Newspaper of The New York Herald, July 8, 1848, Page 1

Newspaper of The New York Herald dated July 8, 1848 Page 1
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t ? TH NO. 5146. JnilfC Kdiuondi'ii AiMnm to the Bar of IVovr York, on the A< w l inlo of I'ravtlvr. At the reqm-st ol the class ol the young lawyers who were acmiiieii to practice, at the last April term ol the Suiiieine Couit of this State, the Hon. Judge Edutoni e, last evening, addressed them in exposition of the in w code ot practice, in the Supreme Court Hooni, in the City II ill. Although specially designed Jor the newly admitted membe 10 of the liar, the well-known talent, ability, learning and experience ot his Honor, attracted a very nuwui-u uudicuur, among wnoiu we i\:co.rnized David Grah. mi, lliq., <?tie of the Commissioners who framed tl.e new code, and many otli *r of the older members ol the probes-ston. The address emt<r?ued m veiai points, ami t )ok a cursory, yet cJ? ui and explicit, view ol the forms of actions under the new* code, .he pleadings, iha judgment, the execution, and the subject ol cost.*, anddivers inteiloeutory subjects connected with the proceedings of a suit, Iroin its con fnencement to its conclusion. The new code of practice, he said, is a reform which owes its origin to the spirit of progress which Uanruad; and it cannot be *-xp<-cird 10 go back, mere thin u ny other of the revolutions ami reform- which are tho Offspring of the same agency; und although ihero is much in it that cnu be traced to haste, yet thero is likewise much in it to bo valued and admired. Tho first point which the learned Judge referred to, was tl.e abolition of what aic called creditors'hills, a tedious and expensive pr< cess under the old system, and tho ' substitution of bills ot discovery. This reform, tie said, is something more than many suppo-ed. and i> the. beginning of - giest work, und involves consequences of great moment, and is deserting of great consideration. Haas the intention of the new c n stitution not to de-troy the functions of the Court of Chanc* ry, from winch these bills formerly issued; f< r the same powers which that, court possessed ant by the new constitution invested in the Supreme Court. T e impression from this was formed that the court if equity would be swallow* <1 op in the court of law and that tho prootcdiugs ol the former wcro to be replaced by more expeditions ones. This impression, however, i# to bo removed, for it is more likely that the reverse would bo the cafe. Tho natural consequence of til s will be to make necessary, moro than ever, the study of the civil law. Tie Judge then roverted back to tho -origin of both the civil and the common law. and traced their progress to the prifftnt day. for tho pur posoof showing the importance ot tho "change which has. been latelv introduced, and the necessiLv for t Studying tho civil law Thu second point which be touched upon wait in regard to pleadings, which, he raid, must, under tho new code, be all true. Thii reform he b g ly approved of, and hud no doubt that it would be aiieuded wilb the beat consequence*.' Hitherto the pleading iu a cause have been prolix ui d complicated, and iu many cases bare been in dirccp contradiction to tbc matters at issue between the par ties litigant, 'i'uke, for instunco, a suit on a bill of exchange. To such a suit the defence is that the bill was paid when due. or that it was not protested. Ib t What conld he gathered from l)io pleadings? What could tho party gather from the declaration which was served on him at the commencement of the suit? In (hot, the pleadings were false from begiuniug to end, and were known to be so by both the counsel and tno court. All was fiction?and to what good purpose? It is useless now toiuquire to what good purpose. It a enough that the pleadings were not a statement of facts, but actually w re concealments of tho truth In an action in anumj'tit. there might he twenty-four different kinds of Uefenco. and. for himself, tho dudpo said that at niti print, he vary seldom referred to the pleadings in a cause at all simply for tho reason that there was no use in 1 okitig in them for a stacein.iut of the facts In issue b tween the parties. The tide of Action In plead ng lueri ased from time to time, uiilil actually its lining waters threatened to overwhelm .11 % that was valuable iu the science. The English interfered to stop it, and established now rules by which the science of pleading was restored to its true character. Such a rclorm as this lias long been desired here by the beet men in the profession, and was proposed by the Judges of the Supr rue Court in July la.;t, ai d would have been then ad ptcd, if the Legislature had not taken the necessary steps to make the reform coi templaled by the constitution in this particular. Iu the matter of pleading. heretofore, all the practitioner had to do was to send to the stationer for his blanks, or refer to books of practice, so that instead of becoming studied iu the great principles of pleading, he became a mere experienced seeker after precedents, and seldom sought after the principles. This is now to pass away, aud the practitioner w ill liave to go back to the fountain head of the principles, and must of necessity become familiar with them, and rely not. us heretofore, on established precedents and fictions, but on established principles, and more especially will this become necessary, because every material allegation and denial are to be taken as true This ho thought would increase the burning, and elevate the character of the bar. Tho speaker then referred to tho new practice regarding lulls in equity, and said that it consisted ef the complaint, tho answer and the reply. These are to he the only pleadings, go that if issue be not joined by them. it will have to bo dono orally on th? trial. This resembled tlio practice of tho civil law. On tho form of action;', and tho joinder of them, tho speaker raid it mint bo remembered th*t while all the old forma of proceeding are abolished, tho profet*inn cannot content themselves with the forma of an action, but must report to tho experience o. age*, and collect Irom it what is good, so that henceforth the leading principh * of tho science of law will come out as e go on. This will bo tho operation of * " the newcodo in this respect. Matters of pructiec were tho great points which Judge Kdmonds alluded to. Tho real party to a suit niuat now prosecute it in his own name. Tlio mode of commencing suits is different too. liithorto it was done by the service of a declaration with a notice to plead within twenty dnys or judgment. &e. Theso declaration* wcro not only iodisiinot, hut actually false, so that the uninformed man could not tell for what ho bad been sued, and had to gut some friend to inform him. lie inn invited iuton court of law. whero he might bo deprived of his property, in a language which ho did not understand. If tho motive was to deceive purposely, a better plan to do so could not We conceived. Ity the new code, a summons is perved on tho party sued, if ho denies the debt or complaint, ho may answer, and :f he do uot judgment will go against him. A party may bo held to bail as formerly, on the plaintiff giving security for the defendant's costs in case of his non-suceers in establishing his claim for justice. The injunction is still retained, not. however, asawril. hut ?s an order, tlio ultoiation being simply that it Is to be issued under the command of tho judge, Instead of under the seal of tho court, ns formerly. This Is a change which Judge Kdmonds said he did not like, as it tends to brings parties litigant into too clo o contact with the judges who aro to pa?s on tho suit". An Important altera)ion Is made in abolishing exceptions to answers; and. iusicad of that, the defendant in a suit can boexam'.m d orally. If the answer he Impudent orscandaieus.t ueh impudent or scandalous matter can be stricken out. hut the Judge said that it would net do to go into details <>n this occasion ilcwiul l pass on to other matter?, and then referred to the object of trial and its incidents. Issuo is joined by reply. There is an appeal from tlio judge who trie.; the Is.