Newspaper of The New York Herald, September 23, 1848, Page 1

Newspaper of The New York Herald dated September 23, 1848 Page 1
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J _ V * ?x?C*?w . ? . np tt MTVCKV" NO. 5825. Fur?s& "s1 c r.a v mm2Xtva. FUNNY OP G AN!! Z ATI ON. FUNNY SPEECHES AND FINNY DOIXUS. The ultra Clay wings of Mew York, a few days since, called a m?etinc ?f the friends of Henry wiay an evening, to t .lie into consideration the bestcourse to In* |>:irt>ucri in reference to certain letters which lmd been received from Mr Clay, in which hat distinguished st desman declined, poi vel}', to sanction the u.~e of his name as a can- ' didate tort he Presidency; but, at the eleventh hour, they counteruiHiided it by the following noice, which was published in the evening papers of yeslerd.iy:? In DrMocnii ii' Wiiiq Clay Exscutivb Committkk:? 1 It was ri-solvid, That th- meeting called for Kriday , evening. 22(1 instnuI lit Vnuxball Harden, should be , postponed until further notice 11/ order. WIl.LtS HALL, Chairman. i N. Carkoll, Secretary ] Notwithstanding this postponement, a large assemblage ot people collected together at Vauxhall Garden last evening, audi voiced their d'terinina 1 tion to do someiliing, notwithstanding the notice ( ot postponement, tor.Mr Clay, on their own ae* ; , count. After some delay, and u good deal of con- ( 'versation arnong the patties Msserubled, who rtutn'bered, | robably, five hundred ot mure, a gentlem in I listed in th?- afternoon tmpers, indefinitely postponed. ' What war, therefore. to b" done Afier the lapse of a few minutes a cent.luB'iii moved. that in the absenoe ! < of the regular pernor s. Vir Kronen take the chair, and > that the meeting he organized, which was accordingly < done. 1 Mr. Kmsns s: paid that he had understood that letters i had been received from vir C ay. in which he stated i that he declined a nouiiuation by his friends in New 1 York; but, sa'd he. we are whiga yet Henry Clay 1 whig*. yet. (Applause.) We have a perfect right to meet and say what we "hull do under the oircum- ' rtanres. It is said In the Exyrem. which paper, by the 1 way, be did not place inuon reliance on. (laughter) that Mr. Clay will not consent to a nomination. What 1 thereupon shall we do? 1 "Vote for Taylor!" 1 No, no! Yen. yes! Hurrah for Taylor! Throe cheers 1 for Henry Clay. Hurtub, hurrah, hurruh! I Mr. Kriibke? Wo meet here, (order, order,) as Clay i men, r-ot as Tai lor nini 1 1T ..... l.ntl, II UfS-e A.,e nnmlnl 117.. ne.1 , whige-yes. that's It. urn wbigs." '-We are for Taylor." "Oh.shut up." "Well 1 Hay we'll rote for Taylor" '-Hurrah!" '-No. d-d it we do Henry Clay for ever." "Hurrah, hurrah." ' A little luore grape." "No yo don't sir, wb'il go Clay, and nothing else." Mr. Fbiibee found it impossible to proceed with his remaikc. and a gentleman, whose name we understood to be Smith Kli got on top of a table and read the following resolution: Resolved, Hint on c'cetiiral ticket, for Ileory Clay be formed, mud that a committee of nine be appointed to curry tuis resolution into effect. Cries of " Committee," " Committee," " Committee." The proposer of the resolution got down, and Mr. Frisbee essayed to speak ( Order, order.") We are whige, I aay. (" That's the talk ") I was at Philadelphia when Mr. Clay was cheated out of the nomination. Some disturbance between a Clayiteand a Taylorite, in which the Tajlorite got liu-tlcd out. During the disturbance, the friends of both candidates amused thepatlves by cheering for their respective favorites. Mr. Fbubke.? is John Smith in the room ? (Laughter. " Yes. here's a directory full of them." " Walk . dp, John Smith and a good deal of merriment.) ? " Three cheers for John Smith." Mr. Smith.?Gentlemen, I take it we are all whigs here, and we did not assemble to differ (--Good!" " Hurrah for John Smith!") We came here to agree. (" Good again, John Suiith." and laughter.) Now, let us confer together as brothers; let us eome to the point. What are we to do, in the present condition of , uffutru' !' Vote for Tavlor." " No. no." " Yes." I " Huriah tor Taylor !" u Out witli that Taylor man,'' and out he was put.) Here the Sixth Ward ('lay Club came in, headed by a drum and fife, and bearing a blue banner. (" Three cheers for the Sixth ward boys ' Hurrah, hurrah, hurrah ! ') John Smith. ?Gentlemen, I was about to remark that Mr. ( lay's feelings are honorab'eto him; but .Vlr. Clay is public property? l" Thai's the talk") ?and what right has he to say. " Gentlemen, you i-ust bury your political hearts under the shades of Ashland (Koais of laughter ) Yes, I say ah&t right has he to Bay we must bury our political hearts under the shades of Ashland? (Renewed laughter.) I need not say what 1 am coming to. 1 atu coming to the nomination of Henry Clay. (Great upp'ause, and two or three Taylor men sent out of trie room with a rush.) Yes, in spito of Henry C lay?(1 hat s the talk")?let it go from north to south, and east to west, that we. the people, will nominate Henry t lay, in spite of Henry Clay. (Uproarious applause ) Vniri- ?Anil hv so iloiinr elect General (lass. COut with him " ''Out with him." A rush, and a Taj lor | man less in the room. Mr. Smith?Now, what in our position ? We didn't appoint the convention that nomiuated General Taylor and rejected Henry Clay. Not oue in tea of ! us voted for it. A* a good whig. I would certainly i have felt bound by the nuiiiuatl u of that coaveu- j tion. if they had Douiiuutcd a straight out and out, ! unmihtakeable whig; but here we must take a man, who in our own souls we can't understand, whether he Ib even a passable kind of a whig, aud this, too, when we have a galaxy of real true whig*, who have labored for years for the pat ty, Is it not humiliating I to feel that we must go for a man of ((UHistionable principles, or a man who nays he has no principles ! Is it not degrading to take such ijuestionable Bert of animals as onr candidates .' Voice.?Do you call lien. Taylor an animal .' If he is an animal he will be your uext Pr-indent, d?n you. ("Three cheers for tieneral Taylor." " Good." ' That's the talk ' "Hurrah." "hurrah," "hurrah." "There now." "No you don't." "Give us three for that bright star of the West." "Hurrah "'hurrah," ' 'hurrah." ' Put them out." "Put out all them white ' liats." "Out with thein " "Song," "song," "song." I "Give us a song." "Let's have a song.") Gentlemen, said an individual mounting a table, my voice in hoarse, but I'll do the host I can. *lli! times, they *ny, are hard; We've no inourt ami nothing to do. Sr. [" Give tie another song!" ''Throe cheers for Clay!"] At this point, a Mr Dorravck inouiitod the table, and aaid he wan a sincere friend of Mr. Clay. Mr. C. had been nominated in thia aud other places, and It was hoped that he would receive sufllcient votes to throw the election into the House of Representatives. But Mr. Clay baa deoined. and, as a sincere friend of Mr Clay, he would not do anything to displease him. (" No. you don't!" "(Jive us a Clay speech, or none!") i don't say we ought to go for l'ayior; but what shall we do ? ( 'Vote tor Clay!" ''Bah!" " Three cheers for Taylor"') But if Mr. Clay has said that he will | not let his name be used. 1 d > net see how whig* can insist on bis being nominated? ("Oivo us a Clay ; speech, will you? None of that, neighbor; wo want a Clay speech ") But 1 tell ynu what we can do?we ran go for Hamilton Kish. lint what will we do in the presidential election? ( ' Vote for Clay!" by a hundred men.) This gentleman's discourse gave so little satisfaction thst he was compelled to retire from his elevation, and make room tor a gentleman who said he had a resolution to oiler. The following resolution was then rend " Roaolvcd--That ws deem it the duty of nil whins to guppor Hentvllsy nt ell times, and tuider oil olrcuinstanooa, and no one eleo, fur the l'rosidcney of these United States." Gentlemen. shall I read any more? "Y'es." 