Newspaper of The New York Herald, October 10, 1845, Page 1

Newspaper of The New York Herald dated October 10, 1845 Page 1
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THE NEW YORK HERALD. Vol. XI., No. '459?Whole No. *1*1. NEW YORK, FRIDAY MORNING, OCTOBER 10, 1845. Hrtce Two Coats. American Musical Convention. I ne third day's session ot this body was held yesterday. The attendance was thin, and confined [o members, almost exclusively. Only one or two ladies were present 1 he Kev. II. Sickly opened the Convention with praver, at 12 o'c ock. The Secretary read a report, and the following resolution was offered by Mr Howe: Kaaolved, That the introduction ofmuiic into primary ?chools and leminariee, aa a branch or education, ia. in the opinion of thia Convention, an important instrumen tality in the diffuiion of muaical knowledge. I Mr Hilton regretted tlte want of cheap elemen- 1 tary works suitable to teach children a knowledge oi music suited to their caimctttes: ol such a class of works we were altogether devoid. Hev. Mr. iIookkk, on the part of tlie business committee reported. The committee of eleven ap pointed on the day previous, to lay a scheme for me did Mion of music before the Convention, asked lor more time. Granted. A discussion here commeuced on the question ol the day, vut How ,.;in musical instrument* be used in our churches, to the advantage of religions Worfclun 1 ^ Mr., of Conn., thought that musical instruments might be made very important auxilia ries to the cause ol religion, in churches where they have no oraan. All instruments, however, were not proper; he would not approve of the use of the cla rionet, piano, or violin, on any account; snd those proper to be used were to be considered us assisting the huiuun voice. It often hspiiens that the orgitn leads Hie music, and takes such a prominent part, that a word ol the hymn or psatm cannot be heard In this the love of display was discernible; instead ol dwelling on the sense, ;he minds of the audience were directed to the skill of the o-rformer. Mr. Ann err found some difficulties about the question, winch was as to the best means ol produc ing u given effect; for whatever means produced the best efF'ct, were tu all cases the best. They would do well to keep in view the'distinction to be made between the objects ot various performance; there were some which contemplated nothing more than mere musical etlect, and in this case little attention was p,ud to the sense of the words. An illustration ot the pleasure derived from Bitch a display waa seen in the instance of a foreigner who, although siieaking a tnguage unknoull to the hearer, delighted him ? here ought to be nothing theatrical in a choir, but there was not to be restriction there to any instru ment more than elsewhere. Mr JIowk considered devotion the object of all forms of worship?it was that sent people to church ; it was to please the taste they go to concerts. In at rumen ta could not produce devotional muaic. there fore they aliould be excluded. As the goapel without eloquence was better than eloquence without the gonial, bo devotion without inuaic was better than music witiiout devotion. The organ was u useful auxillinry when well used; as to other iiiBruments he had not a high opinion of their use. Mr. Hastings made some observations much to the same purpose. Dr. Hooker,hs a man of the pulpit,desired to say a word or two. lie had a better opportunity of seeing what took place, from the pulpit,than one of the con gregation. He once heard an orgnn in lloston, whose bans sounded more like a broken clapboard swinging in the wind, than like any thing in the shape of mu6tc. The organist ought to be possessed lot good taste and judgment, and when he is such a P Tson his perjormance can give essential service to tlie minister, in sweetening the exercises, and pro moting the spirit of devotion. Some people objected to the use ol instruments,who, perhaps, had not read those passages in the word of God sanctioning their i?'.*. Goodold Dr. Bellamy once said during divine lervice to the choir who had not pleased him in its >erloriiiance, " You must try again; 1 cannot preach Iter such singing.' Mr Otis made a few remarks in favor, as we un lerstood, of instruments, and quoted 15th Chapter >i Chronicles to show it was in use among the cho I sen people on the most solemn occasions Mr Warner thought the Convention conducted is discussions in too desultory a manner, and not >rief enough, or cartful to despatch business. He ised to take a deep interest in such meetings, bui rotn ihecHUaemeutioned and the generally insignifl :tnt results, he had conceived a strong disrelish for ht m. The merits of the case were clear and plum i he use of instr intents was legitimate as far as they .erved to aid the spirit ol devotion. Musie is un ippropnute mode ol expressing religious emotions, wtih or without words, and taken in combination Aiih other means, desirable to aid worship. The question before them was not us to the particular manner in which the organ should be played, but simply, whether or not the use of instruments con tributed to promote those exalted emotions ol reli gion, and impress them on the audience. Mr. Gor/r.n thought it must be admitted, that there was nothing so acceptable to a devotional feeling, as the music ol the human voice ; yet, f rom the earn est times, man was never content to sing the praise* of C >od and his works with his voice alone; lie tin i. lore, called in theaidof instruments. But in re (gard to their abuse, he would suy, they were calcula II f? ?Ts,r?y or create a deal of devotional feeling ? He hud known instances when the congregution being detained by warm or cold weather, during their stay tliey have been entertained by a solo on u single violoncello, or delighted with the solemnity < ol un interlude played on four violins, to which, f perlidps, on some recent festive occasion, they had .danced on the fantastic toe. Evidently there was no devotion m thut. The first instrument intro duced into religious worship was the violoncello; tins was afterwards followed by the clarionet, flute, dec.; the violin was the last, and when people saw an instrument which they were accustomed to associate with levity and profanity, they were so shocked as to rise up against it. Hence the organ was introduced, and generally adopted, and a happy circumstance it was. Now, no person could say thut there was not more effect of a right kind pro duced by its use than there could De without it Une thing, however, in its use, he could not be re conciled to, that was, the fact of organists leading too much, instead of being to a certain degree sub ordinate in the performances; they were in the ha bit ol playing so as that the first hall of each was audible before the voices ol the singers were heard. It was not right, and he felt it his duty to name it, that those who perhaps unconsciously committed the t.iult, might avoid it. Mr. Hows thought the question of vital impor tance. All sorts of mus-* was not proper for devo tion, and even it was possible tor good music to be carried so tar out ot its place in churches, as to lake the place of the religious instruct lor. of the clergyman. What is the object ol a minister in the pulpitl To preuch the gos|iel; not to show ofl him sell as a tine orator; lie has a higher view; but we know that it is possible tor hirn to be earned away so far by attention to oratorical display, that his htftaren will admire it more than the sentiments it conveys. So with music. It is possible for it to be no artistic*! us to take the place ot religious oiled. Hence the necessity that the organist should be a inaii of discretion and judgment?a man con versant with the Scriptures, and something of a theologian. All instruments, if rightly used, were proper and useful to the cause of religion. Mr. Warnkk said, that the best of every tiling was | to he used in our approach to God. 80 it was ot ' old, when the firstlings ot the flock were offered to I Inn. Consistently with this, music used to do Him . honor, ought to be ol the most excellent kind, and the use ol ho instrument* but those calculated to pro mote devotion ought to he allowed Mr. Taylor said something about wasting the time of the house, when there were a good many calls ofajuestum, question, AtC. Mr. Hill then read tilts resolution, which he had attempted to introduce before, unsuccessfully : Resolved, That the tito ot all musical initio menti is proper 111 our churches, providod tliey aie -aed with dis ci etion and in accordance with religion* edification ; and that they should, when used n* an accompaniment, be ?nlocrvient to the human voice. Mr. IIornk moved to add the word "organ" to the words " all instruments." The amendment was carried. The President read some communications, and alterwardsjstated that in the Brooklyn Schools, nut uic was lately iniroduced as a part ol education.? There were two thousand children learning it, and he had high hopes thai the best results would lollow, sad 1l1.1t music was progressing 111 this country. On iiioiion ot Mr. 1 (ill, the following question was taken up next, viz : " What is the best method of (.