Newspaper of The New York Herald, September 11, 1846, Page 1

Newspaper of The New York Herald dated September 11, 1846 Page 1
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I. TH] Vol. Ill, No. Mo. N*w Haven, Sept. ith. 184?. fracetjingi / the Jlwuric on Beard aj Foreign Mittioni. AccorJiug to a resolution pasted at the Convention at Brooklyn 1 a>t year, the annual meeting of the Amaricau Board of Foreign Missions is held in this place tha present season ,and of courao tha influx of strangers is very great. From New York a clergyman is present from almost every town, tLa greater ptrt of whom came up i on the steam boot Rip Van Winkle, Captain Knight, which was especially chartered for the occasion. On board tbls boat we found collected fire or nix hundred clergymen of all denomination, and a sprinkling of the laity Through the kindness of Captain Knight, who rendered everything on beard his excellent boat conducive to the comfort of hit guests, arrangements were made for the holding of a missionary meeting on I hoard ttie boat. The Rev. Dr. Woods, President ot An.ioTcr College, presided, and opened the meeting with a . brief and pertinent address. Or. Scud.ler, missionary', jollowod in prayer. Kathor Sow ell, of Maine, who is now in his ti'ld rear, though ns halo and hearty as a man of 40, then made a few remarks. Mr. Spalding, missicnary in Ceylon related many facta concerning the success of < h-istian labor abroad; and after a prayer by Dr. l.indslov, President of Marietta College, Ohio, the meeting was closed with the tinging of the UTtli Psalm Kv th* time these exeicises were concluded, New llaven was near at hand, and, on the arrival of the boat, immediate evidence was given of good old Yankee hospitality in tlie readiness with which the doors of every house were thrown open for the reception of strangeis Hardly a building but lias its full complement of clergy picketed wrhin its walls. The members of the board, corporate and honorary, met at 4 P. M. at the Central church, the lower part of wh>ch was occupied by the clergy and laity, and tbe gal leries by a concourse of as radicnt beauty ai Mahomet taught his followers to believe would welcome them to Paradise. In the absence ol the Preaident, Theodore Krelinghuvsen, the meeting was called to order by Chief Justice Williams, of Hartford, 1st Vico President of the Board. Prayer was offered by the Rev. Dr. Vale. Bv request of Judge Williams, and on a motion of a member, Rev. E. t>e> mour, of Blooinfiwld, N J , was appointed nsairtant Recording Secretary. The minutes of tbe last meeting were then read, during which tbe names of the members prerent and lesidence* were collected. (These names, or all those of note among them, will be given tomorrow ) The committee of arrdngementa was then announced, composed of Dra. uoodricli, Aimstrong and Bacon. and Rev. Messrs. t:jevelaud, Duttoq, Uriggs and Strung. Dr. Anderson, of Boston, oue of the Society'* Secretaries, proposed the spending of a ?hort icaion in prayer: and, after tbe kinging the 44,-lih hymn, to the good old tuna of 8t Martin'*, the venerable father Seweil, of Maine, addressed the throne of grace " Oh, Lord, we udore thee, omnipotent ruler of the universe and creator of the world ; we adore thee that thou bast preserved us and hel|>ed ui; thou first diiUt make us able worthily to bleu thee, but by sin we have fallen, and rendered us liable to thy curse ; yet thou hast preserved us and kept u?, though being all of the same nature, so <ie?perately wicked, thou in justice miglithavo delivered us over to destruction. That thou hast saved us wo know, and we bios* thy holy naino : we bless thee for the news of salvation ; we bless thee for the means given us to send such news abroad ; and wo Moss thee tor out success. Our labor* have been prosperous through ihy great mercy, and we meot again to adore thee and ian ploie thy aid" Dr Anderson then made a few remark*. and stated that tbe meeting was now ope a to tbe exhortation* of any one present who would like to oiler any remark* The Rev. Dr. Allen, formerly President ef Bruuswick College, Maine, sOaW that twenty-lira years since be atteuued the firat meeting of tbe Ameiioan Board of Mission*. and that then l'J pei son* were present, representing all tbose interested in tbe matter; not as now, were there 6,000 honorary aud corporate members. Of tbose 13 lour are now living? of those deceased the Rev. Dr. Proudfit was one. He with tbe Speaker, at their flnt meeting, camqporly, and found themselves alone together?no one else was pros ent; the two knelt down and invoked the blessing of GoJ upon the success of their labors?thin was tbe prepar lory meeting. Dr. Edwards, of Andover, sabbath school missionary, then related an anecdote relative to the cflle?cy of piayer. The boat that bore the remain* of tho same Dr. Proudfit to bis family, struck upon a rock in tho river, and there was imminent dinger er sinking -a jiropoti'l.m wit msie tor praj er, and over the cold remains of the lespected tioctor, prayer was odcreil up to Him who "holrtelh tbe waters in tbo hollow of his hand " Tho ap jx>al was hoard, and salety was secured to all. Father Mr well, ot Maine, oom ma testimonv to me enicacy uuJ < duty of, on all occasions, turuing petitions to OoJ. Truat in liim and be gives everlasting strength?all depends ?l>on him. and without Him angels avail not. The venerable speaker gave several illustrations oI the immediate good effect* fioin prayer, and in telling of one good mother,who l>y prayer, caused the conversion of her ion; appenled to the hundred* present to join their appeals and petitions for the conversion of the heathen. Prayer vas then offered by Dr. Edwards; and alter the singing ol the 595th hymn, tlie Treasurer's Report for the last year was read by Henry Hill, Esq , of Boston, Treasurer. Ak soon as the reading commenced, the bouse was cleared as quick as the House of Rouresontatives upon the rising of a prosy member to speak upon a prosy subject, l'erliaps the members ef the Board were modest, and did sot wish the details of their work given in dollars and cents. The receipts of the Board for the yoar ending July 31, 1816. were? $363,073 05 Expenditures for the same tinie 367,60.> 33 Showing an excess of receipts of $4,468 33 On 1st Augcst, 1845, there was a balance la the treasury of 17,395 89 i Showing balance on hand Aug 1,1846. of. . . $31,764 31 Of the receipts thus reported. $195,308 37 were from donations,and $63,436 09 from legacies, of which $40,000 was the liequest of one deceated friend, the late Mr. Waldo, of Massachasetts. In additioa to this amount, the Board has received from the American Bible Society $4,000 00 American 'lraot Society 7,5<iO 00 $11,500 00 | rne report was oruere<l to tie printed, and relerreit to a committee composed of Mr. Peril, Dr. Smith. Memr* I Hornet Maiden, Fairbanks, and Kay. After n statement ! made by Prof. Goodrich, the meeting wan adjourned till P M , when -ho annual sermon would tie preached hj l?r. Hawes, of Hartford, according to the appointment ol last year, aud if iiii hoalth permitted, would he repeated by Ui. Hawti on tlu> succeeding evening, inasmuch as no edifice in town would accommodate the crowd* deal reus to hear him. Evr.wiifc. srssio*?tcmdav. The Board met according to adjournment, at 7?t P. M., in ihc Centre church; IN on our arrival there we found the audience more densely packed than we ever raw one before, even at commencement, or a Tammany Hall meeting The galleries were particularly appropriated 10 ladies, and as ever ia the case when they come together '.a New Haven, a thousand baauties are aeeu, sufficient to warm the heart of an anchorite. After a nio?t-excellent piece of mn tic by the choir, under the direction of J. M Hubbard, prayer waa ottered by the Rev. Dr. Deman, of Troy. Dr. Ilawes took for the tubject mbtterof hii discourse the ver?e of scripture found in the 7th chapter, First Samuel, lith verse " Hitherto bath the Lord helpod u?." The Doctor commenced by stating that St> years ago on the fifth September, five giave and venerable men met in the parlor of a house in Connecticut; and that these five men composed tho American Hoard of Foreign Mission r, appointed by the religious associations of Ma??achusctts ; but little interest wa? then felt in the community in the acts of these men, three of whom were frum Mawsachustts and two from Connecticut. Tneio was no spirit alive, no funds to u?o, no missionaries at woik. and all looked dark and gloomy, but liko the disciples01'Christ, a strong hand guided them, aud tha light of Christ waa their leader ; they were strung in the cause without meana, ?nd mighty in faith where God's work was concerned. The proacher t.ei e commenced a reviewal 01 the ends attained, and the good effected by the exertions of theae few pioneers of the gospel; he showed that however weak ceitain measures might seem to men, yet God has mado them workers of saivatjon to tliousands; that he has opened the eves nf the blind, and made the deaf to hear ; that in whatever light we may rev-ew j the court* of the Missionary Hoard, ho could truly say that ' Hithcrio haa God helped us.