Newspaper of The New York Herald, February 26, 1842, Page 2

February 26, 1842 Tarihli The New York Herald Gazetesi Sayfa 2
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NEW YORK HERALD. I Nvw Vork, .Saturday, February Kfl. IMS, Slow York Lancet, No 0. The number of the Lsiwsf issued Una morning, con" tains:? Review ot' Ur. Ramvbolham's Werk on Midwifery. Review ot Dr. Motl's Travels. continuation of Mott's Surgical Lectures? Remarks ob thelate Dr. Butui?Kdilor's Comments. Editorial Articles on the Treatment of the Insane?the Revolution in Medical Periodic il Literal are, kc. Report of the Crosby street eliniqiu? Remarkable case of Salivation by Colchicum?Operation by Dr. Warren of Boston?Interesting Eitracts from the foreign Jour aais? Report of the Trustees ot the State Lunatic Asy ium?A Variety of Miscellaneous Items, he. he. Piica *3 per annum. Single copies, { cents each. To Medical Advertisers. The Ismcet now presents the best medium of addressing the medical profession. Its circulation is nearly three r, nfea weekly. and extendi to every section of the Union. Publishers of medical work*, surgical in. atmment makers, dentists, fcc., canuot fiud a morr desirable and useful vehicle for their announcements than this popular periodical. Druggists in the city cannot in any other way so effectively address country apothecaries, a great number of whom are practitioners, and snhscribers to the Loneet. To physicians themselves, who wish to dispose of their practice, procure assistants, or form partnerships, the Lan et affords unequalled opportunities of extensively communicating with their professional brethren. To professional young men desirous of obtaining situations the same facilities are offered. The various medicaj schools and colleges throughout the Union?candidates of private hospitals and infirmaries, fcc. should also avail themselves of the advantages thus presented. The Don ret n . w circulates in every considerable city and village throughout the Union. aT,,?i'_no? suture, one insertion, tl .M), Each additional insertion, $1; pcranuum,(14. One column, onn insertion, (19; each additional insertion, $6; per annum, (50. Bills stitch* d in on moderate terms. Three thousand copies requited. Hewn from Europe-Hews from Spain. Fears begin to be felt for the s&iety of the Caledonia. She hud not reached Button on Thursday afternoon last. That washer 'itftlr day out if she sailed on the 4th a? advertised. We are under no apprehension however respecting her. It is not to be expected that steamers can cross the ocean with the same regularity in the winter as in the summer. In act the Caledonia is no longer past her time than our southern mails often are during the year. And if there cannot be legul&rity on land we certainly ought not to expect uny en the ocean. Then there is a strong probability that she did not sail on the fourth. She may have been detained b_v order of government to await the movement of Lord Ashbnrton. He was to have left in a steam frigate on the 34th ult. bet as she has not arrived, it is possible that he was detained, and will come in the Caledonia, the day of sailing of which was most likely altered. In the meantime foreign news is arriving; in small lots to suit purchasers. Yesterday we received a little from England by the North America To-day we have, by ihe way of Havana, a little more from Spam?the dates from Cadiz being to (lie fifth ult. The Spanish papers contain the speech of Esparwo, the Regent, on the opening of the Cortes, which announced that all was comparatively quiet throughout the realmDon Yincente Sancho, had been appointed Minister Plenipotentiary to the Court of St. James. We shall publish an Extra Hf.hu.n the moment the news by the Caledonia reaches usTtie Wew York Lancet. The astonishing success with which this medical journal has Jreadv met, is another demonstration of the power of tne periodical press, when conducted on the cash principle with energy and independence. Frequent attempts have been made to establish weekly medical periodicals in this country, but they have uniformly and miserably failed. Whyl Th"y were under the domiuioa of some paltry citqut?and had not the general good of the profession at heart. And indeed, when the lxinctt was first announced, the intimation that it would not be the exclusive organ of any particular school or party, war received with the greatest distriK-t?the press had been so long traitor to the general interests of the profession, that medical men exclaimed, " Can any good thing come out of Nazareth T" and would not believe that the journal to which their support was solicited would really discover the honest chaiacter of independence. The profession re now, however, happily undeceived, and give very tangible evidence of their present state of feeling with regard to the Lancet. The number issued this morning is unusually interesting. Amongst other matter, it contains, we perceive, a good-humored review of Dr. Mott's booh of Travels. Severe Gale at Bermuda.?The Sylph arrived yesterday with Bermuda papers to the 17th instant. There was a severe eouth-east gale at that island on the 16;h- Fortunately the vessels in port at Hamilton and St. George, were but slightly damaged. It appears, however, that a ship and brig were driven ashore on the south side Captain Prud ien of the Sylph, reports having passed a ship on the rocks, which had the appearance of being a onthern packet from New Yor She had been dismasted at *??. and was making a harbor, the wind blowing a ({ale from S. E. when she weal ashore. She willkeatotal loss. There was also aa American brig on the rocky>, sunk and full of water. VVnaar i? Da Eldidgk 1?Tn- Philadelphia "Spi-4 nt of the Times," in noticing Dr. Motl's volume of travels, expresses regret at finding no mention of Dr. Kldridge, wh" arconpanied the venerable Professor during a great part of his interesting tour. When is Dr. Kldridg:'* volume of travels to appear 1 Semius m * Fa v atic?A young man named 'Nicholson, near Cincinnati, whose head was turned at a camp meeting last rammer, committed suicide the other cay A trac' entitled the *' Way to Salvation" was tonnd firmly clenched in the poor wretch's rigb. hand. Stssimi Iri iimw,-'The Irish llepeal Coavention. lately assembled at Philadelphia, after dismissing the discussions ot all controverted topics, passing votes of thanks to each other with great cordiality, and giving enthusiastic cheers for Dan O'Conne|l. Father Matthew, and the Philadelphia ladies, adjourned ?tn< die on Wednesday evening last. Mblaschouy ?Two interesting children of Mr. Kobert Hack master, of Williamsburgh, L. I., died a tew days ago, in consequence of eating christaUsed arsenic, which had been left on one of the wharves by a v-seel that recently dischui^t d lucre. ????? CoaT or JrrcRFBBAscs.?What is known as the 1 *' Mormon Wax" cost Missouri Somnch for inlerferias with the relnxious nriaeiples and e n acinic* of My wet. Baier Eii^iwt or * Navv?Wc leiro.hi t Cora. Moore of the Texan Navy liar captured the Mexican schooner ot war Eagle, one of the two beautiful vessel* built here for Santa An*. The other, it will be recollected, was lost on one of the Bahamas. That in about tlx month* the Mtxican navy waa bid:, organued and destroyed. Ti**o or Tutsn.?We are almost tired of returning thanks to llirndea Je Co., and to Mr. Mttttiken, ot'th* st?amer New Haven, lor Boston paper* " in advance of the mail." Toey lay a* under of ligations every day, nod hereafter we mast pay th< in nee a weak iionnem tw Morii.