Newspaper of The New York Herald, May 24, 1849, Page 1

Newspaper of The New York Herald dated May 24, 1849 Page 1
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TH NO. 5466. The Empire Catastrophe. CORONKR's INl|fKST, fKNTINl KO FKOM YESTERDAY. Hon Ladu wok tfaoa examined lie tiepi?e<l that he *M on board the H mpire ow the night in question Win going from Shnningtoti. Coon to Springfield. 1111noi*. Had a rgtr.pimy of 1* -with hiui bring hi* wife and three rliVMrrn. and mother, and wife'* Mister. Mi-s Klixubeth Wfiliam*. hie gw brothers, Mian Delia 4very, and Mas* O-rilia Galop, .if Lcdjard. Of them live were lost: hi*four brother*, and Mies Avery. The three alder itrelhers have bvn found The youngest not yet. The fcWir ladies were in the ladies' cabin on the main deck Himself and three brother* were in the f irward gentlemen's cabin. 'I he incut forward deck in that cabin is the larboard side Three of hi* brothers were fatigue i and went, to bed ah mt J o'cV rk. IDs wife being *ea sick, h i did not g i *? bed. He lay on the lloor in the nam- room with her; Was usleep when his wife's sister awakened him. an I ra il lOiuetmTig bad happened, tor there was a sail vessel alongside; he went to the d air and saw ladies coming ont of their berths; he then heard a person he Supposed to be an oflicer, telling them ail to go baek to tlirir berths, as there was no dang r; hi s. iu b to It and got again into a "drowse ' and the tirsi tbiug h i hi ard was a knock ut his door: In- jumped up and found file floor wet; the passenger who awoke h. in said the Iwat i* finking? we shall all be lost in a few mi nutes:' ' then heard the big b 11 ring; his wife's sister said w>.e had been awake all tile time, ami it hud never rung till tiien; be took in* wife and children 1* the forward part of the boat; passed them up to the hurricane deck; there wrie some twenty ?women, chilureu and uieu?standing on the promenade or saloon deck screaming that they were going to lie all lost; lie pt-s?d tliein all to the liiitrieane deck; went back again to the saloon, and found the water knee-deep in the rooms he heard a ery. and going into a I'o mi found a hoy. seven years of age; he had on a shirt and lightcoloiro pants; dressed ihelioy and climbed up to tile huriieaue deck he was the last p r-ou up. his young eel little boy was missing, bat afterwards f iun i Inui on bourd the liip Van Winkle; all the time alter be was missed, the steamer headed directly down the river for New York: heard nu orders froui < aplaiu i'upper; ail was confusion; saw no oilleer except the mail he supposed to be mi officer, to whom he referred boloro; mwr nothing of thu quarter bout i<p ikon ot; tile schooner wus bow into the steamer; eoul t have saved bis family ltlhe necessary nltrillbill been glvuu. ami could h?v# roUKrd all thu puseugurs; t hiuka u period of 20 minutes uiuHt have elapsed from thu colli ion I ill thu t>< at bad sunk so low us -he did, his wife mid sister greed with him a- to the time. [At this stage of the proceedings, Mr Smith. Deputy Murslrut of the L'niti d Siut.es npp urud before thejury. nd sorvud subpu'lias on the tjoroiier. jury, uud some of the wrtuos.-es to appear in New \ ork boforo thu (fraud Jury on the 21th instant, iu the ease ot the United Slalcs-ugaiisst Levi Smith. The fcoHKMAN, atter giving every Information to the Deputy Marshall, and every laeility for nerving the summonses, stated that th y were bound, under oath Slid by the State laws, to leinaiu together till they found a verdict. He thought it was Injudicious to inteifere with them, as they were here on the spot siltiug the evidence to the bottom They certainly could not undertake to attend this week J Pr.ri.it I) Dnis was next exuiiiineU.?lie has been for many years a hand on a sit inner; was a baud on b turd the steamer Umpire that night; was Kitting between the kitchen dour and the captain s otlloe. at the larboard side, when he heard the goog strike first to " Klow." next to atop." and the third time to '-buck;" the larboard bulk heud door viae closed; the stHrboird door was open when he went in front of tlirlion-r: lie taw the schoouer heading ti waids their how at ubout an angle ut'4.'> degrees; he did not perceive any sensible diminution of the .speed t the steamer; thinks her speed was cheeked a tittle alter; the schooner was tin u about thu leugth of herself from the steamer; could then see the west shore very plain; the wind was blowing tro'b; saw the schooner siriku; witness was then ubout midships of the forward deck, and aft of where the schooner struck; she struck them bard near the pantry uud he thinks under the guard; Uc rau to the forecastle to alarm the w it h; in coming to the hulk head ut tile starboard side, lie .-aw thu passengers couiiug out; she was heeled on that aide, and the icbooner had swung along side: heard no orders from captain or any person, heard nobody desire thu pas. engers to get ou board the schooner; lakes wheel occasionally; can see the bull of an ordinary sloop a mile off on a clear night; that night was not ch ar; it was hazy overhead; it was darker towards the northward; was principally engaged with Mr. Smith, the pilot at the wheel deck, putting up the passenger* to the hurricane deck C hauls# Plash. Assistant Engineer of the Kmpirs, when asleep, heard the hell to go ahead; heard the engineer say. "work her ahead;" when he got to the after gaugway rail the water was knee deep; the quarter bout was tilled with passengers, and was in the water; thinks she was not east from the davits; thought he saw one of the hands in the boat; got ou the ruii; thought shu was then going to sink; ou looking to the laud saw deep; he resolved to keep awuy from the steamer an his only chance, for he wait u good swimmer, and knew he could keep floating for two hours, and talcing a piece f a bedstead he leaped oil; another gentleman followed him, who was also a good swimmer; he hallooed for help teiribly at one tluie; they were picked up by a flailing boat,upon witness calling to it; they then went to pick up passengers, the tirst they met wan a man wuli a boa clasped in his arms; afterwards learned it was Mr. burden; be was about teu ieet from the teenier; he screamed out terribly for help, (laughter); asked him to come into the boat; he said, "No, uo. no, he would not," (renewed laughter); they dragged him lu; wlien they got close to the steamer they began to blessund thauk them; witness gave him a pu.-h audsaid, ''neighbor, we have no time for this;" he saw a lady holding by the flagstaff; they took herin; she appeared to be an emigrant; and then another lady and gentleinau were picked up; witness then got into lliu saloon; the Empire was tilling last; tried to make a hole through the deck ; sent for an axe to the engineer; the "Hip" was then coming up. and witness saw she would strike the hurricane duck, aud as he bad taken two stan'.heons already out. he tuared it would fall, and that he would be betweeu decks; he leaped overboard, aud heard a cry underneath the after hurricane deek, enure again mi board, and getting a hatchet, he and others cut a hole iu the deck, aud pulled out old Mrs. Ladd; she told theur there were more under the duck, further towards the bow of tile vessel; they heard oue halloo and cut a number of holes bill, got nob <dy; saw a man then coming with au adrc from the " Hip." when witness ran to the saloon hall; the stuteurent that was made in some of the papers, that a lady was struck with an adze, he caunot say is true; lnard the stntemeut mane uy 6?>uii uouy iu?i uigui.. who m?iu mat alter luu blow w1,1 Ftruck. the cry ol the lady ceased; there were (?w passengers there then; thinks cuptalu l'upper wan among them but in nut ?ure; witness went to look for ?