Newspaper of The New York Herald, March 22, 1849, Page 1

Newspaper of The New York Herald dated March 22, 1849 Page 1
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TH NO. 5403. Til* Magnetic Telegraph?Bain ind Mart* Ooiitraverey. OFINION OF JUDGE CRANCH. Mtxtnitr Hii'n, Appellant, r t Sam I. T. B Mrr it, Jppelltt. Vpon the question of Interfering application* for a patent.?The Commie-loner decide* th'jt Mr- Bain's aim interfered with Mr. Moree'e. and tiul Mr. Moree wee the flret In venter, and rejected the elaim of Mr Bain From thie deeiilon Mr. Be j? u. psalsd. It war contended by Mr. Mora*, that en the appeal the only question to be decided *u th'j priority or Invention; and that upon tha question of interfereooe, the deelaion of tha Commissioner la eouolu ire, Judge Cranoh having given hi* reruns on the ease, oonelnded that on the appeal both questions name up Having asserted the right or the Court to deoidenpon both questions, Judge Crunch proceeded to examine the o'atms at large. Tha Jndga entars into a long and clear analysis of of what is and what is not patentable In Morse's patent and comes to the conclusion that all that t* pat utable in Mr Morse's >nventior4 is the oialtn for the combination of machinery and r jet*rials which he has Invented, and that this is all wl ,ioh is loft to he interfered with. The Judge then prooeeds, at fellows, to compare Mr. M or re's claim with Mr. Bain's claim, ha-ving. as above, reduced the question to the point mentioned, and says g? Theee combinations seen* to me to be far from identical. Mr Bain includes ij? hit combination the uee of the perforated paper lor composing the communication; and of the style which passes the eleotrie current through the perfoi ated paper; and the machinery for transmitting the ijame communication to several different places at the, same time. It Is said that the style is not new; but he makes it nu ingredient in his oonibination?and ' n that rerneet. his combination dttfcie from that of Mr Morse, Mid It Is a very important itom in oono-iotlon with the perforated paper. He inelades in bit c embiuatiene, new patentable matter mitt old matter, not patentable, and thereby makes a new patentable combination. This new matter thus introduced Into the new combination, is admitted to be patentable in itself without combination with the old unpatentable matter, and indeed it seems to be a Ire at improvement in the transmission of telsgraphla aforrpatton Bat it is said that Mr. Bain is enly authorised to obtain a separate patent for esob of those inventions, and eannot elalm a patent for his new oomblnation of the old and new together. If, however, his new oomblnation of old materials be patentable (whioh raaet be admitted, or it would not interfere with Mr Morse's claim,) it eetms to be not the less patentable because it ineludes the new matter in connection with the old. The old matter may not, in itself, be patentable, but joined to the new matter, a combination may be formed whioh may be patented. He is not obliged to take separate patents for eaoh new patentable matter. He does not new ask for them; he may be willing to ask only for a limited ase of those new mattere, to wit, in oomblnation; and net for an exclusive nse of them for nvsry purpose to which they may be applioable. Mr Godson (In p. t>3) eaya?"A combination or arrangement of old materials, when, in consequence thereof a new effeot is preduoed, may be the sahjeot of a patent. This effect may consist either in the production of a new article, or in making an old one in a better manner, or at a cheaper rate. This manufacture mey be made of ^different substances mingled together; or of different machines formed into one; or of the arrangement of many old combinations. Each distinct part of the manufacture may have been in common use, and every principle upon wbioh it is founded msy have been long known, and yet the manufacture may be the proper subject for a patent. It is not for those narts and ntinoinies. but for the new and useful compound. or thing thus produced br eomblna, tlon, that tb? grant Is made; It is tor combining and using thing* before known, with something then invented. to as to produce an effeot which was never before attained " The counsel of Mr. Morse, in argument, (aid, "It is ekvious, and is admitted by our adversaries, that Morse's instrument is a very different thing, in in its form and structure from Bain's." Bat form and stinsture are vsry important matters in machinery; and if they enable the operator to de the work in a better manner, or with more eass. or less expense, or in less time, it Is no interference; but it is an improvement for whlcb the Inventor may have a patent. When the application la for a patent for a combination of maoblnery and materials, form and structure beoome substance; they are of the essence of the invention: and an admission that Morse's instrument is a very different thing, in its form and structure, from Bain's, is an admission of a faot which la prima facie evidence at leastjtbat there is no interference between the two, and throws the burden ef proof on the other side. There was no evidence laid before the Commissioner of Patents upon the question of interference ; so that he must have adjudged the interference upon a comparison ot the two specifications; possibly without considering that the enly patent whioh either could obtain, would be a patent lor his own combination-all the materials, of wbloh Mr. Morse's combination consists, being old and not now paten talis. Tit. ?. . 1 ? 1. -?f ..._ ,L. r.e U. Bain and Mr. Morse interfere a* to matters not now patentable ; but wfcetber tbej interfere aa to mattera now patentable; and the only matter now patentable, in Mr. Morse's specification. la his own eemblnatlon of machinery and materlala. Tnat combination eonattlutoa hi* machine ; and hia machine ia admitted to bo a very different thing, in <ts form and atrueture, from Mr. Bain'a. Form and structure constitute the identity of maohinery. The combination oonaista of form and structure ; and (be patent, if iaoued, will, I fitesume. bo ioauod for the form and atrnetore of tbo nitrnmont. It being admitted that the form and atrueture of Mr. Bam a instrument ia very different from Morae'e, there eon be no interference in thie respect, and if form and structure oonatttnta the identity of machinery there la no interference In the two instruments ; and ir the Instruments are the combinations, or tbo result of the combinations, for whleh patents are now claimed, there le no interference In the two Instruments in regard to any matter now patentable. Bat it is not necessary to rely alone npon the admission of Mr. Morse's counsel to show that there is a grsat difference between the machinery used by the ontendlng applicants to effeetthe ohJeot?I. o., the rapid transmission of intelligence by the power of the electrle entrant. Any one who will compare the two opeetfleaUona and drawiago and models, will at onoa pares two the differ* nee. A ptteiMblt Improvement is Dot an interference. The Commissioner, in his written deoislon, says:? It appears from the records of the ofloe, that the application by said Alexander Bain sattfeot of Great Britain, was made April 1848, and npon examination of his claims, it was found that the before mentioned elalm oonid be admitted to patent no invention of a like character appearing In the public reoords of the oflee, nor in any printed publieatlon. Prior, however, te the final issue of the ease, the seerst archives were onsnlted; and it was found that an application, filed by Samuel F. B. Morse, January 20, 1848, had been