Newspaper Page Text
JTttXEXDAY, SEPTEMBER 21, 1868.
rtiT"li lnce w last inoe,of two veaaete from San Fran
eiacu, bat relieved the existing monotony. The Atpasia brings
ft. matf, baring Miled ao the 1st lost. Bat the wis fairly
beaten Urce dajrs oft the panaage down by the bark Yankee,
wait sailed oa the 3d, and arrlTedlhe day before her. There I
fltaeUan, bo doabc. In knowing the track at all seasons of the
Jar. The Yankee is ooe of the fleetest Teasels in the Pariflc,
and, afW years of watcbuig her performancra, we can safely say
thai no veaaeU can outsail her, and Terr few keep up with her.
Yet, perhaps, the rule obserred by the Post-Office Ageata in San
Francfeno to dclfTer the mail to the first vessel leaving U the
ao satbfectMy in the long ran, and where no great detention
ecwra, ought to be acquiesced in.
The bark Yamktt brings a fall freight, and a large list of pas
sengers. We notice, howerer, that she was in Ban Francisco
bat ten days. She will retain about the lt prox., or soon after.
The Atptui comes to load oil and bone,and is eoruigned to
Caps. T. Spencer. She has once before loaded here.
The Jn n 9 Far J sails to-day for Puget Sound in ballast. The
RaUuoa is detainrd fir a few days by the illness of Capt. Bur
diU. The French Corrette CoittaHline sailed yesterday for
Trade has been extremely dull for the past few days, and we
see no Iga of improrement. The but auction sales hare been
somewhat discar-aging to importers of gund.
besides the disposal of the Jenny Ford, we hear of no busi
ness traosactioas worth noting. Her cargo consisted of spars,
plank and beary timber, and was arostrjr hiiimrted to onW on
terms which bare not transpired.
SAX TRAXCtSCO MARKET. .
Our market advices by the Yankee are to the 41 of Sept. More
firmness, and income cas- a slight advance is ooticeaMe in
most kinds of gomtaand produce. The market appears to have
touched bottom," and the nsnai reaction is anticipated.
Sreaa More firm. New Orleans held at 101. Sandwich
Island No. 1 ranks about with N. O.
SfOLaJSCa Firm at 32 0 33c for S. I.
CoffH Rio firm at 15 16c, which is an advance on pre
Potatoes Iri-h le lb. Sweet quoted at 2r.
Salt Sales 8. T. at 13 & $15.
Friers Sale of 9 bales in bond at 14c
0at Sales at (1 53 Sb SI 63, and advancing.
Ojuoxs 9o lea of 1200 sacks at li 8 1 V lb.
SEW BEDFORD OIL HARK ETtTeek tmding Aug. 1.
Sriav There is a steady demand for sperm oil both for ex
port and home consumption, and the transactions since our last ,
i-mbrsce sales of 2ou bbls in parcels principally for export, at '
$1 TI per gallon. In Boston 500 bbls at 11 Zii.
W bus We have no change to note in the market for whale
oil, which is very quiet, bales of lOO bbls at 47c, and 70 bbls
lark at 41 cents per gallon are the only transactions in this mar
ket for the week.
Wbilebovc Tbe recent news of peace in Europe has bad a
favorable effect on the bone market, and we notice considerable
iorotry. - The sales since oar last embrace Sl.Ouo It A ret z and
Ocbotsk at 73 to 77 cents. 0,000 lbs Ucbotsk, and 3,000 do South
Sea at prices not transpired.
LATEST DATES, received at tki OMcr.
Saa Francisco-. ......Sept. 3
Panama, JJ. U. An. 10
New Yore, (papers) ...Sept. 5
H telegraphic, SV-pC 10
Tahiti.- July 4
London, (papers). ...July 24
telegraphic,. .Joly 30
Paris. July 30
Honjrkonj.-. ....... June 4
Melbourne, W Jane 16
Fob Saa Faasrrsco Per Yankee, in about ten day.
Fob I. sum and Hilo per Liltoliho, Thursday.
Fob Kivioui per Uholibn, Thursday.
Fua Kaiai per Excel, to-day.
pout or norxoLULU. h. i.
stepi.-18 Haw sch Kamehameha IVn Keyte, from F. Frigate
1 Br bark Humphrey Xeison. Chellard, 134 days from
19 Am bark Yankee, Lovett, IS days fm San Francisco.
30 Aid ship aspasia, gissoo, from San Francisco with
C S. mail.
20 Sch Excel, Kuheana, from Kauai, with 16 cords
wood, 1 bullock, and 27 deck passengers.
21 Sch Moikrike, Jlatt, from KahnlnL
21 Sch Kaluna, Antonio, from Kauai, (outside.)
Sept. 17 Am. ship Flying Eajrle, Bates, for Hongkong.
17 ch Hoi, Wilbnr, for Labaina.
17 "ch Maria, Moitenn, for Lahaina.
' 17 Sch Manookawai, Hjpini. for K'-haia and liana.
ik Sch Mary, Bcxrll. for Kawaihae.
2U II. I- M-'s eorvetto tVwtantine, De Majnqreaux, for
t Hi par
' Capt. Lovett, of the bark Yankit, reports: Sailed in com
pany with the ship Hurricane, tor Hongkong, and bark Onward,
for Jaiaa. - Tb ship Ocean Express, to sail in a few days, or
X'icda, the Sch "raitine t mat We left the pilot at S A. M.
of the 3d had light winds all the passage.
