sSratotrsjUporter. E. O. GOODRICH. I pnrrnttK R. W. STURROCK,] EDITOKS TOWANDA: Thursday Morning, December 13, 1860 THE MESSAGE. We presume our readers have ere this satis fled their curiositj with regard to thisdocn meot. To the anxious expectancy with which its coming was watched, it brings no degree of relief, and the general feeling in regard to it even among members of the party is one of disappointment. He evidently desires to avoid all responsibility during his term of office, hoping that by pursuing a line of policy which may tend to tranquilize both sections for the time, his few remaining days in office may be quiet ones, and that the final settlement of the difficulties may fall upon his successor. He is true to his principles in ringing the changes upon Northern aggression, holding up as the cause of all this trouble, —northern agitation and the passage of acts rendering void the Constitutional provisions for the rendition of fugitive slaves. The implication is that the North has made the agitation of the slavery question a profession. This is totally unfoun ded in point of fact. With the exception of a few radicals in the North, the people cared little about the slavery question till upon the nefarious repeal of the Missouri Compro mise—a peaceful settlement of a quarter of a century's duration ; the attempt at coercion of the popular will in Kansas, intensified by the Lecompton fraud; and later the announemeut of the doctrine that the constitution itself car ried the " peculiar institution'' into the Ter ritories, a feeling of apprehension arose in the Northern mind as to how far these aegres sioos might continue, which has resulttd in the constitutional election of a man pledged to bring back the administration of tiie govern ment to its old landmarks. This, in fact, is the sole cause of the excitement at the South. The personal liberty bills, which were not in tended as a hindrance to the operations of the Fugitive Slave law, but only as a protection to freemen against the two hasty operations of that law, are made a pretext for a secession that has been long contemplated by the Ore eating leaders, in the event of their losing the power to rule. To the attempt at revolution for these reasons the President gives the se ceders a mild rebuke, saying there is nothing yet to justify it, and at the same time patting j them apau the back by deciaririg that no law exists impairing in the least their rights of j property in slave?, and reminding them of the increased security which they possess under the Dred Scott decision. The President very ably argues the point that a State has no right to secede ; yet viti- : ates his position by declaring that any at j tempt by the Government to coerce a State attempting disunion would only result in a failure ; acknowledging the right of forcing submission, while the power to do so is futile. All this shows that Mr. Buchanan is a mere man of expedients, trying the usual re sorts of a small politcian to escape from diffi eulties which be cannot master and overcome. The idea of promulgating the doctrine, that in a government there exists a right without a remedy,an obligation that cannot be executed, simply presupposes that our Government is slighter, lighter, more fantastical that " the baseless fabric of a vision." Language fails to express the utter contempt existing in sound practical minds for such ridiculous assumptions, each point-blank contradictions. When Utah rebelled, an army was forced the whole breadtb of our Territory to allay it. During the troubles in Kansas the Presi dent could find an excuse for employiug the federal power ; but for the secession of a State and its threatened seizure upon public property the President sees no remedy. In foreign relations the President experi ences little trouble. He simply declares the fact of our being at peace with all foieign powers, individually specifying the smaller States of Central America ; while he says not a word of either Paraguay or Peru—the only Powers with which trouble exists. Per haps he thinks that the settlement of these difficulties will be another pleasant job to Laud over to his successor. Whaterer faults the document has, they are not the same as those of which he has heretofore been guilty—they are this time,sins of omission, for which he should be held none the less responsibe. But the people will over look all such failures in view of the pleasing fact that it is the last official communication of the bouse of Lancaster. THE HOMESTEAD BILL. One of the first acts of our able Repre sentative? was to cal< up the Homestead Bill which was last session referred to the Commit tee of the whole, and by moving the previous question, bringing it before the House, where it was passed by a vote of 132 against 76. For the passage of this important measure, the thanks of the people are due to Mr. GROW, who has for years made a specialty of this measure of legislation for the benefit of the laboring people. The bill is 6aid to be some what modified so as to avoid the President's objections which called forth his veto at the last session of Congress. Instead of making a free gift of the land to actual settlers, it in cludes a provision requiring them to pay ten dollars for a hundred and sixty acres. This 6um is not so large as to offer any se rious difficulty to poor emigrants to the far West, yet as asserting the principle that the people shonld pay for the Covernment lands it is objectionable. Besides even at this small snra greater inducements are offered to specu lators than wouM otherwise be the ca?.e. We hold that the Government