-aching sacred music 1" This lusted the Convention until it adjourned, at three o'clock, but the observations were quite tech nical, ami so confined to particulars, and, us we thoiignt, subordinate topics, there was nothing said w orth currying over the door threshold. The Boston Daily Advtrtiur of Monday an nounces the arrival ot Hon. A. 11 Everett ?t his home with Mrs. Everett. The Ad ,>trt?*rr We are sorry to learn that his health is still in an unsatisfactory state, hut we hope tha' with such medical aid as he may he able to obtain here, and a short residence on shore, he may jet be able to resume llie voyage, and to per form the duties of the mission. A chemical process lias been discovered by a gentleman in the South, by which he will be enabled to make molasses and sugar perfectly transparent. I Meeting of the Friend* of Or. Boughton. A meeting was held last evening at Centra] Hall, Grand street, to form a Club towards effecting the liberation of Boughton, alias Big Thunder. Mr Johnston was called to the chair, and Mr. Bovay stated the purpose ol the meeting to be, to lorm a club to act politically or otherwise, as might be necessary, to effect the liberation of Dr Boughton. It would be well to give some account of that gentlemen. He is 36 years of age, a native of Vermont, graduated at Middlebury College, and studied medicine in this city. He practiced first at Delhi and afterwards at Kansselaer County. The above college was under the control of the congre gationahst and students were constrained to attend to that religious worship, against which Dr. B. and his colleague, a son of J. C. Calhoun, remonstrated as unconstitutional. They attended religious wor ship as they chose, and were instrumental in get ting forty-eight of the students to protest against the officers of that College, and brought them to abolish the custom of forcing young men to attend worship they did not approve. This shows the cha racter of the man, which is one of firm ness and decision few possess. It is said that when in Delhi lie engaged in the Ca nada expedition, but that is not true, although lie was near entering into that movement, being dissuaded from it by General Root. Now, even if it were true, it would not be a stigma upon his reputation; for, as many honorable young men engaged in the Canadian war, it would be creditable to him. Boughton is not the father of the anti-rent war, for although it was quelled, it appeared as early as 1812. It was not till eight years ago its resurrection teok place, and Boughton waa active in promoting the spark that lias gloweu in eight counties ol this .State. He found tt an agitation without form and void, und he orga nized it. He first investigated with the consent of | the Legislature, the Van llensselaer title, consulted able lawyers on the subject, and took it up in an en larged and philanthropic sense. From the first, the ! landlords determined to make a victim ol him, und pursued him until at last hu wore the chains for months in Hudson prison, where he narrowly escap ed its effects on his health. The jury which con victed him stood in the first ballot, ten for acquittal and two for conviction, one of whom went at last with the majority,leaving but one stupid fellow, who lay down, resolving not to argue the question, but protesting he had made up nis mind. Boughton then was put back in gaol, and all bail refused for a long time, until at last he was bailed out under #20, 000 recognizances. These circumstances are more alarming than can be described to those who watch the progress of American tyranny. Edmonds, a packed judge, was sent there; the most infamous de cision as to the tryers was given by hbn, that no per sons living in any infected {district were competent as jurors, while not a word was said about the fero cious and bitter hate of those who lived in the up rent town. All the jurors, then, in consequence of this decision of the Judge, were taken from his ene mies ; the Sheriff, who was alleged to be robbed, being allowed to summon talesmen, and apjiear in evidence against him. After dwelling upon the late trial, the verdict of the jury and the evidence, the speaker said that there was not a doubt but that the whole force of the administration was brought to b -ar to secure a conviction. The same men?those 1-adersot the bastard democracy?who howled at the incarceration of Dorr, did all they could to in carcerate Boughton for life ; that is the consistency of bastard democracy. All that had been said about his making confession, betraying weakness, and criminating other persons, he branded us false, from the knowledge he had of the nerve and firmness of the man. This never would stop the struggle; it would s'renethen it. The democrate were going to bring up Silas Wright for President, but he would prom'Be it they did so, unless he pardoned Boughton he would Uuve a majority of 20,000 against hun? SCheers.) He (Mr. B.) intended to go up to those istricta and carry that fiaming sword among the peoj le, which would prove as terrific to certain poli ticians as the fiery cross was to tyrannical Scottish kings. (Cheers.) Mr. B. then alluded to the club, and said that its constitution was drawn up with the aim of giving it an organization similar to that of a milijary com; any or battalion. Its first object was to effect the liberation of Dr. Boughton, and after that all the other anti-renters; it was not intended to be a uniform club, nor to be armed He would leave the subject with ihein, requesting them to sug gest a name tor the club. A Member moved that its name be the "Big Thunder Club," to which Mr. Bovay replied, that although Dr. B. was not admitted to be the Big Thunder in Columbia county nor elsewhere, they could not have any objection to die name, us it was an imposing one. Another Member said, that if he was the B g Thunder spoken of he would not think the less of him for that. (Cheers.) On the contrary, it was an honorable title, considering the cause in which it was worn. The Constitution of the Club was then laid before the meeting for signatures, when several persons put down their names. After a few remarks from Mr. Evans, the Presi hent said, that alter these events he longed to see people judged of by their merits, without regard to station, influence, or notoriety. He thought there was a Providence inthis matter, by which tne people would be aroused, ere it was too late ; that they would scrutinize the motives of public men and think for themselves. Mr. TENMAOEKsaid they heard much about Chris tianiiy, but he thought no man a Christian, who would hold the public lands and see his brother christian wanting. (Cheers ) Mr. Evans, said that no matter what was said of Dr. B., he would rank in history with Lafayette and other great names, lie saw by some of the papers, that his wife had become a innniac; if that were true, it would act as an additioal stimulant to all good men to act in this cause. The meeting shortly after adjourned, having ap proved the articles ol the Constitution. Mutiny.?We are indebted to" Captain Hunting Cooper, agent of the barque Oscar, Ludlow, of this place, who has obligingly favored