NKVV YORK HERAL1) ' tw Vnrh, Thuroilay, August II, INI*. Tike (treat Veto >lc?a?|(i-_It* llcorplIon In the ftrrat City?Tremendous Popular K*. citeiitrut?'Captain Tyler a Great Gun. Yesterday afternoon, u few minutes before two o'clock, we received the Ukkat Veto Messa?k <>f t ' i|ii tin John Tyler, President of the United States, and, in hall an hour, it was issued in the shape of an 1-\ rua llLUAi.it lrom this office, and ten thousand sold in lea* than no time. At four o'clock a second edition w.?s published, and sent to all parts of the country, north and <-u?t, by the afternoon mails. The excitement, in and about the Herald Buildiiig.* was tretmmdous during the whole afternoon. Wall street, the great gun of the Captain fell upon the r.c-< 'Is and speculators there, like an avalanche -,r iiri. ,nii brimstone from the regions not to be mum i. In the Para; an,-l through all the popular sections ft the city, where working men "nio.-t do .:r rate" it was received like a fresh revelation Iruin m-'tven?a presage of belter times and purer in ' I.- t owanisnigiume crowusmeispouiuneous!v in the Park, and opposite Tammany Iiall, to the extent of many thousands. The big guns were brought ' hi, and twenty-five were fired oft'at the first breath tortile three first vetoes. A gentleman named E. K. ('.uiip, E?). connected with this office, who had an Extra in his hand, was caught by the |>o|>ulacc, c ompelled to mount one of the guns, and there to read the message to the thickening crowds. After he had finished his task, a scream of delight rose up to heaven from the assembled mass, like the voice of Niagara Falls, and they rushed like madmen to the guns and fired oil levcnty-five guns for the last, the greatest, the bravest, the Imfdest stand, ere yet taken by a President of the United States against the rascally speculators, |>olitieiaiin and linanciers who have disgraced, dishonored and afflicted ih" country. During the whole night, up to midnight, the crowds were thick around Tammany llall, tie Park, and n-ar the Herald Puddings. Such is the unexpected and astounding reception >>| the Veto Message No. I, by the people of Mi w York. The document itself will be found in ibis day's pap'r. It is a plain, sensible, practical, determined paper, evincing a moral courage and a resoluteness, than can only be paralleled by the iron nerves of "Old Hickory " It is the crisis in the struggle between Captain Tyler and the whigs?and hereafter the President is heart and soul with the policy and feelings of the democratic party. There can be no mistake. The breach is now irreconcilable. What Congress may do, it is impossible to tell. Some say they will adjourn in a row, and leave the government without a tariff"?without revenue?except the present doubtful law which now exists, un der which the merchants pay twenty per cent ml valorem, with a protest. If they do so, the President will immediately call Congress together by Proclamation, and the political excitement will get higher a.nl higher, until the fall elections shall determine whether the majority of the nation sui>poitsMr. Tyler's policy or opposes it. If'c arc of ojiinion that the country will tupport the Prerident't t >11 r$e. Evny patt and coming election indicate? thif rntdt. If so, the country declares against a National Bank?against a distribution of the land rovenm?against a high tariff? against an assumption of State debts?against the whole policy of the whigs, and in favor of the whole policy of the democrats. Such is the state of the government and country. The treaty with England, settling finally and forever nil our illairs with that power, will probably be ratified by the Senate. Messrs. Webster, Spencer, and Forward, all of the cabinet, will resign?and probably Andrew Stevenson, of Virginia, formerly our ambassador in London, will be made Premier; Mr. Hushing and another may g.i into the cabinet, and a general removal of all the violent officeholders take place all over the country. The intelligence lroni Washington will now be deeply interesting Every afternoon, immediately after the arrival of the mails, we shall publish an evening edition, with the latest news. Great squalls and much fun is expected. Don't burst. We have twenty millions of people, and with the present crops, provisions and clothing for two years. All the banks, State stocks, and half the merchants are gaing to perdition?but the sun shines?the fields are fruitful?religion flourishes, and |>eople yet laugh ami grow fat. Hurrah ! fVuuv; os the Great Western.?To-day the good, old-tashio eti, steady-going, tfreat Western steamer sails, on her fiftieth voyage, with a !>..,ullv niimtw r of nasaenffera of nil ahlliles anil ! shapes, :tii(l numerous bit** of important intel, ligence. t-dte takes out about seventy in all?if she hati sailed from Boston she might have got abi>ut thirty, that number being the average taken by the North American boats. Nothing will do for steam but a direct intercourse between Liverpool and New York, and the sooner the managers of the Boston line come to that pass, the better it will be for their interests. Among the passengers is his Excellency M. de Bacourt, the French minister at the American court. He returns to recruit his health, which has been verv equivocal oi late. M. de Bacourt is a very amiable, worthy, zealous man for hisgovemment, but he wants the stirring popularity and mixed literary, fashionable and philosophical character, w hicii gave such tchit to Count de Potntois Nnotherof the passengers is Mr. Ificardo, the English financier and hanker, who has been some months in this country, looking after State stocks and State debts, lie returns rather chagrined and di.-nppointed. Mississippi would not pay up? nor will Congress assume the debt. He will give melancholy accounts to his friends in England. Another of the passengers is Ralph Lockwood, Esq., a man of considerable talents and philosophical attainments. lie has written much on political economy, and generally in favor of the high tariff, lie goes out on an important secret mission?and for any thing that we know to the contrary, he may he employed by the government to negociate a lonn in Europe?or perhaps to get h wife for himself, and corner Silas M. Stillwell in Antwerp. As to getting mail, a mission m 1 lie Crowfoot Indians would be as successful. Then* ire several other passengers of note, particularly one certain mysterious personage, whose movements and obiects will create a sensation when the denouement is ripe. We shall not?dare not?say whether this personage is male or female? but we advise Captain Hosken to have an eye to his passengers, and to manage with the like tact and discretion which he has ever done heretofore. Success to the Western! Herald Movky Article?Private rkpcdiatio.v. ? We call the attention of our commercial readers, in both hemispheres, to the money article, to-day. winch contains the opinion ofJamesG. King, on a recent case of private repudiation perpetrated by Doorman Ac Johnston. Mr. King deserves the highest degree of credit foi his moral firmness, ami his right minded views ir the decision he has given. We have no terms o reprobation sufficiently strong and classical to ex press our opinion of the conduct of Doorman As lohnston?or of the opinions of Mr. Newbold, ant Mr Lord, upholding that conduct. Their viewi strike at the root of alltnorals? all integrity?all ho in-sty in mercantile lite. It isworse than the Mimic si opt repudiation, inasmuch asthe private, religious and < I characters of the -' veral parties are abovt the licentious tone ot Mississippi politicians. We again call the attention of the commercia r la?-.