* ?Thr atore of James C<f ?i?f, in Mobile, tstf robbed on tho 13th in?. ot a largo amount of watches and jewelry. Five kmd d dollar* regard in offered for the rascala Tke Wall Html Prcw, To rut Eciiok or tniUualp. ffi a :? Now that yon lure paid your fee, tad taken oat a license for your future good behaviour, 1 think you here e right to ineiet that others, who haro tinned with a inu.-h higher hand than yourself, should also pay up and reform. Aud I do not hope to see you cower before theee mighty moralists, it ho have found so good an occasion to display their hypocrisy, as well as vexation at their unratified ni dignity, and disgrace thamselree in the ryes (of " all right thinking men." There is uo man so well quailihed to assist in the reformation ol others, as one who has reformed himself; and yon might now renture, with perfect propriety, on a thorough reformation ol these "common liars and libellers," who can aearcn name thair opponents without n aneer, or notice any promiuent man among them, without penning n slander. The burly one of Wail afreet, call* one of our State Senator* the most unmitigated of all scoundrels ; and why not make him pay for the honor he thnt confers upon that Senator, and the disgrace he inflict* on himself; for it u themselves, and nobody elee,after all, that libeller* disgrace. If all the felon* in the city should unite in calling me a thief, I should not feel under any obligation to teal; and it any man put lorth lie* about me, he must look after the maintenance of his own children, test they starve; for I should net feel bound to bestow any care on them- But we must give everyone hisdue. The Courier, a few days ago, had the grace not te claim credence for a most notorious taUehoed and libel on the country, which the author teemed impelled by some irresistible impulse from the father of libels to perpetrate, while noticing a Tyler meeting at Boston. It is just as instructing to see these editois defiling the language of rebuke, as it would be to see our pulpits filled by emissaries of Satan, affecting a regard for the salvation of souls, and prating about " ear holy religion"?an ereot far less improbable than a second general deluge, as long as these incumbents are rouudly paid for their services. You cannot effect the reformation of these editors any ton soon, either for their own goed or that of tue people whom they are often so deeply interested in causing to believe a lie. 1 am apprehensive that more people have be cone intoxicated, and lost their senses from imbibing the party-spirit diatilled from theae libel ries, than Irom any other inebriatingaource. They areeaaity cheated, when made drunk, and|become the pliant toola of knaves and cliquea, who, after making a degrading use of them, caat tham, aa it wese to the dogs. VV haterer there may hare been of wrong or false in it, 1 hare no donbt the Herald haa contained more truth* on aubjecta of general intereat ta the country, than all the party muchinea together. It acaroefy erer auita them to giro a faithful and true report of any transaction j but they often twist uad garble with intermingled comments for purposes of their own, till their atory is about aa near the color of the fact us brown ia to white. Whatever may have been your motive, your course haa interfered very aerioualy with thojc knavea who have been endeavoring by every speeiea of gambling intrigue to plunder the pr ople ot their aolid earnings, and give them air for them. In fact, every species of rascality has trembled at tiie name of the Herald. With regard to that little trespass on the respectability of the Court of Sessions, 1 think you paid about a fair price for it, whether from the natural instinct of iocofocoitm to oppose the malice of the pipelayers, or from a:iy other cause. 1 have no pleasure in the use of these terms, in designating the parties?nor have' I any hesitation in returning the coin which they put in circulation, by way oi deriding their opponent*, while they select some honied term for themselves. The appellations which they bestow on each other are about equally significant and equally becoming. However, injustice aad falsehood, though they may hare a loug career, cannot prosper torever; and roguery seems now pretty sternly called upon to settle up her long account, and we may hope that better days for honesty are coming. And if you can find time to attend to the reformition of these editors, there is certainly a good work before you. And what a remarkable circumstance it would be in the annals of repentance and reform, if you should be instrument*! in converting the Courier into a decent paper ! If you could only effect that object, 1 think all the rest would follow of course. The other editors would be ashamed, and hang their heads, at being ontdone in truth telling, decency, and gentlemanly deportment of the former of the Courier. Ueierin them by all means, but make them pay up if you can. filemproniut like, they scout the doctriae of" repudiation," but they wish to owe an everlasting debt. At all events let us no more hear them take in vain the name of Impaxtial Justice. P. S?By the way, 1 think the prospect of reformation is encouraging There was a very good article in the Courier of Saturday, on the subject of rem*, wh.c'u is well worthy of tba serious consideration of both landlords ana tenants, whose mutual interest it would deubtless be, to give these troublesome little botherations a pretty extensive Irish hoist. And there might be some very instructive little histories, chapters, and anecdotes read to landlords, exhibiting their past aud present policy, which might be quite useiul in the regulation of their future course. About twenty year* ago, perhaps, a penile man owning a small row of houses in Suffolk street, endeavored, likeo her landlords, to got the highe-;t icnts he could for them. He was troubled with bad tenant* and non-payments to such a degree,that he changed his'policy, seught for a good man and offered him a cheap rent, and requested bis aid in finding other similar tenants on the i-ame favorable terms, which aid was readily granted. The houses have been occupied by the sime tenants for fifteen years, and well taken circ of, and always at a cheap rent, and the landlord thinks he has made a good bargain. Review of llooka, &r. Cti 4ftbr on Chvhchyards . ? Ify Ca-oint South' ty. Wiley tc Putnam publishers.?A series of tales, full of the gentle and affectionate spirit of the authoress. There is a quiet pathos in ihe ' Grave of the Hroken Heart" that commends the simple story to every lender heart. War asp Pea?.