TH \ ? _ ? ttru.U Vn. IQTt Volt T11|?H?I n aaww _ ~ PUBLISHED DAILY BY JAMBS OOROUH BEMKTf, No. *1 ANN STREET, TERMS OF ADVERTISING.?The extensive clroa| Mil on of the Mimic, both in town and country, make* n .uperior channel for advertiaera. poa tvelk Linn* oa lkk : a day, ?0 fiO I 4 davs, $1 15 j 7 days, VI 87 I lOdaya.ft U I * 0 76 6 Ito ? u S 0# 111 ,r 1 r " 1 00 I " 1 75 I 0 " t 13 I IS " IN roa ciumt um oa lcm: I woe It*, $i Ml I 3 month*, $8 CO I month. a .hi | fi month* 16 on fcy- All advertiaemeut* to be paid for before their ia Hrtion Advertisoinent* mierted in the Wccklt Heiil* at f] per aquarc every iniertion. Moanmo He* ai.d?Hanoi every morning? price tv? o?*il? per copy. C5untry*ubscril?er? furnia'ied at the lama rate, for any ipecilic period, oa < remittance in advance. No paper lent.nnle ? pnM inadvaact. Wccilt Ear alii?isaucd every Naturaay rooming, ti Nine o'clock?price nzcnit per copy furnished to cotuj Iry ubacriben at $3 per annnrr. n advance. Coaar.eromriefT* are requeued to addres* their letter* la JiaiN OnaDoa BrnnrTT, Proprietor and Editor: and al arder* on butaarwa vni*t be post riud] THE EASTERN DIVISION HE THE NEW YORK ^ANU ERIE RAILROAD. pRAINS will h-rea/ier run berween New York mid Goshen -* according to the lotlowiu,; <r tiigeinent, s uppiugat Rrr aoot, Blauvrltviile. Pescar, "iiitfrrtir, Kauiapn Station. Mou* roc Works, Turner'*, Seauisuvi.le, M inroe Village and Clies or. FROM NEW YOHK. A passengej- train every morning (except Sunday) leaving the foot of Albany street. at Sj o'clock, A. M. iu the eompuuy's I Oksauiboat Utic*. C*( t. V. U Sehut*. A passenger train every We in- day and Saturday afteniooa. a* 4 o'clock, from the foot of Albany street, iu tint atcainboal Vtica. A freight trtin every Monday rueaday. Thursday and Kriaay afteruo m, at 4 o'cl >ck, from the foot of Ch imberx street, by the steamboat Union KitO 1 GOSHEN. A passenger train r vcr, morning, (except Sunday) at Bo'clk, arriving ,n New Yoik, by the steamboat Utica, at the foot of Albany street. A passenger train tvrrv \V. itu-sd ?v and Saturday afternoon, at I o'rclok arriving iu New York ay the steamboat Utica, A freight train every Mon lay, Tue# i,y, Thursday and hri ?ay, at 3 o'clock, arriving in New York br the steamboat nion, and barges at the fo it of <"hambers rtreet. F rtight will be rec. i#ed at the loot of A'bany etrect on Wednesday and Saturday, and a' the foot of Chambers street on Monday. Tuesday, Thursday and Friday, until 3 P. M For freight or patsace. inqu re at the Company's Transpactation office, corser of Liberty and West streets, and at the various depots on the line of the n, id. H C. YMOUR, Superintendent dtT In Eastern Divi ion Nhw York and Erie Railroad. I NEW YORK AND NEWARK, euro rctlucceitit <3 venii, From the foot of Cnnrtlaiuit etreet, New York. (Every day?gnadaye excepted.) Leave New Y ork. Leave Newark. At I A.M. At a P.M. At 8 A.M. Atli P.M. 11 do 4 do 8 do 8) do t| do 19$ do I do T do 10 do ON SUNDAYS. From the foot of Liberty itreet. Leave New York. Leave Newark. Ai I A.M.aud 4* P.M. At I T. M. and It P.M. BfTTORA, ELIZABETH TOWN RAIIWAY AND NEW URUNSWrCK. Kare reduced. From the foot of Liberty atrcet,daily. Leave New York. Leave New Brunawick. At f A.M. At 7$ A. M. 41P.M. I P.M. JOMERVILLE at area connect with theac lioeaaach way. yo between New York and Sgtnerville, tOceDta. Do do New liruaawick. 78 cento. Bah way, toccata. Diaabetntewn, 85 ceote. _The fare in the 7$ A M. trai&from New Brunawick, and 4| I t M trmi" from New York, ha* been reduced between New York aud N. w Brunawick to SO cento. " and Railway le 17$ " The Philadelphia maiilroe paaeee through Naw Brunowiekfot Now York every evemnc at 9 o'clock. OnBundayathe 7$ A.M. tnpfrnm New Brunawickiaamit'toA ra-antitr. trhn procure their titkete at the ticketoSce.reeoiva a ferry tieketgratie. Tii ketaare received by theconductor atlv on the day when pnrchaerd. all RED BIRD LINK TO ALBANY, en the HHWi KB Eaat eide of the river, having better itagea ' lejm.-olrnir no hieher tare.?Office. let"! ITS Eroa.iwav ? lT*aien(p ft will be forward I 4 by Stage tu Alba1 V by tb I line from any point on the tut aide ef the river where tiie bona may be compelled by ice to top* \ Agenti will be on hoard each of the mail boats toy ire atsitSice ami information. "iTii. line'Tteudt to Montreal, tono.ina at A Ibanv. (office anderthe Mutensn) and oak-ttw a eery direct and cmauiomout roe'e thithet, The ataget and hirer* of tl.it line will be found really tlie boat on the Albany route,and no deception. The itrirtegtattciitii.il will be paid to the comfort, conve dean* and speed of all who mar give in tlie preference. Whea the river ehall be thnt up entirely. Red Bird Stages erdl i ua ill thro igh from New Vnrk city to Albany. 8. HOLT, M. H. BAXTER, J A?*nU I. V BAKER. Proprietor. dts 1 m* ^rt| ] NEW YORK AND ALBANY. Stage WHr LiDe, ou hotiisi 'et North River?Office at r^l. . the i Id tlaud. Wettern otel.S Couitlandt alreet.? Fate J>s?The line en the west tide of the river it iiiuiel Ir m New York to Pieriuont by tieamboat Utica, from IVrmnut to Oothen bv the railroad, and thence to Al baby by ttaye. Pat engvra by tni? line n ay leave New York every morning (Sunday* i-ac-pted) al ( o'clock, and arrive in Albany ntxt momoig by*. This it the thortett. quickest and eheapett route to Albany. The railroad care are largr, coniinodinut and warmed by tovet. The line on the rt*t tide will be hy steamboat daily at far M the ire will permit E. BEACH. Paat'iigert for Newhurgh and Paltr may teenre passage at m va " C? . - ?' -?J - ; I 1 1^1 Turn.r'i it miles llkia tide of .Ntwii'irgii whfit f'agea ?Mi lie in reaiiiiiiir to convey waU the ?b?wnamed plmaa. ilM tji VIA S TOXINQ TON. DAILY. H/VKNDKN k t'O'S American and Foreign Kipr?a?, Foreign Letter, and G' Utral Forwaid tag Office?Package* of all kind*, aample good*. 3H3^2E- ipecie, and bank notee, will be recur J and forwarded k flvpreei. In and from the fallowing pi icei:? Prom Boetoii to Liverpool, London, Manchrater, Burning tela.and Leed'.Kiw.; Lublin and fork, Ireland; Olaagow and GrMOock, Scatiand, i*an? aud llavrr. France, and from Boa- I t?a to rrovideucc. Sew York, Philadelphia. aud from Trojr nod Albany, I: o ing recently made arrangement* with tlie I'eo itk Line to tliat elTect. HAR.NUKN k CO. will attend >? collecting or paying Dnjta, Note*. Bille or Acceptance#, and the purchaang of peid* of every deecr-ption. or trauaient kiuineaa of any kind, which tfcey undertake promptly. Letter Bag" will be kept at their Bolton.New York.Philadelphia aad Albany oifirra, for Cuirard'a Royal Mail Lim >if cteam ihipa; ateo. forthe atramerOreat Welti rn,and theiailMpnckeb frona New York. TAKE NOT1CK.?Package* aent to either office,for fcnglaod, oral y other place, nuut not in uiycute. contain letter* Tl. B. All g??J? mint be marked HARNDKN k CO-, who re alone :e?|>o!i*ible for the lo*? or injury of any article* or property committed to their care; nor i* any riek nammcd by, nor can any be attached to the B V P. and S. Railroad*, or the N.J. Steam Navigation Co., eo who** road*, or iu whoae te?ere, their crate* are or may le transported, iu reaped to flkam or liieir couleoti at any time. Rpr*Riai-r.a:-Meiara. Kloteher, Aleaander k Co., Liverpool and London; Wil.ra k f i.^ Bankera, Panr, France; mora** n I urn*. i-.