Newspaper of The New York Herald, December 24, 1845, Page 1

Newspaper of The New York Herald dated December 24, 1845 Page 1
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mmmmmmtKKmKmammtm THE NEW YORK HERALD. vo.. xi.,No. jm?whoi? No. *'4oo. NEW YORK, WEDNESDAY MORNING, DECEMBER 24, 1845. THE NEW YORK HERALD. JAMES GORDON BENNETT, Proprietor, Circulation...Forty Thousand. DAILY HERALD?Every day. Price J ceuts per copy $7.15 iiTuunuin?payable in advance. WEEKLY HKRALD?Every SaturJay?Price 6>i cent per copy?$<.12J? cent* per aunuin?payable in advance. ADVliRTIShMENTS at the uaual pricei?always caih in advance. . .... PHINTINli of all kinds executed with beanty and des patch. , .... O" All letteri or communications, bv mail, addreued to the establishment, muat be pott paid, or the postage will be deducted from the subscription money remitted. , JAMES GORDON BENNETT, Proprietcr of the NEW YoHB HrKALD ESTABLISHMENT, Northwest eorner of Pulton and Nasaau streets HOLYDAY EXCURSIONS, j&jssfii flHfr TO PHILADELPHIA AND INTERMEDIATE PLACES, AT REDUCED RATES. Commencing on Wednesday, 24th December, and ending on Monday, th" ,5th of Jauuary next, by 9 o'clock, A. M. and 4V o'clock r. M Lines, from the foot of Liberty street. Toafford an opportunity, at reduced fare, to the citizens of New York to visit - nd exchange civilities with their friends iu Philadelphia and the country on ChrUunis and New Year, and to afford the ' ountry people au opportunity of visiting Philadelphia and N.w York tor the like purpose, arrangements are made by which passengers will be furuished with an excursion ticaet, entitling the purchaser to a passage each way, at the following rates, vn:? From New York to Philadelphia and return... $4 00 Burlington " ... 3 SO " " Bordeutown " ... 3 00 " " Trenton " ... 2 50 " " Princeton " ... 2 00 " Newark to Philadelphia " ... SM " Klixabtthtowu " " ... 3 25 " Railway " " ... 3 00 iiy I'asseiiKt rs irom the above places to New York will be charged the same rates. A periou may go on the 24th December aud return on the 5th of Jauuary next, or at any time between those dates, at the ex f'.rs'ou rates. Office fo il of Liberty street. Tickets not transferable, aud will nm be received after the 5th of January, 1846. d23 2w*mc "mail LINE AT EIGHT O'CLOCK, A. M. TO ALBANY, LANDING at Yonkers, Dobbs' Ferry, Sing ? 8inr, Grassy Point, Verplanks Point, Cald .well*, Koyerhoek, Cold Spring, Newburgh, H.'d . tar as the ice will permit. Breakfast ou board the boat. celebrated|ice ste:unboat UT1C A, Captain L. W. Jtrai Hard, leaves the tuer betweeu Coortlandt and liberty streets, every morning at 8 A. M. For pasnngu or freight, apply ou board, or to P. C. Schnltz, at the olnce ou tl'e whart. d23 r FOR Li VEfctPi lOL?The stii? ri<>r. well-known, ... :ii?? packet ship SOUTHERNER, T. Palmer I have iinoiediate despatch. e or nmfiht or passage, having superior accommodations, ap ply to the Captain on board. f?ot of Dover street, E. R , or to WOODHULL ?t MINTURN, <12Ire 87 Month street ONLY REGULAR LINE OF PACKETS 7i)R NEW ORLEANS?Packets of the 27th and 29ih of Dec.?The splendid, fust sailing packet shipTEN their regular days. The accommodations of the above ships lor for cabin, second cabin and jreetnge pnssengeri arc very ruperior. Those wish ing to secure berths, should not fill to make e-irly application to W. Hi J. T. TAPSCOTT, 75 Sonth street, d'ilrc corner Maiden lane. FOR LIVERPOOL?The New Line?Regular Packet of 21st Janu iry.?The! superior fast sailing packet ship QIJEEN OF THE WEST Captain Phillip Woodhonse, 12'A> ton burthen, will sail as above, her regular day. *? . For freight or passage, having splendid, large aud comfortable ?ute rooms and cabin, apt'Ly on hoard. west side Burling slip, or to WOODHULL k MINTURN, 87 South street. Price of paar.nge $100. The p icket ship Roche-tler, 800 tons burthen, will succeed the Qni-en oftne West, ?rd ??il on 3?st February. d2lrc FOR NKW ORLEANS?Louisiana and New Vork Line?Positively first regular packet?To sail :T-3uB"iiiSaturdavv Z7ih iust? i'be elegant fast sailing packet ship TENNESSEE, Pray, master, will positively sail as ahrtve, her regular day. For freight or passage, having handsome furnished accom modxtioiu, apply on bnara at Orleans wharf, footepf Wall St., or to E K. COLLINS 8t CO.. 56 South st. Positively no goods received on board after 12 o'clock, Satur dar. 27th iust Agent in New Orleans, James E. Woodruff, who will promptly forwaid all goods to his address. Packet sbip LOUISVI I.LE, Hunt, master, will succeed the Tenn> ssee, and sail 10th January, her regular day. d24rc PACKET SHIP SHERIDAN, from Liverpool -Con signees by this ship will please hare their permits on board, at Orleans wharf, foot of Wall street, immediately All goods not permitted in five days must be sent to the Public Store. dao TO druggists! A RETAIL DRUG STOHE. situated in a thriving neigh horh' od, ttock and fixtures of the best, end doiug a fir.e bu suiess, for isle cheap for cash, the proprietor being called to a countiy practice. Apply at No. 630 Water street corner 8c ani mal tUeet. d22 Ct'mc TO DRUGGISTS. AIT*ANTED?By a youug married man, a situation in a vv Wholesale or Retail Drug Store, who can producc the best of city reference as regards ability and character. A rote addressed to Druggist at >ms office will meet with immediate attention. d!3r WANTED, A FEW ACTIVE YOUNG MEN to go 8outh or West, to act as Agents for the sale of new and popular Publications. $.1M) over ana above their expeuses will be insured to them in writing, with an opportunity of clearing $1,000 per year. Some men now in our employ will, no doubt, make over (1,000 per yearcleur of nil expense. Each will have his district. It will De uecetsary for them to have at least from $25 to $50 to obtain a good fitting cut. Apply at FRENCH'S Publishing Hall, 293 Broadway, up stairs, sign of the Flag. All letters must he post paid. dC lm'rc WANTED CUBRCRIBERS-At CLARKS He STEVAN'S Free Agen O cy and Temperance Intelligence, 95 Duane street, west of 1) road way, where they can have good faithful servants, with out any cnarge, and also with as little delay as possible,cooks, waiters, Sic., of every description and of good moral character. A first rate <.ook on hand at 95 Duane street. n20 lm*rh - A] W AM TED, FREE TEMPERANCE INTELLIGENCE OFFICE, A^fLi BROADWAY, (between Broom anil Grand streets.) ~k f Ois where servants and assistants, of every capacity,botn ?tile ruid female, are furnished free to employers. The character* of all, offering for situations, will be itrictly examined Wiore they leave the office, and none bat the honest, sober, industrious tuid capable one* recommended or allowed to engine to employers. Women, men,girls and boys wishing employment of any kind who can prove, tatiafactorily, the above character, can ob tain i<ood sita tions?no othera need apply. nl9 lm*m ACCORDIONS AND MUtflO BOXES THE 8UBSCRI BETl, Manufactur and Importer of Musical Inurnment*, ha* lor *ale a large aisorttnent of Accordion*, sical Boxes, ana all kind* ol Musical Inst uments. EDWARD BAACK, dl8 2wis*r 81 Knlton, cor of Uold *t HAS'fLNOS' COMPOUND SYRUP OF NAPHTHA. THE TRIUMPH COMPLETE !! For *file by MOOKE It CO., tha American Agents, 41 Ann street, and Elliott, 113 DIVISION STREET, op poaite Ludlow, New York. Trice $1 a bottle?Six bot tles for (3. n6 lm je 'BARTlNfc'S LOTION, CERTAIN AND RAPID REMEDY in all cue* oi . Rheumatism, Gout, Sprain*, Bruise*, Cat*, Burn*. Scald*, Bites, Poison*, Stings of insects, Wounds of every description, Swelliniis, Weakuess and Pain* in tile Breast, Side and Back, Krai lurej and Dislocation* of Bones, Tetter, Ringworm*, Pimples, all kind* of Eruptions of the Skin, Erys} pelas, Salt Rheum, I* ever aud Ague. Ague lu the face and Breast, Quinsy Sore Throat, Glandular Tumor*, Lumb go, Ciamp in tlieSto ra irh and Limbs, Cholie. Bowel Complaints,Fever Sore*, Old 1 in-it Mid Sore* of all kinds, Coinplaiuta ot the Kiduey gene rally. Chilblain*, Corn*, Bunions, Head Ache, Tooth Ache, ltr.,kc. The proprietora deem it unnece**iry to write leiiKtliy article* iipie lie nn'rits of I In* invaluable medicine, as its 100,000 filends m n V ?rk and I he Atlantic cities cheerfully certify it utile Ii. only remedy for the complaints above named, asserting IU. . hey and their families will constantly