Cap. Keyte, of the schooner Kamekmeh "., reports ;
Was tr day na the passage to French Frigate Shoals, with
moderate easterly breeses,but at times very light. Sighted Bird
aw Xfwker Islands. ' Hove to six hours, waiting for daylight,
and at A. It. saw tbe Shoals bearing S. by W-, 7 miles, and
Island Proper 3. by W. 17 miles distant. Stood through the
entrance, hauled to tbe wind, and beat up 10 the desired islet ;
came to an anchor at 4 P. M. f mnd the party on tbe islet all
well, showing signs of having been very industrious daring our
absent. . On the following morning, proceeded to load the
schooner t.jj raising the sunken anchors, Ac, and taking tbrtn
on board ; remained two days, and started deeply laden on the
morning of the 3d, wind east, and current setting strong to the
S.W. ; kat the trades ia 27 N,aod along that and the adjacent
paralWU had very light aarfbaffiing winds from S.E. to S.; re
gained the trades in 26 0 Nnand 1569 T. stood southward, and
made east end of Molokai at daylight on the 17th, bearing S. 22
miles. Have not seen a sail during the entire passage, except a
fore and -aft schooner between Molokai and Manl. ' Tbe trade
wind hare been very unsteady, and veering m squalls from
FS.C, with a heavy swWL Weather throughout tolerably fair.
On siglitir.jf Necker I 'land, which we passed at night, I found
the posiuou given on the chart to be 20 miles from tbe truth
the lattode as given by Norie is 23 3 34, but is laid down on his
charts in 23 e &4 ; his longitude, as laid down alike both in his
Enitufne and oa his chart is erroneous 7 miles. Being a fine
night, I determined, by trustworthy siderial observations, tbe
followta? position t lat. 23 8 33 Nn and longitude 164 0 26 W. ;
this, I believe, nearly correspond with the positions given by
Capt. Brooks, of the Gambia. I suspected on my last trip
aflsoething was wron?, hertose I bad tbe ship's place as bearing
5.. 1 miles from the ieland. but could not see it so this time I
steeted more southward, and found tbe above result.
XT Bark Humphrey SSeUon, arrived on the 19th inst.. re
ports: Left Li rerpoul May 7, and during tbe greater part of
the passage had kght winds ami pleasant weather. May 31
tat 29 drg 48 sain ft, long IS dVg 41 min, spoke British bark
Abbotts, Beading, 21 days out from Liverpool fi Valparaiso;
May 24, bat 14 deg 20 min N, long 19 deg 04 min, spoke British
bark Virago, 1 da.ys out fht Cardiff to Montevideo; May 30, tot
3 deg 44 min N,nng 24 deg 50, spoke ship City of Tangier, 72
days out from Calcutta to London. Experienced strong galea
and heavy sen in the neighborhood of tbe Falkland Islands.
Wat about a month in getting round from tbe Falkland Islands
into good weather on tbe Pacific side. Passed the Cape in Uf
7 deg 43 min on the 22d Joly. On the 19th ury, in lat 5 deg
46- min S, long S3 deg 39 min. W, spoke British ship Minnehaha,
from Sunderland to Cadara, 75 days out. Crossed tbe line in
. the Facile on the 27th ult, in bU 110 deg 30 min. and sighted
C thigh lands of Maoi4 o'clock on the afternoon of Sunday, the
VESSELS IX PORT SEPT. 81.
Brit, nark Orestes, Mason,
liaw. bark MaWo. Fettjuch.
Haawvaiian bark Verden, Coppermann.
An. ship Eliza A KIU. Lunt.
Am Clipper ship Radoga, Barditt.
Am etipper ship Sylvia, Swasey.
Am wh Hiip Context, Ludlow.
Am. wh bk Talon, Hedges.
An. wh bk Caroline. Pontius.
Am. barkentine Jenny Ford. Moore.
Brit ship Oomelsa. Knight.
Br. bark Humphrey Kefcno. Chellard. discharging.
Am. bark Yankee, Lovett. discharging.
As, ship Aspasia. Msaoo.
rls) Eipeeled rreaa Fareia Pwrsa.
Haw. hark Gambia, Brooks, from French Frigate Shoals, due
about Oct. 1.
Am. ship Amethyst, Studtcy, from Boston, sailed August , due
in ail stecesnber merchandise to P. S. Wilcox. t
Am. etip. sn Ooidea Eagle, Lace, to sail from San Francisco the
mid' lie of September.
Am. ship Ocean Express, WiuXs, from San Francisco, on her
way to J arris Island to load guano, to sail about Sept. S.
Haw. sch Kinoole, Foss, from a guano expedition, due about
Am hark Washington Allstoo, , from Boston, sailed June
22, with assorted merchandise to Chaa. Brewer 2d.
Ana. ship Josaah Bradley. Dunbar, from Boston, to sail May 10,
amort ed cargo to J. C. Spalding.
Asa. ship Si am. Bice, from noston, sailer 3ay 8u'. with cargo
- whalemen's tores to C. A. Willi -oa 4t Co.
Ass rark Mmeka, Hamilton, fra Boston (via TahitLl sailed April
19, part of her cargo asst'd mdse to B. F. Snow.
A ship is expected fm Uongkonw in July, with asst'd cargo of
MarrOk aad China goods to-zlackfeid 4t Co. m
sjr ftiKtwv-per Yankee, September 19. Cabin
Miss B W Foster, i Sehreifaer and family. Miss Dennis a. id child.
Judge Pratt, Thos Cnmmings, Capt Edward Chapiiel. A I Cart
wright. K H BoMnson. A F Hanks, J II Davis, Geo H Monro,
Chaa Charters, Mr Lewers, Mrs Roderick and family. Steerage
Jaa Andrews, Jos Manuel Leon and brother, Win Wright,
John Edwards, Cbas Hunt, J H Harford, Along, Asun. .
From Saa Faascssco per Aspasia, 8e.pt 20 John Fuller, F
T " . CoaSTwaa. . .