us with a sight of i letter from the house of Clias. Coleman <fc Co.. dated Rio de Janeiro, Aug. 27th, giving a detailed account of the mutiny on board that ship, while ly ing at the island of Isle Grande, on the 18th of Au gust, from which we subjoin the following:? " Capt. Ludlow had been on shore, and on re turning, saw three men swimming to the ship Thinking they might not reach, on account of the tide, he took up one of them, and the others si cceed ed in getting on board. Soon after his arrival, he heard a great noise between the cook and stew ard; the former being to blame, was ordered to de sist, when he became insolent, and Captain L. threatened him with punishment. Soon after the cook came aft, accompanied by the two men who had swam on board, using threatening gestures, and in a very insulting manner. Captain L. fearing some resistance, shou.d he attempt to punish the cook, went below, and prepared the only fire arms he had, and left a musket in the cabin stair way. "On reaching the deck he heard a great noise forward, and soon after the cook ana three men came towards the quarter deck in a very threaten ing manner. Captain L. had just called to his offi cers to be prepared to stand by him in case of need; which they did, upon the quarterdeck. Captain L. then went forward to about the centre of the after hatch, and ordered the mutineers not to come on 1 the quarter deck; seeing that they did not stop, lie 1 seized the musket and threatened to tire should ttiey j pass the line. They replied, by calling out in n very I insolent manner to fir^ that he would only kill one. i " He remonstrated with them, and begged tliein to go forward, mid not oblige him to tire, even after they passed ihe mainmast; when, seeing that the j ringleader wbh about to 'seize his musket, and ihat Ins life was in danger, he fired and shot him dead on the spot. The cook then struck at him with an axe, but Capt. L. striking him over the head with a musket at the same time, fortunately escaped. In n few moments they retreated forward. They were all armed with knives; the cook also had his axe, one a pump-brake, and another a handspike. " The other mutineers are now in confinement on hoard the bark?the cook and two men. It appears irom the evidence that their knives were tresh ground for the occasion, and that they were deter mined on violence, it not murder, had not Capt. L. resisted them. The man shot was shipped Ht St. Helena about three months since, from the Delta, of Oneenport, said to haft previously deserted from n man-of-war; said he whs an American,born in New York, shipped as L. A. Curtis, but was known as George Hrown. It is now said that he was consid ered a very had, dangerous man, but it was not known to Cant. L. when he shipped him. fri A letter from a gentleman at Lie Grande, pays that any depositions in Capt. Ludlow's favor may ne obtained there " The consul is now investigating the case, and we have no doubt there will be abundant evidence to exonerate Capt. L. and inculpate the other three mutineers, who will protably be sent home wnh witnesses, Capt. L. being allowed to prosecute his voyage, which was intended for the N. W. coast.? He has on board about 700 bbls. oil, mostly whale." ?bag Harbor Corrector, Cel. 8. Anti-Unit Trial*. Delhi, Oct. 7, lrtl.i. Delaware Oyer and Terminer?Hon. A. J. Parker, Pre tiding Judge?John Van Hurtn. Attorney General?J. A Ifughston, Key., District Attorney? Trial of Edward O'Connor for the Murder ?if Steele. second dav?teimmonv. The Court met this morning at 0 o'clock. Cast evening the proeecution celled IJ. 1*. Wright an a witneli. Mr. Wright ia the attorney who attended the Karle aale in company with the bid upon the property at the re quest of Mr. Allen, the agent of Charlotte L). Verplanck. 1 This morning Mr. Wright took the itand again. The i proceeding* at the Karle *aJe wore related a* on the trial of Van Steenburgh. The object of the prosecution being, to ihow that the prisoner wai there in command ; of a tribe of Indian*. It will be remembered that over i 200 Indian* were assembled on that occasion; Mr. Wright | stood between Krastus Kdgerton. a constable, and Os mon N. Steele, the under sheriff, when the word was ' given, " shoot the horses." One man approached and i fired at Kdgerton's horse. Tho word was then given by the Indians, " shoot him." Twelve or fifteen guns were immediately tired, and the death of Steele and the horsas I was the result. The coat and vest worn by Steele on this occasion, i were now placed in the hands of the witness who identi- ] tied them Kive bullet holes were found in the coat. Kbastus S. Em.erton, sworn?The testimony of this | witness was the same us on the trial of Van Steenburgh, already published. lip to this time the prosecution have not connected the prisoner,in the slightest degree, with the transaction at Karle's. Wm. Spbaovk, sworn--Was at Karle's on the 7th of August last, when Steele was shot; picked up his pistol; was one of the spectators in the road; found the pistol in the road near the bars,a few minutes after Steele was car ried by; the pistol, (s six-barrelled one,) was now shown witness, who identified it as the one he picked up; gave it to Mr. Davis; the enps were on every tube; we went together into the woods; the pistol was loaded; Mr. Da vis fired it oil'three times, and I fired it three times; car ried the pistol home; Mr. Knapp caine and got it; we came over to Delhi to bring it; gave my testimony be fore the Coroner's jury in relation to it. Krasti s S. Edoerton recalled?[The pistol was shown him)?It is the pistol Steele had with him at Karle's; I am certain of it. Wm. Sfbauuk recalled by defence?Went to Karle's in company with several men; some of them had bundles with them. When Steele and Kdgerton rode into the field where the Indians were, three guns were fired; did not see either of them fire; heard au Indian say "spectators leave the grouud;" when I gave the pistol to Mr. Davis; he said Tie thought some of the Indians bad dropped it; Da vis told me to keep it a secret till enquiry was made. James H. Graham, sworn?Was one of the posse last spring; was boarding at Osman N. Steele's; recollects a pistol he had?(The pistol shown last witness was now produced)?this is the pistol; I know it because it bus u new screw in it, put in in my presence. Cross-examined?Mr. Steele had other pistols; he had several taken from prisoners at the battle of Shacksville, but which, 1 think, wero returned. A. Peck, sworn?Am a gunsmith; Mr. Steele brought a pistol to me last spring to be mended; I put a scrow in it. Witness here identified the pistol. Daniel, sworn?Was at Karle's on the 20th of July, the day tho sale was postponed; am acquainted at his house at the time of with Kdward O'Connor; was at the Stewart's sale; stopped at his house the night before the salo. Mr. Gordon objected to the witness giving any testi mony of this kind. The District Attorney remarked that they proposed showing that O'Connor had been disguised and was inti mately connected with the Indians. The Court sustained the objection on the ground that it would prejudice the case to show that O'Connor was disguised, or a Chief previous to the transaction. Examination returned?Saw O'Connor in the woods on the 20th of July, at Karle's; he was not in disguise; he said he would go down to the house and see if Mr. Karle wanted the natives to come down; we all went down finally; Mr. Karle told us that the sale was post poned, and he gave the property into the hands of the natives for safe keeping. [Witness now gave the same testimony as on the trial of Van Steenburgh?show ing that tho Indians met at Karle's on the 7th sf August, and that there was a oncert of action.] Saw Mr. Wright in the rosd; Scudder, the chief on that occasion, put his gun before him, and told him not to advance; some words ousted between them; finally, Scudder withdrew; when Steele and Kdgerton arrived, heard the Indians say "them are the men wo want;" the firing upon the horses came Irom the centre of the line of Indians who had formed a semicircle; as the firing commenced, heard the words clip 'ein off, clip'm off," Steele now fell