( nicthiug henry to break open the deck uud when he returned, he hcaid no more suuuds; had no uotiou. In the b> ginning. that the r. in pi re ?a< in danger, for he did not think sucli a schooner could make a hole in her; the bowsprit of a schooner could not go through such a steamer as the Ktupire if there was any way on her; if the steamer bad been going fa-t. she would hare snapped it right across. and if she had come against the idde of the schooner. she would have cut her in two; was in the Kmpire when she sunk a sloop at Barnegat; could stop her and bring her dead iu the water in one Biiuute. it they were prepared for It; hare otten landed n a minute aud a kail. klr. Glover here produced a translation of papers found on the person of the body No H. Aug us to Springer. among which were a poem on " the llolh birtuday of Augusle Springer,' two letters to Ferdinand Kern, at kl. Briuuer's. Syracuse, and an envclopu addressed to ( art Kckcsbirgu, at Christian Klefer's. 120 Ureeuwich street. New 1 oi k. On ODe of the loose papers is No. "tHil bauri," mi lining, witness supposes. Bowery. Abraham Davids was the next witness.?Has been long a pilot aud captain on the river llis opinion is, that il the steamer had seen the schooner iu time, she ought to have goue under her stern. His opiuiou also is. thai if the steamer had kept her steady course for the schooner, there w>uld have been no collision, for wtib any kind of a good wind the sohoouer would hare crossed her bows If he were iu a schooner he would niaku a short streteh to avoid the risk of a collision wuli a steamer, and if iu a steamer he would rnak Tight lor a sail ahead till lie found which way she wa going, and tin n he would drop asteru '1 his ought to be done whenever tne sail is seeu; if hn were lu a I sloop ill tiiu middle ot a rlvor. uu.i miw a sieaiubiMtt the one-eighth i.l a utile distant making at him. would Consider it imprudent to ait* r hid course because. by alleuipllug to change at nucha mom, nt. there woul l be every piubabiiily ot bid getting loul; tor. it the win i van good be would get el. ar of li r by I taudlug on; if fight. the dteauier could easily puss at either Hide; supposing the dleauiboat wax sb ering to the larboard, he would put about if be thought he hud time to clear her; it be wan two schooner's lengths I mm a steamer, in ucb a position bo would uot attempt to go about, tor the Hteauier would be right iuto lilui; If he were two lengths if the Knipirn distant, (which are just oneeighth of a wile ) he would not go about, if there was any a ay upon the steamer; a pilot of a steamer can see a sail half a mile ot a clear night, if her sails were set, at au angle of lorly-flve degrees; ho would not run the risk su a dark night; if he saw there was immediate danger of a collision, and the steamer was not altering her course, he would put nbout. if there was any chance of escaping,|pf the steamer Imd sheered ca.-t, instead of West, she would lutvc avoided the collision. l.apiain Kohissow (of the schooner) ri called?The lights ot the steamer were never in range; when he raw that the steamer was sheering west, he ordered to put down the helm hard, as that was the only way to avoid the collision, for this movement would bring tbo schooner to the eastwatd; when he came too close, and did not yet see any change in the steamer, it would have been dangerous to go about, for if the steamer rbei ri d suddenly to the east, when he was just putting about, the steamer would have run iuto him. ( aptain 'i'l rrea. if the K.niplre, recalled?Is not aeaie of any orders giveu by tin- owners ot the Umpire with regard to meeting vessels; but his commi-siou implied Ibal it was his duty to avoid collisions; a pilot on a starlight night, ought to see twice the length of the Empire, that l.oat could have her w.,y stopped and steraway ou her in the time she would ho sailing '* of a mile; thinks both sides ought to have kept clear, gave dir.cUih* to the pass. ngers to get out, and went down h maelt b. the lower cabin; In reference to a letter of liin d?0, of 1'roy. t he witness w nt onto say lie was on Us. main deck, and went o the promenade saloon, nod there, ton, gave tuo pa sengers dir. litmus to gat Into the sloop; lie was on board the Kip Van Winkle, dud so many of tlia pass ngsrs got about hint Um< she cast oil before be could g t out. and bu was brought against bis will, to Ncwburg: a. soon an lit could be f.'Ut back to the s.iaplre, thinks the pilot E NE1 % rv. W% * ft* on board all tbu time; tf the pilot and captain were ou uot on board the command would full on second pilot; tai and If any thin# happened him the first dock hand th would take charge; the etrond pilot was ou board; the th Hip \ an \\ inkle did not go till all the paaMiigers were pll put on hoard; hit never left the Knipire or gave up her ae ot nmiiitid till he ?|uit sinking and all the puitseugera he were drowned that were drowned th Joii.n Wii.T??;v examined? Reside* at Fiehkill: in a pi I farmer; hnwwn 20 and iri years coalmanded vessels da on the river; If :i steamboat were sailing on her course we due north, and a schooner sailing towards her at an 'h allele of S W.. with the wind S. K . supposes the two he vessels would strike if they continued their course, ho co would <5etui it prudent to avoid tho collision if in a pil tailing Vessel; hut it Is a general rule that the steam- lh boat pa-ses under her stern: the rule is. that tho vex- *d sel that has the fair wind changes her course, for slio r* ran most easily do it; a steamboat is always considered set rs a vessel having a fair wind, uo matter what her set course is; thinks it wee the steamer's duty that night 1*' to give way; this rule is founded on the fact thattho ve-sel beating ngHinst the witol is sailing at a dlsad- lb' vantuge. and ought to he favored hy tho othwr. which can i huuge a little without an y loss of tiuie or grouud; P? thinks it is the wish of pilots of steamboats that sailing ?ti Vessels should liol'l on their course. and nit baulk tie them by putting about, perhaps just at the moment (l' tho steamer might be sheering to avoid itpr; yot he be would go about though not his duty, to avoid tho col- ful lis ion. if ho saw tt likely to happen; if he wero so col close to a steamer that they must strike, he would ruu i? into the steamboat lather than allow the steamboat to <>ti run iuto him ; w-uld Hither run his bowsprit luto the "ir bow of the steamer, t han by lu(hug and routing perhaps lis in contact with Iter wheel, have his vessel destroyed. Just f t Bins t s s.t.i examined liis occupation in life II Is a Is-hi man; was clerk of freight on b >*rd tho Km- *"i pire on that evening; was in his room when the aeel- r? 1 dent liuppent d; it was ubout past 10 o'clock the ac- "it cidcnt liuppeiied; his room was lu the talooii abreusl fi' of the sky-light: heard the bells and then the era h; t"1 jumped up and put on pantaloons and hoots; went to liv nuir iuuui > !. ouire uirrit vi're iwi< iiaii'K inner nis m charge; told tile people there to keep quiet. us there ho ?a? to iltuifrr; then tent forward uii<1 heard < apiain tie I upper desire the gentlemen to step up oil' tho guards; <d aw a vesst I foul, mid thought the Captain wunti'd tho 11 people to goto the other ride lofright the steamer; went to huek to his r Mini aud finished dressing; told tile ladies be aguin their was no danger: a lady and geiitleiuan uu asked hint if there was any cause for apprehension; he ?h replied not. und went forward u;ain. when hu beard sh< the Captain desire the passengers to get into tho P'i choomr as the steamer was sinking, then ran to tho ' room adjoining tho wheel and lel'l there his waistcoat. i? anil went to the ladies' cabin on tho main deck, and pr< told tin ui the brut was sinking and to come up stairs; then went up among others, went back to 115 to his I friends and look theui aft to the prooieuade deck; told tlii others to come; from that, they ascended to tho hurri- nu rune deck; a gn at uiany others came up thereafter- str wards and he took his friends tow aids the tchoouer, ?n< when he law Levi Smith taking tip passengers; witness trr tailed for a lino from tho schoonor; tiio Hip Van are u inklu came nieantlmc between tho vessels; shu hai ufti rwaids bucked out. nud then a lino was thrown hir and he made it fait ; thou lie weut oil abreast tai of the wheel, and Mr Blechford asked hiui to lake op] his wife olT into the sloop ; ho passed her tlrat, cal and then all the ladies lie iuw; told them they nu were safe in the schooner, as she could not siuk; tiio pil Hip \ an Winkle had then come rotiud to the larb iard ev side and made fast; witness went to the wheel house he and told all the passeugers to come aft; heard Captain it 1 upper request tho Hip Van Wiukio uieu to make a ah gang way to run through their flreroom. from the Km- th pire't hurricane deck; there was a little dusceut, but lb not a great deal; Capt. 