Newspaper of The New York Herald, May 6, 1845, Page 1

Newspaper of The New York Herald dated May 6, 1845 Page 1
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THE NEW YORK HERALD. Vol. XI., No. Ht-Whol* No. 40M6. NEW YORK, TUESDAY MORNING, MAY 6, 1845. PiU? Two C?nta Trial of CapUla WIlkM. WASHiKuroif, May 2d, l&lfl. We communicate at length, for the Htrald, a re port of the testimony in thin important caa?. It waa brought before the Circuit Court, sittiing for thia c"y, on Tuesday, the 22d ult., and the four succeed ing days were expended in taking the evidence of witnesses, when die Court adjourned over to the Monday following. On that day the examination of witnesses was resumed, and cloaed (excepting the testimony of Gellen and Walker) on Tuesday even ing. The attorneys were occupied the next day in proposing and discussing the instructions to be sub mitted by the Court ; and on Thursday, Judge Cranch having submitted the grounds upon which the jury were to found ? verdict, Mr. May aPPeal ?d before the jury in behalf of the plaintiffs, and was Wowed by Mr. Bradley for the defendant; whe" Mr. May closed the argument in a general review of he positions and facts assumed and defended by die opposing counsel. The case then, at 7 o'clock in the evening was Emitted to the jury, with leave to ad journ ajid meet again in the morning. To-dav a ver dict was returned between two and three o'clock exculpating Wilkes entirely in the case of Rnh?? * w?300 each iu & cl' svarMfS-viffl'S from our own notes taken on the soot Ma u extraneous matter of the the evident omitted; but little we anorehend ' ? cou??> I re5ud*entri0n tf the f"fon ?AirTde" 10 " fEir were Messre! Thomai Bai^ '^wiTsma? cli?* Den^m.^George'w'^^rkn^ V' ^ Bell, Elias f rave? ?? ne8e> Richard M. gaate!1 Um rSffS^fssteiSB? E?~ CT""" C?* -1 Trial op Captain Wilkes bi'r liuHI' 'rt'J "cKri"',"u*11? WBJS5 on board the United Statesahilfvi 8aid Samuel) the high seas, and forcibly nlarJ-H }I?cei?ne.8? then on detaining him for five lLuwfrt. 1,1 lro?8? t^UB the said .Samuel was ILen ironed "3 "J?ip the 4th December, 1840 the dpfniH.nt j That on assault on said Samuel on & .W anotht'r with a cat-o-nine-tails X? ? Jl?/*nne,' strokes and blows on th^ bodv of 8aid ?dl T? he was then placed again m irons ?nd ?oner 011 board shipforfour davs and ?,fn, a' ar?n" food and drink?that on the 7th'n?^.?iS. 'rn 18 lng, the said Samuel was turain <wf it*r f?U?w " cat-o'-nine-tails," th5 confinement on board shin n? kirons and 8th December followYng.Snd d.vei?o^r''I ?n Lhe tween that and the 1? of Ju^ made another assault on said SamuH wh j'^8 as a prisoner all that Sm whhSS? -St WttS or probable cause whatsoever nnj ^ Reasonable the United StatVa'^to th/,^afl^ttheJ*aceof "KS; ?"*"'?h" wSMSff'' RI CHART) koE, ( Podges, Arc. . ? H. May, The declarations of the twon^7 f?r Plaj.nufi" Roberto and rhilip B??b .re d.jhB!?IPe,ain,,ffs'?wm npon wlUch KXftS? "? which the Jury would be called To ^ up?n cision. in an address ofgreatmnZLFir' * a deeply ? mpressiye manner. m7&2?JTAX the Vincennes during most onhemi^''1'''!)11''!, ^1 lying at die Sandwich Xl S recolfi ct whether thevwere^rnn!~? k ?r; do not they had irons on their hands thev Pt*aume fort on the Island; donWoW h^^.T' ,0 the kept there: wc sailed on the 4di Tu re could not finve been there longer than tW "lie I book does not show when ik.? . lo? The Peacock sailed the 2d Decernl^?6 ?a k0!i L i one of the marines who h?H i mber, and Smith, wiled in her. IMnSman Was n^ - fort? I af: dabTe'if!?FrF ~nt; temporary scaff^d Vrwted fnr & menwere the walls in sight of the ak;n ?i ? ~at purpose on deprived of Sffr Si? A. Jfr""* the fori, ,?dkSZuSAfcHXTr j? callcd when thfv w?? -i? j All hands were naked skin and tied Have ,on the J fendant said h* W?Bm J3l collectlon ,h?t de ?ergeant of ittnnZ.ti responsibility; the Aowto dwn the terms they Se bound?,*PKIn u"d contract and that uVj ? , ,0 ^y their ney*: saw the contract^'thaf wonU hi' H boun^ STon of the Captain or the R,powe^ ?peaks of his authority, nor does' the 1r?"eV?>r ?ver question it; 1 do not recXct ^emff ,hI ",C',am aboard, but presume they were in ir?!IR .u ome ti C"ered|i'X;&l"<"'n' "ld 'V^e mean' drink, and we could n?, . "ob?>r,8 ?ould | Biiah waa f##H/l'h ;# . lrus^ him on shore; Cl^in Wilk^ Wa^.n^ ^ lh" '>>?' ft* man ?? (Eh V*?,h*. ?brrva,ory? wa- in rfc shi,, quently on board' rh.i i 0 '"'ar< "o frc out of command. He w.1<4 con?iHered him and no one was ever ? L HI#fT,al distance, Log book 2Dth June 1841~\? ,W' -0U' hlB 9rd".? tioned; none as beinjr nunu?h^ K",.n 8 nn",ir mrn" ?Hli. Cape W.lkes^ad blJn toT.^" U"' m> anH ftirncd to the shin on the 23d- i> 1lnoun,al?"; ?-1 have been whip,*/i^ for,. ,?'? not home m the ship; fthev rotn^.i, j M,Pn '-?nie fused to me.fnee o fa^ bef^rdol?my J guard wni larger than wn? /'h'" marine tint class, three or four more thu, th", , r"wl" "f m<-iii I do not recollect the exore*., *!Ia r?mp^" tam W , would pumsh tlVe menP^e?' .k*'h? nerlecl in Uie officer keeninir th/V i iW merfi facts did not occur! ffflndS? J"? ??k' or ,l,c minotion for the present.] UVM cro88-""? padi^on^a mthTmatical instn'" 'hf Ejtl''or,nK %* repair instruments, drc.- maker, and to, Oahu; was then livfrur olisk^L t ? v'?cennes at have a faint recolle^ion ^f ished twice on boartZ ^.2 ^n pun and she sailed from ( tahu- I know that "board were imprisoned in the fort nr ir ' ? , ?' them there on one occasion-as far Hs mlT" ,! MW Mmi,h he was not in irens; 'at the sai c tirno r ?nif0<'H man ut a short distance from me in th, ^ fort; do not recollect that he was In !rnn , with Mr. Steams, die seiw^nf^fliif 1 Wenl them in .he fbk/to"w' return to duty; I saw him talkinir with ,-?,n"n,*n to u.' /"di. X t Oahu.exctpt Durnnan, hecarne home m the Por the^xD?,lwf^fNRIDO,E'~"1 WM ?"??istant botanist of Sre t oTJtt S "I pu" char?ed with the home' and now at the While i M m??e .lnte"or of the island i>uaiahment when on board. We were alJ called mu?havruniihme",! 2 1 had beenonboardl Ba !h JnHlTkl! " ; tWO of them returned with us, WC reacHSd ll?e Uni,ed Statw) in ifco WtTw, y Teru conttnt'd ,n lron* on board SftearfW!^^het^er81n?le or double; I did j iwdkes threaten to flog them everv iSdin .L X "turned to duty; something wZ t?id in the shape of advice, to go to duty, to avoid wtrT?7^,pu?,8hrnt; 7 8aid ^e,r term was up, and refused; they were detained, I presume becaust? their services were required: their service we w?rA ?Tfry arduoua a,:d difficult m the South! werflh- 5 t0 dle Northwest Coast; they wftif nTniPitf Wlth acat;" ^at is an instrimem witij nme thongs, made of small rope or cord about the Size of this qu.U ; I should say u wotdd smart butl never sawn draw blood. ' thf h M^ramin^THM been in tl>e f?l. and seen ^rnn??T8 m.