** First in the enlargement of accessible fields for mis- I lionary effort*. Thirty aix years ago there ware hut few I nventicv open to the rQ'orU of rolorm. Chilis was sealed to all endeavors tor tho e ntrance of Christian labor ; and Africa ?u covered with a cloud of dense darknex Hindustan look>"l than with a jealoua eye upon every approach of a soldier of the ciou, and absolutely icfused pcrntii?iou lor an American minister to commence the , good work: even at Bombay he wan allowed to remain on mere rufl'oranca. Now all i* changed Instead of asking wliero there are aventiei open, it ia liard to discover a land wher? they ere not: the world ii ottr field China, with tier population of three L?n rat and Any millions. is by a dtcren of the i Lmperor free to too labor ol missionaries. Hindotssn r witn lur I4'),0U0 000; the Islands of Pacific, Australia, Turkey,now all are willing and anxious for Christian , light. Kvea among the Mutammedons, the Armenian' a.e now secured in religious fr'Hom Thus (tod h . been all over the world in the conquest o: nation*, a .all I of a million of people are open to tho ac,ce??es ol i hris. i tinn grace ; all barriers have bean removed ; and tbe Lord ha* made even the acta of commerce and national i policy subservient to hia cauaa. Consuls and agent* have l had their efTeet, and tbe iwonl h?? cleared the way upon which the guipel haa afterwards been borne t Second ? Ood hiith hitherto helped u< in the increase of missionary ipirit. The Northern portions ol our coun- 1 try were planted by thote who came as missionaries of religion and lieodom to a strange land, and (hat same I feeling waich induced our forefathers to brave tho !>?rila ol the West, still Uvea and increa e? iu the hearts ol their i children. Such men aa Treat, Brainetd and Mai hew I wpi? the founders of Home Missions, and aftur these had * been in ahort operation, a ay mpatliy arose for the heathen I in toreigii ; but many good men opposed the send- t Irg a teacher of the gospel away Irom huim-, on grounds ol its impracticability and uaelesaneaa. However, tho board concluded to venture upon one mission, and aciually sent to London to aee it any help there could be obtained lor his support and salety. From this mission arose thfc organization of the present boaid in wnich tha whole ( iniMiau world is interested, so much ao iudeed, j tha no one can be in reality a Christian unless he wil | lingly lentis a hand to the evangelical spirit ol the day , wlii.-n bids them preach (rod's word to every living , creatuia , and thia is the spirit which gives birth to tbe ] idhiiv lienevulent societies ol the day. Some years ago, i , in London, tho Hinds upon which a Baptist mission was , foundod amounted to *13 J* fid, this rote to ?1*00, and , it was hopod by tha moot sanguine friends of tbe Socie- . ty that eventually ?ft,0G<) might be obtained. Their an- , dual income ia uow <M,0V0 annually ; that of the Loo- , I E NE NE1 don Society ?40.000; and of tha British Wealeyan i'100,- I 000; all collected aud expended for miatian* among the heathen ; in fact, $*}..'>00.000 are probably now annually giran for tba diaaemiuating of the goaptl among the dark placei of the earth. Third, God hath helped u? in tba wine and mcroRiful manner in which tho concerna of the Society have been Conducted The R?-v. Doctor claimed for tba former and present o(ilce>* r>f tlirt Boird <ia much in'elligence aijd noi ih hi could he expected from men who aro not infallible ; for huiin u r?, a' .tiea and zeal in tb?ir work they had acted aa good mewar'a. as men who felt their reaponsinility to God , Uiey preyed to hiui for aid, and | received it from hia hountilul providence Konitu, Hitherto God hnth helped na in r*i?ing up faithful and able miaaionariea Young men highly diatinguiahed for latent ami mholnrahip at homo, have given up all advanUgua ut homo and ma>!? all aacriflcea for the aake of diaseminating the bleaaed light of Chriatiaoj ity among the far lands of tho earth Some hava died, away from home and kindred, aud their bones are bleachi ing on tho hot plaina of Africa or Ailu, while those llv ing undergo ol! toili and privations for the Hake of that Saviour who endured all for them. Th" missionaries, too, had worked with one hnart, and no feelings of con' troversy or sectarian prejwdico had ever lor ? moment interrupted the good work, whether among committee* or conventions here, 01 among their agents in i'oielgn land! The Speaker next proceeded to mm t:p some of tho f;ood results accruing from tho labor* in which UoJ hath ent a helping hand. After year* jf trouble, fourteen of the heathen languages had been reduced to writing; where, ten \ears ago, there were hut 2,000, there are now 34,000 tnembrri of mission churoho? ; nor the growth of churches abroid slop thern, but they affect tne teolmg of tho c..?uiniunity at hom>) ? instead of 4 missionaries a few j ears n^o theie ?re now 134, and including native teachers und female uiutauti number 494; one mi-Monary station hat !>? a increased to 93; 23 lar.gmi^es have been learnt and inter; reted, ! seminaiiet been fouuded for the education of t?aelie?s; 36,000 children have been instructed, and an enmty tiessury has been chutiged into the receipt of $.VtO,OOi>d tear; these a.e ioni? of the results of the efforts ot the American Board of Foreign Missions. Dr Hawes cenclu led hi* discourse l?v sta.ii'f? what lesrons tna\ b.i gathered from a review of tin; l < n:es* in which "the Lord has hitherto helpe<l u.< *' 1 at i letsouoi gratitude may be learnt; ol gratitule to th.?t God w ho has led on christians in the work of the regenc <tion of mankind; and let all feelings of c.onxure an-1 iaoit finding bo done away with, as Gamaliel said to his friends. "R^frs.n ami lot taese men alone: if tiieir won* I be of iren it will come to nought, bat if of heaven y cannot overcome le.t haply ye bj found able to eouten agutust God." 2d. A lessor is taught of duty. Tae help UoJ has given places new du'ies upon those whom no has assisted; tho seed has been planted, and it now behoves the christian world to euter in and reap tho harvest. 3d. A lesson of godly fear, and of holv jealousy, lest we act in a way to turn away God's hand from helpi'jg us in fmture, is taught by the reception of his aid 'nerctoforo. The Rev. Doctor after speaking of the en, couirtgenient and hope in regard to the missionary labors in future, and urging christians on in their work, closed his remarks, which though extended were listened to with intense interest by tho crowd present. and we regret that this hurried digest is all tune allows us to seud. At the conclusion of the address, prayer was offered by Or. Ta) lor, of Bergen, New Jersey, a hymn sunt. benediction nronounoed by Dr. (ioman, and the meeting adjourned till 9, A. M ou Wednesday. State Constitutional Convention, Sept. 9 ? Mr Ho cliki** presented a memorial from Wurren county, for the establishment of free schools. Be fened. Mr. Bruce presented memorial from Madison county, for the completion of the unfinished public works. Referred. Mr. 8wackhamer ottered the foliowftcsolveJ, That constitutional provision should he m? '? against the sacrilegious disinterment of the remains of the dead, and for the protection of burying places from the interference of incorporated societies, municipal in corp nations and individuals, without the consent of the urviviug relative* interested therein. Referred. The Convention then proceeded further to consider the report on the judiciary. Mr. Loomis offered the following section The legislature may provide for local officers to dis rhnrge the duties of judge and of surrogate incase ofthei'' inability or of a vacancy, and with such other powers in special cases as mav be provided by law. Mr. lUwLir moved to strike out the last clause ol the section ; lost. Mr. Chatfield moved to amend by restricting the number of officers to two; lost lly cousen' ol the ( onvnntion this vote was reconsidered, and the amendment of Mr. Chatfield was agreed to. Mr Patter son moved to amend tiie section so as to provide for the election of these officers. Mr. Danforth moved further to amend so that the section would read : ? " The Legislature may on the application of the board of supervisors, Slc m This amendment was agreed to. Mr. Jordon moved the following as a substitute lor the section The legislature ntav tirovide fur th? nlwiim, ?f <-?nn. ty commT*?ionen. jnot exceeding two in any county, with powers to perform the duties of the Juitice of the supreme court or county judge at chambers, and to discharge the duties of a county judge and suriogate in case of the absence or inability of such judge or surrogate and in cases of t acancy in said office. Mr. Townskko mov ed