- of England to the opinions of Doorman,John ston, Newbold, find Lord What say you f Mi k<.i can Letter Da<?s.?The letter bags of Mean <di < (. <t Western for Liver|>oo|, will close this (la] at I o'clock, at Gilpin's, in the Exchange. We ad vise all who wish to send ^letters per the abov: ,-te tnier ' >" .irlv. it th*y wish to avoid a crowd The slup sail* at 2. Grand Fete r? Lokd Asiiiii uton?The Treaty. We understand that great prt partitions arc uia" \in* by it number of individuals of the highest re-ji. i UliilJly in this cily, to give a grand fete to Lord 1 V. libnrion on lilts arrival here, after the conclusion " the negotiations between thiscountry and tirent Britain. At this fete, as a matter of course, Mr. vVelister will he present. This celebration ought to be one ol the most imMirtant events that has taken place lor many years in thiscountry; it i.? neither more nor less than the celebration of one ol the most momentous treaties between thiscountry anil Great Britain that has ever occurred in the history of the country. It is to celebrate u treuty of peace between two powerful nations, with the'same; interests, spekuing the same language, unil bound together by the closest lies of kindred, associations, and commercial relations? to establish a system of friendship, harmony and goodwill that nothing can interrupt lor centuries. And iooking.it it in these points of view, it is one of the most important events to this country that has uken place since the Revolutionary war; for it settles all that the last war did not settle. And how much niiore rational will it be for us to celebrate an event of this kind, binding the two "."cat countries together, as it does, in the glorious liopds of friendship, .'food will and commercial intercourse, than eulogising and giving grand balls and -umptuousdinners to a mere novelist, or rather a classic penny-a-liner, like Charles Dickens, who, after faring sumptuously at our hands, on his return home .stigmatizes us as a nation of pirates, and men . flow attainments 1 We sincerely trust that the Corporation of New York will take this matter into their serious consideration and get up a grand fete, with a brilliant ball at Castle Garden ; it the same lime, in order to celebrate the introduction of the Croton Water into our city. Thus we sh all have u simultaneous celebration, the conclusion oftwoofthc most important negotiations that ever wen- entered into for the benefit of the city of New York. One as regards its . ointm rcial health?the other as resects its physical health. And we anticipate, therefore, a great movement on the part otf all those interested, to take part in the celebration i if an ail'airjthat is to contribute long and lasting happiness to all our fellow citizens. Mexico anh Texas?Irt our paper of yesterday, we gave the full details of the position of aflairs in these two countries; svoce which nothing new has rsached us from that part of the world It api>ears that Mexico is in a state of civil war; Arista and .-aula .-iiiiiii .u<= anajiui u^tulIM rni.-|l oilier. Ill Texas, Houston is jfreparing to carry on the war; a party of Mexicans, near 1000 strong, have invaded Texas, and a battle has probably, ere this, been Ibught on tha Guadaloupe river. The result we can prophecy?Mexicans defeated. Canada.?We have not had a line of interesting or important news Ironi this part of the world, since ibe departure of the British Queen, on Sunday last. All seems quiet, happy, and prosperous. Lady Ba>;ot and family have reached Montreal in safety, and were to give a sort of grand drawing room or levee, and thenproceed to Kingston. SirCharles and hislndy seem to be great favorites in the Province. The news of the Treaty caused great rejoicings in Caiiada. Scio.idk.? A soldier belonging to the 2nd Battalion named Shannon, stationed at the Windsor Barracks, got out of his bed on Tuesday night last about 12 o'clock, and went into the yard and shot himself through t.he head with his musket. The Montreal Herald says a great proportion of the recently arrived emigrants, are wandering about die streets, penny lew and houseless, without the possibility of procuring work. | Theatric aI-s in the United States.?Braham and bis son, when last heHrd from, were giving ConI certs at Lexington, Kentucky, and met with great success ; as, indeed, they have at every place where I (hey have sung since they left this city. I \r_. 1 l.? n i 1 -oil - : ?? ?ii3. ruuuu awu iici ji'iauanu aic in mumming it Niagara. Sinclair is in this city, at his daiighter'shouse. Nagel is at Saratoga. Forrest and Miss Clifton have Riven up the original plan of going to we Joe Smith and the Mormons, and arc playing at 1! ochester with indillerent success. We hnve no other stars of importance on their travels. The Park Theatre wijl net open till the end of this month. Thome opens the Chatham with great briliiuncy next Monday night. Maywood with his daughter. Burton, Burdock, .Johnson, and a strong cast,will sood open the Chesn lit. Charlotte Cushman and Marshall do the same with the Walnut. The St. Charles theatre, New-Orleans, has not yet been re-built; and the American theatre in the same city has just been burnt down. Miss Ay res and husband have a lucrative engagement at Philadelphia. Browne and Billy Williams, everlasting favorites in their way, will open at the Park. Rice has ptst concluded nemerous profitable engagements. Niblo is doing u tremendous business, with Chippendale for manager, and the Ravels for the attraction. Mrs. Fitzwilliam and Buckstone are at Baltimore I doing little. Fashionable Movements.?These are now narrowed down to a limited scale. Lord Ashburton, having concluded his negotiations, wilt be in New York city in a day or two, to attend the great fete to be given in Ins honor, after which he will immediately leave for England in the Warspite. Lord Morpeth is still laying otr wiili pretty Indian girls in the Manitoulin Islands, and Lake Superior. President Tyler will he in New York as soon as Congress adjourns, (two weeks,) on his way to i>rw|K?rif 10 ^jwnu n wpcr or two. 11 in eon Robert, with Ins lady, are enjoying the sen breezes at Fire Island. Ex-President Van Ruren is cultivatinK cabbages, and the talents of his charming niece, at Kinderhook. Hon. Mr. Dunn, and Hon. Mr. Derbyshire, of Canada, are in town. Mr. Rirardo returns in the Western. Horsley J'almer remains at New Brighton, Condition of oi r Streets.?We earnestly call upon the several Street Inspectors to see that the thoroughfares of tins city are kept clean. They are now in as dirty a condition as we ever saw them, and unless the brooms and hoes and shovels are actively employed, the minsma which is now as thick as a fog, will breed some epidemic in less than a Iweek. Passenoirs for I'lckoi'E.?There are quite s number of passengers going in our packet ships.? The New York, commanded !>y the popular CaptainCropfer, which sails on the 19th inst., has half a Compliment already engaged. Trash, i he New World Extra has published i the Lite of Louis Philippe, written by Mr. Wright, ? ?f London. This Wright is a hack writer and his . book is a mere bungling Compilation. We have - looked into it and find it trash. Park must make , better selections to succeed. lit MUvi)?The Mermaid?and no mistake. We j can swallow a reasonable dose, but we can't swallow litis. NirEo's.?M iztilma continues tw curry all before ! - o it ought The costly manner in which it is ' pn luced? the numerous mechanical changes?the t ad, arable acting of the Ravels, and th> elegant ' dancing of Miss Wells, combined, render it the most perfect exhibition we ever witnessed La Fete ' t'humpetre, a very comic piece is given with it this evening. j Klo|>enieiit In HIrIx Llfr. Vict- I liuiiri lloi"? Court. Before Vice Chancellor M'Coun. Tersest.?Among the decision* were several lor il vorce, some of them of a aeriou* and important natur We present the follow ing. It convey* a moral which po sibly may l>eof service. Chai lti II. h'.dwards, VI. ,'lmandn M. K Ldwardt.?l'l UiM ol the husband sets lortli, that himself tin Amanda M. F. Sturtevant were married