-ue on mutterscf law. to the Court ot Appeals; but the de cinton of the jiulto at pcrirl term. is tlual in all mutters not nffcctitig lb" merits. The decision of the jury is confined t<> matter.' of fact; and the decision of tho Court of -Aj-j-i-nlp. nlune, is llnni in matt . r.? ters of taw. involving the merits. In the matter of trials, flip hew eoilo has contemplated n 11 arringcnenl for the trial of ii>iics <( fief. by a "ingle jo Irc, for the purpose of relicvli R tlx? puh'ic of jury duty. This part of tlie new code, the In lge said, ho did not favor, lie was in favor of requlr ng evey part ot tie country l> act : jurors, atid af j art of the judiciary. I h men who frequently t ike part in the administration < f the lav. are invariably So moat desirous of pie living law and order. ?ti Ic those wlie do not. are p-ner l!y ihe uio-t favorable to riot art! disorder. This lie was mi'i-dled of from his own experience. In Rome, tho prac'ie i as toj dn itsue in the rrctorlan forum, ai it then to send it down to theymfircs for trial. 'i'ho>-e juriirn were notjudt-s but jurymen. They con. i. 'rd of eighty-one persons a list i f v hose rinnu s w: s made out in the calender ol January, and reduei d by the parties to i'io number ol fifty-one. and theso liftj-ono decided upon tho issuo The eili ct tf this in Rimie. ire , to pi egervo !o r Ibnr' i?s and her success is di mm-strated by (lie fact that wt new adopt that which .-ho practised two th?u-nni yr ?r ago. 1 ho Judge tin 11 ri ferred to trial by referees which Is another nornnti custom, and exist! in ninny ccuutrics at the present day Spain among them. lie then referred to {he ora examination of partie , instced of resort n? t< a bill of discovery, lvlitoh, tie raid, was not borrower so much fr. m the civil 'a? ns from th? canon law, ntv degenerated info the ii ouisilion tl'e hmn tn irnnr.l ugainrt any evil roTi-cr|Venccs of that kind In regard to the provision nude by th- new code for taking tIt <l< po: ition* of wltiu roes hit as In save thein the tc..uM? of attending court, (ho learned Judge said that In tnouglit It would lertore .ill the evils ot the Kxamtnor'i offlce.'whcro witnestefl wore taken to bn pumped of a! they know, by lawyer's eb rks. w ithout reference to tl < matter at issue. Continuing h:s remarks on the practice, he said that hemnfter the judgment roc rd is t. he made up by the Judge, and in reference to executions, there are f. ur kinds : flrr.t. to comprl the parti rmunee of n apecifl duty und-r ilio p.-nslty of at'a d j ment. against the prop, rly, and others which may b. onally referred to. In the matter of coats, ho aald tie legal profeaainn w ere tol e p?id by stipulate I rums Th? eflect of thin, ha thought, will bo beneficial It will re. . move the imputation to often east upon them, thai they are doing things f r the rake of the en t?. In th< next plane, It will drive nwny the unworthy nvmborr which will elevate the eh?r leter . f the pron-sslon In eonelualon. the judge raid h? wettld not refer t< the imperfections of the new code, for they would b aeen aeon enough; hut on thewhnle he thought f.iv tr.i bly of It. 1 he oils nges tb*t hat bet n int.de are l irt ling; but nothing bar been done except what lias bee tried and found to work well In this or other eouu tries. The attainment >f right Is not Impeded an. there Is nothing to Intel fere with th'> enjoy ment of li berty and the pnrruit of happiness; an I wi ?n all greconriled to the rl-eng they will loo', baek and won der at the evils of the old avatetn. which nothing bul inveterate praetlee would enablo the profi -'Ion to en dnrn for a moment. At Huston, on llir Hit inst., tw en ic-s.-ven lot children werw taken to the honor of the i ily criur < all of whom wore restored to their p,\ rente. E NE NE Rnfffrr* Ktinale IiMtlinl? Annual The ninth ara.ieiuio comoenoemcnt of this Institute l< ok [i'hco at the llu't(i>rii atreet ohurcb yesterday, i e ore tlio largeet anretnl.la/e ot" ladies wo erer witnessed To p?j that the exercises were nxeeetiins1 y iuti resting, would hut v>-ry i n.idi irately convoy an ' idea of their character. To hear upward* of four bundled jurenil" voic-a in harmony "f song; to witness 10 11 any delicate tern;* and f? ry liko h? ngs step fo wai(land loceivu f.om the binds of their spiritual f<u de i lie tokens of approbation whioh had been awarded them, li'ado an irii| reselon, era i upon the uiind i f a ftranfer noteai.y to be inrg.itton, while to thd |Hr.-i t* unit friends of those recipient*, tho ooousipn mil I b vf be?n m truly treat fvitur one About 3 o'clock, P. M., tb? ltev. Dr. Ferris, President , ol lb< '!" if- ititi men, tors ot Ihg ooinmi'- ,, Iter, members of ih? Cowmo i Council, invited guests f ( but if r.. wret. Km) I'riontpal of tbo Institute, ttHcberx nntl pupil*. preceded by th* tanker. moved in p'occ slon from tbe Institute building to Rutgers street church. After tbe officers no I young Iwdie* of the In titu*e. *1 out430in n mbi* ?"-uutlfully attired , in white?bad taken iheir who n the churob, the latter commenced the exercises by singlDg, ? TilK BRBETIA0 I V e PS HY A PUPIL I Another yet r hath pasted away, And at ill our heart* ere light. Kor m 'er hilt It nine the voice of oare, I Our youtl ful dreamt) to blight But if Min e ti rn-tti' mi r oui path. I '< h ugh i i ' glad are in s bo given, We'll heed I to III not - but oherisll Hope, A d ever look t > lieavi a. ! ' lor lime, with iu resistless Might, ( ' Brings shauges tad aud drear; , '1 he loved arc called from earth?tbo smile Oft changed for sorrow's tear; i but though the briglitHomo tie* of lore, . May all be le*t. or rleen. Faith lingers still? and h <p? is nigh, : ' We'll ever look to Heaven. j ?*rhicb vim followed by an eloquent prayer by the Iter. ' Dr. Ferris; at the eonclu-ion of whio i the report of the ' Commits' on Compositions of the tlr*t department, i j wo* urn by Mr. John 11. ilurtlett, setting forth tbat j ] tl e ei uipoMlion* which bad been submitted for their I . e\ u illation, with very few exceptions, wore di*tin- j gufcbed for < orr ctnes* of diction and pi opriety of son- ] , t.men ; that iu many instance) they were marked by , ( gn at justness of thought und liveliness of fancy; while j all illu trated a degree of ability and cultivation that | pave abundant promise of higher attainments here- j 1 efter '1 be oomui'tteo, after alluding in couiplimen- ' t iry terms to the abilitie* und faithfulness of the ae- ' ccmpliebed teaehuis in this depaitnient. awarded to tbo I author of the following pi em, entitled " The Spell of, a (jentle Word." iind also to tho .author of a prose essay on light, the two gold medals subjected to their diepcgftl. . "'HIE SI'EI.L OK A GENH.E WORD." "i'vas night, ami the cool and porfumed breeze, Breath'd soft 'mid the bows of tbo waving trees, ; Or low to the wild wood-Mowers it sigh'd, 1 While tbe tiny buds to its tonus replied; I Dut vhin the guy music of fairy-glee, Iu the clear, cairn midnight rose merrily, t i And a thousand glancing beings of air, j Like con nibs* geiu* held their revels there, . It lied Tom the woods and tbo Mowers away, ( And stole to n silent loom, where lay . A dying gill. p j 1 l.ook'il out f, orn tbeir tears on tlie dxrk'niug sklofl, 1 Where a single st.ir hi its glory sin no I Like a haughty heart, berett and hum. I Hound the uinrble br?w waved the clust'ring hair, I And the tiny hands were clasp'd, as in pray'r ; . Mle spoke. and each low and trembling word Was Slid as the wail of the widow'd bird. ! ' Oh, sweet is the spell that the zephyr flings, 1 \ As it sweeps o'er the wild harp's silvery strings j , And soft is the muruiitr'd minstrelsy Of the flashing waves on the summer sea ; 1 And the ra>n-drops breathe, as they near the earth, ' ' A gladsome chorus of joy and mirth ; 1 j The blue-loll* ring ever in t<>ne< of glee, And a pleasant sound hath the huuim ng bee ; And though strangely cad is the spirit's sjgh, l When the ciimson cl uds leave the ev'niug sky. Yit win n sunbeams burst on the sleeping flowers, With visions of streamlets and fragrant bowers, With a flush of joy on their petals bright, They ope with a chorus of vild delight; The gem thut gieants on the velvet vest, That shelters each slumbering flow'ret's breast, ; And