Hhreo blows given, rhay well be doubted. ,
This doubt should incline tho 'mind to llio
conclusion most favorable' to '(he prisoner,
particularly in a capital case. That con.
elusion is that there Wife -but one blow giv-
' On this point wo have thus given tho
opinion of tho -court, but it is a question of
fact, and the jury will judge of it for them
selves. Were there any circumstances which ex
tenuate this sudden act tf destruction into
voluntary manslaughter? To extenuate
a 'homicide from' ''murder to manslaughter
both provocation and passion must exist.
Provocation without passion will nbt ex
tenuate the offence nor will passion with
out provocation. This provocation must
bo such as is deemed in law sufficient to
deprive the .party or deliberation. JNo
words, however insulting, no trespass .to
lands or goods, are held sufficient; but as
sault upon the person, or blows, are doom
ed 6ufficieift to oxoitQ the 'passions to such
an extent as to deprive the mind, for tho
moment, of the power to deliberate. What
vas tho provocation here! Tho prisoner,
on his return from his day's employment,
called at the tavern of Wm, Sprou'l, in
company with his daughter, in the evening.
Hearing the deceased makings loud noiso
in the bar-room, the father and daughter re
tired to the kitchen for the purpose of a--oiding
any contact with him, and tho chil
dren fastened the kitchen door to revqnt
the intrusion of the deceased, who neverthe
less came to the window and door deman
ding admittance, and, according to one wit
ness, making threats and saying he would
"be in dead or alive." He therefore for
ced open the door, bursting out tho steeple
which held it fast. The prisoner who was
seated by the fire warming himself exten
ded his hand to the deceased in a friendly
manner asked him how he did? Without
taking any notice of this courtesy, the de
ceased, wtthoul the slightest provocation,
seized the prisoner by the hair, and, accor
ding to one witness, with one hand by the
hair and with the other by the throat, drew
him violently back over the chair, The
daughter struck the deceased, in defence of
father, and the prisoner immediately grab
bed for something and seizing the axe which
lay in tho chimney corner, where it had
been used in preparingkiudling, suddenly
.gave the deceased the fatal blow upon the
head which caused his death. Whether
the. circumstances which occurred before
the fatal blow, were sufficient to deprive tho
mind of deliberation, is a question of law,
and the court are of opinion that the pro
vocation was sufficient to produce, in ordi
nary minds, such a degree of passion as to
prevent deliberation. Whether this degree
of passion was in fact produced is a ques
tion for the jury. If they should bslieve
that it was, and that the act was done upon
a sudden heat occasioned by the provoca
tion received, and without deliberation,
then the offence is extenuated from murder
in the first degree to voluntary manslaugh
ter. If the intention to kill existed, which
we think may fairly bo inferred from the
deadly weapon used as well as the manner
of using'it. and the jury should be of opin
ion that the act was deliberately perpetra
ted, then tho prisoner is, under the evi
dence in the cause, guilty of murder of the
Jirst degree.
In -conclusion; upon the whole evidence,
the court are of opinion, thatit is not a case
of " involuntary manslaughter1 because of
a manliest intention to Kill, as indicated by
the use of a deadly weapon. That it is not
a case ol "murder m the second degree
for tho same reason, the presence of an in
tention to kill. That is not 'murder of the
first degree1 because, although tho act was
"uiUfd" and "premeditated," yd it was
not 'deliberately"perpctratctl, by reason of
the passion produced by suthcient provoca
tion from the deceased, depriving the pris
oner, for the moment, of the power to de
liberate. And that the prisoner is guiltyof
'voluntary manslaughter by reason ot the
existence of an intention to kill, suddenly
executed, wuhout justification or excuse, in
a passion, occasioned by provocation from
the deceased.
Wo have felt it our duty in this case, to
give -our opinion of the facts and the law.
The court aro unanimous in the opinion de
livered, yet the jury will bear in mind, what
has been before said, that they are to be the
judges of the law arid tho facts in a criminal
ease, and that it is peculiarly their province
-and their duty to deeide for themselves all
questions o(j"act which arise in the cause.
We have uow discharged all the duties
vhich the laws of the country at present
impose upon us. It is for you, gentlemen
of the jury, to decide upon the guilt or in
nocence of the prisoner. His life is in
3-our'hands.
ELLIS LEWIS,
President Judge.
yAlitouff ITEMS OPJTBWS.