For LAStars par Mot, Sept. 17 Q Thomas, R A 8 Wood, S
Thompson, Mr Uoffmeyer, Capt Gates.
For Iasiuu dw Maria. Sent 17 Her Roval Hiehneaa the
T Vinorta, Miss Pakt, kuas Lanwi, Governor Keknanaoa, '
. .Islakana, C ft Bisko?. ' - -r
KaWaM-per Kary, g. Jk JV-C Maey. -
r Jfmm Saarxn per Mot kulke, lpt. 21. rs J Booth.
svl U, oa board bark T
Onav P. jrf. I -
Frmaarisrst, i t w, U t,
. C. Pa moo, .
' School, aad,
nra, of 8aa
. . 4 that city
From Bas Faaxctsco rut Yankee, Ssrr. 19 1
Dr. Ford 9 boxes medicines.
A. P. Everett 2 cases merchandise.
O. C. Harris 76S pkgs mdse.
Win. Sunt 169 pkgs mdse, 2 horses, 1 dray.
D. C. Waterman & Co. 833 pkgs mil.
F. L. Hanks A Co. 75 brls flour.
A. Potter 9 pkgs mdse.
II. B. White 4 pkgs mdse.
D. M. Weston 12 pkgs mdse.
John Domini 25 bags oats.
II. W. Severance 13S pkgs mdse.
S. ti. Allen 32 do. do.
Oilman k Co , 1-ahaina 324 do. do.
F. Spencer 1 do. do.
G. B. Port 29 do. do.
A. D. Cartwright 9 do. do.
A. Fong 7 do. do.
N. W. Tallant 1H8 do. do., 1 cask mm.
P. S. Wilcox 75 pkgs mde.
Lee Sung 3 do. do.
J. C. Ppalding 31 do. do.
Wm. Cooper 1 do. do.
A. Fnng 10 do. do.
Somsing 2 do. do.
O. A. K II. F. Poor 53 do. do.
S. Savidge 10 do. do.
1 lotTchlaeger k Slapenhorst 2 do. do.
W. H. Tiffiiny 11 do. do.
Wm. N. Ladl 3 do. do.
R. Koltinson 6 do. do., 1 buggy.
W. A. Aldricri 101 pkgs tucrcliau 1 Ue.
C. L- Kichiinls 199 do. do.
Yon Holt k iieuck 2 do. do.
Miss R. W. Fosur 8 do. do.
James Makee 6 do. do.
A. M. A A. S. Grinbauin 4 do. do.
II. HoMein 3 do. do.
J. II. Strauss 30 do. do.
tloiirrey Rhodes 27 do. do.
U. II. JohniMW 4 do. do.
A. S. Cleghorn 2 do. do.
J anion. Green & Co. 200 do. do.
.M-Colgan A Co. 1 pkg do.
Chas. J. Lovett 3 cases axe-handles, 1 cs combs, 1 copier
boiler,' 2 casks claret. 30 sacks potatoes, 30 do onions.
Fao F. Fbiuats Shoals rsa Kamkhimeha IV, 8p-r. 18 1
llawlins A Co. 6 large ancltors, 6 boat do., 270 fathoms chain
cable, 12 brls pork, 16 do beef, 1 tierce do, 1 cask flour, 2 board
ing knives, 2 do harpoons, 2 ship's bells, 4 anchor shakles, lot
of copper bolts and sheet copper.
t SPECIAL. NOTICE.
The " Commercial Advertiser" will be
published during the fall season, or till December
31, every Wednesday and Satcrdai-.
WEDNESDAY, SEPT. 21.
. Ustastlsnity af Jairica.
Late London papers inform us that Lord Camp
bell, Chief Justice of England, (now Lord Chan
cellor,) recently introduced into the Ilousg of
Lord a bill for the abolition so far as relates to
civil causes of the law which requires that the
verdict of a jury shall be unanimous. Lord
Lindhurst, one of the most learned of English
jurists, opposed the bill, and the measure was
lost by a majority of sixteen notwithstanding
the high source from which it originated. The
House seemed to regard the proposed reform as
unnecessary, and as an innovation upon a custom
whioh had been tested and approved by long ex
perience. Lord Campbell urged in favor of his bill the
trouble nnl expense caused by the dissenting of one
... .-, . - .
juror; that a second 1n.11 was never so sausiaciory
as a first one; that tue necessity or returning a unan
imous Terdict often led to improper compromises by
tbe jurors; and lastly, that the operation of the change
he proposed had been attended with good results in
Scotland. In reply to him Lord Lindhurst stated
that the present law was one of the fundamental laws
of the kingdom, that it had existed some 500 years,
and had been admired by the most eminent lawyers
of the country, and that no satisfactory cause for a
change had been shown. He stated that Judge Best
says that in nineteen cases out of twenty the jury
never retire, and that in not more that one case in
500 "was it discharged in consequence of non agree
ment. He doubted whether a verdict rendered by
nine would be as satisfactory as verJicts now are, and
thought that the losing party would avail himself of
all possible litigation to set the verdict aside. If nine
jurors could render a Terdict in civil cases, he wanted
to know why tbe same number would not answer in
criminal cases. He thought the strongest argument
in favor of the present system was that by requiring
unanimity, full and complete discussion is incurred,
the minority instead of yielding too readily to the
iews cf the majority, naturally being led to resist
conclusions upon which they differ, and for which
their sense of duty makes them unwilling to be an
swerable. The Lord Chancellor, taking similar
grounds, cited a case" in which three jurors argued
with the other nine, and finally induced tbem to
change their opinions, stating that had the proposed
change been in operation, the verdict would have been
an unjust one, as the r.ine would hardly have listened
to the reasou.ing of the minority."