'Goon." " They're no good." " Give us another." "ResoWed?That this meeting recommend to tho Clay whigi o" I New York to rote for llcnry (.'lay if they can " "What's (hat yon say?" "Yea, we can." "No, 1 we can't." "I say we can." "Head the Sixth ward resolutions." " Y es, yes. read the Sixth ward resolution*." YVell I will. "At a meeting of the above named club??What club, nelglib r ?" and great laughter. I "Goon." "Goon." " Yea. go on?d?n the club.") | "At a meeting of the above named club '? (" Head on." " Head on." " Head on "1 When? i the following resolution waa adopted : ?' Whereas, the : time haa arrived when the young men of tliia country ? when the young men of this country?yes, gentle- 1 men, when tho young men of this country?do?did? ea, didn't- no, that ain't it. ( ' Well, what the h 1b it"Goon" Great laugnter. 'Hurrah fur the young uitu of our country !" I.asghtor l i At this stage of the pi oseeding* a Sixth ward Clay 1 boy, of the rough aud tumble order, jumped up, aeixed i the resolution, and commenced reading? j At a meeting of the nbove named club (" Damn < the club, gite us the resolution ") th? following reso- i lution was adopted:?" Whereas, the time has arrived. i when the young men of (his country?when the young men of this country (Daughter)?' when the young men of this country."- (renewed laughter) ( ?"when the young men of this country do yes claim to have claim to hate when the young man of tbta country claim to hare." (tremendous uproar and laughter, in the midst of which the gallant Six'h ward Clay man fail, In consequence of the table on which he was standing being pushed ) Here a young uian rose Gentlemen, I suppose it. is not necessary to apeak about these reaolutlons. (Cproarloua laughter and merriment. het'a adjourn?Cet> adjourn; and the meeting ad- i journed. ('apf. ii \y'likn and .1 \cmi:i,.?Theschooner Aliel Story, from Cnpo Unytieii, 2d lust , nnived at ihis port this morning. All was quiet there when she loft The Trepidant na? expected to vl?it the place ahortly. .business wa* exceedingly dull and the paper currency of the Inland wa* much d- predated On" hundred and eighty peper dollar* were pa'd for a dnuhlom; four or fire month* ago the ra'.e wa* 70 for a doubloon An Kngllrh bark had nrrired which stopped oiT Jacmel for paner*. The captain of thi* bark rnporti that all wa? quiat at Jaomel. ? Ihilnn Tiavrlhr, { I ? III II I I HIM?-.WIUBUT II?l IIT'IIW E NE MORNI KnlliuklaitlU: Tiij lor riwllns at Jerm?y l/lly? The friends of Tejlor ami Hllmore assembled in maun meeting. last ni^ht, in front of thu Hudson House. in Grand afreet. ] At the appointed time, the house was brilliantly illu- , ruinated and decorated with a numb r of banners, in- | aciibed with the rayiuva of OHueritl Taylor. Iinmedlatelv over the front door whh a laree truinrurnnioi re. preventing the (Jenerul on old " Wbitey," in the attitude of command. Dodwtrt'j's cornet band was in attendance, and disuouret d several martial strains before the organixation. and rookuts and the roar of ' cannon loietold the general hux/.as which were to follow. | Tfce meeting wav organized by calling Pm-rms C. Dum.mkh tu the chair, aud the appointment of several ' Vice i residents and Secretaries Mr I)vumkh. in a very brief manner, expressed his thankfulness for the honor conferred upon him lie ' Mod they had met together in of their country, and tor the grtateni hero of the country. The J vU'UOS which liad hung over Hie wnig party had been 1 dispelled, and the slat o Old /lack clloua blighter aud brighter 'The leceiit letter of Mr. Clay, declining to ' run ugaiLSt the regular noun nation, was only u test of his devotion to the chum' lor which he had been so long ? hailin g aud victory whs ctrtan. Mr (ismitt whs loudly called tor, who appeurod and C sung a real isyior song. David Oba 11 avi. Esq who had been invited to ad- e dices the uiet ting, was here loudly called for. fie c came forward aud said that he responded with great R nhcrity to the ctll .hat had been made upon him on 8 the present, occasion. (' heers ) lie rejoiced to have * the opportunity oi meeting with his whig brethren lijiciu the sun.c piatloiui thai would curry triumphant success to ibo whig cau*e, uudor the auspices of such lom as/acliary luylor aud .Vliilard Ki(ltmne (More I cbotriDg ) Ho presented him-eii on thu present ooca- c ston, Hot without feelings ot doup and overwhelming 8 embarrassment. In the hrst instance, perhaps, because c bo wan entirely unknown, aud wan an utter stranger 1 among tLem[(''No, no."J and secondly, becauso he pre- y seiiteu himself there, to retract opinions which bu had * heretofore expreeaed ; and to declare anew opinions f which be had entertained in relation to the whig party. (< heels ) It may not be known to them ail, but still, b Ibere were uuny auiotig theiu who did know, that he a Celt himself culled upon to disapprove of the nomination J1 of General Taylor, as candidate for the presidency, at the Philadelphia Convention; but the events of the b last few days, and the letter of General Taylor, enabled ! tiim to ray, that he stood once more upon the great , whig platform, (immense cheeriug ) under a pledge to Uppoit aud promote the success of the Philadelphia u nomination. (Cheers ) Mefult heoughtnot to trespass P upon tliem with individual opiuious, or any former opinions of his, in coming before the in on the present , occasion; but he felt it uue to himself to state, that in fregard to General 1 ay lor. whatever opinions he had heretofore entertained towards him were entirely re- * moved, by the frankness and nobleness in which ho J' ITfTffttl hlmislf I irfclf (vociferous cheering) in his let ter. He had declared, ill that letter, that in the event of hie tiiieg elected 1'resideut, he would be the Presi- *' dduut of the whole nation (cheers); and he would not * leel himself called upon ruthlessly to proscribe every ^ one under the government, who would not lend him- * self to pass laws to meet the views of the heads of the d executive. (Cheers) After this, he would honor .D Zachary Taylor, and he regarded him as a true, indexible, and sterling wing, (cheers.) Within the * next aix weeks they were to be called upon to exercise ' a trust, the most important in conuectiou with the administration of the great and glorious government of r the country. They were to decide and declare in c favor of opinions, which would give power to that ? government, which it was to exercise for the benefit of 1 the country; and he would claim the liberty, as an e American citizen, to address a few considerations ?, to them on the present occasion, in relation to the * question whether the executive Athig country was P to be confided to Van buren, Leinr Cass, or Zaohary 11 Taylor. This was a question wbicn they were called c upon to decide, not fioin whitu, caprice, or prejudice, but from calm and sober iea.-ou. With regard to Van a Buren, he did not see that there was one chance for that individual for the Presidency. (Cheers) He ? knew there were men present who imagined, that be- ' caute there were differences in the whig party, Van J Buren would get votes enough to carry him into the Pre- 1 Bidency of the United States But lie would undertake 5 to f<ay, that Lip otv u Stat*, which ever before repudiated hioi, would do so attain, and the vote of New York, he would undertake to suy, would be found to go in favor of Taylor and Fillmore, (Cheers.) The whig party of New Y< rk, no matter how deeply they revered the name of Clay, would stand ready to do battle in the cause of Taylor. (Cheers) The vo ce of the " page of Ashland" had inspired new zeal in support of the principles they pospegsed. (Three cheers lor Case and Butler, were loudly called for by a voice in the crowd.) They need not be at all afraidai to theinjury Martin Van Buren would inllict upon their principles in the State of New N ork. AN hat claims had Martin Van Buren upon the whig party? None For years, they had stuggled to defeat hiin?a man who had been well known to them, as the "Northern man with Southern principles." Mr O. here reviewed the recent course of Van Buren, in relation to free roil, and the new doctrine of the free soil party, which, he coutended. were not It accordance with the old and settled principles