Newspaper of The New York Herald, February 22, 1858, Page 1

Newspaper of The New York Herald dated February 22, 1858 Page 1
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TH WHOLE NO. 7843. cmb a m morons. Ctoww of um February Term?Vlgeroee Bfr Arts for the Suppression of Crime?Santoneee. fbr Vartouo OAnma-lMton to <4-.i>uih Indictments against Cite Alleged Folicy Dealers, die., &c. C'Ol'KT or OKNaBAL SKS8ION8. Before Recorder Bernard. Feb. 20.?This being the last day ?f the February term, a large number of priwui-r* who pleaded guilty, or were convr*ted of various offences, were sentenced. Tbe coart reon was crowded to eicess, and the proceedinga, which we-e unusually in resting this morning, were listened to wnh great attention, and, no doubt, at the adjournment the crowded auditory left the building convinced that the Jndgos of this criminal court were determined to use the Unoat exertions to suppress crime in this city. Mayor TUitnaoa occupied a seat on the bench with his Ilonor, and r rwiued tlU all ttio esses were disposed of. rhe buainers-of the dHy was conitn-ucud in the case of tuk ,.llk(ie3 policy skllek8. Ex Recorder Smith said he appeared as counsel for Iliny Wh>le, tD-Iioted for obtain log money under false pretences; sr.. proposed, on a motion to quash the indictrnetu, to submit bis points in writing "tire Amur-taut nistrlol A"irnoy said thai unless his Honor's decision should be ..iveree, he proposed, m swu as possible, to bring the matter to somo final termioat an. E* Recorder Smith added that a cumber of his clients sTm. ? >? (tirrx-n-d Li auoear tills mcrnlns wore now In Court; and to the cmcs of '.be people against 3ecor, Wl- 1 Ileum, TU e, Martin an 1 Krod. charged with violating tnc lottery lawt, he jwopoeed to lake the same .louree with Ttpitsd to all of them, namely?file the demurrers and serve c? tea of hie joints to the District Attorney au<l to the Owl Mr. Sedgwick remarked that it was extremely deeirable ! In these cases that the law should be enforced. There j wouiu be an argument on ?otne of the indictments against alleged ]*?licy sellers in the &rt?ino.iD, as counsel for some if the defendants was ready to proceed. The Recorder stated that counsel must submit his points be'nre Friday next, which bo agreed to do. The arraignment of prisoners was toon proceeded wuh, when the first defendant was placed at tho Dor. AfcHAULT AND DAITKHY. Thomas H Ferris pleaded guilty to an assault and battery on VVm P. McGortsi''k His Honor, In passing sentence. said that a number ot sttldavito ji mitigation of pun.htuuvni .vcre ofl'ored H seemed from the evidence that the complainant mud very .naultiug uo-l tantalizing language ; but no words, however provoking they might he. were an excuse tor the commission of an assault Mr Ferris was fined fiV5, which ho paid to the CVrk, and !?ft the Court Nicholas t'osunaud Dartholoruew O'Connor, convicted of an assault and battery on a member of the finance comto it tee of one of the iierties at the late election. A gang of persons went up to himanu asaod him for some money: Nut it soemca that the ringleader was convicted and sent to the periteutiary for ooe year Aifldavite were presented, showing that the defendants had excellent characters Although there core extenuating circumstance* in tb.e rase, yet a h-c.ich of the public peace was made which warranted the Ocurt to punish them. Cowan WM linen ana voum>r ?i.>, auu uum were ouiuiuiuou until they were able to furnish the money. A NOTOHIOrH DI?OBnRl.T HOI'SKKItKrRll. Mary Waters, who pleaded guilty to keeping a disorderly bouse, was tern placeu at the bur for sentence. She who dresstd in a flashy manner and attracted considerabl* atten'.ioo, inasmuch as she is a notorious character, as w: il be ttrn by tk? Recorder's observations to her. lit paisleg sentence he spoke as follows ? Fur a nunjber uf years past you have been leading a life of lmni rality and Infamy During that time you have been the cause of roiu to numbers of young men aod women Several attempts have heretot'urc been made to cause you to cease your nefarious business: you bavo gone on regardless of the laws in force againm your cue ouct. for so long a time that the citizens of the ward where yon lite began to despair of ever obtaining redrest ?jnrrgment has once before boon suspended on you. upon promise of reformation ? tnat reformation, however, extended only, it teems, to your removal lrom the home you -ben occupied, to one dtre<-il/ serosa the street. From ail I can learn of >our antecedents. I am suthtied it would obiy te trnung with jusl'ce t? ?|a>u discharge you, no matter how strong your professions of amendment may he. The community expect and demand that the law^ shall be BL-.ctiy atxl innwrtiatly carried out. .As there seems to be Very err<>neoiia uleac on the subject of keep, leg a disorderly house, prevailing among ah cia-ses, I lectL this a (Hting occasion to ay that the being engaged ... ^?. .? h.Ki.?,n .? w _ .laaf,,e r.imnLiiift a' i r? r? sHvaa m *r ? iui??uu.v??w.. r ? your oonvn tit'u. have boon made from every partof t..e *\rJ ycu IKK' n, to wirent tin* Court, by 1U acti n, fruit -bowift -uy leniency wt-raby you ran again otleud mju aui.oy me morality of t|*< ittton* And although, m nu.iu;:g up ray judgment, an a gen?i*t Hong. I 'hi?ll not tie i,..r? y governed by any ont-. ilo it,:: jes.-e mi to good or bad harm p r, yet here?a? your cout.->| h.i* shown your good lie. icier id t your cessation of tne torineei? ' ^L'ii believe it. n Tii' r taat the promise* yuu have itia'' may b -shown tt he meaningless and untrue. rro -tun Uoe of the Court, the. efo'e, is that ?OU li* o-0t t 1 I tie S'.E'.ii ut ary f' t x month* and pay a Oho of gV.Y Charles I.i'o't pinadnd guilt) to au assault am! bat'ery on a man named donee, ani ou tlued Ifc'a Honor - ? iig tha' it va* id ev ' *nre that the coaiphi uant wxs lb. aggrw-e >r, whde ot r w t.i*itse* contra P.ctcd that statement. GRAND 1. ARC SKY. H f'nian, a very re>j>e. table looking ma ), pioadoj , i 'y to an attempt at grand lareny. Tt-u Court *n seaItuu.'eg him Mid that greateff'lie had beer mail* uitf a- n "I I idgn -lit, but li- did - t hi* duly to do so. It wn? an unpleaaaot ta*k for h.m to pe'iorm lu jmsemg sentence, btiu.u',r hie pircoL- and u . were of the highest respectability :n tne city and iio 'v iii >.' .? Y<uk. Vhe prisoner an.- amply pro..del f..r and be had every .ippoatunuy to he.ou.e au honor bleaad ornamental tc mber of .* viety In iccordiaoe a th a hat hut Honor deemed tbe intcre't- ,f the com it iti'ty retju'red, ho sent IhdTVuan to the state prwu j ear- and three months "tmniasRiey pleaded guilty to petit lareooy, and ?ros ot to tbc Penitentiary for four monib?, h? being in ..rtu ii that if be ever stole a cent in future he would bo eiit to the Stat- pri-o n AMAPLT AND BATTKRY. Horace Water*, the mimic publisher In Rroadwajr, whs ailed to th? bar, havir g boo fouiid guilty of an assault n Mary t. V. : rrmon Hi" entei.ee <>j U)? Court war that Mr W. |iay a line of f 25. ar.2 ?taml eomm lUrl until aticb line I* paid. A FkLOMOt e AM4Al'f.r. David Mendlehauni, mulcted for an assault with intent to k II, plnaded go Itv to a cmplo assiult and bawry, wh'rti plea waa at e|?ted by tlie pr-.rout.ng oilier. Th, Itect.rdrr in pa* ng -.utense, rai 1 ihit too pant 'iff o' Ibe defer.- ut, apjieai int nlitapl gr at r< ?;? . tab :v. w.o. ci -.en a en trarwr th it it w -t.iti be mprouent to eiercme ai.y 1- n ty to blm. Nor were U ei? any nel.ga.iiig c.r. in -tui. ot! *r than the vrrdlr.t oi the jury to entitle h.m to rieir.rnry. Appl rations had h" t> made by a gre*i inuu'T of j?T?'>n-, wn li ??? batt te d to attentively. tint they dnl not alter the opinion bie llr.tor lormr.l during tb trial. Tttc Recorder turthcr natc t that the dnenuant had been enpagod n a ne ir-ouj toi- lie** b>r a '"eg numt-of .,f year*, th.