keep a supply, it bemti a so generally useful and ready cure. The Ladies also gratefully unite in attesting it* value, in ni?iy r ue* ? hicli heretofore *eemed without remedy. Fur ??l? at the Proprietor'* OeneJal Depot, retail and whole aaie, Til Broadway, 2 door* above ihc Hospital, where agent* in the fily and at a distance nil be supplied ou liberal terms. A1 *o at tli ir lie put 234 Walnutitreet, Philadelphia; aud by agents in this city generally. The** are a few of their agent* at a dis tance, Vii;?lJ. Dester, Albany; Dr. Heiustreet. i'roy; T M. Douiieli, Saratoga Sp; 8. Tousay, Syracuse; H. O. Fowler, Auburn; J. B. Maiochisi.Utics; Coleman It Co., Buffalo; W. V. CI'ik, Jersey city; B Van Won Newbury; R. .. D. thitr, Ticonderi ga, N.Y.; W. Q Force, Washington City. Ar C ; D B. Whipple, Bal imore; r.Heugh, Frederickrhurg, Vs.; J. >1. Sharp, Cincinnati, Ohio; E Easterly, St Loui*. Mo.; J B. Baker, bo.iou; Messrs. W. It H Stlll-ell, Westerly, R 1.; li.J l'.iylor. Newport, do; S..I. Lyman, Montreal, C. E.; IVicDonald, St. John* do; J. O. Hutchinsou, Toronto, C. W. _|\ice7?cent*. C. 8. BAR11NE it CO, All Imeo<i*in 32:1 Broadway. AWRENCE, MVEHlt It CO., 33 Stone atreet, have uat received per sliips Epeivier aud Sea, the undermentioned Brauiiie*:? Otard, Dapuylr Co in half pipe*, pale and dark vintage*, 1140 to 1844 ttmii.rntort It Beeker, do do do do. J.J.Dupuy, do do do do. Which they offer lor **le. The tame i* under caitom home lock and entitled to debenture. dC 2rn'r CI EN XI -EM EN OF NEW YORK My celebrated 1 AMBROSIAL ROSE AND ALMOND SHAVING CREAMS, dely a comparison in America or Europe So per *on will me any oihei after uiing thi* Emollient I'aate. It i> the best, the very be*t. Give it only a single trial. I do not ask any more to convince you. I warrant it. For sale wholesale aud retail, at JULES HAUEL'S Perfumery and Chemical Store. 48 South Third street, Philadelphia, and by my agents:?J B. Jaijuemod, No. 4IJ Broadway; F. A. Artault, Lalnvette Bazaar. Nos. 119 and lit Broadway; A. VS illaril, S. W. corner of?>dar aud William streets. I'.emmmi awsnled ut ilie Frvukliii !? simile. n'.B Im'rc -TTTenTi<>n7 . 1LL VVHcTdkHIHi.PEA RI.V WHITE A TEETH?My unrivalled ROSE TOOTH PASTE is unsversally sought after for the pearly whiteness it give* to the Teetii, without the (lighten injury. For *ale, wholesale and retail, ai JULES HAUEL'S. Practical Chemist aud Perfumer, 46 Soath Third itreet. Philadelphia, aud by my agents:?J. B. Jacqnemod, No 4IS Broadway; F.A. Artault. LalayeUe Ba/w, No* 149 and 1JI Broadway; A. Willaril, S W corner ol Cedar and William streets. Pr?miii"'? awarded at the Franklin Institute nlR lm*re " " JAMhti A SWAIN, CASH TAILOR, a 5 94 Broadway, ?w Im're CARLTON HOUSE. L ADVERTISEMENT. CUSTOM HOUSE, NEW YORK.) Collector'! Office, Dee. 9th, ISO v QEALED PROPOSALS will be received at the Treasury C Department until the 24th iniuut for such supplies of Ship Chandlery, tic., and in such quantity, and at audi tiinea aa may be required for the aaeof the United State* Revenue Steamer { and Boata, which may be employed in thia Diatrict, daring the year commencing the lat January next, as per following schedule Anchors and kedges, lb Adzei, shipwright, each " coopera'copper, each Axei, broad, each " wood, each Augura, aet Alin ui tc, nautical, each Anvil, lb Awla, brad, doz B Boat Hooka, copper, each " iron, each Buckets, deck, each " cedar, each " aheet iron,lb Brushes, acrubbing, each " varnish, each " clamp, each " tar, each " paint, assorted, dot " whitewash, each Brooins, hickory, doz " birch, doc corn, dux Buutiug, all colors, full width, piece Bunting, all colors, hf width piece Beeswax, lb Blocks, friction rollers, per inch, per sheave Blocks, iron buihtd, per inch, per sheave Blocks, sn itch, iu Bath bricks, doz Blankets, rose, pair Bed->l>reads. Marseilles, piece Bread Biskets, tin, piece Bell, table, eack " large, and fixtures, each Bits bor'iig, each Bullet Mculds. set Boatswain's Call, silver, each Brace and Bits, set Belaying Pins, irou, each " wood, each Bake Pans, set Battle Axes, each Barometer, each C Cordage, tarred hemp, patent, lbs Cordage, tarred hemp, bolt rope, lbs Cordage. Manilla, lbs Cables, hemp, cwt " chain, lbs Copper, sheet, lbs Chalk, lbs Chalk lines, piece Chiss'ls, assorted,set " cold, each Candles, sperm, lb Compasses, brass, 10 inch, e'h boat, each " carpenter's, each Canvass, Holland's A A, bolt " American hemp,bolt " Co"ton, No. 2, yd " " No. 3, yd " " No. 6, yd " " No. 10, yd Coal, Lehigh, delivered, ton Cook's Ladles, each Curtains, taoreen, made up, yard Cup* and Saucers, Queen's ware, doz Castors, plain plated, set Crowbars, lbs Calipers, carpenter's, pair " (runner's, pair Capstan Bars, hickory, each " walnut, each Cranes for boats, lb Coffee Mills, each " Boilers, each Cannisters foi oil, each Cotton, waste, lb Coal Scraper, each D Deck Ligh'j, patent, each Duck, raTens, heavy, bolt " light, bolt " imperial, bolt " cotton, bolt Drum, piece Drawiug Knives, piece E Emery, lb F Files, hand saw, each '' wood rasps, each Funnel, wood, water, each Fiying pans, each Fife each Flints, hund Flannel, cylinder, yd Forge and bellows, each (4 Uougei, set Ol&sses, log, 14 sec., each _ " _ 28 sec., each Marline spikes, steel, each Match rope, lb Measure, copper, set Marline, lb Match staves, each Maul, lb ^ Nails, copper,wrought, lb " cut. lb Nails, iron, wrought, lb u cut, lb Needles, sewing, ass'd doz " sail, " doz " marline,doz Nippers, eacb^ Oakum, lb Oil, s|wrin, winter strained, gall " " summer, gall " linseed, boiled, gall " " raw, gall " olive, quart Oil, tar, gall Oars, ash, feet " spruce, feet P Pens, steel, card, each Paints, black lead, lb " white had in oil, ground,lb " redlead " " Parcelling, yd Paper, sheathing, ream foolscap, r-am " lette-, cold pressed, ream " envelope, quire " sand, assorted, doz Pump tacks, copper, thousand " iron, thousand Pitch, gall " kettles, lb Planes, jointer, each " jack,each " smoothing, each " fore, each " match, set Padlocks, brass, each Puuches, chain, each " nail, each Putty, lb Palms, mounted, each Palm irons, each Plates, Queen's ware, dinner ner, doz do do desert, doz do do dishes, as sorted, each Priming wire, each Powder flasks, copper, each Port lire, staves, ash, each Passing boxes, leather, each Powder, cannon, lb " priming, lb " boxes, copper, each Pump, hand, copper, each Prickers, each Pincers, each Packing hooks,lbs Packing yarn, hemp, Ibi R Rules, carpenter, two feet, each Rjininers and sponges,each Rotton Stone, lb S Scrapers, guu, each Scrapers, cast steel, each Spikes, composition, lb " iron, wrought, lb " " cut, lb Screws, brass, assoited, doz ' iron, doz Saws, steel plate, hand, each '* key hole, each " tennou,each " wood, each " compass, each Screw Drivers, each Spoke Shaves, each Squares, iron, each " small, each Soap, brown, lb Spun yarn, lb Sheep skins, each Sauce paus, each Store, cabin, each " coal, each Shot boxes, each Shot roQnd, Id " cannister, lb Saw setts, eacn Sou tiding rods, each Stoues, grinding, each '? holy, each '* set, each Scuttle Butt, 60 galls, each Scales aud weight, set Stoppers, claw, lb Slstes, each Sledge, lbs Shovels, iron, each T Twine, whipping, lb lilllf, IDS Oimlets, assorted, doz Olue Pot, piece (iiidiroL, each Onnter's Scale, with Orapnels, lb H Hawsers, Manilla, lb " hemp, lb Honselioe, lb Hnmbroline. Ib Hi oka and Thimbles, Ib Handspikes, hickory, each " walnnt, each " shod,each Hammers, claw, each pump, eucli " riveting, each " chipping, each Hooks, anchor. tish, lb " chain, lb Hunks, d, x Hnlliards, pennant, lb Hooks, can, Ib Hatchets, each Hoes, each 1 Ink, writing, quart Irous, hand, lb " feet, lb *' c<miking, each Jnuk, lb K Kids,copper, hooped, each Leather, rigging, lb " pomp, lb Log lines, hank Lmitepis, siifiial, copper, each battle, each " deck,each Litharge, lb Lead fines, deep sea, 120 fath oms, each " hand,each " black, Ib Leads, sounding, lb Ladles and worms, each Lamp, biuuncle, each Loggerheads, lb Lumber, white pine, clear, foot Lumber, pbrk, foot Log Red, ench Lamp-black, lb M Mallets, canlkmg, ench serving, each " gunner s each No bid* will be entertained seine, lb " sewing, Ib " cotton, Ib Thimbles, open and welded,lb Tallow, lb Tar, gall Turneutine, white, bbl 1 spirits, gall Tormentors, coak's, each Thread, assorted colors, lb Towels, damask, yard