* ? prisoners are confined; they are arranged within the walla of the fort, with the hack to the wall, and the front looking out on an own area or space; there are no doors to close them nnH Uiey are not needed for comfort i^ ^at climate * on^ oftheroomsl visited was twelve to fourteen fee^ Se wtllTwdTh.0,!1 Kfl??L.r' a"d mata fairground veiy comfortable ; another was somewhat smaller with a'bunk on the fl?0r' raal8 ?fll>r on two eides' wiui a Dunk on the floor and mats in it ? it wan no. ^mforUble nlare ? but 8tiU far ^rom an >? Dlanf^rH1^ a,heaith.ful> nutritious, and invigorating' r?vaenokC.fC^her n??ib.0taniC,a11?^ ^ ss&st s "risa* Sp'-tdid r,h ? anything out of the ordinary way! observe Samuel Pknsvl.?I was one of the marine ouarrl on the V incennes; before we cot to Oahu the time the me" "pired; they agreed to kew on till they got to Oahu, where they could be sent I befom tte5fn Ii?I10'uJul there was liberty given ^nntefu"di0ud0iul^ ^ter Smith's time was up we requested the Sergeant to speak to the iSSUft ? ir HZ&SBLf* StX ere vessels to go home in; he dismissed us about XVUk2?"cI^ wWent forward; he sent for Capt. viUies, Capt. W. came aboard, called us asked us ?he">? Question, we gave him Uirlame he told Mr. Carr to take us ashore inT.^le irons' and then to put us m double irons and kfep usin prison uH the ship sailed? we were Xn whore m single irons, in cnarge of^an officer of the shin and two Sergeants, taken to the fort, put into a cell all diree together; in the first place In double iron^ Sergeant of the guard put them on before hi ?eft ? the irons were carried from the ship; we were left be1* aJone, except the boatswain of the fort as thev oalled him, to look after us; kept m that ce" Two day?. 'hen *P?rated each to his own cell and k?w in the fort eighteen or twenty days; kept in doubfe irons,except when alio wedf to go outon nece^aS occasions; then they were taken off and a aentJ^ b/ou*bt u"back- aad put the irons again, none of our countrymen were with ua in ????J eaC&eJ?"the hrst place tliey ?? my celt the? W? nothiW butHa b^nk'on*! 1 SdTutlir-^eTleve^"?^ tfl?pr; h ^as dirty there^fJw' "" a c]eaiI '"irt while we were there, fed us on taro and fish; the taro was fresh but sometimes the fish was not eood and I |,Ih m ?way. In the foHhe natives'^ the^ad'ntheaLm^ " wht'r,hpy w<>re not 'roned, but iley naci the same sort of treatment otherwise ? th* sergeant was in once: .Lieut. Pincknev anrl DrVil lou were also there; fcapt. Wilke, d7d not eil us" how long we had to serve, but he said he would hold ?n,?liL ?TT resP?'wlbility till the end of the cruise and he would punish us every day till we went to duty; he did not let us state our case to him* anolfi tne omcer, Mr. Colvociressis took us on shore ? the natives turned out to see us brought on shore and !>??*; Weil,? had Sr hSd,?? to duties. u **? tt"ked UB lf we would go to duty, we told him our terms had expired and we did not wish to serve any longer: he then told Mr < arr to put us m the bng'in doub e iroSr no Jer^ Mons were used byCapf W. to induce u? to ^e?um tdonb?k WcIZ tiU next day, then cal . ' ck> CaPf- W. asked us if we would return to duty; we answered him same as before; he then Kk"alS!^ , a U8 a do2cn on the bare ,a',er whipping, he ordered Mr. Carr to put us to dutj; we still remained on deck but did nni anything; in the evening, did not go to quarters- the sergeant reported us, anc/ then we were ordered'into dav Ilien?h8 'n {. "bng": continued there till next S ??rA?L'l8>ngWay " ^fo^; be -iskod again "tne same questions ? we mu u;?, mime answer, and he ordered us to be stiwd Ind w? ditf not go to quarters; were reported hi ai-^Sy m'ron8' and ^Pt till next^morn ?m. .k!l npl ?w; next day called up acain ,^ei,^?Ha?alI1' whlPPed and let go; in the even ing reported, put in prison, brought up next day the ?Jtfi time and then went to dutyf 1 recollect KoLen! toId^2Tieb-Utth ??n>t k"?^ whatS ^hetodd t'ctober, 1836; joined the Relief, and went into the ?pcdK:",aa i&tsl%z!?l ?jssra Etfsa r.xiji.SJHi a j might Ew itr1*'1 rp,ni" i:dH,n 'old us we was libertv i>! ?,n "bore and I understood this i .M,so and l?nryi.lw"U from New York to Val cennes* When ? WM tran?ferred to the Vin when we v. r r? n,7C TO ? 0ahu.. ond afterwards, fer u" to thT^e^led,.C!^ln ^eadid not re! fiwKsgasis made any explanations I'',n?bm C<> to duty, or he would flog us ever)' day. Stearns *a? our ?emeant: then- was no conuniw oned o(R ceroi. board: IJaab.8n.ithand I refused dSZAher we had a conversation with each other. J,d ??reed and wc went with the sergeant to Mr. ('arr TthTnk bTen .Trtir m ,t6bri?"t 'bat time; we had been at the island a week or two; I don't recollect I 52 time "nor ",l ? g0t h," T0"H off ''"ring T/n'? Iat anyLhild Sot d"ink while m the siteJ n- l ,rLC?fllerr ^h'n * nckney and Gillou vi davsafter J ! 'hry rJam'' 'o^ether, about ten mid *' ron"ned; the sergeant, 5trarns, nie thi? k!!.' i\jme fo 1?f l>insman: Dinsman told When V e d'f n?l 'rlL mc wh"' ?ey came for. aiiswer^r'0rnrf^ar,d; CaP' W"ke.made ,w no Mr. Carr and 3/k to ,0 ^u,y? bul turned to don't ree'ollect d|b'.m to-Put>n double irons I uniform when he rlri'I'i finckney had on his on alio re to gn home hiii^Tf il U,.h(; "Bld hr WIU' olfby Mr. Rownn- J heard the rviper read the cabin; we were called do**1*?1" in was in l.'delin said it was hbertv JIT" to A' door; t aP' us three days liberty on shTr^ftlJ?- je would give I"- Ji feTi'ggay.o or in. no knowlecl^of any representation to the (JSS!T? th!