- lop.ire ?t,.n A aa? ted n?ce?~ary for bun lo rnler to more pa' i ular y. Ilia Honor would take orcMiaa to cth ct a cee?u on of that tuinti"* tor r 'tne tima, so thai the cooirTrdm'.y c-mU li? pr?ie< ted at leaat for a brief periol lie aent M?ndl?bai m m the ren:tent:ar> lor *at mot;urn. are: hm-a u.jj I Jot), the extreme penalty wbn b the '.aw alio** I ORANH t-Ane'K.NY. Reniatnin Tbotn|?on, a well dreeaed and .nlajllgeat v'nirli-i.man. Dleauod rudtv to .in attrmut at fraud <ar OBD) . Toe priaone'made a lengthy alemeat to the fin. rt, art re n n that he araa rtrmit at the time ha <> 'imlfj the i',and that be purloined ln? employer urop -riy r.?r ..... i -? - i.g n. n-y enough l'> i aa?n in i,ne of the 1 -ri i-eati teamen, Ir.uoio.g, on hi* arrive: in Sin iheld. England, to refund it to a brother of h.- employer, m-r> bent, .u that ity Die Recorder .aid that there waa great method >n rti. |n? fl.-r'* .'r.iiikeone'a, f<-r b?'k h earl I I .( uaiie from the *l"r. d' fm employer, ruined M *-hi and carred Ut> an auctioneer'a latab.. sbment. going the n?*t tay for the purpose of gettiug the return* K hi* Honor allowed hltn to tip, ape in thia , aae, >t w.>.1,1 only be ? ground ..| inipiiMly to huinln da <d < i rka Ilie , (ty of Now York, who would Bteal with greater freedom w her> a? if the dr; u ant were pig. she I. an I t al.-mld Ire aaderrt -i'J in Una ?ity that eitiployaa were eapected to remaoi '."neat all the tini", salutary re?irnnt ai?ir! I>? ei. ri .1 v'i "Itog mwi and prevent ;i iron .-. oi o H r,g |ejee.?A.,Miw lie #a? pent to IP - <t it. pr ?on i,,r tw > year* and lite month*. I I- ni, M*"hiin ?nd Edward IViyle, ynu.h*, pleaded gu,lty to lar "tiy Itayle waa w?-nt l.t the d iiet ore. whtl< Meihar. waa flit to Hlarkwotl t Mend for si* months. a ni.tiNMi a aaaatrLT. Johanna Beget, wno wet convkued of an a<<at]t and batu py , w*? a. nt to the pentt. nttary for ? t month* the ourl in thia oaae remarked that It waa abaolutely II ' i?r> ill,il IIO 11-e >1 the kiide slinji.l b? , 'i . feeu i,i tl 1 ty of New York. I art < - whtlrivr o n .?d I..I e.ori oia ??a?iilt? Wi re very ?e|,lorn i-iuo I'te I o the pr ru pal ?hei|,e. the ver llrt h"ov a a it and hit ory" merely Thia waa .wmg I ft the m,;s,i?p tv of ol in ti.ng the requisite proof. nmnidy. tin' l ie i tl leleiidaiit slabbed the . nqotilaiuant h > o i?u l t i 'l him. Hie lli o r w old -h >w no merry ah n *'i'.h iar tn were brought 1 . r,,rr |,ioi f. , aenten toil * ... ,.| m poae ihe tktrrn.e penalty of the |>f, It Wki MfofWHII I ( *1 IM |irl*onar'? famiiT retail >n* ?rrr? MM !i M " > tia.l I..-n rr|.n ? i.u J? (hat * family war.- i n i, -ii 1i?f !Iioir ni.ji^.ri l> 'I :m' ?iii .mi. '< , >? I 1 '.irv ui.hi!?t hi or in in -i ? ! t dti inl . taken into < ina i|pr?iu>n by th'' * ' "i U mv ' i.. n of * num. >, tbin court w.,uM ha t .ir-i >1 til" * |.:s i in ?t.?> ?? ! Wr? h. l'l w. i 1 ?-., / juii e * mi'l ??'* "ut unwMppad from th.i .to.tr* Thou II #?'i *? ronvlcfail of inMutt, an ) a* the It I i.'1 I 1(1*1 h? <%' ??*.t m.l'l. t?. It.VII \ i, A * . ; l.i. I *1" at-'1 ? n ,l. I.it r.onil" *** <"iti'l *uilty ..( an ag^ravat" I an I ?tl, ri ! ' n.ini't. <1 ... Vi.-.i -i la^i, ?r? It:. 1 ' t I-It.. I"* I'"1 'lay* aifl "1- I*". It ...or,... Ilia* ll. t"| ' i.Miit Mlh- !.>miin al- t rf i;,a , ( ..('el by ?b' .l. 't n lata, a.' , tt,o , ? I ... I I . ' > '.I * ,. ;.r ... 1 I ..| til." I Vital ?I".| "1 ht? ?ye rb . r ) ttn. il.l."l the R.'t. r.far mi Naw Y >m, mu-' ha .-i.e. l .I 'at: I o loot Mlf*. beTP *>e th- xk>?l, ami I ii;. E NE' 3 tend, If I can, to make the walking of ibe streets u peace- ; able aa Lbe walking of one's own bona* would be. rOMDT. Jobs W. Par amor e, Indicted for forging a check, pleaded guilty to forgery in the fourth degree. Hia Honor was informed that the defendant waa the eon of a wealthy Virginia planter, and if judgment were suspended, a number or hie friends who were in Court would seethtl be returned to hw native Slate early in tho week. The District Attorney deeming that the ends of justice would toe as well subserved by pureeing that course, on confer ring with his Honor, the judgment was suspended. The ! defendant was informed that if ever he was found in this ] city or Bute again, he would be arrested and sent to the trng Sing prison. I Jeremiah Flynn, a youth, eonrctei of burglary in the Uiir.1 degree, waa brought up, when he handed a letter enclosed In an envelope to his Honor, who,alter reading it, said ne was convinced that if the culprit had chosen an honest course he might have been a very respectable member ot society. The letter w*b written with feeling and showed that he was intelligent, but the Court could see no teuton why judgment should tie suspended He was found guilty of breaking into a store and stealing a quantity cf boots and shoes, a pair or the stolen boots being on his feet at the time of his arrest Although the testimony was rather sngbt against the prisoner, yet it was greatly strengthened when the character of his aseo Chin was taken into consideration. Four of hiB intimate acquaintances had been tried in tne Sessions and furnish etl a residence at Sing Sing within the last six weeks. Tneir rendezvous was a place where abandonod females and bad won were in the bablt of assembling, and the police c.Ulcers stated mat Fly nn was in the habit of aasocia ting with thorn. The penning of this letter, observed his Honor, has saved you from the degradation of mearceratinn in the Statu prison, and I will send you |o the pouiVen(i*ry for two years. Wo subjoin tho letter to show that If thousands of the youth of our uily had the chanoe and were removed from vicious associations, they could become respectable citizens ? lkttjr of a yol'no busulab. New York, Feb 10.1868. To RrcoKDkK Barsukh, Esq.?This is my first offence. I did not have any hand in the burglary. I was taken in the wrong. 1 would sooner go on a man of war for ten year-- than serve lor six mom lis in prison. If you coutd possibly grant me tho favor of sending me there, I would l?e very thankful to you. My mother is willing for me to do so. H would bo a support to my rmther and brother and sister; 1 am the only support sno has got I was going through Thirty sixth when I met this boy Forioster. lie asked if 1 wanted to buy a pair of shoes; I told him yes. TTe asked me to go up into his house with him, to fee item I bad use shoes en about nfteen minutes, when two police meD came in and U>ok us out. My mother gave me money to buy a pair in the store; Instcai of that I bought them of this boy. If I had known be stole the shoes 1 would not have bought them of him, to bring me ;n thus trouble. I am your obedient servant, JEREMIAH EI.YNN. EKCKTVTNO STOLEN OOODS. Jacques Mocnais, who pleaded guilty to receiving stilen gouds, v?aa runt to the penitentiary for two years and two months Recorder Barnard said that with the exception of the crimen of tnuruer and arson, be was of the opinion that no Gilt rioo var more heinous than the crime of receiving stolen goods; ior the receiver employed a number of i youths to commit larcenies, who invariably were the victims, while the cause of their ruin escaped with flying colors ami pursued his nefarious business unmolested. In that case there were a groat many mitigating circum: stances, aad it was proved that tho prisoner was not a profees-onal receiver. Mary Forbes plea led guilty to an attempt at grand lar oeny, and was sc nt to the stato prison for two years and [ two months. "I am ratisflod," said Mary, as sbo left the bar "And eo am I," responded the Juuge. Elizabeth Crawford pleaded guilty to forgery in the fourth degree, in attempting to fW a M counterfeit bill on the John Hancock hank. Aa she appeared to be an ignoruut woman, the Recorder thought she would be punished sufficiently by rending her to tho penitentiary tor trc year, "these forgors ot bank lulls," said his Honor, "use this class of persons to flood the city with counterfeit money." Rin. John Murphy, who was tried yesterday for rape on Catharine Ragiey, and conTictcd of an assault and bat tery. was tbe last prisoner placed at the bar. ft appeared from the eriuenco adduced on tne trial that the prisoner, together with a number of other boys, soduced her when but a mere child, and mcc then (to use the language of the presiding Judge) she must have gone totally astray." chic of the will esses for the defence had the audacity to say that he and the defendant had criminal intercourse with the girl on previous occasions. It appeared from her ptatement of lb.