has wliisperU all uiglit of its borne on high, Where its sisters dwt 11 in the beaming sky. Takes a sweeter tone when the datvui .ig day Bids it leave the earth on its heaven .vard way, 1 The daneing brook murmurs a joyous talo i (if the leafy wood and the mossy valo; ' Ai.d have ye not heard, when the shades of night Iluug dark o'er the earth, and the slurs wore bright, A soft, sweet tone, like the violet's song. I Or the lay of the wares as they glide along ' But no ! it is swoeler than they, by far? > , "'J'is the Fpirit-straiu of some waud'ring star. But pofter than mutic of star or sea. , 'J ban dew-dri p's murmur, or hum of the bee. Than the tale of the brook, or the song of the bird, Is the mystic spell of a gentle word. It fails on the heart as the h m Her shower On the lading leaves of the t irsting flower; 1 Like a beam of Hope, witli its cheering ray, It lightens the gloom of life's dreary way; And when the darkness (if dentil draws near, \,,,i it,., ,i.rUt? -lit. .. ~..i r It tolls tin- soul of n radiant sli re, Where sorrow and sighing are known no more. Hut I aui alone;?no loved one is nigll, To bend kindly o'er ine and pray ere 1 die : 1 hear the clear song of the joyous b rd. But I lieteu in vain lor oue goalie word." Then an aged tnan. with his locks of snow, Trest-'d an earnest kiss on her l'ever'd brow; Site liad knelt with him oft at the hour of prayer. In her childhood's home, when ihe world icont'd fair, And a thousand flowers oti ber path were iMj? But now. wlleu they all were faded and de<d. And her heart was sad. and her soul most drear, And death hover'd o'er her. he, only. ??s near. " \ y child !" he said. " though none o'er thee may wco?, 1 Fear net for tlie angels a vigil shall keep By tliy lowly grave, and a r. ijuii-ui sing For the bud that died in its bins-outing. \ on star that is shining so brightly above. Would teli thee a tale of (Jod's merciful love; F"i r e'en as it glows through the darkness of night, Thy spirit eh dl beam in the land of light. Thy moiher, my drar one. awaits ihee on high? She would welcome lier cHi 1(1 to her honto In the sky." " My Mother !" she murtnur'd?a sweet smilo play'd Round the tiny mouth, while the cool breeze stray'd Mid the cli stiring eurl on that low, pale brow, And breatli'd on the cheek of stainless snow; lint the darkejewss closed?the maiden ne'er stirred? Her spirit had pass'd witli that gentle word. M'ss Margaret A. llurwell is the nanv of the fair authoress of the aboTe sit. c snl'iil prize p 'em ; and Mi<s Kllen S. Young of the os-ay entitled " Light." which, together with inueli other Interesting matter connected with the pri ret dings, is unavoiila'dy crowded out of eur columns. Prose es ays, entitled ' lire Spirit of Bn| terpri-e," "The Pilgrim " t' the Cross and of the World." and " Peculiar Ta'ent," weie likewise alluded to liy the committee in very tint daring terms. Th" repct t of the committee on compositiot s < t the second deI artmcot was next read by Ihe llev. Mr 1'hoiupsoii, in wliieh theyTemiirkeil thst several of the eomposiI t'ons i xamiued by them would compare favorably with 1 tlioie ol cla-ses ot ihe Minn* standing la the first oo!!e '< ? in Ihe ei notry. end nf. rrtd as an instance, to a ' poetn entitled "The Spirit of Beauty," of which the 1 committee] remark that thev cannot adequately ox1 press ttieiradmiration of Ihis chaste, thoughtful and ! j... |"->! nmr|irliui-iu ptriillllls PU''J muld cheeiftilly hare awarded to their unknown enchantreia, not only ti medal. bit' nc ovn of coll It wop with extreme lelucUnce that th y came to tlift n inlu-.oti ttint to give tlio pr re to a poem, which i 1 ?J no compel iter, would be an act of injustile to I lie j 11.tiny exci Hi nt prom writers who haw? not bo?n of - i ti n it ( f tlie i ti, i it. '1 he author of "Tli Spirit of noauty" mint theri fore content herself Willi tills e ir y cx? ) i rii lire of the poet's fate to win 'golden opinions j without receiving the t-oli-lHtiliiil mild it-ell ' ha |im to ini|UiHtlon. in arci rdanou willt (lie recommendation ollhe rointiilttrp, whs tlnn re.-nl nn'lfmr bi? aimson made to oilier.-, nttled" l.lfe'a (tuijiug Slar," I 1 lie Tow, r nnil (ilory of the ( n nlor Displayed 111 too > VciUh of dre .tirn," Musir" " the uu-ie of Mm I Stars.-' ' '1 lie Hi art'." Desire " " 'J'he I'ilwrlm Fathe. '' I "A Soft Answer Tnrneth away Wrath " as l> in r clii1 racterited by vigor thought, or delicacy of suntlI nn nt. ii puri y of st, p. r by all 1 ln -e comS ue 1 ' Tliepicee. Ii miner. wh eh uiaitrlty of thought, aim' plirity and besiity ot sty In. felicity of illu- (ration and expression and delieaey and elevation of sent ment, was in the judgment of the coniiniUee entitled to the I niedol. was "Thoughts at a Mother's ttrnvo,'' (by Ml"* > Anon M Cauldwi i! ) In the th'rd department tho medal w as aw nr led to Ml.;* Mary ( t 'utti r. for a beau 1 t if ti I rompiplti n in pi ore. entitled A mealing of Flowers." Thee mmitt e in their report oh-ert o 'h it had tin y more than or.e prixe to he-t iw. they would j gladly I,live-lio vi) thi ir ii|U'ieeiatlon of t he pieces en utlnl 'ilie Village Castor," "the Chairs of our liepirtt nn nt."'tile Sublimity of' the Ocean," 'Voices of Af1 faction," "the Firry Lesson," and peroral others of dipt i itulihi d no rit ' Jn-ien !Sichi:o?c. Krq, ( ittit'y Superintendent of ' ' i n tin n Si lo* is (hen ii ad the repo t of the co nmiti t e on n nthi mat r*. awarding the principal gold tnedal. the highest honoia of the In-iitui to. Mi?s Mary > O. lodawep; in doing which it staled that Miss s i limit eh M. Ji boston, Ku.mii h tir ggs, .vienu ,<laict ch. Hi in Ii t a ( . Picrey and Harriet F Foot had nsr- . t'cu'aily ill tlngubheil tln no-i Ifc* as mathematical i p< hilar o n noli so that the committee hat experiment consideraliie mbarras; im-nt in awarding the I I medal. 'I lie Id tii'Vai fir tlie best cor pj"ition III tlio ; t F' l.cll lat'"lisi'e. ! ss nwinl.it hj the eouindttee to I M a ( ai o i n W. II oM e I. 1 h nn me o' V ii en* C ir' o ine F. i I (ii ai.il Mnr i.i it w llsy w.r.al'O alluded to In ? ry < < uipliinentary Una* by tlie como in s< ii I- rem ii 1: prniU' o-Up. I ; go'd n c ill was awarded to Ml>? f Cr t i i lis Im t Ii r I m.niii* wi re tikewiae award, d for t the 1 est tlrsw'nf nn ' | nt rg?. Tip pr'r s .wsi -<l isn-i ting of go|.| medsli W YO W YORK, SATURDAY legtniljr bound books. inuTonlru, fmoy article*, work ; kJ ,i a Sir . valued at about were ih>-u di-tr.oa'e : i the ronclueion of which Interesting ceremony the ( r lowing named y< tind ladies, via: Misses Sar ih I,' I Atkninn, Km in a K. Br'nu<. \lanrar"i A Bnr>rrlt K'im- , i iiotb M 1'onant. Harriet K K not \'iiry I. MarH ', ( B izabetb liuys. Caroline W. Ilnbbell Hannah Y t i < ip|?. Hannah M. Johnston, Cornelia Kceler, are O , i Lodewlrk, J"elena \ ny. f.rlt. Sarah A. Odell, lien ie't.a ? J Pierce, Vary I,. Shield*. Ma'iraret Stank pole, i lairhf A. Tiioij', ami Ell-n I.. Yonnr, eompodng 'let t iHi'uatinjr rlr.*-, were each presented wi'h a <11 .1.una 1 if I he ImtiHlte: on which occasion the llov Dr. Karris ( nldrim d a few br'ef and appropriate, remarks, nda- I ive to what thi y bad accompli-hcd ; ill Ir - nb o' nient | nndiii t in life; and tte Intern-t felt l>v h'maelf and i , rtt t'<u <fthe Institute for the'r tntnr* welfare. I 11 cycling Indict, n! the jrra 'uating class. all. r 'iVlug | of thrir principal tor whom tlo-y mauifo-tfl a t ry air. . tioiiKte regard. un.i reluctantly bidding | tich rthrr ndlrn, slowly left with th.'ir resncotlvn Heads and relatives to commence a new era in life. Late and Int? resting from Venezuela. We pre indebted to n gentleman who ca n? |> \s- I ienger in the bark Venezuela, nt Philadelphia, for ! i package of late papers. It was slat -d at L tgua' a, on the 10th, that the port of M iracaibo, winch iad been held by I'aez s friends, was captured by Vlonagas. General Paez's fleet, anchored off the ) i', lied disappeared, and it was thought by many hat the government fleet had captured it. Murh trouble is anticipated by thee >tiling el eion. It is apprehended- 'hat unless Man .g as jj^ sleeted, he will maintain h;? rigl t tothe Presi.h n;y at the point of the bayon. The U. S. sloop of war Albany would remain ; t Laguavra until after the o ection, which wo..Id t ke place in August. J. W. ihtrtis. Lieutenant of , t e Marines, returned in the Venezuela The neiuhboiing republic ot New wranada, has je -r? h. n ewl a' drawn into the Vein zti dian&m ul1 s. It seems that General iV.ez, when he attired ['rent Venezuela, merely crossed the border into New Granada, and took up his residence at San Fose de Cucuta, a town only two leagues distant J f om the boundary lin>* The VeneztHian Gov- ' 5 tiinent have <l< rnande I that he should he forced t a retire, at least 30 leagues from the frontier. At first there was some disinclination on the pirt of the Granadians to interlere; finally, however, a dels were directed to the Governors of the provinccsof Casanare and Pamplona^directing tit un to instruct General i\.ez and his adherents to move to some other point farther removed from Venezuela. We lin.i the official account of tha i/i I f11?i* ciiu ' uiij I'y ? uuuji.