The subject of the modification of the law re
quiring unanimity in juries so far at least as
civil actions are concerned has given rise to
some discussion in the United States as well as
in England ; and the question bids fair to be
thoroughly canvassed. One imjortunt argu
ment against the policy of requiring a unanimous
verdict, is found in the fact that the opposite
system has always worked well, whenever tried.
In Scotland, nine out of the twelve jurymen are
sufficient to decide a case and perhaps in.no part
of the world are the ends of justice better attained.
In France, among several systems tried, that of
a bimple majority of seven against five has been
found to work the best though a majority of
the judges may, under some circumstances, set
aside, or change the verdict, to one of acquittal.
The Hawaiian, law, under which wo live, is
similar in this respect to thatof Scotland, and to
the law proposed by Lord Campbell in the Brit
ish House of Lords, with the exception that it
applies to criminal as well as civil causes. In
both civil and criminal cases,-nine out of the
twelve juryman are sufficient to render a decisive
verdict. In the experience of the Hawaiian courts
this law has been found to work well. It has
expedited business at the same time that it has
worked in accordance with the aims of justice,
and we believe it has given general satisfaction.
Indeed it is a question if a decisive majority of
three-fourths is not belter calculate for the at
tainment of substantial justice than the requisi
tion for a unanimous verdict would be. True,
the cases of disagreement of juries are compara
tively infrequent. Yet it has many times hap
pened that justice has been defeated by the oppo
sition of some stupid fellow, who could not or
would not be convinced of the merits of the case
or who could not persuade the other eleven " ob
stinate" men to come over to bis side ; and how
often, too, its ways hare been erverted by the
operation of bribery upon a single one of the
jurors neither of which cases could occur if a
majority of nine against three possessed the power
of rendering the verdict. In all ordinary trials
where the evidence is clear, and the case reasona
bly plain, at least nine out of the twelve jurors
are ready to unite in opinion ; and a law which
permits three-fourths of the jury to decide the
cause is beneficial tojthe ends of justice, inasmuch
as it prevents the case from being, virtually, de
cided by a small minority of three or less.
The old law which has so long existed in Eng
land, requiring a unanimity of jurors, has no
doubt operated well. Its antiquity, especially, of
fers a strong claim to popular favor. Nevertheless
it was deemed by so high an authority as Lord
Campbell, susceptible of improvement, and al
though the conservative British people are as yet
unprepared for such an innovation, it is possible
that at some future day they will regard it with
a more favorable eye. Certainly, if the law
authorizing nine of the twelve jurors to decide
tbe verdict, should work as well in England and
America as it has in other countries where it has
been introduced, the people would never hare
reason to regret ita adoption.
Th Dashawats. Mr. Mo DaJ.'i Jrtarw before
th Dosha way Association on 8turcL- j t, was
an admirable one perhaps the beet cf ;
The exercise of such talent oug to kavd .
though itcoald not have a Ntter.f r!.
think that a repetition of t :a l!i tli Let-.,.
5 sagseated on Saturday tr iot'
Vuakl.be well a4adil; and pw,-t. . w ;i .
The nest lecture w:!l be delivered oati ... C
Saturday rX.:. Yj-V.it C. G. Woodmen."
Trial of Thcu-r nssjsa,
Master of BritUh bark "OretUt," charged wiih
Murder in the Second Degree. -
. A special term of the Supreme Court was held
at Honolulu, on Monday, th,e VJ th of fcejember.
Chief Justice Allen and first Associate Justice
Robertson presiding A. B. Batei, Esq., appear
ed for the Crown, and J. Montgomery and J. D.
Blair, Esq.', for Prisoner.
The indictment was as follows :
" Thomas Mason is accused of the offence of murder in the sec
ond deirree commlued as follows : On or abnat the 21st .lay of
August, 185, within the Jurisdiction oT this Court, Thomas
Mason killed Joseph Watson without authority Justification or
extenuation by law, by forcing tbe said Joseph Watson, by blows
with a hu-xe club iKriufc a deadly weapon, and threats of further
vi dence. to escape Iteyond tbe power ofthe said Thomas Mason,
in doing which he caiiie to his death by throwing himself Into
the ocean from a Ujiit contrary to sections first, third and
seventh of chapter VII. of the Penal Code, the peace of Kameha
meha I V., his crown and dignity."
To which the prisoner pleaded not guilty. A
Jury was drawn from the panel which had been
specially summoned and approved by the Acting
British Consul. The Counsel for the prisoner
declined to make objection.
Mr. Bates represented to the Court that a
sketch of the evidence upon the examination in
the Police Court, having been published in the
newspapers with comments by one or more of
them, it would be proper to enquireof the jury,
if any of them had formed any opinion upon the
case, as he proposed to introduce no other wit
nesses than had testified in the lower court.
J. T. Waterhouse, of the Jury, said that he
had formed and expressed an opinion that Mason
ought not to have been sent up to the Supreme
Court, and was excused from the Jury.
E. P. Adams, was excused.
A. J. Cartwright, stated that he had discussed
the affair but thought himself able to give verdict
according to the evidence presented. He had not
read the published report of the examination.
Mr. Cartwright, after examiuation by the Court
and Counsel, was accepted. A. T. Lawton, ex
cused for having formed an opinion, was recalled
by Mr. Montgomery, and asked if he had formed
a conclusion. Mr. Blair argued that an opinion
formed from newspaper report was not a legal
objection to serving on the Jury. Every man in
this community, who is fit for Jury duty, reads
every English newspajKjr issued at the islands.