* rase that Murphy dragged her into mii nivn k?t aihI v tolAUtl her imtmid hv force* and turainRt ber * ill. H<- was sent to the Peaiteutiary for six months ml tio? <1 $60. Thus terminates snothrr chapter in the history of crime In tit h metropolis. the perusal of which * ill show that a iarg" majority of Ui3 criminal* ari signed at the bar of this t'outt are mere boys, who,from the corrupt ami dehas'iic influence* with which they are surrounded, cxh-V.it a precoetSy ?f truly to < rood as ihc prisoner* were all sentenced the Mayor, who had he-n a silent but interested spectator, took his departure MOTION TO (ffASH TUB INDICTMENTS AGAINST THB ALLBGjfD I.OTrKitY POLICY UKAI.EHH. roil use: for Jaroli Uoargc* then raid he roue lor the purpose of making *n application to uuasli an indictment tiled in th'it court on the i-th of February, against bit client That application would ath clother partie , although the motion for the purpeses of that occasion was only Md* >u ih. ease ef tlie 1'oopU VS. Bnargc? It would be conceded on tins part of the prosecution, said the counsel, that the dcfenMnt had no selection of the tribunal before which tic would be tried bil l if the law of |SAS with wbu h the Court was ti'Tiixtly familiar, giving exclusive Jnrt-dict'cu of misdemeanor* t" the Court of Npecial Sosstons. (unless on m rtaiu erosion-,) war constitutional? w bh h it hod been held, he Is lleved, by this Court not to b< ?then, of coursi , the juri. diction of thin Court was over The u< lenJant wa, arrested under a warrant issued by his Honor the Mayor, for an alleged violation of the statute against the vending of lottery |olk-e?. When art. -ud ami brought beu.ru the Mayor, ho did not elect to lie tred by th e Court Uoiibr. I then submitted the following points in support of bis motion, n mark ing tua-. bis first point would be simitar to one prow-nled two years ago, on a motion to ipuwb Dils-'m. tits for gambling ? corsspt nm m* ukcssihst'S VOIVTS. 1. ? The'.d section of the law of is..I, as amended, U imperative, for the mason* urged by me in the People vs. b Mail The rcasoni! arc as follow." ? Tin' most panel feature of iliu law is the sooond section, tind this, in uiy Judgment, Is luoperative. it provides l!.fat fr.i lltji i niiiin,. ..n.ii i if III.- i .(Tinii<i>ii? aiMUtiflnil its it Its eases of conviction ollioilrrs " Khali be -sentenced to not !< -* limn ten -laja <> (lie p*-(iiU;utiary, or not more than two years hard labor in he stale prison, and l*-lined," He.. In noa.untie- of thst stab- but New York, Albany and troondsga are there auch prisons as penitentiaries In the City ana county of New York thus proton is under the rocUol of th<- fiovemor* of Use Altr.*hou*? (law* of New Yotk. ltMU. 387); and in Albany and unondaga, under the control of the Supei vtcors of the Oounty. flaw* of New York. 1M7,110-172; laws of New Ysrk. 1850. TS6 737.) In ail other counties lite prison answering to the penitentiary ta the "county tail," which is under the control of the cherilT. These jails are designated a? county print na. (lew* of New York, 1M7, Mta ) In the caeenf the Albany j-en'tcntiary, it te provlcei (lawn of New York, 1817,170177.) that by nrrat geir -et ?. ith the ihipervlrora of the county, prisoners rontr-t teo of offeocee lee* than felony mAj he rot to It from R* oneelaer. Saratoga, Vliene-ta ly, ' Jtchohanc. s.rcene and Columbia rounttea. In the cane of tin-Onondaga penitentiary (Law* of New York, i860, 734737,) itprovided that, by aiiuiler arrangement, Kimliar cocviit* l.iay be anat to it from Oswego, Jefferson, Oneida, Mud-*"!-, Portland, Cayuga and Wayne counties. Suppose a (>er*on to he indit te?1 and rimvl.ited under tbie law In ipicrns. or orange. or I'uicbcaa county, or any other county where there it no penitentiary, or no arrangement IrgaliMtl hy slirh oaoshda may he -ent from it to the fan trnuary ot any other county, and the (hurt *hotild not ihink tt a cane deserving the state prison?the individual must 1-e Imprisoned (en d*ya *t hard lala-r (at any ra(e) in the pcniientiary?where la be to he sent- Will tt he ask" to the "county prison," as answering to the pemten llaryt That ie violating the great rule of r?n*trne||on by which penal statutes ate routined. It would he equivalent to patting the won'a "county prisons" into the second sec (ion ?>f the law?which it a direct addition toH. As the law flxea the highest ac i lowest limit of imnuhment, In the esse auppoeed.ll toe Court conM me iuflicttbe mudeat. ti.ual IB iMMian Hut Ul.lo tsri-usa. wsi .1l ?9 Tlui .-..nt icto l parly bar the right to-havo hia pnnbhmrnt graluated between there two ilnrts, and If one of them w impractica hie the will of the legislature to defeated, and the law must fail. Hurt Ik OMrt, In all ouch nasos, sentence l<? the "'tale prison, because the rtticr punishment Is, under Ibe perulia^fsets of the cage, 'mpoastblc" That would be saying what the legislature has not said, but what It haa distinctly mM should rol be. It rnnnot be said tbal this law Is gno.1 for the eon of Is titvtf>[ penitentiaries, or for those from which sonneta cnti be sent to the penitentiary of any other county, be cause it was passed t.. suppress Rambling in ssery county; and if it does not reach or apply to all, it cannot to any ftuaty, If the law falls \n act so far as this section is ronce'rnrd all orer the utale, It fails in every jwa-t of the ft.iie. I could amplify and add to these views, but they will serve to show the basis of my Judgment As there It tin way of punishing a party indicted and convicted nnder the second sectisn. according to me understanding, It It idle to mdlct. Tor the proceeding ran never end in punishment II is by punishment the legislature intended to suppress gambling. It could not be done In any other way. I therefore consider this section to be ut'erlr void. II ?I nrter the law of IMA, the offence charged being n iritoileiiiesnnr belongs to the jurisdiction of the Special Se's ins, unteas the right of this Ooort to acquired as po nic.i out In section 5 of that law. III.?1Ibe ststule in question. as amended by the law o 1*fifi, to mil'. It says?"If any person shall sell or vend what sre commonly known as or are railed lottery pollc es.'' The law does nqt define oliat a lottery policy is. It to not too much to say thai In creating punishment for a crime which the legislature originates, the crime thou Id be di fined by the legislature. Ilere no de t"'t< ? men. r>npp">"n u.r PMiK nncertanty a-> to murder, manslaughter, nnrglary, arson, rni>hety, latoeny, Arc., that whoever shall commit the n ii r rommomy known as burglary, or any one of then*, r.old such a Uw ho admintatCTvdf Ii might aa to thorn, UHitwh.kWMW they bail a rnmmtti law sense or deilni ( .?. Tl e great principle that the legislator.-shall mat" Uu> luir i? mated. and Insisted upon by Iff (Vrmrt of Anpcn's (in ltarto v?. Honied. 