Tureeu and Ladle, bloek tin, each Tumblers, cut glass, doz Table Spoons, German silver, doz Tea Spoons, Uerman silver, doz Table cloths, linen, yard Tin measures, set Tube boxes, leather, each Tubes, qutll, doz Trucks, leading, brass, each Top mauls, each Tape, lines, 100 feet, each Teakettles, iron, eucli " copper, each Trumpets, brass, Ib " tin, each Thermometers brass, each " tiu, each Tongs, blacksmith's, Ib Varnish, copal, gall " bright, gall " black, gall Vice, hand, lb W Wood, oak, sawed and deli vered, cord Wood, birch, sawed and deli vered, cord Wood, maple, sawed and deli vered, cord Wood, yellow birrh, sawed and delivered, cord Wood, white birch, sawed and delivered, rord Wood, pine, cord " spruce, cord " hemlock, cord Whitiug, Ib Wrenches, wood, each iron, lb Water cask, oak, 60 gallons, uach Water breaker*, oak, IS gal lons. each Wick, lamp, lb Wreuches, assorted, lbs from persons not actually en gaged in the business to which thii advertisement refers. Bidders will transmit their proposals sealed to the Secretary of the Treasury. Printed lists of the above articles will be furnished to ship chandlers, upon application at this office. dllt24thr C. W. LAWRENCE. Collector. [ADVERTISEMENT.] CUSTOM HOUSE, NEW YORK, I Collector's Office, December ,IHJ. > QEALED PROPOSALS will be received at the Treasury O Department, until the 24th instant, for the supply of rations to the petty officers and seamen of the United Sta'es Reveuue Steamer Silencer, for tlie term of one year from the 1st day ol January next. The ration for the revenue service is the same as that allowed in the naval service, emitting the liquor, aud consists ol the ar tides enumerated in the following table, to wit: Ibloz | lbs. of | ounces of I hf pints ol Days of the Week. Sunday. x Monday Tuesday Wednesday Thursday X Friday Saturday i . ? * * i ti . . 3 | 2 1 *!? 14 14 XM 14 14 I' I, Per week X 6 3K S 1 98 2 7 4 2 2 1 1 The rations to be of good and wholesome quality, to be ap proved by the Collector; and the different articles comprising iterations, to be delivered on bosrd the vessel in good andsnffi cient caskr and vessels, to be provided by the contractor, and the contents thereof distinctly marked on each. It is to be distinctly understood, thatno bids will be entertain rd from persons not actually engaged in the busiuess to which these offers refer, and that the contractor will be bound to fur bish, upon reasonable notice, a* often as may be required by the captain of the vessel; with the approbation of the Toller tor (not exceeding upon an average, one day in each week,) ?uch fresh meat, and fresh vegetables, as may be equivalent to the corres|>ondiiig parts ol the ration allowed in the uaval ser vice. Persons proposing will transmit their bids sealed to the 8e* rrt.iry of the Treasury dil t24 r C W. LAWRKNCE. Collector AGENTS FOR THE CHEMICAL HAIR IN VIGOR ATOR. A REMEDY for all diseases incidental to the Hair, and its restorative in nil eases where baldness is not beyond the reach of ait. Prepared solely by_. E. PHALON, 214 Broadway. Stats and Country Jigrntt.?O. Fish Ik Co., Washington, D.C.; Ayer fci Pli Ian, 76 Broad street, Columbns. <*a.; Tut tie, corner of Tenth and Chesnut streets, Philadelphia; H Rice, corner of Court and Howard streets, Boston ; V. B Lockrow, 54 Beavrr street, Albany; C. B. Brower, No 105 Fulton street, B'ooklyu; M. 8. Fletcher, Marebon, Ulster J-jo , N. Y.; H. Tousey, Syracuse, N. Y.; John B Watson, Charleston Hotel, S. C ; Gorton Anderson, Newport, R. I.; C. Duboice, New Pilt* Landing, Ulster Co.; A. It O Ludlow, N, Y.; ludton street, corner UI opnuji, n. X.I iLveraril's Kancy Store. No. 178 Orand street; A. B. Sands Ik Co., 271 Broadway; Dr. Carroll fk Co" No. 3 Murray street. dl Itn'ec Music. PRIVATE PARTIES ATTENDED SCHNEIDER* REBHUN, 59 Crosby Afreet. j^EAl HKHS?1000 Ibi LiT?^Ot*>? h^tthom?for iiilf by M Sonth it. Boston, 1>c. 22, 1845. Forefather? Day?The Common Council and Ben ton lAuvitl?Mr. Murdoch't Benefit and Presen tation of a Sword?Iaivu Josselyn and the Coun ty Committee?Boid and Daring Robbery?St nail Pox?Sale of Real Ettate, fre. To-day ia the anniversary of the landing ot the , Pilgrims at Plymouth, or as it is generally called in the Old Colony, " Forefathers' Day." It will be ce lebrated this year with unusual pomp and cere mony, and many distinguslied men are ex pected to be present, though it it now i>aid mat Mr. Webster and Mr. Calhoun, who were late ly announced as among the expected guests, will not be in attendance. The weather in cool and bracing, and I understand that a large delegation have gone from thin city. A train of earn wai to leavo New Bedford early thin morning, I am told, for this city, where tbey will wheel on to the Plymouth track and proceed to the festi val. Such is the revolution which railroads have achieved in truvolling. Plymouth is about 40 miles from i New Bedford, but instead ol'going directly, the New Bedford folks como to Boston, a distance of 60 miles.end then go to Plymouth, 40 miles, making in all 100 miles, which they travel by railroad in preference to going 40 miles by stage. Since the election of Mr. Quincy to tho office of Mayor a resolve has been introduced in the C mmon Council lo pay Benson Leavitt, Em., who, as chairman of the Board of Aldermen, performed the duties ol Mayor for a con siderable length of time, the same salary which is given to the Mayor. Alter some discussion and delay, this re solve was rejected by a vote of 32 to 11, and Mr. Benson Leavitt, the head of the Native American clique, must take pay tor his valuable services in the gratitude of posterity , where it is presumed he will receive ample re muaeration Ono of the penny papers, not satisfied with this vote, suggests that Mr. Leavitt ought to pay the city something tor the trouble and botheration he has caused. If justice were done, many office holders with fat sala ries .might be called upon to "fork over' in the same way and for the same reason. The small pox prevails in this city to some extent, and some deaths from that loathsome disease have come to my knowledge, though very little is said about it. The alarm and dismav which formerly attended the breaking out of this disoruer, and which have been tho cause of some queer proceedings in times past, are not witnessed now, and perhaps never will bo again. A very valuable lot of land on Tremont street, pur chased not long since by the Boston Athonsum for the purpose of erecting thereon a spacious building for their own accommodation, was sold at auction on Saturday li?st for $6 67 per foot. The lot contains 16,37a feet, mea sures 104 feet on Tremont street, and brought the round sum of $109,221 20, being a considerable advance on its cost. It was bough'by Mr. T. J. Lobdell, an extensive speculator in :eal estate. The managers of the Athene um have secured another lot, which will answer their purpose about as well, and which cost much less. Mr. Murdoch's benefit, on Friday night, was a bumper and passed oft' well. In the interlude between the the presentation of a dress sword to Mr. M. took place on the stago. It was a gift from his friends and admirers, who took that occasion to express their feelings Uuac H. Wright, Esq , formerly editor of tho Bay Stat< Demo crat, now Navy Agent, presented the sword, accompa nied by a speech, to which Mr. Murdock replied in ap propriate terms The papers of this morning give a more full account of this theatrical incident than th-> limits of my sheet will allow. It may be proper to remark that the presentation of this sword has no connection what ever with Oon. Cass's resolutions for putting the coun try in a state of defence. The political waters continue to he somewhat ruffled in these " digcins " In addition to tho sparring between Morton and llonshaw, a correspondent of the Washing ton Union, who signs " Marker,'' has come in conflict with the democratic county and ward committees, for Suffolk. This correspondent, who is gent-rally under stood to be Lewis Josselyu, Esq., ouce editor of the 7l.ii/ State Democrat, but now an office holder in the Custom House, charged the committee aforesaid with being dis affected on account of appointments to otti:e in this State, by the national administration, and with doing nothing, ami worse than nothing, to organise the party