'i'upper desired to have the lu- P<> dies pasted first. so Captain Torre*.?I mentioned at that time, that the uii danger was over, as the empire had ceased sinking. sh Jackson Unions was tho next witness.?lie deposed to *wt having taken bodies out of tho water on the night in wri question; he also stated that lie saw the steamer sheer- ap ing to the west before the collision; It is the custom du of stiuuurs to drop usleru when sailing vessels uro coming; the huipire veered about '25 yards to the west; id' liud Mru veered so much to the east, she would havu he parseduuder the stern of the schooner. no I'niKH 11. ScMEMca, Matteawan. being asked what he of is. said lie was manager ot manulael ones slaughter); was sc purt owner of the Osceola. of which Levi Smith was th pilot; he always obeyed whatever orders he got ; his th reputation asa pilot was. then, that he was ouu of the ha At the conclusion ol this witness's testimony, another body arrived from the wreck, of which 1 gave you ch intimation by,teiegrupb. It was a very hideous spec- a^ tucle. and equally offensive to the nostrils. Decomposition had bo tar set in that shu was completely ta swollen by the gas generated, and would probably float. She was got out from the main deck at low tide, ni; by cutting through the saloon deck overhead. She la *1' between 40 and AO years ot nge. and is believed to be tb tlie wife of t arson, a Seoteli emigrant, very poor, who ya also lost tome children. The dccea*< d woman carried aii the purse, and yet she hurl only 11 cents in her pocket ! hn C arson, It is expected, will be over to-morrow frain he N ewburg to identify her She so thoroughly answers no the description he gave, that I think it useless to des- wi eribe her dress or person. She is Irorn 46 to 50 years hii of age. } a Alter viewing this body, the inquest was adjourned sti till next day. . at, iwcinrwTAL sr.MARKs. tb: A great quantity of the luggage has been got on board t* the John Vusuu. and identitied. In reference to a box tb: that a poor passenger conipluined was robbed of its con- mi tents, the truth is that it was forced open iu the water tin kv ??i.,.->.lli><I>n r,r ..thur <.,,,1 f< 1 t<<> tar from the people about bare dealing anything, on agi tbe very contrary they have taken care of everything lig din en on (here; and even washed dried uad ironed things. and ported up advertisements about them. 1 he preparations lor raining the ettainer are progressing. 01 V ou a ill pec the importance of this day's testimony, oft The Htvald is the only paper which had a professional g' r< p? rter present, and only one other paper bad aoy in kind of a one at all. 1 was much amused to-day in at nading one of my telegruphic despatches to you in tbe Br Lxfirtn. under the head of No 4. It was a little at- soi lend, but its identity was evident, eveu to the mis- St< spelling of tbe nauie " Duinond," which was made rei In omuiond. by mistake, and so copied by your con tern- f* c porary. an 1 never saw a more intelligent, shrewd, or pains- bu taking jury: and i think a greater error could uot bo hi) committed than taking the case out of their bauds till an they have fully br ought their investigation to its close, tin BODIES NOT VET FOUND. tU: F.liasW. Ladd Miss Avery, Mrs. Kvans, Mrs. Carson Or ai.d child, a young man from Mmihattaiiville. 21 years Br of Hge. a child named iiunean. an infant child of Mr. th< liucklaud, and a child ot Mrs. Smith which was dashed aw out of her arms into the water as she ascended the be stairs. po THE LADD FAMILY*' tO This is the most heart-rending of alt the melancholy til cast s in the tragedy of the hmpire. The Ladd family \ op residt d ut Stoningtoii. Connecticut. Noyes, the eldest Bu brother of the lour hoys who were drowned, went last n? tall to Illinois, to purchase a farm, lie returned, and 'IT with the four decea.-cd, his mother, his wifo and it three children, a Miss Avery (drowned), who aeeom- r*< panied them, and some other connections. They had ' p? their nil with them, in the shape of baggage, amount- ' oft I.... tw -) 111 ill I. ?1,1.1, I.. - I......I .1 1 worthless by the water. This morning, Mr. Ladd re- d? turni d from Troy, whore he wont yesterday to look wt about his luggage, expecting the Hip Van Winkle had he brought it there. '1 he poor fellow, ou seeing the tb b< dies Ibis morning, was deeply affected, and hurst cu intotoais. lie brings them with him to-day to New aii 1 i rk, and thence to Connecticut, to be Interred. , as 1 heir iiumes are Cyrus F. Ladd, 17 years of age; ' w? 1 arius, 14; Nathan 8., 12. They were taken up to- su g< tbcr. through a hole made in the deck yesterday. lot I he name of the boy not found is Klias W. I,add Tho th< afflicti d mother, wbois at New burg, wus not able to N( biar the sight, and whs not brought here to identify go them. It was a Mr. Williams who identified them. I wed.nesday's report. j ECOSD 1*00 EST. ho Fishiill, May 13, 1840. tl< As the real facts of this case become more complete- ^ ly und more accurately developed, out ef the mass of tb conflicting yet honest testimony, it is more and more Ml> evident that there was no wilful and wicked intention on the part of the pilot of the Kmpire on one hand, or pu on the part of the captain or pilot of the schooner on | A* the other. Indeed, Dumond, the pilot of the schooner, n is entirely out of the case, as Captain Robinson had \\ the command; whereas, in the case of the steamer, the mc pilot Las the absolute eontrol of the sailing of the lor boat, and the entire responsibility. The character of iiti Robinson and the character of 8mitb, are both good m and unlmpeached. Krror of judgment, therefore, and io< neglect, ate all that appear to be or ran be. imputed to in there Ru n. Ilow far they arc liable to this iiuputa- bo< tion it is not for me to say?let the testimony addueed gat and the decision of the enlightened, patient jury, de- ihi teiniine. It is said there is considerable ill feeliug the between the officers of railing vessels and of steamers ; at . I 4l,i. 1 Kuril nvnww n uui.u * t\ Ks.liri en fn Ka issta V'a But that such * feeling operated in producing tbu lato tin disaster. there ha* been no evidence ax yet to shuw, >,o uor do I think there ever will An the case la more lie ailted. the point* at issuo become greatly narrowed. an] 'I lie alii gatioti of the ofllcera of the nchooucr Ik, that it be* ?HK the dvity of the Kropiro pilot to pa?? under the tur stern of the nailing vessel. according to established me utage, and that he must have *een. or at leaat ought wri to have seen, her In tinie to do so. It I* not denied, on tki the other hnud. that where a tailing vessel i* crossing .No; the bow of a steamer, or meeting her, or following her ent close In the seme line, it is the duty of the pilot to doc theer to the Ntarboard ; hut the officers of the Kuipint j'rci deny that this was the care with the Noah Brown ; nil thai she was neither meeting, nor i roseing tin- bow, dol nor heading in the same direction; hut that she was lohi coming nt au angle of 4o degrees towards the starboard uie side ol the I- mplre and lier captain ought to have aai Known that she could not clear the bow of the steamer, uij as iu tsct (lie did not; that, it was not the part of the , n, Steamer, while at a long distance, to make a circuitous the route to the eastward, and sail round the schooner; hid that it was, therefore, the duty of the captain to have a ( put shout to the eastward, winch he could have done No; in au instant, there being a fresh breese. and he having plenty,nf sealooni (two thirds of the channel;) and hit ibat moreover, it would have keen far easier to do pre that, than to quickly sh> er so loug a v-ssel as the Km- wc pile, going at her speed; and.tinsllv, that at the time 'be pilot of the Km pile saw the nhooner. it would n< i hat', keen impMStbto lor hiiu to iheertc the east with- b?-, W TO 10RNING EDITION?Til t rutining her through. In reply to this, the capIn of the schooner alleges that if she had sheered in at direction at the tiuie her pilot ought to have seen e schooner, and the collision would not hare taken ice; or even if the steamer bud not sheered at all tbut pt her straight course, theschooner would havecleared r hows. 1 his latter assertion is denied; and as to e time the schooner ought to have been seen by the lot of the Empire It is ailirmed that the night was rk. at that moment especially, ahead. The great ight of the evidence, however, goes to prove that e pilot ought to have seen the schooner long fore he says he did. Ibis has not been ae unn a lor satisfactorily. l n<* pittar* *upporwug tne lot house. it bus been suggested may hiue obstructed e view, the schooner coining at an nugtoaad bur nail* gewise; sud one highly intelligent wit ncss. a captain, ore thut from the same rauw, in daylight. be did not ? a sloop till he was right on top of her. It would m to me to require a very nice malbuinaticul calcuton to detciminc at a distance. und in the dark, id licr the vessels would strike if they both pursued i! course. Uul the important point in thut tho rink collision ought to have been ho guarded against. if ssilile. that it could not take place. The captain d pilot of the schooner maintain that they pursued u airy course to prevent collision, it the steamer hud I ne her duty This is the case fairly put. a> it has ' en urged on botli sides, and supported liy testimony I each party. It strikes me that, after this fatal ' llision. the rule or law ought not to be li ft any longer unci rtuinty; nud that schooners and steamers ghi each to know exactly what is their duty under inlar circumstances. One rule appears to be eatable d?t hut the vessel having the wind is hound to ar the vessel coming agaiust it. if she lias room, mie ought to be also some regulation compelling ling vessels to carry lights, as will as steauura. In ereucu to the p>art taken by l aplain Tupper that lit. uiiiuipeachi il witnesses have exonerated hitu m blame, and have proved that he used every exer>ti on l.eard the steamer, to the very last, to save the i s of the passengers. from the moment he knew the amier was tilling, for neither he nor any other officer <1 uny iili it ul danger in the beginning, hver since e wreck he lias paid every attention to the interests the passengers, atnl actid with every humanity. ie luggage und freight recovered have been scut 011 'I ray, and given to tho owners, as identified I'imrs have been securi d on the sides of the steamer, der w liieh i uipiy hogsheads are placed at low water, lich will so raise her thut she cun be got closer to the ?re. Alreudy she bus been |hrought closer by lling on a good lineal, high water. 