of the great whig parly; and. therefore, the idea ot supporting Van Buren should not. for a moment, be entertained by the great whig party (Cheering.) ills opinions, in relation to the national bank and the puolic lands, those i great and leading measures ot Henry Clay, were also v to be repudiated by every true whig (cheers); and be- c cause v id uuren nappeneu io agree wiiu tnera npun ? one point, were they to forget ail other* and vote for t hiln? (Cheers, and cries of " No," " No.") They should alf o consider that every vote given for Van Dure n at the approaching election, by the whigs. was given iu favor of Cass, who had abused the powers of tile government, and aided the administration in their abuse of the same General Ca-s had disgraced the nation by his conduct towards Taylor and Scott, during the late Mexican war. by his supporting the admiuistiation on this subject. After adverting to the course of the lccoloco parly and their presses, in endeavoring to create a prejudice against General Taylor, because he was a Southern man. Mr. G. went on to i ay, that Henry Clay was a Southern man, and so was 'ihoinas JeflVrson, and this should not be taken into consideration in such a case as that of the Presid> niial eltciion. (Chceriug) In conclusion, h? called upon the whig party, shoulder to shoulder, to rally for Taylor and Fillmore, aud go boldly forward and support the whig ticket. Mr. Graham, at the conclusion ot his speech, was vehemently applauded. Mr. Charles Muslim then appearod, and sung the following song, composed by himself, expressly for the j occasion :? When the trumpet sounds to war's alarm, 1 Old Kough and Heady fears no harm; 1 ? cu ii nod nun teaumng nis gauant Dana? ; At l'uint Isabel, he takes his stand. Nest at I'alo Alto field, He made the haughty Mexicans yield; He fought them next at Monterey, When Ampudia, he gave up the day. At Walnut Springs, old Zaokdid stop, With his men. to cake of o >ld water u drop; Then on he marched with his gallant band, His country's honor to defend. At Buena Vista's bloody field, you know, He laid two thousand Mexicans low: A nd Santa Anna, he struck a snag, 1 When he got a little grape from Captain Bragg. And where did you come from, Oeneral Cass ? < And who do you belong to ? Alas ! alas ! I W hat will yeu do ? It's now you see, ] You'll be beat by Hough and Ready. Now. Matty Van, to you I tell, ' At Kioderbook you'll have to dwell, Your rfthhairtt atil! tn arnur And ia the old homestead there lay low. General Taylor if our oountry'a defenderlie is the boy that will never surrender; We will, bs in days oi y >re. t Klect'hiiii. with our own Killmore. The Chairman announced that Mr. Thayer, one of the gentlemen who was expected to address the meeting. would be in the train, aud he hoped they would keep their spirits up by singing. Some time elapsed, the train arrived, but Mr. T. had not made his appear- p ance at a late hour. p The meeting was a most enthusiastic one, and thole present, numbering about two thousand, seemed to be fl earnest in their endeavors. While waiting for Mr. Thayer, the larger portion of the|paople became tired, and left A telegraphic despatch was rnceivnd from Washington. stating that G W. P. Custis was addressing a meetiLg of the whigs in that city. ???? a Movement* of Individual*. Arkivai. ok t api . ( apt. George Kerr, lata J of th Lcuiriana Hangers, and who ao signally dis tinguiihed h meelf in routing the guerillas of Mexico, srrtvidin thin oity yesterday, and stopped at Loveioy's Hotel He is a printer by profession, and a native Dt Pi nnsylvanta, though, for some years, he has resided ' in New Orleans. He will embark in u short time for f L alifornia. 1 Ex-1 resident Tyler, lady and family, arrived in the Inn. I.lao.l r-n < a ul..r,l n v Th.v lalll r.n,al. I.. * town some days. ^ The L'beraw (S. C ) Unrritr of the 12th instant, en- b nounrcs the death of II. W < nvington, Senator elect 5 fr< in the senatorial district of Rtohmond and Itebeson. b In North Carolina. t Hon James buchanaji left Harrisburg on Thursday morning, to make a brief visit to Kranklln county. Pa t lion VV'ra I Graves, one of the electors at large for ll.o State of Kentucky, oontloues dangerously sick; | indeed his recovery is almost beyond hope. N Major Walter Willey the well known proprietor of o the Arcade Hotel of New Orleans, died there of the n prevailing epidemic. 0 Major (tentral <lames Is in Daltimorn. o Brevet >lsjor W II K.inory. has addressed a letter *0 c Adjutant (iereral Jones, in which he pronounces the < statements made in relerence to him, by the Hon. T. \ II Denton In his speech on the nomination of General Kearny, t?{he "unti unded calumnies," tand requests H 11 an ' an officer lis directed to put these charges in p fi rm,'' that ha may be tried by a court martial forth- 0 with. p Itev. Dr. Nott has entirely recovered from the serious diners which has, for some time afflicted him. n W 1 ( NG EDITION?SATUI The I>nnft Warrant Korp ry Case. Washington, September 21, ISIS. George W. Phillips and Samuel Slettenius, two land and bounty agents, residing in this city, were arre6ted on Monday last, charged with obtaining a land warrant, the property of Charles White, a Uncharged soldier, from the Land Ofllce, by ottering a forged power of attorney. A preliminary examination roe held before Justice Van Tyne, at his otHce. on Monday evening, when the farther examination wai postponed till this day. According to agreement, therefore, the examination viih rwuuii'd before Justice* Van 'i'yne, Doun, and 'urcell, at the Court house. Tbe room was crowded ? he case having excited great interest here, (iuorge IV. Phillips' case was than gone into. [Mr. Kueller. who caiue into court as a witness, was 11 rested as a party implicated ] Mr. It* i < i.ii i K appeared for tbe United States, asicted by Mr. Turney, (tbe gentleman who declined be cbict Judgeship ol Oregon.) Mr J. 11. biiAoaar, assisted by Mr. liellen, appeared or the deteuce. Mr. Katcmffk said, tbat before he proceeded to tate tbe case, he considered it proper to state that le would do or say nothing out of the record. The case is this :?1 understand the proseoutor, Charles iVhite. was a soldier in the late war, and when discharged he applied to the government for the poor compensation which has been allowed to discharged oluit rs. H ten he applied for it he m told by the ;ovemn>ent I bat there was nothing for him ?he had >een paid. We say in this the government is wrong? hat it has bteu imposed upon?and that the iuipoitlon baa defrauded the poor prosecutor. This is the irst count of our indictment, aud we will endeavor to trove it by the prosecutor himself The papers of a Uncharged soldier are tirst tiled in the pension office, Ltid there examined. As aouu as it is found they are loirect, the soldier is notified that his warrant is eady lor bim. The papers of Charles White were forrarded to the department by Mr Shucking, and a loto of the time was made. The warrant was issued, >ut there is some doubt in the minds of the ofllcera of he pension office as to whom it was delivered. We iropose to show to whom that notillcation was given, nd to prove that the defendant was the man Ana ipon that point, as to where that paper was deivertd, hangs the destiny of the paper. We exact to prove that it hus been the practice of he defendant to go to the pension office, and earing the man called out, asQu&a the practice of he Commissioner, got possession of the notification as n agent of Charles White. This rule of requiring a ower of attorney, is of recent origin, in order to proect, as much as possible, the soldier from beiug detaudrd We will prove that 1'hillips first went to the ,and Office, and presented Charles White's notificalon. and was there reminded of thenewrule. This raa on the 14th; on the 15th he returned with u power f attorney, 'i he difficulty, if uny, will arise in prov g the issuing of the notillcation previous to the -sue of thewairant. We will prove that there is no tber Charles White mentioned in the Land Office. Ve will prove by White that ho never had anything