*^ 'Uadr the money which had been advanced of -d the paper which was read hyX Roi^r,r,rUrn received anything but the ?io0r *15 |?b^?J ? n ver al? u" {^per""nowri to wTtnei,?" the^hZZ Articles, the other Com. Jones' General Order^o 2. Witness never saw the foriner-thinks the latter is the one read by Mr. Rowan ] Dwtet.? I never received an increase of pay in consequence of being on this cruize. It was refused by tlie Department. "The paper Mr. Rowan read was laid on the Booby House" for half a day. and might have been seen by all the men. It was left therefor the meb to read. Plaintiffs rested. Ovkrtow Caer recalled to the stand by Mr. Brad ley. I sailed in the expedition as a lieutenant un der a special commission from the President, and was afterwards appointed first lieutenant of the Vin cennes, and as such served in the expedition into f~e Antarctic. On that cruize we endured great hardship and exposure; tlie ship suffered gready] we afterwards, in the month of Sept. 1840, arrived at Oahu; while there, we were obliged to overhaul the ship completely, to break up her hold, down to, but without removing her water tanks, which were re ruled, and the whole of the steerage was moved, and the ship thoroughly cleansed and ventilated: she had then been on a long voyage in high southern lati tudes, and passed gradually, and with occasional stoppages, through the tropics to the Sandwich Is lands; of course the overhauling was very thorough; besides this her foremast had received so muchin jury that it had U> be taken out; and all the suils and rigging of the other masts were taken down or rigid ly, overhauled; the ship was also caulked antfre paired throughout; in making these repairs, although we were actively employed; we were engaged until the scientific corps had completed their surveys on shore, and were ready to embark: previous to our reaching this island, as the terms of some of the sea men, who had enlisted for only three years, were about to expire,'Capt. Wilkes mustered the men, and addressed them, complimenting them on the faith fulness with which they had discharged their duties, and informing them that as the term of enlistment of some of them was about to expire, he would, on our arrival at Honoholu, give them liberty, and in con sideration of the good conduct of all, he would ex tend the liberty to the whole ships's company; that the cruize was not yet near up. they had yet to ex plore the Northern Pacific, and he wanted the ser vices of such men in that cruize; that after their li berty was expired, he would expect all those whose term oi service was up, to re-enlist, when he would give them the bounty provided by the law, and allow them the extra pay, and he would endeavor to get extra pay for all on account of the nature and value of their services: I understood this address to be to the seamen; the marines he did not mention, otherwise than by inaluding them among those for whom he would endeavor to get increased pay; alter our arrival at Oahu the Captain went on shore and established an observatory in sight of the ship and other otiicera and men were detailed to the exe cution of the scientific objects of the cruize ; I was lett in charge of the ship with one or two other offi cers and such men ahd marines as were deemed ne cessary ; liberty was given to the men, and on their return to duty we immediately began the* overhaul ing and repairs; in this we were constantly en gaged, I keeping up a regular communication with the Captain; we lay close to the shore ; it was ne cessary to do so while we were taking out the fore mast ; we were surrounded day and night by tlie natives, some of whom almost live in the water, and employed as the men were and with the marine I guard I had. it was impossible to prevent communi cation between them and the men ; the discipline of the ship was kept up and the men kept at their duty : there.was some occasional disorder in the shape of drunkenness, of course, and men were occasionally imprisoned; the marines were the guard of the ship; on the 16th November, the plaintiffBaab, the witness Pensyl, and a marine named Smith, were reported to me by the sergeant as refusing to do duty; there was no commissioned officer of ma rines in the squadron; they were commanded by Sergeant Stearns, who was also their quarter-mas ter: he made this report to me 5 I called the men, and when they came, asked them what was their reason for thus refusing; they said their time of en listment was out and they wished to go home, and had come to the conclusion not to do duty any more ; my duty was clear; I reported to the Cap ta\? 'j l ca,ne on hoard, and 1 made my report; he called them before him, they came, and he asked what they meant by this refusal; they answered him as they had me, and he ordered them to be sent on shore to uie fort; this was done ua I have stated at hint j before thin tune n man in prison on board, un der guard of the marines in double irons, had es caped, leaving his irons in hiB place ; another had escaped from imprisonment in broad day time; another had been permitted to gat drunk while in prison, and the vigilance of the marine guard from some cause was certainly relaxed : I did not go the fort; it was not my duty ; no orders were given to deprive them of a single comfort in food or clothing; it was the duty of their Sergeant to look after this and report it to me if any thing was needed; he did not report to me on the subject. He went with them to the tort, was on shore almost every day, and might h?ve visited them in the ^fort. It was not the duty of the captain to look after this unless complaint was made to him. lie was obliged to rely ou the reports Irom the officers. I did not tlieu thiuk it safe, and my opinion now is it was not safe to keep these pri soners on board the ship; it would have been very doubtful if not improbable that they could have been kept there, situated as we then were. I do not recollect these men being brought aboard; 1 have no recollection of standing at the gangway with Capt. \? ilkes, as stated by Pensyl, nor of his having then ordered them into custody. I do recollect their being brought up the next day in irons. I well remember that Captain Wilkes then remonstrated with them, told them they had shipped for the cruise and it was his duty to detain them; that he called the Sergeant and told him to explain to the men the contract under which they had agreed to serve for the cruise ; that the Sergeant told them of it, and of the bounty they had received; they denied it. Captain Wikes told them he must detain them, that their iervices were absolutely necessary, and he must punish them if they refused to do duty; they did refuse, and were punished. He then order ed me to et them go at large among the crew, in in order that they might learn their duty by talking with their comrades, and return to it. I will not say positively that this occurred on the first day, my impression is it did occur then, I know it did at one tune, and preceding their punishment. Dinsman was sent to the fort, as I have stated in my first ex amination. He was with Baab, Pensyl, and Smith when they were punished. I have no recollection of Robert's having been punished. At the time of the punishment Captain Wilkes was calm, cool and collected. The services of these