Newspaper of The New York Herald, March 13, 1851, Page 1

Newspaper of The New York Herald dated March 13, 1851 Page 1
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THE NEW YORK HERALD. WHOLE NO. 6716. MORNING EDITION ? THURSDAY, MARCH 13, 1851, PRICE TWO CENTS. NEWS BY TELEGRAPH. AFFAIRS IH WASHINGTON CITY THE NEW HAMPSHIRE ELECTION. THE MASSACHUSETTS SBNATORSHIP, &C./&C-, dec 'Ttie Latoat fiora Wt?hlii(i?n. CON. lirMATION or T B I ' ri'E R KIWJ ANB OTHERS ? COMMISSIONER TO CHINA? THE OOMM IS8IONK* 01' rATENTS JLUvESS OF SENATOR THELPS? TUK MCA RAtil AN Ht'SINXtMl, ETC. Wj'Himiu.x, Maroh IS, 1831. The Senate yesterday eou&rmed T. Butler King, as Collector of the port of Bin Fruolaoo. The Senate confirmed Mr. Xelson, of l ast Tennesa?e as Commissioner to China. The papers for George T. Curtis to auperseile Mr. Xwbaoka, were made out last Thursday but have been 'withdrawn, upon information that Mr. Curtla will not aecept the appointment Tha change will be made as aoon as the President oan light upon the proper peraoa to fill it, and who will take the oommlssioaershlp of patents The Supreme Court adjourned yesterday. The following confirmations were made by the Senate, .?yesterday Samuel O. Bradbury, Pean.. Chief Jus tice of the Supreme Court of the Territory of Ctah,ia 'pl.oe of. Joseph Buflngtoa, declined ; Henry L. Tlldea, .\Iarahal of Minnesota. George G. Baker, Ohio, CoasU| *cr Oeaoa. Sardinia. Fd>ard William Johnatoa, present Seoratary to tha Mexican Oofciniissionere, aad formerly assistant editor ?>f the /nfe/iigenter, ?ij; shortly aaaume ooatrol of the JMchaiond H'Ai ig. The folwsls; aonflrmatuaa were made to day ? (Samuel 0. Goodrich, Consul at Paris ; Robert 0. IBchenok; Minister to BrsiU ; Mr Claek, Bears tary to Legatioa, ditto; John Howard Payne, Coaaal at Taaia; William Kaaby, Coaamlaeleaec Publio Bulldluga; Thoe A. K. Nelaoa. Comnusaioner to Ohlaa. There ware also large numbera of ooaflrmatiena for mlaer offloea. Xhe table la oleared of all aomlaatloai but ene, the cuperintendent of the Custom Uouae la New Orleana, which could aot be taken up for want of a quorum. General Scott will leave here on Saturday for St. Xouis, aad other points, to leoate military asylums, provided for by the aot of last session. Kx Senator Phelps is la a orltloal altuatioa from srysipelas aad the Secretary of the Treasury is oon An.d by tadlsposttlon. The Seaate will disperse to- morrow. The Nicaragua question continues Involved la mys tery. Rumor saya that the Nicaragua Miaister aad Mr. Bnlwor uaderetaad the subject oompletoly, while Mr. Webster Is la the dark. THIKTT*UBOOiVO OOSOREBS. BY MOISS'S MA0NKTIC UNI Iimfi BXICtrriTX SESSION. WiiMinoTOR. Mink 13, 1861. THK HILL 10 R THE RBLIKV Or THK OCLOKWA ?tiok Himr. Colonel Jiini.iOfi Divit oSml i resolution, dlreot iif the lintUrj of the Senate to oertifr to the Pre sident of the United States, that the hill for relief of the Amsrtcaa Colonization BeeVety >u presented for hi* signature, without the suspension of the seven teenth role, by the Senate which suipenslsn we* ne cessary far snob presentation. Mr. Smith objected to the reeolation, end it ?u laid over. Tbs fcnete then west Into sxsoutlve *cesl?n, sad re Rtelaed till 4 o'clock. THE riTHT SrrOST. A leiolution *u thea adopted dlrscttog the par ehise tiom Mr. Hitebie of 46,(100 oopies of the Patent Oflce Report. ADJOVeVMCNT DCCIDKD ITO-l. A moUoa to adjourn ts morrow at 1 p m. , was adopted THE r>Ulft(NT'l IIUDitlltl. Ooieael Jmnton resolution, concerning the ?nor In getting the Freeiilent a HMN to the Uolo pltatiH Relief Bill was taken up. ana debated. On a rate only twenty-nine aenetora| appeared, being no quorum Several motions wsrslmedc. but as ne tbiag ro aid be done without S , . th? S-aat* ed Jeurned till to morrow New Hampshire K lection. Bosto*, March 12 1861 aoVKKMOR. Tbs returns from one hundred end twenty towns Rive, ob the gubsrnetorlel tieket ? Dlnsmois. democrat..,..., 14 410 Stawyer , whig 11 922 Atwood free soil 8 042 11 004 Against Dinsmore, thus far 4J24 Tbls vots shows e democratic loss (for Dinsmor*) ol e,?s. COSORE9S. Tbs returns from the Congressional ilitrlsts lull eats the eleotloa of the following sandldets* ? Dttfrtrf*. J Amos Turk free *<>ll whig, re elected 2 - Charles II I'taMec, democrat, reelected 4 Jared Perkins, whig, over Morrison democrat Iste member Whig gain 4? Harry lllbberd. democrat; re sleeted Tbs Congrsssloaal delegation, therefore. will be equally divided. There Is probably ns choice for Governor, sad the choice will, la thai ones, bs meds by the Legislature limsmere Is tbs priscat Coveraor Tbs vote last year, la the wbols Ntete, stood -Dlnsmors, dem., 90,761, Ohamberlela, whig, 18,472, Berry, frss soli 0 742. LaatsuTt'Ri. 8?iurfr.? Ia flvs districts heerdfrom, ihrss whig* era wleoted and in two dletriots thers Is ao shoics - seven te ha beard from. ffnw r/ IrfirtMeWirft.-Tb* Oouss so far es heard j roa, stands 74 whig and fres soil democrats, and 61 regular democrats The seme towat lest ysar. gavs 40 whig and 99 dem?critir members. Ia Portsmouth four whig* sleeted , Dover, seven wbigs; K let er. three whig*. Nathua. Nathvllle, an d Petrkeeter seal entire whig delegetione to the Legis ature Ktono 0ETATCH . Boston, March IS? P. M A despatch fram the P ninat (dsmusretlc) ofkee, Con cord. dated Mereh IS -I P M , *ny* It I* rertala. by ret ures from eearly ths entire Slate. 'hat Dlnamore, the democratic eendldete. will tell abort nearly I.OOj of an elect loa The democrats. It I* ascertalaed. with out mneb doubt will have a smell majority ia the Legislatars (though greatly reduoed from la?t year ,) who will elect Dtaamore Goveraor. Atwood. ths re pudiated candidate of tbe democrat*, received tbs tree soli vote sod 4 OCO to 6 OOti democrat sad whig -vetea bis total vols will be about 11W4> Perkins, -whig for Oongriss. ba? about 1.000 naaji'tty Te-k -will al-o bate e larj,e majority. Peael** and Mlbbard dem oe rata ere certainly re ?le t?d It I* certain thet nearly all the oewlr amenUed constitution has been rejected (being voted on by section*) Another AtUsapt to Klcet m Vailed States Senator In Nauaeknsetlt. Boston Match 12 1861. Two mors attempt* were to day mads to sleet a United States Senator Aanesed Is the reeult ot the ? allot* R>ren'/?rs. Kifhhra Charles Samaer '?w 1*8 It O Wlotbrop I* 198 Scattering TT 54 Slaak 4 1 Retire vets 890 Vseessary te a choice .ISO 1"4 Bumaer lacked sevea vntss oa tbe flret aad eight on ?the lest, being e falling off of eM from the prcviou* at Ismpt te elect After the 'esult of the last hallo* bad beea aaaouaeed. .a metlon waeaiadeto pr?tpone the sit Jset for four week* and en ecituioniou* debate of two herrs' Jura tlon easn"<'. la which Qsnetal Duabiag and others of tbe old line democrats were attached by the coalition !st* Tbe r.otion we* rejec'.d hy a vote ?f 19S to 192 The swhiest *e* then eventually pr <?.|>one 1 'or otts ?week. The free rollers felt coa".d*at of eu -ceSI t?? Say ent ? %re?cvr1hly dieeppi.lBted St th-ir 1 I'M T ti e y have beoofaa fell flea. f?< m ths result ? the t>?;i??a to day thet iiasef canuoi be elects'! to i n- U elt?4 rtt ?-e< ?? ne'e ai.d tbev me already l*IV> i of r nulog ,? t(. pbean Phlllt|/S It bs saRaot be ete Tt >| tfeS win Sfc Kr (ieorge t? Hr'gg*. wh'g They will no? aajoce^ t Rally they *sy, without Ut<RfliS| '.e ?'ec \ HRW YORK LKOI8L A T U R R. ? Y MORSK's LINK, NO. 16 WALf, ITKIR. Senate., Maroh 12, li&l miTiMi For ? national railroad, part of which to be located in this State, of a large number of wvwea asking to be allowed to vote. NOTICE or A HILL. Mr Morgan gave notice that he would, at an early day. ark leave to introduce a bill by which the cum in. 'na, in summary proceeding* to dispose*!