Newspaper of The New York Herald, November 9, 1847, Page 3

Newspaper of The New York Herald dated November 9, 1847 Page 3
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>' J ?i duties of aald rflleo; he uliall, alec, lira a bond, with ?ufflc-nt our. 'iBi. to tw approval by the Finance Commltt-?? of 1)01 h Bo?rda, lu the penal nun of two Ukouaand d-IUm, r m1lt(>ned f >rth? faithful performance of the du?i?*a if hlf nffl'B. Adopted. S?a 'l It, shall be the Ju'y of the (aid attorney and counsel to advise the two board*. and their committees anj utSjer*, on aunh questions aa may, from tin;" to time, aiitw In relation to the bu?ines? of tha Corporation He shall keep his office in one ?f I he rrouia adjoining those occupied by the roniptrollnr aud ahutl attend to all the business of the corporation not committed to the Attorney of the 'oruoratlon; and shall periorm, without any charge beyond the compensation before npe-ifled. all such duties, in the line of hi* |irof> baton. in defending or prosecuting fuitu at law.or in equity, in which the Corporation of New York hare auy interest or noncern, and all such deeds. conveyances. contracts. reports of committee*, petition*, draft* of laws, or other papers or services aa shall he ri-qulr^d. Adopted. Hcc 4 All f ?s received by said attorney and counsel for taxed coda in any suit, or for the drawing of deeds. iu'n.'HiifH, or other paper* or seniors connected with or arising out of the busiuesa of the corporation or any of the department!* of the city, ahall be paid by him into the city treasury at the close of each month, and he r?w,!l immediately after file a detailed report thereof, v? rifled by oatU or utHraiatioa, accompanied by the ch*iub*rl?.ina receipt with the comptroller. Adopted. ?< <> > 'I he aaid attorney and oounael shall have two clnrki to ii.kl?t lilm In the performanoe of hie dutiea, who *h*ll be appointed by him, one at a salary of one ttioi's.uj dollars. and oue at a aalary of alx hundred lollarn Adopted Nvn. li Secti<jn 1st, titla'Ut, of chapter 12 of the reviaed erdinaoce*. in relation to the counsel of the corporation. i* hereby repealed. Adopted. The Mil wmh h-re Uid r.u the table, to be taken up end loe.irt tbe ep?oial bu*lnen? at the meeting of this board twA weeks from this evening I fmntlhr Mayor was received, recommending i be off '1-Idk of a reward of for the apprehenk! u of the perron who murdered Andrew Meban In I.enimril Htr'-et. on the niftbt of the lat, or morning of the o?' the present month It-filution to have the line of the lower end of the Park altered ao asto form a carve instead of angle*, as at prevent. Adopted i hi) appointment of consulting and Visiting pbyalciana r.t the various hospitals in th? Alma House departments aa nominated by the Board of Aldermen, were ooucurred in alter some 'li-bftta The resolution of ilin U'-'ai >1 of Aldermen, appointing i)avid M Ke<*?, HcuiGent rtiyslcian at Bellevue, waa iionourred in. on v>*e, of 11 to ?l On motion, tl'.o board then adjourned till next Monday evening L?w Intelligence. Cou&T of Sessions, Nov. 8 ? ZV at of Madame RetI'll for Producing Abortion?Summing up of Conn The testimony In the case of the People va Madame Keatell, alia* Caroline l.ohman. having been ooncluded on Saturday last. and the oourt having adjourned from that time to' Monday morning, the counsel on each aide were eiix?g?d the whole of yesterday and last evening, in Humming up. On the opening 01 the court yesterday James I' Brady, F.jkj , one of the oonnBst for th?i defendant. commenced the Bumming up for bis client, and occupied uDwarde of four hours in an elaborate speech, which was listened to with attention throughout. Tbe aature of the testimony on which his remark* were baaed, was of such a nature as to preolude us from glvir.g more than a condensed sketch of them _ On rising, he proceeded ao followsMay it please the vourf, and Gentlemen of the Jury. I wi?h you to give imn credit for sincerity, when I s?y that It was neither my wish, nor ray intention in the firHt place, to address any rmimrks to you in this case. I would have been {lad of be ing exmiRed doing so, although it might have be?n uiiftmi tour in me to impose the whole of the duty ou ihe gentleman who In associated with me In the defence. Ah far hs 1 arn concerned, us counsel in the are, I cotifider it my duty to state, that I have never Jinn *'ii gentlemen to oontlnue their attention 10 unremittingly to a c?s? as you have dona lu this, from its oo mencomeut to the present time. 1 am persuaded, that in (be remarks which I (ball be called upon to make to you. and which eha'l be made with no other purpose than to refresh your recollection, and throw some light ?n t he case.thai you will think that It is with that view, and that alone that 1 uddress you?with no desire to make a display, that I proceed to make a few remarks, which way bring yon to the conclusion at whioh I have arrived. I, therefore, beg of you, gentlemen, that if in the course of my remarks you think me to be guilty of error, yoa will have no hesitation in oorrcotlng me, for It Is improper aud wrong to allow counsel to make any statementa which are unfounded ; and If for the purpose of correcting error, or any other purpose, 1 beg the jury to correct me, without feeling any delioaoy In doing so. 1 will take the liberty, on the other hand, If I do not see the jury give me their attention, to say I nhali have no habitation in informing you of the fact. Now what U vhe chnrge against the defendant In this oaseT Tbb> ia the point to whioh 1 shall first direct yonr attention. 1 shall uot read to you the indictment in the case ?tuilce to Pay that it ooniains a number of counts, eacH of which 1h for rain slaughter?that the accused rXMumiitKd abortion on thn perton of Marl* liodine, she beint? lit the time pregnant with a quick child. It is ou a charge of uianblaui;hler in the first degree that the defendant in this caee id boing tried, the penalty of which, in case i> should be substantiated, Is punishment in the State prison fur not less thun four years and not more than Seven. 1 shall uoi detain you with dry remarks on the Uw or thu prcof by which the accusation tuuel he eetablhlird lle.velhatto my legal uMOciate, who win present to >he court and Jury the law by which they mil*- be guided iu disposing of the case. Having thus pallid j our a' entlun to what is the charge iu this iviau u .nn ? ?- ? * --! Ii;v? oi<^ nnuiu lu i(J. >UU relying Willi COHlide-ace oil tile* 1'uot thai you are &11 honest man, anil iliit vau *IU o'j Kob your a' ntlou to ttte ?peci>l charge before you. and nothing else, and will not ullow your into'l- to be owaytttl ty anything which dors not d rectlv bc<<roii ihu charge, I ah ill proceed to the poin's which ure n?o<bniry to be i b iihliehrd iu ihroase. The tint of th?se pri-guofcoy; that luuxt be established beyond qae*tl?n or doub ; end if in tbo testimony in the owe, bo h ?tiat giv.*n liy the gentlemen of the medical prwtV'fmioii ax well hh otnur persons, the Kentle'aii n of Hie jury come to the conclusion there if no proot. th.'y ?lli b" cicipelled to render a verdict of Wqudtal. It In to thin branch of the caso that 1 have gilm my hi : ntin, aud when 1 present to you an analysis ofthe tiutij.miy on thin point, I will leuve the roundel fur the |>roK-ouiiou to abow to you the mistake* into which I htvr fallen, or I muse fail. It will be n*eeasary ;u the tlrst plac?, for the prosecution, before they can hope f<'i a Mirdict, tor them to prove-tlret. that the prlnI|m?1 witncNi in thm ense mm pregnant; second, that the child ?? iiuick; third, tnat there was an abortion by uulawful means; and, fourth that the abortion was produced 1.j the cetend.iut; that it was an abortion not proiur.-d in the courni of nature, not by the act of Mali;1. Htdirie beraelf. but by the UefendaDt, who la churned villi hi doln* iu the indictment; and in the last place, l he prosecution u>ust prove and establish, that the deft urtitnC committed th'i nbortiou with the unlawful In* lui.t to d i i-.j It is nec^HSitry to have all those points e?*i?bliehi-d, befifu thejury can render a verdict of guilty in i J>'. Having Net u what are the charges in the uh.v?wli..t point t it is necessary lor the prosecution to . ,.v? I will .>./ I? 1.. . K? _l? ? ? ,.v, "... MI lun uiAi liy WI1UL kind of t'*stimony niu>t these points be established? i'l.ti proof on encli Hti'l all of these po.ntd mutt li* eo conclusive mi to uiQludt) any reasonable idea thai tbi< a-feu dan t is j^ui 11y 1 tr- prosecution present theni-tlvis bora to eniitblisll k criuiu agaiust tbn accusal l'hey come lu armed to tbn teeth?they come aero inv?sted with full power to produce such testimony rw 111 ib.