4Scbl 4*3). frioer th.s 1a* it mii ho a point of centos, hoforo Jury as lo what Is a tot t ry is i ley An to whether a given paper ki, or In n A, cirununly un-b intend lo bn a lottery policy, who shall -l?c .to tbia? Shall the pn'.lcy dealers' Shall It ho the patrons of any parficutar venders What one man reongmacs aa a li ttery polity another may not F.ach has his I W TO 40RNING EDITION?MON] vwu tjnjovu, lyres, ?c. ii in nil wnat toe party selling cal's a lottery policy, but what la commonly understood by one. Tbla law laayea it to witnesses to make the crime, or rsthei to the jury to decide what a lottery policy is. The Legislature thould have dc line J it. A penal law, above all others, ahould not be ao vague. An to constructing of criminal statu toe, see 1 Blacketone'e Com., HJi, 01. TV. The indictment la bat) upon its faie, for it alleges a single act of selling. It ia "for a suocossloo and continuation of acta which do not belong to any particular period, but from the dally habit and character of tbo individual offending" that the law Is meant The deaigoatlon of tho statute that "he shall be taken and held as a common gambler" shown that an isolated act of offence or transgression is not contemplated aa tho crimo. Dooa a gentleman become a common gambler by once playing cards for mou? v ? The statute aims itself at this species of vice when it becomes the business of a man's life. It Becks to destroy it as a business. Tho words "gamMing purposes" illnminato tbo whole sentence. It is the proteased habitual lottery policy vender that the statute strikes at. Is the defendant alleged to be such? Such an allegation would be legal to charge the sale of lottery po icier in the plural. The indictment is bail for not showing what kind of a lolUry was meant by the policy in question. (The People vs Payne: 3 Hen. ten. Same vs. Taylor: Id. 04, 05, ?tl. Same vh. same: Id. 09.) Tho doctrine of these cases is, that an indictment must not only show that a lottery is for an llegal purpose, but must describe the lottery, unless the -ndictmsnt alleges- that a more particular description of which aald lottery is to the jurors aforesaid unknown." (3 I en. 96 ) Ao indictment upon a statute must state all the I acts and circumstances which constitute tho statute offence, so as to bring the accused perfectly within tho provisions of tho statute. (Tbo People vs. Allen: S Den. I 71) The Indictment in this cane does not set out, 1st. The character of the lottery. 2. Nor a description of it. 3. Nor does It profess ignorance of the latter fact. In a proper way 4. Nor does it set up a habit, but an isolated case of offence on tho part of tho defendant. VI. The act of 1R61, as amended by the aetof 18M>, creates a new offence. It is aimed at tho policy business, which arose out or the suppression of lotteries. Quere, as to whether 1 R S , p. Odd, sec 30, embraced policy buaineasr If it did this statute, was meant to reach canes where the tickets, on their loco, did not show what they were, but expressed themselves enigmatically, csbalisti pultv hv mviiiImiIu Jbn Witlmiit ilia* awl nf i> i nlnnatnrw evidence tho paper in question is unintelligible?it metuia nothing. Should not ita moaning bo the subject of averment? Either the ticket should speak for itself, or the indictment, by explanatory averments, should speak for it. At tbo conclusion of the counsel's argument the Recorder expressed a desiro to adjourn. The Assistant District Attorney stated that be was ready to reply (0 the gentleman, hut was willing to acquiesce in tho wishes of the Court. The Recorder fixed Wednesday next for the hcariDg, when Mr. Sedgwick will reply for the people The Court then adjourned for the term. The Disastrous Fire In SL Louis. HORRIBLE RESTKl'CTION OF Hl'MAN LIFE THE PACIFIC HOTEL IN Rl'INS?TWENTY-NINE PERRON* KILLED?SIX SERIOrSI.Y INJCRED, ANI) BETWEEN" FORTY AND FIFTY PERSONS MISSING. Ws published in yesterday's Hkk.u.d a telegraphic despatch from St. louis giving au account of a moat disastrous tire which occurred in that city at three o'clock on Saturday morning last, and which was attended with fearful loss of life. It appears that the Are originated in a drug store under the hotel, and that such was the rapidity of its progress that the whole building was in Qmmes before the sleeping inmates could be roused. A terrible scene of excitement and confusion followed the discovery of the Ore, and as all means of egress by the stairs were cut on' by the flames, the terrified Inmates crowded to the windows imploring the assistance of tho spectators In the street. It is needless to say that every effort was made to rescue them, but they appear to have boen attended with very poor sue cess. Many of those who were in the upper stones at tempted to save themselves by leaping into the afreet, but several were killed and others were horribly mangled. Some, unable to reach the windows, were smothered or burned to death in their own rooms. When the tire was extinguished the firemen, assisted by a large force of ciliaens, commenced clearing away the ruiDS, as the bodies oi forty or fifty persons who are missing were supposed to be lying beneath them. Nearly one hundred persons were in the hotel at the time the fire broae out, of whom about twenty nine were burned to death or killed by Jumping into the street; six or seven were seriously In jored, and the remainder are said to be missing. It is to be hoped that these, or a large portiou of them, have succeeded in making their eecap-rand have pe< yet i sgnlsd is?sbei of tftw ...ysrw* ir *? said that several are not expected to recover. The following arc the names of the killed and wounded, so far as have been ascertained:? KXLLID. SI Ixmi$?Messrs. Ilruce. M :Knite. Tlurkheart, Wurst, l'aul, Surrctt. Mrs Jenny Jones and child. H"chriter, W. Y.?Henry Kochosler and J. H. ft rung. Chicago? Mr. Johnson. Ketidsnrt I nl-noum? Mr. W'm. Saunders, Mr. Taylor, Mr. Oeorge Crane, Miss Joues, Charles imvis, Mr aud Mrs. Hnhbard. Win. Cunningham, of the Torre Haute and Alton Kailroad, was also among the killed; and in one room there were n no perrons whose names are unkmwn, and a negro boy, all of wboui were either smothered or burned to death. wot N nr?. James F. deary, reporter of the St. I/onte Leo/lrr. Flbew Haves, Of New York. Jonathan .lonee. Mr. Towns, Wm Turner and Mr Sharp, watchmen of the house. From the foregoing list it will be seen, an we have stated, that twenty did* person* arc known to nave Hut their lives by this tiro, exclusive of those who have uot yet boon found, and who, It ta feared, are under tho ruins. Every relief that could be given was afforded to tho wounded, all of whom were sent to the hospital or takou charge of by their friends. The loas of property, which la the least important Item In the terrible account, is estimated at $60.9.0. Tho I'auiflc Hotel was a new building, and was but receully open ed Some idea of Its aixe ami character may be obtained from the following advertisement of the proprietors .? FJfOVIC llttTKL, coa>*s or ssvawm ash vosiak i?rar*-n?, orr<??rr* thk vacinc haiuuiao iuu-ot, sr. tons, wo. The undersigned have opened the above named new hotel, and DUad it op in a superior manner for the accommodation of )>rrmanent and transient boarder*- 111 tho rooms are furnlahed with gas, k< , and other modern coo eslences. and no effort will be spared by the proprietors te render it worthy the patronage ot citiaens and the tra veiling public The table will be provided with every delicacy the sea son [.ermlta, and the beet of wines, liquors and sagars tap plied to order. Board and lodging $1 60 per day Cpeciat terms for ramilies. D. W t TRAJ iKR * CO. Aa may well be supposed, the fearful loss of life and suffering has created a great excitement throughout St. Ionis wd thoee wboee friends were in the hull-ling at the time and who have not yet been heard of are in a moat painful state of agony and suspense It is certainly one of the moat terrible calamities which has occurred in that