* tenant*, ehall r>ot be rrturned on the lane day that the pro off dings are lisued. Auembiy. Amur, Maroh 12, 1861. rCTITIORi PBBSENTCn. Fire to repeal the Free Sohool law; four to restrain the rale of intoxicating liquor*; te place a State law library in Utlca; two from the oitisens of New York, to compel the New Yerk and Erie Railroad Company to adhere to their original charter, of the citizens of New York against par redemption In that city. hkLATIVE TO THK SALE or L|i)UOHS Mr. F okltck, from the majority of the committee, reported a bill relative to the sale of Intoxioatlog liquors. Tbe bill provides for licensee, but makes the vender liable for all damages resulting irom the cale of liquors. Mr. Chamrerlii!<, from the minority of the aame committee, reported a bill to prohibit the sale of liquor, under an adequate penalty. STATU HISTOBV. Mr. Vahni m introduoed a bill providing for the pub lication of the oolonlal history of the State, and also to place a copy of the same In the exeontlve mansion at Washington. Tbe Houee, in Committee of the Whole, took up 'the consideration of private claim*. Hnalelpal Blectloni at Camden, N. J. Camden, Maroh IS, 1861. The annexed 1* the result of the eleotlon In this pleoe yesterday Dr. Lorenzo F. Fisher, Native American, was elected Mayor by 84 majority over the demeoratio candidate. Joseph Myers, native, was eleoted Clerk of the Quarter Session; John W. Potti, native, City Mar ehal; John W. Miokle, democrat, and Abraham Brown ing whig, ohoeen freeholder*; Joseph J. Meore and J. Y. Hoagland, native*, Surveyors of Highway*. The Natives have gained a majority ot the ofloes. In the north ward the whig ticket, with the exoep tlen of one Justloe of the Peace, Mr. Caecldy, was eleoted. In the middle ward the ticket was between the whlga and native*; and In south ward the native ticket ia elected entire. Thlc ia a great gain over the demooratic candidates. In oomparison with the return of the election last Fall. Kwp'a and Lewie County Ranks? Railroad Stock taken, dtc. Utica, March 13, 1861. The bills of the Lewi* County Bank, to the amount of (8 000. were redeemed in this olty to day, by F. Hoi li*ter agent for the bank. A statement In the Watertewn Uru,>n, show* that Henry Keep'* bank I* perfectly good. All the bill* of the bank* reported bad last week are now taken in this eity. Stock to the amount of $178,000, for the Mohawk Valley Railroad, has been subceribcd In this eity. The engineers will report the routes and expenses of build ing by the 30th of April. Conflagration at Carililc, Pa. CitLULK, Fa , lUreh 13, 1161. The moat di*tre**ing and deitruotlr* fir* that ?i*r took plae* la thi* borough, broke oat this morning between twelve and one o'olock, in th* stables attache^ to Bcatt'a Hotel The Are spread with (rightful rapid il* ; the wind blowing quite freah from the northwest. Tne flamaa toon apread to the adjacent buildiags, and in the course of a few houra fourteen dwelling*, twenty atablea, and two warebouaea, were oonenaei, beside* enteral hone* and eowa, ho Tha lire wai not anbdaed till lour o'clock. No live* were lo?t. though levernl perenn* were aerlouily injured. The lo*a ia estimated at ffiO.COO Dryartnr* of (b* Kurop*. Boitoii, Maroh 12. 1S61. Tb* Ounard iteamahlp Kuropa aalled at noon to day, and took with her $10,600 in sovereign*, >00 000 In American gold, and 914.000 In gold dust. Shehal on board ilty six pasrengera for Liverpool, and e*v*a for II alt ra i Among the former are Mr* WUthank, Mr and Mr* Urogoard. Mr Scroll and mnant. T Bntterflsld. C. Beckett. C 0. Kugkeet, C. M Parker, J a# Batterrhee, Judge Daly. Mr. Maiden. JaaeStra* beyer, John Vockhelm, Mr and Mr*. Pen*. Mr 0ol man. and J. Berria, all of New York. The Fre*h*t In T Irglnla, Ac> Baltimore, March 13, 1161. The Ireehet from tb* Roanoke ha* done great dam age to the Railroad company, by the carrying away a number of veMel* and embankment*. There 1* no laterxoptien ia travtl however. The N ut hern mall I* In. but w* have nothing aouth et kaiannxh No new* of any importance Hawaii Intrlllgenrc. No?? o..? March 11, 18*1 The ?loop of war John Adam* went down to the an ciiorege to day She will *all in a few day* for th* I of Africa - Ttir Canadian Capital. Toaoirc March 13. 1U1 j A large public meeting waa h*U here thl* atteraoon. to aJdrr*? the Qavarnor (>?o?ial again*', th* removal | of the ?eat of government till It baa been bare four vt*r?. Th* addrae* declare* ihat a removal before that time muat Inevitably prove diaaatrou* to the praoe i aud well beiug of the provlns*. Bleteorologlcal Obeerrmlona, March I I. iiv mobm h line? orrtcx 10 wall amorr. II' ?r*i?. IA. M ~ Beautiful morning. wind north | therm one ter 33, tar o meter mercury (5K 8 1' M ?We bave bad a pieaeant dav. an 1 the evening i* blight and clear; wind north; thermometer 29, b?ro meur 29 CM), meicury Gu Ho- iimraa, W A M Klne. tunny morning, with th* I wind frcm the northwest thermometer 8J 8PM flae clear evening; wind from the w**t. thermometer M. At ei an, 9 A M Beautiful, warm, pleaiant morn lag h f M ?Clear and pleaeant evening wind north eaet. thermometer uO. Biaartas, b A M A clear, beautiful inornin,;, and quite coid, alnd ncrth, tbi-rmonater 19. I P M ? It ta* been a very pleaeant. but quit* ooldday; wind northw-et, thermometer 30. 0*w*< 9 A M Blight, pleaeant. but cold mornlni wild north, thermometer 19, barometer 30 40. 8 1' M - Clear, pleaaant moonllrht eveaing; wind aarth; i tbermomet-r 1# barometer JO tin ? 9 A. M ?Clear and beautiful morning wind nortbweet thermometer 30, bar meter 'J* WO IP V - W e have had a flne. clear day, with a clear and plea teat evening, alad nortbweet; thermometer 33. baro meter ur stiaigil. Aiaa.iv.9A M -Clear ?unny morning, wind north, berrw ter *J, mercury la barometer <18. thermm* 1 ter 10. t P M ?Cleat and eold evening barometer ft M, mer-ory 07. thermometer 30 Taoi 9AM <1ear and beautiful morning ku* colder than y**terday wind north therm meter 20 8 1' M - CWr and beautiful evening with a light unrthweet wind Mievavti IP M. -Weather clear aad cold, wind weit, tbermr meter 13 degree* above tero. barometer Bo M. t|tinr. IP M Beautiful, elear evening thermo 1 meter 4 degren above ?ero by ha;Vs UNI ? orriOB wall n*m Cevaau.L, I f M ?Clear and oold. and th* travailing g^od. Ki?nrrov 8 P. M We have had a beautiful, eprlng llke dav and thie evening the moon I* *hlnlng beaut i fully, wiad nrrthweat. ko?Nt t, 8 P M ? Clear, baeutlfal day. with tha thermometer *tM^ ^ ^mmm my Intelllgenre. T it O* -?i < Cm -leet'iilar afternoon in tha me' -er of Bertlne A Ryereou proprietor* of the Thirty flret aad Orand atreet line of s? age? Juetlee Mtnatfor*. wae *erv*4 with a writ of rerrtenrt, leaned by the Ma preme Court, l.i the caee of William Vader, one ef the ditvers aonvlctej the other day by tba|iasgtetrate, for driving n itage wlthnnt belag lleeaaed The writ It < made returnable on the Iret Monday In April next We understand that write of rarliererl ia each of the other ea ee will be allowed aad *erved, ia a day or tea oa the roagletrate. aad the whole qnaetlon will tben b? carried before the Ptipreme Court on review Uertlae a Ryeraon. we are informed. etlU noatlane to n<n tfc fr etage*. but do not tab* far*, but a woman l? Mated In the *tege. with a '>a*ket containing "change." and the paeeeagere wt*hlng to pay. depoelt the elipeace la the baaket Vim in N*a**v ffiiM- IUrihi or OtMPNmit To* B?i?i* Hia*t? On ii l.iutiMrivt iw th? r?#en - I net -t-iIiik about half paet ei^ht o'elnek, a Are broke nut la the baeemeat ot Nu 111 Na*>an street For *ome time pere< n? living la the vlelnity ruild not ?*cer(.