men were in my opinion essential to the cruise, especially in that part of it on which we were then entering?we had had experience of their necessity, particularly in the l-ejee Islands, in which we lost valuable officers by the attacks of the natives. The countries we were about to visit were peopled by a still more ferocious race, and provided with better means of offence. As to vermin I have reason to believe, and do belisve, there were none on these men when they came on board Irom the fort. My reasons are these: It was the duty of the Sergeant of Marines, acting as quarter master, to report to me regularly the condition of the men, clothing, and their state of cleanlines. This I was necessary to their health. He was particularly | instructed on this matter of vermin, and I have rea son to believe he was faithful in that particular. I am confident and positive that there was but one in stance of this Jkind during the whole cruize, and it was not in regard to these men, or either of them. It, therefore, could scarcely have been iwssible for them to have them without my knowing it, besides their clothes were regularly and publicly overhauled. I did not observe that these men exhibited any to ken of having suffered in their health during their confinement. They might have been confined on hoard the ship as I have stated, if we had known who to trust. Cro$*-cxa>nin?d,?Vincennes; live or six sci entific; four lieutenants; six 'midshipmen and passed^ complement of sloop of war. I have sailed 111 sloop of war with 12 and with 18; larger marine guard than was customary; had manacles ol imprisonment; never sailed in a vessel so situa ted ; can t say it was not possible to keep tlieni on board; we might have called the olHcers and armed them; a single man is sufficient to guard a man in irons; the natives inoffensive, unarmed, without means to rescue men; the discipline of the ship and the authority of its officers were not relaxed; there was a great deal of drunkenness on board, but that w as not from any indulgence on the part of the offi cers; the shin was so situated that wo could not prevent it; 1 shoukl be sorry to think there were not 5?""?a" ?ra?y as natives to guard the men ; irons and sufficient guard could have kept the men, but the guard did not do their duty; the sergeant was ashore every day; 1 do not know what he was doing, he was under the command of thf1 captain ? the marine guard did not do their duty; we don't clow- the ports in that climate; 1 should say it wou'd make it more of a prison than the fort on the island ? the clOBing ofbne port would not have made any material difference: with the means and men we had on hoard, we could, and ought to have kept them I have said that a man esca^d from prmon; another got drunk, and I could not prevent it; this continued all the time the vessel Jaid in that condition; if wn hud drawn the ship,out in the outerport, it would not hive been safe, with the foremast out; it was neces sary to lie where we were; the commander permit ted the men to go ashore, and if they got drunk we look no notice of itj the same causes existed for Lifiw? Inienu0ri ru UP to the time the ship nn.lm?rinla clo'5hu,& Was provide J for the seamen cmiz?- ' i! "us served out ,0 them durinK the WM fuVnul ) ,enK clothing for the cold climate was furnished to them they were charged with it and when they came to a warmer climate such c!?r ofDti,WaVgain pl2CeJd in the custo<ly of an otfi retn?L I P' murked- and preserved until they re umed, or came again to a cold climate when the andCiuXfnI,!i?am "erved out to them respectively, ana such articles tn were worn out or lost were Mid ? uby i United States; the men had had tSeir clothes bags taken witli them; it would have been ?JlecUt%Jt%^eant ,0report me:Ido notn? i'.u heLdld 8,? rejwrt to me, nor do I remem ber whether their clothes bags were sent; no coni pkmt was ever made to me, as the first officer of w' clothing was not furnished to them: I master at anns on board the ship, his name was Jarrett; he never did duty as a marine u Welj ^lore November 3d, 1840, and was dis^ charged; Corporal Doblcrnan. of tlie marines was master at arms after the 1st November, 1840- it was theCaptain a appointment; he had been previously ships corporal who is the assistant of tha master a^ aj-ms; it was the duty of the master at anns, or the sergeant, to report to me if the men had vermin on these'men 81 ^ wa* mad? '?me abZ Samuel Penryt-?States distinctly now that Dr tot,? ^k Pln1Vkn,;y, <Lieut- Pinckney) came nofth. ??! JUf.C [, w l*?e wa8ln Prison ?t Ho snuat^n S? 7 ?Tfon and talk about his SKS'JtS ? d hlP ^ were then under ar rest, and could not make any communication to the and ,!leir be^al,: th<>y also inquired after ZftJr ** 0ther I,ruonerei this he thinks was elm,. Was ""PHfoned; that Dinsman also request, and tlieygave him a message tolthe sergeant to semi them some clothes, and m renliP,f?h!!gfl . r?turned> and 8??d the sergeant had let th^m^nv Ileut.enant had ordered him not to have any clothes; the sergeant put on the hnn /'0ns lk 'r e rt'^he master at arms put on the hand irons before we left the ship; Mr. Cofvociressis nZ? ?Ie8?int wh,fn Te were ironed at the fort; I do not recollect that he was present when we were the^tree?. tl?eve:,aeli we wpre carried through the mreets to the fort, in the presence of the natives ftsa'"' h,pp""d ,o be ^' Mr. Budd.?Was an officer of the Exploring Ex .1. a" .^as,er of the. Peacock ; I aftemards r? K j 7? k mcennes as lieutenant, before she In ) {Le ,u: *5 ()ldlu I was attached to the ship and was on board on the 16th November, 1840- at that tune, or about that time, we had our foremast stay therl3 W "0t IE* V Tf on that day; during our thti,?u ' L0^rt,"i^?d her completely; broke up diirin? m,?n November sent the sails aahore;