has no right to re quire payment for lands which are equally the property of all citizens, and which are to be settled by the poorer classes. For the benefit of oor conntry at large, it is expedient that our Territory be settled as speedily as possible. To aid such settlements it is necessary that emigration to the West should be encouraged. So far as our Gov ernment is concerned, it would be much the gaiber by donating all the public lands to actual settlers. The advantage to our whole country by means of the added wealth that would accrue from the improvement of our territorial possessions would be immeasurably greater than that of the revenue we now de rive from the sale of the public lands. It is a very short sighted policy to demand pay-for our Territory as a means of revenue. But even if the bill is not all that we conid wish, still it is a long step in the right direc tion, and should it pass the Senate which we see no reason to doubt it will, it will apain come before the President, who, unless anxious that his name shull go down to history uncon nected with a single act that entitles him to the repect of bi3 people, will uot dare to withold his signature. THE NEWS.— A dispatch to the associated Press says that while the most conservative Congressmen freely express the belief that there is no prospect whatever of preventing States from following the sece-sion example of South Carolina, others are hopefol that some thing may yet be doue in the way of com promise, and which may at least preserve the Border Slave-holding States in the Union with the non-Siave-holding States. Among tiie plans suggested bv gentlemen belonping to the I&ttcr class of Congressmen is the estab lishment of a line by an amendment to the Constitution, similar to the Missouri Compro mise. Other amendments have been submit ted to the considerations of members from ail sections of the country, and as they have re- j ceived some degree of favor, it may be men- j tioned they provide, first, that Territory shall not be acquired otherwise than by treaty ; second, the w hole inhabitants of any Territory numbering 20,000, shall have the right to elect all officers necessary for its government under the rules prescribed by an act of Con- j gress, and the Legislature thereof may deter mine whether to recognize Slavery or not j during it? Territo;ial existence ; third, when ever any Territory, preparatory to its as.um ing a State Sovereignty, having white inhabi tants equal to the number required for a llep- j resentative in Congress, and having submit ted its Constitution to- a vote of '.lie people, applies for admission, it shall be admitted into the Union, whatever may be its provis- ; ions in regard to Slavery, upon an equal foot ing with the original States ; fourth, that Congress shall uot interfere with Slavery : where its exists under the sanctiou of law,nor shall it prohibit the transportation of slaves from one Slave state to another. THE SECESSION MOVEMENT. — At Charleston if we are to believe the statements which reach us, a misunderstanding has already arisen between the Federal authorities and ; those of the city or State. Major ANDERSON, commanding Fort Moultrie, has been refused : the privilege of sending f o the Arsenal for supplies, and his messengers have been sent back without them, simply because among the articles desired were some percussion caps. The Government it is understood, has been appealed too to send an additional force, as Major ANDERSON has at present only sixty or seventy men, poorlx supplied ; but the Ad ministration,has absolutely refused to do so. In connection with this refusal, vague rumors prevail that a formal notification will soou be given by South Carolina that she inteuds to capture the fort, when the Government will order it to be evacuated without a contest, to avoid a civil war. Of course, it is impossible to tell bow much truth there may be in 6uch rumors. Secretary COBB, it is asserted, lias already resigned, and will vacate his post —in which case it is believed he will be followed by the Representatives from South Carolina and others. There is one thing,how ever which may serve as a check upon too hasty action, and that is the character of the advices from England. The sympathy ex pressed there for the Federal Government, on the reception of the first reports of the se cession movement, somewhat surprises the Disuuionists, and they have no hesitation in saying that it is uot what they expected. As a measure of financial relief to the Govern ment, the House Committee of Ways ani Means, it will be seen, have resolved upon the issue of Treasury notes. THE twenty-seven electors met at Harris burg on Wednesday, the sth iust., and after organizing by electing ex- Gov. Pollock Presi dent, cast their votes for Lincoln and Hamliu. The only elector absent was Ulysess Mercur from this district, whose place was Billed by the selection of E. Reed Myer. THE DEATH WARRANT for the execution of Andrew McKinelev, who was found gnilty of the murder of Thomas Shavtland, at the last May Sessions of the Montour county Court, has been received by Sheriff Bine. He is to be executed in the jailyard on Friday, the Ist day of next February. The uufortuuute man received the news wjth apparent composure, and seems to be reconciled to his fate.