in this city by lli Ilev. ltob't M'Carter, on the J3d Sept. 1834; and that the belong to New Yoik. During the month of June, 1840, i the residence of the romplumant. *40 Broadway,site mail tamed illicit connection u itii a man named Jose M. Ilibo uid with other persons unknown. In Dec. 38,she hud ah illicit connexion with a man named llenry Fox, at tint n .idence of complainant in Mercer street. She eloped o the 10th Oct. 1840, whilst the complainant w us in the low or part of the city, attending to his business, and went t Europe in the Great Western, under the name of Mr Bertram, lor the purpose of placing hersell under thecal if Itibot. Tho complainant loft his house after breakfai that morning, us usual, w ithout uny suspicion of her it teiitjons, although he has siuce ascertained that she ha an expensive wardrobe prepared. Tho following testimony was presented : Kasncis Somki, Jr. sworn.?Was a passenger on boar the Great Western iu Oct. 1840; a lady wason hoard, cali ing herself Mrs. Bertram; she lauded at Bristol; 1 raceiv i*l a card (rom Mr. de Ptiga, with the lianieo! Mrs. Bci tram on it, und a request that I would introduce myscll t< her, saluting her by that name. The ball was i inging a '-he time I received it; I did not introduce myself to hei for 1 diil not think her conduct such as to make her ac luminance (K sirarue. ,"\o one paid her any particular at toution on board but the captain. Manuel dk Puc.a swam Mr. Kihot was recommendei to me by a particular friend, and before he went uwav h< told me he wanted me to iierferm a service for him, w hicl lie would not mention unless I would promise to do it, to it was practicable. He told mo he hail a married lady as i friend, and that she wanted to leave her husband and g< and join him (Riliot) in England, and that he hud givet an order to o friend of his at.Matanras, to forward me t draft, and wished me to pay her passage and give her som< money, which I did, and paid her passage in the (irra Western. I believe it was on the lOtn Oct. 1S40, that sli< went away. 1 saw her but once before Mr. Kibot wen' away; it was at hrr house in Broadway, above Fourth street, and that is the only time I went to ner house. Shi came dow n to my store when she w anted to see me. 1 went on hoard the Great Western and saw herolf; shi went liy the name of Amelia or K.melia Bertram or Ber tron?some such name she gave me. I heard she wai Mrs. Edwards- 1 think shetubl me so when she called m my store. 1 remonstrated with her a good deal?she sail1 she was determined to leave her husband, wbe'her sht went with Mr. Itibot or not.?that she would go to F.ngland and be a teacher there; at the same time she said her hushand was a perfect gentleman. Shu also told mi who her relatives wore?some such name as Sturdevant When she said she would he a teacher in England, it was in reply to my remark that Mr. ltihot might change his mind and loaveher. Mr. R. went by the Great Western tha July previous. $hcr|>okein very high terms ol her husband, and said she had no tault to find with him. I endeavored to dissuade her from going, hut she was determined to go. I have received letters from .Mr. Kibot, in which he states that he arrived in London a few days after her, and then,l infer fram the letters from him, that she went on with him to France, and to Barcelona in Spain, which I believe is his place of residence. On being further examined, the witness stated that she said she was the wife of Mr. Edwards, who belonged to the American Insurance C-ompnny in this city?that the liouse in which he Haw thin lady was on tliu oast side ol' Broadway, this side of 8th street, and above the 1'nitaiinn church; the lowurpart was occupied as a store; he thinks it was a three story house?that there were two parlors on the second floor, and the bedrooms must have been over that. Minii J. Gikford sworn?Mr. and Mrs. F.dwards boarded with me at No. -2 Mercer street, corner of Howard, and staid altout a rear and a half; she left me in the month ot April, I think, in theyenr 1839; she and her husband aiterwards moved to Mrs" Barnes's, and staid there nine months. She spent the rest of the year in Duane street, and then kept house in Broadway; during the time she was with me there were two gentlemen (Mr. Fox and Mr. Brett) who were very intimate with Mrs. F..; abaut December, Mr. Fox called to see her, after tea; Mr. Ed. w ards had gone out, and Mr Fox remained alone with Mrs. E. until after 12 o'clock at night; this was in licr bed room; I was accidentally in the next room, which was parted by folding doors, and I heard Mrs. E. say to Mr. Fox, that she ought then to be in the family way. with a child begotten by him, for six months; that she understood that he (Mr. Fox) waa going to be married, and that if that was the case, till intercourse must cease between them; that she had treated Mr. Edw ards (her husband) very ill, and that she had had no cause for it; that he was one of the best of hushaads; there was other language passed between them that waa unfit to report; the turn of the language left no doubt on my mind that the intercourse between tliein was criminal; I also heard movements on llia bed, from w hich 1 have also no doubt ol the fuct; 1 never saw any thing in Mr. Edwards' conduct to lead me to think that he had any suspicion of her conduct, or in any way connived at it. He invited gentlemen to pass the evening with her when he would be absent, but this appeared to be from the unbounded confidence he had in her; I never dared to hint my opinions to Mr. Edwards till Mrs. E. had left the city. Mart Welsh, (worn?1 was for eight months with Mrs. Edwards, doing the general housework. I commenced living with her when she lived in Duane street, and afterwards lived with her in Broadway?I knew Mr. Rihot; I think he gavu liis name Jose Riboi; he was a Spaniard; 1 have seen hiin at Mrs. Edwards', in Broadway; I left Mr*. E. in the summer of 1840; Mr. Ribot was in the liabit of comhig to the heuse in the mofiiing atilO o'clock,atter Mr. E. had gone to his business. At these time.s Mrs. Edwards locked the front door; she|did not aJopt the practice w ith any other jierson?Mr. Edwards carried a night key, but when the door w as so locked, he Could not get in even w ith his night key; Mrs. E. first moved there in May,1840; she was not acquainted with Mr. R., I think, till shortly nf'ter May; it w as at that time he began to visit the house; sometimes he came everv dnv- w.nirtimesnni-e in mere two or three (lays?She has to 1J me that she loved Mr. Ril>ot better than anyother maa she had ever seen;1 have seen her in her morning dress with him, hut no looser than she was in the habit of wearing it; 1 once saw him in the i>arlor with his coat and t>oota off, that was in the afternoon; Mr. Kibot '.iad brought her a work table as a present in the morning, and had been there all day with Mrs. E.? Mr. Edwards, in the afternoon, knocked at the street door; I opened it, and as he was coming up stairs, Mrs. E. met him, and excused herself to|him|that she had not yet dress, ed herself, and took him up stairs intoftlic third story, and afterwards came down and helped Mr. Uibot dress himself and to get from the house, while Mr. E. was inthe|third story?I have gone into the room when Mr. Ribot and Mrs. Edwards were there together, hut never saw any familiarity between them, except that thev were sitting on the sofa together; she cried and appeared to be very sorry when Mr. Kibot was goiug to leave; she sent a letter by me to him the same morning that he was going to leave: she told me to go up to his room and to give it to him, and to no one else; I do not know what the note contained; I believe all the visits of Mr. Ribot wore kept secret from Mr. E1 wards?After Mr. Ribot left this country Mrs. Edwards appeared to be very sorry; she did not go out much; I think Mr. E. knew that Mr. R. came there sometimes; Mr. R. came very often in the evening; at those times Mr. Edw ards would see him. Hi'oh Caldwell sworn?Is a physician in New York; was acquaainted with Mrs. Edwards; 1 was attending her mother-in-law (Mrs. Edwards) when I first became acquainted w ith her, which was about two and a half years ago; it was in Duanc street, in 1K19, at her house. Question?Do you know ot her having had carnal connexion w ith any man? A.