1 lie Coroner is aetll if Willi all elirrtrv iin.l nru,loneo recovering tlit- bodus, arid in tukiug care of the jpvrty ol the dectased. the inquest. Iimonp, (he helmsman of the schooner, was recalled fs morning? He deposed iliat it was within one mite In in llie time be taw the steamer till the schooner uek; the wheel was hard down before the collision d lie thinks the sails bad just lifted." (a nautical in to describe sails in a dead state, between when they > tills <1 by tbe wind and tliey begin to slutke ) If he l! set n the steamboat sooner it would not bare been duty to alter tbe course of the schooner, as the cupn was iu command, and. being forward had a better |iortunity of seeing any object ahead and making his dilutions accordingly; he was the more anxious to ike this statement as some of the papers speak of the ot of the schooner," as if he were responsible; if, hower. us the relative positions of the two boats have en described to him, he had tlie command he thiuks would be lar safer to hold on his course than to put out; it would have beeu utterly impossible to avoid e collision at tbe time he saw tlie steamboat, or got eordir; the object of tlie order "hurd-up." he supsi d was to avoid a direct collision, by running the boon el' close up in the wind, that only their sides ght rub together; the stcambout ought to be ublo to cerastern within u quarter of u mile; his orders always re to stand on. that tbe steamer might see what they te about, and avoid n collision; tlie same observation plies to sailing vessels coming w ith a fair wind; his ity would be to char their bows also, loin Cshbon was examined this morning, as to tlie rutity of tbe woman found last evening He proved r to be his wife, in reference to his chest, he could t swear whether it was plundered or not; It wus full clothing, and he got it empty, with the exception of me letters and a horn spoon. On cross examination, e witness said the man who found tbe box told him e letters were found on the shore; thinks there must is been about four sovereigns iu the chest; his wife suys kept the purse. 1 he Cohomiu stated, that from the appearance of the i st. it appeared us if broken open by being jammed auist something while iu the water. 1 he ( oHONs.it was then examined as to his having ken fliti en bodies out of the wreck of the Empire. i.zi.kiKi. Jennings, a fisherman, who was out that ght tishirg, deposed that when the steamer slowed, e schooner ? as u ho at fifty yards from the point where ey would strike; the steamer wus about one huudred rds south of It; they struck iu about two minutes ter the steamer slowed; lie first saw the schooner ,u a lime away. ?neu making Der lack trum ttn; eutt; did not hear any bail ibat night from the steamer, r the hell ring to ' clow;" wasn't in the umii boat th Griggs, was lifty yards further east of him; wan m.'clt u bout one hundred and fifty to two hundred rds southeast of where the collision took place; the atner passed through the same row of stakes be was just at the time the slowed; she was about one* ird ol the chauni I fr< m the western shore, and alto it o hundred yards from the west end of the stakes; inks it the steamer steered east instead of west, she ght have cleared her. but cannot swear positively; a schooner, in his opinion, did right, as it is the rule vessels having the wind, to clear those coming aiust It; the schooner could have seen the steantboul lite three or four uiiles that night. Police intelligence. Tngenioui tlrretli. and litem try of tlf Sieltn hfimry.? lietrs Is orris and Calrow. two very able and efficient leers, attached ut the Chief's office, have arrested two nUei-koklng young men. on a charge of stealing, 'Hi the possession of Mr, Samuel L. W ells, a boarder the Irving House, corner of Chambers street aud tadwuy. the sum of in gold eagles. The primers' names ure Frederick Billing, alias Charles K. mne. and George Korlherman. '1 he circumstances pecting the nianuer in which the robbery was eftid arc briefly as follows: It appears that Billing tiv? d in this city about the 9th instant, and took Md at the Irving House lu the room occupied by ii were two bids, one of which Mr. Wells slept in ; d as both occupied one room, as a matter of course, i-y soon ueeaiiie acquainvvu. Hilling taking lUe opporiiity to make himself very familiar on all occasion*, i Friday night lust, llillmg and Wo Lie visited the ondway i'lu aire together, and from there retired to L-ir loom During the night, however, Mr. Welle was oke by Billing, who van near the head of his bed. and subsequi Dtly believes hie intention* were to steal his cket-buok. which he (Hilling) saw him place, previous going to sleep, under bis pillow. This parsed on. unL-atuiday afternoon, when Mr. Wells discovered, on euing hie trunk, that f.460 bad been stolen therefrom, spicion at oncu fell upon Billing, more particularly he left the house that day without paying his bill, le tacts and suspicions concerning this robbery were u laid b< lore the Chief of Police, who at ouce dlsted the above named officers to catch the thief, if ssible. hicans were then taken, and during Sunday, leer Brown arrested Northerinan, on suspicion of beg an accomplice of Billing; but as no direct evince could then be brought against him, the Chief is compelled to liberate blm from custody, but still kepi an eye on all bis movements. Billing, during is tniie. visited u barber In Maiden lane, and pro. r< d u false wig aud moustaches. On Monday, in this (guise, he was promenading up Broadway, as large lite. d? eked out in anew suit of clothes, when he is r< cognized by a tailor, to whom he owed $6U for a it oi clothes. 1 be tailor seized hold of him, and sent : oflicer Morris. who took bim Into custody. He was cu placid under the searching operation by Mr. irris. and in his pockets weie found twenty-one Id ragles, valued at (21U. This iorrcspond( exactly with the money stolen, caused 1311g to shake all over, as if be had tho ague: u alter he acknowledged his guilt, and loiu w he tfficUd the laiceny; be also impliesl.Noriheiman. and said he was the man who conctidlhe robbery anu induced liiui to elfect it. He d. on huding two truuks belonging to Mr. Weils In i> ro< in. Lie examined the locks aud general appearce ol I he trunks, aud then he went to several truuk k is. ordered a trunk with a similar lock, or as near ^urvcivic. iut;iti u 1110 nuiin, mm )'ut< biit; kvj iuiu nm iket, nuil told tbt! Vruuk maker to send it to the tor Houn?, and it would be paid for. giving a HellUS mii?; by this nouns bo proeured some half dor.?u key x corresponding with the looks of Mr. ells' trunks. With these keys, during Saturday 'ruing, in the absence of Mr. Wells, he iried to unk the trunks, and hnding that onu would tit. by a Lie alteration, obtained that alteration at a lockilli's. in West Broadway; on returning again to the ui. the key fitted, the trunk opened, and the $46U gold wax extracted. Billing, upon getting tuie <ly left the hotel, lie then met Northerman aud re him for his share ?100 Upon the officers heariug x x'oiy Ironi Billing, xome little doubt existed ax to ' guilt of Nortbetmau; therefore, to try the veracity the accused, a letter was written by Billing to rtbernian. ri questing liini to meet hiui (Billing) at ! I'Hi'ltic Hotel, in lireenwich xtreet, at 8 o'clock, on uduy evening. the arrest of Billing being kept pertly secret; therefore. Noitherinau. unconscious that r arrest lmd been Uiude. returned an answer by Iho ler. that he would be there. At Dear V o'clock, e enough, Northed a.an came according to appointut. and inquired for Mr. ! rrderick Adams, ax that i the assuiiu d name be wax to ask for. Billing was at s time pluced iu i ue ot the upper bed rooms, and when Idliei man wax show n up totbe door by the porter, and ?red the room, officer Nor lis listened outside the r to hiar the conversation. The tlrst salutation in Noiihtrman was "you. d-d fool.you have blighted my hopes; I would uot have had it for a thousand lais; like a d? d fool, you must go and take that sli r In ad/ d tailor up to my house to raise hell with " Billiugn replied. "1 could not help it, 1 took him iy uptown and slopped at a Mr McClelland's on way. and u-hed lor u lisine, In hopes to shake hiin .uu get aw ay from lilm '> The two officers outside de.?r, now lemming Impatient, walked In, took li into custody,and couveyed them before the Chief mail amount of tuoiny was touud on the person of rthenuan as he told Billing that he threw the hund dollars into the river fioiu the ferry boat going to oklyn, In company with Mr. Howard, when he was tending to search for Billing. The officers have erlaim d that both these r?guex purelne-ed together . worth of clothing at the store of Mr Brooks, eor1