^, uu . the 21th of May, published in the Caracas p ipers, [t seems they marched in without oppouion. , Regarding the taking of the Fort of San C arlos, in the immediate vicinity of the city, as stated above, all is rumor. It is a very strong fort, and, j well clclended, could stand a heavy siege. From nil Recounts, we think that Monagas's patty must be earn ing everything before ihem. 1 The British nu n hants and bankers resident in Daiacat, Laguayra and Puerto Cabelln, in April last addressed a memorial to Mr. B. II. Wilson, ! the Bri.ish Charge d'Aflhires, protesting against the measure passed in Congress on the 21st April, authorising the issue of government certificates to [he amount of five millions of dollars, which parlies were to lie fotced to receive in payment of lei is, cr, by refusing them, be obliged to grant their debtors one year's respite. This clausathe [iieichants, in their protest, apprehend will he of most disastrous consequences to their interests, and therefore protest against it us a manifest violation of the solemnity of contracts made in virtue of, end accordance with, previous laws of the country. Mr. Wilson answered, that h<? would present the subject to the Venestuelian government. The result of his presentment, however, is not stated in the pamphlet before us. Commercial news in these papers there is none. v\ e presume, However, tn.it trade is niueli dis> turbed at present in Venezuela. Political Intelligence. Another Votk for. Taylor?On a late trip of the steamboat Heiaid, down the Illinois river, the vote lor President was taken, and stood as follows:? In the ladies' oabin, tor Taylor, 11; for Pass, 11. Gentlemen's cabin, for Taylor, 4:1; ('ass, 28. 1!armht!.ni;rism in Ohio.?The Cincinnati ChrtMick thinks that the union consummated between the abolitionists and barnburners of that city, in opposition to both Taylor and Cuss, is more j likely to injure the locot'ocqs than the whigs. | lti'lli these factions?the abolition and.barnburners I ?having voted against the whiga in I.S44, the I latter acting with the locofoco party, and the for- I merundera separate and independent org.niin- | lion, now that they are united, will herealleruct ! together its a sepaiate and distinct party They can j ailed the interests of no paity very seriously, un- ! less it be the locofoeos, whose strength will bo weakened in proportion to the number of barnburners that foriakc them. There was a barnburners ratification meeting held in Cincinnati on the evening of the l--t inst. The l.onsiAM Delegates and Gen. Taylor.-? One of the bones of political contention now is, " Did Gen. Taylor say tint rim Louisiana d "leg lion had acted contrary to his wishes in the Phil idelphia National Convention ?" The .New i 'rleuns Courier thus hits the Bulletin, the whig Taylor organ :?''The liutle in declares that Messrs. Winthrop and-Stuart had no right to unite public any assurances given to thorn in private conversation by General Taylor. If they had no right to make them known, wlnt right had Messrs. Pey- , ton, Kullit, Arc , to publish the substance ot General j An}ior ?s convriruiiuii j111 iiirin \ ixuu pinicH we re clothed with oipial authority?they wen- both Bclt-HiiiKiinted, and both tire friendly to the Gene- ' ml." Gen. Tayi.ob's Port'eatitty, in Illinois ?T.iy- | lor's noniiiiHtion is just the thing for the sucker.'. Numbers of the old democrats are going for him. 1 will mention one in.-j.ince, which may he re- , parded ne a fair specimen of the way the thing ; works. Ca t W , of this com v, who pre ided rt the democratic meeting in this cutnty t<? nominate delegates to the Mate convention, and who also presided at the counly convention and the ratification meeting, is out and out for Taylor. Of this there is no mistake.?fatter from Itrl'r- , vi/lc. III. Winn R.vriEic.tTtOJt Mseti.no in[Lafaykiti;, La. ' ?A large whig ratification im-eting wesh?ll at Lafayette, Louisiana, on the 36th alt. Colonel Crockett, (son of the renowned llavy.) George W. Christy. Judge Oglen, Col. ILilic Peyton, un.l others, made speeches. Tennessee.?The whig editors in Tenm'ssee ap- 1 pear to he in excellent hmnor. Tne Memp'nt AV/g.V, of the 27th of June, expresses itself as fol- 1 lows :?"Tennessee is shouting, from all her lulls, mi untairs and valleys, tor T.ivlor and Fillmore. JJ itifieati' n meetings are being held in the cuunti 's generally, an l a tornado of cndiuuasm is svi.? ping down all remnants cd opposition to (I -n. Taylor. In Columbia, the home of Mr. Polk, nn iinnu use gathering ratified the nomination ?-the largest and most animated meeting ever congregate d from the hills and hollows of old Maury. The truth is. our opponents in Tennessee might as well ground their arnia at once in tins fight, and surrender at discretion, for Old / ick will capture j ill', i II III'III uriuir . 11?\rii lU'-i . Van Bi'rem IIkaping Cass.?TIip Fulton Demi- i rial has I ken down tlie name of Cans and run nj? thnt of Vim Huron. The IVutrrtmrn Jefrrsmian has done the name thing. Ditto the Ihmilton , t'avnty Sentinel, tli> IVayne Sent/net, the Eastern State Journal, and the Dctlhom (M i-h.) hem oral. 1'KOfMULK II KSIONATION Ol' < i(l\ KRNOil Sl'lll NK.? Tin re is a strong probability til it < > iveruir re in ik will re.-ign his onii e, ow ing to ill health, and to nfiord nn oppoitnnitv for the people to eleef n jjiiireetsor of their own choice. The c> stitiri a pioviden thnt in e, -e of death, resignuinn. or removal it the Governor, within three calendar months 111 mediately precedm-' the next election, t ie f'pi ikerot the Fen te -h i I ex re180 the offi e ol (inventor until tlie second nnini d election tlierea t- r. 'I lie anneal election take* place on the 11 h cf i >ct? In r a- xt, at (I the < inventor, to nivc the o, p< rtunity < t anoiliei eh eli'>n, un-t ie.?i:i before the Kith day of this month, which will probably be dm - J'lut. l.niv,: r. Whig Katifk; vthin Mkktixo at f,i-xiN ?ro?, Kx.?A Ti\hr id Fillmore ritifie ti m meeting i -1 be h d in Lex ogion. ?>" the lOtli inst. llii: ine M.ys iiihi Cierier.ilTaylor it* .1 mystery " Ti.iie |i> t.eiii'e, old fell >w. On the ith of .March il will (I r i |>. F nsepe Sawy rlie' pledged I'hin fnrtju.n)) m ijority for Gene til Cass l|.m>i-t moan * linages. Vovt mi ifTi f>? Tr avrli.kn- ?Thorn h i > been a Ccpttblf till Bus of noivli M i|i? prlncpil hnf?U ?i till, the In-1 frw diy*; b it tltt a *>?t ! mlaiirion *hi i> i rnpnii it with tin cmri'ipiiiiillnp iimonnt of 1 :?I. 8. n i i '* linn t'irtt Aiii"iic I I be nrrirnlll At th# Art ir n c rrci rilnt Opt K.hJrlil .c. pnclnttMp I'. IIm l n. Kentucky: < opt An h??v piel.et liniltitaiin At thr Aw lli .in. Mr, ( rutteliitrii, St. Leu.-, Hi ; < r a Xt: h. .In i i- a an. ? At i . i II niit ... l.linnipi ai. Wi inlmili; I' I'M en'il, trrlnn l; ti n T .*ii i ili e. rnan'1'; T Da*, Nc e!?r. i; thn Hi n A.r. \V?ii ?woith, PriTtJeucc. RK I MORNING, JULY 8, 184 City fnlellt^riwi-. Thk WmTHm - i ho wirtlliur ?< <|Ult? plivunnt alt lay yorten ay thmich I'm eky* *>< K 'in rally "1*0 ore I >y cli.in!.? ami K*l,: promina of a ct .rin. The wind lew (I. ui|' ami rhill from iho eu>t in t!?< morn'iij{; hut