there deposited, in oouipliance with provisions of law, which presented claims oonfiiotlnc with those befere mentioned, set np by said Bala." This shows that but tor the supposed interfering olalm of Mr Morse. Mr Bain was entitled to his patent; and if tnere be no interfarenoe in respect so paten table matter, he is still entitled to a patent for his own eemblnation. But the counsel for Mr. Merse say:?" There is an Interference?that Bain's third claim palpably covers the whols of Morse's first olaim; and, if granted, Bnln eonld do all that Moree claims an violative right to do; he could write Morse's characters precisely as Morse doer; end that therein consists the interference " But the only matter new patentable, and elalmed in Mr. Morse's specification, is his peeuliar combination of material and machinery, as therein described. All tbe materials used in that combination are old; and he will net. under thie patent be entitled to the exclusive ore of any ef them separately, or In any other combination than that whieh be has described In hie specification. There cannot be a patent for n principle, nerfrrthe application ?f a principle; nor for an offset Two persons may use the came principle and produce the same effect by different means, without later fsrence or Infringement, and each would be entttl>4 ton patent for hie own invention.?Osdeen, 88, 88 T4 So. In tbe present ease, although the power used hy both applicants la the same, and the subject the same} Jet, as the offset Is produced by aseani whieh appear vme so different as to pteveot an Intorferenoe, the question of priority of Invention does not arise. It Is. therefore, cot a esse under tbe 8tb section of the not el 1838, but under the 7th seetlon of the came act. So thst each of the applicants may have a patent for the combination which he bee Invented and claimed and JaMvilud in )tld SskualAaadiAm h?? -* -!? *?- ?? om to lied wit til *il the requisite* of the law to entitle lila-to a patent. If this war# a dool tfol question. I should think ft 7 dnty to render tha ?m? judgment, so aa to give Mr Ba n tha (ami right to have Ida validity of hi* patent taatad by tha ordinary trlbnaala of tha country, which Mr Maraa would enjoy a* to hla patent; and, finally, to obtain the Judgment of tha Supreme Court of tha United State* upon it. For if the Cammlwionor and tha -Lodge should reject Mr. Baln'a application tor a patent, tha decision would be final aad conclusive against him. unless he could obtain relief by a bill in equity; under tha 18th aaation of the not of 18M. and the 10th eeetlea of the oot of IMP. which, it la aald, la 4oub>fnl I am therefore, of opinlott, and ao decide? That there ia no interfere flow in tha clalma of theee applicant*, ia raiaticn to any matter (contained In tteir lespeetive spec mentions) new patentable; and, tha.efcr*; that Saiul. K B Morse Js entitled ton patent to* the combination whieh he haa Invented, claimed, and described in his specification, drawing* and noAil And that Alexander Batn la entitled to a patent for the combination which he haa invented, claimed, and described In his specification, drawing* and modal provided they shall respectively, have complied with all the requisites ot the law, to entitle them to their respective patent*. I deem It unnecessary, therefore, to deelde upOw"1 *>7 other point* involved by the reneene of appeal. W. CRANCfiWumisotds, DC , March 13 1140. * Pnlltlcnl Intelligence. . Dr. Franrie Mull' r j is the whig candidate for Congress in the seventh district of Virginia. Tiers. Foetaaaster at Rook villa, Md , haa tendered hie roaignation. It la rumored that Hon. Townssnd lialnaa, Secretary ef State of Pennsylvania ha* reeignsd Judges Reed nd Htrohm, nod Wm M Watt* are spoken of in aonifriloq with U?e potiitmco1 o{ ? success#*, E NE MOI -Bl MtnrlagncUc Chronograph. To. tb* Edith* op t?* Nkw York Hxralds? la several instance*, very erroneous positions have been taken in reference to my late invention, from the fact that the persona attempting to make decisions concerning it, do not fully understand in what the t m ventien consists. The late publication oi Mr. W. C. Bend, in your paper, as quoted in the Nno York Htrtdd, is an instance. Mr. Bond hastily and erroneously assumes that my invention is nothing more than a means by which a clock is made to close and break the telegraphic circuit, and thua cause an electro-magnet to repeat the beats of that clock at any distance, say from Cambridge, so as to be "audible at New York, Washington, and Cincinnati." Had my invention been nothing more than this, it would have produced no new effects; for the same thing had been done six or sewn years ago by Bain, by Wheatitone, and by Strinhrll. who. alm>- hv means of the motion of this distant electro-magnet, put other clocks at distant stations in synchronous motion with the original er parent clock ; theBe secondary clocks being without pendulums or weights, and being driven by ihe reciprocations of the magnet, acting very much as the click does upon the racket wheel of a saw mill to urge the log against the saw.* My invention produced all of these old effects in a new manner, which did not, as proved by experiment, change in the least the rate of going of the clock, or endanger at all the durability of its correct performance. But the special advantages of my invention did not consist even in these improvements. The most important pirt of it consisted in such a combination of clock-work aad electric, or electro-magnetic machinery, as constituted a complete telechronograph, or distant timewriter, by which the clock not only made its movements visible and audible at a distance, but it printed down currently a permanent timescale, like a tape measure, legible in hours, ten minutes, minuus, srconde.and tractions of seconds; aud, moreover, enabled the observing astronomer, by touching a key, to print, or intercalate into that time-scale the exact moment of his observation. It was thus, that on the night of the IStli of January iasi, my ciock ai Cincinnati printea ua time-Bcale, not only at that place, but also at the same moment a duplicate at Philadelphia, in both of which time-Bcales, or fillets of paper currently graduated, were imprinted the time to exact fractions of teconds, at which a star passed the several wires of the Wai&set telescope at the Philadelphia Cbsetvatoiy. The advantages of this printing method of astronomical recording, over the former auricular or ocular mode, have been pointed out by the several distinguished astronomers who have made reports to the late Congress on the subject; especially do they express themselves gratified with the minute ana accurate mode lof subdividing the second, which 1 have attained None but a practical astronomer can appreciate these advantages. The appropriation made by Congress is intended to be a compensation to me not only for the erection of a chronograph upon my plan, at the National Obaervatory, but lor the right to the government to use my invention with all of the improvements which I may make. The unpublished improvemests already devised make no inconsiderable part of the improvement which is now to be developed at Washington. The honor conferred upon me by CoDgrees, it aeeme, is an enviable one; out 1 have no doubt that the Senate were somewhat predirpoaed in my favor by the fact voluntarily presented by Senator Benton, that I had already performed a decade 01 annual scientinc services to my country in the investigation of its terrestrial magnetism, without pay. I am now superintending ihe conatruciion of some of the machinery in New York, and I waB about to proceed