—Dan viU Dm. BOOK NOTICES. HARPER'S NEW MONTHLY MAGAZINE. —This old and popular journal is our favorite among the monthlies ; and we long airo set it down as an indispensable luxury. Each number is iu fact, a perfect literary gem. The Publish ers have made engagements which they are confident will render the twenty-second volume more valuable and attractive that any which have preceded it. In the February number will be commenced a story by W M. Thackeray, which is expected to tie continued through the year. The publishers have mide arrangements with the author of " Adam Bede," and " Ihe Mill on the Floss" for a new story for the Magazine. A series of illustrated papers, de scribing life, character, and scenery in every part of the American continent from Labrador to Oregon, prepared f rom personal experience by favorite authors and artists is in prepara tion and will appear frotn time to time. The twenty-second volume of this magazine commences with the number for December. — Among iu contents are—" A Pcepat Washoe By J. Ross Brown. Illustrated." " TheCro ton Aqueduct. By T. Addison Richards Illustrated." "Unwelcome Guests Illustrated." " How the Course of True Love Ran Smooth." "Thomas Oliver, Cobbler, Poet, and Methodist Hero." " John Owen's Appeal." " Out in the Storm." " A Struggle for Life." " Pomp " " A Man's Repentance." " Monthly Record of Current Events." " Literary Notices.' Ed itor's Drawer." " Fashions for December/' Ac. Terms—One copy.one year. $3 ; two copies one year, $5 ; three or more copies, one year, each $2 ; an extra copy gratis for every club of eight subscribers Harper's Magaziue and Harper's Weekly togather one year for $4,00. Address, Harper A Brothers, Publishers, Franklin square, Naw York. THE GENESEE FARMER. —The December number of this excellent agricultural journal is \>n our table. We would again recommend the Genesse Farmer to all who want a good, sound, practical, reliable agricultural and horticultural journal. It cosls only 50 cents a year. A new volume commences with the next number. Now is the time to subscribe. Send the fifty cents in stamps to JOSEEH HAR RIS, Rochester, N. Y, or get one of your neighbors to join with you and send a doliar for two copies. MR-. LINCOLN —A correspondent of the Evening Bulletin thus sketches the future lady of the White House : Doubtless your lady readers would like to know something of the future mistress of the White House. Mrs. Lincoln called in the afternoon to see the portrait that Mr. llealey had just finished. She is of medium size,slight ly inclined to embonpoint, and is still on the sunny side of forty. Her face is oval, and is as remarkable for its regular ronued outlines a her husband's is for angularities. This with soft eyes, dark hair, fair complexion, small features and tnou h,makes jis agreeable a com panion as any one desires to see. She lias a good, motherly look, alow, soft voice, and ap pears to be just such a woman as one would rely on for sympathy and support, llerearri age and gestures are graceful, her manners whining, and her address easy and dignified.— It was plain to all present that it would be no difficult task for her to preside over the court esies of the While. House, and to adorn the station. Of course your lady readers desire to know how she was dressed. It "Jenkins " will pardon ttie invasion of his province, I will undertake, from a very limited knowledge of materials, millinery and mantanmaking, to describe what Mrs. Lincoln wore. Her dress was a brown or oak-colored silk, with grayish flowers and leaves. It was made full with flounces, fitted weli, hung gracefully about her person, and trailed, but just a trifle. Her bonnet was of black si'k trimmed with cheery ribbon, which with a dark mixed shawl, neat fitting gloves, and a rich lavender-colored parasol, completed her costume. Mrs Lincoln examined the portrait with c ose attention,said it was the best she hud seen, but remarked that it gave Mr. Lincoln a graver expression than he usually wore. The artist explained that he had frequently observed, at least tie thought he had, that very expression on Mr Lincoln as he had sat beiore him. After another study of the picture, Mrs. Lincoln now thanked the artist for liavng delayed his de parture in order to afford iter an opportunity to examine the portrait, and with a general and graceful obesisauee to tiie company present she quickly walked away, followed by her two chubby, rosy-faced, bright-eyed boys, Bill.aged about eleven,and Tom, otherwi>e called "Tats," or " Tatsey," aged about five years. Bob,the " Prince of Rails," is decorously pursuing his studies at Harvard University. This is ail of the Lincoln family—the President elect, his lady, and their three boys. g*aS"One thing has happened in the election of President this year,which should set at rest all cavil. It is, that the States which elect the Preside!)!, do so by a clear majority for the successful man above all opposing candidates Polk, Taylor, Buchanan, and other Presidents were elected through divisions of opponents— slipping in by a plurality vote of States. Not PO with Lincoln. lie has 34 innj. of the Elec toral votes—in the States of Main New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, ! Ohio, Michigan, Indiana, Illinois, Wisconsin. lowa,and Minnesota—in each of which lie has an absolute majority over all the opposing can didates, nnd probably a plurality in New Jer>ey, Oregon and California, giving him 11 more Electoral votes —57 maj. iu ail. Another conclusive fact is, that in none of those 15 States were the majorities small, or secured by any suspicious of fraud. Polk's elec tion, and Buchanan's, were marred by proven allegations of cheating at the ballot-box suffi cient to render doubtful the fact of their real election by the People. But Lincoln's mnjori ties are like himself-—clear, above-board, mag nificent, decided, aud uudoubted. A FATAL accident occured at Danville on last Monday week by the explosion of a boiler in the Montour Rolling Mill. Joseph Read ing was killed instantly, arid ten of the other hands badly hurt by scalding and bruises Henry Doyle lutd an iron bolt driven through his leg. A large portion of the mill was torn away, and the boiler was blown with immense force into the canal, and tore the rudder from a boat that was lying there. THE Albany Argus solemly enquires ; " Do the Republicans coutrol the wheat and corn crop ?" Shouldn't wonder. They control pretty much everything nowdays.