to amend the substitute by conferring on the justicnt of the peace special judicial uowera, to be exercised in the absence ur inability of the county judge or surrogate Previous question moved Mr. Townsend's amendment lost, 71 to 13, and Mr. Jordan's substitute, 46 to 44. Mr. Looinis' section, as amended, vat agreed to, M to 38. Mr. Korsyth laid on the table a motion to reconsider. Mr. Richmond moved the reconsideration of tne vats rejecting tne section to compel parties in suits to contnbuto towards the expenses ot adm nisteiing jus'ice The vote was reconsidered, and then the section again reject ed, 53 to 41. Mr. O'Conor moved the following section :? The legislature may authori7e the judgment, decree and decision of a?y local inferior courtol orixiual civil jurisdiction, established in a city, to i>e removed for review directly into th? court of appeals. Mr Vsti SrHooisfiuTicri mnred to strikeout the word " established in a city "?and subsequently varied it so as to add after the ww.rd city, ' and of any county court.' Lost; and Mr. O'Conor'* amendment was adopted, 40 to 31 ?Mr Townsend then oflbred the following additional section : ? " ?? Remedies existing at the period when a contract is made, shall not be disturbed or impaired by subsequent le)t i'lMion " This proposition was debated until two o'clock, when Mr Haficom moved its reference to the committee on laud tenures. No question. Recess. Afterhoo* Skssiok.?The proposition offered by Mr. Townsend was referred, on motion of Mr. O'Conor, to the committee ou the rights and privileges of citizens. 44 to 31. Mr. Waterbury proposed a section providing tbat every qualified elecyjr shall be eligible to every judicial office?which, by consent, was laid on (he table.? The report of the judiciary committee, prescribing the time of organizing the new court, the manner of trnn? farring the I usiness from the eld to the new coui ts, (cc . j was then taken up aod discussed under variou* propoti tlons to amend, by Messrs. Worsen, Chatfleld. I,oomi? and Bafconi. The result was that the first section wst adopted without amendment. Adjourned ?JiUany Argut FtHTHKR PARTICULAR* OK TUB FlRE IN A 1.11 .NY ?Out c.'y vva-i visttt-d lP*t rxjqlit with th? timidcstrnctive fne that has occurred j.ince the ext. out of 1?38 It broke out abou'half past 9 P M in the ol>. and well known Brewery establishment of 11 Boyd u. Co , but more recently occu pica! and conducted by ! muol Wes'.cott. Adjoining the Breweiy was the Ma.t House, tun two making > bniluoig of tome two hundro or more teet front on Kianklm and Arch street* The Raines upread with almost inconceivable rapidity ovei the whole establishment. The wind Mow quite a galifrom tho Northwest, raining great danger to the build inn* south of Arch street. By great exertion*, howr ver, of our tlrcmea, who never worked better or with more spirit, ami the occupants, the fire wai prevented from crossing Arch street The Brewery and Malthouse were entirely consumed; nn?i here, at one time, it waj thought the flames would he stopped But, unfor tunately, (he north end being in close pioximity to the rear buildings of the xineial Spring Oarilen, the Aaines caught therein, and then spread hs if running over dry tinder, in a few minutes sweeping the Garden of ita shrubbery, refreshment rooms. 4cc , as clean as the paved street The 8re then extended through to the row of dwelling house* on Oreen street, destroying all , except the corner buildings on Ferry and Arch streets; these, by great exertions, were saved. By this calamity, a score of poor (amities were turned into the street with scarce a moment's wnrning Most of their little array of household goods were removed iu time The following i? as accurate an account of the loss sustained as could be obtained : ? Brewery on the corner of franklin and Arch street*, owned by Robert Boyd, and ocrnpted by Hamvel Westsntt Building inanred for $10.000?conteut* $1".W0. which will aMoiit cover the loaa, Tiie malt house adjoining, on Arch atreet, owwed by Haw' lorn Mct ulloch?insured $4 000 T^.HKtory brick dwelling. No. 76 Areh street. and a iraintt nuiKiing in we rear, owned by Joiin Th?ma??inlured for f>t 200 ; not 1'ifDcientto rover Tom Krame building in tie roar of 7? Arch *treet, owned ind ore it pwd by P. Lynch a* a cabinet mukir'i ahop?no Insirnnre. Two-*tory brick dwelling. No 166 Grccai street, owni>, by A. 0. L Whipple?no insurance Two two-story fiame dwelling*, No*. 1ST and 1S9 Oro^n *trcet, owned by W. Hwccny?in*u red $1,300. Two liko building* adjoining. No*. 101 ajui lo3, owsed by F Flanulgaa?iusuted $1,100. Two-story brick dwellings, No*. 40 and 48 Ferry street, owned by A. D L. Whipple, alitfhlly injuredinsured $l,O0O each. Bakc-bou*e In the rear of No. 60 Ferrer atneat, owned by J Tboma*, and occupied by Isaac Kpeler- no intur a nee?Jllhany Journal. Srpt (> Yru.ow Fkvkr r? N?w Orleans.?4*inc? the pnbl cation of the leportot the Hoard of Health, ud our rcmaik* relative to the health of th? city, in yeatrrdfiy'p Hieayunr we have learned that one ca?e of yellow fever ha* made it* appearance It wns not of ?uch i character, however, aa should create any ai?rm or rear of an epidemic, aa there i* nothing to indicate that this i* anything more than a solitary ease It wa* ported nbont town yesterday that there wore two case* > it the I haiity Hoapltal. and in order to nscartaia beyond i doubt that soch waa the caae. we ctueetf Inquiry to he made at that Institution, and learn ihat t'aere tea been we confirmed caae A German named< Victor Horan waa admitted on Saturday, the i?th ill*., with all the M~u'M-1 w ? o . . W YORK, FBIDAY MOR] Trial of Mprncer for (fc? Murder of hli Wlfr lit Jertry City. coi'RT op orrn and rUMiiti, nuvtnt c?. w. J. Before thief Justice Homblower, end Justices John Tonneil, Junr., James McDonnell, John (iriAths, John ll.Speer, anil DaKay . TgtID Dtr. Tho ?'ourt met at 9# ftfclock It was crowded in the cour?rt of the day Tne pii?oner took hif )>Ure 'ie'. hi'counsel. Hit father sat with him Tne t)i?TBicr Attoh ?tT b'i.Ti opened <ba ca?e.? He said ho ?Uould c iili i# him e f t j t simple statement of f-tcta, ao<l no' a ui;<( -J|e wu it aort of 'efeoce would he set up. The pary ti-Nl a^ou ;.*.) wits b mod by the cloieat net that eilst, Diutely, that of man and wife The lady who wai murdered and wile to the prisoner, was Mita \Ueline Dolbins She vr^i tira' m.-i in Colnm. bin, Ohio, by Spencer thif pruouer. they wore ?ub?e<|uentl> married at 'levaljnd ia Ohio. on tiie-.'Stli of , April, lati. They tuWipiontlr went to Sud'alo and *eparated. they agn n jjtn*d etch other at Deiww, after i they again Joiiii.l together >* went to Ohio, leav- i Ing hii wife with iter in oilier; the mother and wito tub- . kequently came to Jertey i ity, ami leaiaiiied there until Spencer joined them ni,iiin >u Juno, 184A it was not his I intention to *ay lio v tney liVed during tUi? time i buy again left Jertey eny m l on the 3d ol luue I1M6, they 1 returned to uie moiheiJ? .e<i ?iee again in Jersey city; | aud while there, during Uii. letter pen jJ, the) lived n h < very unhappy manner; riptnoer, during tlua peiiod, kept a piitoi with hiib, anil used frequently threatening Ian guage toward* his * lie. and ?ru* alio frequently in the habit of melting bullet*, and than threatened hia wife ami hermithet ; Una vioieut rouduot obliged the family and wife '.0 bind linn ovti over to *eep the poace, on the id ot Jul- . oftei thi< iie became a different ?ort of pcraon. and behave 1 belter, but agxiit he became violent, and they would be aole to ahow that after he woa thus bound over, lie pinched Ink wile and tor* her hair. On the I4?h of July Mr and Mrs. Dobbin* took a abort walk, and re turuo <1, when in cinsequence oCtbe prinoner'a coiiduot, the> we e obliged to call 011 Mr. Foot to iasue bin warrant against Spencer, at thia time tlte only peraous in tne tioiiie iveic <lr ami Mm. S;.onjer, vlr Koot, Mr aud >lrn i'obt)in?, their nun and tho 1 err ant girl, Mr. Spencer then maed to see hia wife, and utoo a?ked if he could oe hailed out/ tno prisoner again atked to aee hia wife? tCoiinael lieie pointed cut, on fa diagram, the locality t ie ;iaitie* were 111 at the tinirf.) (ovusel continued ? 