to Boston on the same business. It is very painful to me that a gentleman for whom I have had so much respect should so hastily and inconsiderately publish charges against me which are absolutely, though I presume not knowingly, untrue, implicating not only myself, but others, who, I presume, are equally innocent with myself of any injury to Mr. Bond. I am the more surprised at this course pursued by Mr. Bond, from the fyct that, at an early period of my invention, I sent him a most confiding and cordial letter, announcing to him my invention of the printing method of observations, sending him a specimen of the printed .fillet, as I did to several other scientific gentlemen, and even requested his co-operation in the perfecting sf some of the subordinate parts, which were very much in the line of Mr. Bond's pursuits. Credit was given by me, in my first publication at Cincinnati, to Mr. Bond, for suggesting a new mode of breaking the electuc circuit by clock action, different from that of Bain, Wheatstone or Steinhill. Yet (hat new mode haB not, so far, I believe, been tested. My own mode of breaking circuit is not a modification of Mr. Bond's, but is sn original one, invented and mude by me, in 1845. Mr. Walker has also named Mr . Bond's suggestion in his report (Congressional Doc. 21 ) The mode of breaking circuit is not essential to thp n#'rfnrmnnr#? nf mv rVirnnnornnh in th* nrintinor method of observing, for any one of all that have been invented may be adopted provided it doee not interfere with, or injure the petformance of the clock, a property which my mode has been expenmentally proved to possess. Thus, my invention, which, like most others, is a new combination of things already known in order to obtain a new and useful result, so far from beinir identical with Mr Bond's, and a plagiarism or piracy from it, does not include his invention, or any part of it, as a constituent element. John Lock*. N?w York, March 20,1849. * Such Inatramsnts art the common magnetic clocks of Enrops and tbc continent fit was a similar specimen of ehroaographie printing, and a similar one to Or. Baek, Superintendent of the U 8 Coest Survey, which oaused him to say, in his report to Congress on the anbjtot" I have received from Dr. Locke, of Clnoinnatl, specimens of recording by bis electro-magnctlo clock, which entirely fulfil all tbs conditions required by the astronomer." (Cong. Ex Doe No. SI, p. S) Canadian Matters. William L. Mackenzie arrived in Kingston on Sunday. Last evening, his effigy was burnt in the Market Square. The alarm of fire having been given, the Fire Brigade turned out; and the burning in effigv was witnessed by several thousand persons, we are not in favor of such exhibitions. With regard to the present case it is making too great a man of Mackenzie, to draw together the citizens of Kingston to witness his representation hung up bv the neck, and half a dozen tar barrels placed under it* ? Boys, however, will be boys," and foolish exhibitions please oftener than those of an opposite character. It should be recollected, however, that the countenance of respectable persons at such affairs creates contempt in the minds of the populace for law and order.?ATtngifon ( Canada) Arffut. Within the last few days, the ice is rotting and disappearing rapidly oa several parts of the Welland canal, and UDon enauirv. we lenrn that it will be prepared by the first of next month for the reception arid passing of vessels?a fleet of which iB expected by that time, from Oswego and other ports; so that, in all probability, a full trip will have been made through the Wetland canal before the Erie canal is open. Great exertions have been made, during the winter, to deepen the rock bottom in the B oad Creek branch, ao that on the opening of navigation, veneris drawing nine feet of water, can pass through without obxtruction The navigation will, at leant for the early part of the season, be by the Feeder and PoitMaitland, ss last year; but the works of the harbor and lock at Port Cslhorne have been very much advanced, andfit is expected that the short ard direct line, by Port Colhornr, will be available in a few moi.tba.?St. Cutharmt't (Cnnmiia) Jamnal. The Ship Franklin Cask.?The trial of J. W Crafts, in the event of the Grand Jury returning a true bill agaiatt htm, will probably come on next Mouday. It is said that the captain's wife has got lelteis. received fioni her husband, to prove the arrangement mitde between her deceased husband and the owner, or owners, for the destruction of the ship The irunds of Captain Smith say, that the tenor of those letters noes to prove that he had the intention to bring nome the ship safely, and expose the conspiracy on his return. This reirort, it may s,>pe?r, scarcely tallies with the facta elicit* ed in evidence before the commissioner; but as wo httve no desire to prejudge the case on the evidence hvfore the public, we decline saying more on lis merits ? lint ton /Vote*, March 21. Extensivb Forokry and Swindmno.?The Louisville (Ky ) Courier, speaking of the forgerv and swindling nitrations si one Benjamin Cloud, in Bourbon county, et that State, save:?Cloud has been an extensive dealer in stoeli, and at this time bar a drove of some 400 cattle on the wav east, and Hnother drove on the way south. He has lately traded off several forged not s ; among o.'hers, one on Mr. Cioff, a rich farmer of Clarke, for fft.000?-one on Ben Oay for $ld)00, and one on a Mr. Smith for n large sum. The banks of Ttxingto" "?d Paris are said to be sufferers by his finanriertJ1*- He went to Paris and mortgaged his property to & frxnd, aud immediately absquatuuted W Y O IKING EDITION?THU The Lou of the Btrtmer* Tweed and forth on the AJacraus. Ed. New York Hxbaldi? 1 have seen, with regret, the reported Iom or the English mail (teamer Forth, on the Al&eraas, (the Spanish word tor scorpions,) which ia a Urge and very dangerous reef on the Campeachy btfnka. Having anchored at that reef, in the late war, in a United States schooner of the gulf coast souadron, I heg Icavs to communicate some remarks, suggested from the perusal of the unfortunate occurrence. It is a remarkable coincidence that two fine English steamers should have been wrecked on that reef. It is far from my intention to impute the accidents to the fault of carelessness. The Biranwr lwvcu was wicuiwcu ni uigui. un iud northern edge of the Alacrans, about the early part of the year 1847, and nearly everybody on board perished. Oa a small island, by the anchorage, the bodies of a number lie buried; a rude tomb-stone here and there bespeaks the sad event. Mr. Diamond, the American Consul at Vera Cruz, was on board, and, providentially, saved. He and an English gentleman, passengers, seeing no hope of safety by holding longer to the wreck, resolved to venture in a heavy rolling breaker to the reef. Exchanging rings as mementoes, and letting go their hold in a heavy roller, they were borne by it through a violently agitated surf, to the reef, upon which they obtained a foot-hold in water waisti deep, and quite smooth, and thus were saved. The steamer Forth was wrecked on the southern or southeastern edge of the reef, but without loss of a life. The schooner E. Simpson, of Baltimore. freighted witn stores and horses for our army, then at Vera Cruz, was wrecked at that reef about March, 1848. A large part of the stores, and all the horses, (over HO.) were lost. And since the accident to the Forth, an American vessel has been reported to have been wrecked at the same place. About the Alacrans, the northeast trade winds prevail, and blow at times very fresh; softening the