*1-. d<wi?u; ?r.ii niri; Corey k Hari, Philadelphia; and Thoiiuu w Olcott, E*.j . Alba*. Or*lcem;?No. 298 Civer atreel.lror; II Exchange, Albany; 41 South Third *eet. Philadelphia; Ii Cliurch atreet, Liverpool, 8 Court atreet, Buatou; Uaioii Building., Provi IW T. roWELL k CQf LINE. >- jrf, WOK NEWI1UROH. lauding it CALD ' WELL'S, WEST POINT AND COLD **J*-^5LsrKIN<>?The ateamboat HIOHLANDER Gag*. Robert Wardrop. will Irntt the foot cf Warren atreet jSew York,every Monday,Tt?i "lay and Saturday ifternoon'i ?t I o'clock. Rrtnrumg the Higti an^er will leave Newbuixh wtry Monday inorniug al I o'clock, an < 1 ue*da> and > nilay eftrraoon at i o'clock. For freight or p lavage,apply to the Captain en board. N. B. All baggage and freight of every drscnpti-.u, bank Mile orapocie, rut on board thia boat,mu?t re ad the riak of the I earner* thereof, uulaa* a bill ofladiug erreeaiptieaigned for Mm eane m_M "Fall akRaN'uEMen f--> oi'o.trlepsrt aNd , new york. eM The fa?t tailing ateamboat OSEOLA.CapJatuii Verdun 'I ruradale. for the rennaiuderof Hit r 'L' aeaeoa will leave the ateamboat pier, foot f Chamber* e'reet, every Tueaday, Thura-lay and Saturday afternoons, at 3 o'clock?landing, up anil down, at Caldwell'a, Wait Point. Cold Spring. Cornwall. Fiahkill Landing. New Hamburg, and Milua. Returning, leave* Poughkeepaie every Mood ay. Wrdnraday and Friday morning at T o'clock. After the tat of November, the (taenia will leav* Poughkeeieie at o'clock in the morning For nsaaage. apply to in* Captain, ao board, or to D. RANuOLPH MARTIN, ? - 1H Weat it. WL.tr uimr. in- LIVfcKrOOL PACKETS ? JVVW H'f il?r Pork-1 of ihr ltth January ? the ipleartid, JnyMafaat aailin? packet ahip < OLUMBl'S. ( apt. Will (Ml on Wednaadajr, tb? llti mat., her regular day TTw accommodation* o( tma line tor p*Maneera, la well brag to be aupanor lo any other. Thoat about to embark, Soul I eeami >e thin packet ahip" h?f-,r? engaging elaewhere. For trrma ot pwn??? ap| If on b..?rtl, loot of Berkmau alreet r lo tha aubucribera. RO< HE, BROTHERS k CO. M Fulton at. neat door to the Fulton Bant. Peraoeia drj ,rma nfaei ding for their frirt.de, can have tb?m brought ..lit in .is fwnrit- al.ii or in any ot tlv ahipa tu the Id iine . aail n* from Liverpool punctually on llic Tth ao.l ittli fcarry month. Apply aa ahorc jl> rASSAOF. FOR HAVA VN AH-Firet Peeketa^MJWTIr rpleo.lid pirk't ehip < RLIA.4 apt 'I hatcher; JBBfeaai't aa abora. having aplrndid accommodaUoaa for bin. r nnd raltm. k atr'Tn^r ; aaacnger*. r or pMa*g?, early amplication vltould be mailt ou board. foot Maiden Can , or to ^ iw. k j. t. tapsco rr, Hi t? South atr-et. or 43 Peck *hp CRaFT* To KNOLaNL?,IRILaSD. S7 ot t^^^LANh AND WAl.KA -Prraona drairoue of aaod ^HHfauut money to thrir friamla lit any part of tha old pantry, ran be aupptird wilhdrafta at fht, payahle at Ilia Ration. I am! Provincial Baiika of Ira land ant B ram hay. Meam* Jamaa Bull. Sank In.. Londne, and Kichangr and Diaconnt Bank Liverpool. which ua paid on damaod. ta all m? prmcipal townaia the I'ait.d Kingdom. For tarmi, kc., m*r? w k j f. tapscott, Ornaral r??aa*r Office, at South atreet. Where, alao, arrangements can be made Tor paaai mrara to aaw oat from tha aid e aaitry ta drat claaa Amnutn packet WW*- rnmin^o.lad be eiiwnanacd na..t.iuM. .>na <>l wbi. Ii will fnat Liearpool every an daya thrwaahaut tha nomine eaaena. - 3 occvoo* alval r?> !!.? f?rt]j ||,,t re"***" lit E NE y NE\ Ilurrlabnri' li. rC<HT*?|ioBdrnce nf the Herald.] Harhisbukgh, Jan. 13, 1842. Slate Temperance Convention?The legislature? Thaddius Steven*?Political Slang?O'm. Seott? Antimasunry Vttd Up?Popularity of the 1 feral, I, 4-c. We are all excitement and commotion. Besides the member* ofthc Legislature,and an unusual number of strangers in town for the past few days, their numberha* been greatly augmented by the arrival of an unusually large number of delegates to the State Temperance Convention, which commenced its labors here yesterday. The dillerrut delegations assembled at the Court House at 10 o'olock in the insrning, and marched in procession to the Baptist Church, where the Convention is to hold its ses sions. L. C. Levin, E?q , of Philadelphia was cho>cn President, and on taking the chair addressed the Convention in a very feeling and foreible manner. The delega es have aome together ma i festing the right spirit?overflowing with enthusiasm ; and having but one object in view,and that one the ad vancemrnt of the cause. Many of the dele pates, iu fact a majority <>f them, ate \s asliuigtoniani,?men who have strayed through all the labyrinths of intemperance,?who have been regarded as b; yoml the reaeh of moral effort, but who at last have been reclaimed. Well may it be said ? " Brightly has tt mperanoe dawned on our lanj." The convention will probably adjourn to-morrow. In oar legislature but little of moment is transpiring?the committees on the various subjects are busily cngagco arraying them in a proper manner, and it will probably be a week or two before they get rightly at work The resolution which wa> offered on Monday last, relative to the sale of i portion of our Mute improvements, was taken up in the Senate yesterday,and after some discission, so amended as to include all the improvement* of the State, receiving in payment therefere the Are per cent stocks of the State at their par value; and us amended agreed to. Tbaddeus Sievens?th" Great Mogul?the Magnus Apollo of Antimasonry?is already letting oA' in small quantities the bile that has been accumulating within bim lor the pas'two years,while he was enjoying himself in the swset retiracy of private lite. The other day, in the House, he made a ruth l>-ss attack upon the enterprising editors of the Intelligencer, lor no oti er reason than that they have rented their now building in Third street, to the Society of Odd Fellows, to be used by thera us a Hall. A* usual in all his tirade* against secret societies?against something which he in bis wisdom knows nothing about?he unreduced a great variety of worn out Antimasouic phrases, suc'u as "murdered innoci'uts," taw heads," " bloody bones," &c.&c. Indeed he appears to hare about him a never failing supply of " stereotype expressions," which he uses as occasion requires, when at a loss for reason or argument, forming a grand display ' Of speech without meaning, and words without wit." Gen. Scott and his "immense popularity" are still unheard of. Ilis Annmasonic fi lends in Pennsylvania are blown sky high by recent movements, and are in wor.e odour than ever. Its udvoc ttes are as unpopular as its doctrines are offensive. The editor of the Antiiuasnnic "Chronicle" of this place?the slanderer of President Tyler, and vilifier of the New York Herald?was an applicant for the public prin ing,but for want of friends,for want ef popularity, and for want of intlueucescould net get it Petiapijit i? well be did not,as lisc nth i< presses ought not to he supported at the expense of the State It would be a great pity, however, should his piper be permitted to down, and our little faction of Anti-Tyler raeu would shed many tear*. The popularity of the Herald continue* rapidly to increase It was observed by a member of the Senate the other day, that with such a paper in llarritburg, at the Herald, the State could be revolutionized in a year; and 1 believe it