Spked TliETLODtm. -In the Legislature
of
uiussuciiuauus, ino committee on agri-
T . .w..i.,nm;U uu agri
culture ha'C tennrtni ti liil Tn d,n iri?.
to entomagc tho production of wheat in that
Commonwealth. It grunts
bounty of
two dollars 'to every person who shall raise
imuuii iiusiicis 01 wen cicauen wheat, and
five cents n luisbnl
fifteen bushels; and to the person who shall
ijisu mu greatest quantity ol "wheat oti tine
farm, (not less than five hundcrd bushels!
1 1 1 I III -r -. . .
uuu iiuuurcu uoiiiars. in Maine, and other
crfslcrn Slates, wo belief o thbyhavc a n6ai
lv similar enactment. Tim ci.m ,.ri,.,..
'ties seems to work much good; it encoura-
;o many to .engage in agnculturo, who
dhcfw'isc. Ifierhaiis. wnnhl nnt Tn .-..-l,
ast coitntrv as ou'fs." fast Vnrfensi nrr in nnn.
ulalion,husbant!ry ou&'ht'f o "Bo-thfe principal
occupation of at least two thirds of the' male
inhabitants. But if tiade and commerce of
fer greater Opportunities of acnuirincr wealth
and property, a largo number of people
win inrcci ineir aiicntion to ihem, and the
result will bo in a measure the same as that
wnicii has loiiowcd the abstraction of men
from afmenlliirn nnrMiif fnr ilmlndi
three years, viz: pressure, overtrading, and
provision at enormous prices. Bounties
promote, too, the science of agriculture, lead
lu.twwj hi iiiuu tut uit; uiiouh ui i:uruun
effects, the nature nf v.nrinns snils. Vin rr.
pcrties of diffeient mannres, and tho mode
of producingjthe greatest quantity on the
smallest spaco anil at the chepest rate.
Bounty oV Baulky and Rvn In the
Maine Legislature, last week, the Commit
tee on Agriculture were directed to consider
and report on the expediency of allowing
a Bounty on oaricy and rye. allowing' one
dollar for the first twenty bushels, and three
cents for each aditional bushel, not excee
ding one hundred.
A Case Important to Mechanics. In
a case which was tried yesterday in tile
Common Pleas. Judge Ulshocffer presiding
it was decided to be law that a mechanic"
employed by a person to make up material
into articles, can retain possession of the
whole tintlll he is paid for his labour. The
case was an action brought by llobert (V
Riley, recover 8208. Of this sum, 0140
was not disputed by the defendants; and
after it became due they employed the plan
tiff to make up '22 coats, Tor which he was
to receive SG8. Before returning the coats
the plaintiff brought this action for tho uni
ted sums. The defendants demurred to
paying for making tho coats before they
were returned to them, but tho court stated
tho law to bo in favor of the pliiintiiT, and
the jury found accordingly. JV. Y. Sun.
British Stataslict of Ardent Spirits.
From a Parliamentary document it ap
pears that duty was paid on proof spirits as
follows:
England. Ireland. Scotland.
Poputation, 13,897,18 7',7C7.-t0t 2,305,110
Gallons 13,331,238 12,293,405 G,737,715
From which it appears that the quantity
of spirits consumed in England is seven
pints and one ninth per head, on the pop
ulation; in Scotland twenty-three pints per
head, and in Ireland rather more than thir
teen pints per head per annum.
These statistics arc rattier extraordinary;
and ate calcnlpled to upset established no
tions respecting the superior temperance
and sobriety of the Scotch. It appears
from this that Sawney .drinks nearly twice
as much fiery poison as Paddy, and more
than twice as much as Johnny Bull. What
enormous quantities some of the Caledoni
an topers must drink, when twenty-three
pints are allowed in this statement for eve
ry man, woman and child in the country!
Or do they all drink it?
The navy. The following aro the gen
eral items of tho bill reported by Mr. Cam
bridge, from the ways and means:
For pay, substance, repairs, &c, of tho
navy. $3,401,770
For improvements and repairs of
navy yards, 3G0.500
For ordnance, fcc. 518,000
For the marine, corps, 311 ,171
For hospitals, 84,100
For tho sea wall, Ellis's Island, and
the magazine at Norfolk 4,550
Total,
94,773,304
SMALL BILLS IN NEW YORK.
The New York Commercial says "
We have received a report of the bank
commissioners, stating the amount of bills
of the Banks of this state of a less denomi
nation than five dollars yet in circulation.
These amount to 8350,125, of which 3143,
831 are ones, 85,007 are twos, 9110,014
a'rs threes, and 8 1,083 are fours.