*la trhrr* the Are wae. there being no data* vlelbie but * m??? of deaee smoke *j>read over the adji.eent efeeefe It ??? o e*< ertain- I tha' tha tre originate! in a lititeh ba?r eeliar. o**upled by n 8>*n tiitirl Rideabark Three periona wer* In tha cellar at the < m? playing domln * namely. Rldea bark tin m Ht imc toon and Heart limbeck Theftre 't ilnat'd free* the buretleg <1 a oampbene lamp. ?' irl "julrhly enteloped the ?eH%f ,n <tam ? and the n i n a -r* ?o oi?fn?ed aad frlgh'ea^d and biladed by ?he 'milk* that they retild aot make their way tn ?be <i< or 1'h'T appeared at the grating, and were thrhailtig their be*"!" thravgh In agony, two <%?. them | Se'ag Wl-Virnel Th* greate?t ? fUenient prevail j, m ; *a? <mr^*elbl* to get In'nthe *<l'aeby th* t V .r r, eceeuMittb* lite aad den?e emake The ' r . ; k. .u < *1 u i ut"u ?i prtMat, ticking oa la a at Me of terror and distraction A pick kw hiving been procured the gritting wan broken open by W m Story, who did good aervioe at the Uagu? atreet Are, and by Officer Carmody, cf the second Ward, who ren oued tbrm troin the tlanea Stimonaoa and Lt-mbeok were a?n*reiy burned in the handa and laoe The for mer waa taken to the Second ward station hou?e. and afterward* to the City Uospltal The latter waa taken Id the trst inatance to th* apvtbecary '* at the oorner of Park row and Ann etraet. and afterwards to Dr. Kbiaht a, In Anne atreet. wto dreaaedhla weuuds, attar wbloh ha waa taken to fcla reeldrnae In Duaae atreet As th> men who were taken np were unabla to apeak, from the effeet of tba smoke, there waa the aoat pan ful auxitty among the multitude, as It waa bellevad there were others In the cellar, who were cither burned or suffocated. Meantime the firemen aaaemblad la great foree, but the (treat waa ao narrow that only a law could aot. There waa tnuoh anxiety for the store atore ot Mr Ilolmes, overhead into wbloh the fire had burned ita way from the oellar. destroying the stair* In lt( progress. On the floor above the atore store was the office of the jlmrrican Hn i'w , and the adjoin ing building. 120, being Campbell's wholeaala paper atore. the alarm Increased, and not wlthont reason for had the Ore gained a little more headway It would have been probably a great one, and very difficult to extinguish, owing to the narrowness of tha atreat The stove atortt waa opened, and the hoaa introduced and played with inch effect upon the enemy below, whioh was rapidly ascending . that In a ahort time a vletory was achieved. It waa not however, without a damage cf about $1,604 between the Injury from water, lira and breakage two third* of the basement being ooou filed a* a storage tor atovea. There waa not a cant or naurano*. Trie firemen and police deserve great credit for their exertions. The whole foroa of the Second ward polloemen wtre In attaadaaoa Firk ? On Tuesday forenoon, about 11 o'aloek, a Are broke out in the Tenth avenua. between Thirty-fourth andThirtj filth street*, in a house belonging to George Nimmcn The firemen ware promptly on tha spot after tke alarm was given, and tha fire waa extin guished with trilling damage. A(cii?nt on Boakp a Brim. ? An aocident occurred on Tuerday afternoon, oa board tha brig Caroline and Kliia, lying at Judd'a wharf. Thomas Lacklay, one ol the crew, while engaged aloft, fell from the foretopmast, and Injured himself aeverely Ha was taken to the City Hospital by oflicar Thomas Smith of tha Seventh ward. Court of Oyer and Terminer. Before Chief Justice E Jmoat it and Aldermea Franklin u? Miliar. TRIAL FOR MURDER? THIRD DAV. Mah> m 13.? Thomas Prlchard was again placed at the bar charged with the murder ofDomiaiok Lam brioht on 30th January last. Mr. Horace K Clark then prooeeded to sum up the ease on bshalf |of the prisoner, and commenced by saying that, under crtf nary circumstances, he would not have felt it acces sary to add one word to the very able and eloquent address of his loaned aaeooiate, Mr. Clinton who coa cluded hla argument the previous evening. He would conflne himself to the faota of the oaaa, and ha called upon the jury to apply themaelvaato the oo net deration of the tact* and circuiantanoee, and aay whether, it tbcy believed the prisoner waa the pereon who threw the weight whioh gave the fatal blow, they eould pro nounce. upon their eolemn oath*, that he was guilty of the crime of murder. Counsel here daftnadwhat acts constitute premeditated and deliberate murder, and then reviewed carefully the testimony of the wit nesses for the prosecution. Be referred to the tact of Mr. Hunt, the principal witness la the oaaa, having failed to identify Priohard when ha waa azpoaed to his view in company with seme other prisoners In the jail. As to the avidenoe of the man nailed " four fingered 1 Dutch," it was not worthy of belief? a man convicted of many crimes, yet who deliberately swore that he could not remember what they all were; If he has proved himself false la ene particular, he was not worthy of belief in another. Mr. Clark was pro ceeding to argue that even If the jury believed the blow wae struok by the prisoner, it would not amount to more than manslaughter. The Judge here said he intended to charge the jury according to the law laid down by himself la the case of Austin. Counsel thea referred to the opinio* of his hoe or the presiding Judge. (Edmonde) delivered la the oaaa of the People against Austla, ia which he says u Whether the act waa murdei or manslaughter under our statute, depended entirely upon theeila> teuce of en intention to kill either come partloulaf pereon. or generally some one of a number of parson^ agalatt whom, la a ma**, the fatal act is perpetrated. There Is ogjy one homicide known to our law whioh becomes murder in the abeeaae of en intention to ef fect death, aad that 1* when the act Is perpetrated by one then engitged in perpetrating a felony. K?. cept 1a that one oase. no homicide is murder withowt an intention to kill, aad with such an intention, every homicide, with the single exoeptlou already mentioned, unlet* it be justifiable, li murder, whether the intention Is formed on the Instant, or has loag b*<n entertained. ftuch intention may be i Inferred from the aol 1 tacit, for It may be oae whioh of itself plainly Indicates a beitrt rejardleis of social duty and fatally bent on mischief, and men arc to be pre sumed to intend the natural and inevitable cons* 'lUtnoee of the acts whioh they wilfully perform, but unlese there be such an intention, the act cannot be more than manaleugbter. * * * * If the homicide had been perpetrated without an In tention to kill, it would be maaslaughter and no more, except in a siugle ca*e of its perpetration by oae ea ge#fd ia committing a felony But If perpetrated with an intetllon to kill, do matter how reeeut the provocation, or how high the pasalons, it waa murder A a act ot b->mloll* perpet rated with a {remediated design to effect death, though In he very heirht of passion, and springing from 1 even an dieting provocative. can Had no re*tia< place In our statute exeept under the deflnlttca of murder or justifiable homicide, and the Intention to kill bein? established there li no degree or deecriptlon of manslaughter la this etatute which oan embrace it - Such said Mr Clark, was the opinion of the pre siding Judge, as eound in law as It was eiegaat la lan guage la the prearnt case, he, therefore, contended there was ao premeditation; the prisoaer did net go to the Mere armed with a weapon for the purpose of taking Ufa. but In a dtunk-n state, he took up a wea pon Irrm the counter, and flung it without the inten tion of committin,; murder but merely to Inflict a blow. The truth is. 11 theie were the mea who composed that party go'.ng to ths store, they were druak - the} were on a d.unkea spree - they went out drunk ?spent the n'gbt drinking, and returned home more drunk, lie t hen alluded tc the de*n?rete character of - Butcher Rill" end " Kour flngured Dutch," who