-u' o; iuiou they uiiy require to prove tlin ofteuce u nucb umuuer an to Iruvtt no doubt in the minds of thH iu-y. And it after ward* the jury entertain a reasonable iloub an any branch ?'f the caw, an a matter of oonrro. law aut justice require tbat they should render a ?? ! .net of bt'iiuiLial Now, gentl-nwi it the jury, the tile i ppli>s io civil u? well UN criminal cases. but in th* Utiei particularly, and it i? laiddjwn by th*bent writer* hi i ie. i.^tiU' il hy the bightst. authorities it is not enough tli it ilie i>rv>?-f lit- conn isteut with ilia idea of guilt, bum uiiiat li" inc.oi ?i-tei,t with theidiftcf innocence and if tb"'? i > any uoubt, 'he jury are bouud to render a varurtf. of not jjuil'y. If there ever waiia ca?o of this kind, U iH till) oiii n ..w r.i this juiy?if there was a ease whtve tikis principle tl.nuld b? udtieied to, thin is the riw' 1 he prosecution have bad here ail the powers thi y ilf-ircd to prove t?.eir cane They have had tin 1 lii>-t of i'olicii? l hey have the District Attorney ?they ' h id the whole Police force of the City and County t.i'N-w V< rk to aid tbeui in this oase; but in ordinary pr<>M cutionn lu wbich the diitriot attorney ia oalled upon to net, lie gives no other evidence than by ezamin ?j5 lb.- indictment, and knows no more o'th* case than .'n can ga:brr by reading the paper*. But when a case occu.i ?I.Ich'excites publio interest, when a person . ? ?rraigned I'g.nnst wiom there ia strong prejudice u tlie pubili i.iujJ, the feeling reach** the proseouiion tin J l In. District Attorney. who is uo uiore thau a man, 1 carried uway. us all district attorneys have been, in li tim. n. by e strong (Wire to discharge bis duty faith fully end pri cure a conviction He thinks the eye ot 'iii' public is on biiu; and supposes, most erroneously, Itia publitr ha* sometuig to do with the trial of the <.?*? 1 i-hall ei deavor to snow that the publio has no.l iiiif to do with the verdict, and that to suppose they h V-. is oeo of the wildest lants.sies that wasever snterTniaed i y any mati The public Iras no inore right to utrude itself ' iithe sund in court, between the jury . id lUc.r < "i soisnous, th*n it lias to lutrude itself betWH-.iiariuu aud bis religion, uud his t?od I sa) that in thir- Liin prowou'lon are prepared and armed at II points Tiiey have in Orange county, where there i ?very r* ae m to believe Ibis prosecution bad its origin I d all I If aid Ibey (|. sired; end when the oase cauie down to ibis city, trie prosecuting attorney found all the tiiiblic aiit inti?? aiding him. doubtless for good ptirpnti s but which were never Intended You, gentlemen ot ilia Jury, have witn' ?"ed many trials iu this court; and in row uiuny nir" you iwiora, ia? Ain>rney i ??neral, tne Jimr ot AUorney, the Mayor, th? Chief of Poli?e, the polioe forte. including Mr. Bowyer, who, it appears, in ' h? gen? raU-n- cliitrl of 'he prosecution lu this case-how oil' ii have you nm such an array of foroe, on the part of ill prosecution, lo procure a conviction for the publio ;oo-i' And how often iJn you And 'Squire Neatle. r other 'p^utre, coining to court, for what he t; l< 1 ti subfiatiaed hi does not know, exoept to find a ji irU,'uUr iaU and nw.-ar to it, and In (Milting in gettiug witnesses lor th? prosecution It I* not often that mdi great r.eal is manifested; but in thin case, became it wkh suppoaud Home Rival object wan to be attained in roourinx a ronTietion. the whole power of the 8tat?, of *,he u?ty, and the power of Orange county, were all enlisted lu au alUuupt to prooure a conviction. Therefore there wen 110 doubt Of the power of the proiecutlon to ?u*Ulu t>ie allegation* la the obm, If they could do so; th?y br held to the performance of It to the strict I iter How hae fcli? defence stood in tbli Mil? bow diffltrer.t lien it not been u the case of defendants ordlu rtly brought her* ? Hare you. gentlemen of the jury u"t know j that until the timi we oame into court. ** knew not;what we would be called upon to answer T Weil ?l th'i indictment to be sure. We were told in the iujuUC I iiigUA^e of the law, that the defendant produced mii abortion on the person of Maria Dodlue, in tbe mon'.fi ol July. I Bid; hut on v. hat day, how, at whose ini ligation, or of ?uy lung of the history of the offeu'oe, wd were not. lufurmnj. lh'M w.i* uo preliminary examination No opportunity olferad ut to confront the witnum Klin twurn to the charge. No, she was quietly repoaiug In <!" arms ol tUe proneoutlon, weak and debill. tau d .ui it Is s?id tlni was, both in body and mind. Tb*y i?d In the botiiw of Vlr Nutim. and In the houre of -Vr ait. Ub, 10 saoludad that no ona waa I ..t'laii t?d to lea her. or gat a glance eyau at her. axoapt ( ai parson nonnaeW with fhe prooMutlon Donor Smith, who Is daattaod to figure somewhat extensively to thU case, had. however, aa opportunity to sae her ? Dr Bedford made visit there, and other persena intareated In suataining the oase of tho prossoutlon, w?M permitted to see her; bat the first time thai we oould look on her, was when she was present in court. Ertn when we looked for the defendant, we fouud her looked | up in prison. Mr. Cooke was arrested on the same proof i on whioh the indictment was framed, bat on what proof I it was, the proseoutlon hare not yet shown. We bad to j grope about in the dark tor the purpooe of dlaeoverlng : under what olrcumstaooes the proseoutlon Intended to oharge us; don't want to detain you with them; we have only to tell you that the prosecution are bound to make out their ease, and that in defending herself, the defen- i dunt ha* not had all the means whioh the law intends.? j I will now ask by what klod of proof must the accusations in the case be sustained ' by what kind of proof in civil oases, and in this case ' And when we have reached that, we *hall have done a great deal I suppose it will > nnt be dealed as an ordinary rule, that ne witness shall ' be placed ou the stand whose character Is not pure and spotless. No person should be permitted to take bis place on that witness stand, who** character has under- | gone a stain Yet to this rule, there must be exueptiona, and 1 admit that in proceedings of this kind such an exception becomes neoessary; 't in oertaio oaaes. it may be necessary to allow oertain persons, to be Instrumental for procuring proof, whiuh by no other means could be obtained It is admitted, hawever, to be the last, resort of tha law, and Is never used when the same testimony can be obtained in tha ordinary way. And in such oases, the jury are always instructed to reoeive suoh evidence with allowance The law on this subject ! is laid down in the oase "The People vs. Dodine >' 1 read it tn ?<< !< -. In m- 1 i ?. . . .. ? -j ? j - ~j ? ?" >"T l"g?l UHBOOiaiH Will read to you some of the oai'i wbich have ccoured in England, where the tights of the subject are always protected again*'. testimony of thin kind; and you will find that | in the administration of justice In England, the courts of which are guided by greater oare for the right* of the citltens than in 'America?you will find bow ouch court* warn juries against auch teatimony, when they allow it to be received I think I mentioned to you in my openng. the extent to which the court* of England went In thin respect 1 ahowed you a case when a witneaa waa not called by the prosecution, and Lord Denham called the prosecutor to awear such witneaa The proaecutor said in reply to the judge that the witneaa waa subpiened for the defendant But, aaid the judge, hia nam-* in on the pros>'outora papers The witneaa wan not in court, and for want of hia teatimony, the judge directed a nolle proin/ui to be entered in the cane. Although I would be the last man to disparage the adjudication of law and juatioe in my own country, yet I will aay, without the slightest fear of contradiction, and as the result of my reading, that althot'gb juries are the Rime in every country, If in a criminal case I waa to be tried for my life, and wanted to be guarded againat Improper Influences, or against public feeling or prejudio ), I would be tried in England in preference to any other country. The Instances in England are not un1 frequent where the editors of newspapers made remarks inteuded to influence the judgment of jurors in cases ! before them, that the editors of auch papers have been arraated for contempt of oourt?those courts have maintained that juries are not to beooine the eoho of a mob It la aappoaed that whew a jury take their oath, they are to look to the evldenoe on which to render their verdict, and not on w^at they hear out of doors There is another rul* ot erldence applicable to all