But 6uch a report is no authority and would not
be here introduced. The testimony of the wit
nesses might now bo entirely different from what
was previously given. The question was whether
the Juryman's mind is so biassed that he cannot
chaDgo his opinion, and bring in an impartial
The Court having conferred, Judge Allen said
that the glory of a Jury trial was the perfectly
independent, unbiassed and unprejudiced mind of
the Jurors. This was what we wanted. Though
t .would be inconvenient to summon additional
Jurors, yet it would be far more inconvenient to
the prisoner to have a Jury against him. It
would be letter to send to Maui for a Jury.
Take the case of Mr. Lawton, lie has very pro
perly stated that he has a preconceived opinion.
Ie is therefore incompetent. The Court stated
as the rule that the question was whether the
Juror has a bias for or again.xt the prisoner, such
as will require previous evidence to remove. Six
gentlemen having lnjen thus excepted the Jury
was finally sworn us follows-:
Francis Pcncer, ' Charles N. Spencer,
J. C. Ha.ll. y, O. J. Clifford.
Thomas Hughes. J. S. Walker.
Charles Brewer ad, A. J. Cartwright,
Oeor-.-e Clark, V. W. Vincent,
lleore C Mclean, '. P. Ward,
Mr. Bates in ojiening the case stated that the
ircumstanees were peculiar a special Jury at
the request of the British Consul and the trial
brought in at this early day without waiting fur
the excitement to subside. But it was due to the
Consul to say that he had immediately written a
note, to himself, (Mr. Bates) requesting him . to
take such steps as justice might require. Mr.
Bates read the indictment and the law which is
Penal Code, Chaitek VII., Skc.M. "Mur
der is the killingof any human being with malice
aforethought without authority, justification or
extenuation by a law." Sec. 3. "All murder
committed without deliberate and premeditated
malice and all murder not coming within the
meaning of the 2d section is murder of the second
degree," which by section 7th is punished by im
prisonment at hard labor for O term of years not j
lew than five nor more than twenty.
The life of the prisoner, Mr. Bates remarked
wsis not in the power of the Jury, as he believed
had been the public impression. By nection 9,
under an indictment for murder the Jury may
return a verdict for murder in either degree, or
for manslaughter which by section 8 is killing
without malice, under the sudden impulse of
passion excited by provocation or other adequate
cause, and punishable by imprisonment at hard
labor not more than ten years or by fine of nyt
less than one thousand dollars nor more than ten
It would not be denied that Joseph "Watson,
on the day alleged, went to his final account.
How, was the question. He claimed that it was
by the act of another. The prisoner was master
of a vessel in the harlor, the deceased was a sea
man of the ship. ' This action did not take place
on hoard the ship, but in a boat while making an
excursion on Sunday outside the harbor, not in
the discharge of duty and while the captain had
no authority over him as a master. Though he
woul4 allow the muster to have plenary authority,
still it must be clearly in, the discharge of
his duty, and in emergencies only that he use a
club upon a man, and so he should ask the Court
to instruct the Jury. In the present instance the
Captain had forced the man beyond his duty
and if by any means he had intimidated the lr.an
or driven him to desperation he was responsible
for the consequences by our' statute and by the
common law, and extenuating circumstances are
to' be considered by the Court and not by the
Thomas Fitzgerald, second officer ofthe Orestes
sworn, deposed that on or about the 21st of Au
gust last, he accompanied the prisoner in a boat
outside the reef together with Joseph Watson
and William Lamb. It was Sunday between two
and three o'clock in the afternoon. We went
out two miles beyond the outer buoy and a
quarter of a mile from the reef. Watson was
taken to bail tbe boat.
The Captain asked Joseph Watson, if he would
like to go in the boat to Melbourne with him.
" No sir," said Watson. " I'll make you go,"
said the Captain. " No sir, you will not."
44 When the ship is ready you must go." 44 No
sir, I will go neither in the boat nor the ship."
Some conversation occurred about a tract called
"Poor Joe." 44 Was that you Joe?" inquired
the Captain, "No" replied Watson, "it was not,
perhaps it might be poor Joe that was on board
the Orestes, on bread and water." Give me no
more of your insolence," said the Captain, "or
I'll put you there again when I get on board."
There was a further altercation, when the Captain
struck Watson with the tiller on the left shoulder,
Watson .itting three feet from the Captain bail
ing oat the boat. . The Captain struck him a gain
Witness jumped up and received a part of the
second blow and said "Captain, t. that's .enough.
nd more 01. t i in the ; boat. ".Captain 6truck
Watson tV 1 t r 2. Watson mid , "Captain ,;
-u not i,. Lg til "1 raein the boat." "With
taon j-Jipe I tip and hove himself riht j
" t Vri boon and over-board, . put 'til
-.nd j c it,, "save ne." " Ma . cr-.
"-s?' ' ' fa thetterncf f
, in r !t :het. ' tVj
being overboard Uie Cl 'jl - stAj 4 ;d the tiller, ;
put it hard up, and1 ordered them to lower the
mainsail and wear the bo&L. "Witness thought
she should have been stayed. They got out the
oars and being without rowlocks, put them in the
riggig and endeavored to pick up the man who
was now about 35 fathoms astern. The boat was
running six to eight knots per hour when Wat
son jumped over, saw him rising and sinking in
the water three times, after which he disappeared.
They waited a few minutes and made sail for the
harbor. None of the parties seemed to be in
liquor at tbe time.
Cross Examined. The gunwale was more or
less under water tiil we come round the point
of the lxKun would not dip when the gunwale
was under water. Watson jumped from the
thwart for the boom. I caught. the second blow
and partly intercepted it and tried to prevent the
third striking. The blows followed each other
quickly after the third blow, Capt. Mason had
the tiller in bis hand; but not threateningly.
The cross examination was quite protracted.