8, oncer often atked to aee hi* wife, and turned to Dab I mil, i.iu uruiuer, una h.iia, iou nave always lieeu a ilead 01 mine try an.I let mo have an interview with my wile," tUo> then wem to the wifo's rexjm ami spacer led way, the brother following. Oil entering the room Spencei levelled a six barreled pistol at hi* wife, and l the trigger, when one cap exploded. She kneeled d'twu, ami he tired a second barrel and (bother in the tijicfc. The hall penetrating uinter the ihoulder blade, came out at tho neck; she fell, and toon alter expired l'his was ahout half past 1-i o'clock, making it the morning of tlie 16th He wai then raized tty the officer* and pla. od in prison. He told the officers, on being aiked why be (hot hi( wife, that he did win order that u? other pei son may enjoy her. He dec.liaad to be examined after ui( airest, alleging that he wished not tp be extmined in the abseuce ot his coun>el. A knife wai al(o found ou hia person alter in* arre*t, which he told the constable w as the knif< with which he intended to take hit own life. This trial waa an important one, and wa( looker upon with u lively in'erest by the coraaanity at large, and particularly by the people of Hudson county. Alter detailing some lurther particulars, which will be found iu evidence, the District Attorne} here concluded ThuMK N Foot#, was the flrs witness produced aud sworn ; examined by the Uis'rict Attorney. I am a constable of the count) ol Hudson, and reside in J?f?oy cit) Ou the night ol the 14th July 1 was callod upon to serve ] a warrant, and was iu bed at the time. This waa souie minutes before 1?J o'clock. Mr. Jones called upon me ; 1 ,;ot up and went to Squire tJward'a office; Jones accompanied me ; I saw the Justice and j ounjr Mr. Dobuin( ; Air. Dobbins was making an aflldavit at the time A warrant was issued directing ihe arresl of Bpencer lorthwitn. At about quarter pa.t U o'clock we left the office, and I went to the bouse of ivlra. Dobbins; we net a young man named Ktchardsou, near the centre of the block near tho maiket He was going towards the Squire's office. Some conversation took place between him and Dobbin* We theu went to the houao, and whan we got there the door was taut and Dabuins rung too hell; and 1 think Spencer's mother opened the door. Wa walked into tho front room; I saw Spencer and some ol the family, I think Mrs. Dobbins, standiug near u door that leads out of the front room. Spencer hero came up and I told him 1 w? sorry to say 1 had another warrant . gainst birn; he then asked me if I thought he would be admtted to bail; I told nim I could not >ay, but that he could Ainirinin trom the Juinr.w M# than l.a i tn -.peak 10 ine, uml askelme to Hop aside into the lront entry. I went with hun, hut lie said nothing to me ; he then returned to tuo front room, and ?aid that if he could uot be admitted to bail, he thought he could not go to prison until morning ; 1 tqld him 1 wan directed to bring him forthwith, and that he ihould go ; he (aid if he mutt go, he wished hii wile to go with aim , I asked if he resided in thin county, and ho said no He said previous to this, that he had a friend who would go bit bail ; ho taid he resided in New York. I toid him if ha lived out ol the State he could not be taken but the squire would settle that with him Young Mr. Dobbin here came in, when Spencer asked if he w ould not go to tho olticc. and enquire for Richardson ; he then left the room; Spencer then said he would ask bU wife to go with him, 1 told him I considered it was unnecessary for his wile to go out at that late hour. He, alter this, asked .Mr. Dobbins to speak to bis wife for him. Dobbins refused Spencer hare said," you have always professed to be a f'iond ol mine, and if so, you ought to do this for me." Dobbins hereupon went, and they left the room together. I heard Dobbins call Mrs. Spencer by name, and heard the door open, and heard the prisoner a?k Mrs 8|>encer if she would go with him. She replied. " 1 will not " I in stantly after heard the discharge of the pistol, and a .(roan ; I sprang hereupon to the door of the room, and ired Spencer us he was in the act ol roinii g out ot the .oo.ii. 'i oung Dobbins had notd ol him ov the right -tide, 1 took hold of him at the lelt Wo then brought mm to the front room . we l>eur<i groan'ng ; on locking down I saw he had a pistol inhis limi.l Mr Donald, one of the city watch, hereupon r me in , I aikt-d him to Uke lway the piotol He did so On looking round I dis covered Mis Spen er iuaniug near the he.toe. in tne oack part ofiha front room 1 obbins said, after tin*, " I will go and tbll Kich iiuun?she's shot." W!ien I aaw Mrs Spen er she wi?- bleeding 'profusely from the moutn . khe HOIl'Sl"! >> ll.? I'nr I, v.. nth . hnr hands were woiKiuk up .?n*! dow.i convulsively ; I uk d her mot. er to |/o r<\' list her Tae decea-ed then at down (>i? tlu I . .i, . I. , ie I i>T<nrn! hei | mother 1 tUcu took iiv.d> tUv prisoner iu company with McDonald; wh> ii v. e ^ot in t'ao street he *aid 'uo liody else shoul J enjoy her" i'bis rein irk wai a volun>ary one, I then took him before the squire, und informed mm that he had shot hi* wife. Tliu justice then wro'.e out a commitment, I then took him to prison at Jeney :ity. Ho wm placed in one of the cells. The jailor and ii) <?lf e\d nnrt.i uie piiso \e<"* poonets for a knife: spencer said he had no knife; 1 then went to the hunk in ,he cell and found a kniie, which I remarked to him ? e said "that is tiie Knife with which I intended to take ny own life to-night, hut you deprived me of it." fbo i.ext morning I brought up Spenccr before Mr Kd?anis about IU o'clock; he was asked if he wished to lie examined before the justice; ne replied that he wished to ee uii counsel first; I had another wairant against him in the early yart of July; he was held to bail on this warrant; he put up $luO in goll in the hands of his bail. lr .Vlouaeuus; the justico toli him to do to; the pistol ?as a six bariel revolving pistol; I put it up in aclonet. nut put the Kinle iu my pocket; I went to search his ti unk at the house where the murder had been commit; ed; 1 never went intotbe bed room after I left the house, i i id no) examine the pistol mark in the house; I did not ree ihe pistol fired ofl the morning alter the murder; I [ neard but one discharge the night of the murder; the ivuife iheie produced] I coacider to be like the knile I touudiuthe cell; this pistol [produced) I believe to be 'ne pistol taken from Spencer, these bullets (produced) I believe to be the same ones that were in .he pistol when i took it from tn? pnaoner; tlie only remark (lio priaoner mad* at the juatice'* ofHce wai ' that no ene rlw ihould auj*> her;" ax myself and McDonnell ware walking wiih the piiioner from the homo, 1 did nut bear the priaoner make any iem*rk hut the one, namely, '"that no other person mould enjoy her " lo the commencement of the cro*? examination, conn ?ei for defence aakad * ha- conversation occurred when Dobbin* wai going to the police office. Objected to on part ot the State. The defenco here at .ted they intended to ahow that there a coaapiiacy on tne part of thoio peraon* againat the piiaoner, both by Dobbin*. Richardaou and the other partica, which fact wu? diaclo?ed by the very testimony itaclf Dobbin* ia found tunning in one direction toward* the police oMce, Riciiard?on in anotlier, while Spencer wa* in hi* houae. Thi* w?? their object in putting the question Thi* waa ah a iham on the part o( thi* IUcliard-on, and thi4 very Richardson they would lie at>ie to *how wa* the prime mover in thi* entire conipiiacy. The Cot.'at wan of opinion that in admitting auch te*timony it would be contrary to rule ol law. The U>.Hict here propoaed lo nueition the witn??* a* to the feet of the conversation having taken place ; declining to ask what the cotiveraation wa* the Court ruled oat the iiuettion, anil noted the exception taken thereto by the defence The hour of recea* having arrived, the Court adjourned to o'clock. On reataemhliKg? Tm.ima* J Foot wa* recalled The two warrant* upon which he made the atrestof pruouer, were produoed and identified bv him L I'be defence called the attention of the Conrt to the ftrtt warrant, ikiued on 'id July, li*4d, on complaint of Sumn Dobblna, againat the prlaoner, churning tnat he kept a loaded piatol, an 1 threntene'i to ahoot her. It einmrned by the conatable.and arreat wa? made toe earne day. Tbe next warrant ia deted 16th July, iS46. and en dorted aa executed on tin aame It waa made by Jua- , tin L. Dobblua again<t the ptiaoner, chaiging hiiu with . baring threatened to ahoot hia mother. WiTi?eea croaa examined, (in continuation)?When I , went to the houae that night of the l?ih, young Dobbina rung the bell, kia mother opened tbe door; we went into the room, and aho waa aitting In a recking chair ; ahe did not more from the chair untU aftorthe putol waa dred ; when the piatol wea trad 1 waa atamlmg near her. Spencer ahook handa with me when I entero'l the room ; lie eaked me it I thought lie coulj get bail, hia manner waa wild ; be waa very anxioua to know if lie could be admitted to'bail, he aoted very gentlemanly towarda m? at that time; the piatol waa trad in aeven or eight minutea after I ealaied the kou?e; it may have bean ten minutea; 1 aaw Mra Hpencer'a lace at the time I waa in conversation with Spencer; ahe waa epperantly liatenIng, butaeid nothing; ah* wea at the doer at tiie tune, I did not aee her do any thing; I heard a oouTeraation the time between Mia. Dobbina and Mpencer; ahe ?aid bo waa breeding diatnrbence in the bouae; he aeid aornethiog, and ahe replied that he waa more to blame than