to 0 with rhillips? that he never gave him any authority. Ve then pro.e the existence of a crime, beyond all oubt, and the question will be, is rhillips the crimial. We have traced the land warrant, and have found 1 was purchased by Corcoran & Kiggs of rhillips. We rill prove the discrepancy between the signatures of be land warrant and the power of attorney. The dernce is this, and I shall make no comment on its chaacter; but before I go into it, 1 will state that an appliation was made by Pht'lips, since the commencement f this examination, to Corcoran h Kiggs, to retire he warrant, but the application was refused And we xpect to prove that 1'nillips said, that the way he prourtd the warrant was, t hat, being at the Land Office, be warrant was handed to him 1 am sorrv I can rove such things? but my duty compels it. [ ooma iow to the defence, and it will be a question with the ourt. Mr. Hkllei* objected to the prosecutor going further .t this stage of the proceedings Mr. Hatelikek would cht-erfully spare the gentleDen if he could spare himself; but, continued Mr. 11., am here on my oath to discharge my duty and I must lo so. The defence will be that this notification was nought into Stettinlus'g office on the night of the 13th ir 14th of September by a stranger, and that Mr. itettinius's paid $100 for it; the party saying he would some back next day and make an a-signment, which le did. I make no comment on this defence, but when .he Court looks at ail these facts, it will bo their duty Mr. Bradley objected to the address of the United States attorney, as calculated to influence the publio mind. .The defendants have everywhere admitted that an [offence had been committed, andjthat the aslignment was obtained from a man who represented Himself fraudulently as Charles Whito. Why, therorore, go on to discuss what was admitted ? The detir*.. fa that another man. well drevaail. offered the as. lignmcnt to Mr. Phillips?and that this man, and not Vlr. Phillip* ha* committed the fraud. Alfred Smuckimo, sworn. ? Acted as agent for Hbarles White, and deposited his discharge in the Penilon Office; did so at White's request, on the first of tugust last. On Thursday last, the 14th instant, I tailed upon the Commissioner of Pensions, but the payers could not he found; and on the 10th I again tailed, in company with White, but succeeded no beter. On Mcnday merning. early, 1 went to the Cornoission. and a clerk at the office produced the papers, lith an enderscment upon the discharge, that the laim bad been allowed and a notice sent to the claimLut. I then proceeded to the Land Office, and found bat a warrant had been issued and delivered upon the >resentatlon of a power of attorney to George W. 'billips. I saw the signature to the power of attorney, ind It was not the same as White wrote in my presence, hat morning. I wish to add. that previous to Thurslay last, the 14th, I had always called White John, n.vtead of Charles, and supposed that was the reason vhy the papers could not be found when I first asked or mem hi me rension cunce. Judof. Wii.liams. of the Land Office, examined.? rhe power of attorney and notice now before me were >rought to my room by Mr. Phillips, on Friday mornng, the 16th inst.,and. upon that authority, a warrant 'or 160 acres of land was issued to Charles White. The irder requiring a power of attorney from the party en.itied to land, had been made the day preceding. On hat day. Mr. Pbillipn had presented a number of orders rem soldiers, and i took them, after issuing the warants, and asked the Commissioner if, in future, orders would be sufficient; and he said, in reply, that powers >f attorney must hereafter be produced. Mr. Ratci.iffk.?Had the circumstances which had induced the adoption of this order, any connection with Mr. Phillips? I wish to know if it was anything connected with the orders presented by Phillips, that caused the adoption of the rule requiring the power of attorney. I ask. had those orders presented by Phillips anything to do with the present case ? A.?They had; there had been considerable suspicion attracted to the execution of papers in the office of the defendants. Some of the orders in question had a cross, instead of the full signatures of the soldiers. Mr. Bradlf.v.?Can you produce those orders? A.?I can. Mr. Braiu.kt ?Well, wo want them first. Mr. Katcliffk.?Well then, you can drop that part of the narrative for the present, and get the orders byand-by The witness then identified the papers before the court as having been issued from bis office. Crots rxamintd by Mr Hradley.?1 have no recollection of warrants ever before having been issued on crders, excepting in the instance i have menlionod On Thursday, the 14th, I received the warrant, and on Friday, the 16th, Phillips got possession of it Examination in chitf reunited ?I examined the relister book as far back as the middle of August, and io not iidu any omer unaries White nameil. White, examined by an interpreter.? Q.?Do you know George W. Phillips? A.?Oh no. q.?I)ld you enlist a* a soldier for the late war. ? A.?Yes, y-e-i-No. Speaking without the aid of .he interpreter. q ? Were you a soldier in the late war ? A.?1 enlisted for the war in Mexioo, in Pittsburg. Q.?Were you discharged ? A ? Yes. Q ?Where at? A.?At Mliilin, about twelve miles fYom Philadelphia Answering again without the aid of the interpreter. Mr. says he was discharged at Fort rlittlin Why I can interpret first rate. (Laughter.) q.?Were you discharged? A.?Oh yah .' I was discharged by Oapt. Schatt. Q.?When did you come to Washington ? A?About three orfour weeks since. A good deal of difflnuly was experienced In getting ,n answer to this question. q ?Did you over give any order to any one. to get our warrant ? A.?Oh no. no, I never did. q.? Did you over speak to Mr. rhilllps about it ? A Oh * -- I M.r w# admit,may it plsasn the Court hat the witness never caw Mr. Phillips, although he eye he did. and we also admit that he did not sign he paper in question. In answer to a question, the witness atatod that ho raa born in Alsace. France. Mr Uradlkv called the attention of the court to the act that the diacharge stated that Charles White waa iorn in Pittsburg whilat the witneaa on the atand aid he waa born in France. There did not appear to >e any proof that the Charlos White on the atand waa ho Simon pure. The examination waa continued the witneaa stating hat he waa the aame man mentioned in the diacharge. Col Edwards, Commissioner of Pensions,examined, le testified aa to the receipt of the papers from Mr. hacking ; Mr. Phillips waa frequently in witness's dice during the last few weeks; aomntimea when witloss's room was ornwalvd he has called over the names f persons entitled to notifications, and aa they cried ut " that is mine," he handed the notification orcr; annot recollect to whom he gave the notification of harlea White; the entry is that it was delivered to Vhlte in person. Mr ft a i c 11 rr n. ? Do you reoolleot having ever given notification to any agent, when the principal was resent?or does it necessarily follow from that enorsement, that the paper waa delivered to White in erson! Mr. Bsam.kv ohjeoted to this question, as throwing o sort ot light upon ths omsJ )RK ] IDAY, SEPTEMBER 2 A long legal dfreusHion ensued between the counsel' daring which whiggery, looofncoimn, democracy and free soil doctrine, for the liritt time, were introduced Into the reipectabte company of (;oke and Rlackstone The Court oonddered the question already m substantially answered by the witneas Eiaminafion Cimttnurd?fie explained that the office did not take up papers nut of turn for an agent ; but if the prinoipal authorize?, verbally, t > delirer the paper, it is endorsed aa having been delivered In person. It might happen that in the harry of business I might give an agent is paper if I li.o?w him and I would not alter the endorsement; I can't aay who got the papers of Charles White: I will ineutioH, also, tnat agent* oiten accompany claimants lo h * ollic*. by *ny of getting their fee*; i ay to the clavman'. hern is your warrant, and I have