oil hi rry audi elliariue streets, and other places e also bi ? u fvutid at wjtl'h they made purchases RK H URSDAY, MAY 24, 1849. with thu stolen money, all of which will ho recovered, an the ( tore keeper* will be compelled to take bank the article*and roatore the money. Thla Billing is well known to our police, as a few months ago he was arretted in this city on a charge of forgery, committed in Washington city, for which offence he was couveyed hark by Captain (Joddard, and subsequently, from the influence ot hi* relations, was pardoned by the President; yet still it appears not having taken a sufficient warning at the first offence against the law. he has continued his progress of felony, and is now doomed possibly to a sentence which await* him of Ave years hard labor in the Statu prison at Sing Sing BollUhe accused patties were taken before hi abonnr thn .Mayor and couitnilted to prison for examination. Much praise is due the officer* and nil those concerned in the accomplishment of thin prompt arrest. mi h'iiid of a Seduction.?An interesting young (tirl, of not quite 15 yearn of ngo. appeared yesterday afternoon. beforo Justice Mciirutti. accompanied by her friend*, and preferred a serious charge against a merchant, doing business in John street, accusing hint of her seduction and ruin. 1 he accused Is a man of good standing in the community, and. should the faets as ditaihd by the gM prove true upon further corrobo rattve testimony, then the magistrate will ae.t In a manner that will disclose the truth, and bring lite guilty party to justice. B) fork Jt'sttrt: MhIiuth.?The number of prisoners brought before the court. Tuesday morning was com partitively small compared with the previous mornnil gs It i rimurkahle to wUncss the easy m inner m ine men become prisoners, add the very trilling e iuso which lends to a dispute between themselves and the policemen, and invariably terminates In the policemen coming ofTvietorlou* by the lodging of the prisoner in the station house, in illustration of which tho llrst prisoner railed by the magistrate, was a hard- working looking man by the name of John f 'otter The noliconu.ii eliaigi d him with being disorderly in Whitehall street, refusing to obey the directions to move on, where a crowd had collected to see a muss with a motikty. for daring to bold a discussion with the policeman when ordered to go away. .Mai.1*1 ratk.?Well, Cotter, what buve you to say to Ibis charge rm.ioNFR ?All I did w o* just to cross tho Rtrcet and spick to a man who had u monkey; anil I saw tho man bad tlie monkey by the tici-k a choking bint mid nil I said was, "don't choke tho monkey;" ?nd he wild to me. -for what's that your business?" "Indeed," said I, you nius'nt choke the poor creature." A crowd then collected: and an M. P. came up. ami said to ine "mind yi ur own business.and clear off; "and faith." says I ."the niHU wHilts to choke his monkey." " f'hat's ttouo ot jour business." said he." "It is," said I. (laughter in court) "and 1 said, to the M. P., Its your duly to seo that the man doesn't choke the uioukey." Tho M. P. ini ii fuiu. i ii give you military, nun semen me ny mix collur. lit J I* ck* J lite up iti the ntut.ion honni> J n.nt tor nothing nt all. 'cause I t> ld the inuu not to cltoko hid monkey " (Laughter, in.tt hicli thy J uslicetook part uioUetutely ) Maoist hate.?Vou should hnve left when you was told to do so by the officer; lusftud of whielt yott got the police ntun'H monkey up undhe. in t h?- performance ot bin duty, took you otf to the station house. If you had been minding your own business, iu-trad of paying attention to that of others, you would hare avoided all this difficulty; hut uo. you must put yourself up to defend the rights of a monkey rnisoM.it.? I uni very sorry that I intcrferred with the officer, and if you will let me go this time, I pledge you niy wotd that 1 will never try to stop a muttkey from being clioki d again. (I.aughior ) Maoisthate?Well, upon this promise you ?an go, and be more cnretul in future how yott defend the rights of monkeys. There, you are discharged. The prisoner bowed thanked the .Justice, and hurried out oi Court, uuiid the laughter of all present. '1 he next prisoner called liy tbe magistrate, presented a scene of deep distress ; it w as the complaint of a son against his mother. The prisouur was an elderly looking woman if some fifty years of uge. apparently seen better days, and of rather genteel appearance ; but. from tho terrible use of lutoxicuttug drinks, she had biromeuu habitual drittikuid. ller name was Julia Kverard. 1 he sou stated to the magistrate that he wus compelled to make a complaint against Iris own mother as an buhitual drunkard; he stated that it was impossible to ktep ber sober ; she would take almost every article from tho house and pawn it. in order lo procure money to buy rum. Tho mother, on finding the determination of her son to make an aindurit. implored end entnnted the niagistrato in the most pitiful manner, exhibiting a scene of the most affecting character ; she would go on her kuees and b<g to be tried once more. 1 he sou inloruted the magistrate that it would be of no use to try her. us it was impossible to obtain any reformation, us she had been once before on Ulackweil's Island for six months. The Justice, under the cirrumstunces. although a painful duty, stnttnctd the unfortuuate woman to six months Imprisonment In the Penitentiary. The poor old woman wus taken down to prisou, overwhelmed iu teats 1 wo decent looking young men. by the names of K.dward C. liuy and < 'buries bail bain, were called by the magistrate, to unswer a charge of suspicion made sgaiust Ihetit by Ibe flrni of Van Kleek fk Co.. corner of Kobinson and West streets, of stealing $76 from tho Iron safe in their store. The Ju-tire, on hearing the ...I. I.... .... ,.r ....nl.ln. .-.i-.i *, ? .11 ? 1- -I.. r?.rF,v,w? a ?U1IJ-b VUVU1, uinu JOOVU HIP charge, an insuflicieut. I'etrr Othandn1, ft genteel looking man of near 40 year* of age. not unknown to the records of police, was arraigned on a charge ot attempting to enter the board* crs' rooms for the purpose ot stealing, at the Howard House, corner of Maiden lane and Broadway. His movt uicnts were noticed an being very suspicious. but no overt art had been committed; then-fore the Justice was compelled to discharge him from custody, at the same time advisiug him to quit his old practises. ji Churge of Mbduclion. -A wouian by tbo name of Blidget I'erry.o/iur Dillon, nan arrested on Tuesday by i fticer Valentine, of the 7tli ward, on a charge of abducting from the path ot virtue, a young girl of 14 years of age, by the name of Mary I'lutt. The young girl was found by her mother at Bridget's house. No. 12b Division street, where she kept girls of lewd character. 1 be mother was very much affected at the ruin of her daughter. Justice McGraih committed the accused to prison for a further hearing. Common Pleam>8petlal Term. Before Judge Daly. Msv 22.?Littak and Tobiat vs. (frern.?Ordered, that the answer of the defendant In this euuse be set aside, as a sliam answer, and that plaintiffs have judgment, unless defendant, within four dajs. amend his said answer, by setting out fully and spee.ilically his defence, and pity $10 costs of l his motion. Chmiy and Johnson i t. IWntif.?Ordered that this cause go off for this term, and be set down for the 15th of June next, on puyuieut of the costs of the term, and of $10, costB of opposing motion Hunt xt. Dixon?Ordered that judgment be entered for the plaintiff, for the aiiiouut claimed, and that defendant pay $10 costs of this motion. Before Judge UlshoelTer. which commenced yestirday. terminated in a nonsuit. Janu s R Sparrow vI. form Pan Ifyck?This In an action to recover $17J1 Kit. the price of 150 gallon* of lamp oil. at $1 17 per gallon. 