aha ww, 1 did act km him auk* aa*appeei to tor to,, RK I NTNG, SEPTEMBER 11, 1 have nothing .loan about the matter; I heard do ronver- ! iationpiuii between Spencer and the wife ; Bpencer spoke very feelingly when ho addressed Dobbins. and aaid to him, " You were alwaya a friend of mine he spoke in a beseeching wav; liis manner and look overcome, at 1 thought, young bobbin* at the time. The defence Iwre waa proceeding to cross examine relitive to conversations had about tne periud of the first arreat The State objeetod, on the ground of its baing irrele- | Vrt'it to the ,iksue They shoul I confine themselves to the i'act of the arrest and the attendant circumstances. The defence contended that inasnueh as they had set out with a statement giving a detail of particulars as to what occurred at Columbus and Burt'alu, aud so to llu time of the loi! arrest, they (the detence) had a perfect rigid to go Into the?.e matter" The object was evidently j to ?how a disposition on the part of the prisoner to com- | mit the murder ; and if they could show a d it! v rent stato of things, it was competent for them to do so The ('oi'kt decided that, inasmuch as the pro<ecutiou 1 had opened up thesn matters in their direct examination, the defence had a perfect right to go into the matter. Witness (crois-examlne.l in continuation)?On the occasion of the firs* arrest we wont into a room together, in tne nouse., and he treated mo very guntlemanly ; Mrs. Spencer was thsre at the time ; I cannot swear that young Dobblus was there ; I do not now recollect Tli? defence here cr.lled upon the State 10 produce tike alii ' ivits u|>on which the warrants weie issued The State objected, at the present stage of the pro ceodings 1 ha defence, they contended, had no right to have the affidavits here produced, they (the prosocutun) not having produced them on their direct. The Court ruled in favor of the defence. The uiiidiivita of Mm. Dobbin and her son, chai^i-..^ the prisnnor with threatening to take their lives, and pu tiuj them in ludily fear, wore mad. Cruii-tTatmnatinn contimud ?The affidavits produced were taken to Hie justice's office, and the'-a:it then was issueil lor the first time ; prisoner appeared tw bo itt much trouble of mind ; be gavo bail on the first arrest, and after this left the office ; I did not see him after that, on the same day ; I next law him once or twice in the street, after the first arrest; he asked me to assist him in taking out his property ; 1 went to the house with him : ho rang the bell, but uo one came to the door ; he raised tho bliuJ at the front window ; bo said ho saw no one, and should go to the kitchen door ; I told him if 1 could !>e of any service to him that 1 would assist him ; the time of the second arrest, he appeared to be quite subdued at the justice's office, and hung his head ; Spencer made u? struggle to get away after he was arrested for the murder ; whon he got to the justice's office, the iustico asked him " Why he shot his wife 7" He replied that be knew nothing about it. At the time he wanted the brother to s^eak to his sister for Mm, ho understood him as asking him to inteicode for him. Direct rr.iminaiion remmed.?Whon I saw Mrs. Hpcn cer after the shot was fired, 1 concluded she received a mortal wound. I requos'ed Mrs. Dobbins to go to liar daughter before I went myself. Witness here withdrew. Juhtin L DoBBins, a well looking young man, brother to the deceased, about il years of age, sworn and examiuod by the State. [When he took his place upon tho stand the prisoner appeared to become agitated ] 1 '.in brother to the deceased, Adeline Spencor; I kimw the prisoner at the bar; the prisoner came to reside with our family on the 17ih May. lS48i from the 17th of May to the 15th of July tho prisoner and Mrs. Spencer stopped with our family; they were absent in an intervoning period about three weeks; I reside in Montgomery street, tersey City; on the uight of tho Uth July I went to the justice's offi.-e for a warrant against the prisoner; I procured it; it was dated the 1Mb; it was alter II o'clock when I went; I dout think it was half past 11; I procured a watchman to go with mo to tiud out where the justice lived; when I got to the office I made the affidavit; on leaving the office 1 went to the house with the officer; Spencer hereupon asked tho officer if he could not be bailed: Mr. Koot, tho ..ffleer, replied that he would find that out from the justice; witness detailed the particulars of the conversation had between thn iirisiknAr anil former witness; Spencer wanted me to f(0 back to see Richardson, to know if ho would come forward an bin bail, 1 Miid I did not think it worth while a* be was going to tho office of the justice; he then passed out to the beJroom and iu a moment came back; he then aaked me " as you have always pretended to be my friend, will yon not go und nsk Mary to come with me / [Mrs. Silencer's iudic {w.u Adeline Mary |?! went up and knocked at tho dour; she opened it and prisoner steppad before mo iuto the room; he stud to the deceased ? "Mary I -have got to go to jail, will you go w ith me he said "No," I think she added "I cant"?than the first 1 saw was his hands up towards her breast, and there was a flash; >he screamed und turned and seemed to (all partly; he then firod again; theie was another report, and I caught him by tlio arm; he endeavored to turn round; immediately aftor officer Koote came in and took hold of bin: at the time of the second rejiort she cried out; "I an dead, or 1 am sho;"?the otHcbr and himself then went into the hall; some policeman came in at thn> time; one them got hold of him and took the pistol out of Uis hand;,with that I turned round and saw my sister by the lounger, arid mother went right to her; she loaned against mother; the blood was flowing out of tier mouth; 1 started and run out of tho house, when I starte d 1 thought of going for the doctor, but 1 run round te the Jtntice'a and there hallooad out what it was; 1 then went to Dr. Oicott's house, and alter this went back to the house; I think she breathed her last after 1 got hack to the house; the doctor came; the ball entered at the back under the right shoulder and passed out at tho left tide of the neckj 1 examined the mark of the ball iu the bed-room; it lodged in the aili of the window. (Witness here identified the pistol, alao the bullet mould that was found in prisoner's trunk.) 1 saw the ball that was extracted from the window sill; i waa not pres ent when the hull was taken out; 1 saw the ball after it was taken out of my sister; my mether, Mary Kinney, the scivant, Spencer, myself ami Foot, the constable, were imsunt wtian thn ball W:is flrAiI: 1 nevnr law Ihn knifn until I ww it before the Grand Jury;; the lirst warrant was issued on the second ol July; TUn circumstances that led to thia wera, bpencer wis making a Rood deal ol' trouMe in the house, quarrelling with lu? wiie. On the night of the 1st of July I wu called up from my bed by my mother; sho told me to i$et up; I went downstairs; and Mr. Spender was jawing .in wiie; I can't tell what word* he uaed, but xh? kim, " she would not go to bed with him." This was about II o'clock; ihe laid that iho was unwell, and wished to lie alone that night; 1 told him I would not have io nur'i dWtoibanc*; there wa?a continual jawing going ou between him and nix wife; 1 then told my sister to go up itaim with her mother; the did 10; alter (he went up suirs I talked wuh Spencer; he wanted roe to g<< jp and call th?m dowu; kit said if 1 would advise her to comn down fhe probably would; I told him 1 would, aud I went up; ( went up and told her the had better gjd wn: she t'.ild me tnnt he was abusing her all the tiino, and that she waiafraid to live witi. him; ilie did eo down; and about two minute* after that 1 heard a scufile in tho parlor; I then heard my lister desire to tell her b. er; 1 tneu went right down to the parlor, and asked v\ ...?i it was, my lister laid ; " he kept pinching ot her;" i'uc started lor up tain, and he pulled her back; ho u-.rd vtry loud uproarious lauguage at this time; 1 can't tell what it was; I told him I should have him icmoved by a policc officer; he was brandishing hi* prstoiail tho tuno; he said that there wai no policeman would dare take him; that he would notleavo the house; 1 went for the policeman; he told mo 1 should see the Chiei of Police; 1 then returned to the house without the policeman, aud talked to Spencer; whan I returned 1 iound Mr. Tatty, a boaruer in tho house, in tho room; I told my siiter to go up and t-tay with her motner; it waa then about two or three o'clock; when I went into the house on the Jd of July I passed into the parlor: 1 asked my sister to step .... I .?<./! tl... runarli In l>,m I would have no luch action* ax tliem; ho replied that ho would shoot me if I did not let him go with his wile; 1 then told him I would not let him lollow hit wife, and that he should loave trie house; Spencer presented thu pistol at me and told me to take care what I wan about, or that lie would shoot me; the reply I gave him wan to fhoot whom lie wmlu-d; 1 then went for an oflicer, and to the juuioe'i otlice the name day, tho '.