-Yes. Q?At what time and place f A.?When she lived in Broadway, during the summer, two years ago. Q.?In what part of the house was the adultery committed 1 A ?It was in tha front drawing room. Q?Can you state with whom > A.?1 do not know the individual's name?He was a Spaniard. Q.?What were your means oi knowing ' A. - The two rooms on that lioor were separated with a folding door ; the front room w as the drawing-room, the other, the dining room ; there'was an entrance into the dining-room from the entry ; 1 was shown up by the servant?the girl that has just gone out here?and went into the dining-room ; the servant did not state that her mistress w as engaged, or that anyone was with her; while wailing in the dining-room, I casually glanced through the folding-dooi, w hich was not completely shut, and saw the Spaniard in the act of carnal connexion with Mrs. Edwards on the settee; I immediately left, but on going down stairs was called back by Mrs. E.; she was dressed in her night-gown alone, w ith slippers , she had not any chemise on her ; her confusion, and the appearance of hei dress, and what I taw. left no doubt on my mind what had taken place; she told me that she would leave Mr. Edwards ; she repeatedly tolJ Mr. E. she would losv. him ; she accepted presents of Mr. Ritiot of valuable articles, with Mr. E's knowledge ; Mr. Edwards, I believe, never dreamed of herconduct.no more than the child unhom ; she told Mr. E. that she would leave him end go to her Iriends in Connecticut -not conveying the idea of an elopement in w hat she said to him, hut uneuuiv orally expressing it to myself ; I never mentioned these things to Mr. Edwards, in the first place, I might have got my head broke, and in 'he next, 1 would not have been believed, so unbounded was his confidence in her ; sh? often said to me that Edwards was out-and-out too kind to her, and that sh? believed she would have been better if he had been less so ; I think llibot was the name of the Spaniard 1 referto; I had seen him once or t\vice at her house before that; Mr. Edwards still resides h<rc, and has ever since I have known him ; I saw Mi. E. two or three days after the news of Mrs. E's elopement ; ha appeared perfectly distracted, and most miserable ; he cried like a child when he told me of it . I tol.l him raih< i than grieve he should be happy in having got rid of u wretch w ho was unw orthy of aim ; they had deceived him, ami he was guileless as a child, and w ould suspect no one. (Honor. W. BRowxr. sworn. 1 was acquainted with the defendant before her marriage to the complainant , her name was Amanda M F. Sturdevant, and 1 have been acquainted with the i omplaiuant since the year IHj.l , they were married just aliout a > ear la-fore I was, which was in October, lx3t> ; I w as at my father's house, 4f*? Broad way and was dressing lor a party ; Mr. Edwards rang th? hell und sent word by a servant forme to come down, and when I arrived at the door ; I found him there ; I afterwardi went into the carnage at the door, ami complainant am! .-efendant were there , Mrs. Edwards said that they ha< got married, and that they had been to their father's, anr said, "you see that you are the first stranger that wi have called on they were always afterward reputed tc be husband and wife. The?e facts being fully presented, the Vice Chancellot decreed n divorce a rinrulo matrimonii, [from the mar riage tie.] Aco. lO.?Decision.? Mirhnrl Mr (linn ii vs ,fosses H lolly An injunction hail been grunted by the Assistan \ ir e Chancellor, restraining the t omproller fmm paylnf nj monies in his hands due to defendant, who bud been contractors for excavating ln]Broadwa> .between I llh an. 1st stt i rts, tor tho laying down of f'roton water pipes- The application was m le by complainant on In half ol lb" workmen employed Ordered that the injunction b? 'n "olved, but that a receiver be appointed, also n referee with power to adjust ami pay (utter costs had been do ductwl) the demands of the workmen. ir Woop, the murderer of Iiih daughter, if I'llil.iiielphia, has sh,led tor hngland with lua wilt mil one oon. ! Masai (itix rul Court Martini on board of the li. S. ihlp North Carolina. Wtnvtinu, Aug. 10 lj. Tiiial or Likvt. R. F. Pirn nixf.r, Continued, e. The I ourt met pursuant to adjournment, and tlie mm ' nte* ol y esterday's proceedings were read by the Judge Advocate. d The first witness called thi* moruing waa Lieutenant id Wu.xn, who produced a copy of an order, and then v .-ntenil into a long argument with the Court, the subject it of w inch w a*, that he should lie allowed to examine witi. neve* an to transaction* which were not included in the t, ch urges at all. o The accused is charged with exhibiting the letters, charged a*exhibiting contempt to Lieut. Wilkes, to va11 i ious junior officers between the 1st of Mai and the 1st of October, 1*40. All the witnesses who have hitherto been ? called, swear that they never saw those letters between ' those dates, and the prosecutor now wanted to be allow* cd to prove that they had seen those letters previous to tho d time laid in the charges, stating, that m his original >' > hurges he had so laid. In reply to this the Judge AdVOd rate produced the original charge* which Lieutenant Wilkes had charged him with not correctly embodying In tliose on which the accused was being tried, and which d proved that he had faithfully embodied them. He then ' proceeded to examine Lt. Wilkes. if?State to the Court whether those papers arc the charges which y on forwarded to theDepartment as ugainst 0 the accused. 1 A?These are the papers, and I request they may form part of the rocord. Jt'DOc Advocatk?Will y ou confine yourself to answering the question, Sir? The witness here found that he had wakeJ up the wrong 1 passenger, as tho expression is, and that the Judge Advo cute proponed to prove that the original charges were faithfully embodied, and he therefore retracted his obscrv ations, and the matter, after consuming nearly an hour of the Court's lime, was dropped altogether, "Lt. Wilkes ntternpting to apologise, but making matters a little worse than before, by saying, that 'it was not hk who was dissatisfitd, it was the Cocst"?thus hopping out of the frying piin into the tire. Lieut. SmCLsiacalled?1 do not know that Lt. Pinkney wrote the letters referred to in the first specification. I believe he had a correspondence with Lieut. Wilkes about that time. The letters referred to ns having been exhibited by Lt. Pinkney between the 1st of May and 7th October, 1340, in the -id'specification, were here shown the witness, who said : I don't know that I ever saw those letters. Lieut. Pinkney was, 1 believe, a suspended officer at that time on board the Peacock, and I was away doing duty, while tho specification charges that I was under his command at the time. 1 can't say that 1 have ever seen those lettwrs before. Copies of some of them I may have seen in Septrmhtr, 1330. I am in doubt, however, whether I saw any of those very letters. I nm certain 1 have seen cither copics or the originals of some of them. The witness did not recollect that he had ever seen the charge as laid in the 3d specification. I think, however, I never did see them. After Lieut. Pinkney was arrested and ha I permission to leave the squadron, I saw a set of charges which he intended to prefer against Mr. Wilkes, but w hich 1 don't think he ever sent in. Lieut. Pinkney was scrupulously careful in his deportment at this time.? I believe he was generally careful, for he anticipated difficulties