-Jj H'iUiam Jay.?Wiley & l'utnain. A temperate, eloquent and forcible commentary on the evils of War; and a description of a plan by which nations may be induced to settle their disputes without the expense of blood and gunpowder. Lectures oiv Aorioulture, Ciiemistrt asp Gxox.ecv?If iVy 4" Putnam.?This is a very valuable work, and one that should be in the library of every farmer. We are glad to see that the spirit (or agricultural improvement is abroad in the community, and the more lectures on the subject ths better. Abolition or Capital Punishment?By Jamc? Foulhongt?Hunt, 101 Msrket street, Philadelphia, publisher. Capital Punishment Sustahctd bv Reason and the Wonp or Hen?By fin-. IVilliam Pulton, I). D? Dayton ft Newman, N. Y. Argument- riro and con the abolition of punishment by dsata. Let the students of this qutstio cexata read both pamphlets. MoiiMomjm Exposed? Hy the New York lYafc'iman? A colllrtion of extracts from ihe writings of his Excellency, .loe Smith and several of hia followers, from which the Watchman endeavors to prove the Mormons to be great blasphemers, and very food of mousy, to the disregard sometimes of the orthodox notions of mrum and (tmm Historv or Napoleon, Ne. 7 ?Geo. 1. Curry tf Co. lt?7 lii oadtcay.?The present number of this beautiful editien of the Emperor, maintain* the hieh ehiraerer of the work Ths ... very spirited. comnxte Work* of Box, No. 7.?Gtorgr 1.. Curry & Co -'1 hi* number contain* the continuation ??f Nicholas Nlckleby. Hurt's Librakt or Commerce ? Puhhthrd monthly at the officf. So. 112 Fultmi sfrerf, Stir York, ,Yo. 1.?This work propose* to combine in addition to copious statistical work* on all matter* connected with trad* *ad commerce, interesting detail* respecting the specific articles of traffic, essay* on bunking, currency, exchange, a* well as mercantile law nnd marine insurance, together with historical notices of the rise nnd progress of commercial enterp ne in all p*H* of the world, ancient and modern, aud a mass of miscellaneous mercantile literature, which must prore hijjhly acceptable to all classes of mercantile men fo the geneial reader, also, such a publication must be Interesting, embracing as it will, much of the details of the progress of civilisation Nkw l.ninon or rue America* Kttcrctoennia, No.7-Ur?. /.. furry 4- Co., Puhlithm?An evrellunt edition of a work of great and acknowledged utility a I a t an, N0. 7 ?Geo. /,. Curry A* Co ?A neat and very cheap edition o| the nuntiij novels of the author of the ' ^pr The present number con<ains the second volume of that thrilling story the " Red Rover " " Remarks o* the Phivoim.es of FartTRAnr? IJohn II Eatlbum, H,aton. Puiththtr? An nnnny nous and rather slap-dash review o| Mr. Racuet'a ururir on in* impoiiej nt |MIUmiUl| riutiea, I puliliahcd in the laat number of Hunt'* Magazine I A Natiomi. Bai?? ok No Bark?By John R li trti -VV K. D-an,2 Ann afreet, publiaher? One of lb ' thoutand ephemeral* on tbia exciting aaljert, ' Miid only one o I tbeni. Rkpokt nr tri Di*?? aim* to Crarlc* Dircani in Boston ?K ported by the Reporter* of tne Hofihnu Poet. R-port nf n "Dinner 1 No; b it of the peeehe# after it, which lure been, it i* utated, " reri?f <1 by ibeir anthore;" and to tbote wbo read ihera in tbe pamphlet may be a**ared of tbeir ntheatieity AlfeMf, [Corrtapoudracc Of Mm fir raid.] Auifr, I;eb.2), 1812. Ia the A??km?lt to-day, Mr.U'Suuiua pretented a number of petition! ia favor of the abolition of capital puaiihmcnt. Mr D. E. F J owe* prevented a petition from Uen E. Baldwin and other*, of the city of New York, in favor of the rechartering of the North River Bank. Al*o for aa alteration in the rxittiag qaa-antine law*. ??r. I/ate sac. pre*' ni'-a a pnmnn imm me cny of Hudson, proving tbe Government to interfere in behalf of the Patriot prisoner* at Van Dieman's LandPetitions are daily received for the formation of new counties, there being uo less than fuur asked to be ereeted. A bill was reported allowing the Utica and Seheucctadv Railroad to earry freight. A number of local hills, mainly providing for the extension of the time allowed for the collection of taxes, were read a third lime and passed. Tbe House, in committee of the whole, resumed the consideration of the election law. This voluminous bill has already occupied the House for a week, and there is no prospect of its being got completely through with in a less period. A num. ber of amendments were adopted, and conaiderable progress made in the bill, when Air. Davesac moved the amendment so as to provide against tickets on whioh there were more names than officers to be ehosen, being lost. Mr. Wkih alluded to a case in the city of New York last fall, wherein Mr Sanford lost his election by a whig fraud, in circulating locofoco tickets on A'hich there were fourteen names. Mr. Chamek objected to any legislation to prevent frauds ; it was dangerous?it generally assisted them. All that was nsccssary was that tbe voter, if he oonld read, should look at his ballots. Mr. Swackhamek sustained the amendment of his colleague, and particularised frauds similar to those aliened to by Mr. Weir. An amendment was then offered, making the principle only applicable to the city and county of New York. Mr. Loomis thought he must rote against it, on the ground that it took away the certainty of election? roters wouid be lrss vigilant as regards their bullets. Again, a candidate might solicit an individual's rote, and he, being favorably disposed towards him, might reply?" 