\1 of July; 1 ma le an itlidAvit, and there \v?a no officer to be had; 1 returned to the home, and in about halt an hour alter ho camo to the door, and through the eutreaty of hi* wile, I let bim in; 1 told him, then, that if ho behaved himaelt I would not have any more to do with him; he told me he did not blame me lor the courao 1 pursued, and wanted me to nop the dispute; 1 told him I had made the affidavit. and tuat we had trouble enough; he conducted hiuilelf in a different manner; 1 told turn that he mutt give me the pittol, and luaiated on it, that he ought not carry uch a wrapou; he laid he had not got tho pistol, but he wa* willing that Harmon should keep it; he then went to Harruou and got the pistol. The court here adjourned to o'clock thi* forenoon. Common Plena. Before J a Ige Daly. 8kft. 10?Mary Hautrman v*. David and Samurl Buitit-?Thii wa* an action of replevin. The plaiuiiff kept an oyxer house at 140 Bowery; on the iflth of March la*t, the defendant*, with o'lier*, came to the premite*, and forcibly took away ten mahogany table*. Plaintiff cuuned a wntof replevin to be i**ucd, and the table* taken out of defendant*' possession, and the liresent action i* brought to try the question of ownership. For the defence It wa* itated that tha piAiuaJfj brother Nicholas Hall, wa* ev ner of the eatablishment in ; the tiou ory, and had about four month* before purchased 1 the tallies in di*pnte from defendants on conditioii that I thnv U'nrA In h?? nuwl for liwtrtl v nl'ur frnm mniiav i which lie (Hall) w?? to receive from his lather's estate l'he condition was broken by the tables not btiiig paid for, and Hall in the mean time astigwd tr.e whole e?taMihbment, including the table*, to .*lrs Hau*onian; Uc fondant'* counsel therefore insisted tliut although H.e delerwlant* may hare to Home extent violated the lnv, jut they did it honestly, and for the purpose ol procuring payment of an honest debt, or putting back their propeity. Verdictlov plaintiff, $70 damages, valuing the pioperty at $40. Kor plaintiff, Wallil and Sherman; for delenJants, Slaaaon and Hchell. Qtorge Ilattii, vs. Jinthony Crown ?This was an notion of uisftiilt and hatterjr. 1'he plaintiff ti a colored man, and the deten>!ant keeps a grocery store at the corner ol Little Water and A union) su It was sworn to by a witness on the part of the plaintiff, that he saw the defendant, in his (defendant'^) store at >ome time previous to the bringing oi the action, strike the plaintiff on the lip with hisclinchod fist, and afterward* >aw him strike him on the head with a slick on the side walk, and the pUin- i tilf lull Iron force of tue blow, and was afterwards Kicked by drlendant .The pUintiif then rested, and deiood i ant'* counsel stood up and served piauitid , counsel I with a plea of jmms fell (Mil enntin turner, ivnich mean* | that since the can e was brougnt to en iasue, the plain bfl released defendant from all cettae of action, and made proffer* of the release Kurther prooeedmgs were then stopped until this morning, to give plaintiff * cotuiaei an opportunity to reply, either by demurrer or replication. > or piaumfl, Mr. tt. V uite?j lor ueiendaat, Mr. McUaw. IE R A 846. V. S. l>l?tri?-l ( null, Ssrr. P.?Hrrman Hr^t vi. Grorgr H. Simon.?This ?uit ? cemmonced by capias in tha court by Mr. Her- : man Heye, of tho city ol Bremen, in Germany. against Mr. George II. Siemon, well known in ttiia city a* noldIng the office of Bavarian Consul, and also a* am of our ! most resectable un<] influential Importing merchants ? Tho case was opened by ii. < j l)e F?rest, V.*<\ , of muds.'l for tlie plaintiff wtio staled th it thr *u>t was in?ti u!? 1 fur tlx purixm' ot recovering the ani' uat ol a bill of goodi ?old Uio lefniitlaul in the >oars IH4I end ISU, amounting to lie lollar-. Oarmau currency. It ap pears that salt wm fli t brought in the S 'iwrior Court of this cit>. but the pUintiil' '* attorney discoYenng tha' defendant iicl.-t the olflco of consul, and the Superior Co jrt having no jurisdiction in cases wheie a comul i? n pai tv, discontinued the suit in that couit and renewed It in the U. S. Diitrict Court On the very day on which thii suit waj commenced in this court, Mr. Siemon remitted to the plaintiff through a Mr. Carl Heye, two lulls of exchange, covering the whole amount ot the indebtedness to tho plaintitf, a> he thought, up to the lit January, 1844, mid which he insists woio received in full ditchaige of the sum due to plaintiff. The defendant in thia caso was originally a partner iu the tirm of licrding StSiemou, which home had transactions of a business nature with tho plaintiff of a \oi y extensive amour.t. covering some 30 or 40 thousand dollars. The total amount claimed by p aintiff at due on the 31st day of December, 1814, wax J,Mi ol) rix dollais and gro'es, which sum, with interest up to the rt.h September, a per oeut, amounts to 81 rix dollars ami grotes. or *i K*i 23, American currency. Tue plaintiff's attorney then rend the <I*po?i. tion of Krederick Ordtnan, taken under a commiti <ued issued in toe cause, who was a clerk with '.Uu pli? till', which went to show that in the couisa of bu?ine<u lit twoen tho parties, 6 per cent, interost was charged on 11 items of account. Witness made not the accooiit corieiu between the parties up to Dec. 31, 184-1, aud the whole amount duo up to that time was 2,141 60 rix dollar* uad grotes. The counsel then read iu evidouce a letter ot the defendant to the plaintiff acknowledging the rtc ipt of the account ourreuL The plaintiff's counsel hei - rested his case. Turnimnr Srncwwu Kan rmmunl fnr tlia ^ACtindant hereupon Dunned the defence lie commenced by saying mat he could move t'ora nonsuit, on the ground that no indebtednesses proved to exist at the present time; ati that i? proved is tbut ?t one time the defendant wns in debtel to tho plaintiff; hut whether the indebted'ie?? continues or not, duel not appear. The amount claimed is ?1 nil 23; but, instead of this being the real amount claimed, it in resolved into a small driblet ot interest, amounting to some fifty or sixty dollars merely Mr. Sedgwick then related the commencement of the suit in the Superior Court} its discontinuance, when it was discovered that the defendant wax Bavarian Consul; and the sending of the two bills to plaintiff in Bremen Mr. Siemon was sued on a balance of account, which he was not able to pay at the time it became due. Suit was then commenced, but discontinued; and then he paid tho whole amount, up to December 31, 1H45, principal and interest, and which hud beunla>ingin bank fiom that period up to tho time it was remitted, by two bills of exchange, which he sent to plaintiff' threiigh Carl Heye, saving, " you will pay them to Herman Heye, and take n dUcliartce in full " Defendant also wrote to plaintiff the following letter, requesting him to receive tlio bills of exchaugo in full of his claim:? New York, June 6, 1?40. Mr. Herman Hny?, of Bremen?Sir?I have Just now learned that De Forrest has withdrawn j our suit, and boars the costs, wherefore you now receivo L'dor 1S0U, tkl days' sight, ou F*. L Quentel; L'dor 341 50. 00 days' sight, on schultz* St Wolde; total L'dors, 2141 60, with 1 winch you will balance or settle my account, and transmit to uie a receipt for the above bills, through Mr Carl Heye. Yours, kc., G. 11 SIEMON. Plaintiff received the bills of exchange, and sent the following receipt to the defendant in answer to his letter :? I received,to-day, from Mr. O. H. Siemon, of turn, uy ,>ir, unn nryo, ui iuih c:u\ , one draft on K. I< Quentel, accepted, payable 3d September, 1H4V Hi* dollar* 1800 00 One draft on J. Schultze and Wolde, accepted, payable 3d September, 1B4S, Rix dollar* 841 60 Ilix dollars 3141 60 Two thousand one hundred and forty-ono rix dollar*, and fifty grote*, in 1'dorj, at five per cent, payable 3d September, 1S4S. On due receiptor these moneys, 1 ihall acknowledge the account of Mr. O. H Siemon for It. My cliiini .innmi<t him amount, with intoiost up to 31st December, Im 14. to 2144 rix dollars, and fitly giutt*. An, however, I have not received trom my attorneys, Messrs \V W. 0c Forrest it CO.. of New V ork, any later news than ot the 30th May, according to wbicn the suit was withdrawn Iroin'the County Court, lor tiio purpose of being brought into the U. H. Court, I must, thorefore, leave it to Mr. O H. Siemon?if he has not already informed my tai l attornies of the above remittance* made to me? to exhibit the present receipt, for the purpose of preventing farther proceedings against him, for which purpose tne present has been executed by me in triplicate, though legally to bo considered as only as one valid and binding receipt. This receipt Mr. Sedgwick remarked was considered at