severe northern to light and moderate variable breezes, and to nearly calm weather. The current is gencrslly westerly, and averages & knot, and knot and a half the hour. It Howb at times easterly, from tne effect of the northers. The reef lies, I judge with ne chart at hand, about ninety miles from the coast of Yucatan, is lormed like a halt moon, concaved to the south, and affords, in the curved and only sloped side, anchorage in good holding ground and umooth water, unless the wind uc vcjy B' uiiicny iicsci. it riiiuiaucs (tui/ui irn miles of latitude and fourteen of departure, and presents all round, save to the South, rugged breakers of linmiaent danger. There are several small ielands abont the anchorage; upon one a gang of Yucatan Indians was employed, by a Cumpeachy house, in the tortoise shell fishery and the manufacturing of barila. No drinking watsr is to be had, but green turtle and fish are abundant there. In steaming or sailing in the Gulf of Mexiao, care should be taken, as a sate rule at night, not to be to the southward of the latitude ef Havana when making departure, in any of the meridians of the separated groups of reefs which stud, with the Alec ana, a part of the northern edge of the Campeaehy bank. But if the coast side be reached, the bank may be navigated, inside all the gtoups referred to, with the lead, in from ten to twenty fathoms of water, in lrss tliau thai if ordinary care be taken, and with safety, at night. Blunt's Coast Pilot is the best work extant in truthful description of the bank, and gives the position of two shoals, on the coast side, through not dangerous if are be used, which am not laid down on tho beat charts, which, for correct soundings, are of old Spanish surveys. A Likutxnant. Board of Bdacatlon. Robert Kelly, Eeq. Prssldaat, in tbs ohatr. Much 21 ?The minutes of the praoading masting were read and approved. Twelfth Ward ?Report of Flnanoa Committee in favor ef an appropriation of $1.M0 to purchase fonr lots of land for site for s school house In the Twelfth ward. Aeeaptsd Elei enth Ward.?Report of same committee, in favor oi n?ii| to epproprieuon 01 poeo, 10 paj ior nagging the sidewalk In front of one of the schools of the word. Accepted. First Ward. ? Communication from Trustees of first ward, for an appropriation for one of the schools of the ward. Referred. Apportionment of the School Money ?Report of committee to examine the reports of the several schools entitled to apreportlon of the sohool money, and to make an apportionment thereof, by which it appeared that the whele amount to be apportioned amoog the several sehools is $20(889 37, consisting of the following items:? Amount received from State fund $40,(31 83 Raised bj tax on the city 40,021 03 Tax of one 20th of one per cent en the real and personal estate, he. of the city, less expenses of eolleotlon 124 (90 27 $205,189 27 The report was ordered to be printed for the use of members. Resolution ?The President presented a resolution, of which tho following is a copy:? Resolved. That two speoial committees of three each be appointed to visit and Inspect the different ward sehools. and report the result of their examination, together with any suggestions they may think necessary for improvement in tho government and management of Mid schools. The resolution was adopted, with a slight amendment, to wit. that three committees, of three members each instead of two. be appointed, and that they have power to examine and Inspect the sekools of the public school society, and the corporate schools, as well as the ward sehools. After some other unimportant business, the Board adjourned. Movements to California. MASSACHUSETTS. An overland company, called the Congress and California Mutual Protective Company, lumbering about fifty persons, principally from Roxbury, I started] from this city far California yesterday aftdrnonn in fh* Dlfl P.<ilfinu /?ara Thau nm oil nrmed with rifles, cutliisseb, and bowie knives, and take the route via Baltimore and Sante Fe.? J. Webber, jnn ia President of the company; Nathan Dudley, Vice President, and Robert Nichols, Secretary.?Botton Travtlltr, March. 20. LOUISIANA. The following is a list of passengers by the brig Major Eastland, Capt. Wells, which cleared at New Orleans on the 12ih inst., for Chagres:? Dr. Billings. B. F. Hearings. Dr J. D Wydown, P. W. Weeks, J M Watson. D Baldwin. H Crlteher. M. Henderson. D C Cleveland. F. Cutlet', F. Lynch. P. Ytaser. Wm Barnes, Charles Campbell, J. H White, C Wilson, P. Jarvls H. King. Benjamin Ray, J L. Chaplin. Jeehna Lipman, P H. Hooff, W H. Small, J Read. Thomas VaUr. P. CoUine, Wm W Light, Abram Moses, John Moeee. Tbomaa L. Varney. Joe. Fagan, Joseph I,. Fagan. J. B. Marten. J H Mallett. H. Seaton. N Id graham. J Donnegan, A. Baloher, J W Dougherty. Thomas L Mount. K. W Baldwin. W. RPope L. Matting!j. J. Cressler, J. W. Taggard. W MeKnlgbt. J. W. Klrkpatrlok. Wm F Oallman, P Nelly. L Kranse K Kranee, Mr Bodley, Mr Ma*en, K. F. Holt, T. F. Welby. J S Holt, W. P Keens. W. J Nelson. J. H Harbsrma. Loots Lin diver, Wm Net > son. F. tumble. D. McCarthy Benjamin F. DeTelle. J. ! R. Crown. George W. Develle. D. Campbell, John | McGookey, D. Meteslf and two sons, F. Carter. Mr. Josephs Spender C Helrd J Mitchell. O Frasee, J | F Olllet E. P. Gillet, C B Parkroon D. K Daeldeon, ! George Brinley. J. F Ceetle, C L Smith, Fttehogh. ' Mr Brown. Mr Lehman, L. Lyon. H. Sobungla. H. Sears, L. B Long. fc. < aril, S. Hlilmao, T. P Sage. Jas. MoFte, N. L. Fisher, Thomas O b'on. Henry ''rauiill, Mr. Applegata. Mr Tlbbat Volney O Str?-der. G. W Baldwin J. A Konthm?id. Michael Cars-rd-n. Michael Rtan. H. G JUoberg J Cary Parks, J Post, F. Hoe, G. Sherwood.?Total 100 Bp*rtlii| Intelligence. Momi.j; Back* - The prion rsees oyer the Mobil* Course were commenced yest. rday The track wae la y?ry good order althoagh Id th* oonteetof the main are the hfr?*e ware oce**lonally almost inreloped in dost Tfce attendance was pretty large, and graced by tb* presence and approbation ofieyerat of the Udl?* ?f the etty The flrat mo* wae for a ?weep?take* of SAO for two year old* This wae taken by Van Ceer'e oheaaat horse by Olenno* ont of Pl?kl*. withant a strangle. Mr. Long1* bay Ally baring paid forfeit and been withdrawn. The principal raee wa? for th* $200 pur**, twa mllaa The entries were the bay Ally Charmer; abayeolt three years old by John Dawson, nnd Telegraph, a ehesnnt oolt by F.olipee The Ally was the favorite although a gerd deal of oonAieno* and admiration wereespresaed for both the other horses The raee wae eaelly won by rbsrmer Her rider exhibited n great deal ot skill and managed t* pot just enough of motal Into th* heels of the other* to keep them at the t?p of their speed and produce excitement among the *paetator* In th* laat heat the three were alee* enough t* be almoet within tonrhlng distance Th* time and poeltton were aa follow*:? Charmer 1 1 Jabn Dawson oolt 1 2 Telegraph A A Time- 8.47)$- A:?4* Thl* last heat is th* best tlm* sreg and* on Ihe Mobile Course The last race was for a pore* of $100, at a single daeh ef a mil* The sntrlss wsr* brown noli, by Ambassador out of Trumpeter; and a brown solt. Jim Brown; both three year old* Th* letter wae deoldedly th* farnrtt* and took tho purse, without dlfflenlty, In on* minute end Afty three seeonda.?M?Mt Hirtld. M.rcA 14 Appointment* bp tne Oowernor and Sen at*. Tussdav, Mareh 21. New Yosa ? Richard H Ward Notary. Wmtohsst** ? Jemee K Beers, Notary R K I RSDAY, MARCH 22,