1 will put your name on my tieket, and yon can run your chance of being rejected or adopted." He thenght the principle wrong, and shou d rote against the amendment. Mr. Dix then offered an amendment that no person shall fraudulently or deceitfully change or alter the ballot of an elector, to which Mr. Loomis moved to add, "nor shall furnish to an elector any ballot containing more than the propel number of names, with intent to have such ballot cast out, or nut counted." The amendment was adopted. A motion was then made that the committee rise and report, which was carried. A report was presented by the Speaker from the COmmifasinnerii of thi? \nrth#rn OiBn^inurv nf tht* city of New York. A communication wui received from George P Barker, Attorney General, tendering his acknowledgement! for the honor conferred on him in selecting him for that office. A message was received from the Governor submilting resolutions of the State of South Carolina, in reference to the public domain. The Senate were occupied during the greater part iu a discussion relative to the message of the Governor, relative to the South Carolina resolutions. Some private and local bills were then acted on. Thus was the day lost in the idle and unprofitable discussion o( another frivolous point, for such was the nature of the one at issue in this debate. In this matter our sages of the Senate far exoel their youager brethren of the Assembly. The chances in favor of a short session grow fainter and feebler daily. Resolutions for afternoon sessions have been several times voted down. Whilst on this subject, 1 cannot refrain from remarking that it would look at least far more consistent to see members, who were more in thsir seats, forward in offering these resolutions, than those who are so inattentive to legislative duties as some of the fr-ntlvmen who hare been active in this matter. But so it is. The weather has become mild again, and the river in front of the city, and as far as the eye can reach, is free from ice, and a continuance of a few days of the mild weather will bring a steamboat to our wharves again. Business is dull, much more so than usual This is probably, owing to the had travelling, which has prevented a great many farmers from comiag to town. The ball of the Burgesses Corps at Stanwix Hall, last evening, was a most brilliant affair. The ball of this spirited company, has always been aonsidered the crack one of the season, nor were they behind on this occasion. It was a complete jam, com prising &u ine oeauty and fashion of this ancient city, and the is by no means in the back ground in this particular. Ilis excellency, th.'Governor, his military lamily, the State barber, and other distinguished individuals of that ilk, besides a number of members of the legislature, were present, enjoying and participating in the festivities of the evening. The various military gentlemen of the neighborhood, were uUo on band. Every thing, the arrangements, the supper, etc., was in the best possible taste, and the company broke up at a late hour, high y pleased and gratified wi h the evening's en* joyments. This company have just adopted a most splendid ui.foim, red coat and bear-skin cap Oa the plate in front of the cap, ia the city arms, and on tne medallion, is u likeness of Gen. Gansevoort, the hero of Fort Stanwix, during the war against Brant and the Six Nations. CavkUlciscar. Hnrrlsburg, [Correspondence of the Herald.] IIarrisbuho, Feb. 24?11 o'clock A. M. Bank Bill, tft. I hasten to inform jou that the Bank Bill l as this moment passed the Senate on final reading, by a vote of 20 to 11. An tffort was made to go into committee of the whole upon it, for the purpose of amending so as to extend the time to the first of August, but failed. It is said that since the late bill passed the House thete has been such a change in that body that ao bill that might be sent from the Senate requiring an immediate resumption, could pass that body Relying upon this, some have voted for this bill who do not want a resumption. Such has been the coarse of proceeding on this bill, that whether the a?ove suspicion be true or not, I am lead to believe that no Bank Bill will be passed this session of the Legislature, and should a bill pass, it' it requires an immediate resumption, it will be arrested by the vet? of the Governor. Stoakob.?It is reported that the Royal Mail Steamer Solway appeared oil New Orleans, remained their thirty hours, and departed without leaving the mail. And the Forth.landed her mai' and started without. Poor arrangement this. Da.voers or the Deep-?The Ann Louisa, from Newcastle, bad a very boisterons passage. On the Kith instant, in lat 30 35, Ion. 10, in a gale of wind shipped a sea, which carried away bulwarks, threw Mr. Adams, the mate, on the deck and broke his neck. The Raisers gave a splendid Concert last evening at the City Hotel, which was very respectably attended. The minstrels appeared in their magnificent summer coatume of the Tyrol, and several of their chorusses were rapturously and deservedly encered. isterxstiho to Thavkli.ers.?All the r&ilread lin?e?the Mohawk, the Utica and Schenectady, Uticn and Syracuse, Syracuse and Auburn, Auburn and Rochester.and Rochester and Ilatavia?start two trains through daily on and after the 1st of March Shoceiso ?In sandwich, N. H. on the 5:h inst , Mrs. Hannah C. IVebtter, in a lit of derangruent, drowned herself and babe Not Guiltv.?Alexander Ballon did not murder William uocKneii in i>ew urteans, lust November, j Chatham Th*atrk.?This evening is set apart for the benefit of the charming Managrets of this popular Theatre. The bill for the occasion preaenta a variety of entertainments seldom concentrated in one evening. Five favorite pieces are announced, in four of which Mrs- Thome appears. The entertainment concludes with Jack 8heppnrd, which has been got up in a style that reflects great credit upon the manager. Mrs. Thorne, in the personation of the bold and dashing outlaw, is unrivalled, and the , intense interest of the piece is greatly enhanced by he strfktng truth of her delineation of the character. The attractiona of the bill, aa well as the deserved popularity of the lady, will doubtless ensure a full honse ; and, in the words of a late popular comedian, we may add " Like a tr?t, f*u o( coals shs'll glow, A $Tft Jutl bona* to ? An 1 if ihf'i not A grit/ipl the mint OtMnl SiHtoni, Pretest, His Honor toe iteco.der, Judges Lynch andNosb, sod Aldermen pollock and Balis. Fes. 25?Atitae opening of the Const, the Br. colder proceeded to charge thr jury iu the case ul Assory and Leeds. Alter readtug the indictment and reviewing the fact* as presented hy the witnesses of both (ariies, he passed to the statute that should govern the decisiou of the jury in the case. He contended that in the first place, the representation must be shown to be lalse; secondly, that the representation was made with a fraudulent latent; thirdly, that the false representation constituted a material inducement for the ciedit; fourthly, that it must relate to a fact existing at the time <1 the contract, in which the false pretence is nllegcd 10 have been made,and not ton promise lor future performance ot its provisions; and fifthly, that every falsehood is uot such a false pretence as was ....(.....l.l.a h? , l.U II. thon