act*n the agent got possession of it before the parties left the room Itev F. S. Evans, Clerk i n the Pension Office?S^w Mr. Phillip* at the Pension Office two or three time* during the past week; my impression is that it was on TliurMlay and Friday; I have sometime! heard Colette) Edward* call out the name* of claimant* Kliiha Kicos. (of the firm of Corcoran & ltigg* ) ? I had no coBTerHiiiion wilti Mr Phillips atanv s.ine; in tlif early part of the week I bear J that a land warrant had been bought in our office, and that there was something wrong with rvrpect to it; I, wont down to Mr. SlettlniiiB' office, in ordrt- to raj that we wi*hed to have nothing to do with the warrant, and that upon the return of the money the warrant would le> giren up; Mr. Phillip* and Mr .Saunders were both present; 1 said to Mr Saundtr* that a person had nailed upon us in tlie morning, to enquire about a warrant for Charles White, and that we could not then tind it; we afterwards found a warrant for Charles White, but with a ditleri nt date fr. in that described; we also beard Home way, I don't know bow. that the department svd there was something wrong about that particular warrant; Mr Saunders said he was not acquainted with tho tram action himself, but ttiat it was prohabh' Mr. Stettinius had received a power of attorney from some I buries White, and that it might hare been delivered; be knew nothing about it Mr. UaTci.irFi, at half-past four, moved that tho examination be postponed, and the court adjourn till tomorrow. Mr Uhahi.ev said that ho was obliged to leave town, inevitably, to-morrow morning, at fl o'clock. Dut he bad a higher objection to urge against the delay; whilst the ease was pending, the defendants could not pass the stieets without having the Soger of scoru pointed u.t them as beiDg the parties charged with crime. It was due to them that the case should be closed as soon us possible. Air. Katclisfk would not move an adjournment, bnt. that it was impossible to conclude the case under an; circuuiMisuces. Mr. liiuiis wished to make a correction of his testimony. lie was rat her short-sighted. aud was mistaken fie regards Mr. Phillips having been present during his visit to Mr Stettinius. lie (Mr. R ) was not personally acquainted with Mr. Phillips, and upon again looking at the gentleman, he was convinced he was not present at the time in question. Mr. 11 hai)i nr.- May it please the Court, you will then wipe out all Mr. Kiggs'testimony, as the defendant was not present. Some further discussion ensued as to the motion of adjournment, when the Court decided to adjourn for half an hour. KVKN1NO SITTING. Mr. SiiucaiKu was re-called, and stated that he had not received the notification from the Pension Offloe for Charles White. Crots-txaviined by Mr. Bradley.?He had acted as agent for claimants, and they had voluntarily given him fees. He charged nothing for attending to White's claim. Claimants bad paid him Ave dollars. He bad ' undertaken business as au attorney, having been admilted as a member of this bar He had seen Mr. lhillipps at the Pension Office, on Friday, and bad no conversation with him in relation to White's claim. Witness never made any charge, but aocepted whatever tbe claimant choose to give. His object, however, principally, was to guard soldiers from being imposed upon. L'Mahi.m *? inte, ru cauuu.?l/iu nut nigu tin? n-inigumeat en the land warrant, nor did he authorize any one to do so. Cro?*-examtn?I.?Q.?Do you know Mr. Shucking ' A.?Shu?eh ? Here Mr. Shucking presented himself to the witness, and enquired if he did not know him ? A?Ob! Chichen ! Gas! gas! Ich knows Chicken ' ?Where did you first become acquainted with Mr. Shuching?or Chicken, as you call him ? An interpreter had to be called into requisition ? this question being rather too complex for poor White. A.?In Washington. Q..?What day were you at the Tension Office ? A.?(By Interpreter) On Thursday. Mr. Bradley. ?What did he say, Friday ? Withes*.?Yes, Friday. Interpreter.?(Indignantly.) Oh, be says Thursday just now: now be say Friday ! i'oh ! Wi res;**.? Bah! I ich didn't; he (pointing to Mr. Bradley) told me to say Friday ! Mr. Bradley denied having given any information to the witness. QWero you to pay Mr. Shucking any thing ? A.?No. He was my friend, because 1 was a German. Q. -Did you tell the recruiting offloer, you wore born in Flttsburgh ? A.?No. I wa? born in France; I am a Frenchman. No one asked me where I was born. They measured me, and asked me how old I was. U.?is lhat F.mrlish ' (Handing him a DSDer.) A Yah; that s F.nglieh. tl -How do you know its English, when you can't read? A.?Humph ? [It wan subsequently explained that ho meant it was not Herman or French J U-?Does the interpreter know what you aro here for? A.?Yah; why, every ono here knows what I want. Q.?Does Shuoking speak to you when he comes to your boarding house? The witness made a reply in Herman, which Mr, Grammar, a wealthy banker of this city, was kind enough to interpret. Mr Grammar?He says, when Shucking comes to his houfe, he sometimes takes a glass of wine with him; but that when Shucking speaks to him (witness), he does not speak to any one else; and when he speaks to tome one else, why, he don't speak to the witness. This reply craated roars of laughter. A.?Was anyone with you at the pension office? A.?No one but Mr. Shucking. Frederick Stul.t7. examined.?White came to witness's bouse on the 30th of July, in the evening Charles White.?Yes. F. Stultz resumed.? Whito had boarded with him ever aince. White.?Yes. Mr Shucking made an explanation. He stated, that on Thursday he bad called upon Mr. Stultz, and told him to desire White to call at.his (witness's) office that day. in the evening, he found that White had gone to the Tension UQlcu by himself, and had not been able to find it. Mr. Nurse examined ?I amaclcrkin the landoffico; Mr Phillips presented the power of attorney atd other papers relating to Charles Whito to me, on Friday morning, and got the land warrant j Mr. Riggs afterwards brought the warrant to the office and left it there, saying that there was something wrong about it; 1 gave him a receipt for it. Mr T. 11. Svtem, teller in Corcoran Si Higgs' offlco? I think tile warrant was bought by me on Saturday; was brought to our office by some one connected with Stettenius; they came to get it back on Monday, I think Mr. Nurse recalled. -This paper is merely a certificate of tho warrant; the real warrant never leaves the offire, but the certificate is a warrant to all intents and iiUmoses TIIK DKI'KNCC. Mr. Bbadikt.?Well, Mr. Itatellffe, will you now drop the prosecution, 113 you said you would, if you failed in your points? Mr. Ratci.ii'rr.? I acknowledge that, in the case of Mr. Itiggs, we have measurably failed; but we hare still sufficient left to warrant him in being sent en for further prosecution. Mr. Ba.tni.EV?Wall, well, perhaps you said more than you intended Hut. may It please the court, the prosecution has failed in proving two of the most material points. One is. that Phillips had said lie was present when the power of attorney was made; and. secondly, that Phillips had told >1r iliggs that be had procured the warrant from the Pension Office by mistake. Neither of these points has been prored, but rather disproved. Now. the defenco we intend to set up is as tollowc? Last Thursday evening, whilst the defendant was aittii g in bis office, a stranger called, apparently an American, wearing a cap and dressed In citizen's clothes, snd tendered tor sale the notification which is here produced. The notification was from [df i eusiou uiiicp, iinil siaiea mat < narii-M \vntle was entitled to a warrant for hi* services in the army Ha had offered to poll bi* warrant to Mr K nailer, who was engaged <u the business hneltrr declined to purchase, an lie could not coma to terme. l'ha man left the office. and had got aa far aa tha pavement. whan Phillip* railed him back and entered into a negotiation with lnm, which resulted iu hi* paying him a hundred dollar' in gold Mr Phillip* then took trom him an Assignment. of the