and bring out its strength at the recent election; the consequence of which was, that the democratic vote in this city was only about half as large as it was last year. To these charges the committee made a formal reply, through the columns of the Union, which has again called out " Marker," in substantiation of his original allegations. Thus wc go?pulling and hauling, fighting and scratching, criminating and recriminating, und all because we have so many disinterested patriots who are willing to serve tlinir country tor pay! We had one of the coolest robberies here, on Saturday evening, that over came to my knowledge. About nine o'clock, the store of W. I\ McKay St Co., watchmakers, S2 Milk street, was robbed of a small show case full of gold watches. Mr. McKay, and three other persons, were in the store at the time. The robbers first barred the front door outside, by running a piece of iron hoop through the handle, and then one of them dashed his hand through the window, seized the case and lied. One of the inmates of the store at tempted to catch the case as the robber was taking it, but without any better success than cutting his hand with the broken glass Before the store ceuld be got open, the robbers, thiee in number, succeeded in getting out of the reach of their pursuer*. The watches are valued at flfiOO, and a reward of $300 is offered for the recovery of the property and the detection of the thieves. Albany, Dec. 21,1&45. The Christmas Festival?Opening of the legislature ?Beauty in Albany?Political A/lairs?The Weather?The Governor'! Message. Christmas, the festival of the Christian church an nually observed in memory of the birth of our Sa viour, is just upon us, and every body seems to be vicing with each other as to the amount of happi ness they shall enjoy on this blessed day. Mammas aro out shopping for their little ones, and old Santa Claus is carolling his Christmas canto preparatory to making his itescent through the chimneys upon the little stockings hung up in prolusion about the mantel-shelves. Hilarity is the order of the day, and ten thousand hearts beat in unison, iu love and thanksgiving to that kind Providence who so bountifully and continually showers unnumber ed blessings upon us. Oh, may the houseless, homeless puor have the wherewithal on this sacred day to make his heart glad?may the altar of peace and plenty be reared on that day in every hamlet in the land, and may the serf and the king have occasion to be sensible of the goodness aud beneficence of flim who is eur common father?who is Uod. The Houses will not assemble until the first Monday in January, which will be on the Mh of that raoMh. A number of members have ariived, who will probably zealously co-operato with the citizens in the celebration of the holydays. Meetings will be held in all the chuiches on Christmas eve, and all sects and creeds will unite in the solemn observance of this sacred season. The foreign news by the Acadia, in the Herald of yes terday, is read with much interest. The news will have a tendency to allay the war panic; the effect upon the markets is very slight, and holders of flour are waiting for the opening of the British ports before they com mence extensive operations. A few barrels changed hands yesterday, but dealers are rather averse to any thing heavy. To-day is Sunday?there is not a fleecy cloud in all the heavens, and the bright sun pours a flood of light upon the city. The citizens arc passing under my win dow on their way to the various nouses of worship. A score of bells are pealing their solemn funeral cnime, and their heavy booming sound deeply impresses the heart with the holiness of the hour. Here goes a bevy of beautiful girls, with their " shades" in requistion to keep the sun of) their lovely faces and, perhaps, just in their wake a zealous duenna is keeping watch over their " de vious way." Probably, no city in the Union, of the same extent, can furnish more beauty and grace, and wit and female love linuss than Albany; and the man who is fortunate enough to bask in ihe loving glances of their dreamy eyes is blest ?supremely blest, lTiey all love to read the Iieruld, they love its tone,its policy, and its unrivalled and unapproach able entreprendre; a little farther on 1 see a company of young gentleman with some varnished sticks?ergo, rat tans?iu their gloved hands. Their manure is peculiarly diutinguc, and their haughty bearing bespeaks pre tensions to those characteristics, which particularly distinguish the aristocracy. A dandy with an enormous moustache, aud an imperial for a pedestal, cl> . . this church-going procession, with purposes and thoughts so widely different. John Van Buren's friends begin to feel some anxiety ahout him. His argument in the United States Supremo Court is closed, and there is no business which must necessarily detnin him at Washington, except it be for promotion, or to insti ute and establish " stated preach ings" in that city. Several gentlemen in this city, were heard to express their suipuse yesterday, at his prolong ed absence. The sleighing continues to bo most excellent It will requires week of very warm weather, to open the river. Tne ice hns become petfectly Arm, and is about eighteen inches thick. Heavily loaded sleighs cross with safety. The thermometer has ranged for several days past from three to ten degrees above zero. The municipal laws of this city of Albany are entirely different from those of any other city, it indeed, they havo any heie at all I might point out a dozen distinctions il I chose ; but one will answer. Tho prin cipal street in this city, (State street,) is completely jammed with stationary houses and sleighs with wood, ( and auctioneers' stands, and beef and poultry caits, and every other imaginable vehicle, from the Capitol down to Broadway, on every tolerably fair day. Furniture of | every desciiption, boxes, and barrels, and bales, block up the street, and above the din which n collection of some Ave hundred pe lars causes, !? beard the voice of the auctioneer "going, goiiiK, gone" This stste of things makes pedestrmmzing dangerous, as of course; ond >t is utterly impossible to drive n cutter i r sleigh through the crowd. State street is consequently avoided by sleigh parties, and the " us* and occupation" of it is conceded to these men. Governor Wlight's message will be very broad and national in its character, as T have before announced to you. It was completed on Friday, and is ready for delivery as soon as the House go into session It as I as long as the moral law, Governor Wright will allude 1 particularly to the Anti-rent rebellion, and to the mea- | sures which have been taken for its suppression. He will assign a number of reasons for the commutation of I tho sentence of the leaders, and he will recommend pro- I bably the total abolition of capital punishment in this j State. I have strong grounds for believing that he will take this conn*. I Fact ami Fancy. The Concord Courier states that the majority against Woodbury, for member of Congress from tne Hale district, New Hampshire, according to the official returns, is twenty-two hundred and three. The Judges of the Supreme Court of the State, to whom was referred the question whether a plurality elects ou the third trial, have decided the question in the negative. The shoe dealers in Worcester have agreed to close their shops every evening at 8o'clock. John Cook, of Wrentham, Mass , has been in dicted in Norfolk county, for seduction. The Superior Court ib now in session in Dover, I N. H. On Wednesday lu..t, we understand a writ of ha- \ beas corput was served, in the cute of Andrew Howard, under sentence of death, who was reprieved to July next, by Gov. Steele, last month It was based on the groitnd that no evidence appears that the Governor iu this mat ter acted 'by and with the consent of the Council,' which I the constitution of the State requires. The result we ! have not heard, but it is not un ikely HowatJ will be discharged." A Seminole Ciaei is preaching in I'ittsburgb, Pa. At Stockbridge, Mass., tho dwelling house of John C. Morgan w*s burnt on the night of the IMh inst. Mr. Morgan rushed into that part of tne building where bis papers were, for the purpose of saving them, and was consumed. A wife and seven children are left to mourn