"William' Lamb, sworn, deposed like the last
witness us to the sailing out with prisoner and
the conversation between him and Watson,, said
that the first blow hit Watson on the breast and
that Fitzgerald parried the third blow and not
the second. Could not see if- Watson was hurt
by the blows, they followed so quickly. Watson
had not time to step forward. The bottom was
full of ballast. He could not catch the boom
because the sail was round it. He 6truck against
it with his breast. He sunk and rose toward the
boat and sung out ''save me." It was not half
a second from the time the third blow was given
till-Watson jumped overlxard. He had time to
say to yie Captain, you are not going to kill me
in the boat. Think the tiller was out ten min
utes altogether the boat
Course that time without being steered and not
come into the wind ; the boat was close hauled.
Cross examined at length ; much of what was
elicited in the examination of these witnesses,
which occupied till half two P. M, when the
Crown rested will be found in other parts of this
Mr. Montgomery, then moved that the Jury be
directed to acquit the prisoner on the ground that
the evidence did not sustain a material averment
of the indictment to wit, that there were threats
of further violence. Whereas the evidence was
that after the, third blow, the Captain turned the
tiller back in his hand and made no further de
monstrations. Watson might have retreated to the bow of the
boat bad he leen in rational Uread of future
violence of which however there is no proof. Mr.
Montgomery further urged that there is no proof
of the death of Watson. His bodv bad not been
produced. The man might 60 far as the evidence
is concerned, be now alive in the wilds of Hawaii.
Further it is not in proof that the offense alleged
was committed within.the jurisdiction, to wit one
marine league from the shore. And if not proved
it could not be presumed against the prisoner.
On these grounds, Mr. M. moved that the Jury
bj instructed to discharge the prisoner.
The Court puled, that as to proof of the death
of the prisoner it was the province of the Jury
and not the court to decide ; secondly as to threats
of further violence it was for the government to".
show tiiat the deceased jumped overloard from a J
well grounded apprehension, to the satisfaction
of the Jury. The case must go to them.
Mr. Montgomery proceeded to open the case
forthedefen.se. He would show that a part of
their testimony was conflicting, a part from the
nature of the case, impossible. And to a part
ebuting testimony would In? opposed. He would
show by respectable witnesses that from the stern
sheets of the boat to the thwart where Watson
sat was eight feet distant, and it was quite im
possible for the Cuptain to have reached him with
the tiller. He caWed the attention of the Jury
to the difficulty of Capt. Mason's position, the
only witnesses to the transaction being hostile to
him. Their evidently hostile demeanor and their
contradictory statements would not fail to the
E. J. Smith was sworn for the defense to tho
correctness of a draft of the sail boat presented
y the counsel for defense and to measuro the dis
tances upon it. rrom "Watson's scat to Capt.
Mason w as 7 feet 5 inches. Capt. Mason holdine
the tiller in his hand, extended his ami and the
tiller a, distance of but 4 feet 10 inches. From
the center of the after thwart to the center of the
mast was 5 feet 9 inches. The boat was 22 feet
Drew, 1st officer of the Orestes, deposed
that Capt. Mason on the Sunday evening, ordered
Mr. Fitzgerald in irons, not for going ashore with
out leave, but on account of an altercation with
witness. Witness had sailed in the sail boat,
had tried sitting in the seat where Mason sat to
reach with the tiller, a man sitting where Watson
had, and could not do it. Fitzgerald, after com
ing on board that evening, mentioned that he
had been struck on the arm, did not complain of
lwing much hurt. The Captain took tho boat
out to try her in a seaway, as the Orestes lieing
in a leaky condition, there might be need of the
small boat. Watson was of very little use on
shipboard, was no sailor.
Cross examined. Mr. Fitzgerald was sent to
his room for having words with the Captain ; and
for an altercation with witness, the Captain or
dered him to put Fitzgerald in irons.
W. 11. Morton, a convict, was sworn to dis
credit the government witnesses by proof of
statements they had made while in prison, of
hostility to the prisoner. Several other witnesses
were here called on minor points of testimony.
The testimony being closed at II A. M.,on Tuesday,
Sir. Montgomery proceeded to argue the defense. He
would decline to notice the point that Capt. Mason
naa exceeaea uis authority in taking his men out on
Sunday. He cited authorities to shovr that it was
necessary that death resulted from well grounded
apprehension of future violence and further attacks
which would endanger life. But it was in evidence
that during the striking, Capt. Mason used no threat,
in fact, said nothing, and im mediately after turned
the tiller back in his hand and lowered it, and that
after deliberation Wntson, from some unaccountable
motive, jumped overboard, when he might have re
treated to the fore part of the boat. It would be evi
dent to the jury that Fitzgerald and Lamb were
hostile to the prisoner. It would be impossible,
measuring the distance from Mason to Watson, and
the length of the tiller and of Mason's arm, that
Mason could have hit the deceased. The testimony
of the two conflicted with each other in many im
portant particulars, upon which, and upon discrep
ancies with the testimony of other witnesses, going to
impeach it, Mr. Montgomery commented in full. lie
asked the court to instruct the jury that without
clear evidence of such well grounded apprehension of
future violence, Capt. Mason could not be held re
sponsible for the death of Mason.
. Mr. Blair followed Mr. Montgomery for the nrionn-
no arguirc mat tne law as adduced by the Dis-
A . i ,1
11 .... . . " r
trict, Attorney, was not applicable to the case ; that
there had been no proof of Watson's death ; that
there had been no proof tbat the act had occurred
within the jurisdiction of this kingdom and of this
court. He believed that the testimony showed that
Fitzgerald had been tbe cause of the death of Wat
son, if Watson was dead, by his neglec t to execute
the order of the captain to wear the boat. Mr. Blair
commented upon the discrepancies in the testimony,
and closed the defense by .an appeal to the jury to
consider the weight of punishment to which, at the
lightest, the prisoner must suffer if brought in guilty
of a crime, which -Mr. B. urged the evidence did in
no way support.