city for many years. WMfeln|tmi1 BlrtMaf- How It Will be Celebrate# To day to lite UUh anniversary of the birthday of Washington, an evsnt that never pnsaen without nomr re cognition from our cttttens This year, owing to a variety of causes, the celebration will not be an imporing ae usual The tolled American* do not intend to parade, and aereral amoctatinne wlil intermit their ueual exer rises, in oonsequeoc* of the hard time*. Thie to to be re retted, but it ahowe no falling off in the reverence felt for the memory of the great man to whom thie country nwee w much The Cnlted Order of Amertcane will hare the ueual celebration at the Academy of Music, at two P. M. There to to he an oration and mueic by the liar mnnir Society. The young democracy will hare a cele bratinn in the evening at the City Aaeemhly Room*, who a have been enlenuully decorated for the uccaeiun. It will include a ball and nipper, with eperchee from distinguish ed democrats, and will he one of the events of the seaeon. Several of the t'ultrd Order of American Chapter* will bare ball* in the evening and Adriatic Rnginc Comjmoy No. HI will have a celebration at Mozart Hall. The colore I people have also determined to have their own ohaerv am-e of the day. as will he seen by the loliowing card. It will doubili*?, be a untune affair. ORASC SVttSTAISUSSt. The female branrb of ibe l<egal Rights Association will celebrate with a grand supper, fan spring street Hail. IM Spring ateeei, urar Thompson, on Monday evening. Fetiruar' ? law. the third anniversary n( that wholesome derision of \h. siynM Court (Judge Rockwell prealdmgi which de rlared and publish'd (hat colored persona had the same rights as other* in all pnbllr conveyances in (hi* clly; and timamu. h as the grlevanrea wiih regard lo colored persona riding in public conveyance* have grsally dlmiitlabed daring the pa#i year it la therefor# eipected that thla entertainment will be even wore cbeertul and happy than those wkirh have pre ceded it, 1 be supper will eommenec si eleven o'clock. All the moms tn the Hall have been secured for the owcast'W. 1 here will be two or three short Interesting diarouraea, by prominent person* showing the great advantages that h ire rrauHrd from iltl'genee on the part of the people of color, ami iho ec a frrltn* bj 'ha whl'a rnmmmittv. N H ?Thr rati ri?.i mint will i r gm up hj tin- inmi >1i< tin*ut?ha.i PH'i-rcr. IVtrrS I'nrtar and .In'on W. Hnn'.ar, Manftirani. Tkkat* 7ft rant* anrh Anions the military rcBimantn that will torn out are the National (iiiaid i^roiith reeimant), Colonel Oaryaa, the fPTpnlj flr?t regiment, Colonel Voenurgh, ami the Eighth rfBtmrnt. 1'o'onrl l.Tt>na. It ta to be regretted that the itreetg are in 00 nnitt a condition for parading iRK E JAY, FEBRUARY 22, 1851 TIM News (torn Uu Utah Expedition. COL. JOHXHTON INTKMDH MAHCU1NO OM BAJ.T LACK CITT WHIN Till WKATHIR MODIHATM?BMOBI** TION OK TBI KOOTI PROM PORT BRIDOIR. The Hduld of yesterday contained telegraphic despatch from St. Louis,statlug that the Salt lakemall bad arrived at Independence on the 16lh inet-, and that according to tha report of co&auetor Denver the nmr in tie moon i tains was from one to six reel deep. The weather he also stated waa Intensely cold. Mr. Denver set ont from Camp Scott, near Fort Bridger, on the 1st of January. The troops, ha says, were lm patient for tho commencement of boetilitiee, and were eager to be led against Salt Lake City. They were, as may be supposed from this. In good health and spirits. The latest published despatch from Col. Johnston was dated the 14th of December, and a messenger was despatched from the camp ou the 16th or 18th of tho same mnnih. Ah soon * the weatoer moderated Col. John*ton intended setting out for the city of the Moron mm, with the troop* under his command. If the reinforcements should not have arrived beforo the time appointed he wil proceed at once without theua. Se la, It appears, well posted as to the movements of the Mormon*, and haw been Informed of their preparations for hostilities in the spring. They seem determined to resist him to the utmost, and are said to regard evory one with suspicion who is con sidered at all favorable to the conduct of the United .States government. They sre also very strict la the eniorcemcnt of their municipal regulations. The malls outward bound were progressing very well, and the Indian* who had been met on the route were dia posed to be friendly. Governor Cumming was engaged In the performance of his ofllciul duties, or that portion of them which bo was able to perform. The road, or line of march from Fort Bridger to Salt Lake City, and over which the United States troops have to pass before they roach the capital of the Saints, pos senses so much interest at this special lime, as to entitle it to a description. The distance between tho I wo points is one hundred and thirteen mdee. As Col. Johnston intends taking up his march when the weather moderates, the ground will bo sou and miry from the molting of tho enow and the earlp sprlDK rains. From Fort Rridger to Bear river the distance is about Ql'ty miles, the road generally running through an open country, where little or no onpo aition ran he made by an enemy. There ore some very steep hills to descend and asceed, particularly tbe Shaking Aspen Hill, tho dividing ridge between the ws tern of the Gulf of California and tho Great Salt I Ako Basin, which has a greater elevation than the South I'ase. At Bear river the difficulties of tho march will commence. This river at that season of the year will bo swollen from bonk to bank, and can only bo crossed by boats or by being bridged. As tbe current is very rapid and timber scarce, It will be difficult to throw a bridge across, ami boats will have to bo built, as those now there will no doubt, be destroyed by tbe Mormons. Tbe Mormons, If ro disposed, csnnot oppose the passage, as the opposite bank can be swept by our Sold batteries from this aids. The river, whero tho road crosses it, Is about 75 yards wide. Beyond the river the road continues to run through an open but broknn conn try for about ten mhos further, whore It strikes the beau of Kcho Canon. From this point to .Salt lake City, a distance of some 50 miles, tho road runs through a contin uous aeries of canons and over two mountains, and along this part of the road will come the tug of war. Kcbo Canon is 'Mmiles in length, and descends gradually until it opens on Weber river. This canon?ana the same can be said of all the others through which tbe road runs?is nothing more than a deep ravine, with sloping sides covered with verdura to their summits. The great difficulty will be to get the wagon t over the road; for no doubt it will be cut up and titled in Willi rocks, so an to be almost impassable. ni ravines are narrow andean easily be obstructed, which obstructions will have to be removed, as there is no other place for the road to run. After getting through Echo Canon, the next obstacle is the Weber river?a Stream somewhat smaller than l>sar river, but prsceut lug the same difficulties In crossing. From the W eb-r to the summit of the Big Mountain?a distance of Alteon or twenty miles?tbo road runs through four csaons, from throe to Ave miles in length, and guacoptible of the same obstructions as in Kcbo Ouiou. Vrom tho top of the Big Mountain is obtained tbo tint peep of the Holy land. It is th? Holy Mount of the Mormon. From the summit of the Big Mounta n the road pitches down into one of the most difficult ravines on thi route The hill is so steep that all the wheels of a wagon must he lock od to descend In any thing ilko safety. Twelve miles further is the IJttle Mounta'n, rnd it Is eight more to the city. After descending tho Uttle Mounta .1 you strtka info Emigration Oanoo, which oomcs out in Bait I.site valley, just In rear of Salt lake City. As you debouch from tbo mouth of tho canon, you Bnd yourself on m table land runn.ng along the base of the mountain*, and about four miles in width. (>n??ti g Uits table lud, which Is About two hundred reel above the level of the valley, yon tlnd the city stretched out at your feet. Its position is very badly cboncn in t military point oT view, Tor It In completely commanded by the table land in the roar, but well selected In other r?