Domestic Miscellany, A nil ih recently expelled from the society of th Sons of Trmperanoe, In CiBolnnstl, for marrying hi mother- In- law. Th# moll between Newborn, N. C , end Norfolk wi robbed lest week A port of the contents wore fonn |n Noneemond river. The bridge ooroes the Illinois river, ot Peoria, 111., I neorly completed. Two sonol boots from Eoston, Pa . hove orrlved i Pbilodelphlo? the first navigation of the eonol of th seoson. Oold Is sold to be found In obnndonee near Chap< Hill. N. C. The bill te provide for o eonventlon to hone o ne constitution, hos been defeated In the Ohio Legisli tore, hoving reoelved but 07 votes in both bronohes. Rev. Isooo Von Tossel, Superintendent of the Ol town (Ohio) Mission, since 1834. wos found deed In th Mloml on the 8d Inst. He wos 00 years eld. An Intelligence office keeper, named Normon Brook hos been fined $00, la Cincinnati, for having oonduo ed to o house of 111-fame o young woman who opplle to him to procure her a situation in a respeoteb family. A small box of strawberries, raised near Brlghtoi Mass., the first of the season, was sold In Boston, a fe days sines, for $8. Michael Tenby was killed In Boston, on Saturda by being struck on the head by a billet of wood, whi assisting In loading a vessel. There were 90 deaths In Boston for the week endii awHioaj. The bill adopting the plurality rule pasted to a thli reading, In the Massachusetts House of Represent tivee, on Saturday, by a rote of 116 to 91. A man baa been arrested In Keehester, N. V., ai fined $10, for stealing a newspaper. Mrs. Ann Gerry died at New Haven. (Conn ), on tl 17th lost., aged 80. 8ha was a rellot of Rlbrldge Gerr one of the signers of the Deolaratton of Independent The Baltimore Conference of the Methodist Eplso pal Chnroh has passed a resolution, recommending th the property question In dispute between the Northei and Southern branohes of tne church, be submitted arbitration. The Senate of Ohio, on the 16th Inst., passed a b by a vote of 40 to 36, calling a convention to revise form a new constitution. The ease of the loss of the ship Franklin was sei before the Grand Jury of Boston, on Tuesday. Lieut. R. H. Long, U.S.A., died recently at Fo Gibson, Ark. A sea serpent, ninety feet long, Is said to have be* seen reeently on the Florida oeast. M. Do La Forest, late Consular Agent to thlselt from Franoe, la about to return to Paris. Hon. Sidney Breese. late U. 8. Senator from IHlno; was at Clnainnatl on the 18th Inst. * There were 66 deatha In Brooklyn for the wook en lag on Saturday le?t. The town of BellTille, Mo , now oontnlne 8,118 li hebitnnte; end there were, during the year IMS, 01 hundred and twenty-fire honeee built. Ten year* $4 It wae a foreat. Serenty reeae'.e from Oloueeater, Maaa., hare left o their flaking royagea for the aeaeon. . The Leglalature of Virginia adjourned on the 101 iuet., until the 08th day of May next. The flirt eaual boat from Philadelphia reached Pitt burgh on the 19th inat. The canal la In oomplete net gable order. The Senate of Wlaeonaln haa paaaed a reeolution li atruotlng their Senatore and Repreeentatlrea la Co: greaa to aak for an amendment of the Federal Conal tution, to the effeotthat the United Statee Senato may be eleoted by the people. The email pox preralla extenairely at Vlokabur Miae. The body of a man auppoeed to be named Geori F.rane. wae recently found murdered near Reekpoi Ohio. A bullet had paaaed through hia head. He w auppoeed te realde at Buffalo, N. York. Tbfl it*nfflera Isaac Newton, Oregon, South Amerto Noxth America, Rochester, Columbia, New-Jeree ?br**-quarters of the Hendriek Hudaon, one-half of tl Trey, Empire, and John Vaaon. will be aold at tt Merchante' Exchange In thla olty, In n few daya. The young man, Ewing, who wae IndlotedatNe Haven, Conn , for an assault upon hla tutors, haa bee dlaebarged upon a oompromlae of (3,000. The Sheriff of Rockbridge oounty, Virginia, In a tempting to quell a disturbance whioh happened i the Lexington court, received a severe, if not fate shot, from a pistol, the ball entering the jaw. Paxtoi who oommitted the crime, Is now In jail. The depot building of the Woroester and Nashu Railroad, at CUntonvllle, Mass . together with one bei I dred eerds of wood, and two freight oars, were destroy* by Are on Saturday last. We are dally Indebted to Mr. R. Moflregar, of tl Houaatonlo Railroad, for Albany papers in advance the mail. Thk Flood in the Mississippi?The Concord (La.) Intelligencer, of the 10th mat., eaya:?Tl Mississippi river be^an to fall at this point on S tuioay last, and continued to tall slowly until ye terday, when it came to a stand. The whole ft here la not more than five inches. Early this we? we had a promise of a rapid and heavy fall, tl river having fallen at Memphis about twenty tec and at Previdence nearly four leet. On Wedne day last, our hopea were dashed again by the intc ligeiice of a rise in moBt of the upper rivers, ar on Thursday that news was confirmed. The late heat down reports the Upper Mississippi,Missom Illinois, Ohio. Wabash, Cumberland, Tennesse White, and St. Francis rivers, ah rising; that tli had already swelled the Mississippi two feet I Memphis, and had even been felt down to Bachi lor's Bend, where, on Thursday last, the river wa still rising. Aain we say, guard well your l *v>e The Memphis (Tenn.) Eagle, of the 12th ins says:?The latest accounts Irom above represei ihe Ohio, the Upper Mississippi, their trihutariei and all the streams between this point and th mouth of the Ohio, to be rising rapidly. At thi i oint, we have a very full river, the waters read lug within less than four feet of the extreme mar of the lust high water, and rising rapidly. An inn ineiit-e quamity of driftwood, to the serious impoiment of boats, is floating past No reasonabl doubt remains ot the fact, that New Orleans an the coast are doomed to a terrible verflow. i which wore property will be lost an i destroyed and more distress occasioned, than by any recer casualty id this country. Nothing abort ot an at solute miracle can save them. Already the rive stands brimming up to the very summit of the Lou laiana levees; when it shall have felt the first swe of this new flood, it will rush over its banks, an spread over a vast and populated extent ot territory invading even the busiest thoroughfares of th Southern metropolis. The whole South and Wet will teel the misfortune, through generous sympa thy, and by actual losses in trade. There is gloomv future before us. The Bayou Sara (La ) lAittr, of the 19th inst. says:?That town is fully four feet under watei and the inhabitants are obliged to go from place ti place in boats. ANOTiin Amxfican Express?The St. John New Brunswick, Unvrter, of the 10th instant says.-?"The steamer Conqueror arrived in ou harbor at six o'clock on Thursday avening, fronr op,..mlu p...,, lk. k., i.'. ... steamer Amennt, which arrived at Halifax a half-past two o'clock on Thursday morning, n eleven days and a half from Liverpool. The hew wan received in this city in fifteen hours iron Halifax, whith is the quicket run on record. 