notiticalion and a power of attorney. The atranger tan desirous of quitting the city Mr. Phillip* desired him to take le*a than the market price, aa it might be a long time btfore he could obtain the market prlre. The traffic took plane in the presence of two or three witnesses. Having paid the man flu) in gold, he engaged to come the next day, Mr Phillip* infotming him that it wa* necessary to call and give at the *ame time a blank assignment of the notification The next day the man came to the office, ami acted in accordance with thi* arrangement Mr. Phillip* afterward* went to the Land Office and obtained the warrant. He executed the power of attorney in the pre*i nee of a notary pubHo, and witne**ed and executed the es*igtiment In blank, and delivered it to Mr. Ilillllp*. Now. tf we *how thl*, we maintain that we have shown, that not only we meet thi* prosecution, hut that we prove It to be a wanton pro*ecution of respectable cltlien*, and that all thi* I* perfectly apparent to the pro*ecutlwn iteelf I care not from whom it emanates- whether from private cttixens or from the government, I den< unce it a* a wautsn prosecution We offer to prove that Mr. Phillips was not at the Tension Office on Thursday When thl* warrant wa* i**ued. It was after ene o'clock, and to ahow thl* I have examined the testimony We offer to prove that notwlthatandlng what has been paid by witneaae* on the ?ther aide aboat a search having been made in the I.and Office, there are other Chariea White* In the Ttnslon Offloe, and the government which eeeke to ?w?!_UiHW ! ! I 111 ?I B E R ,4 3, 1848. crush lucre individual* known it. I will *how | tliie, sod also prove by respectable citizen*. that I a men representing himself to he Charles White, did cull at their olhce. ami off.-r for sale thin paper. Now. if we show I hut there nre otlini Chart** Whites, end that one of these sold this warrant, thinking. perhap* it wan his. rightfully. why whatever the collate! on the ether side may th.'n't, I Khali expect to nee b )ih of their defendantK go foTth free and irrepi rave liable I have hnowu holli of the** gentlemen from ray infancy; they are my neighbors, ami I conies* I feel ill finri W). PfTilv ft .r f hunt' f hnu urn innA?a<t f know, I feel th> y are, and I th? reforo wt.-h to do all I ran to cast from thorn this dairriitnir. burning cbanm, which, if pro-red. would not only destroy thoir bmine.-s, but inevitably tuin thoir characters and disgrace thoir families. Mr S4C.m)km. sworn ?Is engaged In Mr. Stottonius' c.flico; Mr Philltpa is occasionally there, but is not, to my knowledge, ?ou neoted with Mr Stottonius; w is at t)io Pension ofllre on Thursday at 1'- again at 2. and remained till 3 o'clock, and did not ut any of these times tee Mr. 1'hiilips thoro; was in I ho oflloe when Mr. liigys called, about I> o'clock on Titesdny morning, after tho trial handed mo $100 and aoothor warmnt; I went to Corcoran i* Higgs. and said that Mr. Phillips 1 underetood Wlilte'r warrant was not Rood, and as ho n* to tender the Talue of the warrant, aud to get it hock; I hml no authority to make the statement as repai d? the warrant, but 1 'hi1111j ? gave me tlie gold to go w ith. c* usi* rxatnined?1 made the statement without tiny authority or instruction from Mr. Phillips; I wan, however, at the trial the night before ; I carried $110 ill gold and another warrant ; I fust went to the Pension Office on Thursday morning at 9 o'clock, and stayed about half an hour ; I vent again at 19 clock, i and stayed a short time, and then again at 'J o'clock, and stayed till all the warrants were distributed ; did not see Mr. Phillips there at any of the timea ; ,\lr. I 1'hiilips was at Mr. Siettenius a portion of that day; | do not Venn to say ho could not have gone to the j Pension Office whilst I wan away, but did uot see him. Tnonua K*im shah sworn. ? Han been engaged in negotiating warrants tor Mr. Stottenius ; a man came into ' the offiee on Thursday evening, and wanted to kuow j it tiiai was the place where they sold land warrants ; j Mr Kueller replied (> yes the man then produced a ' notification, but Mr Kneller refused to purchase it; he told biui if be would get the warrant he would give him $119 , the man was going out when Mr. Phillips called him hack, and i then went out ; the next day I caw Mr. Phillips speaking to the tame man ; told him to take good care of his money, and not to squander it awny us many soldiers did. isriiss-tj uwijif a ?11 whs auuuv u u uiuuu 111 bun tjvt*ning when the man first call?il, and he had just got out of the door when Mr. Phillips called him back; Mr. Kneller, Mr. Stettinuus, his eon, Mr. Phillips, ami myself, wero all that were present; did not see any money paid. Nothing new was elicited by the cross-examination. 8 Sibttkmus testified, that Mr. Phillips transacts business in his office; he was in his office on Thursday nearly all day; Phillips is a relative; he marrieda niece or half niece?his sister's daughter by a second busband; he did not know the exact relationship; he witnessed the transaction of Mr. Phillips with the stranger; did not see the whole of the hundred dollars counted out, but heard the jingling of the pieces. Mr. Phillips was permitted to testify, that he received the blank assignment of thestranger on Thurs- < day; on Friday the assignment was drawn up; this < was alter the transfer was entered on the back of the wurrant. Mr. Stbttineus, resumed ?Said that he would know the man calling hunrelf Charles White, were he again to see him; the tilling up the power of attorney was in the hand-writing of Mr. Phillips, witnessed by Messrs. Phillips Kneller and Stettineus; Charles White signed his own name. Crvu-cxamintd.?A notification he considered tho same as a land warrant, because without, the former, the latter could net be procured. Had bought notifications, and paid for them the money agreed upon, lie, Charles White, culled the next morning. Friday, and made an assignment, on the back of the warrant, to Mr. Phillips. Had ascertained from a clerk that there kus another Phailee \V hite, who hail a claim. ( Sami'EL (J. Kski.ikh, sworn, Raid that a Charles ( Whire calledjst StetleniUH's office onThursdayjovoning; heard the conversation betwion him and Mr. Phillips; saw the said Charles White sign his name three times, twice on Thursday, and once on Friday. Crom-txamined ?Apprehended there was some risk, and therefore he did not himself buy the notification. Saw Phillips count out the uiouey, and witnessed the assignment. Never saw the man before he earne in the office, nor has he seen him since. lie and Phillips have an understanding that they will not interfere with one another in making purchases of land warrants. Left the city on Saturday, so as to travel home on a i Sunday, to his family in Clarke oounty, Vs. An express was sent for Uioi, who. told him the case, and he | loit ao Uwii MMDiag to Washington. He was sum- j moned as a witness, and as such cams here, but ho | soon f und himself arrested as a criminal. Mr. Stbttkhiib called and cross-examined ? His teg timony was, in substance, that when he had the money , in hand, he bought lots of warrants on his own ac- : count; when he happened to be short of funds he would ask Mr. Phillips to join him in the purchase. Joshpii Si r.TTiairs testified that a person came into his father's office, and his name was Charles White. Mr. Phillips purchased the warrant and gave the man one hundred dollars for it. Kecollects that the transaction was on Thursday evening. o rtut rj-i mi lien ? ?aw e na.s. v? une sign ui.1 uaui.e and give Mr. Phillips a power of attorney. Mr. Kuvllea' Mr. barquahar. Mr. Phillips, and father, were present; never have seen Chas. White in the street since , don't recollect the appearance of the inau or his clothing. Mr. FiiKLrs, a boarder in Mr. Stettinius' house, and a student of law in the office of Bradley. He related a conversation lint took piece at the cupper table, on 1 hurt-day evening, corroborating the testimony given for the defence, as to a mail calling himself Charles While, going into M>. Stvttiuiua' office, of