with Lieut. Wilkes. 1 know nothing of the sending the charges through a third person except from hearsay. ? Have yon over seen a set of charges wiitten by Lt. Pinkney on yellow or Pinkish paper, on the 6th October, 1840? A.?Never, to the best of my recollection. To the 5d charge, the witness said : I never saw Lieut, rinknev allow any thing to become ruined by neglect; on the contrary, he was particularly careful to do everything that was necessary and was' his duty I joined the vessel about sis weeks after the time that Lieut. Pinkney took command, lt was at Matavia, about the 17th September. 1 have never since I have been in the service s< en an officer morc anxious to do his duty and to preserve the public property. When I joined the schooner she was so deficient in outfit that I did not consider her seaworthy, or my life safe in her, unless she had had repairs made. She had no binnacle, and no arm chest ?r 1'uch.s. 14 Bv Coiht.?Where did you put tnc compass 7 A Down on the deck. I have frequently seen it washed nsvay two or three times in a watch. There ? as not a comfort or convenience on the schooner. I don't think it was )K>ssit>le to preserve the soils, for there was no place to stow them away when 1 joined her. They had to be laid on the top ol the water casks in the hold, exposed to the damp and water. That was the best place we could get. The only place in fact. These things were all pointed out to me by Lt. Tinkncy. He was anxious to keep them from being ruined, and did his best to do so. We had no comforts, but were huddled together like pigs. IJ.?'Was Lieut. Pinkney on board the Flying Fish at Papeite when Lieut, Wilkes visited her I A.?Lieut. Pinkney was on hoard. Lieut. Wilkes came on board twice and Lieut. Pinkney was on board both times. 1 wns always on board except on Sunday and twice Is all 1 can recoltect Lieut. Wilkes' coming on boarJ. Q?Was Lieut. Hudson onboard the Flying Fish on the 28d September. A.?He was in charge, but 1 don't recollect whether he was on board that day or not. Lieut. Wilkes was on board on the -J3d September and probably Lieut. Hudson, ulso two or three times, but he was not in company with Lt. Wilkes. Q.?Were any arms, sails, !kc. condemned en board the Flying Fish on that day, if so from what cause > A.?There were some arms and sails condemned; 1 believe, probably because they were unfit for use. 1 recol, lect some arms were to be surveyed on that day, for Lieut, Pinkaey called Lieut. Wilkes' attention to them in the cockpit. Lieut Wilkes landed ahead of the ichooaer and came on board and Lieut. Pinkney called his attention to those arms. I dont think Lirut Hudson was on board that day, for if I recollect right his vessel did not come in till thetdth. If I had my journal I could tell, for I put it down. I think the Flying Fish arrived on the eveningofthe -Jid, and Lieut. Hudson came in in his boat on the evening of the 23d, leaving his vessel outside. It was certainly the evening after the Flying Fish that the Peacock arrived. Ji'dok Adtocstk?With the log book before you, state when the Peacock arrived at I'apeite. A On the 24th September, 1839. Q.?Did you go aft with Lieut. Wilkes at tho time you mention/ A.?I received Lieut. Wilkes, ami remained there, when Mr. Pinknoy invited Mr. Wilkes to go aft. I stood at the hatch, and saw Lieut. Pinkney showing Mr. Wilkes th? arms. I am positive of this, because I put it all down in writing, by request, being desired to note all that oc Q Why were you desired to note all that occurred? A.?In consequence of a letter received from Lt. Wilkes by Mr. Pinknci , remarking on the lilthy condition of the schooner, and I was desired to note the condition of the schooner. Q.?Did he show you the letter, and what remark did he make) A.?I saw the letter; I don't recollect his making any remarks in particular. The letter reflected on me as well s l,t. rinkiiet, ill reflecting that the schooner was tilths . as I was required by Mr. I'inkney to keep the schooner clean. Q.?You have slated that the schooner was not fit for pigs to live in. What outfits did she get at dney ? A.?I ?aid wo we were huddled together like pig". She was made as comfortable at Sydney as she could. Q.?What was the condition of the schooner when you joined her) A lt was destitute ofevery comfort. We had no place to stow our clothes in. There were lockers, hut they were next to the skin of the vessel, and clothe* put in them would be as black as ink in one night. <4 Did you not sa> that you saw the charges previous to leaving Oahul A. ?1 "aid 1 did not know whether I had seen the charges at ail or not. I saw some charges after Lieut. Tinkney was arrested. H At what time was he arrested? A 1 don't know. Lieut. Kmmons arrested him: I think it was nlKiut the 17th or lxth of April, at Oahnjhe was put ortduty. 1 know that he was under arrest when he showed me the charges 1 spoke of, and had permission to go homo. They were headed, " additional charges," I think. 1 wirxcss.? If my journal is here, 1 should like to have it here for reference, as I may lie mistaken in some of the ! dates. Jrook Aovocatit.?I have a letter before me trom the ' Secretary of the Navy, in which he says that he lias sent Lieut. Wilks three orders to deliver up all those journals, none ot which he has regarded. Lieut. WitkKS.?1 should like to have that charge clearly established, as it is a seriot' one. Judoc AnrocaTK.?1 make no rhargf, sir. I merely \ state that I have such n letter before me from the Secretary, stating that as a fact. WiTxass.?I remember the facts perfectly; I only want the journal to refer to the dates. On his further examination us to the desertion of fue men, he said I know those men did desert and take a boat w ith them. Mr. Harrison and myself, were the only two officers on board doing duty at the time, except the Commander. Mr. May had been detailed on special duty by order of Mr. Wilkes, for the purpose of attending to hx .innc r?T? >Kn? OX,I M'll n?xiu.l fr.Mn duty. I w-aathe day officer. I was calif,1 evury morning , at day light, (4 o'clock) and superintended the work of [ the mechanics during the day. It was necessary for the , good of the service, that an officer should attend to that , duty particularly, for the mechanics would not work | properly without it. i 4?Did Mr. May's duties prevent him from keeping a night watch 1 ' A.?He was detailed for s|>ecial duty, and was excused , from all duties on lioard the schooner, and did uo duty on ! board her. 1 never was very particular to keep a night w atch on board the schooner in port. I have known Mr. Wilkes himself do without a watch when in port, when he had chargo of her. 1 have known the schooner to run onshore when Lieut. Wilkes had taken charge of the i u atch. He was called at 4 o'clock,and told them to leave 'I'om on deck (the pilot,) and he would come up directly, i but ho did not come up, until the schooner run on shore, the man having gone to sleep on the mast head. (J.?Were you not the oUlcer of the midnight w atch on the night the mea deserted 1 A.?I was in chargo of the deck. The orders w ere that the man on the look out should call the officer if any thing I happened. The officer was allowed to remain lielow, uni less something happened. I was upon deck only a lew i minutes helorc the men deserted. Tne deck was so lura| tiered up that there was no room for an officor. I was on I dock a few minutos before, and noticed two men there; I and thinking it unusual, I repotted it to Mr. rinkney.who j s. nt for a man down Into the cabin and asked him what ) they were doing, anil ho said they had Just hecn relieving the* watch. The occasion ol mv going on deck was a r large ship coming into harlior, anJ soon after I had gone down, the desertion w as reported- It was done so <|iiletly that some