'I he defence ret up la, that the oil was not according to rumple. Adjourned. Before Judge Ingrahiim John Toler VI. Samuel 'I'aytor. Henty Hunt and Francil Plate.?This wus an action of trover to recover $100, the value of a quantity ot iron and bra<s eastings. It appeared the pluintiff mid the goods in diepute to the detendunt (Plate) ; soon alter which, i'lale assigned thi m to the other dift-iidunts, in trust for the hem-fit of his creditors The pluintiiT seeks to recover the price of the poods on two grounds namely, that Plate obtain)d thun by false representations ; and. secondly, that at the time lie soohiairied tin in he knew he was unable to pay. and nevi r did intend to pay for them. His Honor said, in charging the jury, ttiat the plaintiff (misted the goods were obtnincd by Plate under false pretences; that at the time lie purchased he was unable to pay. and never intended to pay for them. It was certainly true that some of the representations were false, il the witnesses are to be believed ; and it was for the jury to say, whether those conversations wne surh as to avoid the contract. The rule withngard to false pretences are, first, that the representations are false, and made knowing thein tw be so. Second, that thiy wern made to obtain the credits; aud. lastly, that m dir. whs given on tho stungth of the representations L'poti the oth-r point, namely that defendant, at the time he made the purchase. knew he was unable to pay for them you uiust be satisfied that when he made these pnrchnscs his intent was fraudulent. and that he knew at the time he was unable to pay for thim. Stall d verdict to-morrow (this) morning. Before Judge Uehoelfer. M*v 2.1, ? Sparrow rs. Pan H'yck. ?This cause was given to the jury this evening The two points in the race were. tir.-t. whether the till was sold for ra<li. or on a credit of fifteen days; and second, whether it wits adulterated contrary to the statute They were both qui itli ns ot tact, altogether for the consideration of the jury. Sealed verdict (to.morrow) this morning. Ilelore Judge Ingraham. William C. Jltvtrit rt. Chrttrr (ionrltrll <{ .hithnvy Bichardt ?This wa? an action of replevin, to try title to a quantity of household furniture and wearing npi aill 1 he plainlifl boarded with defendants, and al|i gi d that he went to the country, leaving the property l.i hind him. with the understanding that he was to reclaim it on liia return. This the defendants denied. ( and insist! d that they were given absolutely to defendants. in lieu of board. The jury found a verdict for defendants. Toltri ?. Taylor, rl ala.?The jury in this cause rendered a verdict for the plaintiff tor $107. United Mnte* Marshal'* Oltlce. 1 Msv 2.'!.? Thr SI amrr ?m/>ire.? A warrant was Issued ?'T the U. S Marrhal. on Momlny. for the arrest of I Levi Smith, the pilot of the st vainer r. in pi re and placed 1 in the bimd* of Deputy Marshal Siuith, who proceeded ] on Monday night to IM-whurg and succeeded in arrest- ' ing the pilot on Tuesday evening The Deputy .Vlar.-hal arrived in townyeeterdaymoniing with hl? prisoner. We ' undeistand ball to tlie amount of $1(JUU0 lias been offend fur the plaintiff's appearance Bills of Indict- 1 niert. we believe are ininii-d ately to be sent before the ' (Land Jury, which is now in session, against Smith. Since wilting the above, l.evi Smith has given bail 1 In the sum u4 ill) IM) to answer any charge that ' may be brought against him Daniel Drew. Ksq . is his runty. Bills of Indictment were sent to the (fraud Jury at one o'clock to-day. Court off Dyer and Terminer, ftefore Judge llurlbnt, Aldermen Mulilus and Woed 1 Msv 23.? Ihe rourt wae opened and adjourned. * ERA] i i Court of General Seenlone. Before the Recorder, and Alderman Hat Held and r Brttton. *; Mar 22.? The Grand Jury.?Tha grand inquest came " Into court, and preacntad a number of Indictment* lint found by them. Tho paper* were received, and the grand jury proceeded to prosecute further business before them. ? r< Chat gr of Obtaining Goodn hy Fnlte Prrtrnetl.? V man foo name <1 James Davis. wae placed on hi* defence.charged n with having, on the lUth of January. 18-IH. purchased a tall of good*, consisting of variow* articles of jewelry, of "el N'aasrs Bela S and Seth B Squirt), of No. 1)7 Kulton Hl" street. p rom the evidence of Horatio N. Squire a ulerk P*1 in the store of the Ml ffTi. Squire, that OB the day ahova J*' mentioned, the defendant came into the store of hi* < niployer*. and naked the price of certuin article* of ' Je welry, that he ptlectttd a gold watch valued at pel), * 'wo diamond rings valued at if JS. undthreugold pencil*. ' Ol the value ot pi 1 60. When asked for referonot), ?' pi boner said that be was recommended to Messrs. ,J Squire, hy Mr. ( linnibcrlain. who. it appear*, was a ? Irittid of tho witness. Prisoner also pre-euted a eard, J ' t>< a>i(iupen its lure " Van Buren ami I hurchlll." tlna 11,1 hi log the nanm ufa tlrni who <lrnl in dry goods in Nus. miu street. '1 h'.1 prisoner said he was a muuiber of this tii mi. The representations are said to havn been false, "" us tlir dclt ml ant was nut one ot' the tiarn of Vim Uuren "t( and i liureliill. nor ?a? he reoonimended liy Mr. I linn- ,p< birlain. tin tile evidence produoed, the piiblio prose- ** olltur asked for a rouviction ot tint defeiidaiit. The ease was Milium d up by counsel on both sides, anil I*1 unit to the jiny under u charge from the Recorder. , The jury were out about half an hour, when they re- ' ' turned with a verdict of guilty. Judgment on Wedneaday morning. r01 I'irut uj (luilty - AViU'am Johnson pleaded guilty to a chin ge of petit larceny, ill stealing a piece of ca<si- 'J' mere, worth f23. ftont Mesirs. t ornell it Ammeruiin. ,, 'J he t i.uit sentenced him to tho I'eniteiitiury for six mi nth*. Raymond Si ars, indicted for burglary in the teeond "ei degree. pWsell (I guilty to gruud larceny. The Court accept) d the |'li u, and sentenced liiiu to the Stale ; I'linn lb* the lei in of tline yeurs ' Ji hn line Inn.uo ptiuiled guilty to a charge of inisdemeaner, iu voting illegally at tlie hist ehclion iiy the ,0 '.d district of tlio 1 Ith ward, on the lOtli day of April. Judgment suspendi d '1 h* Court tlicu adjourned. * May 23.? -Pita of Guilly.?Robert Oliver, being railed to ihe bar, pleaded guilty to a charge of ri ceiv- M( leg stolen good*, liu wan seut to the l'euilonllary for tw time monihs. lr< Trial J or tturglary?John Harvey, a black man. wan calli d upon to answer to a charge ot burglary ill tho j,, thllddigree. 'I he couiplaiut ou w liieh tbe indictment j, was '.nund ehurges the prisoner with having on tin* 7lh j, Of luci ruber last, broken iuto llm clothing sturo of ^p Ahtniii S. Atkinson. No 12S ileekuian stn et. and steal- tl, lug thvrolrcm silk handkerchli'tH and other goods, p? uioutitiug iu value to ubout gloO. The evidenco was j ( such us to induce the jury to rrlurn a verdict of guilty fll olgiuod larceny The l ourt sentenced him to the Slate prison for live years. i Summit uj Jamtt Dai it.?Tills man. wlto was on Tuesday lust convicted of obtaining goods by falso pre- jjj( It net s, was this morning brought up for seuteuce. g() \\ Inn askid what he hud to say why judgment should n)| not hi' passed upon inm aecordiugto law.headdresscd tho ja Cnui t in the most feeling uiunner ; be suid tliat he bail lor many years bi en eiigagi d in business in this city; j!*, ti;?t In- hud been It <1 from ?lcp to Mop In criunt until c]u 1* lit,>1 ut loot boon brought before u jury on hi* trial tt|l for an offence against the laws of the Slate; all his iuh- .|ri fortunes wore chargeable to Ilia having boon addicted I to the horrlil crime of gambling ; ho bad connived upon jj1( rt loilii. autl could only appeal to the uiorcy of the Court. j,,.. '1 he Ktcoidcr's ri marks, in response to those made <ri, by the primmer, won cr< ditablo to Ida liuad and heart: ,.jlt lie raid that ho wiih happy to hoar the primmer nay that p lie bad r, reived upon reform. 1 ho object of the la v j,., ear out to exerelao vengt ance ; the reform of the oou- [ jp, viet a as the great and primary thing to be aocom- . V)., plislud '1 he sentence of the Court was, that the pri- I p rimer bo ct nfuu d lu the Statu I'risou ut Slug Slug, at I ?U( bai d labor, tor two years. I j,, 7Tie Aliii/ianf*' /Cxc/iong? Hunk Rohhtry?l'ltu of Quit- ' lllU ty.?John K. Schatler pleaded guilty to a charge of . () giaud larceny, in sl<aliug $11."go from the Merebuuta1 I Kxrbuuge bank, at the coruor of Oroenwich uud t>ey streets, on the 6th fl'May Inst. The Court seuicuced him to the State prison for three years. Chargr of hurglury.