— Buff. Com. Adv. LOCAL AND GENERAL. COURT PROCEEDINGS. —The December Term and Session of the Courts commenced on Monday, Dec. 2, 1860, before Ron. DAVID WILMOT President, and Hon- JOHN PASSMORK and JOHN F. LONG, Associates. At the opening of the Court Monday morning. Dec. 3. the commissions of E. O. GOODRICH, as Pfothnnotary, Ac, were read. The entire day was occupied with the usual preliminary business—hearing motions, receiving con stables' returns, Ac. Tire Grand Jury being called, the following persons answered to their names and were sworn, to wit: BEN.) S. RCSSELL. Foreman, Alfred Ackley, John Bartlett, Lo ren Bradford, D. D. Black, Calvin M. Brown. Saml. B. Chaffee. Enos Califf. John Davis, Charles Floyd, Francis Hornet, S. D- Hirkness, Milton lohnson, CUaries Kellog, Gideon Mace, Thomas Manly, Jesse B. .M K. au, Morris J. Smith, Thomas Taylor, J. R. VanXess. The Grand Jury were discharged on Wednesday, hav ing transacted the following business. TRUE BILLS. Alphens Peters—Assault and battery. Dennis Manahan —Larceny. Sylvester C. Hickman—Burglary, Ac. Peter Collins—Assault and battery. Silas J. Fritcher—Burglary. • Harvey B. Ingham—Assault and battery. James Hollis Lent—Fornication and bastardy. Decatur Coffin—Larceny. lioswell Luther—Assault and battery. Lewis Johnson—Assault and battery. Seth U. Briggs—Murder. NOT A TRCK BIIL. Theron Hay ward— Assault and battery. Prosecutor G. H. Gorsline for costs. In the matter of the application of Preceptor Forbes, and others, to be incorporated a borough, by the title of Rome borough, the Grand Jury report favorably. The Grand Jury make a presentment in relation to the publiw buildings. Iu the matter of the petition for a view in West Bur lington township, for a bridge across Sugar Creek, the Court appoint as viewers, Charles Knapp, Jacob Manley. Henry Pultz, Frederick Whitehead, S. H. Morlej and M. J. Long as viewers. The report of the viewers being fa vorable, the Grand Jury recommended the building of said bridge, and an order is issued for the saxe. Upon petition, a tavern license was granted to Powell, Smith and Beeman, for the unexpired term of C. B. Sweazy's license. Upon petition, Samuel Walbridge's tavern license was transferred to Thomas U. Jordan, and the tavern license of H. A. Phelps to Klisiia Satterlee. Com vs. Patrick Burke. —Surety of the Peace. Pro ceedings from Wm. Kendall E.-q., on complaiut of Pat rick M'Goughlin. After hearing, the Court adjudged that the defendant should enter into a recognizance iu the sum of f.300 to keep the peace, Ac. Com vs. Peter Collins. —Assault an J battery. Proceed ings from Wm. Kendall Esq. on complaint of Miss Fanny Elwell.—lndictment lound at present sessions. The evi dence showing that Peters had used Fanny rather rough ly, tue Jury found him guilty and the Court sentence him to pay a line of slj and costs, and stand committed Ac. Com. v. Peter Colli is —Assault and Battery.—Pro ceedings from Samuel Xorcork. Esq , PJ'tf. John Cnntiis ky. Indictment found at present sessions. The evidence showed that tlie parties had a quarrel in the course of which Collins thinking himself in danger of an assault, hit Curami.-ky over the head with a shovel, inflicting a serious wound. The Jury judging the parties were al ready a'out square, found the uefenda-t not guil y, and directed that each party pay half the Com. vs. Ilaivy li. Ingham. —Proceedings from Sep U-muer sessions. The District Attorney enters a nolle firoxeq 'i, by consent of Court for reasons tiled. Ce buried iu one grave," "He raisen his hand, and she saw the knite, and seized the caudle and run up to my room, aud said "•Seth is coming up to kill me." I went into the other room and lit a candle for her and me. Took sticks of wood t-om the wood box aud went to the head o. the stairs, and he was about half way up stairs. 1 said "go down—dou't be coming up here with a knife " He said " my wiie is eoming up there, and dead or alive. I am coming op." Then I ait him oa bt fwd- Sye I "Seth go down, don't be coming up here with a knife." He still came up, and I hit him <>n the head. He nay#. "my head is pretty d— d hard " I hit him again.—that was three times When I hit him the last tine, he staggered I back two or three steps down stair". His wife caught i me by the arm and say#, " don't kill him," and I stop ped. He then went down stairs, and fastened the door. Then I beard him walk along, 1 thought, into the other room. After be fastened the door he struck the ceiling three times with his list. Alter he went into the other room be came back again. I heard a M range noise like the gurgling of blood He walked trom the bed liack into the other room again, and I heard him gag as though he had cut his throat. I heard a noise, and down came the stove pipe, lie Went under the stairway and fired off some powder. Asked him what he was doing. He said. —•• I'll show you. I've got Mill another gun lor you, by and by." He came to the stairway door, and asked us to come diaru, and asked iiis wile to come down. She said ' 1 dare not, you will kill me Seth."