unng my watch one afternoon, about that time a IJnan "caprd from the brig in the ship' got overboard, and clear off; I reported to the first lieutenant, and we despatched boats after him with I out success; 1 do not think it would have been safe ' ??-?n three or /our marines on board; the I plaintiffs were sent ashore under guard ofDobleman offil* A?th?ah aeS.S,a B*reeant? and in charge of an *!!a t the ship-the Governor resided in the fort and I visited him there more than once ; the fort it self seemed to be kept in as good order as it could I be in auch a country; the Governor spoke English- I never was in the prison; I do not recollect when these men came aboard; but on the 4th they were Lffi'W?ither 0n that occasion, or sub sequently, Captain Wilkea remonstrated with them juid explained to them his obligation and duty te pu regret that tliey compelled h?m to punish them; there was no unusual decree of se verity m the punishment, or the mode of its inflic tion but the contrary; Captain WilkT. did n? a? {far t?.b5,in a Passion, nor did he exhibit any other than kindly feelings towards them; this is very SaVE8 ?n my ,nind; the cUmate is ve? Mr. Tottkn.?\Vasa passed midshipman, and as such joined the \ incennes; in August, 1840 was made sailing master of the Vincent, and was so 1 acting when we lay at Oahu; I was master on shore* I lttj u,n astronomical observations; oil board I had charge of the breaki* up of thehofdLveno knowledge of any want ofTiligence on the i?rt of l!,e condition of the ship was suih that it would have b*en unsafe to have imprisoned three orfouriuarme^o^ the ship; I rSect when ,neiJ W^re called up for punishment, the CaDtain expostulated with them, anaurged them to return to nTDer Wlui unusually mild and cahn; they refused, and were punished more than once* cer tainly not more than three tunes; it was the duty of ,o ra,,lx *>*? ?&%?. o hMrrfifthmn"I!f8 could have been confined ? 17 lf they^had been put in the hold, and iron ed, and hatches put over them: there were mnrinll ed"tilfe could have told who were to be trust ed, the officers might have guarded them, if thevhaH had no other duties to perform; I do noiknow WhS great ded'bSterT" 'k? Captam'8 business; it was a j ?ndex?emof!" Cmne8 0, PUIU8hraent. naturf nf ?h2?,Jh'min?/c-Thc filing master has charge enti in a .?U?e t'h"' ? CeF ?f deck make8 kJ .L - T ' thence it is copied into the log book Lk ?^lmE ma8tT' fi!?ned by 'he officer of the d? ck. and submitted to the captain; the captain can n.,t alter, n?r can he prevent an ofKcer, by any o^er make 18 theJdut>r oftl'e ?^er make them, I am confident and positive they were not punished on Sunday. y fre re^:l!0Urned 0VeT- to Monday?the foregoiug Se S^f ?,n&9jCUpied court from Tuesday, Uie fiSnd ult. to Pnday evening, inclusive. Mr W n n? Mowda*, April 28,1845. plorinir ernwHitf^0*ENRID.OE> a botanist of the ex fe d ' examined by Mr. Bradlky? somethi said by the commander in J" .nc.e J? taking reHponsibihty of whipping pri soners, but what it was. could not now exactly state on pan ot Lieut. Wilkes: the services of the ma rines were very essential in the cruise. w!mT?n|wrf by Mf- May.-The marines not rr ,"n 8hf'')Wcre required on shore; I remember wm not in thl i- llpcJ by the commander; witness the sciennrir en? nav^' but was attached to dueu>fnB?l?K d no experience in the con wliiiminiT MA k t8-' Bea; am of opinion that not in Sfi h?k!l raC 19 a 8evere PUn>?hmentj was ?v iVilf of Wlt"essing men flogged: did not pSniahmenrrwKgna^Ce '0 > K^ee>0Ut tAink that SidSt^v de8erved ought to be inflicted; hi.7 1',^. .ad a "PUgnance to see a man flogged, HiH-ctacl^ the J?8 no,4 aii or instructive sLor? w;~ .hT' 2' th<> Cannes, on ship or protect^ ?n WdrrTlfUKl: 1 was under their PJkf^ n land .several times: it would certam <leHer^enj.r'tL? ,P" PT"'.? W^en they did n?t deserve it?that is perfectly clear. j':LL,OT swown ?Sailed with the Kx aS'7 chaplnin. Was at the island of >ahu in 1810, when the expedition lay there, and k - j" "bore; know nothing of the fort; it was a short distance from the ship; Iwas not within the en closure of the fort; had no positive knowledge of the fort being a place of confinement of disorderly sea men TS'r VeW,"! but h"rd U,at ^^fl^on't "ay anything what they told you; we wunt only vour own evidence. kn ?!ST W M0" 8hr0r? "f tHe island ?f Cahu; I knew of an assemblage of seamen on the 9th of Octo vfe^ r^dr!16 P|a'nt'd8 ft,,,ong them 1 .nndmST0ny W"0brC,"d ,n ,hl8 P-rt.cularas DIM kne?r 'l?e Governor of the fort at | blv foV co,nmL?8pCak Ln?,,8h sufficiently intellig, luu hl w? r conversation^ it is my impression comtn^'CMtof the missionary chnreh ulnr^rd or d"'mcUv whether I was aix?ird or on shore nt the time of the Km' "If P,"kint,tr,? 1 wa". most proba pi> on board ship when they were brought bac k rer noori^nn'sdCfw! "t" ^ kh'P ?",,ed- Wt' at | noon on Jfcf December; on the 4th, at 9 o'clock in the i mX'l^uuf wnvWBre ?#,,ed ,,p' nn<1 Punched I mander e*nrn? ^ P'aC?' 1 "'collect that the com WKSESJ s pireme.regret of tlie necessi- 1 ^ver hefTSlf^ U,e ?*"?t?? to do their duty. I I rinmutfi, k ndtt,,t Ma,e he would punish the OWn re"Pon8'b'l'ty, neither on that cure in th* .oecasion. TTiere was no difler mode Thr.?Srll,jmi.em lnflicted from the usual II the neeeLi^ r ' exprewwd his extreme regret ?l^jhrng the plaintiffs; Irecofleet sui. Wlth the American co? ihe > Awho would ceruinly have an eye to ? Americwi cuirens. I have had i?me rx|>erirnre an a aeaman. After some dispute on a point of testimony be tween counsel on either side- ' ??monv,tK by Mr. Ma v.-Were there not five or qu1redTmtt"nMOn b?ard ,ha" Wcrc actually re (?eMhan^enl^on Ik' 1 "houldsay they were all ne oeaaary, either on ahip or on ahore; as Un^ after as nrri* a y?r* the marines re always on duty, either as guards with the ex ploring excursions on land, oj in some other capa ,n? here interrupted the proceed ings, by asking ol the Court what should be done ^ the cutte of lite habeas corpus issued tor the benefit ?' | colored woman, who claimed her freedom.] Witness?I wtmon board ship the 6th and 7tn De cember. The 6th came on the Sabbath; 1 saw no man whipped that day; 1 have no recollection of see ing a man whipped on shipboard on Sunday; it is an unusal thing; I did not hear defendant say he would take the responsibility; what he might have said I did not hear?it did not occur in my hearing; I never heard him make such statement. Lieut. H. Eld sworn.?I was with the Exploring Expedition, as a Passed Midshipman, most of the cruise. I came home as Master of the Vinceniies; I was with her at Oahu, in September, October, and November, 1840, and on shore at the observatory? the observatory was a place erected for astronomical and magnetical observations, established by the commander. My duty at Oahu was partly civil, part ly military, or, rather, it was'civilduty, under military law. I was inside the fort; it was used an a place of confinement for refractory seamen from merchant ships; 1 do not know of seamen being shipped from the fort; I was not on board when the men were sent to prison; I was not often on board while the ship lay at die island; I have a general knowledge of the condition of the Vincennes at Oahu: she was pretty much the same as a ship overhauled?the hold turn ed inside out, and the casks brought out on deck; it would not have been safe or comfortable to have con fined the prisoners on board; they were much more comfortable on shore. 