his dreadful doath. The population of Chicago is 12,l)8S Thin shows indeed a tUpid growth?for it was only a fow years since that the foundation of the place was laid. The w hole State presents a like groat augmentation of population? reaching to full 200,000 since 1840, and making the en tire number over 700,000. Cook county, iu which Chi cago is situated, contains 21,681 inhabitants. Profereor Bush is lecturing in Providence, It. I, The Legislature of Soutn Carolina has appropria ted $30,000 for the purchase of food for the suffering dis tricts iu the upper country, where the failure of the crops has caused the greatest dig ress. A bill has been introduced into the Legislature, to abolish capital punish ment in ca'.es of forgery and counterfeiting, arid to sub stitute for death, whipping and imprisonment for a term of years. Eight trips a day are made each way between Troy and Greenbush, N. V. The liver is crossed by means of a sleigh, from the steamboat oittce at the foot of State street. The sleigh ride is free?fare on the road 12$ cents. A man named Robert McCleren, wa-< scalded on Saturday afternoon, in Philadelphia, by tailing into a vat of boiling liquor, at the Tig's boai ding-house, on the river Schuylkill. Mr E. Uanuertield, of Fredericksburir, Va . com mitted suicide last week by taking corrosive sublimate. A German laborer was killed in Milwaukie, ou the 8th inst., by a small piece of frozen earth falling on his head from a bank. A fire occurred in Rochester, on the night of the 18th, whi.'h resulted iu the destruction of the building, and the death of thiee children of Mrs. Nancy Roberts - The circumstances are, as uear as we can loam, that she resided in the same house with Mrs. Knox, and that she with her four children, one an infant, ami Mrs K.'s chil dren, lodged in the chamber of the house. Mrs. R. be ing awakened by the crying of her infant, discovered smoke in the room, uud immediately ran down stairs to discover the cause, and found that the house was on fire; she returned and snatched her iulant and threw it out ol the window. She again leturned, but having left the door open, the upper part where the children weie asleep, was by tbis time densely tilled with smoke.? After groping about for some time, s' e finally came in contact with u girl of Mrs. Knox, which she upposed to bo her eldest boy, and threw her out of the window also While roviug about the room in search of the rest of her children, for some time she lost sight of the window, and concluded that they must perish in the flames, and laid hersel: down upon the floor to perish also, when she felt adralt ot" air from the window, und making towards it escaped. She then made an inquiry for her children, and not finding them, search was made in the building, and the lifeless bodies of two of her children were dis covered. She was still in great suspense as to the fate of her eldest boy, who was nowhere to be found. After the tire was extinguished search was made, and his life less body was brought to her, increasing, if possible, her anguish. The proceeds ol the Rochester tea party, for the benefit of the orphau asylum, amounted to over $400. An application is to be made to the legislature, at its next session, for a division of Krie county, the new county to he of Btift'ilo, Black Itock and To unwanda. The question ol constructing a rai'road from Sy racuse to Rochester, to run paralltl with the canal, is not only Hgitated with sober earnestness, but is reully in contemplation. An application will be made to the le gislatuiu lor a charter, eaily the coming session. Th- Right Rev. Bishop Potter, of Philadelphia, j mat '.vitfi a serious accident on Sunday, by which one ol liia logs was broken All the Upper Canada papers, tis far west as Nia gara, represent the winter as having set in with great severity and heavy falls of snow. A woman was found frozen to death in Philadel phia, on Monday morning, at a houso in Lombard street William Hickling Webber, sixteen years of age, noli ol Capt. John A. Webber, of the If. S. army, now at Watortown arsenal, Massachusetts, and grandson of the late President Webber, of Harvard I'niverity, was killed by a fall from the mizen topsail yard of the ship Wood side, of Bolton, at the mouth of tlia Hoogly river, in September Perils or the Exi-ress Conductors.?On Friday last, a clear, sharp cold day, the mail arrived at the Kennebec river, expecting to get a usual pass by the steam ferry boat at Bath. The river was frozen, and the ferry boat did not run. The mail contractor, with the I conductors of Jerome Si Co's Kxpress, and Oilman's Kx | press, attempted to cross the river in a row boat. They had succeeded in slowly making their passage through the ice about half way across tiie liver, when the boat was jammed between two huge cakes of ice, and neaily capsized. The tide being strong at the time, the boat jammed hard and fast in the ice, was carried up the river soma three miles, where she lay from eight o'clock in ! the morning until three o'clock in the afternoon, every | effort being made in the meantime to force her through * the ice by breaking it up at the bow of the boat, until j the three persons wero wet and covered with ice.? Young Mower, of Jerome & Company's Express, tnoke through the. icc into the river, and in I changing his stockings, his boots were so much | frozen as to render it impossible to get them on ? tindmg all efforts to make a passage abortive, the mail contiactor took to the ice, thin as it was, aud crawled or rather slipped his body, over the cracking ice, with the water oozing up about hiin, and thus reached the shore. Young Mower followed, pushing his boots and valise I ahead, and then slipping himself up to them, and at j length gained the shore. The conductor ol Oilman's 1 Kxpress followed. Mower was obliged to walk two miles with only stockings upon his leet, and froze his toes and heels. One loot of the other conductor was frozen. The distance perilously passed upon the ice was a'out a mile, and within five minutes alter they gained the shore, the ice broke uii where they had pass ed, carrying the valises and mail bags down the river, where the boat wan recovered the next day and got on shore.?Bangor Whig, Dec. 19. Managers and Actors.?Now that our orincipal theatres nre doing a succeshful and lucrative business, it seems to us that the limited and un usually low salaries affixed to each particular actor, should be advanced to the corresponding successful exertions of those managers with whom they are engaged. These low salaries were predicated upon the shocking bad business done in our theatres, some two or three years since, when tbe manager unable to tnilil Ins engagement*. The actors, sensibly impressed with this state ol things, readily acquiesced in a reduction of about one half of the sum to be paid them weekly, (and as understood at the time,) during a continuance of bad business only. Notwithstanding, however, the revival in theatri cals,their salaries remain the same; and some of the most useful and deserving members of the pro tession are receiving only about from six to ten dollars per we*k, when in former times these very same " people" were in the receipt of from fifteen to twenty dollars per week. It may be urged upon the part of managers (and actors both) tnat thin is a business in winch they have the only legitimate con*?; trol or government. We contend, however, that the? public have a voice in this matter, for they in one sense visit theatrical performances, as much to display their generous appreciation of the collective merits of the comi?ny, or of some peculiar qualifica tion of some one or more members of the cory* dramatiqHe, as to evince their partiality for the com mendable enterprise of the mantger, or tor the grntiftcationof their own tastes and pleasures. We feel justified in exhibiting our views upon this subject, in behalf of some of the most deserving and established favorites of the public engaged at our principal city theatres, and hope they may pro fit by our gratuitous interference. A. B. Superior Court. Before Chief Justice Jones. Drc.'JJ? John L Gardner, vt Crowtll Smith?The jury in tbis case returned a sealed verdict this morning, for the defendant, assessing the damages at $143 69, and returning tbe value of the ptoperty at $1368. The Prop it vi. French If /Inter ?This suit, brought for a supposed infringement of our license laws, in Im giving n series of ethiDitions at Cattle Oarden the put summer, and hitheito fully repotted by us at gfMt length, at a former tiinl, in which the jury did not agree, was breught tip for a further, and a rouewed invohJga* tion, thin morning. The lestimony produced and the law cited, seemed to resolve all doubts as to pantomimic exhibitions being in no wuy implicated with theatrical entertainments. The Court so charged that the jury, after htn a few minutes absence, returned a verdict for the defendants. This lonf mooted question is, therefore, satislactorily disposed ot Before Judge Oakley. Hnrriion va. Spencer.?Thia libel luit is still profess ing, xnd from iudicationa, will exhaust the entii^wrm of the Court. Court of l'y?