had redneed tb* unfortunate boy th? pile eer at the bar. from compsratlve lon'-cerce to misery and crime Counsel then went on to contend that there wae an ebcnce of malice on tbe part <>f the prisoner If* spoke first to the deceased ehen he * nlired the store, an I It was the response in allusion to the fotm?r' muse." ?' yeu got what you desetved " that made him glre the blow Ilad Domlnlck asked the perty to drink aad forget their former <|cetrel there woul I have been no oflence c tncrl'ed they did i.ot find the prisoner ru*hlag into ths stars seiiiuiia weapon. laHctirg th? lajary. and rushing away: If sueh had b?en the fa?t, ther- w?aid here been id appearance of awllce and premeditation The blow that kills whether it be meoelaughter er murder, **nd? the victim perhap* unprepared before his &l*ker; but tb* law. contemplating thelaflrml tie ? of poor erring human being*, aad la coapeeel^a for oar meay weekae-eee. makes a wide dlstiaetlo* , between theee nets. ivisisi; *i *eiew. On the reaeeembling of tbe court, Vr Olark con- | tinned hie addreae He said that the act, If committed | by tbe pri?on> r, wae committed wholly without del. be ret Ion. tbet hie reasoa wee overpowered bv drunken nese. which Is the most melancholy Insanity the", In tbe providenee of Oed. was ever permitted to derkea lbs mind of maa He contended at greet l?ng'h. that tbe deed. If comn<itted by the prisoner which he did not feel himself at liberty te concede wa? done u-d?r Erovocation, the r-eierk made by the deca?ed if It j ad been addressed to a sober man. would not have : caused reerntment, but with a dronkea, tbonghtiees i b"7 It w*e otherwise Mr. Clark thea com meet?d at greet leagthiead with much ability. upon tbe alleged t< rceaimert of the boy ia his mother s room, aad ad- I milled that the prisoner did seek the protection of his mother's heme when he learned thet the ofllcers were In pursuit ofblm. and thea aekrd, "And where should tbe fatherleee child bare gene, but t? the bumble bone cf hi* mother"" But It Is sal l that tbe mother followed therfflcere who bad bsr son in charge, yes, gentleman, she did she has folic ewd him here, en<l If yotir verd'et consigns him to the scaffold ehe will follow him there Poor Impoveriehed as ehe le. she I* the mnher etlll Twee algbt. te* ? e< Id end uocovered. *a?e by a thin warn garmett tbe relict of better and orlghter deyg long since peeeod she followed him ebleerieg and wretched The nreseontion Infer from this clreum s'anes unfavorably to the pel toner I ask where le tbe mother la Christendom that would not thwe have followed her only a-' u' The learned couesel then la sl'ted that the drunkenness of tbe prisoner wae proper t<> be taken Into consideration by tbe jury; although cot strictly a legal defence. It wee material to the ,|ue*. tion of malicious intent anil to the point whether the prisoner ectsd from nroveeatloa or from maligelty lie urged that the weight *?< thrown by the boy le e At of drankea phrenry. and la a heat of paaeloe ex cited by reel or Imeglnery insult Mr. Clark then eaid the pnblie prosecutor claim* the eoavietlon of the acrused for murder, oa the ground, ae he allege* tbet It Is nee***ary to check the ruflenism of the *ge | eoncede the prevalence of this eplrit to a meet disgraceful extent, but It le oae for which thl* bey la bv no mean* responsible. Kiemplee have been set h a by m*n In high places, by men wearing the garb end profeeeleg (be < beraeter of gentlemen, he mast have learned that members of Oongreee ooea slonally settle their dispute* upon the flooe of tbe Hen** by perronsl collisions, at tlmee rivalling In Ibelr eacouaters ti e feroelty end chleulrv of bull doge Ore Henator draw* a pistol upon aadher: aad for all such scenes which have rendered our Onngrwis a di'B-aco te the nation, theee men are etyled h nora blse Tn our own city, street ettark* have been of ron<mot> rccurreaee. and le it exfraordlnaty that thl* bov whbout "he leas* aaoral cr religion* <ul?iire or a |n"Wsc* rd^'^atlon. and whe he.1 received from hi* fatli?r no Inherltseee but tnfemperenne conceive^ 'lit the law of violence wn? Ibe lew of the land T>?e e?tl reqairee eorreetion b<i% the system of retormatlen ewght to be cflmmeneed <'pon lerger game than the prl ? r r>-r at the her Mr <|ta>k eft?eward? eald there *ee Mij coneolentione m ett who doubt the wte?lom and eg I edlsrcjr bl rapltal p*int*bm*et, while on the other heM on>ers eqnaUy -onsctentlons. regard it eg In ae cerdanre with the nrdlnanc <e of religion and emlnsnt [ roneerrstlve rf the eeane ant L,oe I order of eo ' ciet) . Ta prrsetff It, ths penUhm at af d*etk meat he n s-rveil for extreme ea?es of dear unequivocal, It t'n'lrnal murder Th* eonvlctlen ot t hi* boy would be ? landmark to th? hlstorj of our criminal juris prudence The court wbose strooi:~l*aninfS are now against 'ta prisoner f mean upon tha merit*, not ega'nat him personally- will, by and by, regret it; huiuaaity would mourn a murder perpetrated under tha sanction of law; and when the community learn, tt in! they do, that tbia boy wa? taken from hi* bona by grown aen. and filled with rum and ltd reeling from mm shop to rum shop. until frenzied and u ii cone clou*, in th* wild delirium of hi* in toxication. the blow waa stjuck which caused the death of th* deceased , tbey. too will oondemn the conviction, and will inquire how it could have beta that a boy of all teen the youngest of tbe Are wa* sacrificed tor the protection of tha reat ' Mr. Clatk then proceeded to argne that tha eat* cam* within ene of the decree* of manslaughter below th* ttrst degree, and said that a term of year* In the State pri son waa a sufficiently severe punishment for th* wrong tbia bey had done, and sever* enough to aatwer all th* end" of publlo justice or private revenge Mr Clark concluded a* follow* But th* (treat question ? gain recurs did this boy Intend to take that young man's Ufa I think tha truth and justioe of the oas* require that you should answer this question In th* negative. If. influenced by the *tr*ng adverse ruling* of th* court, you shail b* fnduoed to answer it other wlee, I very muoh fear that in after times th* question will recnr to you still unanswered Long after his body shall have mouldered away to dust, and his nams and his crime shall have been forgotten? long after th* scenes of the present trial shall have beoome

lost to th* memories of all hut yourselves? long after his broken hearted mother shall hav* wept her last sigb, the question will recur to you. " Did this hoy in tend to take that young man's life," and will still re main unanswered. It will obtrude upon your hours of retirement; it will break in upon the slumbers of night; It will come with the dawn of the morning, and I fear may disturb the otherwise unbroken har mony and bapplnee* ol your lives. But I will Indulge n no sncb anticipations of gloom, oonfldent that you id oat r*nder a verdict which ahall save him from a violent and antimelv death, and give him yet an op portunity in after life to attempt to repair the sad rains of his youth. Tbe District Attorney then roee and said? I am abent to demand a verdict at yo?r hands whioh is to sander tbe tie* that bind th* son to tbe parent, the brother to the sister, nnd n yonng man in the flower of his youth from farther connection with oar oemmon humanity I would Indeed be rejolosd to be enabled to ask a different conclusion to tbia painful drama, but I cannot The dictates of duty, a proper regard tot thoee social relations whiok have been so ruthlssaly severed in the person of the unfortunate deceased the violated m^jeety of the law, tba stern voloe o< justice, the Innocent blood which has been shsd, demand imperatively demand? the punishment of the man slayer You, gentlemen of the