1 was oil board ship when she sailed; I do not recollect seeing the plaintiff's brought on board; saw them, on the 7th December, brought up the gangway; the Captain remonstrated with them, ana toTd them to resume their duty. They refused. I can't remember the language ot the Captain, but he said in effect he was sorry to whip them, yet that necessity compelled him, if they did not do their duty. They were whipped twice, perhaps three times: cannot think it possible to have occurred on Sunday. Nothing is more unusual than to whip a sailor on Sunday. We may sometimes give them a half dozen, or so. over the coat; no use of the "cats" is made on Sunday. We sailed from Oahua to theNorthwest coast; we had not too many marines; detached scientific parties going on shore^ always had an escort of marines ; we had formed five as a guard at the observatory; frequently a strong force of marines was required in the scien tific excursions on land. Crou examined by Mr. May?I lived on shore while the men were at the fort; did not see men from merchant vessels confined in the fort; it was possible that the ship's prisoners could not be detain ed, but not probable ; it is my opinion the fort was more comfortable for the prisoners than the ship; I did not go into the cells, but saw they were open, airy, ana quite comfortable; it is the custom to make entries in the log book of the whippings inflicted, and the number of stripes is always specified. The log book was here referred to in proof that it is the custom to record the floggings inflicted on board ship. Mr. Bradley?does me case to which you are re ferring. relate to these men 1 Mr. May?No, Sir; it is referred to as a proof of the " regulations in the service ; and I wish to show by it, that while the custom was adhered to in the record of other cases of flogging, in the case of these men the transaction was not entered upon the book. [After some controversy between Messrs. May and Bradley, upon this collateral issue, the reference in question was ruled out by the Court.] CapL Edclin?Wat Captain of Marine* attacked to Exploring Expedition, from May, 1837, to June, 1838: in October, 1837, I was on board the Macedonian, in New York; the (hipping article*, or contract of the marine* [marked A] was prepared on board that ihip and handed to hint; he caused it to be read diitinctly to the marines on board the ship, and explained it to them; among them was Owen Roberts; and after it was read, it was signed by Roberts in hU presence, and witnessed by him; the paper was then given to Purser Dunn, and witness does not know what became of it afterwards. The Captain of the ship has the caro of the shipping articles of the men: but the marine officer has charge of the marines, and his evidence was a list from the Adjutant'*) office of the corps. 1 am clear, distinct and positive that 1 ex plained these sirticles to the men, and that they under stood they were to serve (during the cruise, if it should last twenty years. I did not give the men liberty mo ney; liberty money is always part of their pay. J pro mised, and they received, bounty, according to these articles, for this special service, under the orders of the commander of the squadron, and,l saw the bounty paid to ami received by those whose signatures 1 have witnessed. I did not sail with the expedition; there was no commis sioned officer of marine on that expedition; they were commanded by a leigeam, Mr. Rowam says he was first Lieutenant of the lUTIeT at the time of the shipment of the plaintiffs for the cruise, in October, 1837. The expedition had than been formed for a year, and so much of the term of service of the men had expired. It was therefore deemed expedient to enlarge the time'of service, and for that purpose new shipping articles were prepared. These were seut to the several ships, and on board the Relief a general or der from Commander Jones was read to the men, and af terwards, the plaintiffs, Baab and Dinsmore, signed them in my presence. I dont recollect the fact of their having signed them, but their names are in my handwriting, and witnessed by me; 1 do not recollect that they were read over or explained to them at the time; but it is my uni form practice to ask the men if they understand the arti cles; and if they say no, to read them over carefully to them. If they say yes, their signatures would be taken at once. I have no recollection of what was done in this installed. If the articles differed from the general order of Commodore Jones, I would not hare thought it my duty to go farther than to ask the men whether they knew what they were signing?that was their business. If they said yes, 1 would hare taken their signatures without giving any explanation. If they said no, I would have lead them over?not otherwise. If the Commodore chose to change his orders, it would not have made any difference in my practice. Mr. Purser Dc** testified a? to the payment of the bounty money. Mr.Pi'RSER SruEDEN re-examined.?I was on board ship at Oahu in September, 1840; was of the crew of the Peacock; I recollect the Itime the Vincennes was undergoing repairs; 1 Uvea on shore: I was in side the walls of the fort several times; the area of the fort was very extensive; there was a good deal of spare ground; und there was a row of shantees along the wall inside to cover the prisoners from the sun; 1 was in the shantees; I conversed with at least one person sitting in the shade of one of the shanties?he was a prisoner from the crew of the Peacock; I only know lrom hearsay that men from merchant vessels were kept as prisoners in the fort; the fort had a wall made of coral; it may have been of earth and straw, but I am of the impression that the wall was of coral; the fort was on u level, it was very large, holding frequently five or six hundred KanaAaas, or islana ders; the Governors residence was inside the fort; have no recollection of any cells in the fort; do not know what cells are; there were shanties in the fort but no cells; the entrance to the fort was guarded at two gates, one fronting the sea, the other the town; guards were stationed there on the walls; the walls were, perhaps, 12 or 15 feet high; 1 should think about 12; the shanties were decidedly more comfort able than the ship; 1 remarked to Sutton, a