Here the court adjourned for an hoar, and met
agam at 2J P. M., when Mr. Bales summed up for
the crown. He disclaimed any powers of persuasion
to influence the jury unduly against the prisoner,
tie would not discuss tbe propriety of usine the 8ab-
Dain 1 aj, for an excursion. Vfaile he would not deny 4
to hip-masters all the power which tie:r responsible 2
situations required, heeontenirl tl ttifc power was
ttnoOy limited ; the master ie 1 t ' .'.led in usinz
any more force than U tbnlttu iry fir the
I"" "7-f seenrmjj obedience.
It must be an act of disobedience that is punished.
The risht of the master is limited to coercion to the
discharge of duty only, not to unnwessarxserviee.
In this instance, he bad no right to usv rcioo.
The offense was clearly within the jurisdiction , of
the Court. Else why Lad the British Consul asked
this special jury for the prisoner's trial ? The juns
dictionof the Court extended three miles from a line
from Diamond Head to Barber's Point, and it was in
testimony - that the occurrence was within a quarter
of a mile from the reef. He argued that it was un
reasonable and improbable that there was a conspir
acy between the witnesses for the proecution against
Capt. Mason. He denied that by the evidence it was
impossible that the prisoner could have hit Watson.
Heegardedthe alleged insolence of Watson, pre
ceding the striking, as induced by the Captain, and
denounced the assault upon him as most cowardly.
Mr. Bates' argument was quite lengthy over three
hours and we are unable to give more than the
briefest outline. .
Judge Allen then charged the Jury in substance
The care for human life is the glory of the Com
mon Law of England, and every man who causes the
loss of life is held to a rigid responsibility. It is our
duty to come to this case, in which such a responsi
bility is involved, with an impartial mind. The
Jury must carefully examine the facts, and decide
whether they can put their hands upon their hearts
and say that the defendant is guilty. The consider
ation of this case, like most others, must be brought
into comparatively a limited circuit, and the decision
must depend upon a few points only. In the first
place, as to the question of jurisdiction, tbe evidence
is that the boat was within a quarter of a mile of the
reef, and consequently the. affair is undoubtedly a
matter of judicial cognizance as much as if it had oc
curred in Honolulu. The next point in the case is,
whether Joe Watson is dead a point which has been
dwelt upon by the counsel for the defence. In con
nection with this point the Judge read the evidence
referring to it. Now, Gest.emen, you as sensible
men, must take the testimony, and say what you be
lieve to have been the result ou Watson's life. Then
should you give your opinion that he is dead, the
question is proposed, " Who was the author of his
death?" It has been urged that at the time of this
affair the Captain was not Btrictly in authority over
Watson. It is a principle in our Courts and the
Courts of England that a master of a ship has direct
responsibilities of property, men and life. Ha has
the right of inflicting moderate punishment for
neglect of duty, gross carelessness, insubordination
and insolence. He has the authority, as thelaw says,
of a school master over his pupils, or a parent over
his children; but should he overstep his legitimate
authority, he is held to a strict responsibility. In
this case the Captain, according to the evidence, in
cautiously commenced the conversation with Watson
in a maimer unbecoming his position as a master. If
a master is ffuilty of commencing a dispute with a
seaman without cause, he has no right to ptfnish him
for replying. The most eminent jurist iu maritime
law declares that he that would command others
must command himself.
In this case defendant was in a safe position in a
boat near shore. You are to consider whether under
the circumstances there was any occasion for him to
use that tiller, and if he used it, and if such use in
your opinion was excessive, and exhibited a brutal
fcpirit unsanctioned by the law, you are then to con
sider whether he has not been found guilty of a pal
pably unlawful 'act ; and then you come to the great
question whether it so operated on the mind of Wat
son as to afford well groun.led apprehension that the
Captain would pursue him with additional violence.
jeopardizing his life, or whether the blows were given
only in a manner to express the t.aptain'3 disappro
bation of Watson's reply. If the Captain used this
instrument in a way to inspire Watson with a reason
ble fear fur life, and he jumped overboard on that
.account, in some cases in England, the law declares
the deed to be murder. Here it is homicide. It has
been urged that Watson might have gone forward to
escape from the Captain. It is not necessary that a
man in such a position should take the best course to
escafte. The law does not require ill The question
is whether there was a well grounded apprehension
of such violence continued as would endanger his
life.. If you believe there was, you will find the
prisoner guilty of murder in the second degree as
charged jn the indictment, or of manslaughter, ac
cording to the extenuating circumstances of the case,
and if there was no such well grounded apprehension,
it is your duto find him not guilty.
The jury having been unable to agree on an ver
dict, up to 11 o'clock last evening, the court was ad
journed at that hour till 0 A. M., this morning. They
remained closeted all night, unable to agree, and may
return into court without a verdict.
NOTES OF THE WEEK.
Hoxolcmj Fcee Scuool. A few mornings since
we paid an interesting visit to Mr. Ingraham's school
for the children of foreign parentage, in Honolulu ;
and were glad to learn that at the present time it is
flourishing finely. The number of scholars keeps up
well, and their general progress along the weary paths
of learning is very good. Mr. Ingraham has now
fifty pupils, of whom about forty-five are present ev
ery day. They are of all shades, and of many na
tions ; comprising among tbem only thirteen chitdren
of unmixed nationality twelve whites, and one na
tive, who is the adopted son of. a foreigner. Among
the nations represented in the school, are the Eng
lish, German, Welch, Scotch, Irish, Portuguese,
American, Chinese, Peruvian, African, Hindu, and
Hawaiian ; but the Welsh is, (excepting Hawaiian)
decidedly the predominant blood. Many of the
children are orpuans and yery few of them have,
at first admission, any knowledge of the English lan
guage. This, however, they rapidly acquire the
native tongue being tabu about the premises. The
school is one of the best institutions of Honolulu.