he time by the plaintiff a lull accord and satisfaction of the whole amount of indebtedness between him and Mr Siemon. Mr. Siemon remitted the two bills of exchange in full payment of the debt, and requested Mr lleye to receive them as such. Mr. iieye did receive thora, and in pursuance of Mr. Siemon's request, sent back this recmpt which Mr Siemon insist* is, and which no doubt Mr He ye himself iutended at the time to be. a full iel??ase and discharge of *11 debt* between them The lulls of exchange wero not rejected by Mr. Heye in Bremen, but were received by him acaording to the condition set out in Mr. Siemon'* letter, viz; in full uncharge 01 tne claim, ana in return lor wnicu, ne, Mr. Haye was to send a receipt, which be (lid; hi a matter of law independent of remitting tbo release by receiving the billj of exchange in the manner an did he closed the accounu between the pertios Out independent even of the letter, thore is no doubt tbe release wu intended as a receipt in full. The closing ol the account did not depend on the credit, for if >lr. Siemon were only credited on the account, the account would not be closed. The question is, what is the amount uf the sum credited, ami the condition upon which it was roi eived I insist, said Mr. Sedgwick, that this release intended as a full accord and satisfaction, ana Mr biemon wa* to show it as such to Heye's attorneys in N??r 1 ork, as a bar to nil prosecution But suppose wo are in error in our view, is not the case one of ex'reme hardship I These parlies nave had transactions amounting to forty an I fifty thousand dollars, nnu If the relets* whs not a full discharge, it is a uutie. ol equity, to no decided by the jury whether tho defendant tier* ix to be mulcted in interest, by way of damages fora hiioit detention of the debt when the money wtu> actually in tiun.i Mr. Medgwick further remarked, that the . . .t coull prove tliat liefure this suit was commu..ce t, . < plaintiff's attorney called upon him with a diait tor tUo wholt amount of the claim, which lie wished liim to accept, but that the defendant rein-el to accept tne irau, a> ho bad an understanding witn tho piaintid' that u? would remit him the amount. The deleirlaut tUeu said if you will not sue ior non-acceptance of thone Uiafta. he would purchase bills of exchange for tne xviiule amount, and hand them over to him, to be forwardod 10 the plaiutiif? and the ioaiou why he wished to purchase the bills of exchange himself, was that on a former ocoasion Messrs. E (c T. Poppa had overcharged him in tbo rate of exchange, and he did not want to be treated the same way again. Mr. Medgwick further said?tbe | question if, whether intei est is to be paid be came the debt wm not paid the day it was due? In some cases, parties may claim interest aa a matter of right, us in the case of a note or bill of exchange, bat that ia not this case. There wa? no agreement to pay interost. This ia not a case where the law compels a jury to givo interest. The question ia?has there been such neglect on the part of Mr. Miemon, as to entitle the plaintiff to interest for non-payment of (he debt at the timo it became due? If I am right, you caniiot come to the conclusion that any thing should he jfhpoaed on the defendant for the non-pay memo the debt, fo< from ihe commencement of their transactions to this <l*y, there never was a shadow ol doubt on the goo<l laitn ul Mr. Hiemon. There has no agreement mat interest should be paid. Tue whole matter lies in a nutshell Mr. Hedgwick then read the deposition of (iodfniy Wetsphall, clerk of Carl Ileye, pioving the payment of tho druita to Hermm Heye. The some couu?el tlien read the letter of defendant to pUintitl, above set forth, in which he said that as Mentis Oe Forrest, plaintilt'a attorney in New Yotk, had withdrawn the suit in thu Superior Court, he, in consideration thereof, remitted the two bills of exchange for the amount ol the debt, and r?(|uesting him to lemit him a receipt in full. Mr C.O. Eckki, ><- ns the i swum as a witness, on the part of tl.e delendant, and stated that no was 4 graduate ol tne University at (iiesson, in Uerinany, and had tianslated the receipt of Herman Heye, as it is set torlh above Ukkaho H Dwkmukr was tnen sworn as a witness un part of iifeniaiit, and proved the writing, aud sending u. a loiter [ im defendant to piaintili'. stating ttiat 11 the piaintitf w.i; willing to wait till he, >lr siemon, could reuut aa soon .is ho was able, he might send an amount ol' goods . mmioDed beloir. Tho g>>ods were aeui, accord >..?? . ,i i?ti?r and r?ryi??l bv the delendant. W it tie*i v. ,4 in defendants employment wtieu the good* mentioned in tho above letter weie received by ueiendant The purlieu here re*t*d, an ! Mr Bedgwiclt, on the part of delendant, and Mr. l>e Korrett, uujwrt ol plaiutilt, aumnied up. The lor LilainulT then ad.uiUcd that the wlieln amount of plaintiff'* claim waa only $o3 89 for interent. The defendant found it advisable to submit to a verdict agaiuat hint ot that anionic, subject to the opinion of tho court on a cane to be made, ana having the lull merit* ol tho case brought before the jury, wuich could not be dune under the pleading* as they then itood. Kor pUintifl', .viessrs Ue Korieat Si Co j lor defendant, J. A. Sleinuiier, and T. Sedgwick, Ksq Before Judge Belt* Tht United Stmtn v*. Oilrt Harri*.?This was an ao 1 tion to recover a penalty lor h violating ol ihe Po?t Odlre Law*. The cause waa tried a abort tune *mce, very fnlW reported in the Heralit The jury could not agree, and it I* now brought on K^ani by the L aiied Stale* District *ttorno> , to have the la a' on tne ?ut>jecl natned, a* there are some donbta whetbnr the tutuie rear.iie* ibe oltence cbai ged or not. Adjournal l<> tui* morning. Kor the United Mute*. ttae'lJ. .*?. DUtrict Attorney. Kor the Lief't. 1) L>. Kield, fcsijr Court po? thk Correction or Errors, Wednewl.iy, 9 ?Fioj Fit?Lt. Gov Litrduirr, Justice Reatdaley and |H Senator*.? No. 1?O. C. Da Kay and wife vs t? K. Irving at al e*7s, fci. Mr D Lei.l, | Jr., concluded for ro.?'t*i and Mr. U Wood heard in reply Ueciiion postponed till December No i?O. t. WwardYvs. H- A. Variok et al Mr. J. Van Buren was beard for app'1-?4M?a|l Jvttmat, Otpi, 8 LD. *rlc? Two Cent*. SUtr of tiif Wmthe r, [From the Boston Traveller, September !?.] We have experienced. since yetterilay.u gveat and mon delightful change io (he weather; a change which call* (or thanksgiving and praise. Between " an.) 3 o'clock yesterday. P vT, the heavens became suddenly overcast, and the refreshing drops bngnnto fall; it soon became a copious and somewhat violent thunder shower, ncrom unmet with tone ha'! i :id a strong w.nd, which continued about 46 minu'cs w about 6 we hud another shower; an<; durin* tl.e evening it raine.l afi'iO. commencing at 7X The wind weni round to ihe north eo*t, a Lit gave us a rieliciou?lv Ci>ol nigh' U.enr.tior eleven tin)? 'l'hi.1 morn ng at ? o'clock the thermometer indicate ) tk> decrees, or tKtceu decrees below whet did ye?terilu> at tlin same hour; at 10 A. M the morcar had ri-on only to 6-1, being twentv-ai* and half degree below whore it stood yesterday at that hour; and at 13 M. the tenoporature waa about the namii. Thirty mile* weat of us there waa no rain; but at KtamiugUam, 20 mile . west, the shower was heavy, an.I the rain continued through mo?t of the night At Nahaut, t* or 10 mllea east of us, it Is said that tharo was no rain The clouds pussea in a noutneriy uirection irom toe city. [From the Boaton Advertiser, Sept. u ] Tho weather for the last lew tiny ha* Seen hotter thuu ha* been known here at the lame season of tli? year for an indefinite length of time. Pol-11 day a, Align*! a 9 to September 8, the thermometor roae every day above 80 degree*, and on each ol the tour last day's tu 90, and ok the last day te 91*; and during the whole period, it did not fall in the nighthelow t>A?. One night (the Oih inat) it fell only to 77?; twice to 70, once 7J, 72, 70, 69?, itc. ? The Meteorological Journal, which was fonnerly nublished in thi* paper, and from which natires htve occasionally ap)ieared since, hat been continued regulai ly since tho beginning of 1818, nearly 'JO years, in ah ihal time, there Iws been no such period of hot weather, so into in the year. That which approached the nearest '<> ii was ia 18:8. when it period of II days ended on the hi si day of September, with tho thermometer at noon at 9.j". The mn^n of the greatest heat of each of the II day* was, in 1828, 88?; in 1840, 86?. But the nights were then cooler; for the mean of the greatest cold of oach day <vas, in 18*28, 6(i?, iu 1846, 71?. and the mean of the whole period in 1838, 77, in 1840 78^?