The ExpLoniNo Expedition. Ii is said
that Captain Grogory is to assume the com.
mandof the Exploring Squadron. It is
likewise reported that the squadron is to
consis't'of'the sloops of war Vinccnnes and
Peacock, the store ship Relief and the
schooner Active. The frigate is not to go,
and neither the two brigs nor theschr. Pi
oneer are to be attached on tho expedition.
Bank Commissioners in Massachu
setts. A bill establishing a Board of
Bank Commissioners passed the Senato of
Massachusetts on Wednesday last, with but
one dissenting voice.
Nsw-Yonir, Jan. tt.
From, the Frontier.! 'Vim latest news
from Bnffalo is to the 22d. The Islanders
are still prowling nboutt socking convey
ance up tlieLake. Seotrhasfthe.steamcs,
N. Englaild'aml Barcelona, in the service,
armed and manned. On the 20th, Colonel
Worth left Buffalo, in the Fulton, with 250
U. States recruits, havinir received orders
from Scott to prevent any armed parties
Irom landing in Canada.
Two days after, Major Young, with
nearly 300 men, left Buffalo, in the New
England, to assist tho Fulton. A perfect
understanding exists between 'Gen. 'Scott
and Colonel Hughes, the British Comman
dant, in relation to tho measures to 'be 'taken
to keep the people on both sides quiet, "it
was supposed that tho 'patriots' near De
troit dispersed.
Cincinnati, Jan. 23.
Tho Grand Jury for the Court of Com
mon Pleas for Hamilton county, at their
sitting last week, found a bill "against the
Captain and Engineer of the Steamboat
Home, for manslaughter, caused by the col
lapsing of tho flue of that boat, a short time
since, while at the city wharf.
The trial occupied the time of tho Court
all day yesterday, and was concluded in
the evening. After tho examination of a
largo number of witnesses, and a charge
from the President Judge in favor of the ac-
p.llsnrl. the filllnppt V'ia primmittrvl In iUn
jury who retntned a verdict of not guilty,
without leaving the box. Whig.
The Colonization cause is going on pros
perously in Mississippi and Louisiana, not
withstanding tho depressed condition of
pecuniary matters. Mlio Rev. Mr. Find
ley, general agent of tho Society, writers
from New Orleans that another vessel with
emigrants will be despatched for Africa in
March.
Capital Trial. On last Tuesday a week
came on in the Court of Oyer and Termi
ner of Lancaster county, the trial of Henry
Smith a molatto for the murder of Ben
jamin Peart, a respectable farmer, who re
sided in the immediate vicinity of Columbi
a. On Wednesday Inst, the case was
subinitcd to the jury ,who retired about 3
oclock in the afternoon, and about 0 o'
clock came into court with a verdict .of
"Guilty of Murder in the First Degree.1'
Comjmma, Pa. Jan.27r
RESUSCITATION.
The son of our respected townsman, Mr.
John Arms, a lad about nine years of age,
whilst playing along the wharves on the af
ternoon or Tuesday last, fell into the Sus
quehanna, and was carried along by the
force of the current for a considerable dis
tance before he was discovered by a person
able to render assistance, and when seen &
taken out was completely black in the face,
and full, having the appcaranco "tn all in
tents and purposes" of an individu.il who
had been drownded. We learn, however
that after he had been stripped of his outer
garments, every effort was made to rcsus
citale tho apparently inanimate body, by
roiling u in warm uianKels, rulibmg it with
brandv, &c. and that after havinir nnreevn.
ird in this measure for about half an hour,
to the great relief of the distressed parents
& the gratification of the many bystanders,
oviuencesoi returning vitality appeared.
In an hour from the time that the accident
occurred, the child was completely resto
red. The Cincinnati Rennblicnn'snvs. tWnn
Wednesday the 18th tilt. Lower Market of
dial city was attended by upwards of three
hundred country wagons with every varie
ty of produco, and that it is fair to presume,
mai mere wero not less than one thousand
people from the surrounding country who
attended this cavalcado. An old bachelor
resident remarked that ho had never before
seen so many rosy-checks Buckeye lasses.
The number of hogs slaughtered the
present season at Cincinnati, is estimated
at two hundred thousand, which exceed by
forty thousand, the number dining any pro
vions year.
Flour at Dayton on 10th, was selling at
S5 and 5 25. The canal was still open
to Cincinnati. American Sentinel.