witnesses, to wblcb, at this early stage of the case, I will direct the attention of the court, and in respeot to which my associate will ask the judge to charge. It is a rale which, applied to this case, will admit in ita full foroa. It is comprised in the Latin words, faltui in una, falmt in ??m<s-that a witness who ooraes Into a court of justice and in any ' point wilfully atates a falsehood, Is not to be believed at all This Is a rule of law and justice, for I will ask rou if you find a witness lying to you, to what p irtion ot her ! statements will you give creditHow nun you discriminate between the truth and (he falsehood? It Is impossible; and I ask tbat the rule siali be ap|lled hare; and if i uo vh?n we nome toexamlnw ?h uhnll flmi ?v._m not be much difficulty in adapting It to the princip il witneiwin this cuse. Again,there is no rule of evidence not applicable to Dr. Mo.t, or any other, distinguished man, i which is rot applicable to this case and to the defendant : ?the rule* of evidence adapt themselves to every thing, i except the exigencies of the case. Moreover, It Is necessary to adapt them with great exactness. I take for example a case of rape, or bastardy, (or that very case j which is now on trial here) which is a common case ? , The woman goes before a magistrate and swears she is i pregnant by one of you, and yet if you will searoh tin reoords of our oourts in New York, you will tlnd a nam' ber 01 instances of this kind, where In the cross examli nation of the witness, so muoh has been found want! ing, and so muoh contradictory, that the person would 1 not be put on trial. I would ask to what test ceuld you I submit a witness in luoh a oase? Vou oan't disprove the j charge, except by the witness herself, and she would not be guilty of the Insanity of denying what she before , swore to. So in a case of abortion, the witness will swear j to the taot, and unless her testimony can be shaken in i some parts of it, you oannot disprove it This was re{ marked in a case in 3d Hill, whioh I referred you to?a oase which would amaz? as muoh as It would astohish you, and you wou.d wonder how the jury oould conviot the party in it. T. e witness swore that the party had attempted to have intercourse with her there several times?that when she arilvtd at the captain's house, i she went in and saw his family, a r.d spoke of the pleasant ' time she enjoyed, and afterwards she swore that the 1 same man had committed violence on her. Now, Chief Justloe Broiison,in that case, said that itor similar cases do not oall for a relaxation of the rule of evidenoo, for the purpose of supporting the prosecution; on the con: trary. the court and the jury cannot be too particular to ; guard themselves agatust the feeling* which generally | influence people's minds in such cases. There is much i greater danger that iojustlce may be dune ? that there may ooeur cases in which jurom may think themselves : bound to credit that which sheuld not be credited, more farticularly if suoh is unsupported by good character, u the next place, having seen what are the rules of evidence which coutrol your deliberations in this case, and the kind of proof whl?h must be give by the prosecution, 1 now ask what kiod of proof has been given ? What has been the testimony of IVlarla iiodlne ? What i has been her character, or her disposition to tell the | truth at all? I admit at the onset that she is the indiI vidual at whose solicitation the operation was oommit; ted. and swears, is point of faot, that she was pregnant ' with a quick child, when she never oould have believed 3. ,>uw, iw wui nut uo ueuru mai, 11 me testimony 01 the witness is applied to the rules of evidence I have laid down, tliat It la not enough to warrant a conrictiou I auk tho gentlemen oi the jury if, on the testimony of this viintm, they would be willing to have their reputation or their property taken from them' Would they be willing that, in a civil action, It should be taken from them by testimony of this character ? Nor could they for a moment think of a conviction in this c.tse. The proof must carry conviction with it Now what does the law require in regard to witness** who admit guilt of any crime? Why I have read a case to hhowyou that it must bu corroborated, and in the opening remarks that I made to you, I showed to you that corroboration meant in the law, is corruption and proof of some fact Inconsistent with the Innocence oi the accused It is not enough that thi re must be a corroboration of the main tacts In the case, or the circumstances from which guilt or iunooenoe may be inferred, j but of facts, the presenoe of whioh exolude tbe idea el innocenoe. Mr llrady then referred to a case in 'Jti3 Barber, where an accomplice to the commission of bur giaiystated in evidence the particular manner of the nurglary, yet subsequently it was found that although the means indicated were used, yet a conviction could , not be had ; and in this case, the proseoution think that b<cduse the details sworn to by Maria Bodine are evidences of abortion, that, therefore, as a necessary consequence, the abortion was produced by tha person on , trial. 1 remember many years ago when i was a boy I present at a trial in the old Court of Sessions, and lls' tened to the remarks made by tn v learned friend (Vlr. ' Hoffman) on thi* very subject of corroboration. I recollect his telling the jury au anecdote forcibly illustrating : ho represented wa.i la a boat on a stream tar i ilitttaut lit) described the icanner la which the I boat could be found?bow you weru to go through a Held, then through a wood?how you were 10 I filter the wood, how to pans through It, how to reach the stream where the boat was. He wan corroborated in every particular except the deer?the , part ot Hamlet, wan omitted. (Laughter) 80 In thin n?n? .\iaria Bodine in corroborated in going into the j defendant'* house, in coming out of it. and in the other itetalla, but in the abortion she fall*, an the Indian did in the otber cafe Now, gentlemen of the jury, 1 will put t his question to you: la Maria Bodine'a testimony ao credible, that even without the tealtmony for the detence. ia the case for the proaeoution made out' 1 aay It ia not, and I shall give you my reasons. In the llrsi place she convicts herself by declining to anawer the ques lion* we put to her, or by the facta which she testified to In regard to her count ctiou wita Cook, not by any arts of 1 he seducer, but in obedience to the dictates of her own bad passions, to have surrendered the characteristics of woman, without, which she would be base and de pruved Iniheflrrt place we put the question to her, whether she had the disease wheu she wan living with Mr Cook, and she refused to answer, and for what purpose I will explalu. j'be proscoutioa, however, ask ed her whether sne had the whites. " Ves.'' she says, for three years;" and Or Moiith was asked whether he did not attend her for It. " Yes," he replied, ' he attended her for a disease which he thought was the whites " Now I think you will understand here, that the legal gentleman for the prosecution must brinx f rward wntt she did not know herself. I know i hat very frequently. us in this oase, a woman who declined to answer questions of this nature?I know that ingenious onuam-l do make ca?n which tho witness herself never heard of In the next place, ami In antieipailon of r?m?rks which I expect to hoar at the clone of thin case, about women being seduced. I will remark lhat al'hough perhaps jou may have hoard intimations some time or other to the contrary, there Is an idea prerulling '.hat I don't hold the character of woman In as high an estimate as my fellow men. I beg permission to set myself right by asserting the contrary, and If a strict invrstiga'ion was made, it would perhaps be found that I like them too much, more than too well. I believe ihat woman and Christianity are the only things that keep men from devouring each o'.her like wolves. I believe if there be anyihlng humanising on the faoe of the earth anything which preAnts men from becoming wolves and tigers and preying on each other, It is woman; b?t I say this?there Is an essential difference between women and men?in this respect, that woman may be destroyed for ever in that in which a man may be good, who has committed several of the deeds whioh , lead to it. We have bad an enquiry in this rise Into | ' Ibe character of Maria Dodine. and on this case the jury | i rook part. Waa this simply her character lor chastity^ , What was her character for truth?did you ever know ! her to tell lies.' Now we have stated over and over again ' in tills case that the mode of impeaching a witness is to