1 whs conveyed bv horse express, at the rate o about seventeen miles an hour, trom Halifax t< Granville Paint, wnere the steamer Conquer** was in waiting. In her paasaae across the Bay sh encountered some floating ice, which delayed he an houioriwo: hut. on the whole, the nisisnr Irom Halifax was accomplished in an unprece rteniedly short apace of time ; and says much fo 1 he arrangements made by Mr. J. T Smith, n Boston, and Capt John Ltaviit, of thia city, wh< hMd charge of the steamer. The news w is imme riistely telegraphed to the combined preaa in thi United States, by Mr. Smith, witn whom an en gageimnthsd been made for that purpose." The Hslifax Nov a Smtian ttiua speaks of th< expreaa:?" The news from Europe by the Ame nca was expressed from hence to Dighy Gut u the extraordinary abort period of eight hours anc twenty-seven and a half minutes?three hours Icsi than it was ever done before. Mr Baroaby's ex iirras ranie in, we understand, two minutes and t naif in advance of Mr. Hyde's A serious acci dent, which severely injured one of Mr. Hvde'i carriers, occurred at Windsor Bridge, and delayer the latter half an hour. The whole distance tra versed was M6 miles. Over 16 milea an hour it not bad for horse-flesh." Intbipidity ?On Wednesday last, as a train o dirt cara ou the Attica and Buffalo Railroad wat running near Alden, a young man named liober Looney, engaged on the train, discovered a mat lying on the tisch.ashort distance ahead. Hi gave the alarm to the engineer, who reverted thi locomotive, but not toou enough to atop the train fat tn? the imminent danger < ! the man, who wg intoxicated and helpless young Looney sprani fiom the cars, at the peril of his own life, setzei the drunken msn, and dragged him from the track just as the locomotive passed by. One momen moret and the man would have been crushed This i? the second instance in which this youni man has savrd life tinder similar circuinstanoei His intrepidity is entitled to great credit.?0u//?i (A. Y ) Exprttt, Marih 17 IERA 1849. Cltjr Intelligence. Rabinaev's Bath*.?Mr Rabinean,whose nuu U fe- ?' miller to the public In this most useful department of a pnblie senltory improTement, bee fitted np ? number V d of beths In this city, on n very superior plea. We eonld hnrdly render e (Tester service to the publlo pi then to recommend these beths to general use. Mr. ? Rsblnesu hsi several very extensive establishments, M prineipelly et Cestle Oerden, the Astor House, end n the foot of Desbrosees street. These ere'of ell kinds? * 1 both selt end fresh weter, werm end oold?with every * snlteble errengement for the oomfbrteble eoeommode- n w tion of ledles es well es gentlemen. At this seeson of * ' the yeer, efter e winter ef elmeet unperelleled severity J end daretlon, the use of the beth we deem to be one of s is the best meesnres to prepere for the greet trensttlon ' from intense oold to greet heet, end to restore the equi- ( i jlbrlum of the freme efter the severe trlel of e long t ,4 end pelnfal winter. On the eoore of heelth end eoo. ' le nomy, comfort end elegenee, these beths eennot be too ^ highly spoken of, or too wermly recommended. c ^ Annual Rktobt or the New Yobk Hospital and 1 Bloominudale Aim ii.?The nsael ennael report of t the governors of the New York Hospitel end Blooming- 0 7i dele Asylum hes been published. The governors re- ' 1# port that the increasing population of our oity has ren d?rsd it necessery to efford relief to nearly as many " ig patients during the ytar 1848, es the yeer previous, P and a far larger number than during any preceding ? .4 one; bnt tbe income derived from public appropria- ? tions and private beneficence, have enabled them to ? meet all claims made upon them The extra debts *' formerly contracted for additional bnildings, and 01 new expenses ot this kind have been luourredOduring * He he year Just ended. The temporary loan of $3 833 44, 01 y, mentioned In the la*t year'* report aa having been ob- bl r lalned to meet the Increaeed expenditures ol the laet montbe of 1847 has been paid off, and there were ne ' ? outetanding debts on the first of January, 1149. r< . The whole number of patients who have reoeived the * t? benefits of this establishment In the year 1348 was 378 ? less than in 1147, but exoeedlng those of 1846, by <36, and Is abont double the average of the last 25 years. *| HI Three thousand live hundred and seventy-nine persons have reoeived the benefits of the Institution dur- p Ing the past yeav " at Of this number there have been ourcd 2507 * Relieved 144 ? t Oiseharged at tbelr own request 145 " as Improper objeots . 40 * Eloped or dlsoharged as disorderly 02 ? ?? Died 872 * y. 3,300 * Remaining in the Hospital, Dee. 81,1848. 270 1 . Total number treated as above 8,670 1 > Among the deaths are inoludsd 63 casualties, and 1 other eases of sadden deaths falling under the eharge ' d- of the Coroner, whloh terminated fatally soon after be ing brought to the Hospital. ' a. The reoeipts of money for the Hospital during the ta year 1848 amounted to 839.370 53, and the expendl- * [O tures were 845,108 03. The comparison of statements 11 with the aooounts ef 1847, shows a decrease of $454 30 In the payment for seamen; and also a deerease of <3,- * n igoi ia ik. ?>?? ... fl Concerning the Blooalngdnle Aaylum for the in- 10 h ran* It is elated that 283 persons hare been under 41 the charge of the establishment during iome portion P1 a. of the year 1849. The number of patient* ha* regu- ' i. larly lnere***d for the laat hve jean, having been 196 m In 1843. 804 In 1844 242 In 1846, 260 In 1846. and 2T4 . in 1847. The daily average number during the laat ''' rear i*. ptohahly, nearly aa many a* the preaent eitab5" llabment can aocommodate with advantage to the pa- P' tieuta J n Of thl* number there have been oured......... 68 ?* Much improved 18 01 g, Improved 87 ?: Unimproved 31 je Died 26 ? t, Remaining 81at Deoember, 1848 110 *M P Total 288 " a The Inmatea of the Inatltutlen have generally en- n joyed good bodily health; they have been free from all P 10 epidemic*, there haa bean very little aoute dieeaae, n te and there baa been no caee of auieide or other of the P accident* ao often oeeuring among the diaeaaed la ? mind. 8 w The receipt* of money for the Bloomlngdale Aaylom n dmlng the yerr 1848, have been $46,378 08, and the * expense* $83 646 26. ' The WriTHEi.-Veaterday waa a day worthy oftha I time* and the season; a regular line atorm, and all In > g? od lime commenced on Monday night andcontinued, oi '> with brief intermissions, all night and the succeeding ? day and night. The wind blew a perfeot gala on the v! i* ?"t? rcood 01 me ?uin. preventing vessels rrom going te #1 I- Ma, and thereby dieappelnting a lerpn number of dm- C d uiigtti wbo were a boat to depart for <;allforala. Toe n< rain came down In torrente in the afternoon of yeeter- Bi ie day. One good effect will result from this. The Ice *t of in the etreet will, probably, prove to have been effect- m ually dissolved, and the ambitious corporation offiiars ig will, no donb*. be tbaa enabled to ply (by proxy, of to ia eonree,) ehovela and broom* to the greatest advantage. c( ie When tble atorm clear* up, we may reasonably expect bi a. pleasant weather, aeeempanled by the swelling of bud* q p. and the springing np of grass in the parks and other a LH public grounds. Hall, gentle spring ! when It comes, ti ,|i The Hnnson Rive a.?Navigation is now fairly open '' en the Hudson River, and the tall smoke pipes of the r' ' various steamboats are again apparent at the foot of *1 ' the streets leading to the North River, quite a nam- b ?" ber of boata have arrived at Albany, and the sail oraft 0 !'~ are already off and at their work. It baa bean a long in winter, and many a hardy beatmam will be rendered {l st llghtbearted in view of his wages having onoa more * i, commenced At last full aeoounts, there waaa great 0 e deal of loe in the narthern Motions of the river, al- 0 though business is quite brisk between this olty nnd r . the ports this side of Hudson. Only let as have a few f aayi like the last two nnd wo may ba assured of tho 0 e~ < ale and for the season, final opening of the trade on b the North River. 8 ' .nsaule roa Mowet.?By reference to oar edver- f, * Using co nmns it will appear that the vary valuable it wui.e c -lHe quarry at Tuekaboe, Westobester ooun- . 