his notification lor sale, tse Mr. Auniaoit, acierk in the Tension office, was called to testify that there was more thau one case on the books, where the nauie of Charles \e hite occurs. Mr. Ratcufse objected to this secondary evidence A discussion on this point ensued, pending which, another effort was| made to adjourn by Mr. Hatcliffe, on the ground that it was impossible to conclude it tonight. The defence protested against any adjournnn-nr. Their worships appeared to be very much puzzled, and at length decided upon postponing it. Mr. Bradley appealed against the decision This prosecution bad already prostrated upon the bed of sickness, one of the members of the family of the secured. it was a mere act of humanity thol the charge should be at onre acted upon, and the defendant if innocent, and there was not a tittle of evidence to convict them?should he dismissed. The court said that it had turther concluded to proceed with the ease, if Judge iKdw.irds could be brought here to night [10 o'olock P. M.J After some further dWcugsinn, the court announced that it thought it would be iuipossi UiV iu a Liu wnuiu luerrimv t% i- | joi.rn 1 he counsel for tho defence Again protested against deity, but the court adhered to it* decision. '1 tie exML.ination was accordingly postponed till tho lid of October next, at 10 o'clock. This distant day was fixed upon iu consequence of Mr. Bradley's unavoidable absence from the city. The understanding, however, is, that should Mr. Bradley return at an earlier period, the case would be then resumed Messrs. Phillips [and Stettenins were held to ba'l in the sum of one thousand dollars each, and Mr. Kneliur in the , turn of $2tS0.06._ B, Brooklyn Intelligence. Kiamikatio.v of (mi.kkvk, son Bkjamv.?The I examination of (iildersleeve, on the charge of bigamy, I has take n place, and he b?ing dismissed. Tho testimony < of the woman, with whom he has been living, being, to | the effect, that there was no marriage contract between them. Ho is, however, held on the charge of abandonment, Lutlor that he has a sufficient defence, : having left his wife with the means of support, lie is, also, held on a charge of bastardy, but it is probable be will run through with little damage l.itw Intelligence. 1,'siTrn Status District Court, September 22, 184b ?Before Judue Belts ?The Court was aliourned to Tuesday next. The Murder Catr.?No application to bail, by Bertrand and Watson, the captain and mate charged with the murder ot Albert Burgess, was made yesterday. Circuit Court, Sept. 22 ?Before Judge Edmonds ? 1 On the opening of the Court this morning, his Honor announced that next week he would put from 50 to 75 causes a dny on the (lay calendar, and try such causes as would not occupy more than an hour each That < alter next week the September circuit would be ad- I ] journrd until the 17th of October, in consequence of j , his engagements on the oircuit in Orange county; ; that on the 17th of October the circuit would he re- i sums (I, under Judge May nard, who won id proceed with tbe jury rases, and that hiwhiuiself,would, on that day ( take up the equity calendar ( Sheldon vs Connchy and Proudfont,-?This was an action for goods sold and delivered. The goods were j purchased by Conachy. and the bill made out In his i Dsme. end a no'e f iisi by IToudfoo'.. When the IK IP upi niur uup. 11 mi' in i. |i?iu, i?uu imiauiiy men, fir the tiret limp, stated that there was a partner-hip between himself anil I'roudfoot. and that the latter wax to pay for the good*, and produced a correspondmen to that edict There was no defence, and judgment wax given for plaintiff. f'toudfout vs. Cooptr?This was an action to recover $100 the amount ot a doctor's bill. The jury gave a ' verdict of $40. CoMMov, September 22, 1848.?Before fudge j ( Daly ? jlltxandrr r? (Vortrndykt?This was an action on a promieaory note lor $262. defence, usury. Ad- ! journcd to to-morrow, ' ' Common IYhas, Stvcial Tkhm, Sept. 2i Before f Judge 1 ugi ahaui ?Dtcii'ont - In the matter of me , chanto'a lien on houses In ?22d street - Motion to cancel r the lien granted the clerk to enter the cam > on the jdocket Bernard vs. Chapman? Iteferred to (leo. W ( Bauney, F.eq ( audell vs. Parkhurst lief*tred to Peter W ilson, K.m|. M henna v? Clark?Motion to show cause denied, Michael Cane and another ra, y Win. S, Clarke?Motion denied. ' f ' c i Kr t'ai ?.m*n for this Dat?Common Tleas? j Same calendar ae yeaterday. I'm it or Arrr ai.s, Sept 21.? All the .fudge* present. No. Uit? Stary Martin, Ay Art friends, vt Nnrris I. Martin.?I) f>. Field was heard for appellant, and H. ( It. J'wryea for reepondent. c +Wt ' ' > I i ID I ?, ? 0 f ' . L D. TWO CENTS. I I?4J Mmkih IIc T. lrgr Sereritl ftrt!i%>r> Lave b?n u K"lo< tb? rund* of the pubic journal* is ?>l?r?uce to the on-* of the Electro K<H|{tiiiia Ttlrgriitli! Profe-aot y >r^ii?a I ?lr O'itHlIy. m? Intel- ilfeU'ti by the IJrjtf?il Court in Kentucky. The Tiove pte*>*oto'i hy th-xt HrCe'ie urn < nlrulnlej. ultli o^'h no doubt without lt/Vr\ I in. to (injiitlice the public rain I a^uiaHt the l?i il r uht of rrofeeror Mo?ft, a* secured ?'#> b in by Iett? r* p-jtent; ftnd not. only no, but to nice fil-? iuiprea* on* "> to tb? hxii bearing in trenurijl ?r patent ruht* for inventions And as th ? t pedes <'f property ha?now Imc.iiih intimately iDi?r?'i*?n with erery br. an'h of Industry | arlinularly in this enuntry, it Is hitfldy portaut ibut wron* notions ?b >itld. a" far as |M> tsidie, be removed from th public mind In an artia l? h >rur join aal of yesterday an attempt i? mad*' eoneot rrc r of lh? previous articles, hot the writer >a obvii uely not well verted in th" law of patents, otr has derived bis information from an imperfect snaro M? ree's pa?ent rest* on several paints, all of which art* in themselves important, but il>e?? is one fcatura of liis invt ntian whirh is the e?n*n'.al ha>*is of all Ills ruecess, and to this I will ronflnu 1117 remarks. The attempt lias boon trade to iaipre - the public mind Witll the iCeii th?t ivf ,t*?. .VI,...... *i*t?- ?e - coapents of electricity for the transmission of fntellf(! nrc between Ji ?tant points sad that the decision of tbe United State* < ourt in'his favor sir"" t>itu t.his monopoly during "ho term of his patent. nn<l that this decision i* tilt gal. because elemeutary principle ! are not tbe subjects of patents 1 here Is not probably any rule of law bettor established than that elctneutary principles are not th subject matters of patents, tor they exist Injua'ura, and cannot, thcretore. be invented by man They are tbe inheritance of man from the great, parent of all. and the mere tact of dieaovering ttieir properties cannot give a monopoly to the discoverer, for thin would be conferring on one, what nature ha* given for tbe benefit of all; as, for in-taiice, tile discovery of the pressure of the atmosphere, the elastic loi uo of steam, the loree of gravitai i> a the rapid pan" age of electricity along or through various bodies. and to of other elementary ptiuciples The mere discovery of these principles or properties is the llnding out of gouirChiag trusting in na'ure. and which performs its functions without the discovery. The atmosphere will continue to press in all directions without the knewit ilge of the fact, and so water and other ponderous bodies will, in falling, exert power; water, when heati d, will produce steam, which possesses eluelio folio.; and bleotrioily will continue to pass along metallic and other conducting bodies But an Invention, in cuutriioiBtinctiou to a discovery in the abstract, in the finding out or producing of something which tl'.il not before subsist, or the doing of something by the use of elementary principles or qualities of nature, which they would not otherwise produce. In view of this reasoning the judiciary of Ksgland, followed afterwards by our judges, have luid down the doctrine, that the discovery of elementary principle* is not the subject of special privileges, hut that inventions, as the productions of the creative qualities of man's intellect, are, and constitute the basis of special grants aj contributions to society; for. by such special giants, society leies nothing which it before possessed, and, therefore, such grants are not special privileges, as the term is generally understood. To guard the interests of society, and at a means of preventing one Inventionfioin closing the door agai nst others, the learned judges have laid down another rule of law, that an iuventor cao not, by the grant of letters patent, monopolize un effect; that is, that the man who by bis iuvention produces a given result, cannot claim tiiat result, but must oontiue himself to his nicllisil nf i.,i,iliinln,f Ihiil ruoilt ,..