> apecta; for it is so situated that one of fha mountain sires ins throws Its waters through every street, which enables the inhabitants to irrigate their pardons?(he only process by which the land of that region can be cultivated. The streets are broad, and at right anpics with en. h other, each building lot contains one and a quarter acres, which allows Urge gardens, from whieh is obtained au abundant supply of vegetables for the entire city. Rlngalar A fray at Astoria. TROT HI.K RgrWRSR TWO PAMII.IR*?AKRBsT A WD fll'RHRWTRRT HKLKASR Og TWO Of TTIK TART1 F.-?, RTC. The usual quiet of the village of Astcr.a was disturbed by a scene on Thursday afternoon Mr. and Mas <'-s.p, who resale a short distance from the village, were observed passing through It In the direction of the houseof Mr. Samuel Wells, who until lately was known to ho on intimate terms with Mr Coop and his family. At that tim?, Just ss the two parties were approec-long bis bouse, Mr. Wells happened to have business which called him to the Pisrt Office, and he therefore met Mr end Miss Osqi just aa be was leaving and they were approaching the house. The usual salutations were eichaoged, ami after Mr U nllfl hh/l ATPtiflAii h msnlf lor holnr tn -a hnrrw Mid rlplaloe-1 the nature of hi* btiainca*, be tnvnud Mr. Coop and daug btrr to enlor hi* bouoe mi bo aaeicd la Ihe parlor, protnwing to return. A* soon a* p>m*ibl" he pro> ended to the l'o*t office Tho visitor? hat, to the meantime, accepted Uic Invitation, Mid oxpraawd a do?tre, ? wr are tuformed. to obtain an Mlenrtew w?ih Mr Will*, and they now entered tho parlor of tho h<vi*e, where they waiUii until he returned from the transaction of hi* hun ne*e In little more than ball an hoar hi o r ho left tho houae he returned, and onterod tho room where hi? return wa* awaited. The facto concern me what onrurrad upon hi* entrance are net *atafac*ori'y knowe; hut, from tho account* of many, It would api?-*r ihM they run a* I Mid word* were u*ed on both *l<le? To ttu* Wa* added flr?t an all-eed indignity on the part of Ui? joimg It !y to Mr Well*. Ilerooorted tilt* conduct, h it in urtia' manrrr it I* not *alo, whereupon Ml** "nop, Who w?? elan t,nf ccnrenletit to Mr. Walla, !t i* furif r alleged, neited bun violently with hi r arm* amand the ncak tier r?tbor, wbo. It > *?Ml, wa* armed with a duelhng pt*tol or ran*, Joined in the onmbat, or (that, up to tin* time, would appear to hare been an a vault. Ho did not t.? rbarge tho pwtol: but. according to puMlc rumor, while hi* daughter held the geotliaian witb all her might he ?trnck him ttcreral blow* with tho *tock of the wo*,*** over the face and head Mr Wei'* hy an i-flirt auo. ? I -d in dt*oatargl.ng hin.*ell from tho g aap of h* a'cgol ar*ail*ut*. What tollowid tin* we found It impoaeibV to oatwfai torily arceriain. but the moat |iroh-,ii|o account i* that Mr Well* wa* now in anch a -too of ethaiMti">< from the effect* ot tho Injorteti h< received and the rtolenco of the effort* to di*ciiungi? htmoeif witch tt wa* n?eo**ary lor him to mako, tliat b? felt in a ?t*'e <H' tn*o??ibiltiy. Her*, wo Inaroed. tho attaoa wa* .11*continued, and the ?ictoclona party em I. raced tho oppirtundy of deporting frctn tlie noetic ot action. A* noon ar Mr. Welto/eouvof td he determine! to ti*o legal ptoceedlng* For Mil* rea-?>n ho went next iriTr nj to Police .IuiiInv Mcrrle and lodged ac >mpt*int in thot irm of an affidavit lo the effect that .larob M Coup an I tin daughter, louisa Coop, came to hi* hou.ee oa the evening of Thnraday the lttb of February, ISM, aud without any provocation oommeaced a violent anoault on him there future Morrl* thereupon had the defendant* arr de l, h it anbeeip.ently aomub-d them to ball, when they wore Itn nil nim*'ij llirrrwi. Tbe rMN Of thi* rtngnlnr m%lr will of course be .!?v# loj*d by Ui<* l?ir?l proceedings. P? rannal lntfUI|tii?t. A*RITAI,!?. From Mserpnnl, In the ?ie,m?hln Afrl.n-Mr t i.r Me. .1 Kntttrfforth, A Hlll?n?, Mr Von d?r ?f ? l?, IN) *'id err*n' Mr tawrbntoke, H II jr w Rrn <e>, Mr I.n?lib *r *gM?dter. Mr Molt, Mr Men, <tr Jeratnthsu W I.. Id. II. 1>< Winter, W M Fooler. Mr H.otrdm O M 1 h.t Hvs. *r? ?-*. F II d*m*n.?'l?ijtlem>nii Vr ivvb J tlrnnlitovt, II T W*il*rk W M Tnrnhiill Mr >|enry, Mr Hortrti. J Belief, Udy Slid 2 children. Res I rrv.'M, Mr Rrtohnrtl. [ERA 3. HBW8 FROM CUBA. The advices from Ravana by the Black Warrior, which arrived oa Saturday night, are to tho 16th Inat., am we announced yesterday. We have rerotvod from Havana a well written commu uksaUon in Spanish, charging several of the Judge* of the highest cocrt in Cuba with corruption and a perversion of juatKe. The writer giro* several particulars of the man nor of oporatlcn by the parties, but th-y are not of a character that wo can publish in our column*. If hi statements arc true, and the facts (mown to every one in Havana, not even excepting the Captain General, the Koyal Aud'Shee of Cuba requires some looking after by meral Concha or yuecn Isabella. Wo givo the concluding paragraph of the communicot'on In the writer's own words:? And witb all this, which Is public and notorious, wo ask I ?and with iw all the p? jple of 'he ill governed la'aod of Cuba?should we consent to these things and contemplate with indifference that Uie government of the mother country confide* the administration of justice to such men? * * We acswor, no?a thousand times no. Daily do we elevate our bumble prayers to the All-Fowerful tha* ho will guide and give strength and determination to I resident Buchanan, that he may achieve, lu any possible way, the annexation of this island to that great confederation which governs so worthily and ao wisely, that wo may all broathe the sweet air of freedom. OH HAVANA CORRBSrONBKNCE. Havana, Feb. 1ft, 1IM. More Black and Chinese Slams? Health?Robberies? u Fleet? The Senator from Texas?Deaths of A mericans ? More Operatic Furoro?Markds, <tc. Wo bavo had several cargoos of negroes landed In the {suit two or three weeks, covering over two IhousanJ bauds for Cuban labor. We have also the oth?r class ?f laborers, by the .vmerican ship Challengo, Kinney mas tor, 137 days from Swatoo, consigned to Jcse Maria Morales ft Co., etlO coolies; thrown over 28d cn the voyage. Also by tho American ship Kate Hoop-r, Bowers, from A.uou ana si. neiena ion aiijn, cuasigunu u> >nwr?. iw rites, Pueute & Co., tlltJ coolies; Skilled in a mutiny and 22 passed out from natural causes?thin fever, Ac. Capt. Jacleson, of this ship, (lied at sea a few days after the mutiny on board. The yacht Wanderer, Capt. Johnson, lett for Key Woct on the 12th Inst., to cruise in the Gulf. All well. There has been some sickness hero since my lost among the gross'-' imprudent; hut th? doctors say there is no epidemic disease here and our lioard of Health gives clean bills to vessels goit to -eti We have hart several roost outrageous murders com mitted i, he city and viciulty, and the country was never so much infested with robbers as at tlna moment, defying i 'r energetic jsilice 1 navctcunrtmy hies by last steamer, this morning, throo miles in the country. We hsv? nothing mor? of news, ' 'lock of sugars, IK,000 lioxes; prices as last, with a shade better. Kxr.hangc?New York, )? to 1 premium; london, 14 to 14),, and very dull, with small transactions. (>n the Uth instant the Spanish Hoot, composed of tho ship of the line Isabel Segunda, frigates Cortes and foperan/a, corvette Furallones, l>rig fiabanero and