jury, and I. arc equally ministers of the law. The oath which binds you Is equally obligatory upon me I have no pride of suo oees to accomplish. In other fl*ld* I hav* striven, and oaa again strive, lor th* laurel wreaths of victory; but la a cane where life or liberty is at stake, I desire no other triumph than the trinmph of juatioe? of justice, tem Kd with mercy, if you please, but still of justice. If uld forget tbe duties I owe to society; if I could obliterate from my mind the oath I bare registered; if I could overlook the character ot tha testimony in this case; if I could shut my eyes to the results upon the commnnity at large, and especially the moral influence and effect of your verdict upon the assoolate* of th* B- oner I might h**itat* as to tbe path I am to I repeat I oannot. Tbe tainted atmosphere which we have breathed for the last three days re quires to be purlSed Look around you, and see tor yourselves who constitute th* bulk ot th* attendauta and spectators of this trial It is to them, as well as In behalf of the community, I desire your verdict to be addressed. The lightning whlok soathss and blasts tbe sturdy oak, and destroys tbe beings who hare sought refuge beneath Its branches, seems also to purify tbe atme*pberr of 1U impurities, tad re novate*. with now vigor the lUfunl ud oppressed energies of animal ??tare. 80 also la It with tba moral world. It rr quires purification, and if tha lightning of the law itrlkei down this priionar. it will *erv? also to purify tha moral atmosphere, and to r*?UMitat? 1U drooping ?nergiee. The learned Diatriot Attornsy then referred to the statates which define tha aaU that con stitute the crime of murder, and of manslaughter la it* various degree*. He stated, that 11 a man leave* a gun loaded, where a child oan reach it, and that daath ensues In cou*equenoe, he la guilty of maaalaughter In the fourth degrees *o In the oaae of the Twenty tint street oa'astrophs none of there etreumatauoss mret th? pretent caw. As to malice. Mr. Blunt traced down tbe clrcumhtanoe * of tha qukrrelfrom the 11th cf .1 an sa ry to tha auth, ? ben the deceased waa *rut by tha priaoner - unainilnted and unannealed," Into the pre aenee ol hi* Maker. Where lathe sudden pa*aton here? It I* tha malice atoreihought which eonvt'tutes tba crime of murder, that ia apparent throughout tha whole transaction Tha learned counsel, who laat ad die**ed tbe Jury with a leal and an ability whleh doaa honor to tbe piofeeslno, told them that there waa a dlsrrepency between the taetlmony of Sir Hunt and butcher bill, but thi* accomplice. If they oboo*e to oall blm so, tell* the itory of the transaction, which I* ocriobi rat ad In every word of tbe testimony of Mr Hunt That tbe prisoner 1* tha man who oommittted the aat, I* beyond any earthly perndvrnture. With rripeot to the evidence, he would say ht waa oblige 1 to aaek It, with the exception of the testimony of Mr. Hunt. fr< m tba vary lowrst dreg* of soolety; but It la well known thatevm thoae who are lo*t to virtue will not commit a deliberate perjury la tbe faoe of heaven But he did not a*k lor a conviction on tha unsupported, testimony of these wretched creature*, they have ben r< rt.l, orated In the essential character of tba evidenca by Mr. Hunt, a witne** of nnlmpeachel 1? Integrity. Having referred to tbe evIJeuoa of the j witnesses Mr. Blunt said ha had concealed nothing, be endeavored to bring It all before them, he felt la a ' pr-eitlon equally responsible with tha Jury, and they | mistake him much who think there is any feeling but that of compaesion In his breast or man. even in hit low aat estate He bad endeavored to discharge the ' duties which bad been Imposed apon him by the par- 1 tinllty of hla fellow cltieae and If be fait there w*s a doubt In the case, he would unhesitatingly tell them 1 so. but so far from doubt he would tell them in tha ! same solemn manner a* if be w?* a a worn juror on tba panel with them, however ptleful, In the ca?e of a youth like the prisoner that then* Is none As to the defrnrx of Intoileatlon far distant l>* the day when an Individual can pnt within hlm?e|f the pnisoa which steals away the settees, and ask fur lm|.uo!ty for tbe srti consequent upon bis own errors II- thii't be , t?ujit In th? language of a learned j udg", In another , country that there I* no Impunity for crime* com mitted wbll" under the influences of "that liquid 9rs wbl h steel* the conscience and dulls the moral ' sens# while It raises the (l<-siierate energies. the pow era and pa>elona of nun'' Mr Hlnnt concluded an 1 I able addresa by deetrlLgof tbe jury that there should j be uo compromise of ei 1 ae and that they would ran der a vaidlct whleh would teach the desperate and reckless a bar act era of the community. that an Am* < ? lean jury all! ever vindicate ths laws, and strike tar- | ?or Into tha hi arts of tbe reeklesa and the wicked Tie Judge, In commencing hi* address to the Jury, 1 said that eo matt subjects had been introduced la tba ! so? ree of the oW-rvatlons of the counsel, that be si ould alio'** to them before na wan' Into the nlrcam atane'* of tha case He referred more part icala-l ? to the one alluded to by the counsel of the prisoner that he (tbe Judge) was opposed to the infliction of capital punishment, though the n>un*?l Is light la that In- | stance jet tha Judge had no such eonacientloii* s rnples as wet* Insuperable in the p?rformsn;s of his dnty He was equally free to sat that this toavi -tioa had been awakened in bit mind, from the fact mat Juries ecnld not be Induced, eteept In vevy eitreme raees to render a verdict ct suilty. and ha there fore thought that It was far better that ths punish- < ment ef death should he abolished by tbe law than by tbe Jury In the Jury boi Here Is an aecnaa'.lon against the prison* r and the jury had uothioi; to do with the r?a?e.|u?U"e? they were sworn to decide this ! case acrrrdiag to the evidence, and they cannot, without violating their oaths, depart from their duty. 1 It Is thie departure trom duty it l? thia difficulty of procuring verdicts from jurors that has wrought In his (the judge a) mind, the necessity of tha abolltloaof ca pital punlahment by tbe Inw. rather than that it should he so badly administered as to lose Its terrors and lose Its tffeet. This he had deemed It necessary to say from what had fallen from the coanssl for tbe prl- , sonev, The Judge then alluded to the horrible de pravity whtoh tbl* eaae had broaght to the view of the eourt? pn fllgney, precocity, whoredom 1 drunksanese. thaft. homield?. and Immerality of every kind and form hare accompanied this yonag ?ran into this rwom end his women and companlona have given usthe most disgusting history of a moat de pravsd life; and tbe Jury must nave been shocked, as I the eourt has been, hy the details their aenaes meet have readied at the eihlbltloa of degradation la ' which tboee parties silsted. But while their feeliags 1 of boner would he aatumlly aroused at sticb a state of 1 thiags be deemed It his duty to guard against that feeling himself and to cautlea the jury against It f<tr they ere aot called upon to rev* age- ? Hevenge Is His, I sad He will repay " They were eel led oa to deal jus I ttce and aat to Indulge lu leveage. While he warned them not to Indulge in any Improper looting. It Is right that be should call upon them to be stem and rigid la eaferolng tbe law. All the circuoiataaees of the caee call upon them to administer the law flrmly While, en one hnnd. they were aot to Indulge In any feeling agalnet the unhappy man they were bound to set aa et ample to deter others from violating tba law and shedding human blood There ke one other tople whleh baa been urged hy the prisoner's noun*el and ?bat ia, that hy their verdiet