Our newt paper editors r-raind me of what tome French mah bat said: "In France," taid he, "editors are looking to the Ministry, but in America they are looking for a job." H. Superior Court. Before Judge Oakley. J ax. 14th ?Franri* H' iMtack vi (itcrge A. AVieman.? fhis wm an action for libel, the damages laid at ^.sOtX). Mr. Lasak, we need not say, is conspicuous, not only as a political man, being w< 11 acquainted with the secrets of both political parties, but at a military man. The defendant it publisher and proprietor of the German paper, the New York Starts Zoitung, which declares Martin Van Huron to know sMmcihing more than planting cabbages,and that old Hickory is not only a great warrior, but the greatest statesman that ever lived. In this papar of the 3rd June, 1S40 the following article appeared, being the cause of offence, lor whieh this action it brought: ? " The great Harrison Captain, Lasak, ordered the German c. mpanv of Washington Riflemen to parade last Monday, ta show his new whig recruits (aa was artanged in Albany) to Gov. Seward, who was then here. Unfortunately the Riflemen had not yet been sent to Albany to the great w hig universitv , and have therefore continued stupid locoforos. They thought that it would dugiare them to march out under a Captain who had lately exhibited the gravest symptoms f aberration of intellect, ami of wham, mottorrr, inmehint might be told which would bring him into the State Prison, if our laws allowed an oflrnce to be indictel which was committed more than two years age.? e.uuugu, mr " .inniigiuii nine ^mnp.uij uiu IIUI ?pp> Ji on parade. An enormous mass of men, however, assembled at Centre Market to see the hero of the day, who think* himaelf mighty enough to bring the volunteer citizen of the republic, against hit wuli, against hi* entreaties, again*? his sense of honor, against his dignity as a man, under the Austrian corporal's cane I Th" attempt was unsuccessful. Both at his arrival and departure trom heme, the indignation of the people was expressed by whistling and hosing-nay, even as he wui going home a large number of people followed him, and it is said some street l ovs threw stone* at him. Although we do vot approve of this, it is in the highest degree astonishing bow a man who lays claim to a respectable place in civil society, can make himself the object ol public contumely in ?pite of every warning, every appeal, arid dare to persist obstinately, when submission is prudence." The defendant pleaded justification, asserting ! that the plaiatiit, in tba tall of had been elected a m-iirbcr of the Legislature on a declaration of .,?.i i. ..n. i T., plaintiff wa* then captain of a uniformed company called the Washington Riflemen. Previous to the publication, the company requested him to rtsign his commaud, and rumors were in circulation that oil or about the 15th I) c. 1835, in the Marine Court,the plaintiff swore to naturalize a man named Peter Scnlosser, and that he ha^ been in the city for fire years, when the rever.-e was the ease. He < rdered a drill of the company on the 1st June, 1840; but the c mpany did not tuin out A large number ef persons appeared to witness the parade, and on the plaintiffnppearing, he was mobbed. These were the principal poiats for ihe defence. The case was managed on the part of plaintiff by Dav d C.raham, and by A. Vanderpoel (the Kinderhoik roarer) for defendant?the former assisted by Mr F. Hrown, and the latter by Mr. P. J. Joacbemssen The first witness called for defence was PitkR Sihlosser. who testified that he came to this country in January, 1831, and was naturalized in !)ceembcr, 1834. Witness is a tailor by trade, and keeps a p >rter house in Contre street. He first became acquainted with plaiatiff in September, 1835; was at Weidcmeyer'e, in William st. one day, and something was said about joining n military company, and also absut my being naturalized. The plaintiff, without my asking him, paid he would go to the Marine Court with me, and swear to my being qualified. I told him that 1 had declared my intentions for three years, bet had not been in the country the five years required fer naturalization. He replied that a few days would make no difference. We went to the Marine Court, when he took the oath required aa to knowing I had horn kere for fire yearn, and I got ray paper* I wanted to go home and rot my declaration paper, bat Captain Lasak said it wa* no matter?he would tell tho Court it had been lost, wbieh he did. June I the compai y, and did duty at the great fire in 1836 Jim-* Stcioxer sworn?Belonged to the Wailiingtoa Rifle Co puny ; was corporal and secretary. The company did not take any rote not to turn nut on the lot Jnne. I did not turn out. Captain l.asak wa* captain?eleeted in Sept. 1839 H Hor aworn.?Ia a meaaber of the company, hut did not torn out on that day; helped to ratte the company. Ia not a citiaen?Captain I,atak knew I wa* not Capt Si hwartx aworn?Wa* l?t Limt. of the Washington Rifle Company on the lat June, 1840; Capt. Lasak ordered the company to a*?embU at | I'entre Market; there were eixty-three or ?ixtyfonr members belonging to the ctnMajr It w?* a regimental order. We muttered one en L .? W YO V YORK, SATURDAY M< | aign, one private, and myself. Col. M or nd | (apt. l-isaa came in; 1 said it was no use to stay any longer; Captain Lasak called the roll, and dismissed the company?to be sure there was no company. Capt. L Went down stairs, and I heard the noise of a parcel of men, but did not leave ttiu hall myself Witness keeps a porter house in Chatham square; is now captain of the company? I know the defendant,but have m t seeu biut in my house for nearly a year Saw a number of men about the hall when I went in?say three or four huadred; they were mostly my own countrymen, but did net see any ot the company. Am now opposed to the plaintifT in politics James Vran Aux sworn Was orderly sergeant of the company. Gave the squad lists to the sergeants, as told by i apt Lasak, hut did not go myself. Am opposed to Capt, Lasak in politics, gave him my vote for Assembly, but he turne I?there wa. a political feeling in the company against him, hat also a military prejudice relative to a desire for being attached to the sixth brigade, which was opposed Saw Capt. L come out of the ball,and a great many people follow and hoot af er him?did not join them. Understood, when the parude was ordered, that Gov. Seward was in town [ l itis was after>vards stated not to have been a fact. ] Mr. Koi.wsh sworn?Met Captain Lasak and Sclosscr going to Marine Coait. Did not hear the latter tell Captain L how long he had been here. Captain Tompkins sworn ? Recollects the parade order for the 1st June. It was issued by Capt. Lasak, in obedience to regimental orders. Saw the defendant, Mr. Newman, at the hall on that day lie took a Vt ry active part in hissing and i*citing the people Saw him insult >lr L by exhibitions of this kind. Saw hi in go into the stre't and follow Captain Lasak. He was very active iu creating the exciteaaent. Sdhio other evidence was offered, but nothing very material elicited. Then came on the slimming np of counsel?and the way that the Rearer walked into plaintilf, need not bc| mentioned. His politica', moral, and military character was reviewed, in no way forgetting the perjury?aDd