI az
I'd. And IL they should he of opinion that the
wounds so recei vsd by the deceased were not
mortal In their character but that the fever which
caused her death was rendered mortal by some
iSosltlse supervenient cause or siimulant indie
persistent OF, and not produced by the said wounds
W toeang, OF o,her act OF the prisoner, then the
prisoner Is In like manner entitled to verdict of
scquittal.
g. And IL they should believe from the evil
dence that the said wounds would not in their
manure, had they been inflicted upon person of
ordinarily healthy constitution, have produced
death, but merely resulted in grievous bodily
harm although they should believe they occa-
stoned the ii cath of the deceased, they will find
the prisoner guilty of granddaughter only
9Th. And although they should believe that the
said wounds caused the death Of the deceased
yet If they should further believe that the pris-
oner At the time of iDficting the same was moved
by sudden prOvocation, and had not a TO med
purpose or design to take the life of the decea<fd
but merely To cbastise or severely heat her. they
only.
5ih. IL they should further believe from the
evidence aforesaid, that any of said wounds were
inflicted on the deceased nv the prisoner at !,
former day. aud that the infiction of the same
were provoked by an assault upon the prisoner
by the deceassd; and il is uncertain whether tho
SAID wounds or those charged I'm the indictment
caused the death of the deceased, they should
md the prisoner not guilty, unless they beIiev,
that the said wounds inflicted on the decreased ON
The former occasion were disproportioned to the
provocatOn, then they can Ind the prisoner puilv
OF m1nslaughter only.
These Instructions were after argument, sub
IN tied to the Court, who answered them with
proper qualifications.
MIR. Maury, the acting district attorney then
prayed the following Instructions 10 the iurv ON
The part of the United States:
" the jury believe from the evidence afore-
said, that the prisoner, Mary McFefson as ,ault-
ed the deceased, Nancy Buchanan in tn. man
ner and form aforesaid, to wit: with the oakpn
board and the chair aforesaid, either from malice
sprlnglng up at the instant, or from Pre-con-
celyed malice; and that she, the said prisoner
dld then and there intiict upon the said deceased
the mortal wounds and bruises aforesaid of
which said mortal wounds and bruises she the
said deceased afterwards then and there died :.
then the said prisoner. Mary McFersou * guilty
OF murder, and it is not necessary that the jury
shonld be satisfied that the prisoner had the dis
tinct inteDt in fact to produce death nv the blows
provided they further lind from the evidence thr
same were wilfully and violently Inflicted with
intent TO do grievous bodily harm to the deceased
and without regard to consequences
This instruction the Court answered in the
same manner a, in the foregoing instructions
paved by the counsel for the defence The Jury
was theh addressed by 81. Maury for government
and MessTs. Rooker and Norris for defence
The case then went TO the Jury who after an
absence from the courtroom of one hour re-
turned with u verdict of m4nslaugh,er There
upon the Court adjourned
To-day, the Cont met At the usual hour but
up 10 the time our reporter left the Court nothing
had been done. Several prisoners were ar
raignsd. but in the absence of witnesses no case
was taken up for trial.
LECTURE BY Mr. GEORGE Conway Thar.
was full audience at Philharmonic hall last
evening to listen to the discourse of Mr. CONWAY,
the educated INDIAN. The several delegations of
Indians at present in the city, were on the stand
with the speaker, and were objects of no little
curiosity The lecture itself was full of interest
especially to those of the audience acouaint, Il
with the general history of North Amer lean In
dams. The intention of the lecturer was appa-
fentiy 10 awaken desire in the mind, of his
hearers to attempt the civilization and preserva-
tion OF bis red brethren in d more erec;udl man.
ner than has yet been adopted
lie spoke OF the hOstilIties between the two
races, and urged that his should not be so
deeply cehsured on this account as the anita 20
nlsm arose more by reason of the white man
cupldty, than from any savage princi pie inherent
IN the Indians. To prove This he urged that
wneh The whites hrst came hither from Europe,
tney received Kindness and hospitality at the
bands Of the red men More than This wi en-
different nations Of whites have gone TO war for
tue supremacy IN this Western world, thew have
each made use Of the Indians a. their auxiliares
For the decline of the Indians he account, a bv
the introduction among them of deadly weap-
ons by their engaging in the wars Of the whites,
the smallpox, &c. One great reason whv II has
been found impossible to civlize the Indians.
be said, was because of their being so frequently
remove d from one district or reservation to
another.
In conclusion, he suggested plan for the civ
1iizaiion ard christianization of the remaining
tribes, by centralizng them in one reservation,
where they should be permitted 10 remain and
where the transition from the savage state should
be gradual, and with a view to their physical
comfort BY this means they would require few
srteachsIs, and could be governed by suitable
laws. Their cbildren could lie sent 10 school
and ultimately they would become useful and
gccd citizens.
SUFREME CouRT.-WsdncNf np Jno r DOYLE
Esq, of New York, was admitted an attorney
and counsellor of this Court
No ~ Jacob y. Payne ct al , plaintiffs in er-
roi, Is. Jonathan J Niles ct al. The argument
the plaintiffs in error
No 81. Paul Spoford ct al ., claimants of the
steamship James Adger, &c, appellants, T.
VIM VIM j; Todd ct al Appeal from the Circuit
Court OF the United states for the southern dis
t'ict Of New York. The matters in controversy
ID mis- cause having been agreed and settled be-
tween the parties, il was ordered that this appeaI
be dismissed, with costs.
Nos. 81 and 81. Edwin NJ. Chaff-e trustee of
Horace I'll. Day, plaintiff in error, rs Nathaniel
HAYWARD, aud Horace II. Day, plaintiff in error.
-. Nathaniel Hayward. These causes were
argued by MrsSrs. Putnam and ChaS : Bradley
for the defendant in error, and submitted on a
printed argument by Mr.. Jenckes for the plain
tiff, in error
No 81. Horace &. SilSby ct al appellants rs
Elisha foote. The argument of this cause was
commenced by Mr.. Blatchford for the appellants
Adjourned.
Thursday WIN II. Brown, Esq, Of New
York WIS admitted attorney and counsellor
Of this Court
No. 80 David A. Lscombe ct al plaintiff, in
error. - Franklin steele In error to the Su
pFeme Court for the Territory Of Minnesota Mr.
Justice Campbell delivered the opinion of the
Court, Affirming The judgment Of ehe said So
Preine Court IN this cause, with costs
No 81. Horace e.. Silsby IT al . appellants rs
Eli>h Foote. The Argument in this cause was
continued ny Mr. Foote for The appellee aud by
M Keller for the appellants. Adjourned
CONCERT BY ST Matthews CHoIR.-Amidst
the various scenes of pleasure that promise to en-
Iiven the coming week, the Concert by St Mat
thew's Choir on Monday next, holds the most
prominent rank, as an occasion which will not