- It should be ie numbered too, that the lormer twriod was a lull week earlier in the year There has been no night in September since this journal was begun, iu IdiH, so hot as either of the last four nights, and no day in September since 1828, so hot ns either of the last four aucceaaive day*.?' The hot weather wound off with fine shower* yestirday afternoon. The first was the smartest for tbc keu&ati, neatly an Inch of rain having fallen in little more than half an hour. Hitherto our rai.K, though tolerably frequent, have been remarkably light. 'iJiuie hx* not been an average fall of rain in any one month *ince January. [From tho Albany Herald, Sept. 10.] A great change in the temperature ha* taken place within the lort thirty-fix hour*. The thermometer now range* irom A3 to 6ti, inatoad of 90 and 96. Yesturday mornlng, at (1 o'clock, a groat coat was not uncomfortable. Singular Affair at JSo*ton.?During the squall yesterduy afternoon, a mile before 6 o'clock a aailhoat wai discovered to be upiiet, a short distance from the shoro, oil'the Brewery wharf, Houth boaton. A boat went from a schooner near by, and took two men eg" who were dinning to her bottom, and carried them to the ihore Thoyleftina lew moments for the city. The men declared to those who took them off, that no other person wan oil board the anil-boat The from the schooner returned to tho sail-lioat to pick her up. and found the body of a woman They attached a iiie to her feet and towed her ashoie. This wai a badly managed affair - bad the woman beon taken at once irom the water, when found, it is mated that her liie. in til probability, would have been saved. Aa it wee, ho wai deud when she wan taken from the water. Coroner Wm. Andrewi, of South Boston, held an In. quest on the body last evening, but did not conclude hit investigation* The woman* name i" Margaret MoOowan, nud she is aaid to bare resided in Broad street? .She ia supposed to be about tweut)-flve years of age.? One of the men changed his clothes when be landed, giving his watch in pawn for the suit which be received. From the fact that the men stated that no other person but themselves was on board, suspicion was excited the! all was not right, and ofilcers were set upen the lookout Last evening, tho man who changed his elothes went over to .South Boston to get bis own suit, and he wet aitested, and u now held in custody. The other party u iiuijri iiioiiu. lueaiuiv wiu ujr iu? |.n??j "mwu wtto very coutiadictory. When he landed, in addition to saying tuut no person but himself and male friend were on hoard, he also laid that a hoat had hecu cop?ized near him, on hoard of whi h were three or lour women. He in said to have paid attentions to tho young woman drowned, for lomu time, and there are reaiona to believe that ?ho wa> eucitnte Piobably a post mortem esamination will l>e hud Iwfore the investigations are concluded/ The ease looks an if all was not right?ifoaten Jeumal, Sept. 9. Sakatoua SrntNna, Sept. 9, lHtti. The Diitingunhed Men, f(. On our arrival here this morning from Montreal, amon* the first persona we encountered were the Hon. James Buchanan, Secretary of iftate, accompanied by Mr. J T. Sullivan, of Washington; and uest case Oot. C. 1'. Van Nuns, lute Collector of the Port of New York, all at the U. 8. Hotel. The throng, however, have <li*appearod, and a chill wind this morning X X. W. will tend io a material suhti action thia evening. By the morning train, some two hundred tcachcm and scholars of the Sunday schools of Troy, came up foraduy at the Spring*. .Vloicury this morning at 10, 61?at i IWi.,<W. Ostensibly, The Doitok Court of General Sewloiu. DeforeFRecorder Scott and Alderman Purser and Hart. John Mckeon, Ksij , District Attorney. Acnuir 10.?lYiet far tirand Larceny.?At the open in? of Court this morning, a colored man hy tha name of Richard Matthews wav placed at the hai for trial, on u charge of stealing a shot hag, containing $41 76. in *8 Tti coin, from me trunk of a fellow lodger named Lewie vVilliains, n resident of Alexandria, D. C., while the latter was asleep, on the nignt of tlie Sd instant On tha iiart of the pioiacutioa, It we* ihown in evidence that u iiibiiib wiu h tuiuiru cwrgj umu, iin mwnu 01 Alexandria, on arriving in thi* city took up their quer ten during uieir sojourn her*, at a boarding house for colored person*, kept b> a Mr* Ramsay. ia Church street, wuere they were unavoidably obliged to (leap in a room with two other colo*ed peron*. the accused and another individual ; that Mini* time during 'he evening. Williams imprudently exposed hi* money; that the coatplainant on awaking next morning and going to hi* trunk discovered that ii had been oponed and tne money taken therelroin. At the same time it waa observed that Matthews had atepped out, that in the couise of a few hours Matthews returned, but denied all knowledge of | the larceny, also denied having any monet, except a small sum found in his pocket* ; but on removing the | lining Irom thu rap or lilt of I he accused, Ml In bank Sills were iound snugly *towe<l away in oneoorncr, and I concerning which ho was uuable to give a satisfactory i account. The jury without leavii g tbeif s*U found the j *coused guilty, and the Court Kenienced hilt to b? iaat<riaonedin the State prison at Sing Sing for thetamof two years. trial for Petit Larceny?Two butchers, named Chailes Bergher and Joacpu /anger, were next plaoed at the bar, on u charge of stealing a live liog, alleged to be w orth $11, the property of Mr. McCionmgil, rending at No. 'JH7 Monroe streot. On the part of the proeecution, Mr. McOonnigal, deposed that at an early koar on the morning of thu luth ol April last, a pcrsen oaliad at his nouse and stated that an individual had been driving the hog in question up Clinton street, to the slaughter bouse of the accused, and that on proceeding theie, witness found the hog slaughtered, and the accused then engaged in dressing it for the Market ; that toe head not having been touched, waa at once tdenttfed by witness by certain mark* which he described, lat littl* further progress had been made, when the Coot adjourned until to-morrow morning Movrmtnts of Traveller*. We could discover no visible diminution id the nwm ber of arrival* ve*terjay from tbo?e registered on the : three previous days, at the principal hotels. If anything, they have increased In proportion, as the change of weather ha* accelerate*) the return of many Irom their sum mer Kxcursions. The following ia a summary of the I number in each of thn ufuUMh<sntiAn*H hnt*la*._ I A*tom?Ttioniti KiaUer, Phtind; R. McKimm, Baltimure; II. Allwe, Boatoii, R Kexlord, Norwich; J. Mother, UUca; Dr. liulbrook, ihnrlo.lon; H lloae ftavannili; A. Bariuey, Kentucky: I. Gartman Baltimore; t. Hunt, do; A. Kelly, New Or lean*. J. Wentworth, Boeton; W. Dulty, PhiUil, L Jonki, Hodon; f. Wbitwall, do; II Andrew*, do-, R. fclv, Honda; C. Warren,do; W ( initiwU, -Ylbam , Mr. Hatkiaa Hoaton; R. Waterman Providence; H Whitney, Philari; J. Dermood, Now Or leau?; d. Leu, Baltimore ;M RidJle, Philad, Major Hamil tun, MaaaucuuMtti; \V Robeite, Georgia; < aptain Bl*ke Bomon, Lhaa. Hubert, do: Mr OarJnar, do; x. .?oobiaa, I'll I lad, a. Balibury, Worcester; Mou. A. Ferg9<oo, Canada, W. i alder, South Carolina City ?H. tttowbridga, New Orleant; F, Clark*, OUboa; W. H .mller, S*?ai>nuh, li Krothinftoo, Kentucky, J. Klautiug do; Major Roea, do; J. Walla >, Maaaachu Mtta; J. IUj I, Ulica; >Conrad. Pmlad; J Elli?, Virginia; J. McKemiua, Upurr Canada; W Voun* Pitiahnr*I:W. .Montgomery, New Orleant; D Patera, Virginia; M. Jenkina, do; W. Stuart, Norfolk, P Wbic*, Kichmood, J. Uaiclay, Kentucky, E Pille Boatou; W Palmar doj C. Browne, do; M. .i:eren?on, do; J Mr.Kennady, Tenneaa?e; U. Mono, Ohio; ICWiinama Florida; Commodore J one*, U 5. N ; J I ticker, South r.arolina KaA^aL'i?B- Murray, Charleatoii; 8. Lockwood, Connecticut; II Jouea, New kork; D. Hanane. Joj J. Kyan, Mobile; fc Salwy. Noith Caiolina. J. Houby, CaxeaoeU; O lioddie, Alabaipa; R Hose. Scbenectady; Ci Waite, Troy; A. Abell, Baltimore; T. White, Pittaburgh; Om. WiIkoii, Guorgia; A- Fleming, Alexandria; J Lyon, Mnir,., i k'mnr?. lliosliiuiiinun. J. Allen. Oaio; fc. Bar irof. Iwliaua. Ho* AHD? W. Bullioi., Albany ; J. dwyma, fttUhurgh; W Kergniton, Knjfland; J. Turner, do; H. Dan ell, do; >1 Huodea, Haittmoie; W. Houatmau, Philadelphia; J. Blnkely, Cincinnati; W Hunu, Vtrfiuia; W. Daney, Up (>er Canala; J. Boyd, Baltimore; J. TappM, Q?.bec; C. Mtarr, New London; Mr Van Morn, Cincinnati; A. Pain*, Baltimote; J < ouway, Liverpool. J Newman, Vanneal; H. nrtia, .Maine; M Jerk<ion. New Orieauei U. Coieaun, PhilNil; 0 Poiucroy, Niagara; 8. Wheels Massecbuseue; J. Wiiiliier, Boston; W. W ilihin. ? incinimti; W. Smith, Maxnchusetts, J. Kunier, New Orleans; J. 8amp?on, Boston. Juo?ow? George Perkins, New York: George Perkins, Norwich; E n.ckwith Hwrfcmt, W Btuart, Connecticut, 1). Dyson, New Oilemc I) Hand, Georgia; V W. Beech, Moot laud; O Walsh, Hartioiil; J. Hanaon, Boston; Auk Neaie ilu, J. ' onvnae Norwich; Mr. irtna, Maine; Mr. Hwett, I'hileil; T. Thomoa, Norwich; J. Jantes, Oluo; H Whittaker, Norwich; Mr. Palmar, Penn yUnie; R. Jones, Swckbriilfej J W. lmley, llartwrd.