*r and IVrinlner. Before Judge Edmonds, Aldermen Vantine mi l Brady. Dm:. -J3.?After the Court was organised this morn inj{, Judge Edmonds briefly churged the Orand Jury, ills Honor said the law required that lie should charge them in reference to several particular offences that are committed in tho community. These were the usury laws, election laws, the sale of lottery tickets, and the erection of wooden house* in the city ; but if ? iy others were brought under their consideration, it would be their duty to pats upon them. Ho told them that u Orand Jury were now In session in tho Court of Gene ral Sessions, and those aud other offences were already brought under their, so that it was scarcely ne ceisary for bim to mike any remark to thorn on the sub ject. An offence, however, htd been committed since that jury were sworn, which it was their duty to exa mine, and it was only necessary for him to call their at tention to that offence. He was not, however, apprised of the fact* of that ca*o ; but they would bo laid before the Jury by the District Attorney ; and it they wished any advice uu that case, or any other matter that might fie brought before them, that officer would give it The following arc the names of the < J rand Jury James Van Nostrand, foreman ; Thos. M. Brower, Robert Buck am. L, S Benedict, James dishing, Philip Embrv. Er nest Kink, Abraham Thornton, Edward Ferris, Wood Ciiloson, John A. Harriott, Peter Hanley, Joseph Jtme son. Odell Lockwpod, Elias P. Mooney, Daniel Martine, William Kenwick, John M. Seaman, Stephen Skidmoie, John P. Truesdell, and Charles Waylett. Triul of William Harper fur yfurd-r.?The prisoner, who is a man of about or 'XI years of age, middle size, with a stolid, vacant countenance, of the lower or der, was anaigned, and pleaded not guilty. The clerk. Mr Vandervoort, read the indictment, containing several counts, each varying slightly fronr* the other, chaiging the prisoner with having, on the Aith of October Inst, in 31st stieet, in the lith ward of the city of New Vork, stabbed John Oeorgn Kimp in the side with a knife, of which wound ne died on the 30th day of the sami month. A jury was then sworn, without much difficulty, and I tho Assistant District Attorney briefly stated the c.ise for the prosecution. He said that George Kimp. the de ceased, was proprietor of a public house on the corner of the 3d Avenue and 31st street. On the evening of 1 the '25th October, a inau entered the bar-room on horse back, and win remonstrated with by Mr. Kemp, after | which he retired?he returned s. on after, and lode into i the bar again, followed by the prisoner. The deceased ? again remonstrated with aim, and while doing so, Kimp ' was struck a violent blow on the temple, which knocked ! him down; he then got up and was again struck on the ' breast by the prisoner, who went outside the door; Kimp j followed him out, and he thon stabbed him with a knife ! in the lower part of the belly, of which he died, on . the 30th of October. The prisoner afterwards made his es cape up tho avenne, but was arretted and brought back; he subsequently made his escape, and was arretted the next day, concealed in an o d bouse on 33.1 street. Mr. Phillips then went on to say that the prisoner had been hear I some time before to say that he would have the life of the Dutchman (meaning the prisoner) before the end of the week. .Mr. Andbhso.v, the su|>erintendant of the Alms house, I was the first witness called for tho prosecution, but did : not answer, and the District Attorney applied for an at i tachment against him, which was granted. | Mis. Aise Kimp examined by the district attorney? Wns the wife of the decea ed; resided at the corner of 31st street and 3d Avenue; went to reside there wbout I two or three we ks before Mr. Kimp's death; kept por ' ter house; her husband was a ship smith; had a shop in i Rector street; the house in 3J Avenue wai a three story house; there was a bar room und back room on the ground floor; there wore two glass windows on the 3d story; when Eastwood first rode his horse into the bar, Mr. Kimp remonstrated, and desired him to take his horse away, Eastwood then went away and came back in half an hour, and again rode into the bar. and said nis ! horse was a circus horse ; Mr. Harp r came back with him, and Kastwood abused Kimp, and said that wlteiever his horse was he should be, and swore lie would lick any man that would touch his noise; he then took oft hiss irt to tight Kimp. Mr. Kim p said he did not wish to be annoyed, nor did he wish to fight, as he was not a fighting man. Harper was setting on a chair, and got up und struck Kimp on the temple, ami rau out the door ; saw hint again in nbout twenty minutes; until I saw him again, my husband did not leave the back room, where he was sitting with Mr. Kendiick and Mr Anderson ; the first thing that attracted my attention ai terwards, was, I heard u noise outside the windows; I looked out, and saw the prisoner; there were others with him ; 1 thought from having seen so many outside, they would break the windows, and went to the door of the back room and told my husband to go out and shut them ; he then went out to shut the shutters, and w t ness followed right behind him ; when Kimp after going out, took hold of the shutters, Harper struck him on the breutt.aud in ubout three iiunutos alter they were clinch ed, Kimp called out to witness, and said ho wa? stubbed; there were no blows passed during tho time they were clinched ; ny husband was standing up at the lime he told me ho was stabbed, and so was Harper. Harper had my husband clinched round the waist at the time ; witness saw the motion of Harper's arm when her hus band was stabbed ; after Harper had stabbed my hus I band, there was u gentleman who keeps a grocery oppo 1 site, asked Kimp what he was struck (or; my husband in answer said, what would he do toa man that would lido ? into his bar on horse back ; he then opened himself j and showed the wound, from which his bowel* protru j dod. Mr. Anderson was the first 1 hat came to her hus band's assistance after ho was stabbed ; at this time, ' Harper had rtrti up the avenue; I run after him with j Kastwood, who went with me ; they caught him about 3 or 4 blocks up the avenue and brought him back ; when we returned I found my husband in the hands ol ? doctor. Harper afterwards escaped, and witness again with two or throe police officors followed and arrested him at his own house ; it wjs between 11 and 12 o'clock when witness's husband went out to shut the windows, i Harper ,-iad not been in the house from June to the night of the 2.'