— He swore and said something. ' Then I heard him ham mer the stove and swearing She said "1 must go to the 1 neighbors." 1 told her v> he careful. She pulled off her shoes and stockings and went down the stairs, outside ! the house She told me to draw his attention while she ; was going down. I then asked him if he had got any liquor down there. He said plenty, come down. 1 said you are too willing. He went back and walked around i the house, and soon I beard somebody at the d'Mir.— j Heard Mr. Moore hallo to hira to let him in. Heard 1 Briggs lay himself on Ihe lied, and heard him get up : again and gag—make a curious noise—thought lie threw himself upon tiie bed again. Heard iloaglan tell Moore to break the door in. Heard Moore stave the door in, I aid then 1 heard Briggs get up agiin on the floor. His wife then came up stairs where I was. Says ihe, "you ' go after a Justice." I went alter Kendall, and got aim i to come up. Kendall went in. and 1 came to the door.— ' I said, " Seth how could you kill that little boy?" Briggs said " God d—nyou. leave me." 1 went out and sat i down by the side of the house, and cried. It was my j child that was killed. He was 3 years old last Xoveni- I vember. My wife and Briggs' wife are sisters. When Briggs came down stairs, alter I drove him down, be said " I must have my tools closer together," and went out doors to get the axe. Cross-examined —We lived together in that house ' • I about two years. The child slept with them a good part ]off he time. Mr. Briggs was not at all times kind to the j child. When the child would do to suit him, he would • ihe kind to him Mr. Briggs ami I were not at all times f j on good terms. Sometimes when lie would abuse his | wife, I would interfere, and that would canae a hardness | lor a tiuie. Briggs called inru litlie Benny. : j Direct Returned. —After I heard Ihe gurgling noise I heard him tell Benny to lay up on the piilow and not curl . ! down so in the bed. 1 Mrs. Elizabeth C'ark MPorn.—l was the mother of Benjamin Clark that was killed. 1 went away on Monday ; • ' evening, the day lie lore this occurrence. Mrs. and Mr. . | Briggs helped ine into ihe wagon. Briggs said his wife ' | could take care ot Benjamin while I was gone to take ' care of my sister. The week before the 4th ot July he ' i came into my room ami said. " Lib alter the 4th nl July i Benny and i and Sarah will not be here long, iniml what j 1 tell vou." lie had a kind of a smile and his countenance looked ugly and malicious. He wanted I should have ' \ Benny's likeness taken, for il I didn't something would | happen that 1 wouldn't get it—that lie wouldn't live long. , ! This was a week or two lielbre the 4th ot July. Often he | had said to ine •• Lib. what would you say ii vou should get up some morning ami tiud them all dead." Hid not ; mention any particular one. . | Crass-Examined. — 1 told him that Benny would never j go with him, Benny would not leave ine tili death parted • i liim. Before the 4tli ol July, he answered we 11-ee wheth ' i er he will or not. When lie spoke about the likeness, " I i ' told him I was going to as soon as I could." When he j asked me aliout what 1 would think to get up ami find | ' them all ile-d he looked ugly a# if he could kill every one . |in the nouse. Noli- ed no difference in the look of hi- 1 ' i eyes. Benny had slept with Briggs and his wife, off and on, about a year. By "8 .tnd on, 1 menu most of the j ' time. I left two little girls with Biiggs ami ids wbe. when 1 went away, beside Benny. Sometimes he was - | cross and would whip the child. Had said lie wmild I i whip him to death but what lie would make him mind. j When we lived across the creek, Benny iived part ol the time with them and part of the time with us. lie didn't | choose to stay away w hen tie liked to go hack ami loitii. " Sometimes the child would cry to go with him and -onie : times would cry to stay with me, when lie wouldn't let I- it. He wouid speak harsh and cross, ami most of the t.nie was cross to the child. Never complained of my-, * whipping the child. This tnau would come ami take the child away, and we couldn't help it. 1 never had any difficulty with this man in my li e. When we lived ; across the cieek lived the biggest part of the iiiue w itli them. About two days in the week, when his aunt was I away from home, be would be with me. Sometimes he 1 would bring candy Ac. to Benny aityl the other children. ; 1 He bought Benny a ball. He never bought iiim anuli ! cle ol clothing except a straw hat width cost him a .-bil ! 'ink'- 'lhotnas J I Calkins, sir or n—l think in June, just lie- i 1 fore having. Mr Briggs and I went to Columbia On our 1 i way home there appeared there was a d tiiculty between j Briggs, his wise and a gentleman. He said if lie ever , ratelled Batterson or any other man with his wile he | would put an end to it. He lieiug a man and away Iran home so much iie couldn't watch these things, and he | thought there was u law tor it. Told him when he ; lon ml tilings so to pack up his tilings and leave. Again ! coming inuu South Creek we had pretty much the same ! cotiveisation over. That was about the lir-t day ot July. ' lie lold me fkiltersou hud been there and things did not appear light and be had driven inm away. CKSSS- Examination Won't 1 mar where Batterson is. Think he lived about 2j imh s south of Troy. Have not seen him recently, lien t know where Mrs. Briggs is ! Is gone from Troy, hhe ie;t within a week certain.