the bearwgof these particular points upon the case before the court, and showed thut although all crime has its foundation in wicked intent, which id expressly shown as a necessary attendant of the act, yet the fraudulent intent should not be inferred trout light and triv.al circumstances, but should be clearly and distinctly made out to the satisfaction el the jaiy. lie th. n dissected the evidence as presented by the counsel for the prosecution, aud pointed out the airong portions ot their testimony on which they bad relied to convict the defendants of false ptetencss. The first point alleged by them was that delendaata must nave kaown that the eleven coses of woo.lenclotha, forming the foundation of this indictment, and entered on the invoice given to the Haggerty'a as m the atore of Amory & Leeds, in Pine street, Were not these, because they had not paid the duties upon them and because they had procured insuraaee on them as having been burned iu the public store, and received such insurance money after their destruction and converted it te their own use. That such less was not communicated to the prosecutors until the failure of defendants?that portions of goods invoiced to Haggerty's were, pledged to other auctioneers for advances, and that fraudulent intent could be inferred from the negligence of defendants in not having a knowledge of the location of the goods invoiced. He then passed to the defence, in whieh he said it was shown thut ihe invoice given to Haggerty was made out by Mr. Snow, eue of the clerua of Amory & Leeds, in good faith, as delivered by Mr. ?J. . 1... I I- .I I alio that Snow was oidered to make oat auch invoice entirely .from good* in the store of Amory & Leed<, in Pine street. That there could he no motive in the defendants to make a misrepresentation as to these eleven cases because they had at thii very time goods amounting in value to $370,00 > iu their sture in Pine street from whence they directed the invoice to be made That they were ignorant that the eleven cases were in the public store, because they kept no book or memoiaodadescribing goods in those stores, until after the fire in which the eleven cases were destroyed, and that thf-y therefore depended entirely upou their clerks as to a knowledge ol the location of goods. That one of the defendant* was not even aware of the loas of the goods on the public stores, until enquiry at the North American Insurance Company, of which he was a director, the morning after the fire, as to the loss .of the Company He was then|informed that their firm was among the losers, and the gooda burned, including the eleven cases were then mentioned. That from the nature and extent of their large business, it was next to an impossibility for them to be able personally to keep the precise location of every bale of goods consigned to them, as at various periods goods were in numbers of the public stores as welt as elsewhere, lie showed that defendants had seat goods to the amount of ?104,000 to the store in New street in the mouths of Apiil and May, 1840, as per agreement and invoice, and that therefore they had acted in good faith, and performed their contract, because they had substituted goods in place of thoae that had been removed. He then referred to the statement made relative to the key of this store, and justified the conduct of defendants in depositing it with Brown and Brothers after their failure, in order that those to whom the goods properly belonged could obtain them, Mr. Haggerty than having iiis claim among others. He showed that the amount of goods taken from the Piue street store by the Haggetty's, together with the goods iu the New street store, would have fully secured the amount 111 iuc ftuvAiiLc iu4uc m iuc imiisen) aun me Vtci-mber invoice, as combined,"iney were wurth $131,000 lie then passed tothe frank and honorable course of Mr. Aniory relative to the delivery to the|Haggeriy's of the cases of shawls that he had accidentally discovered to be in ike public store in October; his expressions of gratification at snch an opportunity to aid in securing that firm; and that the fact of his immediately stepping forward, paying the duties on these goods, and forwarding them to the Haggcrty's, showed aught but an intent to take any advantage. He pointed out the glaring fact, lhat from December, 1839, to Jnne, IS It), the prosecutors could have annulled their eontract at any time, and tully secured themselves by taking possession of the amount cf their invoice which was a little over $100,000. That their store contained, durmg all this time, goods to the value of over $300,000, sny of which were liable to be taken Doskessinn nf k? ik? U?.. .. ' - - ^ ?- "J ?ViiQg gertjr's in place of those inserted in the original invoice. He then asked how it coqld be inferred that those defendants intended fraud under such circumstances 1 The contract entered into be tween Amory & Leeds and the Haggesty's, that governed all their transactions relative to advances, was then referred to. He said that a curious question arises uuder that contract, which was whether the advances wore made upon the representation of an existing fact or based upon a promise to do a future act 1 He then in illustration stated that the invoice, although prepared and delivered, did not nor was it intended to vast tbo property in the HaggeriyV, because they did not take possession. That this contract allowed the defendant to soil the property entered on the invoice givsn to Haggtrty'f, to remove it, to dispose of it altogether, or in any way so long hi they re?laced such goods by others of equal value, f, therefore, this contract was msde for the performance of an act iu future and of the alleged false pretence consists solely in not performing the contract,the violation of it is not within the meao.ng of the statute; for, supposing that the'y had sold all the goods in the invoice and had not repUeed any of them, they would be guilty only of a breach of contract, and not indictable for a false pretence But the proseeatioa allege that these eleven cases cf woollens were in the public store and not in 63 Pine street as registered in the invoice. This is true, but the delivery of the invoice to the Haggerty's gave them as good a title to the goods as if in the Pine street store, with the exception of the duties, and even if they had been sold, all that was required of defendants by this contract was to replace other goods of like value. He concluded by referring to the character and standing of defendants, ns testified to by tho?e whom he siid he should be proud to claim as his friends and acquaintances, and en treated the jury to weigh all the eircumitancei, evidence and law in the balance of jaetice, and re turn euch a verdict a* would be in accordance with their oonvictions and conscience. The jury then retired, it being two o'clock, and remained out until fire, when being eent for, they stated they could not agree, and alter eome explanation as to several points of law, they returned for the night. All the Court adjourned to meet this morning at!) o'clock. P. 8 At the hour of ten last evening we learned from rumor that the Jury stood eleven for aequiital and one for conviction. During the morning William Maher, William Patks and Manning Kelly, who were convicted of an aggravated assault and battery on Daniel Bewigboute, the proprietor of an exhibition of deformed animals, ia the Bowery, on new