>th October, when my husband was stab bed ; there wag a difficulty between a parcel of rioters, in the, house, in the mouth of June; ; Harper was there, and he then said that bofore two weeks was about, he would have the Dutchman's life, meaning my husband; the day after, Harper camo | to the house and wanted liquor, and witness would not give it ; prisoner then abused me?1 called my hus band, who ordered him out, and Harper again said ho j would have my husband's life before a fortnight. Cronexa/ninrd?Was married in Broome street; her j husband was a ship smith; she hadn't lived in the house, ! at the time of her husband's death, more than a fortnight ?they lived there before, from the month of February to tiie month of July, when thev left and went to H ir | lem. They returned there from Harlem about two weeks J before her husband was stabbed. Is well acquainted with Kastwood: the first time he came that night he was alone; he rode his horse into the bar room. The cross 1 examination of the witness here ceased-the counsellor the. prosecution reserving the right to recall her l)r. Bustkad?Knew John Geo. Kimp; was called ia to see him on the night of the -25th October; he was ly in^on his back in the room, in a state of collapse, from a wound in the left side of the abdomen; it was an inch and a quarter externally, ond passed nbout the samo dis tance obliquely into the cavity of the abdomen; the in testines protruded several inches; we dressed the wound and ordered him to be kept still; saw him next morning; was pretty much in the same state; it was a very dan gorous wound. Saw him the evening previous to his i death; he was then past recovery; was present at the post mortem examination, and think that the wound was the cause of his death. We intimated to him, the day before his death, that the wound was such as he was not likely to recover lrom. At the time Kimp's exami nation was taken, he win perfectly rational; it was tak en en a Sunday morning. Witness told him the Satur day night previous that he was dangerously ill. Creti-fxamined.?Witness gave direction to keep the j patient very still and in a particular position ; wit ness thinks his directions were not complied with; when he next saw him he was sitting up and the bandages par tially loosenod ; from those circumstances ho thinks his directions were not complied with ; thinks that death was produced by internal hemorrhage ; has seen worse cases cured ; a tenction took place two or three days after the wound was given ; there was a possibility of his recovery, but the chances weie against mm ; there was uo considerable external bleeding ; theie might be little external oozing of the blood. Direct examination resumi d.?Made the post mortem e1 - j amination with Dr. Cooper ; he died from a strangulation of the intestinos, although they were not wounded; but a wound in tbe abdomen is alway s dangerous. At thiaatage of the proceedings,tho court took a recess until half-past 4 o'clock. Evcnmo SESSION. Cr0it*seamination of Mri. Kimp returned ?Her house was on the south-westerly side el the avenue; the door opening on the street was near the bar; when I said we kept a public house, 1 meant that we kept lodgers and sold liquor ;there were no lodgers in the house at i he time; I was ia the ha< when Eastwood rode into the bar room; tbe color of the horse he rode was black, he was not at tho house bef le that evening; there was no person with him at the time; after he came in he got off the horse's back, and draok at the bar; he did not treat any one else; my husband ordered the horse out; he then went away and o-me buck in half an hour; Kenrick and Harpei came back with him the second time; when he first came in and alit, ho again gave the horse a cut of the whip to make h m show his points?the second time there was treating betw een tho persons then in the bar, and Har per was asked to sing?there was no dispute between kimp and the prisoner, until the prisoner struck him?it was the second time that Kastwood come to the house that he took off his rhirt to fight?the first blow that | prisonergave her husband was with his fist ? there was , about fifteen or twenty minutes between thejtime of giv- i ing the tirst blow and the time her husband was stabbed ' ?Harper was outside at the windows all the time?wit- I ness cannot tell how many persons were there at the time?after her husband was stabbed, the prisoner ran up the avenue, followed by witness-she caught him about four blocks from the house-he resisted being takon. Direct examination returned.? Had a conversation with her hu.-band previous tu his death ; she knew from that conversation he was fully aware of h>s ?ituatioir ho desired witness to send for her mother, which she did, and then requested her mother to take care of his child. Justice Roome, examined.?Is a police magisttate;was called on the morning of the 20th to go and take the de ceased's deposition; went and had a conversation with the deceased, in which he stated that ho was in a very dangerous condition ; he was told so by the physician, ami from the nature of the wound and tbe pain he was in, he said he hail no hope'of his recovery ; he was peifectly saue at the time; witness then pro ceeded to take his deposition; his wife, Mr. Oeorge An derson, the prisoner, and several others were present ; witness stated to the prisoner that hi* was then a^otit to take the examination of the wounded man. who had charged him, the prisoner, with inflicting tho wound, and that as soon as ne had done with the direct examina tion, he,.the prisoner, might put any question he wished | to him; the prisoner laid, very wall, but put no question to him ; there wan a subsequent examination l>y the co roner, when Mr. barr, ttie prisoner's counsel, wan pre sent ami cross-examined Kimp and the other witnesses at great length. \. B. Mowtfobd, examined-Reduced the deposition now produced, to writing; it is precisely in the name itute no<v that it was then : had a conversation with the deceased previous to his death ; when the queation wan put to him by Justice Roome, relative to his situation, beard him say, in substance, that he could not recover ; he was told so by the physician ; he was perfectly sane at the time ; the pantaloons now produced are the panta loons mentioned in the deposition, and were exhibited at tln< time of taking it. Kdmuhd <i. IIawsoi, Oitjr Coroner, examined.?M i le an ante mortem examination; the prisoner tin I Inscnun sel wore present; the deposition was again road over, and Kirau wni re-sworn and iross-oxaminiid by Mr. On at great length ; the deposition now produced is tin one taken ; there were other persons sworn at the time and cross-cxamined by Mr. Durr. The deposition taken a' the antr murium examination wiu; read, and confirmed the testimony of ,Vlrn. Kimp. The testimony ot J ustico Roome and others attache 1 to the polic will t<iven hi. The pantaloons worn by the deceased at the time, and the coat, p int doon* and shirt wo-n hy the prisoner were exhibited to the Jury. Thi pantaloons had a cut made by a knil'e ; the prisoner's coat h id blood on the right sleeve and breast; the shir4 U?o had blood on the breast, and the pantaloons had blood on the rijrht side. Police officer Psrhinic testified that he arreste 1 tha pri soner at his own house , his wife came to tiie door, and, in answer to his inquiry, sai l her husband was within : when Perrine went in, ho fouad Harper engaged in washing the bloed ot) Ins face there appeared to be a mark over his eye, and his face was bloody ; took him to Kimp's houeo : prisoner looked at (he wouud. and turned round aud said be must have something to drink , ongoing to the station house at Jefl'irson Market, the ofllror asked Harper how he came to do it: when the prisoner replied there wm an old grudge between them. J. C. Anl)t*40x sworn?Is sui*erintemlent of the out door poor ; knew the late John (feorge Kimp ; was at bis house the night he was stabbed, and remained thore all night; when witness first went in, there was a mixed company there ; there was some littlo drinking ; shortly 1 after witness went in, Eastwood came there and rode his 1 black horse into the bar room ; Mr. Kimp several times i requested him to take his horse outside the door, and he did so ; thinks he came in with the horse three time*; I saw Harper there ; be came in company with Bast wood ; Kimp was eating some oysters at the time : Eastwood k sited witness if he wished to hear a good 1 Hong, as Harper could sing i. : witness said it was late, and it was time for them all to go home. East wood, however, insisted upon having tbe song, i and Harper suni; two or three. Eastwood drove in i his horse again, and Kimp remonstrated, and said if he wished to put liim in the stable he would be taken care i of, but he should not be in the bar room ; the horse wat ! then taken out, an I shortly after witness heard Kimp say, " Bill Harper,why do you strike me?" Witness wai at this ti ne in the back room, and got up and came out, and saw Kimp and Harper, and two or three others, go out towards the stoop Kimp returnod, and he said he wished such people would never come to his house ; in about fifteen or twenty minutes, Kimp and his win went out to close the window shutt?rs ; Mrs. Kimj immedi 1 itcly returnee!, and said that George was staobed ; he then went out ami lound Kimp on the side walk, and ask od him who done it; he ?aid, " Bill Harper,and asked me to hold him or he'd fall Harperimm diately passed by, and Kimp recognised him, and said, " there is tlie dain scoundrel that done it; let me fall, and follow him " j \lis. Kimp and some others followed him and arrested him ; witness then took Kimp into the bouse and went for a physician. The witness was cross examined at great length, hut nothing to shake his direct testimony was I elicited. The case for the prosecution was closed with the testimony of this witness. ' Mr. B?.i chef briefly opened for the defence . Ha did not deny the killing of Kimp, but ho said he would sat j istactonly show to tho court and juiy that the prisoner did it in his own defence ; he would also show that thu ; deceased was a man of herculean stiength, and was at ttie tiino of the affray rushing it tbe prisoner, and that to save himself from the deceased, he gave the stab, which ended so fatally. Mr. Belcher continued at soae length to state the law applicable to cases of the kind now under consideration, and concluded, by insisting t'iat the jury could not come to any other conclusion than that it was justifiable homicide or chance medley. John Mason, txaminrd for thr. Prftnce.? Knew the de ceased; knew bis house; knows the prisoner; saw him on the night of the 26th of October last, standing on Kimp's stoop in tbe 3d avenue; did not see Kimp there; spoke to Harper; saw Mr. and Mrs Kimp come Irom the corner of the bouse; Mrs Kimp said to her husband, '? that's the one now, you ought to lick him?and if j ou 1 don't, you ought to be licked y jurself." Kimp then went to beat Harper; Mrs Kimp catclied him by the hair i of the bead, and dragged him backwards on tbe side - I walk; Kimp thon beat him while be wa? down Shortly i after Kimp went on the stoop, and said he was stabbed; Harper was then lying on the walk; he afterwards ran up th o avenue, followed by Mrs. K imp and Eastwood, ' who brought him back. i Crojt-? j amintd ?Is a block and pump maker; does not work regulaily at it , has not done any thing for tbe last three months; had a little falling out with his boss; might go io work il he liked; has no property but what he earns by his daily labor; knows Harper for a long while; wenttoseehim in prison, because he knew him: pri soner's lawyer culled on witness, and had a converse 1 tion wi h him. Tbe remainder of the cross examina ion was of no importance. After it was finished, the court adjourned to hall past 10 o'clock this morning. In the sitting of the court yesterday morning, tho Dis trict Attorney handed up tho Cummercial Jldverliier to the court, anil called the attention of Ju^ge Edmonds to an article in that paper. After some private conversa tion between them, the motter was dropped. Tho Judge, when the court was about taking a recess, again alluded to the subject, animadverting with great severity on the | article in that paper, as calc dated to mislead the publio mind, and in some measure to frustrate the ends of pub. [ lie justice. Ill Cluincery. Before Vice Chancellor M'Coud. , Die. 23?Divisions.? Mary Jinn J'Jruen vi. Qeorge W. ! Brum.?This case came up on demurrer, which wa* overruled by the Collet, wuh accompanying costi?the defendant having 20 days to reply. Charlts Wilkes rj Uiorge Wilkes?This case was like ; wise brought up on demurrer, to a bill filed in order to compel the do endaut to give up the possession of a me morandum, given by the complainant to Horatio Wilkes. The Court submitted that the defendant was entitled to I possession of that bill: therefore, the demurrer is well wken, and the bill denied with costs. John Hewitt tt uti rj. Cliarits and George Beldin?This wuh uu application for costs in a bill of discovery, filed by Hew itt. Tho Court state that this is not a case in which the complainants are of right excused from pay ( ing the defendants their costs, and so dw ermined. The Snarly for th< iJijiusinji of Useful Knowledge is. ? James Harper et als.?This case, brought up on excep I tions to the molar's report, which report being confirm . ed. the exceptions were of course overruled. Hubert Buchan rs. Palmer Sumner.? In this case one ! Peter Nay lor obtained a judgment in the Superior Court against the defendant in this suit, which one of the offi cers of the county clerk docketed Sumner Palmer, instead of Palmer Sumner, and on that ground, the complainant, who is alio a judgment creditor, insists upon a priority. His Honor felt himself bound to give effect to the judg ment, the error having been the act of a public officer, and not by the defendant, his attorney, or solicitor. The complainant is, therefore, entitled to the priority. J?hn Turner ex rel, <J-c. cs. Jamet Zeiss et als.?Thia case is one'regarding tome surplus moneys claimed by I different parties and came up on exceptions to a mas I tor's report. The first exception was overruled, and the | clerk directed to pay over the money. The exception I made by Vultee, as receiver was tenable, and must be sustained, as in the opinion of the Court, the judgment obtained by Marsh, was entitled to be paid out of the surplus fund | Jtinns W. Qates vs. Mary Smith.? In this case, the Court ordered that the parties unite in an agreement, to enable the master to settle with the insurance company . and when the money was in Court, under the report of the master, th - rights of the parties may be determined. Benj. H'nghtvs. Ezra IK. MtlUr.?This was an appli cation for a receiver as by will, and tiie decree of th* Assistant Vice Chancellor. But his Honor said (to could not entertain the right of the application, and it, there fore, must be denied with liberty to resume it. <'amnion Plena. Before Judge Ulshovffer. Dac. ? Valentine Koon vs. Palmer Craiy ?Tbii was an action to recover damages for assault anil bat tery. The plaintiff1 is a hoot and shoemaker , and the de fendant is second engineer on board the steam oat Em pire It appeared the plaintiff' made a pair of boots lor the defendant, and in sometime after called at the boat for payment Some altercation arose between them, and plaintiff tnreateued to complain to the captain, where upon the defendant struck him several blows, injuring turn very severely Theio was no defence, and the jury found a verdict for tho p Unit iff for $100. For plaintiff, Peter Wilson. Conly vs. Lewis ? In this case, the jury rendered a verdict for Mi 48. iu favor of the plaintiff. Francis Lotty and wife vs. John Bl'ter and hi* wfe.? This uas an action for a<sault and battery?the parties reside in the same house in Kast Bro.idway It appear* that som" difficulty aiose between the partie* in June last, and the plaintiff and his wile went up stairs to the defendant's room, and a muss was the consequence. Mra. Blever throw dirty water on Mr. and Mrs Lotty, and a general melee occurred, and it was alleged that Mrs. Lotty was badly injured in the affray, l he defendant pleaded no guilty, and the jury brought in a veidict, sis cents damages and six cents costs. Kor plaintiff', H. P B<rber ; for defendant, Mr. McGay. ?larlnc Court. Ilefoie Judge Smith. Due. 38. ~ Bevj Coffin, by his mx' fiirnd. jllanson A'ash, vs. Joseph Hampton.?-The complainant in tlii< suit brings an action o iticovur on. hundred dollars for his serv ces on board schooner " Nile." which sailed front Honduras for this port soaie months since. Tho delence contends thnt this comple!nant (* coloi ed boy ol about fifteen ycar? of ago ) ? a* to receive no conside lation bejoini iiu " mess-bill,''and | as? go te tho United Siatea ?that he was but a supernumerary on boaid his vessel, confined to no " wa'ch," and that what little duty lie perioimed was of his own ftee will and choice. The boy also, from ids own nd mssions to some two or three ol the crew, acknowledged that he was not to receive any thing for his services beyond the consideration above lelurred to. Decision to morrow. Court Calendar-l'hl? I lay. 8tr>:aio* Corer. ? Nos. 2<J, Hi, ha, , 1, 7/1, 7fl, 70, xn. 70, 90, l?, <17,SO, 6, 96, 63, 10H, 4i, 171, 17^. M, 100, M, *1

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