they might glee a aerloas blew to tbe punishment of death ; bat what had the Jar* to do with that' They were slttlag there ae Jurara and not as legislature, aad while per sou* who are otherwise strongly opposed la the In fliction of tbe punishment of death ?et In judgment na capital cases he hoped It will he always feaad that they are ststo aad cense tenth ae la the performaaoe of their *ei* ma duties. Tbe killing In thi* caee has been well established There ate then two questions tor the consideration of tbe Jury sat Is by whom was that killing * If hy tba prisoner w'th whatlntent was It draa * The oouaael for the defense have raised tbe deaht that the prises* r was net the man (The Judge hete referred to the evidence of Mr Hunt and Pour flag* red Dutch ] If it waa aot 'be prisoner who Infllr ted tbe hlow that motning. where was be? Wbsre are hla witnesses to prove that he waa any where alar ' Tbe evidence of Hunt aud ' Four fingered Duteb" is tba mala s vldsace gotag to estahlleb that ths bkiw was glvsn hy ths prisoner; I hen the killing helnp established, of eonrae the prleoner Is reep'ueihle for tne h< miel<ie. aad what was ths quality of tbe aat ?as tot tfcejary t? ooasldtr. (.TM J idf? bdta re#?rt?4 to the denlelon in the case of Austin. ?? cited by Mr i Clark ) tndnrtbis taw. the question i*, ra there no , iatentioa to kill ' The couoeri make a very great ; mistake when they say that to establish the crime ot murder there n>o~t be dellberation?a premeditation; bat it ii no mattei wbsther the prisoner intended to kill b-fore hand, or on th? instant that be raised the w.ight; it la enough If on the very Instant be formed the design to kill Looking at the testimony they And pre vlous threat*, and hi* disposition to quarrel, and they would in<i uire whether-, hi* mind waa not in that atate to welcome death? to welcome the laat penalty ot the law (The Judge here reviewed other portioaa at the testimony ] It Is not neoessary that the prisoner did not intend to kill when he entered the atore, it la enough, If he formed the intention on the spot . The question ia what was the intention^ If a sen take a up a pistol and uaea It to strike, they might wall iafer that he did net Intend to kill; but It It Is loaded, and he Area It off at a parson, they must later that he In tended to taka Iff* So with this weight: If it was thrown at the nan's legs, they might Inter he did not Intend to take life; bat when It was aimed at the bead, what were thay to Infer, but that be Intended it to be tatal ? There ia no eontrition e?pres?ed, no compunction, no sorrow, no regret, no expression to show that what previously occurred was not intended. It the jury were satisfied that thera waa inten tion to kill when tba blow was given, it is aur dar; and it is Impossible to oonvertit Into anything else. Intoxication, Instead of baing an extenua tion of crime. Is an aggravation, from the very rea son that a nan places himself In the position which renders him liable to ceanmit an ontrage. there is a view in which It may extenuate. It may be that a man Is so drunk as not to be oapabls of farming any Intention ta commit a murder. Is that so In this case' Tba prisoner waa sober enough to go from on* store to another, and, In one instance, to eheat them out of the pay. far drink; If he was sober enough to do all these tclngs, the jury may well aak themselves the question, if he was not sober enough to do that with which he Is charged? If they were satlsBad that the prisoner was too drunk to form an intention to commit tha crime, then they may acquit him [Hers the court defined the lawj. Murder lsbomiolde with an Intention to kill. Manslaughter Is homicide with out an intention to kill It is upon the jury the re sporstblltty of the verdiot rest*. Taking thslaw as It was laid down by the oourt. they were to deoida upon the facts. Be had felt It his duty on this occasion, rcluo tantas be was at all times to intliet pain, to stato these views beoause he felt that he owed a duty to the psaoe and order of society, and that an t i ample was neces sary for the publie protection. The jury retired at a little after six o'clock, and . at the hour ot going to press, had not agroed. Til* t'HAKOEN AGAINST THI DRl'RYS? THE TORPKBO CASK. On the retirement of the jury In the foregoing rase, tba District Attorney said that, ia tbs matter of Samuel Drury, jun., indloted with Samuel Drury the elder, for an attempt to kill, commonly known as the torpedo case, be was set is A* <1 that It would be a waste of publio time to place blm on trial. The elder Drury had boen tried twloe for th<- offence. On the first o? eaalon tba jury did not agree; and on the second trial, he was acquitted. The evidence against the son is far lacs than that against the father, and one ot the witnessee has iett the oouatry; the ether is " gone to that bourne whence no traveller returns '' The District Attorney therefore entered a nolle proitqui In the case. The District Attorney also entsred a noUr pran/vi In the case against Samuel Drury the elder, oharged with the possession ot forged notes He had come to the oonclusion that, it any offence had been com mitted, It was in the eountj of K ings and. as there is an Indictment pending against blm thers for the same chargo. the time of this court ought not to be taken up with it. United States District Caart. DECISIONS By th? Hob. Judge Betts. Much 11.- Decisions in writing were rendered in the following omm: hfkrrt J. I'imrUtroter ri Jacti H Wnttrrtll ? Ths likeliest sued for damages to hit steam tag Margaret KemMe. occasioned by collision with the deponent s ?loop Novelty, la the Ka?t river Th? (loop wu at unhor off Jtotioi ferry on the Brooklyn side and m the tug wu passing up inslds ol her she wm in the act of being got unde r way, and either the anobor had been ju*t started or aba sheered upon bar oabla and ran into tha tug. doing the damages complained of lleid-That both veeeals ware In fault: that it wm lb* Jut; o( the Moop to have bad at bar brim a cm prtect man to prevent tha sheer, tf the anchor had not been movml. and if that wu tripped to have kept bar by h?r sail* mid rudder ort lb* tug ) ?ld aUo that the tog was In fault In attempting to go inrtde the aloop, by tha aet of April 12, 1848. ah* was bound to keep In tb* middle of th* river, and tbla Court *n torree tha observance ol the tltate law !u navigating State waters Ordered Aneiual apportionment of tbe lose between the UboUaat and reapoudent, and eaoh party to btar hi* own e?*ts $<nitvrl T. TxtiaU tntl ttktritl. Tkt Steatn/ma ! Hrrf ? Th* schooner owned by the libellants and tha iiraa fltro cstne In collision in tbv night tlms in tn* Bound. There was grant contradiction In the pleadinjs and proofs as to tb* I acts attending lha ocoiiireuoe. Held t>j the Court tbat tha fault ley with tha steamer. It was bar duty, under the circumstaaoes, te hare taken reasonable ???auras lo keep clear of the sckson ?r, and If the schooner rammlttrd a fatss movement in INHlMM |j the MHMM still th.1 steamer *>? to blame la pressing so cluse upon her, and must baar the NMSMMI, even if the wrung m"v> ment of the srhoanar at lha inatant before striking lad to the ool llslon Ordered a decree lor damages and costs Dmi id Af Lit e i>.tA t Scluw -r J.Wndrrson. ? The Moop Plantar, owned by tha liba'.laut. and tha schooner came In eclliaion in the day tin* on the North river, oppoaite V oaken. Th* vessels rf ere beat ing up lfce river, and mat on oppoaite tacks the schooner having tha starboard or prirtliged tack Held tbat tba rules ot maritime law apply to and gotern the navigation ot vessels on the North river, and cannot be controlled or varle t by local usagss or customs. Held, tbat tha sloop ww to tha windward of tbe schooner, and nauffluient