years' eve, were tent up for Ik) days ; and John Lord, for the same ofTence, to the city prison for 10 days. Court of Common Pleas. Before Judge Ul-hoeffer. Mark K Hamilton, vt. Alrraham I 'otbui gh and Alfred Roach ? In the year 1810, a aistar of plaintiff (Eliaa Hamilton) set out. aa the supposed, to make a fortune, by hiring the Hallock House, corner of IIfade street and Broadway, and keeping boarders. After being there five months without paying aiy rent, the landlord (Mr. Gemmel) sciz;d her furniture for the first quarter due; bat ii rat redeemed, and forthwith sent away, aad the house given up. Mr Voiburgh had lent her $10;), on which ba sued and got out execution. The officer, Mr. Roach, found a lot of the same furniture he had seized on the landlord's warrant, stowed away in a hayloft at plaintiffs premises in West street. The hens had roosted en the chairs, and every thing looked as if the real owner bnt seldom had access to lhem. They were takra on the execution, and sold ; what was averted by plaiatiff to be worth $200, only bringing 40. The present action was then instituted, Mr. Hamilton declaring that the furniture really belonged to himself, it having been made over by his sister for money lent to release the distress warrant, and for groceries. The Jury gave a verdict in favor of plaiatiff, for $125 damages and 6 cents costs. For plaintiff, Mr. Cowlesand Mr Van Namee? Mr. Talmage nnd Mr. A Vanderpoel for defendant. Thk New Yob* Harmosirt* gatf their Third Concert last evening at the Society Library. The new glee " There'a a Charm ia Spring," words by Dickens, and arranged by Mr. C. F. Horn, and in which Mr. Massett sustained his part with great effect, was eery biilliantly executed. I)sri.i*rsTMr Hoson ?The Rev. Joha Pierpont, of Rcston, declines being the abolition candidate tor Governomor of Massachusetts. c*ut mt Cmubm Pleas. lie lose Judge ieglis. Feb. 2f ?Alexandtr Dearborn re John Pry--' Krery person stall acquainted with Naw York, has oilen hoard of tha celebrated Captain Clark, far many years at the head of the EJdridgo street watch He died somewhere about the year 1833, leering a handsome property to bis widow and two daughters. His paitoer soon followed him, bequeathing her estate to her children. The girls were of extraordinary sixe as to person, and one of ihem (Kebccca Ann) as d-fieieat in mental cipacity as orerproportioxed in weirht of fl>-ah. she being, in lart,'au iinbecils, but remarkably kale aad florid looking, and weighing nearly or quite 300 lb?. At tbe age of twenty-three, (he bad a doll, which was her chief amusement, and cried for trifles and toys equally with a child of three years old. This daughter, the mother considered an object of the deepest care, and left to her the largest share of tbe property The sister married a gentleman named Knowlton. About the year 1877, the defendant in this case, Mr. Fry, prevailed upon Rebecoa Ann to " unite her lortune with his," (the latter was small by the vay)?well knowing that her property was worth possessing, even if all the world, and himself to boot, did net consider the lady a help " meet," for him?though even io that respect tastes and opinions differ! He thus obtained control of her estate during her life time, but that was uncertain, particularly, as, trom her unwieldy form, she could not ..rces or undress herself, or even tie her own shoes. He induced her, therefore, to sign a deed, whereby Fry and wife old the property in question to a friend of his named Martin Luff; and the day following the de liveiy of the deed, Luff reconveyed the estate to Jehu Fry in person thus cutting oif the wffe from iior inneniance. irira. r . du an auui in r turning, sister to her mother, who the latter, on her dying bed, admoniahed her to consult and confide in whenever she wanted a friend. After getting the property into hie own hand*, it is taid, ordeis were given that Mra. F. should not associate with her relatives. She, however, on discovering what she had been prevailed upon, under plausible representations, to do, left her husband, and went to this aunt at Long island, having lived with him but a very few months. Her sister, and her sister's hasbaud, were about going to Natchez, Miss., and she accompanied them hither, but was attacked with apoplexy a year ago at that place and died, being in her 28th year. Of the property owned by Rebecca Ann Clarit, in her own right, at the time of her marriage with Fry, was ihe vaiuabla estate 211 Broome street, (corner Norfolk) now occupied as ?t grosery store by Mr. David T. Pershali, and as a dwelling. It was then improved by her cousin, S. H. Feeks, in connection with the present occupant, being the lirm of Feeks At Pershali. When the conveyance to Luff became known, and Mrs. Fry had leit her husband, Mr. Feeks, as her next friend, entered proceedings on her own account, in the Court of Chancery to get back the property. Fry, however, ordered them from the premises, and, in 1340, gave a lease to Mr. Dearborn, plaintiff in this suit, lor one vear certain, with a nriiilcirc on hi* naif for two year* longer, should he so eleet. After the deata of Mrs. Fry, her *iiter laid claim as heir at law?(a partial compromise had been effected)? and the plaintiff, in October last, was foicibly ejected trnm t ie premises?his stock of groceries put into the street, and great injury caused to him from the loss ef his stand and being thrown out of business. He, therefore, brings the present action against Fry, te recover damages for fraud a id deception exercised by him iu giving a lease oJ property for which he was not duly authorized On the part oi the defence, it was contended, in the first place, that the lease was not binding for more than one year, the revised statutes declaring that an implied contract shall not be valid; and, secondly, that he had a perfect right, under the deed from Luff, to give the lease, having stated to plaintiff, at the time of his taking it, that the property was ia dispute. The oause was ably conducted by those two young gladiators of the law, James T. Brady aad Horace F.Clark. After the summing ap, Judge Inglis decided that he would not charge the Jury unti Monday, (this being argument day) and the City Intelligence. Wm. B. Townschd ?This person, known at oae of the editors of the " New York Express," not appearing at the Police Office yesterday morning as he had promised, officer Denniaton, who had allowed him to depart on his " parole of honor," made search for him about half past four in the afternoon, and brought him again to the Tombs. Mr. Natha* niel Maish, who we understand is one of the clerks n the Poet Office, and who was formerly engaged in the Express office, appeared and entered security in the sum of $2,000, for his appearance at the Court of General Sessions or Oyer and Terminer. The Messrs. Brooks have nit yet returned from Wash, ington. Sevestees