his attempt to work damages out of a man for honestly exposing ihem, showed him te be more foolish and more wicked tbsn people had supposed him to be. The captain and legislator was emphatically used up?not agraiu of his petit bedy corporate being left David Graham did wonders iu the way ot bringing bim back, but without avail The Court, in its charge, stated that the law of Libel was very plain. In actions on crimiaal process.justification is not permitted unless it can be showu that sow*- positive public good was contemplated by the person publishing. Hut it is different in civil suits, where damages arc sought in a Court oi Law. in ini" cast?, wncrc a criminal cu.tr^c is rnadi*, t defendant is justified, provided he can I bring the same degree oi evidence th.tt is required by u public prosecutor in supporting his allegation, on a similar charge, but it must be done by the oath of more than one witness. Unfortunate fy for Mr. Lasuk, the defeudunt, appears to have made out his case?for, whether misled by zeal tot-ewe the party, er otherwise, he had certainly sworn to (hit as a fact, which he knew nothing about, and which reallt was false ; and, moreover, what he was given to uuderstand as really being so. It was for the jury, however, to decide. After being absent about an hour the jury returned a verdict in favor of plaintiff for $'?>. Before Judge Tallmadge. Jan 14?ll'iliiiim Cowan vs. Danitl M Peywr ? The plamliS' keeps the Bazaar. On a Sabbath last summer, he let a valuable horse to the defendant, who was to go a short distance in the country and return the saute afternoon, but instead of that he went to Kockaway, over-driving the auiinal, and whipping it severely to make it keep up with a faster horse, which was iu company. The horse was not returned till next day, wh?n there were large " whales" on its back and sides, as stated by a witness, the size of a man's finger, and the same afternoon it died. Action is therefore brought for its value. The counsel far defendant moved for a nonsuit, on the ground that the horse was hired for a purpose which w>uld be a violtiinu of the Sabbath, and consequently illegal, The nonsuit was y ranted. The folio wing are the remarks made hv the Court on grantixg the nonsuit ;? Br thi Corar.?This is s contract made between those parties, whereby the plaintilf agrees to let to the defendant a horse,to be ns.d in trav. thug on the Sabbu h tor a purpose prohibited by thu Statute. In this con' tract the UeiendUHt agrees to pay for the use oi the hone, and not ovei-drive or otherwise injure bin. Tbc action is brought for a violation ot this latter part of the agree ment, to wit: misusing the hoise, in consequence of which he die 1. Now as this travelling on Sunday u prohibited by Statute, a contract in relation to the hiring and treatment ui b uorte, let lor tna ex prm |>ui pose ?>l violating that Statute is void, and no action can in, maintained lor a breach ul it. Lot a noustiii be entered. For plaintiff, Messrs Kimball and Satre.? Messrs E. Mather and VVm. S. Piersoh for d?fcndant. General Sessions, Before the Recorder, Judges Lynch and Noah, and Aldermen June* and Tiuiptou. Jan. 1 Ith?Sentences.?James Heuderton.fuund guilty of forgery iu the third degree, sentenced to the State Prison for two years. John Dermady, found guilty of grand larceny in stealing|scventeen sovereigns from Thomas Smith, was sentenced to two years. James Ritchie, convicted of grand larceny, in stealing a gold watch from Thomas Cochrane, ~vas sentenced to 3 years imprisonment in the Sla'e Prison. Upon being a.-ked what he had to say why si-ntence should not be passed upon him, he rose from the box and attempted to make a defense of his conduct. After declaring hit entire innocence of the charge alleged against him, be stated that he had be, 11 a tree man but t<n riwj* for the last nine yrarit, having been in prison duringtbat time After sentence wa* prenouaceo, anu as lie was leaving the court rooui, tie pronounced in a loud voice that ' Mr nrxl time hr went, it trould be from the ruIhnc?.'" tin f.ither, an aged man, appeared in court for the purpote of endeavoring to obtain the lighted aentcnce in the power ol the Court to indict; but owing to the priaoner'a former aotoriou* character a* a thief, the *entence wa* not commuted. William 8. Pieraall, for keeping a diiordcrly house, wa* tiued $1.) Jaiue* WiUon, lor nssanlt and battery on Mr*. Coliee, fined $25, and lentenced to the city priioa ten daya. John Connolly, for an assault and battery, fined i ' ticargc Reach, for keeping a disorderly hou.-e in Water street, was fined $2% Walter Hunt, for assault and [battery on Joseph i!. Bennett, fined $25. Austin Saowden. for keeping a disorderly house ?judgment was suspended, and defendant ordered to pay the costs. Matthias Burbank, for an asaault and battery on Capt. fisher, of the city watch, was sentenced to the eity prison for thirty days. Trial for A**ault nrui Halt fry? Michael Walsh .... j r._ .. ? l i?k.. II WUP in?u im >11 >b?uii aiiu >fu ...an n. Howie, <h>- night previous to laat election. The evidence wa< not aufficient to produce any effect on the mind* of the jury, and after a thnrt peech by Mr. Walah, who defended hiraaelf, the jury, witnout leaving their aeata, returned a verdict of ant guilty. AmmiuU awl Hat toy. Thuma* Donlan, Philip Flyun, and Michael Mnrtugh. were tried for an alleged aggravated aaaault and battery on theperaon of John Haly, of No. Elizabeth atreat, on the 3d day of November last, at a parter houae kept by George Marihall, corner of Prince and Mott treeti. A variety "I evidence waa produced, aa ia uaual in theae bull dog fighta, charging both partiea with being the aaaailanta, and tbe jury returned a verdict ?r guiltyagainal Donlan and Murta^h, and acquitted Flynn. A'erptng a Ihtordrrly ?William Greene waa put on hia trial, for keeping a diaordarly dance houae at No. 7<> Prince atrret. It waa proved by Kiehard F. Carman and othera, that the premieea complained of, are uaedae a dance houae, and that the noiae created by the aaiembling and dancing of the company, at varioaa timea, waa a nuisance in tha opinion of tha witneaae*. The defance proved thai ID* room was reru n iw.i mama in lot wren, to a dancing master, and that the ball* were principally Rot up Tor the purpoae of benefitting iodic sick or pa r nan orweinan Aleo, that the house