prisoner in one of the shanties, that he was very comfortable sitting there in the shade, while his shipmate* were toiling in the sun scraping the decks; I was not on boardthe Vincenne*. [Examination suspended on account of the return of the writ of habeas corpus, "with the colored girl mentioned by Mr. Hoban aa claiming her freedom. The girl a pretty nnd fascinating, bright-eyed, mis chievous looking mulatto of 18 years. In examina tion of the evidence pro and am, she wan discharged as free ] Examination rimmed.?Mr. Lieut Bijur sworn, examined by Mr. May.?Was an officer of the Ex ploring Expedition at Oaliu in 1840; wai on board the | Peacock, one of the exploring squadron: the ship lay | in the harbor of Honolulu, near the Vincennes. The Porpoise was there purt ot the time; she was also one of the exploring squadron. tjurntion by >Ir May.?Was not the Peacock in , a condition to hold four marines as prisoners at the time 1 Mr. Bradley objected, and appealed to the court. Mr. May wns sustained in his question as relevant to the testimony. Witness.?The Peacock could have confined four marines, or more than that number at one time under charge of the sentry, on board. Had more thiin that number at one time Vw*?/toM by Mr. May.?Which was the nearest, the fort on the shore or the Peacock, to the Vin cennes 1 Anttce.?The Peacock. If the Vincennes had on her guard, she ought to have been able to confine four prisoners. 1 am of opinion that u ship which could not so take charge of her own prisoners, ought not to be in commission.? 1 know the plaintiffs; knew them on hoard other ships: they were orderly and re spectable sailors; Dinsman was particularly clever; there are various ways of making prisoner* safe on shipboard, even without a guard, so that they can't get nway unless they pull the deck off with tliem ; 1 have been in the foii at Oahu ; only once on duty ; on the occasion of the imprisonment of one of the Peacock's crew, for some disturbance in the town : the fort is not a very clean place ; walked inside very lightly; place of confinement of all sorts of prisoners, strumpets, nnd-eo-fortli; a verv dirty place ; men from ships confined tlieic were likely to bring vermin on board ship; did not think it a fit place for a seaman, and brought one away myself, by command of the Executive officer ol the Pea cock ; do not know that these men were in the fort at the time * it ia customary to allow rations, or mo ney for them in lieu thereof", on hoard ship ; under cover should suppose the fort was not dry, being composed of coral, and very porous, and down on the point, not six feet above the level of the sea ? 1 was acquainted with the food called taro ? (uaiju which ulaintiffujiay they were fed,) it is food aom#. tiling like a potatoe ; aot^ good ; a clammy one will clog a man's stomach; there is a great differ ence in the quality ; but the best of the article.ia not as good as a potatoe ; it n^the custom of the service to record in the log book theLfioggings indicted at sea, and the number of stripes, and I believe there is | h recent regulation to this effect, by order of Mr j I pshur, late Secretary of the Navy. Crou-txumintd by Mr. Bka.l>l,ky?1 have beeniin the service nine years and four mouths. Sailed in the exploring expedition as actingJmidshipman; was on board the Macedonian before ;the exploring ex 1 pedmon, but not*to sea in that ship. My duty at Oahu was partly?asJiore, partly on board: duty was cliieily military. Duty so various ahould_not hke to Th" P<sacock did "not require repairs hkeithe Vincennes. Recollects the Vincen ti!L l? li^e out ^er f?remast, which was sprung. J he I ?'acock arrived at Honolulu some' Ave or iu days after the Vincennes. The Peacock was not overhauled to any great extent. Had been over hauled at Sydney and re-caulked some'.six months before. Bibs were put on the mainmast at Honolulu which might beldone in a day. ^The hold was not broken up more^than usual on;occasions of shirm going into port. The otficers messed on shore^ don t recollect of the men messing on shore but officers and men messed on shore according to leave to do so; did not remember of any prisoner escaping from the Peacock : men had escaped ; a prisoner at large might possibly escape : prisoners confined on board ship invariably got drunk; they have liquor carried in their food Ky their mesmates; do not re collect of bringing but one prisoner from the fort ? here were othern, however, brought out from time to time; knew button: he was neither a seaman nor a marine, but a landsman. [Mr. May objected to this part of the testimony, and it was 'dropped. Mr. Bradley asked if Mr. Blair knew ot any fracas between the sentry and marines on board the ship le acock at Oahu ?] Witness did not recollect: but these fracas were of common occurrence : did not recollect particularly the case of Riley, tried bv a court martial: it was a proof of the good discipline of the Peacock that the court martiafs were held on board ofher; the prisoner brought from the fort to the Peacock had been confined in a cell under the governor s house; there were othercells opposite not so secure ; the ground under shelter in tlieibrt must nave been damp, from its coral, porous nature* it rained frequently on the island ; almost every day m the evening the clouds would gather round the mountains and come over the town in a shower of ram; besides there was the rainy season; witness detailed the process of breaking up the ship and overhauling ; did not see Sutton at the fort; liberty was given to the men in the early part of the dav to go on shore ; Mr. Blair was further interrogated and replied with much promptitude and intelligence as to the minutie of the government and duties of men on board ship, the manner of confining pri soners, die. ?"Kg Quettioiis{by .Mr. May?Witness answered, cer tainly sir; I could have undertaken to guard five prisoners on board the Peacock, under irons, and Uiought nothing of it: we couldjhave kept the natives from the ship perfectly easy.^but we let thera come on board. Mr. Bradley?How*would you keep them off? head, and the rest would be sure to keep their dis tance; they are a very inoffensive people, the Sand wich Islanders; very little grog supplied by natives y were generally white men who did tins business, and we kept an eye on tbem tliere was no danger of the Islanders coming on P^r watch a8lng the Prwoner9. if there waspro Lieut. Poktkk worn?Examined by Mr. May ? Ih a lieutenant of the Navy; every ship I have been on board of the punishments of men are recorded ?nd the stripes; must imagine there is no difficulty confining prisoners on board a ship of war: have seen fifty or sixty so confined at once for drunkenness and other disorderly conduct; prisoners ought not 0 i-scape, it ironed and under watch, according to custom on board shin; a man should not be flogged more Ulan once for the same o fie nee; refusing lo do 111 would be mutiny, and sub ject to a higher tribunal than the order to De flogged r.f!