- Owen McLaughlin was next c() put upoii hla trial, cliurged with burglary, In breaking r ( Into the bouse of Nancy Costello. of No liuo avenue a, on on the night of tlio fttli of April, ami stealing there- ,|(> lroni propi ity of value, belonging to Mary jau? (frover. in opening the case, the Assistant District Attor- pj, uey stated that he should ubaudon the charge of burglary, and try the prisoner for grand lurceuy. a| Iiiahi Jim: ( koii.h. witness for the- people, wus called tl. to testily. Klie Staled that on the nigbt of the 6lh of tfj April, her room, lu the hnu of Mrs. Costello was | entered, and her trunk, which contained i-> la i money, aud suudiy articles of clothing, stolen therein.m On the day succeeding the tiictt. sonic portions ' 1 of the clothing which the trunk contained, and a piece rrl of paper which was in a purse with the money, were mil found at the lodgings of the prisoner Miss (irover or suw the person who committed thu larceny, in her cil i coin; his sire aud form wus that of the primmer mc- in l.nughllu. i in lt tii Costcli.o, a lad 16 years of ago. the son of ,f: Nancy Costello. wus culled to the stand, and testified , wu that lie saw a person lu the house of his mother, on the nai night iu question; saw him take the trunk out of the tit loom; knew it was Owen McLaughlin; witness seised it. i...l.l ..? tl... 1..,. ?l - i... .u ? 1- ... 1 ? . . iiviu v* wis '' n ill lur jinruii. ?HU I in"II IWK UUIU Ul him and lit Kl him (Jowu upon the bed for a Hunt, and lln n inn oft. canying iho trunk with hint; in positive that it wait the jiriMiner; bo know him. John P*v. sworn? Known Owou Mclaughlin the prisoner ut the bur; on the Mb of April last. wo b ard' d tigelbcral klr. kellcy'H, in avenue A. between lith a and 12ih street; wo occupied tiio sumo roam aud tho iiiuebtd; 1 went to bt d first, on that night; i duu't know wbut time bo ruiue to bed; I found linn In bod in the morning; 1 #?> awaked by a smoke in tiio room, at near day light in tho morning; I thought at lir-t iloit o the ill are wan on fire; Owi n got up. and coming back, lepillfd tliat tho tinoko cauie from aoine old b tola wbirh wire burning in the yard; McLaughlin had on the lame clothes then that ho wear* now, and woro a gland rap. I John Long. a policeman of the 17th ward, testified lhat be wax present when thu pritoner waa arretted; lie was tuki ii from Pagan's porter house, iu avenue \, a belwei u lltb aud 12th streets; he was found ooucculod a In iho privy; went to prisoner's hourdmg liouru and Murcbid l< r tho trunk; found it in the yard of the house adjoining; tho trunk coulaiued ouly some article* ol burnt clothing; in tiio prisoner's rooru found a fmall mahogany bo*, containing sornu fancy articles, which .Miss Urorr r ImtiM as licrs One i.lbir witness, a policeman, was examined on the part ot the pn si cut ion. The evidence for the people being all in, the trial was surpeuded) it will bo resumed this (1'Uursday) morning. j w Mjicclnl NeMloni. Before the Recorder. and Alderuien Welib and Hawes. Mr? 22.?The usuul number of " small potato'' rogues and disoiderly cbaiucters were this morning brought le lire tin- ( i uit. '1 he only MM of interest was oue of the Pei pie against ( alherinc Melanin. Cathnint AfcC'ann.?'1 bo prisoner was a mere child, only 10 years of age. Site was accused of having <lol?n $20 tri ui Lllrabctn Kbrs. of No I'd Orange street It was reprereuU d l bat this child bad grown old in crime, pii bsbiy by the tutorage of older and mors guilly persons. She hsil been iu the habit of riding in oinnibu res. aud exercising the profession of a plckpockot At i lie time of ber urrest. ilic seemed to exult hi h?r knowledge ol criminal practice*. She boa?ted of an intimacy with tbo practices which mark crime in older persons ; in laet. she knew all that a wanton, twice or llirice tier age. might be supposid to know of criminal connection i bi iwi i II tho sexes ; her kuow ledge us she averrd being I piurllrul. Poor child! when silo found herself in dan- t per ot punishment lor in r olli uces, she molted down to something more like her na'u al infantile nature. She nun 11 n i- n i-ii i ii i piru'it u lino ll Cllliu. 'iliu. ill met. in-I, w H i II appi araiice of ihc burdened criminal Nlo htn rfi- (ju dmi I> been Inducted into tlm praetice- nfcrime liy older c i sml inure culpable persnnsthuii herself. Win n brought tin bi Ii r?- tin1 magistrate, It bi came apparent. by evidence pn tbtlf adduced, I hat the procer iIk of I lie rliiul n di.-hune-t j II practices had b> ell devoted in furnishing I lie rimm of a am I'tnitltule of >ou;i- yiars -lauding who re-Ides In t < Koosevi It -tteet. Oilier persons, be-ldes tliu pi"?ti- alb inle. rendi lit in lloo-evelt street. have been lmpll- him i uli d by the evidence ul the girl. It may be recollect- n h i d by the ri uder- of the Herald. Iliul pome months del -ince a poor but respectable woman. who keep" u fruit il I > r cake at aid at the corn* r ofi Imlhain and Itoosevi It hai street, viae accused of -leiiling fifty dollar- in g >ld from tin tailor. She came Hear being convicted and ku-r con- j In I notion would have heen followed by im acceration in wai the Mute Prison. 'Phis child wan the principiil wit- lit: ties-against the apple and cake woman. It now ap- no: piar- more than |.ri bable. that the girl t atheriue Mr- be t aim was hi is? It the thief. All things taaru Into con- rir elderatlon. the court ncenrrd It beet to -end the prison- bier to the Home of Iteluge. Her oriea. when iutoruied cir of the decision of the court, were heart-reiidiug. It la 7 t? lie hoped I lint the tutors of thia little girl, the per- ! die ton- who rt ei ivi d the profits of her criminal practices, cot may be brought to justice. If they can be legally ar- i nigtii d and convicted, there is but little doubt that Ihey will meet withju-tlee at the handa of the c u t, , , whose melancholy duly It was to faun sentence up >u the child Catherine Met anu. [j ' an i Movements of Individuals. J' b Commodore Smith, (r. K. ,Slaughter I . S. N.: Mrs. ll" n.itiodore A,organ. Washington ; ./ \V. Wolfe. St. fi*< 1 bonias, West Indies; Nicolas Mmetror. Kraacis loso r< in Lie halls, and 1 homas Kreehlll. Porto Rico, arrived , Ihiu |e-teiday at the jiilor /finite ; l.hut Cel. A. K. Vet lung. wbo was second in com- thai maud of the 1st Mls-lssippl Riflemen, and who wa? so- a ju rerely wounded at the siege of .Monterey, whilst storm- lJ eg a Mexican fort, is at f Incinnatl. I of pi Mr. H. bidluck son of the late charge to New Oraua- that la. Is In Philadelphia. P"'r Hon. Robert liale Owen, of Indiana, is al-o in Thila- yodg ielpbia. Mr. 0. was the former member of the House win r< ra the first c<>ngres-ional District of Indiana (ieueral Brooke, Major Harnett, Colonel Duncan, ind atti i.dants. arrived at St. Louis, on the 13th lust, m ttuie for Santa Ke. Conrt Calendar for Tltla Day. in1t Ciarrir t oi-av.? Noa. (ill, 70, 7d. 77, 92, ltd, 98, 90,100, l-nd ,01. 112. 1?0. 104, 106, 100. | drm Com-.eii Ptrte. 1st part.?Nos 3.16.23.65,81,113, argu 17 126 127. 79.47.93,103.73. 2d parl-140, 41,224, up i 1,192,194,220, 229,230, 232. | thie LD. TWO CENTS. ldilltne AITnlra. 4UWCH?Excmao Sccarr?Loss or l.irr ?The apleti. ahip Southampton, belonging to Mr. J. C.rirwold'a i of London packet*. and the bark Powhatan, both i rigged, worn launched yoaterday morning about 10 look, from the yard of Meirrr. Wasterreltfc Maokay, t ot. Light h tlrett. 'he Southampton war launched flrtt. and went into ' native element in fine style. with nil hur inact< in, 1 jardr acroM* There aire ni>out three hundred ins on her dick. about seventy of whein were lit a Kiel all nprnred to enjoy the Inuriolt very much, e |i to he ei nimauded bv < apt. Morgan, late of the .? pHoki l ship Devonshire. The Southampton it iut 1 7il) title burthen; lb.i fi el on deck. 41 feet: IB. and "It feet deep. She i* the laige-t merchant' in a Hi nt. with the exception of the I'onrteilatinn. Uter the Southampton lunl got near the niiddla of e I art Hiver. the hark Powliatan. built for Meaara. iambi lTaiu it Phelps. for the Murreillea trade, w t? inched A * anon an she got clear of her wuya. sh? lei in d over on her starboard ride and dipped hee Iwai k in the water, and remained in that situation Ill she * as towed alongside I in- Smu haiupton. at Mia i k. where rlif wa righted VV'n understand that th* ridect wns i-ttstii it by lier striking -one of the blocks iht ?<iit i f Itiu ways, which caused tier to eaut lie to starboard, and the wind n' the time blowing sh. ran riitd her ho much tlint the loom ballast in r bold shift) d. which kept her m that situation, bn .lonee. a ripper, who wan on t he forecastle as she Dtolf. was thrown into the river and his legs homing cnttingled In a rope, drowned !) f ire u-slstaneo uld be rendered him Kitten persons were thrown i board, but all the rest were picked up hy the h tats, e was not damaged in the least by the accident. The is a pretty modelled bark, of about 450 to us burthen, ) teet iu length oil di rk 2* ft nt. beam ami 18}? leet L-p. She. also, was launcln d with all her spare iu. Itrcoklyn City lnlvlllgeiii'e. ?oritT OK trrto.a?Present all the nidge*? Cms No. i n the calender, wlrch was not concluded, was reno d yesterday morning ? I lie President, krc. of th* uLauts' tiniik iu the city of New i ork. pUimiifs in ror, i ?. Punch VV. Clarke! ?