ascertain her general moral character, and see whether persons acquainted with the witness will believe her under oath It Is not a question of the I Individual experience of the witness. The law doe* not i p?rmlt sny case to be tried on the testimony of In , dlvidutls. Moreover, to err Is human; to commit trans- I ' gresiion It common to msu. and there was no one wit- | ness in this case, who could not have been proved guilty , of some transgression In his past life; but as far as I am ( conourned, I never will enquire Into particular trsnsactions after a lapse of time. Mr. Brady then proceded to ahow the manner In whioh the character of man and ! that of woman is formed. The man has to devote himself to business of somo kind to obtain a living-he come* daily la contact with hU fellow Qit'D -d?y after day bis lntersst* come in conflict with those of bis fellow men, i and bis moral character Is U?Ud by bis general conduct i la enquiring into Uw obanotw of ?U. the jueetkmi j arc aaked? Dom ha dlaeharge Ma obUgntlooa ? Ii bi I man who states the troth ' ii b? > nun who hu regard to his obligations ' Is he a mtn who Is diapoced mora or In to religion ' All these thing* Indicate a man a moral oharaoUr. But how Is It with woman ? How ia it with women. married or unmarrlad ? Within what iphara of Influence. 1 would **k, Is tha character of woman formed ? There are woman engaged In buHlnaaa, and their character muat be tested In tha tame manner afl that of men; but tha oharucter of other woman muat be deotded by chaatlty, and thoaa traita whloh manlfeat themselves in private life. There Is no man who has lived even to my time, but who will admit that tha tamptatioua that lie in the patha of men are Infinitely greater than tboae of women. I mean that as a general thlog. they are not subjected aa men are to these temptations There are men who stumble frequently, and they will perform what Is right rather than be shamed among their fellow*. You know there ia among men what is 0' nsidered a sense of honor, that leads them to do their duty?that will not allow them to do a mean action; and 1 if you put those men on the stand In a court of justice, j they will shrink from the cowardice of stating what j would deprive his fellow man of his right*. Much as Is stated about men committing perjury, 1 assert that such instances are uncommonly scaroe. Take a bail man. put him on the stand. and as long as he has one reeling of a man, ask him if he is willing to lininure you in a State prison, and he will say no He will lie to take your money from you, but he will not do. That as regards ?omen, when they part with their chastity, disgrace and infamy follow them through life If she should be false to her marriage vows, she will have her paramour by her side, and will pollute th* presence of her lord and master by him Huoh la not the character of man. However false he may be, he will nevei uo thla Id tbts respect they differ. because ohaatlty Ih the basis of obaracter in one instance; and whan tbat departs. no rellanoa nan bu placed la her that Iowa tt. Mr. Brad; then went into an analyala of the teatlmony Now what la the atory of Maria Bodine In this case ' He tben went over the whole of the wltneas' testimony in the nine, with the view of auataining the points wbioh he introduced at the commencement, with i he vi-w of breaking down her evidenoe, and weakening the caiefor the proaeoution. KVK.XINn aEHION. The Diit kict Attornkt, on the meeting of the court, aroae. and proceeded to addreaa the jury in aubKtituoH aa follows Gentlemen of the Jury?It beoomaa my duty, aa counael in behalf of the people, to preaent to your condderation the clrcumatanoea oonnected with thla caae, and grounda upon whloh I intend to aak for a convlotlon of the priaoaer; in doing which, It may be proper to remark, In the drat place, that 1 am apprehenaiTe, from the powerful appeal made by the eloquent counael enganed for the defenoe, that your mlnda may have been diverted from the real matter we have in ie<iua, and presumed to you a vari-ty of ijueationa, when, in thla drama, there la but one. In wbich you are called upon to render your deciaion The name of Caroline allaa Ann Lohman, aliaa Madame Itvstell, the person now on trial, in aome unacoountable manner, appeara to have been abatraeted from your stgbt. and that of another victim. Maria Bodine, subatituted. The counael for aeouaed, who haa jttat addreaaed you, at the oonclualon of hla remarks, made an able appeal to you on the propriety, yea, even the neceaalty, of ateeling yourselves againat public opinion, and charge* were made by him against every offloer of justice who haa had anything to do with thia caae, and againat the police generally, and allualon eapeclally to the Intenae anxiety manifeated, and the dealre to be diatingulahed in the convlotton or thia woman, and entreated you not to allow the intluenoe of publio opinion to entor the jury box. The District Attorney, attar making a few other remarks relative to the anxiety manifested by the coanael for the defence, proceeded to give a detailed statement of the manner in which the ofTenoe In question waa brought to the notice of the authorities here, and the coarse public oflioera bad puraued In conducting the prosecution; in the course of which he remarked, tbat In the month of August laat, a communication waa received from Walden, Orango county, in relation to the caae whereupon an olttcvr was dispatched to attend to it, wkioh resulted in Maria Bodine coming to thla city, and being placed in the house of Vlra. Horton. aothataho could not be approached by any one ; that after remaining there a abort time, she was removed to the rrtsiut-noo ui a inr. i^oviud, witn a view ?f allowing no one to r?ach her ; that the public authorities were right in placing her in a situation where i>he couW not be seen by any except a few honeat persons, who were endeavoring to bring the prisoner to public justice ; that while at Mra. Horton's, the witness, Maria Bodlne, was brought before the grand jury ; neither the District Attorney, the Mayor, nor any public officer, had any interview with her at that time, and she was thus allowed to go before the Grand Jury and tell her own story. She did tell it, and It resulted In Madame Restell being indicted on the 7th of September last. On the I Oth, she was arraigned and plead not guilty, and then notified that she must prepare for trial, as It was the intention of the prosecution to try her in the course of a few days. When the day set down for the trial arrived, the prisoner's counsel made an application for a commission to procure the testimony or Luther Malllard and wife, then residing in Massachusetts; also, one Horace Armstrong, represented to be living in New Orleans, whioh application was denied, and the cause was Anally set down and brougut to trial. The indiotment, charging the accused Ann Lobmao, aliat Madam llestell, with having on the 19th of July, 184(1, by means not clearly known, produced an abortion upon the person of Maria Bodlne, then pregnant with a quick child, was then read by the District Attorney, who next proceeded to state to the jury that it was their duty, I first to find whether Mariv Bodlne was pregnant or not; ?eoondly, If pregnant, whether she was pregnant with a quick child ; thirdly, whether an abortion had been pro uuucu upuu usr. muu iui, n w, waeiuer ue prisoner had produced that abortion. Owing to thn late hour at which the court adjourned, and the orowded state of our columns, the greater portion of Mr. McKeon's remarks are unavoidably omitted until to-morrow. pt-FREMK CorRT, Nor. 8.?Special Term?Before Judge Kdmonds?Decisions?Lorin Hrooki vt. Hufut Ate LeHand?The rule for holding to ball in actions of tort is that in all cases^where a Judge's order Is necessary, somet lung more must be stated in the affidavit than merely a cause of action?some specific cause must be shown in addition, such as that the defedsnt is a non-reeident, or that he is about to depart out of the State, and thu like. A resident of the State cannot in inch cases bo held to bail unless evidence is produced to justify the apprehension that he will not be within the jurisdiction of the Court to antwer the demand,when judgment shall be obtained against him. Mai>in vt. Janet rt alt. Executors ?Motion tint the defendants, as executors, pay over to the plaintiff certain money s? decreed became the parties are actually interested in having the money retained?have not received notice of the motion,nor been heard on the question. Burt v &:>oih\it.?Motion to dismiss bill for discovery after answer, granted with costs Hawlry vt. Iliwley -K.xeeptions to master's report