oirnnlr noon haviinr changed uioro northwardly the uu fih< ac out for a few minute*, but w.i.i ?oou ntioour. il uya n ley cinud? In the afternoon the wind aitaia iliunycd to thl> ra t anil a heavy cloud roan from that li em ion anil at lulf pa<t >lx n'o.look the rain bcifin , fill, wh oh only continued. howeror, f .r a f> w iu > w ill.-, ntiil (he -ky again became clear, and again loudy. v. itli the propped of a nturm. Audit loaac I'ahticui.afi or thk IIki knt Muhukii. relop< <1 itt* connected with the murder of Pierre I). Sri iii' nil. which place* the supposed murdere**, Sarah iluurt, in an cutircly different position th in tin' of i paramour. She wa* In* wife, \fier the cernner'a urj bad retired, ou I hursday. for the piirpnc of agre ? iiIt upon :i \erti *t. *ho communicated to C?p'- Oil. Dion*. f the Second ward police, thut she wan the wi n >f Brcnmnd, and tuat ibc had u certificate to that ifr. ct She placed III his lunula key, an illg,''There lit ti c key of iny t rnnk; take it. and go to No 114 Voriolc 1 itreet and there you will find my marriage oertllllate " The captain took th? key. not tiupp.xing f r one inoniei t there was a >-)iadow of iruth in Iter at it -inent, and the next 4ay proceeded to her place "fre-i. jinco. for ihe purpose of niakiiw iditue careful dUpo itlon of her lorntlure; and while there, thought ho would examine the trunk, and find whether there wan any truili in her Matemeut. when lie found the oertiBoats. Here is a copy:? Thin In tocoittfy. 'bat /'.rrir I), li reman ti, r.f icity of Nci York.in.d /.' iii," .Sorive, of Angiicta, Mo. wero j"inu,l l>r nicin lh< lie y benil* nt i.i&trlm.'U), ilea, 1 Itli day of April, I-I >. WiTNrsa, . R"KM7tKlt (I it I ffl Minlnterof tlic Uoapcl. She any." liiey were iuairicd at a hoilts* in Ainu* Street, but tl ere wna on uuderotand'ug that their marriage *1 nuld he ki pt a secret from ilia friend* ?which igreewont the had faithfully kept. Mi. Vremand waa, then, if the certificate lie a la'idoue, I tin liurband of Lou aa S'a>age. and it wa- given in cvtd-noo hufuio tho Coroner, that he nlwuy* called her. and spoke of hor, hv the name of l.au .vile >td! aaaerLs her iunneeni.e. and says she found him lying "ii til- liiirwhcn *h? entered; that elm wished to cull assistance, tin t hu refu.-ed. 'I lie blow, however light. would have caused death, the scull, where it was fractured, not being thicker than thedouhle of a slieet of cap paper. She ifi of respectable, th'ugh poor parentage, and came to this city city several years ago, f .r the purpose, shu alleges, of making a living for herself; hut was caught ky the devices of the reducer's arts; after which time abo led an improper life, but was mar icdtoMr. Brttmond, with n full kuou lodge, on Ills part, of her 1 fe and circumstances. This is ?n interesting fact couaeot-ol wilh the case, and may tend mater ally to alter its present Jeature. The name of Sarah Stuart is ail us lumrd oiiv; her real name, if it is oh she states, being Louisa liriuiond. Time will probably develope new facts, which w 11 loud to the true cause of death; ami If the wife was the cause, who alone must answer for the crime? hut if sh,< did flud him bleeding on the j floor when shu entered, that fiat should, properly at- ( tested. leHd to the perpetrator of the foul deed. A Visit to thk Citv Piiison.?The female deptr'.- 1 irent has of late had some very important alterations, and Is now one of the most convenient and comf stable prisons in the couotry. Several new rooms have been added on the upper floor for tlie accommodation of witnesses?persons of a ptrticultr cliisi, arid juvenile delinquents There ore nine of these rooms ino-t i conveniently flniwhed. and tlie wlioie place presents an air of neatness and cleanliness rarely seen in a prison. Lansing ihrough the dilfereut corridors yei- j leiday, trie most interesting scenes pruaen ed tliem. iclves. Holering the new corridor, and puss ug to the oom No 2, ? young femiile, dressed in n handsome I itnck bnr'go, sat sewing. She was nf the ordinary itaturo, wiih soft black eye*, and graceful curl* hung ari lessly from her temples, while her pr nninent fore1 i ad bospoku au intclloot far above the ordinary st imp. She wan indeed hand-onie. and possessed of tine and graceful manners She wan addressed by Aldermen L'rolius, who asked her for what nuch a pood lo iking girl wan confined in prison. She replied, ilntt upon the tomphiitit of her brollior-iu-luw, she bad been arrested on a charge of bigamy Upon quost.ion'ng her. she gave a brief history ol her life. ll>-r former name was Kmeline Stnrdcvant. Sim was born in the oity of Troy, in the year 18o0. At the ago of fourteen years she came to this ci'y. and obtained a situation in a store in Division str -et, when she became acquainted with a young man nailed (111birl Davis, to whom she wns marriid. by compulsion of bir brother-in-law. who had her arrested for alleged Improper conduct, ngainst her will or consent SI10 ! lived lint a shi rt time with liar new husband, when he inade a voyage to sea; aud subsequently she received a letter announcing his death, and supposed tor three years that be was dead. She then received the attentions of a young man named Turner, and by the advice of h< r friends, married him on the 22d of tprll. 1847. He was also a sea captain, and provided comfortable qu?rteratnr Ik r in the eily ot Drooklyn, where she remained living happily with her hu>b md up t > the timo of her arrest. Her first husband absented him.elf from bcr. and married again, without her knowhdgo. Shu is now awaiting the issue of a trial l'assing thri ugh the lower corridor, a woman in a ?l,*1,1,? ....11 ?HI. 1 1 ? 1 1 ? I anu uw[u iw^, apparently drinking tho dregs of sorrow, sat upou her bod. In hrcnibless sllonco. occasionally weeping She is thi re for tho highest crime?one for which the justice of the law. if guilty, demands her life. She hits no consoling friend to wlihpor consolation to her broken ' heart, or soothe beraehing brow, and drop the vol- ' pathetic tear, bnt in contemned and despised. That woman is celiod Sarah Stuart, the murderess. The ri irn ning colls are filled with women of every deserip- | lien; sevi ral of whom arc suffering for their patriotism on the 4th. They are all comfortable an I kindly treated, fin tho Sabbath, tho ininis'ur of salvation points them to the fountain of all bliss, and the hu- ; mare ladies Keep tin m suppliud with tracts, with which to while away the hours. VvorTAMLK Ci-riositv. A rhubarb stalk, grown at j Manchester. England and presented to the Natural i History departmeut of the Brooklyn Institute, was yes- i day exhibited in our office. It measured three feet and two inches in length, eight inches in circumference, at ' the largest part, and weighed four pounds and two ounces. It was naeked in dry saud. and brought over | by the steamer Cambria. ft is probably the largest ] ever grown, and Is indeed a vegetable curiosity. As | packing in dry saudisa preventive from decay, some of | our \ ankee farmers might make a good speculation by exporting their surplus, such as beets, radishes, be. I The discovery is not altogether ii"w, but it lias not be- I fore been known that it would answer for packing for j exportation. Kin vs?A fire broke out about four o'clock, on Thurs- I day afternoon, in a sinal! wooden building in the r'.'ir I of No. 219 Eighth avenue, which was put out with tri- | fling damage \ fire broke out about half past ton I o'clock, on 'I hursdny night, in a wooden building at I tho junction of Eighth it venue and Itloomi ng.iabi road, which was entirely destroyed. A fire broke out about eight o'clock, yesterday morning, in a frame building ! on 43d street, near East river, occupied as a (Jeitnan hotel, which was nlino-t entirely destroyed A 11 ro I broke oul about half pnst eight o'clock yesterday j m"rmng. in nn- stable or .tarni''' II. ' oolt, Nn '11 SherilT street, tlio inridn of ?lilch, together with a ijunnti1y of hny. strnw unit feed, wcto entirely destroyed. It WRp- fully infurt d Hi h, i mi from Dsowioi.- V ffomnn named Catharine l.iihlcr. In attempting to t" t on hour i tli?? IIo'?oki-n fi rry bout, yet-today afternoon, accidentally Ml Into tbo Klip, but win ipscued from drowning by ono Of the Third ward police. 