/., defcmlants in error. ie resoudenis. K. W Cluik. & in, transmitted from iludelphia to John T Smith & Co., ol New York, inng el her funds amounting to about (181)00, Itafl oil l arpenter & Yermllyea. for (T.imiO These o houses were brokers, each receiving remittance* mi the other, which were kept in separate accounts. the letter of remittance. Clark te Cu. udrised uf alts to (20.000. The New \ ork house presented the nit id t.uipeuter ii Vcrimlyt a received a check fir on the I beutx Hank, and deposited the chuck wttli e Yen-hunts' llutik. who got it certified and passed it the credit of Smith Si Co. At this time Smith & Co. ii luigely oveidrawn their account in the Aeronauts' ink. uiid the institution gave no new credit on the ith of the deposit. Smith It Co paid none of the alts of the remitters, but ttoppi d payment on the y the deposit of the (7 HIM) clu ck was made iu the en bunts' Sunk. 1 lie Philadelphia house sued th* Helmuts' liank for the (7 000 chuck The oas* of i?oner. uppellunt.s. t ? Hicks, respondent, which wa* extra ease placed on the raleudar on last motion > by the Court, was in-xt takuu up The question* issue iu this case were: 1st. us to the validity of th* le of 184H. by occasion of its not having an enacting me; 2d, Us to the existence and constitutionality of 11 ity t eurt id Jliooklyn; 3d. as to the method of cetdingin that court, if it exist*, unit Corner?Hetore Justice i'ruuian Smith?la ' case of the lightermen who were charged with steul; four burrels of lard from the brig huinia I'resoott, ported yesterday ) valued at. (On. Judge Smith dtsirged l.unieis. the cook, ami committed tor trial email und llnstiiigs. the captain and mute, the evi ,C>- ?()UIUPV 1UI U1 Ul I UK III B HIT II l? VUHKHII, |UIH II y be dirchurged, they can ouly bo acquitted ou the dot i f a jury. )ian HHiN? hi.Licioea Worship.?A warrant waa la(1 yertvrduy. by Juaiice i'ruuiun Smith. and pl.ieed lbii banilH of officer I). K. Suiilb for the arreat uf a n numed Barber. who in lit the habit of dtatur jiug blic worrhip every Sunday, without, the ahghteet ivocalion. rli- wunt into a church lu 'arraville, la.it nuay. and proceeded to uiaturb the services lutba At violent deuiourti aiioua. i'miii aikninu to ''t,a?t a Srru.." -Dolly Peterson. loud woman, wax arrested by officer .lioiormtek. on sliarge it threatening to hat m kill, or cant a npell" i one llkcbel A. 1'eti rron. hueti.t bring rather aural ith.ua. complained of her. and a warrant was litaned r ber arrett but owing to tome informality of law in e warrant, Voily wua.dirchaigi-d Vt'e announce with borrow the dealb of a valnabla d ferpictable citizen. Silas l.od .tui late city aur>or. of Brooklyn. TUt'di-eime of which he died waa typtlaa. Circuit Court, Betore .Judge Hurl but. ill? 22.? Geo linker vi. Daniel SUvin.?Tlll? woe an .ion to u cover duuiagea for amsult and battery iontied by defendant on plaintilf. The facta an act ih by i be plaintiff, are a.- follows: Uu the 7lb of Oanber. 1847. between tire hour a of 8 and V o'clock in i afternoon, an the plaiutitl waa pairing up (ironat, llna ciiy. be beard ai uie feuialea ouuipiaiuing loudly ill-urage fioiu route man, ou rteppiug uptu aee wuat a tbe matter, the teiualea coiupiaiu.il that a person un d Daniel Sloviu, no lining tlie defeuduut. had foriiy broken into their houre and turued thein out of i he plaintilf thereupon apoku to dofuudaat in a on illy manner, and advired biui to derirt from lining .li uce agauiat the feuialea; the deteudaut llicu eourlifed abualng plaiutilf violently, and attacked him Ih roue abarp iuatrume.it. wuicb lie tbe plaintiff ild not aee. ou account of the darkness of the night, d iuttieti d a wound upon piaiutitf'a face, tuiuaedily under Ilia eye. about two luchea long, and peneding to the boue; at the time of tbe a<*auit, Alderili en Uge came up. and Ibe piaiuliil aud tbe Alderin am rleit Menu, brought him ee the ntatiou bouae, d in tbe luomiug be wan held to bail in f.1 &oo. oi.n Ihe females was examined on the part of the plainI and awore that the instrument with wliieb the de lUaut htlUcU tile pltiiiiull wik-tu itxi' nr biUbet. lb r. also staled iu an affidavit made by plaintiff, it at the time of the arrest be (tbe delimit) made use of tlio most violent lanugo to himself and tlio Alderman. The de.ce nt up was in subs>aiicu as follow*It pi and that Slevin own* pr mixes iu <ireeu street, d U t one or two apartment* to two female*. tbe on* nud White. and the other Kiety Iu some tiiua i r. for mine reason that did nol appear, be wished to . tin ill out of Ihe premise*, and fur that purpose ul there at the time above Mated. He pushed IU i door, and finding no pernou iu tbe apartment, bo en did to teiuove tbe turuituie lute tbe yard Iu nu uutinie. tbe female* returned aud finding their tiiiurt-ri muvi d. tin y becaiue very violent, and eolith a crowd rnuudibepreuit.se*. I be piatuliif, a* lore gtult d came up at the lime. and. a* d> feudant'l Lues* alleged, comuieiic>d abusing the defeudant, ODI be aiatid. wan *taudiog peaceably ou tile stoop, d then pri oeedtd to arrebt bnu. Uefendaut anlteii nntifl if lie wan a polieeman. flu replitd be was. ' tin u'askvd tnui to show his star. He replied, it was i tiiatter; that be wax an officer Some angry void* en pasxtd. and tbe plain. UT proceeded to ..iy bis did* i.u deli nduut to arrenl una lie resisted, and luckthe plamtitl under tbe i.yo witli hi* list. Vt is time tbe Alderman came up arrexied both parties, d brought lilt in to tbe station bouse Hi* Honor nrgi d ibe jury that it wan not controverted but that e blow whs given 1 but whether it was given with an trnuiCDt or with tlie list did not distinctly spin One witness swear* that it was giv. u witb tue tcbet. while another xwtars distinctly that it was on witli ibe list uud that he (the witness) bait l< re the blow wax stiuek took the balobet out of the lelidxnt s bants and passed it out through the gale, c tu*l i|Uebtion you will have to consider is, was it biuw justified or not? it is here ni ceseniy to statu it tbe points of controversy botweeu Hie defendant il tin leuiales are not iurotved in tills suit aud we ' only to look to tliem to see how tar the platutilT * justllied in arresting tbe defeudaut lb* next estion y?U will have to consider, was the utfeuow 11 untied by defendant ou tile females (if you >iloi|l J nk II aiuouutid tu an assault) in his (the plaintiffs) si nre such as to authorise in in to make the arrest' If did not. (although tho plainulf * conduct wouti ount to au nrrami on tile females) liw was uot jtini1 iti making thearrist because (hi law would not w i hut be r lion Id receive luiormation from others ; J if hi atli nipti U to make lb arrest fr an the mf <ri| n of otln rr.hr would bo a lnvpt>'rr and the i i.dnui would bo justified in resisting him ; so lb it .nit r rsnio there after the assault on the females i bet n c< mploted. bo bad uo ight to interfere. and d. Iciidaul was justified iu resoling provided that, making ?uch resistance, lie iire<| n > uiorn force than actually necessary. If you believe that lie struck n with ills fist. It was not. in rny opinion, unusual or necessary ; but If, as one of thu witnesses testnicd, struck liiin with a batrbet?that being under any ruin stances a dangerous weapon -I think It would using more form* than was n cessary, or thau tho rumstiiiioes of the ruse called t'r I be jury retired, and soon alier returned with a vert for plaiutiif, lor six cents damages aud six cents ts lUv 21?Jhrahrm Unu UnA el TistoMy fee*.?This an aclloti in the nature of a replevin, under the , ride 1 he plaint|lf a carpenter by trmle. was solved by ? young man by the name of Juhnsou. to tit the premises No. IW1 .tveuue li. as a drug store, at i xpense of ubotit (110. Al ter the work was finished, iison a us unable to carry out his engagements with landlord; the latter took possession of the pteuti 'e*, uirs and all., and let them to au.ther tenant, who istil to recognise the plaiutiif s claim Mr UowI then upon Issued a wiit of replevin, and removed fixture* After the case wts opened, it turned 6ii* : a material witness was absent, and. apou couseut" iror va* withdrawn ' ' (Oflan II. ir?i?bon.?This was an action f.>r rent r? nn.-es in St Marks Place. 1 he defence set up wan piaiiititl bound hiuisell tn keep the premises iu re* und that henrglected to do so ill* Honoi rava ;ri cut lor plaintiff lor (414. One or two iu'iuesM i then taken, and the Oourt adjourned. Supreme Court. Uk.-tfcK.vl. TkU.il. Present, Justices Joues. Edmonds and Edwards. *v UK ? No 66. .Mci ullogli vs. ox The argument lis cause was concluded yesterday. No. OP, Ernest ler vs. Samuel 8 Parker?Judgment for plaiutiif on in n r. 48. Joseph Dauoourt v* Kobert I'riue was led 72 t.bciicser U eleb vs. IV111 by och was taken and In part argued, and the arguuuut resumed morning.

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