Sovereigns Sewed up is a Petticoat ?Mrs. Anastacia Uuntan, of No. 2r6 Front st. s ated at the Police Office yesterday, that a few we eks since, as she was at out leav ing the eity for a short time, she enclosed seventeen sovereigns in a nice quilted petticoat, for safe keeping, and then placed the garment in the hands of Mrs. Ellen Keel< er. an acquaintance of hers, to keep in possession until she relumed. A few days since, on arriving in the city, she found the article of dress all safe and sound, but the attractive gold had escaped, cither by mortal aid or some other power unaccouutable to her. She accordingly prayed that Mrs. Keeler might be arrested, which was done. She denies the crime, and it will be troublesome to prove it against her. A rxjce Keeper Arrested.?When one of those notorious characters are arrested, the public at large receive a general benefit, as the existence of their estab ished receptacles of stolen goods hold out more inducements for thieves to carry on their fraudulent practices than all other promptings to crime. Officers Colvin and Frank Smith therefore deserve much credit for the arrest ?>f one of these rogues named John McAfee, who has kept a "fence" for a length of time in Hubert street, one door from West. They found a quantity of old and new iron on his premises that nad been stolen from Mr. Browning, No. 96 North Moore street, and from David Forbes, No 100 the same street. The iron was identified as that taken frnm ih?m. and M.._ Afee locked up to answer how be came by it. Small Potatoe Thieves.?Mr .mEmett stole a coat from Caroline Parker, No. 9!) Greenwich street yesterday. William Render, a boy, stole a whip from the waggon of John Carr, No. 543 Broadway, both of whom were locked up. Powder Thieves ?The magazine of Charles J. Slowell, at Bushwick, L. I., has recently been broken np and powder removed at several different periods. Officer Parker, of the fourth ward, took the matter in hand a lew days since, and succeeded yesterday in arresting William GilMartin and Brian Quia, two old Jammy Twitchers, who had offered some of the identical powder they h id stolen, for sale at Seymour's, in Chatham street. They were both sent below. Ice is the River.?The Hudson is open to Coxsackte. Neoho Trovble at Jam aica ? Further particulars respecting the rising of the negroes nt Jamaica, which mas noticed in our recent news from Havana, have reached town. The colored subjects of Queen Victoria, in the islaad of Jamaica, had defeated Her Majesty's troop* in s pitched battle, and compelled the Governor and Commander-inChief to fly. It appears the Captain General of Cuba was iaformeJ last week that the Jamaica negroes meditated a descent on the south side of Cuba, whereupon he got transports ready, and caused troops to embark ; and it was said the whole would aail for St. Jago on the 12th inst. The Courier is ineliued to snspect that the risiag and the fighting of the negroes in Jamaica barn been got up expressly by certain English fanatics, the batter to cloak their designs on Cuba.?.VneOrr.int fl'xUrtin Bankrupt List. NORTHERN DISTRICT Of NEW YORK, trad Brickett, Buffalo, to be declared bankrupt March J2 ; Anmi R R Alexander Butler, do ; Charle* E BilliiiKO, Trenton, do ; Jeremiah O Burlingame, do, March 17; Klarel Crotby.jr, Lyona, March 3J: John R Caaa, Tror, March 18 ; Cheater P Card, Caniiliu*. March IB ; John Dixaon, Richmond, March 31 j Joel Dickimon, Odder, March #; Ethan A Denell, Malta, March 39; Barton Denton,March 38 ; Doloaa Earll. Skaneet l.iaa, March IB ; William Galea, lialfmoon, March 39; Sath H Oroorenor, Buffalo, March 31 : Charlea Ilaquetabourg. do, March 13 : Theodore Hequanibonrr, do, do ; Daniel M Hodrea, do, March 34 ; Marvin Hendrraon, Oawexo, March 19 ; Freeman Hicka, Srracuae, do ; Km eraon Hall, Berlin, do ; Aaron II Hart, Frrdonia, March 39 ; Ira A Lihbr, Rocheater. March 34 ; Thomai Moaea, Auborn, March 38 ; Abel Meeker. Bellaton Spa, March 39 ; Jonaa Mann, Ueddit, March 34 ; Charlea H Merritt, Norwich. March 31 : Samuel Moody, Almlra, March 30 ; Robert If Maynard, Buffalo, March 33 SOUTHERN DISTRICT OF NEW YORK. Charlea S Stout, New York, to be declared bankrupt Marck 36; John Beaton, do, do ; Roicow Colo, do, do; Samuel Thompson, do. do Henry M Caldwell, do, do; Thomaa Barnard,do, do ; Win D Judion, do, March 81 ; E lward 8 Jndaon, do, do; Edward Hull, jr, Brooklyn, M.rrt, 14 Will,am Hull a. J- . i\ 11 - ?? v? 1 1 Nc? Rochellr. do j Henry 8 Jenningi, Sag HuWr, do ; Jubor. Maion, Norlhfiald, 8.1., do , Walter Bicker, Brooklyn, April J. .. 99" TneMrion'i Banc Nora Darterou la pnhlULod thu morning, at W Wall atrent. Tbla nukiber rontalna a valuable table of failure! of different Banka, an,I the day the newt reached thia oity. Tke quotation! throughcut caa b? telied upon. I POSTSCRIPT. WulU?gtM. tCerrrapoodtne* of Um Herald.) Washimto*, Feb. 21. Proceedings In the icnate?Case In the Snpreme Con.t. la ike Senate this moninr ?f'?? ? ? ?? ? _ ? > ?? -?v inncbkhob of petitions and reports, Mr. Preston made an unsuccessful attempt to get up the bill relating to the District Banks. A resolution to establish a joint role coufiaing amendments to appropriation bills to objects provided by law, was under consideration, when a message was received from the House of Representatives, bf Mr. Matthew St. Clair Clarke, their Clerk, informing the Senate of the melancholy intelligence of the death of the Hon. Lewis Williams, member of the House from the State of North Carolina, and inviting the Senate to attend his funeral, to-morrow at 12 o'clock, M.frointhe Hall of t ie House of Representatives. Mr Graham rose and said he had a few observations to make upon the melancholy event whieh had jest heen announced The death of his esteemed friend was the result ef a violent attack ef gii>?ui pleurisy, wmch proved to be beyond ell remedy, end teraieeled fatally in the short space of lbi;ty-iix huare. Oe Monday, Mr. Williams wee in hie piece in the Honee of Representatives, until the adjournment, end on Wednesday at noon he wee e lifeless corpse. A dreadful lesson is taught us by this sudden end unexpected calamity. It presents an occasion for solemn reflection, when we see amen struck down by the hand of death, while almost, as it were, in the harness ef his public labors. Mr. Williams had spent a large portion of hie life in the public carries, and had erer enjoy* d the confidence of his eeuntry. 