5'ovi niciit^of l>tsfIii^iiIhIii-u IiiiIIvlt!ituls, ( encral flutlcr remained in New Oile nn at last accounts, nnd a grand demonstration in Iiih honor was to take place in the ('re r ill (Jity <>n llv 1 t ln.-t. The iJclta, of the 2d.'Ii ult.. say.-:?A nam- ] her of the surviving veterans of the eampiign ?f ; 1H14, paid n visit to Mnjor (jencral Mailer, at his rooms m the St. Charles Hotel, yesterday. Col I I'alfrcy, who wa spoke-m hi for the vet ran-on | the occasion, addr cd the general nearly as fol- . lows:? Oksmiai A remnant of tbo enldiors of 1S1I 'l.V | hnve now cnlled to pay ynu th? Ir respects. Th?y have requested rue to rny'tbnt It afford* a* tnn-h p ensure riiiI gratification to bail you as a brother veteran <>f | that glorious campalgu. to congratulate you on yotir farc return front nnether field, whirli relict* no mtteh | honor on our country, nnd in wh eh y >u have again so nobly distinguished your*' If: nnd t i b d you welcome to the nty of New Orleans. in tile defence < f which you commenced your lellltnry career A* the soldier of two w*r?. lho voioo of a grateful country welcome* you hon:e. The General replied very happily, nnd returned thanks for the polite nttention paid linn by Ilia brother soldiers, some of wlietn he recognised as old ari|unifitnnrea, and as tired them tint his connection with them was a soci ited with the proudest recollection* of his early life, nnd he hoped tit it duting his stay lu re, he would have ffcrpient ;>i>port unities of eonver ing with tliein, nn I " ft fhti'ig their 1mtiles over tiGnin.'' Another shake or the liaod closer) the ceremony. f ol. A. W. Jtoniphan was stopping at Congress JIrII, Albany, on the 5lh inst. Itallrosd Intel llgvincs. The rat'road to connect Portland with Montreal was opened on the tfh, ii miles to North Vsrinouth. The Portland Arlcrrtitnr says:?The work t of a most tiim, solid nnd substantial character. The lirond gauge adds to this npiwurance of solidity. The ears are wide and capacious?the seats i In tug of Mifliciciit width to enable two to sit with j peiiect comfort. As this wns an experimental trip, we nied the rood nt almost every pace from thut of a snail to lightning speed, without taking any | articular note of time. Put we saw Enough to satisfy us there will be no trouble about speed. I The body of Hon. Nathaniel P. Mussel, was fi und at Nshnnt, on the 31 inst., nnd -r cirnumytanr es which leave little riotihl that lie had drowned himself during a temporary aberration ol mind lie arose in the night atone o'clock, went to the ' f*?ach, where he left his cloak and his hat with his name in it; and in the morning his body was fouud floating not far from the spot. 18. IjAW Im*oIII'{' ?3". SurnnMr.CouaT Ju y T. ?"reiem, Juilio.t Klninl , MrCcunand Kilwird*. Tim argum nt cv*<u I ir a. taken up thl morning. * / f utis ('<trtit and otkrrt, 7Vu?'rc?. c? .1'-rtin * ll'illirn and ll'ij't Ike lli-.kt Itrn'd Join ll'igh't mil nihrti?I I.in wax an appeal Iroiu l.tm il-oiv. of I ? Vlot* Clinni e'lor or the ut? Court olChanc.Ty It apIcared 11.at Doctor Hugh.* purrlinwil fmn dr W ilKon ?"il wife too farm ami Ian H of K r<lh?m in Wo-t Choi, tor county auhjoot to it mortgage to tho V..rtli .vmtrirnn Trust ami I'auk nj Company. fir Mhooo It ?'a* Mit. o |i:enily agMPil t?itvrrHii tliu ( iDpiny an I Doctor Hughe*. thai Im . houlil pay twa-thirdi of tlm mortgage in ra-h and tho mm dni ig on?-tlilr I in Urn coin) ant V mock?tho agreement in* carriod into effect ly ll! hop llii|th?N Tii- plaiulilf-i iro?oon after appointed trustees of ho o rnip inr, and ill or aimonduly aeriguid to them f r t!i i bondli a, amougst which wore the ' ond and in >rtgugn in qun-tion On tin* Mh of I'nrch. 1H4I, a second agreement arisen Hint tlio * ' < k should be accepted. provided tils bin I h'>1 ' r*id the P"in| at yasseut <1 In pursuance ><(this ngie.nienl, papers were drawn up purnorting to bi cn-enta to bi* -igned by the b >nd holders, sow ? i f i\ho hi ren'tli d In Kuglaud. itnd ntli -is of thorn In 1hii country. On the part t' tils p1:? i utilTn. it in allege 1 tb.lt tbn.ii consent* vTcni never Mgn>-d. and they tiled their bill against Doctor Hughes and others, pr tying I bit the former might bit decreed to pay or r the balance of t bo mortgage I n cash instead of the loci* of thi-company. Doctor Hughe* II led his ntiswer In the bill, and act up ax a defence the agreement with tb? company, and ul o that onterrii into between liim and thu uu-ices; the Utter replied that the former agrut tilt-ut whs revoked by the second agreement, and tliit the second egrt oinent was not rati tied, the bondholders having witl held their assent The cause wa* af: roaids heard before the Vice Chancellor, win* ordered a decree to tie entered againat Duct r Hughes on the prouudthat the assent of the bend holder* was not proved To this decree an appeal was taken, the appellants. counsel insisting that the performance of the agreement of the 8th of Vlareh 1H41. should be decreed. The three question* to be decided are?first, wan the n-signnicut of the mortgage to the trustee* reoordo Ion the Hth of March. 1841. it being in-lslod on the part i f Doctor Hughes that he had at the time oftheexeouticn of Hie agreement of that date no knowledge of tile assignment; secondly, was that agreutnent perfentnl; ami thirdly, was it performed. The argument occupied the entire day, and will be resumed to-morrow. I'mtioStitii Dutkict Cou rt, July 7 ? Defers J ml to Betts -Charge of Renoll,?Oliver (I. Smith, John Wilson, and Itlchard McPherson, indicted for an alt nipt, to creuto a revolt on board the Am rloan brig Jud?ou, were put on tiial. It appeared from the testimony of the male that on Monday lad the vessel was about to proceed on her voyage to Dcincrara, with a full c*rgo, , u 11 ii oioppru uown 10 wio lower uay, wium me pnuonits refused to do furthor duty, anil tho brig bad to put j back. The defeuee wiut. that the vessel wis tinsoa- i wcu thy. iind that their lives would be endangered if i they proc< eded on tho voyago Two witnesses were I cxitniimd on behalf of ilio prisoners: one had i b >n a mariner for ten. and the other fur 1.1 you re. They boili swore positively thut the vessel was unseaivortby. and that (hey would not go in her. The mate was recall-d and he swore that she was perfectly Hcawr.rthy The prisoners were found guilty, liiii reci mtueniivd to mercy by the jury Tho Court then pas-ed sentence, which was. that euolt should pay u flee of and be imprisoned until it wns paid. The United Stolen rt. Mary llnrligan.? Charge uf I Larceny on the lligh Sea.?Mary Hurtigan, a girt about | 22 years of age. of respectable appearance, indicted for | lnro ny. was placed at the bar. It appeared that she whs a passenger in the ship Governor Hinckley, from 1 Liverpool to this port; that ?t the commencement of ! the voyage she was recommended to Mr. and Mrs. Dean, ; who were also passengers, as a servant. Shortly before | the ship reached this port Mr. Dean missed thrca | severe gns and tifteeu shillings and sixpence, in silver. Suspicion fell on the prisoner; she was searched, and > money answering the description of that lost, was ' found on her person; her trunk was then searohed, and : some urticlcs i f weai ing apparel and un empty pur e, j which were identifi"d by Mrs. Dean as her property, I weie found in it The jury, without hesitation, found i the prisoner i'uiUy. Sentence deferred. The Grand Jury came into Court in tho course of the day. and hanu< d up true bills against John Cooper, for ember/ding letters; and against Itobert CoacKer, lor ohstiurling a. custom house officer in tho discharge of his duty. Cooper whs afterwards arraigned and j pleaded uot guilty. His trial is set down for Tuesday l next. t iHcciT Court, July 7?Bvfore Justice llurliiut?C'nthnrive .Itidretoi et cl. Executort. vi. Goodhue rt alt.? Tills cuuso was given to tho jury this evening. Sealed verdict to-morrow morning. CnM-uoN Pi.sas ?Before Judge Ingraliara ? Caloitt Lightbody rt at. vs. Dnniei *1. dale?This was an action oil the case. It app' ared tho defendant purehnsed gn cories from plaintiff to the amount of $101, for which be give a draft payable iu tifteeu days, on. and accepted by, Mr. Van Wart solicitor. At tho time of rririvtir tin* lirrtft tin thut tliprit W i , it