men on the herth deck did not hear it. It was ^ cry neatly done. <^.?Was it not very necessary to be particular in the r w atch to pt event the men deaatUng at Sydney. A. It was not, pnviousto this. Some of these very . men had been no shore almost dally previously without any sort of limit, and there w.is no sort of ausptcion that jl lliey intendi 1 io desert. In relation tothe neglect in survey ing, the witness said he knew nothing of the necessity for tin rrsurve) iag the Island of t'polo, but with regard to the neglect and careicasness in the performance of the duty of tne survey, Mr. I'inkney was very annious indeed to it do well, and I heI iieve it was done to the best of his ability , and those em ployed w ith him- His anxiety on this head was such as to e*cue obns"**-** essJs-sa*, We thought he w*a over. anxious about it. The lint part ol the time we had very I bad weather, indeed, and could not obtain the necessary olwervalion, and could not use the boats with <uiy salcty iti order to aketch any shore line. We w ere broken olf on part of the survey which interrupted our observations just alaiut the time the (food weather tiegan, and we were not furnished with a patent log, which ? as very necessary to obtain the distances. We had to run links by the common deck log. We had a common deck log which was liove every ten minutes in obtaining our banes. Mr. Ferry threw the log while I held a watch. The weather was ?o damn that we did not trust to a sand glass. I recollect particularly that Mr. Perry kept the notes of this expedition, and u as orderod b) Lieut. I'inkney to put them in the form of a deck hoard, as required by the orders of the exjasmtion. Mr. Pinkney- did not know the form of a deck hoard, nor did 1, and he required Mr. Perry to rule it and transfer the notes from his printed note book. 1 recollect Mr. Perry considered this unnecessary. 1 never said th" regulations on board the Flying Fish. 1 had seen them on the Porpoise. When Mr. Wilkes himself was -urv eying in the Flying Kish, he never kept such adeck board. His notes were keut in a book like Mr. l'erry's, and in a similar manner to that Mr. Ferry keut them. U-?Was a deck hoard kept on board the schooner during this survey/ Who kept it, and was it similar to th's cue ? A.?I recollect distinctly Mr. Perry sitting down in the cabin, and transferring his notes on to a ruled sheet of paper. 1 cannot recognise the paper; this is similar to one kept on the I'orjioisc. I recollect Mr. Perry did not consider this necessary , hut Mr. Pinckney ordered him to do it, and he did it. It was on cartridge paper. Q,?Have you never seen or read the surveying instructions previous to this sur\ ey 7 A.?I bad seen them on hoard the Porpoise, and had read them, and had a copy. Q. -Was not the Jeck board and the note l>ook similar in form 7 A.?There was more in the deck board than in the nolo hook. With regard to those surveying instructions, the more I read them the less I understood tnem. I think there were more columns in the deck board than in the note book. O f.milil tKn Knnia Ivosm Kaon s?nf iniidp tho ro<?f ? A.?In the former part ol the survey it was dangerous to launch the boats. I w ent inside in'the latter part qf the survey as did Mr. Colcovorepis. Mr. Perry wemVnt on eno occasion and 1 thought he would have been swamped; there w as great difficulty in hoisting the boat 111 without swamping it. Mr. Perry was also sent on another expedition to examine the mouth of a harbor, and he reported unfavorably of it?that he could not get in. H-?Who kept the deck board after Mr. Perry was taken sick? A.?There was very little to do then; we had connected our work with thut of Mr. Case, who came on board, I think, the very day that Mr. l'erry was taken sick, with Mr. Reynolds: 1 think they shoved some of their objects on shore, by which it appeared wo had worked up to them before Mr. Perry was taken sick, and we made atriaugulation. There was no deck board kept then. Correct notes were kept in a printed note book. Q?At what iioint on the chart shown you was Mr. Perry taken sick. A?I tbiuk we were on the northwest side when Mr. Perry was taken sick? Q? Was it on the south side, or not? A.?It was not on the south side, I am certain. I am not certain whether w e had passed the Island of Manona or not. Q.?Did Lieut. Perry assist in the survey to the point ynu have mentioned! A ?He assisted till lie was taken sick, but I am doubtful at w hat point that was. whether on the west or northwest side. Up to the timeof his being sick he had conducted the survey. Q.?What do you mean by conducting it I A.?He had the supervision of it; I received all my orders from him, and he received his from Lieut. Pinckney. He had had more experience than any Hirer in the survey at that time. In relation to the charges for making alterations, made without authority by Lieut. Pinknev the witness was askedtd-?What alterations were made in the schooner at Rav of Islands, and for what purpose ? A.?She was caulked on the spar deck, and the plane shear seam also : she needed it very badly, lor we had expected her to founder once when we were down south.? She leaked so badly we had to keep the pumps going all mat linn-, me elects lor belaying the rigging had all been turn oil'down south and were replaced : the saddle of the main boom of the mainmast had settled down and was elected up, and a few servingmallets were made to repair tne damage done lo the rigging, Out of a couple of light ! spars we had on board vre macle topmasts to make signals | with. The maintopmast was then on the fore, the whiff had been put at the foremast head, at Sydney, for the purpose of fixing this topmast to answer signals. The sails which had hitherto been kept abreast of the mainmast, in a small room where they were constantly subject to th e wet,owing to the leaking of the deck, caused by the working of the mainmast, nb my suggestion, Mr. I'ijkney or dered to be removed into one of the state rooms of the cabin aft, in order that they might be better protected. He was influenced in this decision by the fact of the vessels being too much by the head, as well ashy his desire to preserve the public property The state rooms into which the sails were removed, had hitherto been our pantry since wc had left Sydney ; it had been fitted there at a pantry, and the fixtures of this pantry were removed to the old sail room, which was then used as a general store room and pantry for purser's slops, Sic. The rigging was taken down and refitted, overhauled and examined, which hod never been done before, and the main rigging shifted to the foremast, as the foremast was the most important one. These arc as many of the repairs and so lortli, which I remember; there may have been other trifling ones which I should think the hill would show. 1 recollect now all our gall's had been injured down south; two of them were repaired,and for the third a new one was made. The armorer of the I'eacock, whom we lound on shore, did some necessary work, which the vessel required. Did any ot these alterations take place after your 1 mainmast had been lifted alongside the Vinccnnes? A?There were noae commenced ; those in progress were flnished. Q.?la a foretopmast necessary in a pilot boat, ?nd did you not take it down when in charge, as unnecessary f A.?It was never taken down while 1 was on lioard, and I thought it indispensable for answering signals. 