>Veu Ua',u; can hardly imagine what uuiUdbeUie condition i>t a ship diat could not keep pn*?e? on board; did not sail with the exploring expedition; a commander of a public slap has nol right to send prisoners on ahore for confinement, unless at the Consul's houset thev TTnif^S! otherwise without the jurisdiction of the ? . i l"1 l " at,atched to the coast sur vey , the ships in that service were under the regu lations of the Navy. Mr. Porter being discharged/ Mr. Bkadlkv submitted certain instructions hs wiVh Ik a8!t . o!e urt' and ^ter some discussion the plaintin s attorney, in contesting exceptions proposed, the Court adjourned. To bt eontinutd. Kepoiited Faillrk of the Bank of Sr. Cult* A report was quite current inBuffalo on 3rd inst that the flank of 8t Clair, of which Jesse Smith It Sen's are HnhlCPnUf ?k I>"nc,Pal h ackers, ha> impended. Captain the steamer Indiana, informs us that when ha bllitvnfn, "y" T.hur*da> i"t, the confidence in the sta arri val it "emed t0, ** unshaken^ but that on hia M^state of thlnl"." >.e'terd*y.Lhe fo?nl qnite a differ w ere ? 1 ???** existing. The citizens of Cleveland m? i ,? ,?l excitement, and a run havin* been t?on 5"*? ?mc' connected with the^Lstitu tion, it waa deemed necessary to close the same Thi. so exasperated the populace that an attempt was made ?''u ' 'he by proceeding to tea? off the Shu* ?i nun,berof the principal citizens promptly check ofti. r ?rCfd,VQ*' k7 VVin* the door? ?{ ^e tieh^re om. e opened, thereby giving admission to all who wslre disposed to enter. The monev was refused In payment for goods, and was being hawked about the streets at AO and , '' Cent, on the dollar. On the other hand, however it is said that Mr. Barney arrived here last night with a quantity of specie to supply the Bank and immediately orili red out the steamer < nesapeake. The Chesapeake was not to have left here until this morning, and the fact cats! M hi"1* ,uch h,,te would seem to indi cate that thero is some truth in the report. We trust that this is so and anxiously await farther developments In relation to the matter. r ? IU While waiting for such developments and more ore reiir?'?nr?!! ?!!n' *' j? not deem ll *d*i?able to give cur rency to the thousand rumors that are afloat. Much that we hear is doubtless highly exaggerated. ' ;rkA* F,"? AT P"Rrs.M()iTll., N, H.??Not r km Tha\ #120,000 Destroyed.?It fwconies our painful dutr t? record the most serious and sad calamity that has befallen our town since 1843. About half n.t u ~?,?Cr.klJ,0*ni|W,_ ? small wooden building in the rear of the hat store of Daniel Knieht 6c f 'o west nidn m Market st? was discovered to b. on Art ThVwiad wi rtsml'"* m ,thT westward at the time, and the flames communicated to the adjacent buildings and spread with fearful rapidity in three direction"'c"n surning several large and valuable brick blocks, together wd i a number of wooden dwelling houses an5 out bull tings in the most central and business part of the tow n. On market street, all is laid in ashes on the west block socalfed "hoth .Ne,hcmiah Mo,m t? the Mclntir. IjlivTiii inclusive, except the store occu pied ,j a. J Dodge, grocer, on the corner of Hanover street j on the east side, from the store of Samuel Howe k Co. adjoining that ofWm. Jones A Son, to the coruor of I enliallow street. On Penhallow street, the brick blo.-k occupied by Concuder Ucrby and J. Q. Rand 1 hree wooden dwelling houses on the south side of Han. over street, and all the buildings in the rear to but not including those ou Ladd street The following is a more precno account of the extent of the damage for which ! we aro indebted to Joseph M. Kdmonds, Ksq We have | not tune to ascertain luither particulars. Many roods have been consumed, and we are conlldent that the loss cannot be less than what we hare stated it abovs. Laiwe three story dwelling house rear of Market street, occu pied by >lrs. Lunt ; brick block, Market street, owned by Benj. ( heever and David Klmhall, and occnpiad by , Beiy <-heever, clothing warehouse, David fOmfcall druggist and Brown k Joy, furnrtnre warehouse ; brick house Market street, owned by Benj. ("heever and oc ! by " M. Clark, provision .J friVr^to" Jeuness, furniture warehouse ; a part' of a brick Mock, )1arkot street, belonging to John Haven and occupied by John P. I.vman, iron store, and J M. Mathes ?r?> ery store ibnek block, Market street ocoapied by Dame! Knigh : k C o, hat store, and Hill k Cur, shoestore Brick block. Market street, owned bv Yehemtti Moees and occupied by Nehemiah Moses and i has. W. Clark' as clothing warehouses. Waldron's brick block. Market street, occupied by Kittredge Sheldon, prevision store C. K. Myers, olothing waiehouss; Stephaa Walker! clothing warehouse; N. K. Walker, hat store: Francis Dupray, confectioner; S. (). Folsom, grocery itore- and in l'enliallow street, store occupied by ConoMar Derby and <!welling house occupied by J. u. Raad Brick it am in Market street, owned by Willliam Rice, and occupied by Snmuel Kowe k< o., grocery store. Mciatire'i brick builitings, Market street, occupied by Samuel Wirem provision store; I-ewlslBruce, paint'afiop; j. Holmes j' (?ernal.l, Jot.n Pindar, antf Mr. JoKmm. dwalling houses. In llanover street, a two story wooden dwef ling house, occpnied by ( apt. F.dward Kennard and Mrs H.'l'l'V *'*,? ,rV w"oden duelling house orcupied by Hall ^?rreU, a twostory wooden dwelling house owned ""I'.6rt ."?*> ' *ud occupied by John Sanborn and Wil liam simple,gh; a two story wooden dwelling hens* owned by Marsh estate, and occupied brtnseir Wig. ! gm Port,mouth (S. H.) Hftrcury It ik estimated that more than ten thousand lime t casks were taken into Thomastou market, Boston on Moiiduv last j which st fourteen cents a piece, amounted to v 1100 rnt?fDWPoi,tj-\ verv fine large lithogra^io lik'-nese of Jamew K h is been rerentfy issued by vlr. Ohas. Fendench, of this city, which is high | lv creditable to the artist, ami is the best likeness ol 1 the President extant ??

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