in:iti til llhode Island who owed him tho money. an I that Mr. Vnn Wnrt woo then talcing measure* to eollcct It, and would receive it by this time the draft would mature.? At the end of tho fifteen day*, Van Wart was raile d upon to pay; he refused, stating that he had no funds belonging to the- defendant : he further stated, that at the tline hearceptcd the draft, the defendant told him that a eoutraetor in Rhode Island owed him a considerable num of money, and Instructed him to write to Providence 011 the su eject; ho accordingly wrote to an attorney residing there, and ascertained that aueh is person resided in Providence, and that he was a solvent j and respectable man. but received no further in-true. 1 tions from the defendant The defence wa?, that tli i plaintiffs having accepted tho draft in pajm> nt for tlx irgoods, they could not recover in the present form of action 'I he jury found a verdict for the plaintiffs for $114. suhjt ct to the opinion of the court on a case to be made. Common Pi.f.as, July 7?Before Judge Ingrahaui? John ] ' Rtivrrkt vs. I/nrman lirtrn?This was an action to r rover damages for an a-sault and battery, alleged to have been committed, on the 14th of October last, at a public hi use in Christy streot. The jury had not a.'iccd when tho Court adjourned. Tho judge directed a scaled verdict to lie brought in to-morrow (this) morning. General Sessions, July 7.?Before the Kcrordi r. and Aldermen Downing and Carroll. John McKeon, Km)., District Attorney J'rity Larceny ?William Watson was put on trial for stealing ait clcs of weuting apparel from George Simmons on the iOth it Mav In -1. Janus Va?i.n.m?, who keeps 11 sa'Ior hoarding homo, hi Waters r-et. tortitlcil >lmt Watson slept nt his house on the night of the 20tli of May last. and that ho loft on the following morning. lie subsequently saw tho pants 1 olonging to Simmons on prisoner, and aerusnd !iim of taking thorn from Simmons \ ve?t and.j ickot won nlso taken 1m longing to Simmons. In tho cross-examination it was shown that Simmons had Wat"on'B pants on that owning, and that they flapped clothes Both wore drunk the night previous. Simmons not having appoart <1 to prosecute. tho defence ret up was that there was no fplonious intent, and that the whole affair was the remit of a spree, in wliieh men otten take the liars, pantaloons and other articles belonging to their associates in thsir frolics Tho prisoner had already been two months in prison. The jury found tlin prisoner not guilty. Jlt'trnjit nl liitrtlary -Anthony Wallace, (colored) w?s plneod on irinl charged witli attempting to burg'a lone I v enter tha house No. 81J0 Broadway, helonglng to J I, li ' Hobkiir llvsi oe jnn . testified, that on tho tilth of May, pris ner anl ano her were heard in the yard attained to Ills house by his slstor-ln law: he went rut and called some aid from a porter house adjoining: the prisoner was heard tapping at the -hutt-r of the window; lie had evidently been drinking. Tho Cm i t directed the nri(nittnl of tiro prisoner, t'ere not teing sufficient testimony to sustnln the cbsrgi of burglary. Verd'ct accordingly. I'n'te /' Terrs? Itonoyweid Benson, alias Henry her,.son wo put fi rwanl on trial, charged wttli obtiinIng a oiiaiitit v of gold pons, coats, tests ami gold ported <" ( s ui dor fnl.-e pnt-pces. valued nt 7"iU, from Her r -n and Bihwii < t this city, s n the 7th March last. The prisoner had two accomplices implicated, but di mantled * partite trial Tho lu.mci arc Alexander (I. I.i x and Kphraiin Maynard. Annas:* J Rkrkii.i. of N'o 0 Domloiek stret t. gold pen nionnfacttiier testified- that hi* place of busliim? ?h? 7S ami 77 N at pan street; ltns a partner. Vlr. Rrosn. About the 1?t March laet. Cox one of tho prisoner- i-barg-d railed on him at hi< place of btialness, and made a proposition to him for the tale of some of hip property ( ox. on that occasion, exhibited to him a bond and mortgage for pl.VJO. from (.'ox to Benaon. tho prisoner, conveying certein lota of land, allonti d in I tien. containing 4U'J acre* of land in aid eity. (The bond and mot fi.'ige wore lu re exhibited They appeared to hare been duly rceorded. nod biro nil the evidence.! of perfectly legal documents | The wit neat continued Th<y present-d nn abstract of title, and alpo a map. being a representation of the property described in the bond and inort;--t ;e. The abstract, or search if title, trap banded m> by anion named Warren No persons wero preo-nt on that o< cssion *ave Cox and Warren. The Dcfkpi t here raiseu the question that.Inasmuch as the prisoner had not been present on that occasion, he eould not lie held responsible for the act of Cox. Alter citing authority In support of his position, counsel for defence demanded the ruling of the Court at this particular stage of tho trial. The l)i>i nicT Arroaacy contended, that, inasmuch as the parties were connected In this tran?aetlnn, an l were evidently itnpllented by sueh connexion on paper. It eould not bo contended that the prisoner had no eotinexton here. The (intsT ruled in tho testimony. WiT.\r.?s The paper here produced was shown to me; I to Hero It to be the copy of the paper represented by him to me as an ab?tract. of the title The Drissca objected to the Introduction of this fiaper as testimony, where an orlginuljwai alleged to bo n exi-ti-nce. 'I he District Atisisi i hereupon demanded the original from the defence, which was not put in. 'I he Court r- led in favor of admitting the paper as testimony, on the ground of the refusal of the defence to Introduce the original, which It appeared was In their possession. The Dvrasca again objected, and contended that they could not connect hla client In the transaction, no far The Court-Where parties are. m in thU ease, jointly charged for an offence of this eharaotpr.-it la L D. TWO CENTS. apf art nt that thor ooiitil ronm-rrt t bo prli .rmr (U aa pent in the ranaacllnn Thi- On rict At o x>r oonleadod that t!*? t<?M ninny ?s< otourly TbaCouai othTuIik) lhi> nljrctli>s for thr dif'lioa | \ mapoftbo ?-itjr of l/tlna * < born putin. abiding I.:.'' the pr j or:y w?< located in tha' ciiy J VVi i -1 in continuation. -Tut <?i to m li- ?i 1 r fir to tlm owner of thn property?in?aninir Bennonf T the title itnd raluo of the pmp-rly Ho aaid bo wanted In niakn the parnliCM tor tlm owner* of tho property ponri a and pcu-holiia \i wh o tlm kind of property ; ho (jot a'a toot* and Teat- Till* iia.pan it 1111 till- 7. Ii . f Var, K I to nu no i-t ititlr rn 1 i.t i ? about I lie g fr the 1st t a tha Tth of '.larch 1 com in nn lea th- fa. t of the off-r mil repr?s?u ?tions to my rartn*r In ? u'equum e or thuso rp . s riliitlore, I col.I ti p property, conta, rnti, g ?l<t mid silver pencil ca?<M; I d-llvered them to Co< Mnjri ipil t id Mie he pot but Olio of I lie pencili I mint al ter liii-i t" I'm and aak?d lilm where I ooul 1 gel injr property t lie t' !d mo to olcur tit. Tbo bond and mortgage, I found < ut to bo ? rtli no mope than M'f. Orui ihirIe?7 ? i he flr?t thus i saw I'm n?.n> eu win n tbo slicri;," oamo to arrest mo <>u a ciril ault f ir fnlse imprisonment on being discharged fir this samo complaint. Never ?aw Benson li-fore in my life. I va uctl the property I del in-red to Co* corroe 1 jr. '1 ho case wan b- re adjourned orer to vlouday n"*t, as one of the jury being an Israelite, could not nit tie .Saturday. Important Jupuiai. Arrointmanr?.?We undernlatnl that flovernor Thomas baa appointed .Indue Thutnnn 11 Homey Chief Jindie* of th? Hiirh Court of yippeaU of Maryland, and William Krlck, &sq . of Baltimore, pr. sluing .Indue of the district ooinpo ?d of liallitnr.ro city and county, and llmtf >rd e tuaiy These otllans were m ido v.emit )>y tt>e lam-ntcd dec tLa of Judge Aic'mr Ti e of Chief Ju tioe of tlio Court of Apt eal* was by]uniremal out ant, asalgued Judge Dorai-y, to whom an the oldest Judge o.