THE SURVIVORS
The National Gazette says: "We late
ly stated that James Ross and Albort Cal
latin were the only survivors of the sixtv-
three members of tho State Convention of
1790. In this we wero in error, us Jona
than Shoemaker a delegate from Montgome
ry county, was then living. This venera
ble man died on l!io 28th ult., in his eighty-
lourui year, ai ine House ot his son, Isaac
Shoemaker, nnai Baltimore, He was a na
tive of this State, and a member of the So
ciety of Friends." Pennsylvanian.
k gang of counterfeiters have been bro
ken up in Michigan. They hud three de
positaries, containing in all about twelve
thousand dollars in spurious notes.
The resolutions in favor of the annexa
of Texas to the Union, which wo have
heretofore noticed as having passed the
lower houso of the Legislature of Tennes
see, have, we now learn, passed tho Sen
ale of that State unanimously.
Flour at Pittsburg on-Wednesday last,
05 and $5,25.
TUB COLUMBIA DEM0CHAT.
lly Ingram & Mills.
"riiurii without rr.Aii "
SaEffiSI31if7IB 8
S.lTVttlh1V, FEIIKIMJIV 10, 18.18.
ECT 'JTo .Printer..
1 he Editors linving issued proposals for tlio pub
lication of a newspaper (it anothor place, they now
olfcr for sale the prinliiijr materials and subscrip
tion list of
" THE COLUMBIA DEMOCRAT."
To a younc; man with a limited capital this ofiico
oilers coiifiilcrnblo inducements, it having upwards
of five hundred subscribers, mid mi advertising !Ud
jo! custom worth from 800 to SlflfOO per nimuiii.
The original cost 'of ths cstaUisihuiciit will be all
tbat wc shall reouiro from tho nurchaser. Am- in-
(juiriea by mail will lie strictly attended to.
"Tho Co lum in. v Uemocti.it" is published at
Uloomsburff, in the most central part of Columbia
county, and nets with tho dominant party both in
political anil Actional feelings.
Addi'css,
INniUM & MILLS,
Bloomsburs, Feb. 10, 1838.
TO" OUR CUSTOMERS?
Thosa -indebted to this establishment for subscrip
tions, jobs, or advcilisciiicnls, are requested to mako
immediate payment, ns in n hhort time out books
will bo placed in tho bands of a magistmtc to enforce
collection. Those who do not pay wiliiu the year
will be charged $- CO in conformity with our terms
of publication. Vc hope that all may see the ne
cessity of complying with this notice, ns wo must
pursue this cour&o in order 'to comply with our pay
able engagements.
JOHN & IXGItAM,
FHAKKLIX S. MILLS.
February 10,1335.
ECpWo shall in a short lime transmit
our dills to delinquent customers, and from
the necessity of the case, we hope none
may delay in forwarding the amounts re
spectively due for subscription or advertise
ments. Those subscribers who do not pay
within the year will be charged the EXTRA
FIFTY CENTS, in accordance with our
terms of publication. A speedy collection
may be anticipated, for we shall place our
books in the hands of a magistrate for that
purpose, immediately after our labors shall
close as Editors of this paper, which will
be in a few weeks-.
Our readers are referred to the advertise
ment in another column of Charles and Wil
liam Kahler, of this place. If genius, com
mendable industry and cnterprize, and a
desire to promote scienco und the common
welfare of the public deserve patronage,
then tho public and the tiudc especially,
will ceitainly do justice to the Messrs Kah
lera, and of course they will reap the reward
due their exertions, in adding to the scienti
fic disclosures of a system of mechanism
tliet must save much cloth, abolish all batch
ing, and give renewed confidence to the op
erations of those upon whom we icly for
our outward decorations and comforts.
We know tho men have seen tho putent
and its original plans ; and really if mathe
matical deduction can fit tho human frame
with garments, they have a system which
must defy competition, cither in regard to
it3 simplicity or its correctness,
Id Wo would invite public attention
to the advertisement of Hacf.x Smith, Esq.
in another column of this number of our
paper. Mr. Smith is professionally an
Engineer, has been engaged upon the Cat
tawissa Rail Road in that capacity, and
ranks high in every branch to which he sets
claim either as a surveyor or topographer.
ICP We have recoived the third number
of the "United Slates Magazine and Dem
ocratic Jlevicw11 and we can only com
mend its contents as worthy the perusal of
every one, and particularly of advantage to
every member of 'the democratic party, who
avows and supports tho principles of JeiTer
sonian democracy .We always grasp at this
periodical, whether we want political, liter
ary, or scientific information, or whether in
search of that general intellicenco winch
any American would obtain froth the moit
approved sources.