— j Mrs. Briggs and Batterson both went off tlie same day. Dr. CV. Date, sworn —On the morning of July 24, slsnit 4 o'clock 1 was called by Mr. Iloaglaml. Went to j the house designated by Iloaglaml. Found Briggs silting Jon a lounge. Briggs said he'd done it. My attention | was called to him. anil 1 exiniincd him and lound Ins j throat was cut. it had l*-en done by several slight gasli : e.s None ol them were deep. None ot the larger ves ; I scls had lieen cut. The wind pipe was slightly cut. The | blood was guigling. He said he killed the child be-aust , j he didu't wish to leave it behind to be abused. All the ! larger vessels ol tiie child were cut. Neck cut clear to i the vertebrae. Asked him why he had done this act.— I Said Batterson iiad been there that night ami the conduct | of hisyvite with him among other things was tiie cause ! of it. t .Said he intruded to kill luuiseti and Batterson j and his wile. Cn.s—Examination. —After some little time I sewed 1 up Briggs' net k. > sewed up from 2to 4 inches. Hid j not consider tiie wounds dangerous. Tniuk Moore was j in the room. About lia.l an hour alter 1 got there when \ j I sewed up the wound. * j Asa R. Moore, sworn.— On that morning 1 was awa- j i ketied by Mrs. Briggs, not lar lr. in 4 o'clock. She came | jmito my stoop ami rapped at my lied room window.— ; Quanted 1 should git up and go over. 1 did so. Went j jto the door and wrapped, where Briggs lived. Briggs' j said 1 couldn't come in. Then called Inm by name and 1 ! told hint to open the door and let me in, lie then called ine by name and said 1 couldn't come in. 1 then asked him again to let me in. He said I couldn't ewe in—l might go round and come down through Clark's room.— j . Said I didn't want to take that trouble, to open the door. j and not he afraid ol his Iriend*. Was 1 selling at the key-hole to see what lie was doing. Think 1 heard him j about that tiuie get iut" bed. 1 again asked lor admit tance and understood him to reply Benny ia abed and so he I. Then I said get up and let rne in. He made a strange noise and coughed. Think he said kick the door ; down and I did so. Went immediately to the lied and • found the child laying there, oil the front side ot the bed, , with his throat cut. and he lav iug on the bai k side ol the ; bed with lus throat cut. Asked him w hat he'd been about and he replied he'd dune it and it would soou be . ' over. He tore and swore considerably. Asked him what i he had killed that child for. lie made the remark that ; his wife had liee i out that night. Said he had never been used to such conduct and would not keep a whore- j house. Asked him if he was ui.nl at her why he should • i kill the child. He replied that lie meant to die and was j going to take the child with hnn. Started to go to llie door to tell the man to get some of the neighbors to c one ' and assi-t me. Got near the door and heard a noise and ; , looked around and -aw Briggs getting off*the bed. Step- > ped back and he laid got nil and walked kiud a quarter- ! iug. The axe laid on the tloor. Let him walk aloug and i lie tnade grab for something, and picked it up. As he , [ did so 1 grabbed biiu He insisted on my letting go ol I him, so that he cuuid make a finish of it. Wanted to j : slash. He then said that if he could have killed Hut \ , damned bitch, and 1 think he mentioned Clark's name, : ! j he would have iiecif satisfied. Mr. lioagtaud came to the j I door as 1 was holding him. 1 requested bun to come iu ' and take the kuiie. My son came ill aud took hold ot ' his hand aud he gave it up. It was a razor, fshould . | think this is the razor. (Kazor exhibited to witness), i j made him set down on the louuge Was undressed Made him dress. The chi.d was dead. Was blood upon . I the axe helve-appeared as it used with bloody. hands. The evidence for the prosecution was closed Friday morning, when Mr. Klwell, opened the case tor the de , has lived at my house aud owued a larui adjoining uiiue. He is aged about 3s years. He was sick at Uan i aiidaigua, about IS years ago :up to that time had never discovered any symptoms of derangement, was sick with a fever aoout 27 days. After the lever left him he par tially recovered, and was taken with a relapse, when ta ken lie was out ot uis head, he was so about eight days. I During the time he had the-lever he was very sick, but | ! got so lie could walk about the room beiore 1 came. About 1 7 years ago he was st work lor me. I was build.ng a brick i house, he was tending mason. Due morning tile masons ! seut tor brick aud he brought a hod of mortar, sent liiui i hack aud toid him we wanted some brick tor the front , and he went hack aud got soma common brick, the ma son spoke to me. uud I came upon the b ilding, and the I mason asked why Seth would not get such brick aa lie - wanted. 1 told him to get some aud he went and got i j them ; after he came back lie went and sat upou the wall, } I aud 1 was about the building when 1 saw Seth sitting I' with his head down, asked him it he w as sick and he said something ailed his head ; toid hnu he had better go to the house ; seemed to be wild and Highly, his eyes looked i wontar*) £t two ether time? saw him wfceu out of hit head. Once 4 or 5 yearn ago, came to my hon*, . wanted one of my horse* to ride up to a little vill mile* distant. 