allowing alimony overruled and report oonflrined. The People ri rel Griffin vt. Steel anil uthttt ?Motion to amend alternative mandamus, denied so f?r as the documents are ooncerncd, and granted a? to the residue. .hnerican Life ami Trvnt Co , George T. Tainan and oth'Ti, adi lmac R Harrington?Motion to dissolve an injunction It is irregular for the plaintiff to file an Injunction bond unless its execution be duly proved or acknowledged. After the Court of Chancery bad dissolved an injunction on a bill between the same parties, It was Irregular, upon dismissing that bill on a new bill, substantially the same, tiled In this oourt. to obtain an injunction on an ex partr application to a Judge at Chamber* Injunction to be dissolved, with costs, in 30 days. with leave to ihe plaintiff within that time to apply for an injunction on a proper caae Oraeit vi. Thompion ?Motion to get aaiJe an order of . reference to compute the (limine* which plaintiff suatain?d upon granting an injunction; granted because the pow#r of appointing retereea la conferred on the court above, and not on a Judge cut of Court. Before Judge Kdwarda. Chap in vi. Cleniika.?Order granted staying plaintiff from any iurther proceeding* under the execution, to | collect anything which occurred before Auguat 'Jftth. and pay the coata of tbia motion, unices he tllea his l>ill within'JO day* for the purpoae of correcting the | mistake in their agreement, in which event judgement i and Ji fa, with the lien, to remain asseourity. Dry Dark Mrthudiil Kpitcupal Church vi. John \ Conn, tt at.? Order to show eauae dismissed King v Ktthr. ? Order granting perpetual atay of psoceedinga in all aulta except the flrat. ??uitv 8n>k?Special Term?Before Judge Kdwarda ? Motion to dissolve injunction and discharge writ of n* exeat?JIntonia Sum/air ico and Salvator I'atti rt, Sruto Bmrdrtli?The plalntiffa. managera of the Italian opera In thla oity, engaged the defendant In the aummer or fall of 18)0, In Italy, as flrat tenor, at a salary of $416 a month, to sing and play at suoh times, In such manner, and in such places as they, the managets, might direct, said engagement to commence on the ? day of < October, 1848 On the third May laat, the parties entered into h aeoond engagement on the same terms, > wlilch was to oommence on the ? day of October laat. | .nil fn nnntimiA ntaf.ll ' ? ?J? * -? ? ? uruer vo carry out the lut contract. the complainants went in the early part of la?t rummer to Italy, I a largt* troupe or ooupany of performers, which tliey brought with them to thin city, bavin* previously in the month of May, abnut or snorily after they entered into the contract with defendant, taken a bouse and premise* in Alitor place for five year*, at a yeirly rent of 11(),6(>0, to carry on the performance.* On the first of October they called on defendant to attend the rehearsals,but he declined, and thereupon tliey filed their hill, stating the facto abovo mentioned, aud that the defendant had entered into engagement* with Madam Bishop and other*, to idng at Boston, Philadelphia and other plaoes; in consequence of which their egtabiiahment would be broken up, and they themselve* greatly injured, ho., and praying a upeoiftc performance of said contract, and an injunction to reetrain the defendant from entering into any other engagement* in thin city or elsewhere, and also a writ of nr exeat to restrain him from leaving thi* city until he had performed hi* contract. The Injunction and writ of nr treat were granted, and the defendant wa* arrested under the tie ixeal and oompelled to give bail for hi* appearance. A motion wa? made thi* morning to dissolve the injunction, and dlsuharge the defendant from the nr treat,by Mr. Robert Kmmnttjun. It appeared from an affidavit made by the defendant, that he arrived in this country in September, 184rt, as a member of an operatic company, of which the complainant* were the manager* ; that they engaged bim at the city of Milan as first tenor for six month* at a certain salary. In May la*t, the complainants were pressed for money, and defendant offered to assist them with $ 10(H)? that Is, to lean them $aoo, and to allow them to retain $/i0O which wa* due him on the foot of hi* first contract ; they agreeing to I give him 9100 out of each representloa of an opera called "Hemaramlde," about to be performed In October last.In part paymentof his loan, and a* a further security, they gave him the guaranty of Mr. Kellx Argent! 1 hey shortly after set out for Kurope to engage a company to perform In the winter of 1H47, at which time defendant gave them direction* to pay lii* brother, who re*ide* in Italy, $600 out of the debt of $1000 due to himself, which pnyineiit he alleges they neglected to make Finding tliey bad not paid hi* brother the $000. and not having paid any part of the balance to himself, he wrote to them on the nth of October for payment of the whole sum, to which they replied on the 7th that they were willing to pay him the $1000, upon hi* giving them a guaranty for the faithful performance of bit last contract. To tbla letter he rejoined that be wu willing to M?oept bU debt, ?nd to fife Umb tuob guaranty an they required, pro rMrt t??y fir* his guaraaty ttet hit **J?rr would be pnnotually paid, and declined to at tend the rthM?l | until thowe tirmi were compiled with Judgment re t erred Mr Hedffwlek for aomplalnant* Maura Kmmat, mb. ud jr. for defendant Simmon Coubt, Not 8 ?Before Jul** Sandford ? Oaktru vu HoioUnd # JltpinwaU. ? In thl* NML whloh | i wee tried before J udge Mandford but term, without a jury, he gave judgment on ttaturday for the plaintiff for l $44,000. It ! proper to remark here that Howland k Aaplnwall are merely nominal delendanU, a Mr Baker, of the lslsnd of Cuba, be ng the real defendant, Howland V Aipinwall baring executed a bond a* hi* agent* in thia olty, upon which they were au?d, and the Jjudgment aboTe mentioned given. Common Pleas, Not. 8.? Before Judge Ulahoeffer.? Henry Meifi * Edward F?r?Action oj rephvin to rtcovrr a Baker'i IKucon.--The defence waa that defendant had a lien on ttw wagon for work and labor, and that the wagon wat deposited with him until the lien | waa satisfied; seeoudly. that one Thoma* Bill had a pecial property In it, it having been mortgaged to him Verdict for defendant Kor plaintiff, Mr. Wales; for defendant, Mr II Morrison. United Statics Mammal'* Omci, Not. 8.?Capt. Hhlnn of the bark Iwenowae, wa* arreated thl* morning and held to ball on a charge of having assaulted one of hie crew with a dangerous weapon, on the voyage from Bordeaux to thl* port. CouaT o? ArecAL*.?The first session In thia city of the Court ef Appeal* oommencee thl* morning, in the chamber of the Board of Aldermen. Clark, Brother it Co.'i superior Diamond Pointed Oold Pens ?No person who wishes to write with esse ; and pleasure, *huuld lie withoe' ouc nf these truly liesatifal pen* Tlice is uo pea yet offered the public thstctu successfully compete ?ith thein. They ate for ssle, wholessl* sad retail, ? ltd gold sud s lver Ten suil 1'encil Csses. of sape nor styles, ai iwir omce >o. 33 John street, corner of Nuuu The thwpeit mi<I beat |)i?c? In the city to > get yonr boots, atioet, or gaiters, u at Jone's, 4 Auo street, I urnr the Museum. You can net there 11 good boot* far l< in na ran be purchsaed elaewher* for ST. l^uite aaaving He alao aolla a lint rata boot at S3 SO, which is usually s?Td for $S? Doub'e aoled water proof boota at t< SO, SS 00 and *6 00. Joues haa the tme syatem of doing buaiuesa?light ei|ieuaea aud ainall profiu All gooda nurchiaed at 4 Ann alreet are warranted to giveeutire aUisfactiou. Hnt Cutlery.?Thr. subscribers have paid particular attention to thin branch of their buaiuess, and hive on hand at present the moat br uulul and well seletifed asaortmeut of peu. pocket, desk md sporting Kuivea iu me city, with a large variety of poh?hr<I sten1 goods. Razors ground aud act at (J. MAUNDERS h HON'8, i 177 Broadway.few doora r.bove Couribuidt alreet. Metallic Tablet Razor Strop?The attention of ileilera ia iurited to thia article, being made of the beat material, city manufacture, aud under the a ibacribers' immediate superviaiou. They have, in all casea, rendered to purchasera the moat perfect satisfaction For ?ale at ?. SAUNDERS Sc. SON'S. 177 Broadway, opi oaite Howard Hotel. Richelieu Diamond Pointed Hold Pena?B. E. Watson U Co., 4S WHIum street, one door below Wall at, end J. Y Savnge. 