dlntsnoe above her to have passed aafaly. and was not therefore bound to give way, and tbat tha schooner was bound to bold bar own course. or It rha altered It, to give way, where as by luffing, end running up Into th? wind, she had caused tba colilrlon. Order- d that a decree be entered ngatnat the aihenuer for daman** end costs linigt Marshall vt. (.Vie>/fj II AI?? ?AeW ? Tbs lloop ?Jttlu- oaned by tb* libelant. ?a? moored at tha and of Pl?r No. 10. Ka?t river Tha staara tug Oolialk, wilh tha tug liuncan 0 Pall had in tow tha hu.l of tb* ?tesmahip A'ctic pausing with h-r Irom Kutg*r? ?tr**t to the Novelty Work* The pilot oa board the Arctic bad ronjiuand nl both tags and wban approaching tba aloop ha ballad her to move out ot their way. and aent bar an order U> tbat effect, apprehending that th*re was net breadth tl chtnutl sufficient to allow tb*m to pa*e The ?Uop n<>t being moved eh* was struck and Injured by th* Oolinh In p a/sir g llaid. that tka ito llib not enempt from re?pi.i eib'ilty lor the la.ury by being under the crdare ot the pile t ol theArc'Ic. llaid also that the pilot bad no authority to order the flii p away fr?tn har mooting' and tbat the Oollah under bis charge muat b<-ar It* eaaaequence uf bn running her wtengfully through the pve-age and in junng atotfc. r veeeel I'eoree tor damages end coats Jnhi fan f'U ? ? ih> Slum H'iai ><ag? n ? Tbesiaatn boat ('laopai ra owc?d by tha linallant, aul tka Nia gara. earn* in o< liieton la th* Kast river. n*ar Coriaaa' llcck oa tke New York aide ol the rlv*r TkeNia gera was going up eloee In ehore ?td the Cl?)| atra * a* coming doan and aadeavoiiog to hold her eourae inrld* of the Niagaia Th? ro.lielon >ae prevtoaa te tb* State act of April 13 !?<*, raquirmg eteam v?sa*ls to kaap in the middle of tb* Kaat Rivar ll*ld. that by tha maritime law and b J tb* Revised Statu>a of tbe State whiah this Court enforces in reepeet to wa ters within the State steam boats meeting on opposite coure** eo as to be In dancr of cotllaloa. are eanh bound to keep aaay to tbe ruhl, and pass eaoh ath*r oa tbe starboard "Id* Hald. that tber* la na valid uaige c r euatom of ravlgatleg tbe Kaat river, which varle* the rule of law ordered a decree for damagne and <?< ?ta ia lavur ot th? llbellaat. JnSn II mn4 efAava, n?. T^it. //<saivf. ? H'tU rie C IKwiphnt -rn<t oihi i, ra. Jnhn H aat <!??/ ittAoa ? Thee* are eroa* aetlena growing out of th* collision of the erhooiiere Amelia sod Hanover, etf Hogg Island, on tb* i-oaat of Virginia. tw*aty mil?a tr< m t'apa llenry in th* alght tim*. and la a d*nea fog Tber* was a total loss ot t he a mella and b*r car go. sad tbe llhailaata au* tor th* valu*oftk* v**eel and tr eight as owaara thereof and aa baileee tor tbe owa ers ot tbe oarg?> ?be wee * ming ni rth oa a voyage to New Totk. with a lull eergo of grala he , Ivlng V>w la the water, the wind N . W.. of N. W. by W cloae hauled upon the wind, eteering N N K and ruaniog about ait knota tb* hour Th* llaaover was goiog to Ilampten Saada aad Kuhm' nl, lying high oat til water. In ballast sal with passengers aad was ate- ring S S W . the wlad abeam, or free She had a globe lamp euapeaded Is the miss*a ahrouds. ten or twelve feet from tbe deog or placed Bear tke companion way. aft. The Amelia carried a? liaht Ttr Amah* ??? th<- light b*fora aba] Dill* ??t th* Haiorrr aid put h*r bala? ban] tp but tba ttiwIiruK tof*tb*r ala?*?t Inataatlf Tb* flan i?? did net dfwrt tba Anvil* until bar howaprlt paaa ?d oaar bar aid* Ufa* atronk ttia Aa*lla. at*ia no. ? bout ial>1*hlpa Tha Amuli *ai ruania* about oil knata tba boar and tha Hano?*r mt?h ami a half or aljbt ktoti Karh ?mw| bad on* look out Matlonoil forward Tba fog ram* on *add*nly after sight fall. an4 It wa* prorad t tat fo?a la that r?aloa with ? Ilk* wind vara iianaUy only of ?ha?t dnratlna Thin ha*aa ! to brrak any h*tora th* two ?*???!? war* a*par*i?d attar tba mliutoa Tba aia*a of th* Ata*lla ??' at t h* h?l?t. tad la tba oolllalaa h? *ai knork?d o?*rboard and dro*a?d, A lan*aatuh<r ol r*aa?l? hat *all*d fri a lliaa'oi Rnadf tktitt lb* ?aai* tl?* wltb th* 1 Ami II* fount north and It known to th* t?a?t*r* ?f both ? ****!?. that tbla a ?ra*t thoron*hf?ra for roaatara tanning aorth aad aontb II aid that f*ia Amelia wan wot >a ta ait for not rarrrinc a light ?u? pended on hoard hnt tbat ah* dH not na* propar pro bation ta aat haing aappkied with a light *o plaod fotward that tba h>ob oat could rmblhit or wa?? It. oa I d< aoijlrg a ??e*< I approaching llald. tbat balb Vad .. wrr* gnUty of a'()l|*ri a Ml waat of p-op*r pro rantl< n la a?t wlna fog horaa. brlla. of otb*r mean* af notlM** M aaaada < th*r ??a*?l*af thalr ptal'lota llali tbat hnih ???? I* hat f*M*d ??lng prapar Wi laara In ti<+ hart** all land* on daafe 4urmf tha lat*a?a faiknaa* aiding la kaatiln* *a'ik aad |o?k oat H?ld lh?t ib" w?\g*t t.1 ??td*a-* I* 'h?? ??* n>a*t?i M i aa U?a<?*r wa* at #?d..ea, e? th* iwfc #?t l>?4 frivwji u U: collision, to hav* avoided the Amelia, it notpravoatei aeoiag her by the thick darknata Held that tk* mar tar and craw el the A mtlla wer* j unified la abaade i {aghwafter the oolllaloa Ordered that a referea. b* had in the llret aotlon (in rem), to aao*rtatath? .?????, . ?U,uu,d bv both part lea. bu' 'hat tha value afthe cargo U not to be iacludad I* tka eatimata, unlets the ownera thereof hare made them aa??aa nroperlv partie* to tha aotlon. aa at to be oea eluded by lt? decision. and that thera b? an aiaal aa portloDmect of tha lose between the llbollaato ail rlalmante Ileld that bo foundation In lav or teot la '"t^i#b?d ,or Hw oroia aotlon (.n ?v??n?m) >n<< that the libel therain be dlsmlatod with ooate. At J"'"' '* Tfnnmt RUfy ?The brlgaatlne Lady 5 ,*n<1 * u?hu*- towod by tha iteam tag ThVf, ^ Abbott, came in collision in thia harbor. in thVif. foooatlj eom# itom la| M(J Ulk#n4 adleMd .a ' w*,Un? ,or * berth By tha libsl It ia Ifimtxd .wMJ lbout betwaan Governor* ?h. Yorkahoro The answer aa aerie u"K tow""1 t h^f' .a " V?JLk ,1Je' "lth her bow. W ,,d t^, ,hh t?0r*' The wind wa? otroag M middle of the K a.trtTerltth\k.0 towing cable about flfteooVathom. out " WhT^aama ? w & |TSb.'S3.riu.bstv^uns!iu?,,s;.,3 doing damage Tha detance 1. tlat It wi owTagU i- ' It ?'? ???ogement of the tow, in not obey lag tha direction* of the tug. and following her trank I oe bound to do. Held that the tog. la the'ataJ. oUli wind and tldo. ond bar feeble power, attempted to crosa tha bow* of tha brig too aaar her; It waa the duty of the tag to hove kept the middle of the itnu and gone outeldtfoi the brig, or, if shs cama ladde, to hare gone so far from her aa aot to parmlt the drift of wind and tide to carry the tow agalaot her Hald, oa tha proofb, that the tow had boon properly otoerodaad managed and thafc^ waa oat of her power, la the po sition the waa plaaad by the tug, to avoid tha oolU alon Ordered a decree for the liboUaat for daum and coiti. and a rofiriioi to compute dinicvi Jiot.m T.mphfis . .. thr SUamS ont Dutch,,, and VlHtr. or Sunnmtnto ?The s'aamor plied aa a freight and aao fenger boat cn the Hudson river, between Now York and Poekifcili The libellaat it a merchant at the Mt ter place, and placed on tha boat a parrel of merohaa ai.,"i 5? transported from New York to PookaklU. Bhe left Now York at i P.M., and oa tba pa*aaga en countered a severe atonn of wind and aftorJriviM a^alnrtlt amlle or mora, into Tappaa bay, oa tha w?at aide of the rirer, ttUmpM to orooo ovir to the eut ?*a shore to mako a harbor. Tho rlvar woo varv rough, the bollera leaked ao at to tubdao aad aearir extinguish tho Are, aad tha boat labored laoffootaaMr in the trough ot tha aoa, tUl bar maohlaory got oat of ?? ..