from his horse, having received several wounds; went to Scudder, the chief, ami tried to persuade him to leave the ground, saying there were two horses and one man killed; fa said Steele was only wounded, and that I was a damned fool and coward?for his part, he shouldn't leave the ground till sundown, for he moant to protect the sale; was the chief on the first day of sale. I Cross examined ?Did not go to the sale with the inten tion of killing Steele, or any one; never heard it talkdd ; of by any person; did not tiro a gun on that day; never <aid I shot Steele; I was arrested while on my way to Pennsylvania, a week after the sale; the object of the as ! .?emblage at Karle's was simply to scare the Sheriff, and prevent a sole. Oenjamin Conner sworn?Was at Mr. Karle's on the 7th of August; saw Steelo previously at Hunting's tavern; he told me I had better go up; ns I passed the hushes above Mr. Karle's bouse, saw disguised men among them; think there were fifty: they appeared to be armed; some had their masks off: heard some of the Indians say, il Steele ramc there he shouid net go hack alive; am not sure that more than one said so; upon ar riving atKarle's house found Indians assembled;this was about 12 o'clock; saw Kdgerton and Steele ai live; heard the chief tell every man to be up and face to the south; left as soon as the firing commenced. Cross-examined?The cross-examination elicited no thing material. Gilhert Minor sworn?Was at Karle's on the day of Hale; know the prisoner by sight; saw him in my field where I was catting oats, at Andes; a man named Oliver was with him; he asked how far it was te John Jersey's; I told him; several men were in the field with me; we all got into a conversation about the sale on the Tlh, and in relation to who shot first; some one said Kdgerton and Steele ha I not bred; O'Connor replied, it's likely th they didnlfire first, for a fellow about' my size has two ball holes through his clothes;! he then said he had lallen down and stuck a stub in his side, but hid some medi cine in his pocket which would cure it; he also said he was going out of Vork State into Pennsylva nia, for he had slept under God's blanket as long as he could stand it, these cold nights ; ho said, too, that Kdgerton and Wright might thank the spectators tnut they didnt go Dack to Delhi the same way as Mr. Steele; that six men could not take him; 1 saw several disguised men in ambush above Carle's house, on the day of sale; some of them asked me, as I passed, if 1 bad come Irom Andes I 1 told them yes. They then asked me if I had seen Steele? I told them I had. Oue of them replied, he had better not come that way. lor ho hail three or five bullets in his gun, and Steele would not go haca alive. Crtiss-examintd?Testified to these facts before the Grand Jury; do not know who commenced the conver sation with O'Connor; it might have been myself; it is my own opinion now, that Wright and Kdgerton may thank the spectators that they were not shot; O'Connor might have said, that, "judging from report, that was ais opinion." I told O'Connor that I thought Steele and Kdgerton did shoot first; O'Connor said it was while lie was in tho oat field that he stuck a stub in his side; 1 think I asked lum why ho walked so still'; am not positive whether 1 asked him before he told mo he had stuck a stub in him, or aiterwards: he told me lie was going to Wilksharre, and then to Baltimore, where he should teach singing school; he said he had staid around here as long as he wished, for it was getting too cold weath er; he had not slept in a bed for two weeks. [The wit ness here said he believed O'Crnnor said be had not b?d his clothes oft to go to bed for two weeks.] lie and Oliver both assisted some time in cradling; he left about sundown, after taking supper at my house. Charles Wii.son sworn?1'he District Attorney re marked that he was called to provo the same facts as the last witness. Tho Court suggested that he stand aside tor the present. John Jersey sworn?(This witness is also indicted for murder)?Was at Karle's on the day of salo; know the prisoner at the bar; saw him at my house about three weeks after the sale; he came there with John Oliver; it was about dark when they arrived; my family was at home: O'Connor told me next morning ho had a pistol; ho asked mo when he came if he could stay all night, and if there had been a posse round them; he also said that ho had not been at home any since the sale at Karle's; lie wanted me lo wake him un between three and four in the morning, as ho wished to get an eailj start; I did so; he said one or two men couldn't take him; that if the spectators had not been in the way at Karle's more would have been shot than were. In the morning O'Connor wanted mo to go with him and Olivor to show them a road; ho said he wanted to go to Kphraim Spriigue'e, and then was going to New vork. He said e was going away because the posse were alter him, and he couldn't have any peace; that ho was'nt allowed to sleep on a bed in the woods, if he made it up himself. He also asked me if I saw the Indians go across the road as Stoelo and Kdgerton came up at Karle's. Had not said anything to hTm about this until he asked me. I told O'Connor to inquire of some persons who lived on the road which was the way?that they would toll him, as they wore down-renters. O'Connor told mo as we j wore going down tho road that he had-a ball-hole | through his dress. The District Attorney now put this question: ) " Did not O'Connor tell you, or say in your hearing, that he took aim with a rifle, and shot at Steele alter he , (Steele) shot at liim, or words to that ellect V Mr. Gordon objected to this question as loading, &c , The Count decided the question might t>e put, aid ' noted Mr. Gordon's exception. Tho witness answered that ho did not recollect Ids saying so ; something was said about it, hat what it was he could not recollect. Tho District Attorney put the question several times ; at last the witness said he thought O'Connor did say something about shooting at Steele, but could not j recollect tho words. The Court here took a recess for an hour and a half j Upon again assembling the direct examination of John ; Jeisey was continued. O'Connor had with liim when at my house a phial ol medicine ; he said he was lame ; do not know where Cross EsaMinrd.?Have been in Delhi?4 weeks con fined in one of the cabins. There is an indictment pend ing over me for murder?for being at the Karle (ale. The District Attorney has tieen in the cabin*?he has not | talked with me as to what I would swear-wa* called up here in the Court Room laat night; the District Attor ney and Attorney General were present; they talked with me about thii matter; the con venation at my house was heuid by Oliver and my wife; told O'Connor I was at the sale; saw the disguised men go across the road; talked with him about this; had heard it said that the spectators prevented more from being killed, they being mixed up with the oltlcert; might have ssud so to O'Con nor; talked with him about hunting; said 1 had hunted deer; it was in the morning he told me he had a good ri fle; we talked then about deer being on the Beaver-kill; do not know how be came to say he had a good ride; he said he had a hole shot through his dress; do not recol lect that any more was said about shooting; did not see him at Karle's. Direct returned-?Do not know from O'Connor's con versation that he was at Karle's; did not see him there; inferred from his conversation that he was there. This answer was ruled out by the Court. The Attosnky General now proposed asking the witness in relation to what he had told his son-in-law about OTonnor shooting at Steele. The Court remarked this would be impeaching their own witness, which was not allowable. Charles Wilson, recalled by Defence?Saw O'Con uer in Gilbert Minor's held; beard him say that a man about his sue, who bad two ball holes put through his clothes; he also pulled out a pistol, and said tlwt Steele and Edgerton tired for the same reason; that no six men would take him alive. (This witness corrobarated the testimony of Minor about O'Connor's sleeping in the woods, and leaving the State. Crott-tiumintd.?lias been talked to by the Attorney General during the recess; heard all the conversation between Minor and O'Connor. Samuel Neal, sworn.?Was present part of the time during the conversation between Gilbert Minor and O'Connor; beard him say " no six men would take him alive." Was there only half an hour. John H. Rutherford, sworn.?Was at work at John McCune's previous to, and al'tor the Earle sale; slept there on the night previous to the sale; I do not know any other man of my name; there is a man, named John M. Rutherford, in Bovinia; was not at Stephen Seacord's on the night of the nth or 7th of August, nor at Andes Cruet-examined.?I am the man that was run dewn last spring as an Indian. Wm. Kekdon, sworn.