9. ^ n I f lirm of tho Hirlitm Roil rood li tn hm noM to . e lie airrneet bidder, en the 23d Inst, by order of the (1 ih >'.'10.0 Mrmtrix of the original discoverer, Franois '. Fain, deceased. It ia seldom that aaeta an advan- , ' u tageco* opportunity for Investment oeoars aa the sale ef tbla quarry offers It ia a mine of annual produo- ' , tire wealth, aa oar publie edifices teaMTy. That classic 7 Parthenon, the Custom House; the City Hall, of !y f Brooklyn ; the Post Offloa at Washington ; and name- L d roas other adornments of the nation folly develops J D tbe advantage of tbl* central located quarry; and It* *f |, resourcea being Inexhaustible, an the invaluable qua- ?* ,( litles of ite beautlfnl and snowy bosom Ita lata pro- * printer offered to fnrniah from it to tha < iommoD|< ;oun- " oil of thla city a single ahaft. one handrad fart long, ? ' far a monument to Washington Whlla tha El Dorado * |* of (aliforela tempts by ita alluring tbe uncertain ? II wealth investment* for tbe advaatnroua. the bualnaas y d man and mechanic ar capitalist will And in this j!' quarry a aura and never-falling aonrca of mora than " a profitable investment. it Fise ?Tha fire which broke out about two o'oloak l- yesterday morning. In the carpenter shop of John a Locke, rear of No. 47 Ann street, destroyed tba front room. Damage about $400, whieh is covered by inaaranee aw ? Asothis.-A Are broke out on Tuesday night in ? tbe feed store of E Hoyt. in 3d ATsnue. near 26th D< 0 ?treet.whleh was put out with trIAIng damage At Ave W 0 dock yestertay morning the stable in the rear of the Pe above store was entirely destroyed by Are, together de with a horse belonging to ThomasCarr. H; > Biscvis err Oi*rtTs.-Mr. Bar sum has seat us the i}' ' following correction Tl ' Amiiicis Museum. Monday evening. March 9. 1 Dt*s 8i?:- The giant who was recently "married by t tbw Police Justice" enjoying hie honeymoon In 1 rblladelpbia. He is a respectable man, and a man of 'I* g Ane feelings. He baa a sister residing la Philadelphia, U and be bae also many respectable friends in If?W Verk lc I and Philadelphia. Your police report this morning Is da r ea rotated to Injure his character and I b?g you will P* correct It No giant fYom this museum ha* been ar* 0 ralgned at the p >Jtce offlce Vonr obedient servant, 'ol r P. T BARNUM. ? ? AccicrsTtt Dssth.?The Coroner held an inquest J" f yesterday at the i'lty Hospital, on the body of John M, ? Mc(Je?h?n, a native of Ireland, aged 24 pears, who _t !- cane to his death by accidentally falling through the ,, r senttle to the Aoor below, while at work hoisting np t0 ,f sugar, In the factory of Mr Harris, in Duana street _r 1 he deeeast d died almost instantly. Verdict noeord- P. mg to the above facte. n?.eu AM s* 1 Tsr m wAwn Vf . TVim pAw^ma. k.iJ m_s ur.mi r> v.' -r ^ v- ?un ' 'UlUBwr uni<| Dl ?o loqusei jeeterday, at the 17th ward station hones, kl on the b?djr of an unknown man sged about 40 years. ai Ho <u takon by a Or. of epilepsy In tho grocery #r Mere onroer of lot avenue ana 8d street Tho po too ct conveyed blm to the station house where. after a short tb time bs partly recovered. andiald ho bad been In tho tb Meziean war Tho deeeaced wao dressed In blno panto, th dark Marseilles vest, and atond about ft fo?t7lnohoa, with dark btown hair. Verdlot death by a At or opllopoy. Accident in a Shit ?A serious aeoidont hap- ?< pontd yesterday morning. at tho ablp-yard of Bishop a Slmonaon, n*ar tho Uiy Dock. Cast Hirer A man. nomad Peter Vaniiro, waa at work about tho yard. fe wbon a plank foil ftom an elevated position, and In IU fcl dosoont strnek tho man npon tho bead etutlnt tho *' Inlietlon of a anions wound, whloh It waa thought at P* 'he time would provo fatal Ho was takon up. and tho ?l I boat of oaro boatowed upon him. nntll ho woo able to ?* I bo removed to bla restdeone at No. lt>3 Cannon atraot. at t Tho unfortnnato man'a head was severely ont, or, In Tl I tho words of hts follow workmen, ' had a hole knocked Ci , Into It." At loot aceonuts there wore strong hopes of (' ? his r< ooyory, though bis ease must as yot bo oonaidorod eztremely doubtfnl, d< a _ II lopnm Court, f Present, Jastioso Jonas, Kdmoadi and Hnrlbnt. * V. si n 11 ? f.anao No #0 Is argued, whloh Is tho hlgho.t yot rognlorly reached on the oalondar. No. JT t was then taksn np, and la now nnder argument. No doolstona will bo annonaood until tho eloeo of tho lorm. . < (| i. M Cabot, tho Frenoh socialist, arrirod at 8k. Lomte, o Mo .on the loth Inst., with 300 followers, an route for 1 Kort Madison, Iowa, j LD. r TWO CENTS. General ImiUm. afore the Recorder, end Aldermen Ada? aid Downing. Much 21.- Highway Kobhtry.-Samuel Cornell, n >ang man of n rather genteel appearanoe, waa iodlotI for baring, on the night or the 6th of September at, robbed George Soheafer of hla gold wateh. The oeecuting witness is a German, a boot-maker by ade, and resides at No li John street It appeared lat he was passing through Pearl street when the enured csme up to nim. and asked him what the time as. The witness U ok ont bis watoh, and told him it as half past nine The accused then walked along ith him. got into conversation, and asked him bow >ng he hsd been in the country; and while the witisss was engaged, he made an attempt to seise the wuivn toe wiiniH reaiflieu; dul ioa ioobnu '"l"! threats ned to itab or to kill him with a dirk rhioh ho hod in hi* hood, If ho did not lot him go, ho uceeeded In getting off with It. Tbo next tlmo the ritnoia *ow him wo* ot tho Fourth word atotion house, rho oeouiod hod boon in tho company of tho prooo tutor obout ten minntoo before the robbery. Seme line ofter, the ooouied woo orroited in Boston, bo Governor of > thii Stoto having forwarded hie reulaitton to tho Governor of Massachusetts for hie opirebonaion. Ho was accordingly conveyed to this lity in the enatody of a lioaton ofleer. A person tamed McCabe, who realdea at 377 Water atreot, and be oaaiatant captain of the 4th dtatrtot of police, worn ailed to prove the Identity of the prisoner, and to peak to the description of the drees worn by hint bout the time of the alleged robbery, in order to comrm the evidence of the proseoating witness la these arttoulars. Their testimony however, was not unexeptlonably distinct npon these points. The latter id state that he raw the acouaed the evening before is arrest in this change; that he wore a linen aaok nd a straw hat; and that he bad hair under his obi i sllfda "goatee;" bnt when he saw him the next me, he wore a blaok frock ooat and a oap. The procuting witness swore that the acoused had a llgh: at and a straw hat on when he committed the rob pry. Charles B. Starkweather, police oflloer from th) ity Marshal's office, Boston, stated that he had aruted the aooused on the 11th of Deoember last, a aother ebarge, and as they were going to the polle > Bee, the accused said be did not care ad?a a boa. net scrape if he did not have to go baok to New Fork, le repeated that he did net oare if he oonld only get trough before they csuld send a requisition from lew York for him Witness asked him what they 'anted him for In New York. The aoomed replied by king witness If he did not know all about it. Witless told him that he bad heard something, bnt ho new nothing particular in referenoe to it. Tho loomed then said that be had knooked down that I d old Jew, and that he did not want to go back to 4ew York, as tbey would make a sure thing of him. Vltness asked him how he had got away ? He replied hat he had given a man $150 to ball htm; that he had ;lven the watch and the moDey to somebody, and that le never had a oent of