steamer Wasco oe Garay, returned to this port from their cr ise. Captain Barton, of tho bark Albertina, of Now York, who arrived thence last Saturday, informs me that on the preceding ('ay, off Double-headed Shot Keys, he saw the clipper bark Hash, of New York, bound thence to Vera Cruz. General J. Plnckoey flsuderson, of Texas, wh<>e? health has wonderfully Improved by his too brief sojourn among us, hastens sway by the present steamer to take his seat In the United states Senate. P. Taylor, of New York; A. Olcott, of Rochester, and iir. roru, 01 Baltimore, rave recently uicu here. The Prtnsa newspaper of this city, a few 'lays einco published an arllclo upon Iiiu Miguel <l? Rmbll's proposition to isauo a depreciated currency for circulation In this Island. Mr. dc Kmhtl has, 1 hear, "brought an action" tor libel against tbo proprietors of tbo l'rrma. The Scr.orita Itamos took her bene 0: on lYiday evening. The performance wan a mixed one, ami coostated of "Tbo hairy and one or two operatic pieces aung by the fair bcrv/siare. Her follow countrymen and women turned out en maw. upon the i <raaicn. and after the p< forman to rhc wan borne in a cai: iage in triumphal prececal >u a loog -tisuuco up tho Faeco to Murcellu etieet, whii la occupied almost exclu elvelj by Spaniards, ami wbicb ? ts that night illuminated. When the proceesloo reached the Hotel le (Iran i, at which Setiorlta I tamos resklee, there win a grand aerc nade II' all this homage dojH not lend to the future inJury of Senorlta Ramos, nho iu>aarcdly require* much "rilling and practice before she vat* hope to reach Um highest rank of a prima donna, thou she must have loss vanity in her ormporit or. than U usually possessed by h> r ??'v "la t'avor W la advertised for this evening. Conkiueru.g that the assortment of the dllltrent numbers of sugar is eitremely defective, a very fair business has iakrc piace since my licit ..i the sugar market, at rather higher rites than last ipiotatious-the chief inquiry bring for the b:4h?r trades fvellow) for the t'nlte.l *?u:es and ."vain. Block bore nearly 70.000 boxes. all new crop e\> opt about IV,000 boxes. MoUsscs m ra'.lior butler Jomaud, and V. real;; per keg la now firmly demanded. I k hongo, w, tb ou|y ? moderate burup ex rules a?< fol lows?Sterling, lv J 14!, |*>r cent premium; Northern < It*I, to I per OMtl nuuni; New Orleans. abort, 6 to a per cent premium. Freight* rather Improved, pirtico laily for atoall ?iz< <1 craft f quote to fioeex, (>>rlc, Fal Run.lb. he., XV 16s. to X3 6a.; to the Mediterranean, I'ar ax Trie to. noma rate*. to f rant e, fiOf.; to S|*tn, ti to IV 60 p? r b"v to fritted Stater >1 per b? x, and 14 por hhd. Tor sugar, and IV to a $3 per bbd. for molasses. The Sleighing Yratifday. To a very large proportion of our citizen* good sleigh- I ing on a Sunday la conatdorod an especially pleoring din- I ptrsation of Providence. It was therefore observed with general symptom* of delight, thai the enow storm of Krl- I lay, wbicb sundry wisoacres pred cted would be but brief, continued throughout the night and until the after noon of Saturday, giving lino promise of an np(mrtunity to enjoy for a short time, at least, the mud cibllnrating of winter amusomcnbi?a good, Jolly, sociable, reckless, ex pensive sleigh r'de, Sunday Is the best day of the week lor a alelgh ride, for two reasons?first, there la more available boraetlcsh released from hus.ness ; and, seci d, there are more available bipeds, released for the same reason, to enjoy the horseflesh. tVnivquontly there was great rrjolcisg among the sleigh riders an I the livery table men, at the pro?poct ot a good Sunday a sleighing, Iwuhtleaa every ilclgb In the city has don~ service during thin brief snow storm. The streets and avenue* were rcaouoLt with merry tinkling sleigh bells, diama! sounding cow fcclla, and joyoua bilartt.. It seemed ?a if everybody had gone out on a spree yesterday. The prudent ruerhin r vhn ho/1 hu V n inlir nnl'.vn ,.f O.n .. mi to treat his ftkir lady to ride, and the prov rb'mlljr pru (lent Kum arcnoodlcs, who had saved tb am-<> at from their butchers' bills, joined alike m the sport, producing a lively stable harvest and a sleighing carnival on a small scale True, tne enjoyment or tbe rule ih mainly in tho imat;mail"*. and the occasional, it not frcqnest, grat ng on bare ground, was rather suggestive of the fact that *J>e now wss not very deep or durable; hut, nevertheless, people did not And that out until after they got *tarn-d? so it mode little or no difference. Tbe shrill whistle or the merry milkmen in the morn r.g and tbe wotnd'ngbelts of their brskly driven horses, remm lod tntny sdr rr?y keeper of the day of r?*t of tbe opportunity wh :h was at hand. The prospect of a bright sun and ? nmnpy aftoroooii drvw out many trams in the miming, and many a Mr < * bun b goer among the rancbinootous upper lea see. Jenta'ly K"t started Slightly early tor church, and lipped tho coachman a wink to take a roundabout way through the a venom, tone net to be at divine service s> to unueoe-isarliy rartyhour. Broadway was thronged with sle ghaall day, and .Indued,from all acceuata, this apt" ars tc have been too be?t sod faiorite aver of tbe day mralergha. The level pavrir.'nt arvl the addition of tho snoefrom the Wewalkr. gave it an advantage over the roads load ig from tb< city which wis act lots undiscovered, and u>? e*. re?dii sir mild trmie-atuie of tbe aUwvohrre. tbe ro oh. fi'tlnrM'dwMW'julj**" whirl'4-ir *n.l wh r/mgand jirtg i tig along, bcarrn thrlr predoua burthen* at rrioohne and dry room. gave the UMTO'Ktiarc. ita wonted brilliant ?ppeat ajice, andr ggtftedtuthercflrctlngm nitthatthereir? w.n,. wliiim ?|w r. iiirk>u* weil an llnan 5 il . imt. a* ban be??i oh served, the apitrnrene.* Of goot aimgh:rg wa.a decept W. -">d many a weary turn, dra \n? d? Naty kidovtrlU k>*'. nn pavement*. bort le-tumooy kliwrtdllNt itmMtfil of th?w< *itr-r had rained the ateighlng, for a t me at . an', and to the truth nlne?a g( ftMHi'a llltalfMM of a rielgh reie-aimd of k*? 1 wrtrr and a nlrnir of liella la the i.arri wer atrri te of tn? 1 < ay. wa? re the onow from the ndewaika dmniei the t j aatitjr n the roadway, vne alugtung ?r?* tolerably fair but Oh ti-'f itrk rk "t the city,,wr far aa '?ue hiutdrod and tr'tty IW'n rtrwf^he ground wan U"?r.jr bare. \b?>ro 1 Mil*. hVaei er. the giin *w raid to he r. ry Kor>1 a< ftr n tlef i nih'r dam an 1 High hridve There met certainly hate heen Home attraction In that direction, for the Itlnnmlrigdal" ro?d, wh ;h, tor aoine d)*tao< e, now mo n"|d.re* all the old Th'rd tvrnartrnvel, win crow ted with virlterr. The abundance of gon?t iiqnor in thai direction n of, how? ver, account in runt decree far the raeh, for trerc waa a rnrh of ?rrry ,|*e and aa*>rlme|it ol vehicles in the rt.ape of aleigba. Sour, a trim, < eaW finry tnaa. with a light puna, and tithe v t-?t;< r*?, . -pltir hriakly be a lumbering itutch Jofarjmmi. with bla niiimToo" fhtnl.y pilel into a <m- cry aieigh. l??s o*hih|. 1 t, o of horree. rivalling the old Titcrrnil'* Hi variety, 1 doniMiidraic* the t ar "on of V?w York*rn f-r a : i e'? , highlng Thick and thin, fat and 'oan, laine and limber. fa?t ail 'rlow on they co, with all aorta of ooavgynnen, i and all au'to of |>enptc a.mllar only 10 one re?|*. -?the ocfrm out on to epjoy a al?tghn<ie antth r do er I >y it t ryitr iif unpaid butcher*' bille, the hard'tian" an 1 tne lark I>; fnnila to pay for klniUagwdwJ on the morrow ftnarda rven.bg, aithw Weather grew cooWr, th Maga- , t'g grew better, and during the night not a few parte?* were made on. If our frr-raad uaegy, Who d vk>ra ' uh break nf aim ' 1 ' 'or t m , v.'Kf !in*r ?<> li.C *v??ln!. >. ? ' a , .i ? > 11 i | l. r.ty , m *nbjrcf.j for their <T>r ?t.".n A? * t >i*r?f tin**, liow. Trr, (lie dbngrtethilitf of tlie .?