-[This man has plead guilty to manslaughter in the 4th degree.]?Was at the Karle sale disguised; several men went with roe; upon arriving at Karle's, first went to the spring in the woods; was pre sent when the orders were given to the men to go to the ainbush; the orders were given at the spring; the chief said he wanted thirty to go; twenty-four of them had muskets or?rilles; they were ordered to stop tho posse, if any came; our orders were to obey the chief, let it be what it would; do not romember if anything was said about shooting. The District Attorney here applied for an attach ment against Abijah Seacord, for not appearing hs n wit noss. Examination returned.?Saw several guns loadod ; af ter Steele was shot, heard the chief say, " dis is de way we pay our rent." John Eumrrton, sworn.--Was tho loremau of tho Grand Jury at thucouuty court; Edward O'Connor was sworn us a witness against Warren W. Scudder and others. Tho Distiik i Attorney now put this question " Did O'Connor state on his examination, that he stayed at Stephen Seacord's on tho night of the 6th of August.'' Mr. Gordon objected to tnis question, stating that the rule was, that evidence given by any peisou against ac complices which might criminate himsell, could not after wards be given in evidence against him. The Court decided that the question might be put. Examination returned.?O'Connor said he was at Mr. Seacord's on the night of the 6th, and that John H. Ruth erford was not there. Several other questions were put which he refused lo answer. Crost-examined.?O'Connor did not say what Seacord's it was, nor was he naked; he was not present nor did be know what had previously transpired in tho exami nations of otheis. Caleb A. Frost sworn.?Is acquainted with the pri soner; he was at my place in Delhi last summer. The District Attorney asked the witness a question which,he stated,was to show a conversation had between him and O'Connor, in which O'Connor told him ho had been sent for to assist in rescuing prisoners from the posse. Mr. Gordon objected. Tha Court sustained the objection. Calvin Madison sworn.?Resides in Andes. Has been indicted and plead guilty to indictments for being at Carle's sale; was one of the Indians in ambush on that day; the orders were given to us by the Chief, Hilton, to stop the posse; if they would not stop,"shoot the horses;" if they resisted I suppose we were to take cure of our selves the best way we could. Tbe Court now adjourned till to-morrow morning at 9 o'clock. Naval Court of Inquiry. YVashixotox, Oct. 7, 1843. Dr. IV. P. C. Marlon, Surgeon of the United Statu Nary, rworn. On the opening of the court, tliia morning, a paper was submitted by Lieut. McLaughlin, attempting to im peach the credibility of this witness; but the court de cided that it was a paper that they had nothing to do with ; and, therefore, could not entertain it. Or. B.theu read the charges contained in the precept, against Lieutenant McLaughlin, and said in reference to inquiries No. 3, 4, 3, 0 and 7, he knew nothing: he did know something of Nos. 4 and 8; on my investigation ol the medical accounts ol Lieut. McLaughlin, in the bu reau ol Medicine and Surgery of the Navy Department, 1 thought there was lavisbness and unnecessary pur chases as regards oxtent and kind, in rotorence to the number of sick as far as far as that number could be ob tained. 1 thought the prices paid lor some of the liquors very high. 1 thought, also, that therefore unnecessary purchases, in extent and kind, and lavish expenditures ofpiovisions for the sick, and that the prices paid for many of them were very high. The average number of cases of sickness for the whole nine months, embraced in Assistant Surgeon nesting's synopsis of cases, viz. between October 8, 1841, and July 8, 1844, was 37 and 1 -Oth cases. I computed the number of sick from n data contained in the document furnished by Assistant Surgeon Hastings, attested by his name attached, and written in his own hand, which I am perfectly well ac quainted with. It is called a" Sy nop us of Cases," and also froin a letter dated Feb. 48, 1843, from Lieutenant McLaughlin to the lion. Mr. York, chairman of the Com mittee of Naval Expenditures of the House of Represen tatives, enclosing the said synopsis of Assistant Surgeon Hastings, and containing also an nccount of fifteen denths in this time. The letter of Lieut. McLaughlin, to Mr. \ ork contains an extract of a letter trom Lieut. McLaughlin, dated Jan. 18, 1844, to the Secretary of tho Navy, by which be states, " The sick in the hospital for the last three months have averaged from 90 to 100, aud notwithstanding the draft of incurables now sent home, there still remains fifty.'' Another datum to a hound re cord from Assistant Surgeon Hopkinson, sent to the Navy Department (Bureau of Medicine and Surgery), in answer to a call from the Secretary of the Navy, which record gives the names and dates of admission ami diseases of patients admitted into the hospital under his charge in a most confused and almost unintelligible re petition,, over and over again, of the same names, from the 19th ol July, 1941, to the 6th of October following, inclusive. The call lor this record was made at tuy in stance, by the Secretary of the Navy, during the investi gation of the hospital accounts in the Bureau. From tlieso data, 1 have obtained the following averages : The monthly average,forkthe nine monthr,embraced in the sy nopsis of Assistant Surgeon Hastings, already mentioned, f was 57 l-!?th per month. The average for the throe months, between the Hth October, 1841, and Jan. Kith, : 1844, the date of Lieut. McLaughlin's report to the Secre tary of the Navy, already referred to, taken separately, is about 90 cases monthly. The six consecutive months of these nine, give an average not exceeding 48 monthly. The average of Assistant Surgeon Hopkiuson's report, coutaining 169 cases, from July 9, 1841, to Oct. 6, follow ing, 79days, will give an average of 67 4-3 cases; say 67 per month. Frcm these conclusions, it is plain that the average given by Lieut. McLaughlin, (viz.: from 90 to 100.) was only ? enched in its minimum, during the first i three months ol Assistant Surgeon Hastings' charge of i ttlie Hospital at Indian Key; and was a little more ban one half less than the minimum average given by I Lieut. McLaughlin, us being tho "fair average ' of tho six consecutive months. Again, the aveiage in Assistant Surgeon Hopkinson's time, reaches to only 67 cases VVF" monthly. With a great deal of labor, patience and care, I made these investigations. I was two or three weeks sifting the real cases from tins officer's coulused record. There ware some reports of surveys ; two I find in my pamphlet, oidared by Lieut. McLaughlin, Dec. 5, 18-11, and Jan. 19, 1814, and two consequent reports, condemn ing 44 invalids. I did not take into my calculation the condemned men of these surveys. I did not consider sur veys and reported condemnations as reports of sick, no information of the dates of admission or of the timo of continuance on the list being given. As to inquiry No. 8, I say : The amuuut of rations lor the sick neglected to be stopped by Lieut. McLaughlin, and credited to Navy Hospital ltiiul, would be 40 cents per day per man, for every day that every man or patient was in the hospital. Assistant Surgeon Duvall gives, in his report, tho ave rage ol the sicK at Fort Dallas, as two