it He further said that tho nan who had gone bail for him had left the city the text day, and that be (the aoouied) would rather do invthinw than wo back to New York, as thev would h; ve him op sure for seven year < This witness underwent a long an 1 searching cross nomination, but hi* testimony was not shaken in any isteriaJ degree. The accused's counsel having addressed the jury In very forcible speech, Austin Gibbon, who wee found iiilty on Tuesday of an assault with an Intent to dossil murder, waa called up for judgment, and when iked what he had to say why sentence should not be 'onouneed upon him aocording to law, he made some coherent remarks to the effect that he had not oomitted the affair at all. The Rccordkr then addreaied him, and said that ha td bean convicted of a most heinous offence, upon le svldenee of moet respectable person*. He (the risoner. and those ef his olaas.j must know that there as lew in thla oonntry, and that its violation wonld t pnnlebed, and that severely. In every civilised cuntry, the law regarded the offenee In question as neof the highest known to it, and in thnoountry on whioh the prisoner had oome, the law subjected be offender to execution, and in some States of th'e inlon, the punishment was equally exemplary. Tba arson upon whom tha outrage had been committed, 'as an ignorant, poor little German girl, who oould ,ot speak ihelr language, and who had oomo hero for roteotlon and he (the prisoner,) waa a strong hearty ran. It was fortunate for him that ho had not aocoarlished hie diabolical purpose The sentence of tha ourtwas, that be be imprisoned for two year* in tha tato prison. It being now three o'olook. the eonrt adjourned nntil leven o'clock to-morrow (this) morning. Supreme Court. March 21.?Important Litigation?Yesterday an rder waa obtained on behalf of the inhabitants of taten Island, Richmond county, residing In the olnlty of the (Quarantine Hospital and grounds, from as of tha justices of the Supreme Court, requiring tha omuiissincers of Emigration to ehow cause at tha xt special term, to be held at the oourt house m rookiyu, why an injnnotlon should not lasoa, reraising tha commissioners from burying, or parItting lbs dead to be bnrled, within the (Quarantine closure, or In any manner permitting said premises i ha iiiaf) fnr tha nnrnflaaa nf m. hnrial tmiail Tha imp'.alnants set forth that, for a long period of yeara ack, thousands of bodies have been buriad within tha .uatantlne enclosure; that tha oeaaetery la now fall, nd they ara compelled at present to bury tha daad in renohea, or grara pita, into whlah tha oofflna ara pnt a tiara tbrea or four daap. laaviag from thraa to font -at from tha anrfaca of the ground; that tba whole of ha ground within tba encioaure la 111 adaptad for urial purpoaaa, tha aoll being eery pjroua, on which ecouat a pealllentlal eflluvia or atanoh continually acapaa. whlah mixaa with and infaota tha atmosphere or a considerable distance beyond tha Quarantine neloanre The oon>p>alnenta show by the opiuiona if Dr Alexander B. Whiting, the Health Offloer and f Dr. Kraneit S. Harris. Deputy Health Offloer,at Qonantlna. that ' the c-.<m plaints ooaoarnlug the burial round bare been well founded, owing to tha nature f the ground, and that tha only remedy la to stop urying the dead within the Quarantine euulosure " nob it the language of these physicians,qnoted by thn omplaioanta. Tha complainants aet forth further, hat the neighborhood of the Quarantine It tbiekly rttlsd by a large population, and that there are maor welling houses and residences la tba immediate neigh* nrbood. The allegations contained in tha 'f ebich is subscribed by a number of respectable icIridnala.) are support# 1 be numerous aflldarita. sh'??r. ig tLat tbe pestilential effluvia or atanoh oomplaiaad ari se from the deoomposiug aatmai matter buriad Itbln tba aacloenre, and ie quite injurious to the raltb of tba inhabitant# in the vicinity of Qaarnnoa. many of wham they allege, have baen made *iok r tba stanch, which prodne-s nausea and aiskaaaa . tba stoiraoh In abort, it Is alleged that tha burytof lbs daad within tb? Quarantine eceloaura la aa Inferable auieance. which ought to ba abated for the he of tha living. It teeme tnat about one th anient irpses were buried last year withiu the Quarantine iciosure. The matter, at far a? the IdjudoMoq ia mesrned, will soma up for adjudication at Use n-it iscial term of tha Supreme Court to he held in rooklvn. on tbe first Tuesdav of tori' nest kraacla . t utting and J?nn B Purroy ?r? ic; ployed a* >un(?l for the oomplainanta United Stntee O etrlct Co art. [Before )u-'g? Bret*.) March 20.?The following named g?ntl*ra*n wer# orn of tb* Grand Jury in thin Court, tht* nuraing: Jemee B Murrey, foremen; Robert B Boyd. Lnwl* ity. (.herIn O. Dean David Kleld, rhoma* VV Galw, m B Ireleod Roe Lockwoed. Joan O. Neleoa, John ttigrew, John Reynold*. Thome* Suiull, B. C. Wan11. Garret Korhe*. William K. McDenough, John L )?r, John (J. Oot'.ebe.rger. Joeeph Keeler, J S. Hyatt, ?oige Horn Wm I.nobugb aod Bruae C. Smith lie Judge delivered a brief oberge; after whloh. the iry retired There ere only Are ortmtnal oa*e* on e calender- one for peering bad money, three for a<ulte with a dengeroee weapon, and on# for mania ghter. I* Chambrii i?Charge of Forgtry? Frederick Blllgi. a young man from Baltimore, wa* brought up toy ftom the elty prieon. before Judge Bett* It epere that there are three indictment* agalaet him la * District Court of the DWtrlet of Columbia -one for rglng a draft for $80, end obtaining money on It; other for attempting to pass a forged draft for $L00, d tha third for obtaining money under faiee prance# He made hi* anoepe to thl* eity and we* her* reeled on an affidavit of on* of the pertlee, an J cootfed to the Tomb* He wa* brought before Julge itt* tbi* morning, for thw purpose of being eent beak Waehlngton Tha order for hi* adminrion waa opted : Bret, that be wa* *ul>j?*t to the law* of Maryad, and that he could only b? rent on a rmjoirition am the Governor of that Ste'e; and *eoo*dly, that * Honor Bitting es a United S'ate* judge had no ithortty to interfere On the flrtt point, it wa* d? did that 'he law* of Maryland were in roroe la tne unty of Warhinrfton, D C and ?re fart of lb* law* tfce United stare* and to l>? enfnrnai a* "aoh On ie neeoad point, hi* Honor raid that section 3d of ia Judtcery act of 1789 confer* authority to deliver la prtooarr. Order to deliver blm up accordingly. Court of Oyer aid Terminer, iforo Judge Edwards, and Alderman Hatdald an# Dodge Mite* 11- T?( Cere ?f iTori.-Th* Dlatrlat Atraay annouaeed thi* morning, that Wood, ladle * 1 r the murder of hi* wife, wan siok with typhna fa* r, id that, ander the eertifinate of the phyelslan of the iaon where be had been oonfided. he wan removed to ackweUs Inland. Under theee oirnnmatanoee he old not be tried: and he prayed the Court to enter i order sanctioning hie removal to Blaokwell'e 1*1* n*. he otder waa entered accordingly. The Ctroait jurt jury were then dineharged nntll to morrow bin) morning, at 10 o'clock, when the trial oaleatiar 111 be taken np. William Donaldson waa then arraigned for thesaurir of Andrew Metghan, on the lit of November, 147, In Leonard street, by (tabbing bim lathe neek Ith a knife. The trial goes ov*r to April termCourt Calendar?This Dey. CiseniT Ceuar.?4. 8, 88 30 38, 83, 40. 41, 48, 48, 44, I, 688 08, 88, 78, 88, 88, ?4 to 101, Inclusive, 104 W 118, 'coauoit IWs. Pari: 1.-101 U3 186, MM77. IT?, 81,183, ISA. 187. 188, 188,106, 1?T, J198. Part 8-104 48.188-158.100 108.104.100,108,1T0. ,

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