92 Kulton at, are prepared to aarply purchasers with tnia admirable peu which will write better and last longer thau any other pen in the world They have the eiclutiveaale of ine "* Richelieu" pen, which they offer, together with every style and <iuality of <*oId. far cheaper than any other dealers. Gold feus at (I, $1 ISaodtl S?. Hold Pena repaired. Premium Uold Pena at 91 '43?These cele? brated Pens, together witu Brown's, Hayden'a, Spencer's. Bagley'a, Cougrras, Hogera'a, Prince A'beit. American, and mauv other atvles. nil warranted genuine, can be htd of J. W. OHEATON Ik. CO, Manufacturers and Dealers, 71 Cedar strtet, New York cheaper thou at auy other honae iu thia country. Persons bur iug to sell again, will conanlt their interest by calling upon * ireaton Ik Co., where they can get juat wlut ihey want, without jiafiux an extra price. Gold Pena iepointed aud repaired. The Goodyear Rubber Warehouse, 100 Broadway, coutinuea to keep,as heretofore.the moat extenaive auortineut or over lioen, clnaki, coats, ponchos, hmitiUK booti, together with every variety or patent Rubber fabric*, now manufactured ;and every person in want of Rubber goods will And it an object to call at 100 Broadway, opposite Trinity church. fllO.NICY OIARKRT. Monday, Nov. 8_U P. M. There was a madurate panic In the (took market today. It was emphatically blue Monday. Nearly every took on the list fell eff from a quarter to one and and a half per cent. At the flrnt board Treasury Notes declined per oent; Ohio Sixes Ml Pennsylvania Fives Ui Reading Bonds ??; Farmers' Loan 1; Canton XI Norwich and Worcester IX; Reading Railroad IX; Long Island \}i] Harlem 1>?. There were Hales to some extent at this depreciation, and there was evidently a disposition to realize. If the bottom has not fallen completely out, it must be reaohed before long at thli rate. At the second board Harlem fell off H ; Canton Company X; Treasury Notes advanced X; Canton Company and Reading Railroad The recent suit in the Supreme Court, in which the President and dlreotors of the Jefferson County Bank were the plaintiffs, and Prime, Ward & Co. defendants, was brought for the purpose of determining the virtue Oj the act.called the StUlwell Act, under which the defendants were arrested. The object Of the arrest under this aet was to compel the defendants to make an assignment of their property for the benefit of their creditors In the United States, and for the purpose of preventing the defendants from appropriating the assets now in their possession to the payment of debts due in Europe A built half a dozen other suits similar to the above, brought by bank* in this city, depend upon the decision in this; they are all ef a friendly ctufraoter, and the best understanding exists between the partiee, the objeot being merely to settle the point! at issue relatlvu to the Stlllwell Aet. The Syracuse and Utica Railroad Company have issued a call for an instalment of ten dollars per share on the new stock, payable on tbe 20th Inst. In this city the place of payment is the Amerloan Exchange Bank. The Miners1 Bank of Pottsvllle, Pa , has declared a dividend of four and a half per oent, for the last six months; and the Schuylkill Haven Bank three per oent The New York and New Haven lUilroad Company have called for the fourth Instalment of ten dollars per share, payable in this city, on the 3-.M of November at the office of the Company, No. J Hanover street. The returns of the Bank of England for several periods present the annexed oomparative statement:? Bank or Knoland 1M7. July 10 Srpt.u. Srpl. 25. Oct. 9. Note* IMiied... .?23,304.805 22.307,140 22,I,I0.875 21,961,581 (ioldcoiil&bullioil 7,905,963 7,2*4,110 7,115,145 6,935.349 Silver bullion... . 1,391,812 1,023.030 1,005,03* 1.036,236 H'kinit Vrp't Rert 3,551 551 4,000 004 4,041,012 4 087 552 Public depomti ... 5,245,017 8,165,782 9,417,851 9.414,713 Other deposit* ... 9,305,323 6.980,?93 7,484,042 7,713 896 Seven day 8c other bill* 841.386 814,452 819,785 863 487 (lov'ut ?ecuritie? . 11,636,340 II,*16,340 11,636,310 11,426,340 Othrr trcuritie*.. 16.747,037 17.80?,?? 20,007,232 21,437 143 Nnln ... 4 HI 110 * W 4 I 12 240 IJHMI Uolil k ill ver coin. "tVu70 "?7,93a '491,828 "417164 The actual elraulatiou of tho Hank of Kngland for the four periods mentioned in the above table, wm m annexed:-? CIRCULATION OK THK BAMK OK KMII.*>D. 1817. July 10. Sfpt. II. Sept. 25. Oct.!) Notes issued... .*23,304,804 22,307,140 22,190,875 21 (VMMon hand 4,381,340 I.IMS,474 1,112,''90 5 321 700 Actual circulation. ?18,973,474 I7.870.444 18,078,484 18,639.885 These returns exhibit a great uniformity in tbeaotua' circulation of the bank. An increase sinoe September bax been realized, while the aggregate decrease in the issue has been but little over two million pound sterling. UuriDg tbe time thli decrease In the circulation has teen going on, the drain of bullion haa amounted to A'7.118 ftftO?the ^difference between tbe decrease in specie and tbe decrease in circulation, being in the decrease in notes on hand, or reserved notes. It, therefore, appears that under the new bank act, the actual circulation is not regulated eutirely by the amount of bunion on nana, oeyonu ine government Mounting, but j principally by the fluctuations in lh? amount of reserved notes. lu this way the aotual circulation of the bank U made very uniform, and sudden expansions anil contractions in the currency prevented. When the clreulation of the bauk has been h? uniform daring the psst three years, what ground Is I here for the loud complaints ngainst the movements of that institution, which the London papers are fllled with ? Had the new charter been tree from the wholesome restrictions which it fortunately possesses, and the bank been at liberty to have oxpanded its circulation to meet any demand from the commercial classes, to carry on their rapidly inoreaslng trade, or from the railway speculations, to pay up th? Immense calls monthly made for the constrnctlon of these works, there would have been no complaint until the bubble had reached a greater tension, and Its explo. slon had destroyed the bunk, everything connected with it, and the commercial community at large. Had the bank not been compelled, by the restrictions of that act, to confine its circulation to certain limits, or in other words, had not the issuing department been separated from the basking department, and been made completely independent of each other, thf r? would hava bean an expansion In the operation* of the bank, In proportion to the Increaae of trade and speculative movrment*. until everything bad become *o much inflated, that whan the ooliapae came the craah would have been tremendou* A* great a* (he revulsion ha* been, It haa been trifling to what would have been experienced had there been no check* upon the movement of the bank. We have no doubt but that the reatriotlons placed upon the bank three yean ago by the I'eel act hare been* In a measure, the cau?? of the present embarrassments In the money market. The commercial classes of Oreat Britain it appear* had not tha fllghteat anticipation of the bank Interfering In any way with their operation*, they involved themeelvea In every apeolea of speculation; j mad* Immense Investment* In unproductive property In I tha moct remote (action* of tiis world ; engaged In the : mo*t magnlflcaot scbeuus of publlfl work*, and went on a* though thare wn no limit to ospltal or credit The , tsua*DM uUot of thm ?ove?eH? required treaty [ + - - ' - - ~capital than those engaged could ooiomuid and credit* ' ' began to giT* way. confidence beoame impaired, the cur riBO]> *u found inadequate to Oil th? vacuum, and the re- I ult ?a? ths suspension o( those houses which hadbeccma I so deeply involved aj to bo beyond redemption When oon- 1 fldence la (Irmly tsUMiahed, a >?rjr small volume of cur renoy will sufflce to oarry on the operation* of commerce, 1 aa individual oredits form tbu baaU of tbe bulk of mer- ? oantlle transaction*, but when the system of credit U " deranged, tbe currency becomes tbe principal regulator, ' and tbe equalisation of exchange* la conllned entirely ? to the movement* ot specie. Tb? prime canae of*he ^ ezlitlng difflcultie* in the money market i* the deflcien- ( oy of capital and credit. The volume of ourrency is not 1 defloient, and the Increase in tbe issues ef tbe iiank of p Kngland would have no direot influence upon the publio * uiind toward* restoring confidence. Any relaxa'lon \ in tbe restriction* imposed upon tbe issuing department j of the Bank of Kngland would therefore havo no lnflu- (. ence In reat"ring that oonlldence, without which, it i* j Impossible to keep the wheela of commerce iu motion. H Tbe rapidity of communication between the most re- ^ mot* aeotiona of the world, la such, that lea* capital and K lea* currency are required In commercial pursuits, than ^ when steam communication wa* In It* infanoy; but ? while thi* baa been tbo effect iu tbe*e things it must be h remembered that the more frenuent the internnursa \u>. 