was no mere di-orderly than public home* generally are. The evidence wa? of a decidedly contradictory character, and the jury, therefore, could not agree, and were discharged. Stort 'J'hirf ? A colored woman named Klira (Jartrey, was tried and convicted of stealing three woollen shawls, from the store No. 72 Hud-on street, on the night of Tuesday, January 4th. She was sentenced to three month* in the penitentiary. T>id of thr Editor? of Hit Sunday Flaih?Wni. J Snelliag and George Wilkta were tried for a in ?demra lor in publishing a paper called The -umlay I'laah. 'Ike prosecution ?tated that they should prnre that the sheet contained obecene matter, neh aa should not be allowed to appear in a public print, and therefore they presumed that it was "T' RR I ORNING, JANUARY 15 only accessary lo prove who were the actual puL* lishera of the paper. (iroai.c Woot hiix.e iri^ called upon the stand, and stated that he was solicited by George Wilks to tukc a sharo iu the paper, and that if he would go iu with him they would make a good thing of it. lie also testified that he was engage "" l.'la?iU ?- Ikn snll?i<(nr of items, from which certain article* were written ; that heobtained the particular* of the article pointed out by the Di?trict Attorney, a* forming the ground work of thia prosecution, from Amanda (Jioeii, the woman whose life it is represented a* forming a sketch?that the District Attorney had entered a nol.'r plo..ofui in the case, and that he bad turned state* evidence to prevent others from celling ahead of him. Several neison* were called to im. peach the tesiiuuuy of Woolridge, one of whom stated he would not believe him under oath. Thu jury were unable to agree, and were therefore discharged at eight o'clock last evening. Messrs. lirudy and Ru-sell appeared for defendants, and the former made an able speech in do fence nt his client*. In tlte L'uxf r/f Libit on !svy, published in the ,-uiulay Flush, a plea of guilty was received by t he sourt and recorded, but sentence was postponed for a future day The fallowing letter fiom one of the late editors of " The Flash" was presented to the Judges of the court us u justification for the libel published :? Ni: w- Yohk, Jan. 2, lb-ti. Ms. Mrrs Lot. Sih,?In justice to myself and yon, I consider it my duty to state, that 1 am not the author of the libellous publication on yon thnt appeared in tha Sunday Flush, und lor which I have been indicted by the Grand Jury. The aon-a of the article in question wera handed to me by Georg* B Woolridge, one of the editor* of the Flash, who informed nie that he had received them from Mr. F.manuel B. Hart, a broker in Wall street, and told me that I could not b<* mistaken in dtlaming your character, and Charging you with every possible vice, as Mr. Hart would furnish any amount of ccandaloas anecdote that might be requisite. Without any personal knowledge ol you or your character, and coi.liding in the ihtrgri>y of the author of the libel, I threw it into form and published it. I hasten to acknowledge my error, and make all the atonement in my power, by placing you in possession ol tlie name of the person who gratified his malevolence by grossly libelling you, leaving me to be responsible, and to sulfer imprisonment for his acts. 1 cannot hut add that, from what i have since learned of yon, from the most respectable sources, 1 consider you a much calumniated person, whose character is far from justifying the imputations that have been cast upon it. As ior the libel, I am satisfied that it raunot be sustained for a moment, and I deeply regret that I had any agency in giving it currency. Trusting that this admission will remove theimpres sion of studied a".d wilful malire on my part, I remain, very respectfullv. yours, WM. J. SNELLING. Plead guilty to Grand Larceny ?Alexander A Watts,]who was indicted for stealing clothing and other property from .Tames Stsne, <14 Mott street, on the 36th of December last, triiued at $54, plead guilty to the charge, and was sentenced to the State prison for three years and fire months. He is the came person who wa< lately tried and acquitted of a charge of attempting to pass a fraudulent note, and but reccn ly served out an apprenticeship in the Trenton State prison. Plead guilty of Prtit larceny?A colored man named Charle* Williams, it.dicwd for stealing $14 worth of tea, from No- 67 Dey street, and was sentenced to six months imprisonment. The Court here adjourned to eleven o'clock this morning. Sessions. Before Judge Noah, and Aldermen Innes and Timpsoa. J A SORT 14.?Patrick Kinley was tried for stealing a btieU silk handkerchief and $1 50 in silver coin, frem Patrick Lee, found guilty,but judgment was suspended and he was discharged. Aaron Freeman, a black rogue, was found guilty of stealing a handcart worth $10 from Nicholas Troy, and sent to tkt CHy Prison for three month*. Adjourned to Tuesdaj- next at 10 o'clock. City Intelligence, A?ot,if.r Wise Mcri>euei>?Another distressing murder wad cornmi t d in o r city yesteidiy by a liuobund on his wife. The circumstances, as we have learned them, are as follows A man named James Adams, a street sweeper, of intemperate hahita, after returning to his house in Amity Lane, next door to Woofer-street, on Thursday evening, in u state of intoxication, commenced <|uarrelling with a servant girl named Ann Gorman, who resided with him. During the dispute he seized a plate from the tea table and threw it at the girl's head, when his wife expostulated with him He then seized a carving knife that was on the table, and threatened that he would have both their lives. Ilis wife told him that she would call an officer and have him oriented if he continued his threats. At this he became infuriated, jumped towards her with the knife in his hand, and stabbed her in the breast, stomach, and wrist. She immediately fDd front the house, and on entering an adjoining dwelling occupied by Mr. Tanner, fell down and expired. Drs B. F. Jotlin and W. C JJoberts, were immediately called in, and upon a post mortem examination of the body, it was found that there had b<en three severe wounds inflicted upon her body, one of which had entered the left breast, and terminated in the canty of the riyht ventricle of the heart?the other was M the top of her stomach, and the third on her left wrist. The wound on the left breast is supposed to have caused her death. Adams was examined 'a-t evening at the upper police office, and remanded back to prison for trial. He refused to answer any questions put to him, by the advice of his counse l, Jot IS A. MohKF.ll., EstDeath from Mi?c.\rriage.?Mrs. Catherine Warner, wile of John Warner, who resides at No. 72 Greenwich lane, died yesterday from the effects of miscarriage, and want ol medical attendance. Mrs W. was a native of Massachusetts, aged about 10 years, and her husband was a workman in the rope factory in Thirtieth street. The Coroner was called in, and after a thorough examination of the erne, the jury returned a verdict of death troin the above causes. 60do?* Heath from Ihritative Fever ?The Coroner was called yesterday to hold an inquest on the body of a woman named Susan Jelly, wile ol Robert Jelly, in a house in Twenty-filth street, near the Eighth avenue. The cause of her death was foHnd to have been irritative fever produced by " ulcer of the legs " Kicked up a How.?Three nice young men, named Augustus Vogt, John Bezen, Andrew Harman, and others, entered the porter house of John Rock, (iff Ludlow street, on Thursday evening, kicked up a row, knocked down the bar-keener and raised the very devil. Officers Barber and Horn finally succeeded in arresting the three above named, and they were locked up to consider the result. Store Thief Askehtfd.?A colored rogue,named Abraham Bontwtck, was caught yesterday by officers Clark and Sharon, after having committed a larceny of 211 yards of pilot cloth, valued at #26, from the store of John M. L'outs, No. 217 Greenwich street. Committed. An\wdo!?me"?t or a Child.?A woman, named Margaret Muldnon, wan nrreaied yesterday for abandoning a male child, named George Bigby,aged seven mouths The child wan found, in the latte* part of November, in the area of 159 fclm street, oy Ann Kane, snugly wrapped up in some clothe, and wan sent to th? Aims House. Thia offence, according to our statutes, is a felony and punishable by imprisonment in the Slate ptisan. Pf.ttv Tiii?.ve8.?Marv Kennedy was arrested yesterday and committed for stealing a merino vest? lroin w. L? Kershaw, No. 60 William street. A man named A.