*? . WM obliged toanohor. The itorm caa tlnuod during that night, and tke tuccaodlag day aa4 night, tho boat romaiaiag at anchor natll aha tank oa the oooond night, aad tho good, of tha liboUaat wara lost thereby. Evidence wat tlvan by tba llhMlaat trading to .bow that tba boat wao inaiaolanUn.E! ued aad equipped, and ibat opening, left la bar ilh for tha dlaoharga of aahea and for watar ainoo. occasioned hat fllUag and linking Tho wind! thengh of unamal ae verity and duratioa, waa not ao violent at to pravaat steamboat* navi gating up ?ad down tho rlvor daring tho time, al though it earn freight boats generally m vie kir bor without venturing Into tha baya. Htld, that tha boat waa a oomaoa carrier aad ouhieot to tho common law reapoaalblllty of a oommon oarrior. tho goods aot having been received uadar a bill ofladiac. or contraot limiting that liability. Hald alao, that aa oommon oarrler ahe it released from liability oaly by inevitable acoideat, termed In law '? tha aot of 8oC" and that tha legal acceptation of -an act of God," la thii relation, la aa oooaireaea ot auddea and avtt powering vlolonoe. which coull not bo imirded avoided by humaa preoautloa or faroo. Hold, that a atcrm of wlad at aoa or oa aavtgaMo watera. ao severe aa to reader It dlfllaalt or baiardoi far a ateamboat to navigate, and ia wblob tha oarwo 1 or the voioel 1a Injured or deatroyeg, la aot an aool. dent ot that eharaoter wblob dUcbargao tho oarrior from hla responalbllity, aad amounta to no mora thaa a peril ol the a?a, or daager ol aavigatioa Held. U 'team boat carrying freight, witboat a ooatoaot limiting her liability, ia not exoaaed lor loiaoa ooea plon^d by penlc ot tho or dtogeri of DiflcitlM, wl?ii thoy do not a'ao oaount to tho aot of 0*4." in its legal lento. Held also, that, upon tho nroofi la ^ c^?' tller,1WM want ot that preoaatioa, akin, and diligence In the fitment or the boat aad bar management during the atorm. which take away hag protection, If her deatructlon had beea owing to tha aot of God Ordered, a decree fer tha valne of tho goods loot, with six per oeat iatereit, from tho time tho boat sunk, and ooota to b? taxed. Theatrical and Mualaal. Br- IT Th, ATM -This .vening Mr K Kddy. tha young and popular Amrrtonn tragedian, will appear n the character ol "Cardinal Ki.-helleu " The other ? w''' be filled by all the talented member* ot the etook company Miss Wrm tee will sustain the cbaractar ol Julla deMortemar; aud Mitt 8 Draiajaa >ranooi? ! a addition to this very attractive pleoo, Bhakspi-are i beautiful "Oomrdy of Krrors' will alM be presented with an txoallrnt cast No donbt a larro w'Ii.vl#,t th# B"*ery, this evening to aee Mr Kddy la the groa teharaoter of Kiohelieu. To'n',U -The great Irish comediaa and ? ocatl lit. Mr. Collmt, app**?re this **renin g. ia the aVd'a^lI irf*0Wi<r0 11!"' K'nt ' " Mor*?" Rattler, and will sing 'Drink l>eep my Boyj,'1 ' What N|wht eo Long KOd his inimiUble song of Widow Ma ?hr*# ? I'* wUl next appear in the Happy Maa " ao Paddy Murphy, and will slag the B?ld ftofgier Bar ? ond tho Birth of Bt. Patrick.' CoUlas haa bow^L entire field to hlmeelf as he is now without a rival la delineations of Irian charmrtrro He Is every Bight ro oeived with enthoaiaotic rhreriag The performaaooa ccacludo with the b> autllul comedy of "All That Otlt t?*re Is not Uold " Th!? piece should b>- seea by everr r*t y lBstructivo, and hat a fine moral tea deary -SiLVV amusements which are givoa at thtM fasbionable reeort, are such an will romaaa4 large aaaemblagee every evening The flret feature la the programme iaaFreach vaudavlllo entitled "La Plole de Ca^lioetro " with M ile relic* who U a iplea 2.nAm?"a^d MPrar aal-e Baron Butania 4e Uurvllle Bhe ? ill be aeaieted by M . Braialaai aad M H'can in the principal cba. acten Thtiwll! be loilewe? by the beautiful ballet ot "illeello, ? which will la triHluce tboaa charming Terp.ichoreaa actresaas. tho ltoueeet hamllv They ar<- every alghi rewarded ter cheering by tha most outhatiaotio B n??'? THurnr \ most afraotive entovtala mett Is Ofieral for this evening Hurt on In hit iaiml fable character of Mi<awb?r, Itlake aa Uobriel Laotar ?*,, j0hnrt0B M L'rUh u*op. with Mrt But tell. Mrs. Bkerrett and Mrs. Hughei. The entertain menu will oommeno with the comedy of "A Short B-gaandaMerry One" Mrt llolmau will sing oao < f brr plaintive ballads and the orchestra will siev several oiertures The whole will con-lade with Uo fan i us cranio ot l^avld Copper ' el, : wl : S a pa werful oast Need we eay that the perf^rman-o giro oat lafactioa. All kaow It will. . a'.7'" *t.*' lh' ?*w national meio drama, entitled Harry Huraham ? whioh It drawing largo auoienrea every evening will com as 100 the perform anees Thia piece has been spoken ol ia the highaot trims of praise, as to the excelleat meaner la whleU it ha a been plaeed on tha sta^e Thia will be fe* lowed by the farra of ? Allow Me tn Apologise '? Dartac the evening Miss Malvlaa will dance a new aatioaij me.lly and all will terminate with the farse ot a " Uav I la I am ??,U tho fiae actr*a Mit. Uathaway >a fieo character*. ' llaot '*mam s Lvch m Notblagraaexaeed tbeeatha , siarm wltb which the performances at this bsaatlfad | aad popular place ol smueement go eff nightly Tho ? company la oae of the>eryb*st. boing espeoially lao | In tie l. male depenmeat consisting of Mro Veraoa i Mro Blaka. Mrs Brougham Miss Mary Taylor. Mfcm hate Horn Miae .lalia ilcald. Mills Duoy Barvo, aot fc mention the rrowds of lesser laminarloa Tha otsra ?! Jh* *mba*adrees ? was gloriously raalered last night together with the aew aad greatly suneaoMol V."!." , f ' To >l*ht ^ ???olloat cam* di>tta rl I adlee Braaro.' with the aew burleeaae growing more racy every nlgbt end that astoatahlM bit sf acting, ? My Friend Jack," auffloieat te fill th I bouse to it* ufmo't capacity ( Mnsyv s Minsrast.<. ? The aoinsemonte given alght 1] I . at thit old and popular eeUbllshment ore ae otaal. of a very attractive character staging daaring aad Inetrnmental performance*, with boautiful burtoaoaa Opera Irenes. Pillow's Mi?sis?i s ? The same delightful aagva i m? loii lee, laftrumental performances and daaedag. with Oo| os oa the violin byDonalker. aad Tyralaaa eoi g? by L'hrtstao A great bill to aight, cnilotiag of every feafur* of a*gm dellaeatioas "is Yoes Ciii ? s.? The surprising foaU Of Juno h Co s ts'n's<1 r>esr. ot the A m ph II beat re an of a m<st pi>asiog and effectlv* naturo. and ofered tho u'most sallifactiea fo tb* large aad respectable aadi *n..? ?h? arc oijttitl? attraotaa to uta 1 Tbla ???nloj ? bill of fr??t attiaotlra powar l? pra m ntad, Inrliidlaf two avparb mU of harMaaaahlp by Mad'Ua Tnurolalra, aad a (fat rarlaty of n^oNtrlM aad tvainaatlr *crrcl*M ia wbieh tha aatkra oaapaay ? ill appear ' hM' oi-v CnnHj hrni Irtat. ?i4 tba moral I* ilraaa arc lb* ordar of tfca da? ?t tbla ?la*aat plara of laally ?nt?rt*la??at Vi.i?l?in.' " in "till ?? attraotlva aa >?w Laat Mb? th? aalooa ?u ttllad ta tta utaiaat oapaaltf, aa4 tbla anparb. Moral pl??a vaa tyaautllall* p?rforaia4 Mva rhapmaa aa Ma<t?lalna ia oarUlafy won4**fM Ch? la a i?n aotraaa aad la tbla Bart abiaaa fftouonal* Mr Clatka aa n*rtraad l( aatoalahlaaV natural Ha la a rarafnl aa wall aa a atrlklag a-to*. aa<1 ?? Bra (lad la a#? la about ta ba boaor.d with a r< Dietary b?B.?t, Tha aft.raooa parformanaaa ata ?ip?n??t Pt*oa?Mt ?? latLoa Tbia baaatlfal patn'iaa ia attracting of faahlnaabla audlaaoa* at tba Hlaarva Rnona P**?b*ma fti tut Fnnmi'i r?i(v mm -Crnrti a??anibla at Waablo|t?a !l?'.l t? tbla tra?r taatrtirtlra patatlBR Ma l.iwr tha ?*ra11???t %'tar, ?U1 ha?a a baaait '? Saturday araalbg aaat. Ha d??rrraa la bara a batuprr hiaa 1>arapnort la pla}in? ht "ba TbMant atraa* ?fc--alra rbilaialft^ a tun T|.?a?*? la a* M?Nl? fcaoaiaa Aa? BlaiiOp l? *4 W1? M ???? *??4, f|.

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