11 tween large commercial nations the more extensive are N their transaction* with each other, and the growth of ^ credit* must be great, although not in a corresponding C proportion. ? We have an illustration of this in the baDking move- II menU of our own country in 1888 the banking capital }' of the United Htate* wn $313,008,0611 and In 1B46. $ 190,- V tttfl.SUO In 1 836 the circulation amounted to $107,'J90,- ?, 914. and in 1840, to $ 106.664,4'.*7. This show* an immense filling off in the banking capital of the State*, and a s trilling reduction in the amount of issue*. With thla * reduction money la more abundant than it ?aa in 1830 V notwithstanding tbe vast increase In the internal and J' sternal builnese of the country. We see by this, the value and importance of a high (tate of oontldence, and % a proper and healthy pystem of credits, these fill the vacuum caused by any reduction in the bauklug capital (. or circulation, and preserve, so long as they are kept 'J within judiolous limits, a prospert us state of trade; but I when speculations, in article* of commerce, and extrav- J stance In private life, are carried to such an extent, aa > to derange credits and destroy confidence, the currency ' becomes reduced to pur* speole,whioh is known to be entirely inadequate to caxry on oommeroe, and tbe greatest embarrassments , are .experienced, [and the ruin of many inevitable 1 Mtock Exchange^ (MOO Tress Notes, #?, I0(i 100 shs < autou '"<> , 36000 do 100* ill HtooiiiKtou H It MH MOO Peuoa Si fiOds T/'i MNoraud Wur i MOO Ohio1.0 9:'i 1)0 do 3} 1000 Ohio 7?, 101 4 do 36 10000 Headiug BouiU OH V 'J) do Dec 23 33*? 1CU0 do. Mo't Bd? (il\ 2j N Haven .V Hurt 'J lilt .*? . J ?ti? Del St Hud ?ciip 180 253 Long 11| KU 27 11 100 Htadiug UK >60 54 ij tj'iO do 26 g SO do SI Si 200 Harlem UK 12*, 200 do 34 M 100 do 42V 8 200 do J4?j 200 do 42V SO do b20 S3 1?0 do blO 42,V . ISO do SS SO do blw 42 V * 636 Farmers Trust 25J* Hoo do 4 2 1011 do b!W 27 100 do (10 42 SS Moliawk K It 68 300 do 4 >,V S 2S Canton Co 28}? SO do ?30 42 ? 75 do 28 ti Krie HK 61 SO do 28.V Keconil lloard. w $5000 Treat Notes b?, 100 V 300 ilis Harlem MH 41V c 3000 do 10C1. 200 do 41V c 300 do 101 200 do tlX g 3000 Ilia fundable Bd* 38}? 50 Readme Rlt 55.V 100 slit Harlem KK 6ma 4 1 300 do sUma SS SO d.i ilO 41V SO do 60 ds St>X a 100 do 130 4IV IS Cutno Co 2H 100 do 41V 25 do 27* < 100 do ilO 4IV 200 Farmers Loan 26 New Stork Exclungi. SO ihi Harlem 42 V SO <hs Harlem KK 42>? ' SO do b3 42'7 SO do C 42 t 100 do 417* 50 Canton Co 28 . SO do 4l>i 2S do >4 21\ * ISO do s3 43 SO do b3 28 ISO do 42 SO Look Uland Kll 26V SO do C 421j SO do 26 V CITY TRADE REPORT. New York, Monday ArrrRNOON, Not. b. The market for flour remained about the same an at the close on Saturday. In some canes there was a alight concession in fator of boyers. Wheat was held aboye the views of buyers, and no Rales were reported. Corn | ?u leas active, and dales chletly confined to Western mixed, at Saturday's rates. Hye wan lumo less Arm. Oats, on the contrary, were in some better demand. Pork was selling more freely at rates stated below. There was a fair 'demand for sugar, at steady prices, and sales of Musonvado were made on term* which Indicated lnore?sed flrmne** A cargo of Brazil new coffee had ] arrived, which was held at 7He; It is to be sold by auotion on Friday next. Aihki?Sales of 100 bbls pots were made at $7; and small sales of pearls at f 8 87)5;. < B*r.*i>?ri'KKii?The sales of Genesee, Oswego, , and Michigan, footed up about 7aw000 bis . chiefly at $0 26 a$6 37X, including 500 Michigan at f>6 26. 900 bis Oenesee. of rather extra quality sold.say oOO bbls. at $0 ao; 1 J"" do at to NK| and mo do at $0 i'> J>,. and :JtK) do fair t brands at $8 37 ; J a 300 do were reported at $6 31 Si', common quality; 360 do Livingston mills, delivered, ' rold at >6 12*. In Southern there was very little doing, ( and we only noticed small sales of Petersburg at $tl 02>{. Whtat?No sales were reported. For pure good (ienesee there were sellers at $1 60, and buyers ai $1 16 ? Com?Sales ot 3000 bushels high mixed were made at 73c., and2100 bushels yellow, delivered,sold at 76c ; 10,ooo bushels of mixed were sold, deliverable In 00 days. , sellers option, at 66o hlral?SaWa of 200 bbls. New Jersey sold at $3 jo; 30 ) do Pennsylvania were reported sold t $3 6^, and 300 do good Western at $3 26a3 '26. New Jersey were reported at $3 37.'?. Ry? Sales of 1200 bushels ware made at 00o ; hoo do sold in the slip at 95o; and 22<Jb do sold on private terms; 800 do sold, delivered, at 96c. Uye Flow - City ground waa held at $6 60; 100 bbls extra, this State, sold at $6 60. Harlry?Hales of 1600 bushels handsome four rowed, were made at 00c.; and 1400 do sold at the same price. 0*r??The market was some firmer, and 40c. refused for a cargo of canal. B?.a.ks?Sales of 300 bis. were made at $1 36 per bushel. : 1 Candles?Sperm were firm at 33o. Cornet?A sale of a cargo of new Brazil was to some I off at auction on Kriday, at private sale, it was held at | 7o In other kinds we heard of no transactions of mo- : ment. Cor to*?The sale* to-day amount to about 1200 bales, about one half of which was taken by spinners, and the ; , fulfill* by Contlnental|*hipperi') at a decline of half a ' cent, on the news per Caledonia. Ki?h?Dry ood were worth $3 fritf. There were no arrival*, and no sales reported. Mackerel ?About 400 bbls had arrived, which were held as 75 for No. l's, and *6 75 for No 9**. 1 Khi. it?liunch ralfiins continued in steady demand, and sales ot about 1000 boxes were made at f>l JO, four ( month* The market was <|ulet at (140 a $150 per ton for American dewrotted. I.kao? Pig wm worth about 4>^o per lb. I Moi.Afit H -The market wa* nteady, with fair xalr* at lait week'* prioe*. Naval Stork*?Halee of 100 bbla Wilmington ro?ln I were made at 76c. Spirit* turpentine wan dull, and no *ale* reported. l<aw was In moderate supply, and price* the tame. Oil?Sale* 1100 gals. Knglleh were made at 6(Sc. City preued American continued ta *ell at 69 afiOo c??h. 100 bbls country at Wo. one per ceut off We heard of no transaction* In crude sperm or whale. Hales of 10 000 lb* palm oil were mad* at 7>^ a ii e's. runritiiiNi?The market WfUl dull. 1000 hlil* menu pork were reported sold at $11 J6; |(N) Jo liy retail mild ' at (14 60, and 100 do at $14 ii>. Sales of .'UK) to 6< 0 do prima were made at $10 37X to 10 43>?. Lard?Hales of 160 bblslsrd warn made at 0% to ftcents slaughtered hog* we quote at US to 7,S centa. Mutter and cheese, do change. Ricr?Sale* o(l !5 tierces, just arrived, were made at aboat $ 1 31 Hk?.u ? Haled of l.'>0 bbls clorer were made on private term*, for export, supposed to be at about 7,'i cent* per lb Hijuak?Hale* of. 160 hhds Muscovado were made at 8'? to d1* and Itttt huda New Orleans were sold at auc tion, a considerable portion of which was poor, and brought 4?t to 6 tin cent*. 4 luontha. The remainder wax of fair quality, and sold at 0 to tf'?' cent*, caah Tjm.o* -Hale* of 6000 to fiflOO Jbx were made at 10 eta WHAi.r.aoNK?No salea were reported* WnnKt v - Hale* of 76 to 80 bbla Htate prison were made at 30 ots. Kiikkiiiti? Cotton to Hamburg w?* worth Pi et; to ( ilaagow, cheese was taken at 27a (id, oil <it '.'A*, and tluur < at is; to Liverpool, corn in bulk was taken at (Id. pork , at ru, and aotton at '.d to Gil up: to Havre, cotton win taken at \ Kate. were dull, and the packet of the atn ' had not b??n filled. ? einrrled. ' At lihaoa Nln Vnrlr. nn U'edne dav, the 'Id iuat , by the R?T.~Mr Walker. U VV. ItomiasnfT, of Baltimore, to | I philum, of the former place On Thureday tfenlnir. 4th Inst , at 8t. Matthew'* | Chureh. Walker atreet. by the Her Charle* K. Htohl- | nan ili'?r( ' to CianLtwr V , err-ond daughter , i of W. W. Petrle, all of thl* olty. 1 *. 1 Nkw vohk AUADKMY ok MKDICINK?The New Vork Ac ulemr ot Medicine, will celelirste it? first An- I .nersaryat (lie Broadway Tabernacle, on Wednesday evei.- ] ink (he ICili iOil., at 7 o'clock. The Hcreri nd < ler*y, the ) .Vlemheis of the Bar, the Medical Fiolession of in vicinity, with their lamil es, and the public generally, are re?i eriliilly muted to attend I he Oration will be delivered hy l)r JOHN W. KIIAN CIS. k. campb* LLNTKWAKT, m. u., Chairman Cum, of Arningeineiits. i Wil l.i*?i I*. Burl. M.l). Mecretary. ug Jtis'rc C' LAKKfc'K HACKS.-U. b. CLARK K, Merchant Taiior, ' ' 111 William itreet, o| i?oaite the Washiuatmi Hi.rr*., liu I a rery handsome rturk of overeoa'a and bndysacka, the prire? ol ? hi'-li vary I r?