1 don't think w e could have got on at the Fej??e Islands without it; it was nothing hut a signal staff, perhaps about twelve feet long. We had no sail made for it- It was necessary for a man on the foremast to have it to hold on by, I have sat for hours holding on by it, and could not have done so without it. ?Did you not make a requisition for a sail for the foretopmast when in command ? A 1 don't think I did. I think I applied for a yard for a gaff topsail which I had on lioard. I should have been 1 very careful had 1 carried a gaff topsail, if I had had it. I I do liot wish to imply that 1 did not make such a requiti lien, but I don't recollect it. I have copies of allthu requisitions I etreT made for the schooner. With reaped to the non-performance of ordera in not keepiag a fulil and complete journal, the witness knew nothing, except from hearsay. With relation to the scandalous conduct in destroying the journal he had kept, the witness knew nothing. The next charge is for cruelty, and illegally punishing John Weaver, a seaman on board the schooner, between the 26th December and 10th March. He said, I don't think such a thing ever happened. John Weaver was punished by Mr. May, by order of Lient. Pinkney, and if he had been improperly punished 1 should have heard of it. So l ir from being cruel, i have known Mr Pinkney have a sick man iH his own cabin. 1 was not present, bnt I know be was punished; I thought tha punishment was usual. On another time he w as punished in my presence by Lt. Pinkney. He then reccivej twelve lashes with the cats. That is the only oc 'asi >a on which I saw him punished. It I mistake not, Mr. Pinkney was sick at this time. In answer to a few questions, he said : I don't know any thiDg about John Weaver being tied to the rigging and Hogged, then left exposed lor some time, then Hogged and ex|ioie.l again, and then (logged again. I was on tioard, but I never heard of such a thing at all. (i?Do you know of his ever being seized up tor any length of time ? A.?1 do not. If I had seen it I should have stopped it. H- By accused.?What work was done on the schooner nt Matnvia Bay after \ou went on l>oard 7 A.?It was supposed by the officers on board that the steps of her masts were loose; they were hoisted out and examined, and that belonging to the foremost found to be broken Irom the kelson. While along si le the Peacock her sails were passed on board of her for repairs, and when we hauled off wefaent the water casks on shore to be examined, and some to be repaired. This left the hold empty,with the exception ofaome coal, the kentledge, and some barrels of provisions. She was thoroughly cleaned and scrubbed out to her kelson, the kentledge in the body of the vessel being moved for that pnrpose. The hold had been partly or in whole whitewashed, 1 am not certain n hether it hud been finished, when it was discovered that her kelson was broken from the keel from the timbers. All the work was then stopped, that is, putting her to rights, the carpenters removed every thingon lioard again, ainl we proceeded to Pspeiteon the evening of the JJil September, or thereabouts, for the purpose of heaving down and repairing the kelson, which it w as necessary to bolt through the keel. l|.?Was the mainmast of tha Fly ing Fish suspected to lie sprung at the time Lt. Wilkes was on board on the 23d Sept. f A.?No; it was pointed out to mu by one of tha crew the following day, and I reported it to Mr. Pinkney. ?Was the hold of the vessel clean or filthy at Papeite I A.?Iluas perfectly clean, with the exception of the run, which had not been opened at that time. It was a very large space filled up with kentledge. Tha hold had been whitewashed just before. Q. Could Lieut. Wilkes have seen the hold of the Hying FMl at the time he was on board on the 23d Sent. A.?No, sir; I was superintending the hoisting of a large cask up the main hatch, which 1 left off to receive Lieut. Wilkes when he came on board. I then went back, and Lieut. Wilkes went aft with Mr. Pinkney. i he cask had to he worked up with handspikes, and was In the hatch the whole time that Lieut. Wilkes wason board. The soar deck was at that time in the nands of the caulkers. Q?How long was the cask ,in the hatch I X.?I was engaged at it all the time Lieut. Wilkes was | ""rT^vuiiBi wnethe difliceltv in eettine the cask tin the hatch > i A.?It had to b? worked up cattycoruered. I q._Were any tnili condemned on board the Flying Pish | at Papcite 7 | A.?Not to my knowledge. We hail left all our sails on the Teacock, excent the bending set, and one of them was < a new mainsail, which I think came otr the Vincennes. t ?Were any spar? got at the Bay of Islands, hosidri t the topmast f I A.?We did not procure a topmast, we had that on hoard. There was the spanker hoom of an old condemned whale | ship purchased to make a gall for the schooner. i Q.?Was the accused cruel in inflicting punishments, or ( in his conduct to his man ' A.?On the contrary, I have known him to give up his fate room or share it w ith ;t sick man. and have the crew i in the cabin w hen the other parts of the vessel w ere tin- | comfortable. t <i ? Rt Lieilt. Wit.Kfs How did yon know that the , ma .t had notj been reported sprung to Lirut. Wilkes at , the linn- toil mrntiotird f \ llec.ui'> it hod not been found sprung. I myself , w r. tin first to ascertain that it really was sprung, atnl Hiwa< the next>lay. The place was jaunted to me hy one of the crew. I Q.?Did 1 not go on board to look at thedefeet or spring i in tha mast I V lie did rotne on hoard the day alter the arms had | been shown to him. and he ha>l written the letter about the lilthv condition of the schooner, lie came on board in nTS^Dihtt ^'eut,ul*nt Hudson, Lieutenant Pmkney. tf- On what day did the Vincvnne* leave the harbor of I'apeiteJ A?1 think it w o* the r/ilh? I am not sare. Jluuc Auvocate?There is the logbook. JuslEsamine it. Wiwni. On the J6th September, 1839, Lin t. Wilkes.?At what hour! Witness.?At 6.30 in the morning watch. The watch between four ami eight. All hand* where called up to heat e anchor. That is hall past live civil time. We ilnl not keep tea time then. That ia, by the log. Jrnr.K Anv Did you see the surveying instructions with Lt. Pinkney I Witnbss.? I saw his orders. I don't recollect seeing the in-tructions with him. (A paper shown witness.) ? These are not the instructions 1 allude to. (A book shown him.) These are the instructions 1 alluded to Lt. Wilkes Those are not instructions at all. It is merely a diagram of surveying. Witness.?I don't recollect ever seeing those other instructions at all, but 1 can't positively say. 1 have see a the orders to Lt. I'iuknep for surveying Lpolo. Considerable wrangling here took place, Lt. Wilkes being ra'her An/Ted at the witness having said in a former part ot his testimony, that the more he read Lt. Wilkes' instructions for surveying, the less he understood them, which was ended by the Judge Advocate readiug the instructions referred to, which were very voluminous, and to the reporter quite incompreln nsible, though they might be very clear to those ]>ossessiug more nautical information. A communication from the accused was here handed to the Court, which stated that thu log-book af the Klping. Fish was highly ImjiortatiUo his defence, and had not yet been produced.' Judoc Adv?I have served a notice on the prosecuting witness to produce it. Lt. Wilkes.?If he refers to the per diem log-book, I have it not. The Col'kt then stated, that if there was any evidence for the defence which was not forthcoming, the accused must state in bis ,l?f?,.^.. ...v.?. i.? ? j...i that evidence, and that he had used every exertion, and the Court wouln coniider it in their finding. Q-?