\ey Uurrill, was also locked up on a charge of stealing a piece of carpeting from John B. Ogden, No. 2<2 Alott street. A norma Ciiahoe aoaivst Homin* Basses.?Of ficept t'olvin, Helyea and F- J. Smith found a russet valise trunk on the premises of theabov? named person, known as the keeper of a notorious "len cr" ' -e. -. ...riu luifl licr n ie uroaitmaireei i n< from Edmnnd Wiltse, No. Is Bowrrj ll.irnrB w*a committed to prison 011 Wednesday For >t similar offence, in receiving a number of stolen whips. Fine at Sesisn' titD, Mas*.?A leege wooden building on Main street, Springfield, >la?a , owned kytiea Dwight and lohn Child, and occupied by A. C. Cole A Co., merchant tailor*, and Coyell i, Goodwin, druggis'e, was destroyed by fire on Saturday morning last. Cnvell and Goodwin were insured at <he Manhattan, in New Yo*k ft. i$fi4U0 I. ?s ^7000. IERA 1842. Singular Cask or Falsi: Imi'kooami.m' ?Annexed we publish several documents and aHidavits, developing a very curious and remarkable cu:-c of arrest for lunacy, which is rich enough to form the materials and groundwoik of hall a dozen novels like Goodwin's Caleb Williams. Mr. A. L- Macenis, better known by the soubriquet ol the "Missouri Earthquake," is quite an original, and ertainly he has the good fortune to plump into the most origin.il adventures of the day. We learn further, that Mr Magenis has brought his action for assault and battery and false imprisonrtmnt arruinul \ Merritt and Stevens, the ofii cvrpot the police, and tiie keepers of (he prison, and ihut Chief Justice Jones yesterday made an order to hold eaid defendants to bail on said action, in the sum of twenty-five hundred dollars. *tSily and County of Xi w York, ss. ivisunully appeared Abtihr L. Maoism defendant, ninl mails ontli that en the 301 ti day ul DeCemht r Jait, at the county and city aiorrsaiil, he *nt hi rested by an otli cerefthu Police Couit el saul county and city; that afli.int has since beta informtd that the name ol said otli cer is Walker?that nlfiunt, on being told by said i Ulcer that he was arrested,drmnnded to see and hear the pro cess read, upon which ho w us artcstcd, but said ollicer refused to read or show it tobiui; that artiunt then dw mantled to know the amount of bail reiptirtd of him, and was tolif lie could not be admitted to bail on saul process; that atlisut then demanded to be taken before the Police Court, out of which said process was issued, that an examination might take place of the persons upon whose alii lavits said process had issued; this also w as relas< d; that aDiant lias since seen the original writ upon which he was told he was arrested. A copy of w hich original writ, and acopy of the affidavits npoa which the same issued,are hereunto appended, marked A. and YV.. winch he prjy s may he taken and read us a pait of this a Did a v it; that uthant was taken by said Police Ollicer uud put into the city prison ol said county and city,on said Sotli day of December, aud there rrmained from utiout two o'clock on that day until late in the evening thereof,when ho was put in the custody of two police officers and allowed to go With thi'm to 111* lesideucem I'atk Place to ptMUig mgiil, said officers remaining with him all Digfit; that au the next day,Ki i'lay, the 31 at Decemhet, allium remained in custody of William Stokely, one of said officers, who went with hint into the streets, accompanying him through the same w lulr h tiiaut wna attending to hia buaim il; that about three or fottr o'clock on that day,aaid officer told utH.int that it was time to go to the Police Court aforesaid, and report to the aaid justices, which affiant did. That on entering the court room of said office, Justice Parker being on the bench, affiant demanded of aaid justice a sight of the pioceaa on which he was held incustody. which was raluted, ae was also to call the pereona ? ho had nude mid affidavits, and huve them examined in preacnce of affiant. That aaid last named juatice thereupon directed aaid officer Stokely to take affiant to the said City Priaon, whereupon affiant aaid to Stokely," Show me your process;" to which he replied he had none. Aftiant then tut in d to Juatice Parker and demanded a sight ol the affidavits upon which said warrant was founded, to which question atfi int does not recollect that any reply was given. An order was again given by Justice Patker to said Stokely to take alliant into cuatoJy, and thereupon said Stokely advanced toward alliant, as he believed then, and befirvea now, for the purpose of taking him into custody. AHiunt thereupon showed his arms, and told said Stokely il he dared to approach and lay hands upon him, without reading or showing him process, he did it at his peril.? that he w as pri pared to defend his person Irom illegal violence, and would do so to the death?that he had no wish to injure said Stoklv, but that hn would take the principal, said Justice Parker, as the offender,and, if violence were used, tire at him. That aftiant then left the I Court roum and went to the office of Jamea K. Whiting, Esq. the District Attorney for said County and City, to whom he related what had happened i.nd begged of hia to go to said Police Court and inform the Justice! of the illegal manner in which they had been acting in tha premise!. Mr. Whiting told alhant he could not do so then, as he had a prior engagement that would detain him until five o'clock that evening, at which hour be told atfiant to return to his, Whiting's, oifice,atid he would .converse with him upon the subject. Affiant then sought and t und t wo of his fiiends, John A Morrell and Mintbome Tompkins, who at live o'clock went with him to Whiting's off! e. Mr. Whiting returned after affiant and his friends had been there a few minutes. After some con sultation it was deci led that atfiant anil Messrs. Tompkins and Morrell should go to the said Police Court, demand sight of the process und ulfidavits and give said Tompkins and Morrell as his hail, Alfianl and those gentlemen went to said Court, which was not then in session. Tompkins and Morrell advanced and spoke to Justice Turker, said Justice^Slevens bring also | resent, and told him their business. Said Parker on being informed thereof stated that there was no promt there agiinst alliant, or words to that effect, that the (-unit had discovered that it had been wrong and that atliunt had been right. Some other convrisntion took placet)-tween slid l'aiker, Tompkins and Morrell, which atfiant did not hear. Alliant and his frit nds the n left said Court room, mid separated, alliant returning home to Paik Place with aaid Stokely, whom he invited to c?mu and dine wilh hiin. After dinner atfiant and said Stokely proceeded to the Park Theatre, where affiant hni been hut a short time, when, as he u as standing in the entrance lobby, conversing with the door keeper,he found himself suddenly, nnd wholly unawarts, seized behind, -nd his arm-, held last, while, at the same mo ment, EsbartO. Sweet, an officer, seized hiaa in front und told him he w as his prisoner and to come with him. Alliant immediately ealled upon said Sweet to show, or reed to him the process u|*u w hich lie am sled aftiant? this he n fusi d 10 do. ami affiant exclaimed that it was an illegal arrest and rafused to go?he was then draggiii out ot the thcatie into the street, immediately surround ra 17 a i?