cases daily, and says that post was proverbially healthy; that sometimes thore weie none on the list, and that when an expedi tion returned from the everglades, there were as many as 14 or L>, only broken down, and requiring rest ami diet; his lime was something over a period of three months, rested Assistant Surgeon Woodwoith says, the coses in tho Flirt were few and unimportant. Passed Assistant Surgeon Harlan, was in tho Madison 4 months and 5 days; he had 04 cases, which give a monthly ave rage of about l.M.??y lti oases Assistant Surgeon Hopkin son was in the l'tioinix 47 days, viz: from 47th December, 1841, to 11 tli of February, 1844, during which he had 19 cases; that is, about one case in every two ami a ball days. Assistant Surgeon Hopkinson, in another service, in tho I'hccnix, viz : hum 44d April to the 6th May, 1814, had 18 cases In 13 days; say one and a half case a day, on an average. I hero request to state to the <'ourt that whatever I have said with regard to lavish expenditure of provision and liquors, and purchases of liquors and provisions in extent and in kind extravagant aud irregu lar, has no reference whatever to the charge at Fort Dal las, or to aay of the vessels just mentioned; us lar as I oould leceive information from these, I saw not, on in vestigntion, nor do I hoc now, anything improper Be sides this, I wish to state, that the most lavish expendi tures ol liquors and provisions, and the most unusual and excessive purchases, both in kind anil extent, leler lo the period intervening, between the Hth ol Oct 1811, and the 8th ot July, 1844, at the Hospital at Indian Key. By tho Loi ST.?in reference to ice being used for the sick,I have only to say .that ice has been used both exter nally and internally by me in cases ol sickness, but nev er Ireely, and I shall doubtless use it again But I do not consider it an indieptneablr article for the treatment of diseases any where. Manilla Beans, which is incor rect, it should be Panitla. I know nothing called Manil la Beans. 1 do not consider it indisprnsnftl', er of much use, it any use, except at a flavouring aiticle. it is nev er used in tho practice of phy tic u ? mediciu*. Benzoic Hcitl, on which it* flavor depends, i* uud to flavor 1'ara i geric. I consider mutton, by far the moit important die tetic article, from the animal kingdom, in the treatment of the tick-infinitely more ?o, than chickena or other ' fowl*. As regard* hog*?the only part* of theae fit for the *ick are the bristle*. externally?I think the meat of hog* not onlv inadmiaaible. but oft-n pernicioua to the aick. Hhoat* are worie. A* to roaeted pig*, I they are (till worte?boiling might reader pig meat lcm unwholiorpe, but roanted pig* are perfectly inappropriate to the tick. 1 ran give the Court a rea*on, if wanted, why hog'* meat U had for tick I consider tur tie* and terrapin* very proper. I will itate the reason It. I c? why if the Court desire It. I consider ducke, tongues, hams, dried beef, sausage* of any kind.raackerel,cheese, butter, turnips, carrots, beats, pine applet, uncooksd or dried apples, watermelons, unfit. 1 daem all presorvsd fruits (except raspberry and dewberry or blackberry jams) inappropriate in the treatment of the tick; some of them manifestly pernicious, and most of them very indi gestible. Bu the Court?What is a case of sickness? I never, un til the investigation of these expenditures, before the Committee in Congress, and in this Court.where witnes ses have spoken of it, heard a doubt of what it meant. The use or the word "case" by a medical man. in its pro fessional sense, admits of neither obscurity, cavil,doubt, dispute, nor the faintest shadow of vagusuess or uncer tainty. Every student of medicine understand* it perfect ly, uses it properly, and appreciates it* comprehensive ness of a consecutive number of minutes, hours, days, weeks,months or years, during which an attack of any kind of sickness,or anysurgical disease meycontinue inthe person ol anv one individual, it embraces the point of attack, and the end of all the morbid symptoms, or dis ordered condition, either by cure, palliation, relief or death. This word " case" hardly ceases to be applied to the invasion of any disease or disorder, even when it may have become absolutely incurable, leaving the pa tient a vnlitudinarian for a number of years?so single a use and meaning has it. By Lieut. McLauohlii*?Is the printed bill of items of diet, now handed to you, your list of articles allowed the sick ? The printed bill is ray bill, and was one of my regulations when Chief of the Bureau of Medicine and Surgery, instituted to enable every surgeon of a hospital to lurnish the sick patients, and the well attendants and officers, medical or otherwise, who lived in the hospitals, with abundant food and delicacies. The very printed certificate, (in triplicate,) on its back, designate* this use. It is expressly stated to be for furnishing the "hos pital mess of attendants" on the sick (inc.ludiug the resi dent medical officer,) with their food. The interrogator may have the benefit of the fact that I issued a more ex tended list afterwards, containing additional articles from which the medical officer could select what be chose, both for the sick and the well. By a Mk.mhkh or the Cocst?Were these to be paid by government? Ves; and government was the gainer thereby; for I ma 'e it imporative that all so subsisted, sick or well?patients, servants, boatmen, nuises, medi o vl officer?in short,all should have their ration, and even the amount of a ration when that was not allowed on shore, viz., 'JO cents daily rigidly .stopped and credited to the hospital fund, which was done always alter 1 took charge of the Bureau. TheCorm remarked, that they understood this pro vision list perfectly well?that every body knew where there were sick in hospital, they must have the well to attend on them. The Court ordered the provision list presented for interrogatory appended to the proceedings By the Jcdoe Advocate?What is your position in the Navy ' I am a surgeon. In what capacity did you in vestigate the modical expenditures of the Florida squad ron and Indian Key hospital? In that of Chief ot the Uuieau of Medicine and Surgery. Witness discharged. A Mi rhat sworn.?I am a passed midshipman in the United States Navy. I was in the Florida expedition, under the command of Lieut. McLaughlin, from Oct. 1841, to Sept. I84J, about eleven months. The canoes in use in the expedition were. I think, twenty feet in length and throe feet in width. The largest would carry, I sup pose nine men, but there was not more than one or two oithem. The great majority of the canoes would carry i to six men, including i from five to six men, including au officer. The boats always carried three weeks provisions. The canoes frequently required repairing. I repaired mine by peg ging up the holes with littlo pieces of wood, aud Leatuer oft'my boot. She was, at that lime, the worst canoe in the expedition. My canoe carried about feur men. and not over five. She never capsized, but she sank in smooth water at night, owing to her leaking. 1 did not think better canoes couHl ltavo been procured. They were plain; and well adapted to the service, and better than any other sort of boats that could have been got. 1 speak as regards canoe*. 1 do not think there was any improper wasto of wines or provi sions. I was in the schooner Van iluren The canoes were plain, with breakers to carry provisions and water in. I saw about twenty or thirty army canoes, which I thought weie better than those of Lieut. McLaughlin. 