|*>rt wjukI r?n<W urre 0'iuiry Mif ttTjf* .>f tlie cler y k> MMure t* I pl'tittoc*. LP. PRICE TWO CENTS. ARRIVAL OF THE AFRICA. THREE SATS LATEB FROM JitJ KOFE, MEETING OF TEE BRITISH PARLIAMENT. Interesting Discussion of tho Refuse Question. Another Reduction of the Bank Rate of Interest. ADVANCE IN THE FUNDS. THREATENING ASPECT OF AFFAIRS IN PARIS. Alteration in the Continental Passport System. NAPOLEON'S NEW SAFETY LAW. TRIAL OF NEAPOLITAN REVOLUTIONISTS. COIME&CliL BEPORTS FROM AUSTRALIA, OUR PARIS AND BERLIN CORRESPONDENCE, Ac.. Ac., Ac. Tho Ounard steamship Africa, Captain Shannon, which sailed from Liverpool at aboutono o'clack 011 the afternoon of Saturday, the (Uh >>f February err ved at her dock Kk Jersey City about half-past twelve o'clock on Saturday Bight. Tho Africa on tho 1-th Inst., latitude 47 40 N., longiledn 35W., cxrhangcd signals with the Hamburg ship Andorltiha Hecunda, bound east, 10th, at 3 30 P M , exchange-! signals with steamship City of Baltimore, bound east. The ship John Bright, which left Vow York on the 10th of January, arrived at Liverpool on the 5th of February?. tbim making the paaaago in seventeen day. The chip Plutarch also arrived out from New York in nineteen day*. The British I'arl.ament ro assembled on the 4th of February. In the House of I?rda a bill for tho amendment of the law of libel was read a Brut time. One of the clauses five a defence to all actions for ftithlul accounts of publio meetings. Warl Gray gtive notice of bis intention to present a petl lion irom mo im-i inula company against any alteration In their conMtulion , aud 1 <ord Panraure gave uotlco of m vote of thanks to the army and navy for tho operation* .3 India. A general debate then Kv.lt place, in the course of whkt* l/ird lierby, after referring to the still threatening elata of admits In India, spoke at some length upon the recent attempt on the life of tho Kmperor Vapo'eon, and hoped government would taJto early etcpe for disabusing ita miudg of the French people as to refugees in England. Far I n ran?I lie said that notice had already been given In the House of Commune of a measure which ha had no doubt would meet the question of the residence of political refugee* in England with t.afety to the lives of foreign sovereigns. lord I'anmure said that recruiting wv progressing very favorably, and that troopa were sent to India at the rata of one thousand a month; also, that .nstruction* baa been sent to tbo colonics, authorizing thn enlistment of all firttish born white subjects who might volunteer. Ic the House of Commons Lord I'altnerston gavo notice of a vote of thanks to the army in India; and also that It was his Intention on the oh to ask Isave to bring n a bill to amend the law relating to r.??.piracies to oomm.t murdor. Tha ia the measure to meet th" refugee qiwaI tion. Mr. Roebuck gave notice of his intention to question I 1 ord rulmorstou With respect to any correspondence that might have |>aiw>'(l with the government of Franco <n regard to tho Alien e<*?. He ikow tn gave notlc? that ha intended to renew bin motion for tho abolition of tha ixird I.ieutcnan< y of Ireland. A motion for spwcirU committee to tn quire Into tho tranemikeion of troop* lo IrH.a wrj> agreed to. A congratulatory addrcva to the tfueen on <h? marriage of tba I'rinci ** R( yal was voted unanimously. A hiM wan road a 'lr-t time for aho"?h,:)g Imprisonment for debt, Ac. A resolution *.m adopted oottAirrlna pensions of ?.1,000 a year each to the widow of the late Sir II. Haveiock and the present baronet. After n nn-diAcn?-ion, leave ati giver to br.ng in * bill to allow the Ka*t India Company to raiao money a hi gUnd on debentures. Tbo power to continua ji forca till the end of the *e**:on of 1S4D, and the amount to ha restricted to ten million pound*. lord PalmernUto gnv* notice that ?n the l'dth mat. fta would niovo for leave b> bring o i bill lo amend tha government of India. Tho Ivoudon 7imn of Urn 4th to d., speaking of the futnre plan of ruling India, aayn ? l ive year* nac? there wa* a premature clamor fi* tba admlo?>oa of uatlvM to the highest poeta of adm epilation Tba opposite demand, that 'hair Interests and feeling* should be sacrificed to the claim* >( a *>i|>#rior rvm, wilt bo even more transitory The <Mp?rttreut In which l ord Canning bat refuted nit ro operation w?? tried long *nc? m Central and J-outhern America Two ancient though inferior form* of clvi)i**'ion were rudely trampled out by the eonqueror* of Mexico and of Peru. Tba ^'laniard* put tbetncelvea In the place, not of the government, but of .be nation, and cx?rc:*?d tbeir power ostensibly aa w? II aa really for lh? **el?n|r? mmM of tea dominant race; hg/raa thof finw '? th* pr.tmt <fsty 'A-y ha ie tramrratnl Unit nit IA' I ml </ the rut,j ret popuUtn-t irAieA tksy had nl fr$l Ufrwlil Note it! standing a poeltivc denial of tbo l/m.dun 'Ibb , It w?a atlli a**rrted thef g ovate men t Intend* to creaui about half a dozen new p#*r?, in order 'a ?.-nb!e it it carry thro'Th tbe House of lord: tbo Indue bill, tba Heform bill, and rthei measured At the entertainment given hy the native* <?f Rmibay, India to the Furopean Iro.^ in thai capita), the follow ng note wae read-? mo r mi**! si?|n Conait ureaenta hi* oomphHunt* to tbf Committa* of and f?. grata that cir<urmuece* will pri\inl hi* hate* praaool at .i!iin?r II* !><"*? Ui cff?r thv following m>m,moot, an t Uuata that it wilt ho ik < 'V*?m w Awftcm who a proud ol bia ranou'* orirn:?l,Thi Ito*a. ->bamrnrk and Tbiatto, amlihftia 'H a ra.a wIkw-- w*'<>fii? and happy inflnmre an apprr-rtam* ?r|.| ha* v-r a< an I rf a powar ami role alike Irrratafch.'n and pa?orn?J *?Irtitra ol Hi.' Any).. >aion ho*, plan' poor bafly emblem* on th* grave of a?arjr ?I?t. ?..p ao?l d.niabtar of your raca throughout tha length an.t hraaltb .if an I ?**< h, with argnm.-M* of >*ad an'l eteel, a won to their deatroyrre, whu b can narar otharwi*# ha taught Tha rooaul a note waa reoetred with loud chaart. Thy I"arw /'ay* of tho Aih n?t glra* mme cine to the i p< rat fma ta China. In it to Itkoly that Yah may on. -?l tha fall of Canton from th? Vraparor, Admiral doym-mr propoere, m raa* of Ita raptor* pro4nr>nr no affact on the ituhborn Vicaroy. to take Tian* nr. n tho Pay ho-at, ? ?l.ort dndaoce fr?m Tallin, wh rh drawa all ta pror atony plead ynoraeceof whattbe '0'itcr barbarian*" are <! >irg. It appeara probable that Prussia trill have to rant a berseli with France and Fngland 'n ?ha operation* to re. iloce tie Chines* to clt Illand ueair Prussia to *>o<:n-1 by treaty to protect ?b p? under the Oldenburg ft%?r to thi tame extent ig thoae under her >wn. to OMeabarg reoeel haa b.-T wo'ke l on the w; of China. tail tho crew plundered and ill treate.l. The oidenbirK xirernnr til have iu?t c a led oa r.ue< a -o .-aery out Uie treaty lot demand return1 >n from tb?> Mroar ?n? The Prince and f'riaoew, Frederick W Mtnm, of Prrt*. a, landed at Antwerp on the 3d in?Unt, an t reached CoI. .jri.e on the fidlow n? (U7. They w?ra received with euII.ueia-m at all |>o'ot*. The Town Council of Cambr Mgr. Knglaad, had dee <1? I tij the 1 a?tm(( rote * the Ma*' r th.it tt wag inexpedient >0 eend a (oiiyratnlator/ ac'dre-v* to the F.mper-.r Vepo on. the ground taken by the optonoota of to* rMy wt. ion be.ng the otTotolvo addre?*r* of th * French army, ill.I the '!>< evti" "I ren te >ic V<my and Pc r- <rny. The ltank of Prussia had fed toad ft* rat* of discount t> I per cent. Ih.Taie aero. nt? firom Psrlf menMon e^reral "ail ire* .a cnre?, erre of the suspension >{ M. Qd.er A snep*?s<>ti of ?o?m toagndu 1? is repo'ied at fhdryp*. S'aiaerot rrent tied Th- money n i'k t < .ctltued to trow n e**<\ at! 11 tae t?b, the FUnk of Ireland further ted 1 rvt of dtgeount frexa Tour to three-:-nri a-half per eeut Pie ar.noun-emert tai^ad a slight rite kt the funda. The joint stock banes,