[|ic iiuiuni .. _ ? unknown On affiant Muling to walk, or iu any way aid thi'Oi 111 what Up ill nounced at a ruffianlike proceeding, he wat rapidly pulled and carried along liy those men and said Sweet, who, when tired, two or three timi a, I et affiant down on the pavement or flagging of the tidewalk, and that hurried him to the tide entrance of the aid Police office, rind thence into the hack part of laid pr:*en,of which Jamea E. Hyde, at affiant believes, w.ie and it keeper, where, alter tearing from altiiant hit gold watch, gold pencil and watch key, they thrum him into one of the cells betwoi n nine and ten lAclork, P. M. or thereabouts In that cell affiant remained all night without fire or light. After day light next morning, affiant knocked loudly and repeatedly. On the keeper, or iubkeeper, whote name 11 Alexander H Stewart, coming to the cell, he asked lum for a glass of water. It wat r< fused, and he waa told to drink out of the water pipe iD the cell. Thu affiant could not do. aa he had no vestal into which to pour the wa'er, nor, if he had had one, shoulJ he have drank thereof, as the cork of the pipe wm immediately over an old, foul light bucket. Beiweeuthe time of his first call lor wetvr, about seven o'clock, A. M. and noon of that day, affiant repeatedly knocked end demanded watar, hut, without avail. About that hour Mr. Stokely came to the door of h 1 cell, hud it partly opened, and on bi ing told by affiant of the conduct of the keeper, is refuting him water, brought him some. At the hour in thu morning when foo l was served to the oilier pritom r* the servants often d some to affiant, which be declined, say ing, that he would not eat of f lout'food. Sometime in the couise of the morning, the hour affiant cannot precisely state, but aupi-os-'S it nin*t have been between eight or ninu o'clock, a man, whom affiant believes to he said Mnrritt, came to the cell of atti int. The keeper opened it and let him out into the gallery, or passage, whan Marritt spoke to him. atkiug him if he knew him 1 Owing to I the sudden change from darkness to the glare of light affiant did not immediately recognise him so as to name him, and 10 laid, hut, onierveu, mar, inougu nr couiu not rrpat hif mm* he knew hit face. A? w> II at affiant recollect", Mi rrit ?poke something about hi? being " sorry to e him 10 much out of hit mind." Similar remarkt were repea'edly made to him dming hit acjouia in the cella, hy aaiil Stewart, in wordt ol affected or ostensible sympathy,but in a manner and tone ol voice indicative of J hale and, malice. i Affiant while thai immured rotild hear peraont on the outside indulging in dentivo lapreiijoni to the effect that affiant was cra/y. Atfiaat remained in clotecon fim ment in the cell from the time of hit being brought to the priaon until Sunday morning, about eleven or twelve o'clock?when he wat taken from there in the cuttody of Stokely, by virtue of taid writ, and convey ed to Murray ilill, the eitahliahmeat of I>r Jamet Mac lonaid, where ho received every attention and kindncaa. Alfiant haa been for acme time laboring under'an inflamatiou of the lungi accompanied a ilh a aeyet e cough, and ou several occasions ? Idle coughing, laid Stewart approached hit cell an I told him in a voire ol raook a> tnpath)?Ah, you are going fail, that it a churchyard or grave yard caugh !!'' While in privon affiant lumtell, and hit Mend and coiintel, Mr K My,again and again demandsd from the keeper alor* said, a sight of tin- proce, s ly which tliey held him?it wu always denied to liitn!! On the firtt morning alter hit imprisonment. when knocking at the door of the cell, hoping to procure water- -anotner keeper, not Stewart, came and looked in through the small orifica in the door and threatened him, wh< u h? atkeilfor water, that if he did not keep cjnirt. he would put irona on him. Affiant rainain-d in cu*t?dy fromthc 30ihof December aloretaid, until brought out on habeas corpus (this day, the 8'h of January. On the night of the lit January, finding himaell very ill from the cold of the cell, ita noisome ainrll, and thai Incre.iant irritation ol hia lunga, hr called thai kea jmr, w ho than kept watch, and whom- nam- he In-lit v- a i> Ahr-almm Ptuly, to havo the Phyncian of th'1 a atatdiahmint htoiairht, that ho might examine him, ami atate whetlii r hia life might not ha endangered by remainingthara- ana thar night, in ao unhealthy and comfaattl. ?? a con litlcn; th it lor Inmialf life wa? no great ronaida ration, hut that ha- had twoyouag children who had'no m ar rela-iv a and whom their father'* death would leave without a |-to teetor. It-- promianl to bring thai Phya-cian, hut ha came uot!!! ATITHUII L MAORNIS. Sworn'rfor mathiallth 1 day of January, 1?4J. I Sr?an?t a PtaaoK, Commiaaiouer oi Iioeda. J City aawf Cma-ify #/ ATev Kaat, aa?D?nil Jarkaon, of No. 1.17 Second Avenue at read, in the t> o! N-* York.and Cbarlca Mr ? vera of No 4Vt Broadway, in the aatd City,b?ing duly aworn aod atfirmed. arverall- a*?, that Arthur L Magenia, hy raaaon at lunaoy or other LD. Prlco Two CwiU wise, is so lar ilisoitlrted hi in* tttisci, ua to endanger hi? own prison or the person an.I property of others, if permitti d to go at larce. The*.- <K potent? thertfore ref|H ctfnljy pray that the sui.l Ar'bni nay be nrneiJeil for. ui mil nif flirww DANIEL JACAONt C1IAKLK8 MrKVtHI. JACOB L. DICKINSON. 8 worn to this SOth day of Deci mWr, 1841, belore H. Vf Mkibitt and K Srces-ivs. ( 'yimrf County oj A'fir York, 11. I.? tnnor S. hn*>v,ot said cits , being iworn, say ?, that on the 30th day 01 Deecmler last, this deponent went with Aitlmr L. M?|i -ois, E?q. and G- u.John T. Mason to the house of Dsn'l Jackson, in Ktuyvosout place, for the purpose ol getting said Jackson to go wi'ti thimtu the Lower Police otlice in this city, to see tvhut complaints hud tin ri I < #11 u iirie ay i.n.st said Magenis; an 1 that afterwards, when deponent had sntered ono of the back looms in said conn. h<> lound Justices Merritt and Stevens consulting with Unti l JhcWioii, Charles MaeEven, and others,about confining said Magenis as a lunatic ; that this deponent and Ui-n Mason intercede d and protested against its being dour?