1 used one myself apart of the time. The cost of them was. I think, about the same as those of Lieutenant Mc Laughlin. i'ollct Intelligence. Ocr. 9.?Bigamy.?A female named Catherine Piercy, alias Catherine ltehecca Nable, was arrested this after noon by officers Prince John Davis snd J. II. Whikehart on a charge ol bigamy, having been married, on the 30th of April, by the lfev. Mr Benedict, pastor of the Baptist Churcn in Noilolk street, to Henry K. Piercy, at present residing at No. 30 Spruce street, aud again marrying on the 10th of September last, Mr. Charles L-angdon. of Aladison street, the marriage ceremony on the last ecca sion being performed by the Rev. Mr Chase, of the Ma riners'church, in Roserelt street, knowing at the same time tnat her first and lawful husband was still living in the city. AnofAtr Case of Bigamy?A female named Margaret liariison, alias Murgarel Sample, wa* also arrested by officers Prince John Davis and J H. Whikehart, charged with having, about three mor the ago, murried a person named James Divis, her lawful hu?baud, William Uarri son, being alive at the time of her last marriage, which fart, it is alleged, she was cognizant of. The accused was fully committed toanswer. A Queer Case of Rohhrry.?A woman named Eliza Wilson, was yesterday arrested by officer Farren, of the I4ih Waul, lor having committed a larceny under the lollowing circun tances, viz: A female named Maria Carpenter, while laboring under the effects of a social glass, was induced to enter the domicil of the accused. No. 140 Orange stioet, and while there she was divested of a portion of her under clothing, bonnet, shawl and bracelets; also, about 1-3 in money, after which she was transferred to the custody of a policeman, as a drunken and disorderly person, The officer, on being made ac quainted with the facts of the case, arrested Eliza Wil son, and recovered a portion of the stolen property. Ho'itiiry on the Hook.?James Tulley, of New Ro chclle, while at No. 4 Walnut street, last night, was toh tied of *1U. Two persons, named Patrick McAnnally and Ann McAnnally, were arrested on suspicion of being the offenders. Arretted on Suspicion.?A female named Mary Jane Richards, was arrested last night on suspicion of having ielieved the pockets of a countryman ol about 123. Burglary.?Arthur Spring, whose name has been re cently before the public, iu connection with stealing se' " dolls voral hundred dollar* in gold coin from a stranger, was again arrested this morning, on a charge ol having bur glariously entered the promises of John Hickton, No. sti Centre street, on the night of the dth instant, and steal ing therefrom about 1125 in bank bills and gold coin; also, two siivor watches, woith about (30. He admitted hi* guilt to Assistant Captain Smith, of the -Ith ward, and hus accordingly been luliy committed to answer. Grand Larceny.?A seaman, named William Rogers, was arrested this morning for stealing a ship's chro nometer worth 1200, the property of William D. Rich, of No. 273 Front street. His anticipations of a glorious spree irom tho proceeds of the property, were of short duration, however, for within the brief pe period of one hour from the commission of the larceny, officer Jo seph* had the culprit safely locked up in the Tombs. The case of the Mechanics' Bank Officers.?The argu ments in the case of Sbepard Knapp, K.sip, President, and .Mr. Kdwards, Cashier ol the Mechanics' Bank, were com menced this afternoon before Justice Drinker. James R Whiting and Charles O'Connor, Hsqrs, appearing as counsel lor defendants, and Theodore K. i'omliuson, Esq., on the part ol the prosecution. Mr. WhitiDg.for the defence, contended that the affidavits made iu the case, did not contain any evidence whatever tending to criminate the accused, iiiasmuch us the mere fact ot re ceiving hack their own, or in other words, money ad vanced by them on notes, forged notes, did not consti tute a compounding of a felony, unless there was an ac tual agreement between tho parties that no prosecution should be instituted in consideration of said payment or settlement of alleged claims, and that there had been no such agreement or uuderstunding between the defen dants and Higgins On tho part ol tho prosecution, Mr. Tomlinson, mailable aud eloquent speech, contended, that ? folouy had been compounded?it having been clearly shown in the first place, that a forgery had been committed by Higgins- that the officers ol the hank were duly apprized of the forgery-that they aaw him on the subject ol the notes in tholr possession, and there was au implied, if not oxptossed, understand ing between them, thol in caso the notes were : taken up, there would be no further trouhlo about the matter, and that Higgins, under the promise of coin, plying with their demands, was permitted to go on his parole of honor until tho following day, whon the con ditions of the understanding weie fulfilled, and the offi cer* had consequently abstained from a prosecution - Mr. Tomlinson concluded hit very able remarks, by stuting that it was the duty of the magistrate to hold the accused parties to answer, unless he could satisfy his Blind that the complaints had been made with malicious motives. Mr. Wiiitixo, in reply, made some remarks in refe rence to the course pursued hy the prosecution, in com mencing a criminal action, and employing private coun sel, whereupon Justice Drinker very promptly stated, that the tact* ol the case having been communrated to him, lie sent for Mr. Warner, and others who had bee-, called upon to testify in behalf of the people, nnd that they hail not come forward as voluntary complainants in the matter. At a late hour the hearing in the rase was still pro gressing. When It hat been disposed of, a more extend ed notice of the :aae will he given Tub Cost of Poverty.?The cotinly of Joe ; IJitvieas, Hi., |>aid, during the last year, the eum of thiee thousand three hundred and fifty-one dollars i and tlnrty-six cents, lor the support ol paupers. This county isihegcneial resort of strangeis, being the district in winch ihe lead mines arc located. This | we gather front the last Ualtno Srntmrl, winch 1 gives an official statement ot the financial atrairs of sai^ county. From the same source we also learn that the balance of the cour.ty indrbt.'dnes over all ot their resources, is titty thousand nine hundred and foity-two dollars and ten ceiita. Court intelligence. Gcnkbal Sessiows, Oct. 9?Before Recorder TaU madge, and Aldermen 8toneall and Charlick?M C Pet ? I tersoo, Esq District Attorney. Trial far Burglary.? John Williams. a young man wu I indicted for breaking into the dwelling of Mr. Joseph i Stewart, of No. 30 Beach street, at an parly bour on the morning of the 3d of August last, by forcing op?n a rear parlor window and shutter. On the part of the prosecti ! lion, assistant captain Wehb of the 5th district police, testified that the prisoner was brought into the ward sta tion house by some policemen, and on searching him, 1 (139 in money, a gold watch, some burglars tools and matches were found upon him. That on examination of i Mr. Stewart's window it was observed that Jt had been i bored through with a centre-bit, which instrument was picked up in Franklin street, and a part of the handle . was found in the prisoner's pocket, as also a large num ! ber of keys. The prisoner had no shoes on when taken I into custody, but a pair was found upon the premises ot | Mr. Stewart, which the prisoner received and put on aa hit own. Policeman C'asxichaki. testified to his arrest of the pri soner at the corner of Be8cb and Hndsou r.treets, as he was running away. Priaoner offered him $100 to let him go His hand had been cut, and on eaamining the frame ol Mr. Stewart'a broken window, blood was discoverod upon it. For the defence, witnesses were called to prove his previous good character, Ike. The jury found nim guil ty. and the court sentenced him to be imprisoned in the State prison for the term of ten years. Another Trial for Burglary.?Mortimer Olmstead was then put on trial for a burglary in the second degree, in breaking into the house ol Miss Lyons, No. 340 Bowery, on the 1st of July last, with intent to steal from the pro mises. The prisoner proving a previous good character, and as the evidence on the part of the prosecution not being sufficient to show that the accused was the person who entered the premises of Miss Lyons, the jury ac quitted him. Trial for Assault and Battery.?Wm Tuit was next tried for an assault and battery, committed upon the per son of Charles Beach, on the 37tb of May last, while he was on the wharf foot of James slip. The jury acquitted him. fraud. ?John Bruen was then put upon his trial for telling to the firm of Stokes, Anthony it Co., No. 103 Broad street, what he alleged to be grease butter. For the prosecution, Mr. Anthony testified that they purchased nine firkins of what they considered good grease butter, from Bruen and another man, for which they paid the sum of (77; but on opening the firkins it was discovered that in each of them a small quantity of butter was placed opposite the try-hole in the centre, and that the remaining space was filled with Indian meal, (kc. Ike : the whole amount of butter contained in the fir kins did not exceed two and a half firkins, worth about (20 only. ? The jury rendered a verdict of guilty, and the accused was remanded to prison for sentence. False Prrlencti?