1 lei him take the home and he •25® * to get a pair of boots. Wbn he came back, my win?' to me, Beth act# wild. I went in and saw that he i strangely, aud seemed disturbed at Bo He* about the told iny wife I would #o<>n come In and see al>m soon went in and said, "Seth what i* the matter ?" sL 1 he had a terrible headache. I told him to- have a tea and lie down ; said he didu't want any tea and thiulLc' he wouldn't lie down ; alter a little jiersuasion he'"* 1 " and lay down ; every once iu a while he would ri , " B, and look around the room as if afraid of aomethi would not speak miles# I spoke to him. The same iiig my wife and myself staid with him until abm??,' o'clock, before we left him. In iny judgment he rational. I asked him some questions next morninc a * 1 he knew nothing of what occurred the niifht befo About 5 or 6 years he helped me in harvesting him with the other hands I had to work for me • T" was not long before he ci me hack, complaining u 1 head felt tisd. After he had been at the how* a ft® i meats I told him he had better lie down, and I wnnia 8 *" I lip to the lot He acted as il be bad great dint**!! the head. W hen I came btck I aaw that he acted strangely, the same way he bad previously. Thj*.of!J I I isted hiin most of the day. He went and lay d„ n | slept and when he got np'said his head felt better si"? j had been living in Illinois, Ohio, and Ontario t',i Vv ! Lived in Niagara Co. some seven years in ail. W|,. n I" came from Illinois he had chill fever ; at Canand-" | called hi* fever of a typhoid form. When sick at tyi"*"* daigna he acted flighty and wild, at time* talked i eiably ; at other times did not talk much. At inter®> I while I was there he *ould lie rational. Did not ' any violence, nor did he seem while flighty to apprehiSJJ dauger from any quarter. Was wild talking smetim ' upon one subject and another. About 2 year* afteHvl left Csnandaguia he came to Lewistown. While sick Canaridaigua he complained very much of his head (?' , lived with me atmut 3or 4 weeks, exhibited no *j eil , derangement. 1 lived in Canaridaigua 3 years and back to Lewistown, our farms then joined. H e ;, ®T there 3 or 4 years. Huring that time 1 saw no of derangement. He sold his place snd moved east | He came Iwck to Lewiston again about 7 years ag> * him occasionally during the interval. He r.-ii*j * about 4 years at Lewistown. The attack when tend meson continued most of the day. In tioue of his attack-' did he sbow any signs. of violence. ** Richard Barton swnt n. — Beside in Niagara Co V v Am acquainted with the defendant. In l*r>;, f ,, lw Vj" at my house in the tow n of Cambria ; he had l*en talk | iug of working tor me, to take care of an entire horst I had. 1 let him go and see what he could do with # cious horse I had. By his conduct with the horse Idi ! covered there was something wrong. 1 judged so bv h I | recklessness iu handling the horse. He went around I | handled the liore carelessly. I pqq h im Uj j ™ I i horse ;he was either crazy or somethiug else. He cat I ; hack to my house with his brother's horse and hi i I 1 nt-arance was so bad I put up his b'-r-e. a(l( 'j ,? F I let him have it. He appeared very wild He wa, ridinv I to aud tro around the streets in an excited manner I I kept the hor-e about three or four hours, when he cam to 'tot and said he was going home it I would Wt Inm J hi* horse, and I dbi so Live about 21 4 from ! Briggs' brother. M hen lie caine to hire I n tired hi* ' conversation was very quick. Did not show that he bd ' ; been drinking ;at that time I kept a public house I i hail seen hiui lielore he came to my house. 1 have seen him drink ; have seen him under the influence of liquor He then appeared to be excitable. Said when he wan at my house lie had come from TouawamJa. Daniel Daymarsk virion—l reside in Lewiston \j. i agar.i county. Am aqu tinted with the defendant. Tiw f only time 1 ever -aw any signs of derangement woa | tiie occiisioii at harvesting, spoken of. We lelt M r I Bi igg-' house in the morning to g„ to t i, e He |j t „ wo ' rk j i and when SUli ilriggs was with us vrc commenced Uikim about the cradling the day licfore. He picked lip his cr*. I die ami cradled about 10 rods and said heconldit't work I didn't tec 1 well ; we tried to encourage him to keep uQ I work, but he wouldn't. He started off and wen: awav B a piece, aud then turned armnu and came Imck. When ■ he came buck, we Hied to get him to work again but IK I ! lelt and went iu the diiertin.i of the h .use. He com- I plained ot a headache ;he liaj B w j(q tierce l.eik an if I excited. He did not woik trat day nor the next; tho't I he was insane al tiie time. Have known him alsiut 1# I vcais : -aw him often ; have never seen him exhibit im- I i.ar symptoms ; had not been drinking, Mo tin Cast e strom I reside at Lewiston, Niagara 1 county. Am acquainted with the defendant. Iw.mt 1 work with him in the harvest held. W'e saw by hi* look* 1 that he was not right, deranged some. He bad a wii4, 1 sirirp, fieri e 1 ok in his eyes. He complained of lm E head. When he started off he talked to himself, it w* I a sui.ject or remark that he was not right. I have seen | him at. tlier times when 1 thought he was deranged. It I was iH-hue tins occurrence at tai.iindaigu# J worked I with him at the brewery. He acted strangely and was § i discharged on that account. 1 did not know ot hi# E drink.ug at the breweiy. II hid access to liquor. Reuben Cast worn —1 was in company with Mr I Briggs at Mr. Adams the day before the child was killed | ! was at work itli him in the afternoon, lie Complained I towards evening of a headache. We were cutting bar- I icy. 1 ditiu t th.nk his appearance was as usual ; thru E appeared to be something wrong with his mind. Ha 1 conduct was reckh-s. I hud my machine, and was mo*. I iug. 1 could not ride on the machine and Briggs said h 1 would drive. 