New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-05

KILLED Br KISDSEss.-Yesteriay, at New-Ro-
chelle, an inquest was held upon the body of John
Burton an Irishman which elected facts enough to
show that his death had been directly caused by the
bard-fs;ed ocousness of Of bis compairiots. The
facts are briefly these: Burton has for a long time
been of incorporate habits, pursuing regular EN-
pioyment, but working a odd jobs, the wages
ceved for which were spent for rum. For the past
two or three DAYS he lad been on real " blind
drunk and the greater part of the time lying in and
about the blacksmith shop of one John Hopkins who,
probably for old acquaintance sake, was partially
intoxicated with him. On Tuesday, Burton Was
seen at Hopkins shop, sometimes inside on the floor,
and sometimes in the gutter in front, he and his
friend could agree to quarters. On wednesday the
same thing continued, with occasional variations OF
detail; hut, convinced that his friend was rum
my and needed arousing, Hopkins shook him
violently at times, dragged him by one
out Of the shop, kicked him in the rbs, and des
pe the cool weather poured numerous pals OF cold
water upon biz head and chest. Although repeatedly
warned Of the ultimate result Of his harsh treatment,
Hopkins persisted, and even when told thai the man
was dying did not his endeavors TO arouse him
The result was that Burton died. The Coroner in due
time impanneed Jury, and thinking the case either
very clear. Of very little importance. was for dis
patching it speedily, with the usual verdict OF inem-
peraneo." The Jury, however, concluding from per-
sonal observation and testimony, that there was no
good cause for the mans death, except j; had been
FASTENED by the treatment he had experienced,
persisted in calling full testimony. DR.. D. Brinker-
hof being called 10 the stand, testified that IN his
opinion the man had died from i'll treatment; and this
opinion was given 80 explicitly that the Coroner finally
ordered him 10 make post-mortem examination. The
autopsy over, the doctor testified TO having found no
congestion OF the brain and no marks Of violence on The
BODY other than some bruises the ribs and thigh. Not
enough TO cause death. He however believed that the
pouring of several pals of cold water from hight of
FIVE or six feet upon the head of the drunken man, and
the other rough treatment he had experienced, had
given such shock to his nervous system IA 10 have
caused DEATH Numerous witnesses were called to prove
the several facts above stated and the case being given
to the Jury they returned in hall hour with the fol-
lowing verdict:
THAT tn. death Of John Burton caused ~
and accelerated by rough treatment at the hand
OF John Hopkins
This should he warning to persons who NEEDLE
with drunken men, either for the sake of having
sport" or in the belief that they can restore them
from their eomatose condition by pouring cold water
upon their heads 1t il not long since refractory ne
gro was killed at the State Prison by the shower-bah
treatment and this of Burtons il another warning
against the excessive use of water the head when
the system is greatly enfeebled.
CouMopoRE VANDERBILT Va. Henry J. RAY
noxD.-Commodore Vanderbilt appeared yesterday
before Justice Osborn, at the Tombs and made CON-
plant against Henry j. Raymond, editor of The ~ T.
Daily Times for having published in that paper an
article which the complainant alleges TO be false and
hbelons. As the affidavit filed by the Commodore is
an interesting document we give entire, follows:
Cornelius Vanderbilt being duly sworn deposes and
saws that he is interested III steamers used TO carry
passengers between the ports Of New-fork and Cai-
forna and that he has contract for carrying the mails
for the Government of the United States OF America,
between New-York and California, via Aspnwali;
that for same time past there has been, and now rs
daily newspaper published in New-iork called me
Nfn- York Daay Times, and that before and on the
18Th day OF October inst, the editors OF SAID paper
were aud since have been, Henry D. Raymond, and
others that III the issue Of sand newspaper, under the
direction of said editors, on the day last mentioned,
there was printed published and circulated an article
in which deponent il mentioned and which I've aIe9es
TO he libel upon him. that said article Is headed The
Fillibuster Moyement-New and important develop
ments-A Seamer-load of Arms and Munitions leaving
NewYork that deponent understands the SAID art-
Gle and rs he beeyesit intended by sad editors To
be understood, and deponen has been informed and
believes it is generally understood the same conveys
he itnputaop or charge that deponent having as u
alleged bound himself to open the Nicaragua route 10
California has devised some scheme for accomplishing
that object by physical force and TO tins end not only
entered into some leagne or understanding WIN one
William j. Walker, making arrangements 10 nave ms
aid IN commanding a body of armed men for the pur-
pose aforesaid and invading the territory OF Near
aqua but also procured or eonnved at putting arms
and ammunition for the same purpose ON board oil the
steamer Philadelphia which in said article described
"a holm rmuoyed the mails under Ills con-
tract; that every insinuaton and imputatlon made a.
aforesaid against depOnent is false and sanderou-,
and calculated, if not intended, to inJure him III
his reputation and peennlarily; he has not
bound himself TO open the Nicaragua route but re-
served the privilege OF endeayoring TO do 50; and has
desired and now desires to effect that result by lawful,
peaceful and honorable means, and by none other;
for this purpose he desired also and still desires to Sc
cure the friendly consideration Of the Ncaragun Gov
ernment--a design which the injurious publication IN
The Times may retard, II not defeat; thai the said
Walker referred to i'll said publication is person with
whom deponeu never had, nor has be now, any ntl-
macy friendship relation conversation, association,
agreement, treaty negotiation, OF any kind wnat-
ever; and said Walker is the individual who once M
yaded Nicaragua, and is generally denomnated NIL
buster which is commonly used and accepted Ill The
United States 10 denote person engaged in the inva-
sion of foreign soil or government for conquest or
plumber: that il IL not true thar the Phiadelphia
steamer above mentioned was or is one oil the mall
steamers which is designed 10 carry the mails
between New-Orleans and Aspinwall under Mr..
Vandcrbil,'s ldeponent'=l conditional contract;
deponent never owned the Philadelphia, nor
bad he ever has he any interest in her; that
this deponen has to believe, and does believe,
that the said article IN The Tunes the result either
of personal 11will toward him, interest averse TO
his, which leads TO the said newspaper being i'm
PEELED TO asss and if possible, njure him. be further
says that each, and every intimatlon, insnuaon, or
charge, which imputed 70 him any design, intent or
act INCONSISTENT with open. honorable, lawful, and
peaceable conduct and action il utterly untrue aud
lbelous; and he prays that for the publication OF sud
article. being libel, Henry j. Raymond NAY be held
4 H.