(Jen. Mason telling tin m that it would he an act ol villain) ; that ho had known sail Magsnis from to) hood, said that such a course w as unw arrant# d and highly impieper, w ith many other wsnlt to that effect ; that tins d? jonent and said Mason wera then told that if said M.grius would leave thia clt) and go to the city of Washington,he should he discharged; and that this deponent and O. n. Mason went to said Magetiia, in anoth# r room, and slated to him the proposition ol said Justices-, that laid Msger.is expressed great indignation ut the pioposiliun, and said that he would not submit to such disgrace, and taat the Police might do their wois! towaidshini before lie would I submit to he Hriv. il Imm " L - - - uvH.t uj niivB vue ir.ca sure* ; that it' h? had oflviuled ngninst the lawn ol hu country, !? t him havr th# law ?the law and nothing hut the law, and many other i x press.on* of the like nature; that utllJavita were then made hy suid Juckson and MacK.vcr* against said Mugcnis, and uUe hy one Jacob L. Dickinson, a clerk in said I'olioe Office aa deponant waa informed,that said Magnus waa,from lunacy or soma other canst;, so much disordered in hn sense* aa to endanger hia own peisoa or the person and property of otliera,il permitted to go at large, and laid Magenta waa then tnken down* to the cull* of the city priaon ; that on the evening of thethiity tint of December thereafter, thin|denoni nt learned that aaid Magenia waa again Incarcerated in eaid ci lit, and on the morning of tha firat of January thereafter, tin* de|>onent found aaid Maganiain one of the filthy and luathaome cells of the city priaon, nnd in a very suffering condition, aick and unable to speak above a w hisner; that tltia depoDent was told by Justice Merritt that he would he sent to the lunatic As> turn on Blackwell's Island ; that thi* deponent then interceded with Justice I'arkerto prevent said Magenia being *o disposed of, by laid Merrit, i s deponent thought that it would hnlatal to the health of suid Magennia. The Mayor, Robert H. Morris, also at the request ofdejioiient, interceded, by letter, with said Parker, and said Parker consented that deponent should take said Magenis, under charge of an officer, te the private asylum of Doctor McDonald, on Murray Hill, and that this deponent did, on the morning of the second instant, accompany said Mugetiis, undercharge of an officer named Mokely, to said arylnm of said McDonald, where said Magennia was kept by virtue of a w arrant, issued tr Justices Merritt and Stevens, until tha eighth instant, when said Magennis was dischorged hy Judge Oakley, before whom he was brought by a writ of haitat rsrnur, the argument at which was made by said Magenia nlone in his own behalf, and on which argument said Msgenis was discharged ; and deponent further says that he was for two weeks prior to the above conSnemcnt an inmate of the same house with said Magenia. and that said Magenia waa during that time the object of much vile treatment from many persons, which irritated and excited said Magcnis. but that the brliel and opinion ot deponent is, that said Magenis is not, nor has he been, insane. LATHKOI* 8. HDDY. [ Sworn before me this llth )| day of January,' 184'.'. j SrssHsCK Psssoxs, ' Commissioner of Droils. Wiirrm Co.ncehts at Niblo's Gabde* ?The fascinating promenade concert?, which were no greatly the rage of our fashionables last winter, are about to be resumed, and a host of the most approved talent,both vocal nnd instrumental, are secured ?Sinclair will delight with his beautiful ballads, Franceschini with her highly finished style, Minn Sloman with her wondrous execution on the Piano forte, and the Germans with the full hurmonien of their wind instruments. Betides all ihie, here in the pro unmade in w hich we can enjoy the sight of hun,1-d= in i <" __.i miwo * iuuiiuii, null nnmere, anu iu occuiliy from the weathor: here is also the conservatory, amply supplied with all that is curious front every region of 'he globe ; in short, here can be found delight for the eye, the ear, lite taste, the imagination, and the judgment. These concerts were highly successful last winter, and cannot fail to be so again. Our warmest wir-hes attend them. Nearly a Cori-laghatio!*. A few nights ago the Bowery Theatre caught fire, and came near going by the board a third time. The audience rushed out in a terrible state of alarm. Theatrical Busirfss.?This branch #f business is again very dull. The Bowery is expected to close soon?the Park drags heavily?the Olympic trie* hard?and it teems that the Chatham ia the only one that gets along merrily Court of Common Plena. Before Judge I'lahoeflor. rttnjnmin HuUhinton v? Nat hernial Jackto* ?Tha plaintiff ia a carman On the 10th May lait he was i. v ?. - - -1 _i? uriTing iuiuu|u mum purci ai a kimw mc, worn a hacknev coach belonging to defendant dashed down Fultnn-atrect, on it* way to the ferry ; the plaintiff (topped hi* horse, but the wheel of the coach went over it* fore feet, hy which the fetleck joint of one of them was broken, and the animal soon afterward* died. The present action is for value ?Judgement for plaintiff $134 For plain* tiff Messrs Peter Wilson and 11. Richardson ; JamssT. Brady, K?q for defendant. Latbrt from Mrxico ?The Port of St. John the Baptist.in Tnbasco.has been declared open to foreign merchandise, by a decree of President Santa Ana Kx President Bustamente left l'uebla on the 29th of November, where he had been received with the greatest kindness and hospitality. U. S. Senators from Tennessee ?The Senate of Tennessee, by a party vote, have parsed a resolution electing on their part II L Tenney (L F.) and Brown, fVV ) as Senators of the United States.? The House will of course reject ibein. Sunnr.n Rise iwtheOhio River?The Cinc:n nati Republican Flutes that the Ohio River took a midden rise <m the morninir ot the 7ih inst. and be tor*- dark had risen ten feet The rise was bo uii expected that murli damage was done to property on the landing, on both aides of ths river. Out ol 500 barrels of s.ilt that hud beeo recently landed at the foot of Main street, upwards of It*) were washed away- The ln?s to the lumbermen has been very severe It is estimated th :t not |> -s than lOtHktu feet of lumber have been washed away, there having been iintnsrise quantities all along -hore, from Walnut street to Mill ( 'reek The loss of property on the Covington side is nl?- Teiy 1 ,tr ?, comprising about 100 barrels of pork.bOO kegs of lard, and 25 htuls. tobacco. Mobii.e Race*?Third <tnv?Jockey Club Purse JS'iVK), Twa Mile Heats. Thomas Watson's b. m. Maria Collier, ft year* 14. by Collier, diim Oallatin, 107 lb*. 3 1 I J. H (iarrison's b. f. Charming Molly, 3 years old,%? importe.t Shak<|>eNre,(ilam hy Men ieurToiiann.Sa lbs. . . I j 3 H. Clarkson's ? f. Letty Floyd. 4 years old, by imported Rowtan.dam Palmetlo,07 lbs. i dis. Time I 5?4 5?4 18. Fourth Day?Jockey Club Puree #1000, Four M le Heats?$"2<i0 to the second borne. I). Myet's h.k. Lord of I,em, ft year* old, by Argyle, out of the Duck Filly by Virginian, 110 pound*?(lilpwtrick, II Hen. T. B ftcntt'an.r. Ohmpii', 4 yeara old. by imported Ltizhorough, out of F.uloia by ParoWt, 100 tba. i 3 T Wation'i l?. c. Aroortonk,4 yaars old, by Wheeling Randolph, dam by im|*>rted En?oy, loo lbs. 's R. W. Wither'* eh. c. Caatro. 4 year# ol ', by imported Consul, dam Bertram!, * dis. T-:?. w in K :k> Filili Day?Jnrfcry Club /'iirtr $7"o- -Three Mile rie.it*-- #K*' >o the second h<?r*e. V. Johnton'l ch f. Martha Carter. 4 year* old by BertranJ. out of Holly Nay lor, 97 lha. I j | J. N. (iarriaon'a b f. L>' Hewitt. 3 i -mi oi l by Ivanhoe by Virginian, out of Princefi Ann [ by Monaieur Tonaon, 83 |b?. . . 4 13 John P. Bro? n'? h. f. Tom ll.iy. 4yrnr? old.by Borland out ol Bally M?lrilie by Virginian, KM |b??4 lbt. over, .... Time H 10 ?1? 10 fi 17 Fiar at Krad?korocoii,' Vt.?The Hat iu*t Far tnry at Uiadshniottgh, Vt .hel'meing to D.taaiaon A. Wore, *ai dcatr, yed lit lire on tho -Ith in*t. Part of the if i<idi were tared, htii t 'I of the nmhitrry WM destroyed. No infuraltc lltu Tn ot WiiRiMrox.-SiiKtB d^ith* in IV* crmb*T.