(iustavus Powells, a young French man, indicted for obtaining (II AO, from Charles Edward Jacob, of No. 119 Fulton street, on the 23d of August, by stating that it was for his employer, Mr. Roberts, who was absent from the city, and that he had a bill to pay for him; but on receiving tho money it was alleged that ho appropriated it to his own use and not to the use of his employer. The mal-appropriation of the money not being clearly made out, the jury rendered a verdict of not guilty. Tno Court then adjourned until eleven o'clock to morrow forenoon. Superior Court. Before Judge Vanderpoel. Oct. 9.?James M. Redmond vs. Samuel fir. Whselcr.? Tnis was an action of trover, to recover a quantity of ca lico cloths claimed by plaiDtifl'. It appeared that a party named Osborne, who once owned the Trenton (New Jersey) print works, made an arrangement with the plaintiff'and defendant, by which he disposed of his con cern, so as to enable them to carry on the business con nected with the calico printing lino. It was so arranged that defendant was to sell the goods manufactured at the Mills, at Trenton, on commission in this city, and each party were to receive one-third of the profits of the Cut ton works, and both to take one-third of the debt in which the establishment was involved. It was stipulated also that defendant was to buy goods in the city for the use ol the concern. It appeared that Osborne subse quently sold out his interest in the concern, and the par ties in the suit continued the business. Jn May, 1644, defendant went to Trenton and delivered an in voice of goods?the subject of the present suit?which were valued at (1,30A 92, and received an acknowledg ment in writing for the same, intimating that the goods were to be duly shipped for Trenton. The goods, it was shown, were never shipped as per agreement, and action is now brought to recover the amount. The defence set up was that the goods were delivered as security for a balance due from the plaintiff, and for services as a com mission broker in this city for the establishment at Tren ton. Adjourned over Before Judge Oakley. Milts P. Jlrvnrdton i s. S. itapelje, liolin, Lynntl al.? This was an action to recover damuges for lalso impris onment. (The case has been already twice reported ) ? The plaintiff is a seaman a Swede by birth, and arrived here in December, 1941 it appeared thit Bolin, who was the captain of the vessel to which plainiitl was at tached, named the " Gustave," had him ai rested on a rharge of desertion, in which he was defeated. Plaintiff now brings suit to recover damages lor false imprison ment. Adjourned over Circuit Court. Before Judge Edmonds. Oct. fi. ? Denti hit Carlhy dm .Preston ff. Hodges tt al. ?This was an action of ejectment, to recover certain property situated in Broadway, on which the "Carlton House" ia built, and also lots adjoining, situated in Frank lin and Leonard streets. It appeared that in the year 1935, a party named Danis McCarthy died intestate, leav ing a laige amount ol property, which was claimed by several ol his relatives, each as heir at law; and subse quently having agreed to sell out, they divided the amount received, slier having complied with the require ments of the statute, and obtained an act from the Legis lature. The plaintiff now claims as heir at lew aud neat of kin, having settled down at Saratoga some sixteen years ago. Adjourned over. Higelowt-s Heaton.?The jury in this cause, already noticed, rendered a verdict tor plaintiff. Common Pleas. Before Judge Daly. Oct. 9.?Edward Islry r?. AloittJi. Jirment.? Action ol' Rfifiumptit, to recover a sum of $350, alleged to be due by defendant, on a contract for building No. 'J, Union ?<juare. It was put in for plaintiQ. that, as soon at the building was finished defendant sold it and pocketed tho money, without payingthe contractor. The defence of fered involved a mere technicality. Verdict for plaintiff. Catharine l.xjont, Executrix r?. Mat hew Marshall.?Ac. tion on a promissory note for JJI144, made in 1849, and payable in four mouths. The defence offered waa, that defendant was discharged as a bankrupt; to which piain tiff rejoins that this note was not placed on the schedule. Verdict for defendant. Court Calender?'This I>ay. Si'rcBtna Court.?No?. 37, 57, 66, 62, 84, ti6, 68, 69, 70, 7, 71,74, 94,77 to 84. Circuit Court.?Nos. 18to 31, 6,7,36,38,29, 30, 32, 34 .Mr. BnwwrT :? Dear Sir?Your reporter has made an unwarrantable use of my name in the case of Isaacks vs. Judah, reported to-day In your pajisr, as 1 have had no such suit?indeed, I was never sued in my life. I presume your reporter meant Uriah H. Judah Will you please publish thii, and by so doing perform an act of justice to an innocent party. A. H. JUOAH. New York, Oct. !>th, 1845. , I', 8. Circuit Court. Before Judges Nelson and Belts. Oct. 9?Peck t-t Struthers el als.?This was a motion to obtain an injunction to prevent defendant from selling a certain description of cotton wadding, which he pur chased from parties named Hall and Lyman, the manu facturers, on tlio ground that the machinery used in the manufacture thereof, involved the question of infringe ment of complainant's patent right. .Motion denied, with costs. Court tor the Correction of Krkors, Albany Wednesday, Oct. 8, 1845.?Present?Lieutenant Gover nor Gardiner and ? Senators. Senator Hard offered the following resolution, which was laid on the table :? Resolved, That the Court will hear no argument after the 32d instant until the 16th day of Novemli .r next. No. 1. O. H. Striker, plaintiff in error vs. T. Kelly, de fendant in error. Mr. 1'. A. Cowdrey was heard for de fendant in error. Mr. S. Stevens was heard iu reply. Bigklow's Murderer* Arrested.?Mr. Bige low had lately returned from Texas with money, winch become known to the murderers, who re solved upon the horrid deed. There were four of them, one quite young, only I I or 15 years of age, Hiidiliey went to the house ol Bigelow under the pretence of obtaining work, and remained playing marbles and idiing around until night, when as was supposed, they requested to l>e permitted to stay all night. Alter nightfall, us Mr. B. turned his back to one of them, he made an attempt to catch and con line his arms, when he suspected their motive, threw him off and endeuvored to make his escape; he h"d run about one hundred yards and stumbled and fell, when he was caught by one, and literally cut to pieces by the others., liut the strangest part of the story remains yet to be told. One ot the murder ers returned next day, it being then unknown who die jicrpetrators were, assisted in digging the grave, shrouded him, and even stood by and showed the features of the well loved face to any that might wish lo take a last look, at their murdered friend. We have not learned in what way the discovery was made; but suspicion being fixed upon them they were arrested, when two nl them confessed the hor rid deed. The money has not been recovered. 1 he sister of one of the accused, has employed one of the Cherokee Lawyers to defend linn, and it is thought that she will use B's money to pay him with. It is said that they undoubtedly W|,l be hung. The t htrukrr Advocate is u-ing every exertion to have the Nation cleared of this murderous ?ang; it re commends the most ruinmary measures.? Arkan sas huthgmctr, The sale of the real estate of the late Joseph Bonaparte, will lake place at Bordentown on iMou? day, (he?7(h ol October.

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