'He was born in the county of Surry, in North Carolina, and there his residence always continued. His education was liberal, baring graduated at the Unirersity of bis nntire State, and subsequently spent some time there as tutor. Haring resolved upon embracing a public career, he was, in 1*14, returned as member of the General Assembly of his natire State; aud, though a yoang man, he to* k an active and prominent part ia business. Ial8l5, he was elected member of the House of Re presentatives for the Thirteenth Congressional District. And from that time tc the present, he has been uniformly returned by the same constituency. Of his legislative history it ia unnecessary to speak here among his msociatas, and those who knew him, perhaps, better than his Colleague who now addresses you. The history ef his aets will be found incorporated with the history of his country for more than a quarter of a century past. It is written in the journals of Congress?in the reports of its committees, and in all ue published proceeding* and debates. Few meu were more industriously 01 ardently devoted to public business than he wee. Few men have ever continued so long to represent the same constituency; few men were so useful, 1 may say, so invaluable a Representative, or ao faithful to the interests of those who sent him there. A man ef patient, laborious, and investigating mind, by his long axperience, his enlightened views and his devotion to the public interests, he was en* of the most-useful counsellors in either branek of Congress. But, eir, it was not so mneb for the talents which he displayed, as tor his character as a man, that he waa esteemed. I have known him long; and 1 will venture to assert that there was net a man of more pare end elevated ebaraeter than he. Always a moral, late in life he became a religious man. Hie conduct was uniformly marked by a conscientious regard for the strict perfermauce ot hie pnblie and private duties, llis course of public conduet waa open, manly, ingenuous. By this he secured the approbation of his constituents; and bia frienda, from whom he received many a tributa, not only ef respeet, but of affection, llis firmness, his honesty, his faithfulness in the public service, were proverbial. Few men enjoyed, to sueh an unlimited degree, me connaence oi all who know bin, and the intelligence of thi? melancholy event will be received by hie numerous friend* and acquaintances with the deepest regret. His intercourse with his immediate constituents 1 have witnessed. Never was there a man more warmly cherished in their affection, and never was there a man who better repaid their confidence and esteem by a devoted attention to their interests. But in the cireie of private life his character was beyond all praise; and although he never contracted the relations of married lite, yet there are those who will hear of his death with as deep feelings ef grief as the nearest relative. He was a member of a numerous family, the head of which was distinguished for bin patriotism in the war of the revolution. Of bis brothers, one was distinguished in thepublie councils of his country, and others in the councils of their own States. His brother, Col. J oho Williams, is well known to the country at urge for his gallantry in the late war, as well as for his services as Senator here; another,and a twin brother, is jedge of the courts in rennessee; another, a resident ib North Carolina, is well known as one of the most liberal and high minded of men. Upon these numerous relations, the intelligence will fall like the thunder from the cloudless skies, so unexpected will be the shock. His httlth, though heretofore impaired by his arduous duties, was presumed to be better than it had heretofore been. But hia friends will have the consolation of knowing that his sufferings, though severe, were of short dura uon; mat ne met his fate with the calmness aad resignation of a Christian, rejoicing in the consciousness of a well spent life, and with the blessed hope of a blissful immortality beycad the grave. After some observations from Mr. Ciay, the cueternary resolutions were adopted, and the Senate adjourned. The New York Commission on the abases in the Custom House, will report next week. There baa been much delay, but it seems to have been anavoidable. A mass of documents has been necessarily subjected to examination ; and, as nothing will be said without reference to the card, it is natnral to suppose tb at great care has been taken to make the averments conformable to the facts. Gov. Poindexter has ju9t bought a fine house ill G. street, and intends to make Washington his permanent residence. As he is a sound Constitutional lawyer, it is expected that he will argue causes in the Supreme Court of the United States. In the Supreme Court to-day, Mr. Lxoaaa, the Attorney General, moved that the case of the United States vs. Samuel Wood, be set down for argument on Tuesday next, lie said tho Court would recol leet that when this case came up on the calender in its regular course, the parties were not prepared, and it had gone down to be reached in its turcThe object in wishing it taken up on that day, wu, that a large amount of property wu suffering from moths, being woollen goods, and that although great care had been used in attempts to keep them in good order, yet another season was coming on, in which they would be exposed to the game enemy. n .fnLiuj.i.L^ ? mi. L/?DWAi4.tuH, ui iniii>?cipi]ia Drietiy confirmed what the Diatrict Attorney had Hated, and remarked that there weie 29 in voices, which formed e part of the record, which were not here, which it was desirable should be produced before the triaL Mr. CaiTTKSDEK, on behalf of the claimants, stated that he concurred in the anxiety to hare the matter disposed of, as his clients, between the moths and the custom-house officers, were already nearly eaten op. [A laugh ] He should not, therefore, oppose the motion. Mr. Mkhkoith, of Baltimore,alio on behalf of the claimants, stated that the invoices alluded to were in the possession of the United States, and he presumed they could be easily reached, bat he eared nothing abcat them unless the gentlemen on the other side were anxious to have them. Cmxr Jciricc Tanet, said the coart would take the subject into consideration and decide to-morrow morning, whether the case should be argued in accordance with the motion, or whether it should take its regular place on the calendar. < This ease involves, as hss already been stated, hut a small amount, and is snimportant except as to a general principle which is to be settled. It appeal* that Mr. Wood, the claimant, is ia England, and hia friends applied to the proper department to hare the case postponed on account ol the emallnesa of the amount to the next term of the court. The matter wee submitted to Mr. Legare, but it is rumored that the Secretary of State interfered, and insisted , that it should be argued at the present term. The motives which prompted this step are euppoeed to be in accordance with those that usually actuate the Hon. Secretary. HesM ef Representatives?Tlir Dwtlofth* Hen, Lewis Williams, The buainees of the Houso of Repre?e?tativeo tod v was confined to the announcement of thei death of the Hon. Lewis WiUinau, hy Mr- Rayner, with

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