1-SrJllbert G. Brodhcad, Esq. hal had
his nomination in Luzerne confirmed bv the
conferees as Senatorial delegate from that
district to the 5th of March convention.
icyDoct. Pctrikin, of Congress, & Mn
Hayhurst, of the Reform convention, will
please accept our thanks for their favois, in
transmitting public documents.
CP Since our determination to leavi
Bloomsburg has been made known, we ac
knowledge the receipt of several comply
mentary communications, eulogizing the
" Democrat" its neat 'execution, its va
rious and well selected contents, and its
fqarful espousal of correct principles. This
comes very timely, gentlemen: it certain
ly merits our kindly feelings for your un
deserved commendations; but notwithstan
ding your solicitations to remain, tmdcHlie
promise of increased exertions in our behalf,
vo must conform with our obligations tve
must remove to Pollsville. There, how
ever, Wc will not forget your amicable dis
positions, nor your needed patroaage while
residents of Columbia County. Wc shall
jtei'cr forgot our friends, and while conduct
ing a paper in another county of this Sena
torial district, wc shall occasionally kindle
the flame of friendship which may seem
partially expiring in the distance, and con
vince our present patrons that though wo
leave them wc shall ever feel grateful for
their exertions in our behalf. But candor
requires us to state the reason for issuing
the proposals published in another column.
Wo arc neither John Jacob Astor, nor fa
vored heirs of Stephen Girard. Our own
mental and bodily exertions arc our only
dependence, and tho long credit which
most of you seem to require, although com
porting with our wishes, was discovered to
be vitally injurious to our interests. This
cause, above all others, instigated the deter
mination to seek patronage in another quar
ter. Wo confess that yort have nolronized
us well ; but of tho 579 papers issued from
this office, the credits attached to respective
names appear like angels visits " few
and far botweoh." But we shall cease
grumbling. Tho mention of such facts
sometimes mends the ways of the faulty ;
and as wo may probably gel a purchaser of
this establishment, equally capable with our
selves to sustain its reputation, wc can only
wish him the present patronage, and a creat
or degree of liberal punctuality, so much
needed m tho commencement of a country
periodical. Wc can only hope for ourselves
that we may fare better With our contem
plated establishment ; if wc do not we shall
imagine that "tho hand-writing on the wall"
needs another Danipl to interpret its mean
ing, and better stuff than ourselves to sustain
its opprcssivo operations. This will sufiico
fur the present, as we intend writing a val
edictory when wo issue our 52d and con
cluding number.
THE LUMBERMAN'S BANK.
Wc noticed last week the excitement at
Warren, and the appointment of a commit
tee by a public meeting, to investigate tho
affairs of the institution. That committee,
in connection with the officers of the bank,
had hoi eloscd its operations on the 1st inst.;
but so far as they have pursued this inves
tigation, there arc expositions of fraud and
corruption thatshould forever close tho doors
of the Bank. Tho amount of specie in the'
vault is S50 11, in copper coin the am't.
given in the report of its officers last Nov'r.
was $05,370 42. The cashier has resigned
his office.
The committee, however), set ilown the
assets at 850,000 more than the liab'ilitics(
and in the "Warren Bulletin" of the 30th
ult. one George J. Chapel, who ptobably
has but few debtors, advertises that ho will
receive its notes in payment of debts due
hiin. Upon the whole, wc think the bank
"a gone case," and we very much doubt
whether the holders of its notes will receive
much value, unless to redeem their own pa
per. The assets aro doubtless made up of the
valueless mortgages alluded to last week, &
consequently aro niero paper statements,
without any foundation that will warrant a
particle of confidence either in the report of
tho committee or the solvency of the insti
tution. EC5" The operations on the Cailawissa
Rail Road have been closed. It has been
a sudden shock to numerous contractors,
and thrown hundreds of workmen out of
employment. This stoppago of the work
will materially affect our neighborhood; and
wo can only hope for a change a renewal
of operations, at tho next monthly estimate.
THE REFORM CONVENTION.
This body passed a resolution on tho first
instant, changing the time of adjournment
from the 3d to tho 22d instanti They had
progressed to the second reading of tho 4th
section of tho 0th article when last heard
from, and in all probability will adjourn in
accordance with their present rcsolutioni
Wo now have strong hopes.
Vi