1 charged liiui to drive slowly There sets ■ occasionally a hickory shrub, ami I was alr.iid he would I come in contact. He drove half the way around, and I I toid iiim when he came nround lie was driving too fast— ■ he promised iie would drive slower. I et hint go around I again, and he drove the sauir way ; the third time around I lie drove the same wav. an I I stopped him and wouldn't I iet liim drive. I seut Briggs to my house after the reap- ™ cr, with Adams' horsl> and wagon. When reaping he 9 wanted a fork, and Briggs climbed a cherry tree ami cut |g him a lork on of the top of the tree. 1 thought him n reckless in climbing to tiie top of the tree. Mr. Adimvl remonstrated agoiu-t climbing the tree. He complained I very mm ii about his head, had a terrible pain over hiiß eyes. His eyes looked wild and fiery, and glassy ; thev H ; u d not look natural. My judgment was that he had been I drinking. I did not -ay to Win. Burger that the after I noon we were at work together I saw nothing wrong ia | Biigga. Dr. Albright Dunham strom. —f am a practicing phy sician and surgeon ; have been for five years. 1 * Briggs liie fiay lie was brought to jail 1 made an exam ination of the wound upoa his neck,at the time be *a brought to jail, before he wa seen by Dr. Ladd. Tt.' wound was closed by sutures. Its length was about four inches. The incision was made just below what u called Adams' apple, in the larynx ; there was an in i'Ui in the larynx about half au inch in length, in l>re:i itig air was lor. Ed out. The incision was probably that quarters of an inch in depth. There was the appwruce ot two different incisions'. 1 dressed the wound littt day for two or three weeks. Dr. C. K. Ladd sworn I called to see the prisoner either the same afternoon he was lodged in jail "r tnr I next morning. His throat had a gash uponitJJort jf inches in length, across the upper portion of the t L mat - I saw him the next day. The wound was sewn up when ~ 1 first saw it. The wound extended into the larynx. A L cut lower down or upon one side would be more likely tu | be fatal. The arteries would be more exposed ou the I side of the ueck. S. II Fitch swim.—At the time the boy was sick I I asked Mrs. Clark why #he didn't bring the boy home I At that time she and Mr. Clark both spoke of ltriggj I tinnkiug so much of the child, and that was the reason I they let him stay there. This conversation was sonif I time last V\ luter when they were living in my house ao4 I at the house. 'J has. M IVooiiruff sworn. —l was Sheriff when Brigfi | was committed to j lib 1 saw his throat every day or two | until it got well. He did not eat anything the two or I three first days alter he cam*. He drank milk and w- 1 ter. The wound iu his throat became very ofieuire I when suppuration commenced. COMMONWEALTH KEHCTTWG. James B- Adams affirmed Briggs was at work for tiw I the 23d. He came to my house about !> o'clock in th I morning and got to work about NJ o'clock. After be I came he went and borrowed a cradle of a neighbor, to do some cradling. He went to the field at 8 1-2, myself *• companying. I remained about an hour, lweutte* lower lot where Mr. Case was mowing with a machine and remained there until noon. About 13 o'clock Mr- I Bi iggs came down to the house, and informed me that I owing to the lodged condition ot the tiarley he couida' I m ike a gooil jolt of it. and advised me to have it done by I Mr. Case with his reaper. He went home to his dinner. ■ He ca ~e hack according ta my recollection about 2I * I o'clock and mid • the rem irk that he wouldn't m >ke uj I charge for whit he m ght d that afternoon. H-cmw | to the field where we were cutting grass. The pri"iief I made the remark that Mr. Case was not experienced M a niachii e,atid I e Ihongl t! • could do 1 etier with it |-i suggested lie would drive the horse*. He furl her sri I the giass requirtd a quick motion of the machine. i go upoii the mat hiue and went tlm>e times around, upci I the last round breaking the machine, owrng to the rou?b- I ness of the ground. Mr. Case rein'iustrated about his g 1 " I ing so fast, and on tin last round took it out of his hands- ■ The cutting of the barley was suggested by Brigg* # ■ Case acceded tti it. Not having the reaper with the nit- E chine Briggs was sent with niy horse ami wagon for f-" I He came back with it, and brought it into the field. p then stated to me that it was nc-essarv t*> aave wed" l | fork to throw the Uailey off the platform. I told hi* ij 1 had none, and asked him if he couldn't borrow one ,' _ I He said he could make one himself. I questioned hi' H ability but be said he could. He commenced examia'M H souie of the small trees around, and I suggested to h'™ , to go to a large cherry tree, which was partially dead- | He took my hand-saw and climlied up the tree. I he had got up the tree I was fearful of his failing. | considered that he was intoxicated. I called hnn don | (Hremptorily to avoid an accident. He stated 1 nee* ■ give myself no fears on that account, he was able to Us* ■ care ol himself, lie got preltv well up the tree an' l vu ■ a fork, hut it did not please "him. and he concluded* ■ would look at out for another. With mv assistance * H found one on the east side of the tree which he cut 0 ■ I and came down the tree and brought the saw with hi I lie then trimmed up the fork. By this time Mr. •> was nearly through cutting the grass, and we ■ the machine into the barley-field Mr. Briggs, when machine first started wis tlipiwing the barley op- 1 _ | g was lute in the afternoon—probably about 6 o etc _ There was proluibly from 3to 6 rounds cut. and oft* . ■ threw the sheaves off with his fork. We all then ■ to the barn, it being alsiut 7 o'clock. Mr. Ed Mr. Case iu putting his horses away and taking I of tbem. I theu aeked Mr. Case ud Mr. * .