^ on *?y that there wai no regular watch kept on the schooner in port ; do you mean to include uncivilized poikG A?I do not. The Court then adjourned till 10 o'clock to-morrow morning, this witness having been three and a half hour* under examination. The Xlw Organ in the elegant church of Ascension, corner of Fifth avenue and Tenth street, was publicly exhibited yesterday afternoon to a large concourse of ladies, gentlemen, amateurs and laymen. It was constructed by Henry Erben, the organ builder of this city, whose reputation and works extend throughout all our populous towns. The front of this magnificent instrument is finished in black walnut, to correspond with other parts of the church, the appearance of which would be materially improved, however, by reducing the height of the railing round the enclosure that encompasses the ehoir. While present, " Ged save the King," with variations, was elegantly played by Mr. Alpers, and " Hail Columbia," by Mr. Harrison. Mr. Timms also gave some specimens of his execution, which combined, presented the powers of the noble instrument to the audience, which appeared highly gratified. The full notes of the trumpet and dulcet tones of the flute were remarked as quite sujierior. The peculiarities of this instrument are, that the swell runs the whole compass of the keys. The large pedal stop is 16 feet in heighth, with 37 pi|>eB_ It also has two sets of finger keys, one set of j>edul keys, and three composition pedals, with two couplers, one of which connects the great'Organ and swell, and one the octaves. Another connects the pedul and great organ, and a fourth the pedal and swell. The great organ contains the following stops:? The open Diapason with 64 pipe* " Stop do, 64 " " German Flute >.43 " " Principal, 64 " ? Twelfth, 54 " " Fifteenth, .....64 " " Six qualtre, 163 " " Trumpet, M " The small one contains:? The opeu Diapason, with 64 pipes " Stop do, 64 " " Dulciana 43 " " Flute, 44 ' " Cornet 163 " " Trumpet, 37 " " Clarionet, 37 " " Hautboy, 37 " " Bassoen Bass ?' 17 " The cost of the instrument is $3,500. The seat of the organist, with the keys and stops, arc thrown forward from the instrument in such a manner as to allow him to sit upright instead of the customary leaning position, which is a valuable improvement in its construction. The |ierforntance of the organ was such as gave full satisfaction to all who witnessed it. City Intelligence. Case ok Torriso tub Mvederek.?TheCommisaion appointed by the Governor to teat the sanity of Thomas Topping, at the time of murdering his wife, resumed its sitting at 4 o'clock. \ csterday afternoon. The prisoner and his Counsel, Mr. Hart, being present, and but few spec' tators. George W. M tTsr.Et, Police Justice, sworn?Witness saw Topping on the afternoon of the murder, when hu was being conveyed to his cell. Asked him why he committed the deed in so cruel and barbarous a manner I He answered it would be time enough to reply when he was brought before the Court. Brnjamis Evans,sworn?Isaminister oi the Protestant Kpiseopal Chnrch. Witness visited tho prisoner in his rell, anil considered him a man incapable of receiving religious instruction, and so expressed myself to the keep, cr; he conversed but little. He told mo he was confined for murder, but recollected nothing about it. 1 once asked him to repeat the Lord's Prayer, but he broke otr in the middle, and asked me to tell him where he should srt up work at his trade when he got out. When I spoke of the murder, ha said his wife was happt, and that he should l>e happy too. lie seat for me alter his eanviction, and on visiting him he told me they were going to hang him ? Never discovered any thing in his conduct that indicated that his apparent vacuity ot mtelhwt wai leigned. I considered him of weak mind?in fket, an idiot, James E. Hrna, late keeper of the City Prison, ?worn.? This witness stated that the prisoner was under hie care until the 2d of July?that be acted very strangely, and that he was of weak mind. Witness believed him at intervals to be incapable of judging between right and wrong. William Bauer, sworn.?Witness considered prisoner to be an imbecile in mind. He was onca attached to a benevolent society, of which I also was a member, about eight years since. His conduct was of that atrange and incomprehensible a character that the society dismissed him, both on account of weakness of intellect, and apparent want of knowledge, and total indifference aa te what was passing around him at the meeting. The testimony in the case here closed, and the commissioners intend transmitting the evidence taken before them to the Uovernor forthwith, in order to enable him to decide on the propriety of granting the application that has been made to him to commute the sentence of death passed upon the prisoner to imprisonment in the State Prison for life. Indictments roa Passing Counterfeit Monet?Five indictments have lieen found by the present Orand Jury sgainst Josiah \lerritt, for passing counterfeit bills of the (ireonuich Bank of this city, and three against Patrick Kelly for nlso passing the same notes. More or John Smith?A number of Art goods dealora visited the Tombs yesterday to recognise the expert rogue John Smith, who has fleeced them of various articles of merchandise during the past few months, as staled in tho Herald yesterday. One of the gentlemen informed ns that a few- days since he rame into nis store and examined several pieces and remnants of muslin and linen, snd at last selected a piocc of muslin which he requested should be sent to his house, the number and street of which he rfit'iv ll?? silftn nnnirnl thn nrirp of a tiiorti of #?*n>ll<-nt linrn, but concluded not to tate it (it that time. The pro priotor of the ?torr hn<i i.ot been absent from ttjc premise* over live minutes with the muslin,when John w?'tt. Jm? in, and stated that he believed he would return*,, his hou?e and take the linen w ith him, if peimitted, and that lie should probably meet the store keeper on his route up the street, tut would certainly find him at his house. The ladies iu the store consented, and Smith took off the piece of linen, and has not been seen since except in the Tomlis. The dwelling Riven hy litrn was found, hut no such family as Smith ot I." wis resided there. Let others who have In en thus defrauded appear and recognise him. Brain.var or a Shoc Stosc.?The hoot and shoe store of J. D. Barker, ISO ('Ifttham street w as entered on Tuesday evening by burglar* picking the front door Iock, and Imots and shoos stolen valued at *.100. Three candles were found in the store in the morning, and the rogues had selected nil the best goods in the store that were ready of access. The adjoining store was open till twelve o'clock at night, and the hnrglary must therefore have Ukcn pluce after that hour. Where were the watchi.iesi ' Pf r< acio-, Darisarinrss.?A little girl named Cathaline MrMannis, only ten years old, was taken into the Police Office yesterday morning in a state of beastly in:oxication. She hud a market basket with vegetables in lier |K>ssesaioii. Taiauvic or Rrsrr. r to ? Ritsoi criossav VsTrasis.? m Tuesday the Independence Guards, under command of ^ajitain J. P. C?rne3, paraded, and during the course of heir march passed the residence of Colonel Michael Smith, s soldier of the Revolution, in Grand, near \1ott street. Tho company immediately halted, and placed a guard of honor on each side of the stoop of the aouse, the band struck up, " Hail to the Chief," and the sompany formed in line, and presented arms. The old veteran, who is too infirm to walk, was brought to the loor, and the company then formed in sections and passed n review before him. Feelingsof other days rushed upon :hc old man. mid hi*emotions were such that he burst into e?r?. Colonel Smith Is a native of Cornwall, Orange onnty, in this Stale, and look up arms a second time in lefeuee of his country In Ihe wsr "f ISt'J; he is now SS rears of age, and his mental faculties are not in the least impaired; nearly all his generation have passed away, ind in a few short years there will not lie one of that galI n hand w ho achieved onr independence, left to relate the p Tils of" the times that tried men's souls,"therefora it is meet and proper they should not psss to the grave without fitting honors to their patriotism snd devotion to heir country being bestowed hy the present generation. Loo* Out.?One dollar notes ol the Kxrimago Bank 0| Providence, H- faltered to tens, ate in circulation.