> in till m fit Alan, cloiln, mssimeie*, ,md leatibii made up to timer, nt low | i icea. I,,r ca>h ./nly. My \ 1 brown and black sacka are liaudanrnely trnnrned, with velvM ; 1 c lb n and culf?, anil lined and wadil-d entirely h'.'ne bate I r chly worked ailk fiouta. I Overcoats made to measure at the very same pricea at wInch | il.ev are m|4 r?dy m*4?, o<n <th't ROBfe.HTn'8 NKW HTVLK HOOK I'l.AJ'Kn |;h. most lashiuoahle and splendid Oothic Pattern I>tn?r and Mnmker Pla'es to be lonnd in Die city, are made by K Ho- 1 brrts. Ml Broadway. They are entirely new and original de- | siL'iis, and received tin premium at the lest twn Kairs T^oaa | who desire something new and splendid on thru doors atv iu- ' * ted 10 i-all and stamina the above, II. Broadway n? ?!% r UP M ?aa Near Prtacf ittttt. I ro THE|.LATE3T MOMINT, BY KLI^TiriTTILBORAPH; IHlMM-hUMtU EIccUm Bmtoh, NOT. B? Tbn followtBf U the reault of the election for <*OT?ror In tbli HUU, u hr u hear J from, compared with lat cf 1?4? ? iSrifgi. CutK- Seat- Brigf . . ia| tenng- ItrinM. t,??? ?H 1342 tIM IIM III '"' f* I7f 13 248 IN *J u? iii iw hi n s -.11 *' '* 8M H7 OW.I1 1212 H !?? U< aaa leading... * 91 l?l S3 ?i Ve?t 1 ambridga"*" A. * *32 < 76 tVilmiiiglou. ? V. . . ? J 90 101 7 Iramttee .... ... ... 119 ? ?! ,U " !">fkllu? 131 iS J'jJ * ?' ph." ?S ' ?* ? JJJ } > JJ g? ffi ? 3 8 tAughtua |77 |71 "J '! Vermouth 116 130 .. m Ill i? in ioa 107 i?i J; UJ 92 ?j j4l 7, *1 luviton 119 413 .. hi ? lortli Bridge water... 290 1J?. .."ft ai ill /e.t Bridgewater.... 104 26 46 log ? averhill 494 ?j 3* m w ' "ich 171 IM 00 164 >9 73 5W 708 IS) Mi ill (7 lethuen IM J7J .. Mi 175 l? "*<" 44 IV .. 47 119 10 "<"> ? <60 ? 40 103 ? aiubr.dge g7J ,47 17> m M || oucord H? 171 li 117 140 M c? 131 29 M 430 24 loi'kiulon 87 134 47 7 100 6) etnugtoa 147 to 23 129 M 15 .'"'.'ton 74 1J7 140 < II ilS/t? I0# 100 m oo ua io? "H<>rd 197 1M 34 09 150 M latiek... 201 77 34 99 139 30 "'"I"*'*11'* 719 04 61 101 41 IS outh reading ;63 103 64 9] 7<? ft) tune hi in 04 19 31 101 141 JT {,"7,? ?? m .. ti li 5*l'h*n 17 II 61 300 0 ' ton 76 10t 10 214 10] 13 .au e alter 2?9 ](lg 104 94 ^ 4, i? .? F 07 *9 90 165 104 I* voatboro' ill |9i 97 % M a orehetter.' 41J JO so 199 117 47 - 91 73 37 4 04 73 li feedhain 94 697 34 72 jj Loibnry 793 m )ts 79l jj| 41 rtetnwn 43 14 44 46 IM 30 union 117 160 il 6S6 *7 49 ^b'1l,?t0" 210 101 99 2M 130 !? !rllJ?OWator Ill 121 21 200 107 33 ??? bridgewator ... 131 9 39 131 114 M iHliuitf ,i? ? 131 .J J ; tiiddiebofo'V.'.V. ' tft T! 4M IT HrmnoriBLD, Not >th?Midnight. 1 ?<-nJ you the following election returns ? Springfield whig by 70 to 100 majority, and eleeU 6 whig representatives Hampden Co. Briggs, 3-271 ; Gushing, ?.2< 9 ; Bewail, kbolition, 409. Last year, Briggs, 3,067; Davis, a,479; bewail, .109. No eholce for Senator. Last year 1 whig ilected and 1 no choice. Hampshire Co., 17 towns, Briggi, 'J,480; Cuahlng. 9M( Iewall, 659. l.aat year same, Briggs, -J,306 ; Davit, 943 , lewall, 5'Ji? i whig* Senators ohoaen. lWprssentativss o far?7 whigs, J looos. Berkshire Co., exhibits a gain of a oouple ef hundred or ( ushlng. No ohoioe for Senator. Woroester Co , lOtowns, Briggs,'J,181; Cunhing, 1,6?3; iewall, 61ti. Same last year ?Briggs, J,301; Davis, 1,44?; iewall, 087. Senators doubtful?probably no ohoioe. Franklin Co., 8 towns, Briggs, 904 ; Cubing, 7M ; lewall, 76. Same last year?Briggs, 876; Davis, (MS ; iewall, 97. Trobable wblg Senator, though perhaps bo hoiee. The democrats make hare and there a gain of a repreentative, bat the Legislature will be strongly whig, 'robably no ohoioe for Governor. The above returns were klndlv furaiahed ma bv the Sprinffield Ripublican. The Jltlat tipMM JMMd hrough here about half past 10. The Republican pre tared and collected them. New York Election. Alsanv, Not. 8, 1847. Tamblln, democrat, 1* elected to the' Senate to the Jefferson county dlatrict. The whig majority for Senator in Lewis, I* 200. Crooker, whig, U defeated In < attaraugus oounty. Ijom of the Ship Empire* Philadelphia, Nor. 8. The New Orleans papers of the 1st instant oontaio nothing new. The arrival of the Charleston announoes that tbenhip Kmpire, from New York for Vera Crua, with oflloers and soldiers, was totally wrecked near Abasce, on the 17th ult. All saved ezoept the helms man. She was valued at $M,000, and inrured tor that amount in Wall street. [The Kmpire, Capt. Kussell, left here on ths 12th of !)otober, having on board companies L and M of the 1st, iud L and M of the .Ird artillery, numbering 400 mm, under rnmtn&nd of C.ant V?n IVm? a# ? ["he Kmplre ?u a One tthip, formerly in the LWerpaol rade, and only three yearn old. She measured 10JO.tone, mil was owned by Messrs. D It A. Klngsland, of thU :Jty. and Capt. U war 11 ] Htcainlxmt UluiUri. Cmci5i(iti, Not. t. The steamer Chaplain, bonnd for New Or lean* from St. I.ouin, burit her bollera on the 3d, while lying at Bridge water. The steamer Lime was a link on the J7th ult., above New Orkan*, loaded with cotton, sugar and boUmm. LegUlallvt Proceeding*. Albany, Not. 8. CRATE. No <juoruni; but Id Senator* present. The ttergeant at Armi was dee patched to procure the attendance of kbeent members. A resolution wu laid on the table to adjourn the Legislature on the 10th November. Adjourned. Ail? MBLT. The motion for a call of the Houm, made on Baturlay, was the business In order when the Houm mat; .ho pending qneetlon being, whether the House weald close the doors. Motion lout- :W to 31. Mr Baicomh then moved that the roll be called, and .he absentees be declared to be in oontempt. Mr. CoanwicLL moved to suspend further proceedings m the call Motion withdrawn, and the motion to oIom loora renewed. The proceedings on the call ef tha House occupied Lbu whole of the day The llouao adjourned with cloMd doora, aad will com mcnce Ita aaaalon to-morrow with cloaed doora. DIarketi. Cincinnati, November, 8?T. M.?Flour.?The "aledonla'a newa hu had tha affrct ef oheeking operation* dealer* being dlapoaad to wait for private eorreepenoe by mall, before moving to any conaiderable extant. Halee r>f all klnda, within a day or two, reached from S to 1.000 barrel*. on the average at about $4 60 a M 76. To day -DO barrel* aold at S4 'iA In oorn, we heard of uo transaction* Lard?Malaa of 1,000 package* war* made on term* not underatood Hoga?Hale* of 1.000 head wwra made at $4 'iA Whkakey, at l8J^o Wheat? Salaa of 10.000 bushel* (Ohio) ware made, at 8Ao. River atlll falling alowly. Pittjbixii, Nov. 8th ?Flour?Since the raoelpt of tha Caledouia'a n?wa, the market haa become lee* active. Nalea of 'JOO hi* were made at >4 7A a #4 *1%. The re oeipt* continued to be light, both in grain and flour. There wa* no change In corn and wheat The market hu been unaettied aince the new* by telegraph. PrlTat* letter* nut yet received by mail There la four feet of water in the Ohio Klrer, which ia alowly falling. with a prospect of rain. Biltimori, Not. P.M.?Klour?The mtrkit waa lull, with a downward tendency. Howard atreet we jiiote at ft >>7^t a f'S Wheat?Kale* of 0000 buahel* a ere made. Including Maryland red* at 133 oenta, and [ood whlta do at 130 oanta < orn Kalaa of MOO buah la were made, Including Maryland whlt? and mliad at >i cent*, end yellow do at 70 eeota Rye- no ohange. Wbi*k*y remained tha aame.end no aalaa of moment re >ortad Provlalon* inactlra, transaction* war* making :hiffly at retail. Ai.b4?y,Not h ? Moer?The market waa dull, we note aalaa of 1000 bbl?. Michigan at >4 "M. Wheat- no alaa ware reported. Corn ? Salaa ofiOOO buahela of arantrrn mixed ware made at 7J oenta. Barley Sale* of KMXO buahel* ware made, two rowed at Mi a W7 oenta Kye and oata remained al>oat tha aame. Ileoelp bjr the canal >lurlng the preceding J4 hour*, were about an follow*Klonr -JOOOObbl*, wheat 18.300 buahel*, barley 10,000 do; oata -J.noo do. Freight* no alUratton. Bi t *i.o, Not. 8?P. M.? Klonr? Hale* of J000 barrel* ere made, conalatlug of Weetern and thla State brand*, a f87X Wheat -Hale* of (>000 boahel* were made (from < I*reland. Ohio) at OOo.; for good heavy white. $1 IJJ Waa aak*d and |1 0<Sc. offered Nothing reported In rre. Whlakry Inactive nt old prtoea. Pork noving chiefly by retail Receipt* during the pa*t I" our* worn about an follow* Klomr, 'JO,000 bbla | ?hMl, ^0,(XK) bukbrU ; o< rn, MXIO do. Knl|bti by oanal to Alt>?ny : flour, 70c.; wheat, iOo ; corn, no chang* Bo?tow, Not. 8.?Flour?of 400 bbl? t?m mad*, oon?Utlng of n?w 0?wrgo, fcc , at M 7? a >d <7 He. Corn Hale* of ;I000 bunhtU w?r? maJ?, Including w?rt?rn at rtjo. and y?iUow do at Mo *?lai of J"00 l.uhsU wnrt iu*d? *t Hyt?.No .hang* Vf hi titty?No ialM of importMC?| prte* about tb? ?UDf, Notktai *r* in rrW?bt?

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