-tkn.l. ..f -?- ? , - ? - o 1 ? ?| 01fecting the same end may be invented by others; and to coaler a special privilege on the tlrst for the pro* daction of the result, would be to shut the door agaiust the pi ogress of inventions. Kveiy inventor is. therefore, limited in his patent, to the method or mode of operation which he has invented ; but any improvement or modification of that method or mode of operation, although patentable in itself as en improvement, cannot be used without a violation of the rights of the original iuventor, for the lite of the improvement necessarily involves the use of Lhe original method, of which it is simply a moditlcaiiou. From this it follows that there may be various independent inventions or methods for producing a given result, and also improvements on, or mere inoditioaLions of, each and every ot these methods. in view of these well established rules of law, how stands the matter between Morse and O'Reilly* Motso cannot monopolize the transmission of currents of electricity, for this is an elementary priucipie ; nor can be monopolize the transmission of sigus by currents of electrioity, for this was suggested by others long before his invention, but the signs thus transmitted were simply visible signs for the time, and any one lias a right to communicate nuoh visible signs by currents of electricity. Such a telegraph would, however, be of no praotiosl use. but I'rofessor Morse was the tlrst who conceived and reduced to practice, the idea of starting a mechanism by currents of electricity, which shall imprint or record the signs transmitted, so that the writer at one end shall record his ideas at the other. Thin is his invention?his mode of operation. It is a distinct and dstinite idea. * men cannot be misunderstood. Any modification of the mode of producing the record it a lucre variation of the printing apparatus used to make the record. The fundamental Idea, however, of Betting in operation the printing or recording mechanism. a one end. by currents of electricity transmitted by tho writer at the other end. is still employed, however the mere mechanism may be varied. And it inust be clear to the mind of any rational being, that, after the idea bus been suggested and reduced to practice of operating a | rioting or recording apparatus in this way, that the mere mechanical or chemical agents employed in the practical application may he varied indefinitely, and that all such variations must, or necessity, involve the Ui e of the original idea ; and that so long as the origiuHl idea Is employed, so long must the nse of it, in law and in equity, violate the rights of the original inventor. It is evident that if .Morse transmils a current of eleotricity to mall' a dot at the opporite end, that inettad of the inntruinent used to make such dot. a type with any given letter may be instituted. And so ol any other modification of that general idea which is the foundation of Morse's b< autiful invention , and so long as the modifications involve this general idea, they can only he looked upon us improvements on. and not independent of the original invention. Were the rule of law other than it is, no invention could he sustained, for when a thing is once done by a particular method, it is an easy matter to modify that method it iw, however, a veiy fortunate matter for Professor Morse that he happened to tali upon an idea which, so far, appears to be (be only practical method on whioh magnetic telegraphs can be established : and that this is so appears to enhance the merits of his invention. New York, Sept IU, 1848. RIGHTS. Police Intelligence* The "Hoiritle Vrjirartty " Cane.?Officers A. N. C. Smith and l.elandand Walling arrested yesterday,upon a warrant issued by Justice Lothrop, Mrs. Touier alias Mrs. Mints, and two young and very interesting French girls, named Vlctoire de Lancy. and Marie ds l.sncy sisters, and daughters of Mrs. Punier. This is the woman to whi m we alluded a few days since, as keeping a house of ill-fame in Canal street, and pros of the Mayor and < hef of Police to the place at the time, but, for eorae r< ason (wet linoirn to themselves, tiiey did not move in this matter, and groat credit is due to Justice Lotbrop. for the prompt measures ha fkdopttd to arrett euch a tiend in human shape, as tbia woman appears to be. It was shown, upon her examination, that one of these girls was, last fall, delivered of a male child, and that the very night of its birth, this she-devil was found near the dock, at the foot of Warren street, with the babe in a basket, perfectly naked, by officer Hulse,of the Third ward, and taken to the station house, she. being unable to give a satisfactory account of herself, the child was taken from her, and the woman detained until the evening of the next day, when, in the absence of sutHcient evidence to show any criminal intcut on her part, the Infant waa restored to her. ami she returned to her residence. whleh was, at the tiuie. ia tireenwioh street. From that time, nothing has been heard of the ohild. Since then, site has re-Med in differeut parts of this city, and in Brooklyn. until last June, when she opened a little cigar store in < anal street, next to the corner of Laight. and used the upper pait of the house as a dwelling, whe re she prostituted her two daughter* t > ?ny on? who visited them Among the visitor* to thU infamous place, were some, reported to be our uiost respectable citizens, those who are little supposed to be in the habit of associating with such characters, and visiting such houses. In consequence of being unable to obtain satisfactory Information relative to the disposal Of the child, the parties were detained for further -xamlnation, and for the purpose of plaeiug these young and beautiful girls where they will be compelled to lead a different life Embezzling from An Employer.?Captain Magnes, tf the 6th ward, arrested, yesterday, a umu by the name of I harles I to tilde, on a cnarge of robbing his employers, J. Atkinson St < o . 3b .South St., ship chandlers, of \arlous articles, such as Hour, hams, copper nails, kc., amounting toov,r $-00. On searching the house tf the accused a portion of the einbeazled property was recovered. Justice 'I impsou committed the aceusid for a furlher hearing. Forgery.- Officer Ottignoii, of tho 3d ward, arrested yesterday. a woman edled < atbarine Orahsm, on a rbarge of uia>iiiig a false entry in her Bank book on Ihe SuriugN Bank, In Chambers street, to the amount of fiifiO, uad endeavoring to draw the same from the Bank, w hen she was detected, and conveyed to the Tolire Office, and the magistratu detained her for a ' urther hearing. Arrest by Ttltgyuph.?Officer Crosott, Of the 3d iard. arrested, yesterday morning a man by the nuna >f A. Butler, on board the Boston steamboat, from tnoruiation eent on by Telegraph to this city from Boson. retting forth that Butler bad broke jail iu that Ity. and to arret him at once and detain him until uithet notice; this wa* doue and Mr Butler is deained, for the present, In the Id ward station house Carrlnr Driving ?A man by the mime of Carl Stein Ft* aereeted yeetrrday. on a charge of careless driving nthestreet, and running over a child, belonging to Wr Daniel Corey, aud breaking his arm The uiagiarate held him to bail to answer t'm charge. Tiik Copper Minks in Massachusetts.?Tin* opper mines eaiii to be hi Concord, Mans .are looted in the town of Carlisle.

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