-i the bench, the maiille of liia lute distinguished andgreut y lnniented nssoeiatu denoended. ami who will wear it well. 1'or the olHno of presiding Judge of tbia judicial (JlHlrict there wi re several gentlemen spoken of. and, we ore informed quit" an < arm at interest taken In the appointment by their renpeotiie friends The gentleman who line loon selected far tlie responsible and distinguished oflloo? an otlhe distinguished not le a by the imp. riant duties dorolred upon, and high powers committed to it, than by the talents, virtue* and pcraonal qualities of those who hare tilled it -will go Into . flico with the liest wishes of the community i lie Is well known to the people of the State. U a member of the liuliiiuore bur, and hns heretofore held oIQohs of liiuh 1 runt and distinction ? having been the oolleotor of tlie port of Baltimore under Mr. Van lluren's admiBistiiilion, noil subsequently having served a lerm in the Senate of Maryland In the appointment at I liiin to tin* high and judicial office we have noted, the | (ioviruor has given him evidence of hi* ft'oat oontldence. and at the tame time hie Riven to the State a Judge of high i hariicter and reputation. -Hall. I'atrial Tumi, or .Augustus Dutkk roa thk Mime-ii or Kllk.v Oaks, at Bo.ito.v.?The trial of Augustus Dutua was 01 inmeiieeil in (he Supreme Judicial Court yesterday mornfmr. before ( hlef Justice <hn \v, and associate Justices Wilde and Metcalf. The following facta were stilted i y S. I) Parker. Ksq , in his opening address ta tin* jury, all of whieh wore subsequently proved by the witnesses for the government. The prisoner wished ta many the tlereisod. She refused and persisted In her refusal. lie threatened to kill her and himself tf she did not marry him; and he procured the pist'd, powder and bn'ls several days before the fatal deed was done. She obtained the pistol from him. and locknd it up la her trunk, lie in some way procured her keys, and repossessed himself of the pistol, anil kept her keys, and on the night of the fatal occurrence she wished to pet her trunk open to get some wearing apparel to g? out. 8'on e words passed, iu which she demanded her keys; and not getting them, she procured an axe to force thetiunk open. Some women interfered, an! took the live away, and Klien Oakos went and sat dnw ri on a chair. The prisoner then deliberately took hi- pistol from his pocket, levelled it at her. discharged on i' of tho bnrrelft of it, perforated hur neck with three bullets, giving Imt threw wounds, and shortly after varils di-ebnrm'd the other barrel of the pistol into lilt own biuly " Tlio dofonoe rot up la lnsauity; an<l with a view of establishing the fact, witnesses were ex iniinnd a" to the prisoner being in a Mtato of delirium Iremeno at the time of the eouraission of the fatal deed The prisoner is ti Canadian by birth, aud has been In the iiol.it of using ardent spirits toexcesa?Motion Journal, Oth imt. Ai.missi .as to thk Bah. ?Tho following named gentlemen hi.To boon admitted to praotioe as Attorneys, i Solicitors, nuil Counsellors of the several Courts of the ; State of New Voik: ?Samuel Browne, Hugh T. llooraoiii, HoWrt I., t'olley. Krancis U. Dykers, Win ti Klagg, [ lienry XV. Oenet, James \V. Oreen. John II. Hand, I John'll. MeCnnn, VVm K. Miller, Vinos C. Morey, I David II. (ig.leii, Jr., Sidney I', lingers. James A. > lluthren, Henry (i. Scudder. John h'. Van Slyko, llobt. S. Webb and William A. Whitbeck. Fomun ok Jt.t.Y at thk Lunatic Asri.t/.n, T'tica.?Tile patients nt the State Lunatic A->ylum 1 at IJtica were assembled in the chapel, which was decorated with wreaths of evergreens and flags. The desk was surmounted with busts, crowned with garlands of flowers. The chaplain opened the exeri cises with prayer, alter which I>r. Maltbie read a poem written by one of the patients. It was well written, musical and patriotic. Then followed the I address bv Air. IJ ogers, one of the patients, a gentleman ol some diplomatic distinction. It eviuced rending and (lioiiL'lir, and the delivery was excellent. 'I'llr whole hflair would have iloilc credit to ii city eclebrntmn. After tlic siniririij of nn original ode, tin* uwiicucc formed a profession with music and banners, and, under the direction of Master .Infill Hri'diuin, who oiiiciated as grand maralial, in the lull iinitorm of the Asylum tluards, marched I round tin- wines into the enclosure in the rear ot the niairi building. Ifere seats had heen provided, | and while Dr. lirichftin read the toasts tint h id hem contributed by patients, attendants passed refreshments of various kinds. Some of the sentiments were enthusiastically received, and the audience enjoyed the celebration with the relish 1 of true pntriots. We publish some of tin* sentiments. Ji was observed tlint nearly ail of the patients contributed to the collection, and that some of tin- bc?-t toasts were written by persons who nte most deranged. The day wo celebrate?May its annual return find u- more fitted to perpetuate the bleasingslt commemorates. The Superintendent and other resident officers the props i.f reding reason?May they ever walk uprightly the him Ives ; our works are their abundant praise; they must look above and within for their chief reward The United State* of America?lu everything that constitutes national greatness, of all governments, the | oldest ot its nge. May it know no delirium dotage. 'Jlie revolutions iu Kuropo ? While In the old world the p< c.p'e tire trying to mould governments after ours, may we telle care that we do not spoil the pattern Iridi struggles for freedom?A little less blarney, and a tilth mere grape. I'at. ltepuhl een I rance?The spirit of liberty a little inti xicates her - drink away Johnny ( Impeau, when you are older, you will bear it better May Snnla Anna tako his everlasting flight, and | leov Mexico without <41 to light his path?Hurrah for our I rave General /achary Taylor! Give him tha b'g ship for h? is a tirave sailor. (lev rot Scott?May he have plenty ol time to coot his porridge. Matty Van with tVilniot's plan, I it'i ay lor hint him if he can. i a-.s ' alas ! We think it best His home shall he in the fur Wet. Old Ireland - May the rot he transferred from her potatoes to the human beings that oppress her sons. 'I he Doctor Hero's wishing ye may never die, nor nobody kill ye till ye knock your own brains out ginst the silver knocker of yer office dhoor*. Cass and V an Buron?The first shall be last, and the last shall be first The I idles of the Institution?They will compare favrrah'y with ti e Indies of the I tiea Seminary. ol.. t .. i... Mho thev maintain their free loin of Hfii M'h. 'J brrc ch< crx lor lienry ( lay?a sure fouuUution for a |>It>nk romt Our Suj ermton'lrnt?When humanity shall ceasa to havo * ? ?. hi' will criini to l?? remembered. May hla rcsani be equal to tii.-< def-erts. (Iur n.iiiilry'.i lauri l.? fade will nover, \V ith Washington and General Taylor. The ('niniii;; i.U'cttou May w? not find that in tha l:oilin;r of lb-- politlml pot the urnni has risen to the top. km i:th ?'i ft t.v Accioksts at Bobtcw.?A lad named hnstopher Andrews, residing in Andnver court.was bmlly ijnured bv the explosion of a hot la o| gunpowder, with whirh lie whs celebrating tiia tth Ills nun end both wrists and legs were seven ly burnt. A young girl was also injured by tha Mdiii* < \i'I? ion. An irishman was run over by a ehai-e, at the corner of Htate and Exchange streets, and w i t adly iiijiired. A man was thrown otTliia horse inTren.oiit row, and sustained considerable i on; \ little girl at the south end, cam * very i ear being burned to death, by her clothes ttking lire from fireworks ; and a boy was injured by the ignition ot a buneh ot crackers in his pocket. At MiMiiornR, Vt?By the premature dneln.r.ee ol a cannr n, Mr. Albert Jord in ha J his left band hip! wrist entirely blown away; Mr. Fayette Rattist hail a part ol one hand shot off, and wns otherwise badly injured, and it is feared mor' tally. At m' 'mustowt, n. j.?Henry Williams, a voiing man working in the Jirsn/ma* otlice, was shockingly wounded by the bursting ot a small cannc n, made from a musket barrel. Severe wotirdswero made, by the fragments, in his neck, btc.iM, shoulders, Ac., but having received promt tnedical aid it is thought lie will recover. Willi ins was attached to Taylor's battery, undor (,t nernI hcotl, ami participated in all the battles froin Vera t'nu to Churubusco, where he watt w oucded in the leg. The remarkable fart i? noticed by the PhilaiMrl t; .'h't not a cafco was tiiken to the hoeig'si on Tu< sday last. %