Its sphere lies among a class cf children who possess,
as a genera,! thing, more intelligence, and a greater
capacityor letrning than the genuine Hawaiians,
and who, in many cases, without it, would be suffer
e 1 to grow up in idleness and ignorance. A large
number of children have been prepared here to be
oonie useful members of society. The school is kept
six hours a day, for a term of forty-four weeks in
a year, which is a greater amount of schooling than
is either necessary or desirable in this warm climate.
Five hours a day for a term of forty weeks, like the
other schools, is long enough.
A Suspected Slaver. The following paragraph,
copied from an eastern paper, will be interesting to
many of our readers. Captain Silva was an old
whaleman, well known in this part of the world.
He left Honolulu last fill on a homeward cruise :
44 The ship Atlantic which has been fitting at New
Bedford since her arrival on the 80th June, for a
pretended whaling voyage, buf which has been sus
pected of not beiiig exactly in that line of business,
was on Thursday last tnken in charge by United States
officers, upon information lodged in Boston, by par
ties residing in New York. The Atlantic, which had
been in the stream for several days, finishing loading
and taking in water, cleared for the Iudian Ocean,
was towed to the lower harbor and was to proceed to
sea mat morning. Having waited, as it has been eeen,
for some passengers who were bound to Fayal, where
the ship was to touch. Her officers and crew were all
on board. The Atlantic is a snip of 69'J tons, was
built in 1836, and is owned by her commander, Capt.
Francis J, Silva, a Portuguese, but a naturalized cit
izen of the United States, having purchased her of
Capt. J. S. C-Maciet, master and owner of the ship
Comoro, brought to this port from Boston, and now
fitting for a whaling voyage. The Atlantic was for
merly a whaler from New London, but has lately
been engaged in the merchant service out of New
York. Capt Silva was formerly master of ship Got.
Troup, of New Bedford. The matter remains in
From the N. B. Standard we learn that the At
lantic was supposedto have been purchased, together
with the ship Comoro, in behalf of a Havana firm,
for the slave trade. She was to be discharged imme
diately, in order that she might be starched.
The Funeral of Mr. Poor The remains of our
late fellow citizen, Mr. Henry F. Poor, were consign
ed to the grave on Sunday afternoon lust. The servi
ces at the residence of the deceased were conducted
by the Rev. a C. Damon. The body, attended by a
large concourse of mourning friends, was then con
veyed by the brother Masons of the deceased, to Nuu
anu Valley Cemetery, where it was interred with
masonic honors in the lot belonging to the order.
Mr. Poor was the master of Hawaiian Lodge. No. 21
in this city. Among the kind testimonials of sympa
thy offered on thn occasion, one was peculiarly aupro-
pnate. A beautiful wreath of flowers and everirreen.
symbolic of the never-ending summer, which follows
the life of the4good Christian on earth, was nlaced
upon the coffin and deposited with it in the grave.
It was prepared by r -y Sumner.
A' foAX KKci.IIytsia is making proselytes
amonjru. . t as possible. Under his aaspices.'a
very lircMcj ceremony was performed on bod
the r-nkee, on Monday aft.rnxm. after her arrival
wi:.ej for their f.tt.. ' - '--3. ,
- - - -v . ... . . .' . . - : .
The No Arrival or a JIaju Oa Monday after
noon last, after several false'sJarms. one of which en
ticed a number of parties' oat as far. as Diamond
Head to meet the Yankee, which, to their great,
chagrin, tnrneoout tb be the Humphrey JVflsonfrom
England, the mail signal was at length hoisted on the
outer telegraph station? Business ceased at onoe in
tbe stores, merchants and clerks came forth together
to watch the signals, the post-office boat started out to
meet the long expected mail, amid deafening shouts
from the people on the wharf, and betf ran
twenty to one, and were not taken at that, that the
mail would be ashore in two hours. The street
began to assume a gala appearance. The' lookouts
were quickly crowded, and when at length the well
known symmetrical proportions of the Yankee ap
peared from behind Diamond Head. and. all doubt
was dispelled, the mail flag was unfolded to the
breeze above the post-office, everybody drew a long
breath and felt as if hope deferred was about to be
rewarded at last Finally, after what appeared to
all an interminable delay, the mail boat returned,
and it was proclaimed that tl Yankee had no mail !
Faces elongated visibly. The crowd concluded that
they bad been handsomely sold, and it was immedi
ately voted to adjourn.
The Aspasia, which left San Francisco with the
mail two days before the Yankee, was so detained by
light and baffling winds that she did not arrive until
the day after that vessel. This is the second time
that the Yankee has arrived here without the mail
in advance of clippers who had it.
One Whale a Day. The life of a whaleman is full
of hardship and danger; and only a Btrong hand and
a stout heart can secure advancement in the profes
sion. A great proportion of those who embark in it
from the home ports, know little of the trials that lay
in the long "cruise before them. But a few weeks
since, we published an account of a whole class, just
graduated in one of the northern New York colleges,
embarking together, for a three years cruise in a
whaleship, before the mast ; and we are now told of
another young gentleman, who, Batiated with all the
J pleasures that a comfortable home could afford, re
solved to seek a new variety of pleasure, and a quick
er way of making a fortune, by shipping as a green
hand on board a whaler. 44 It's of no use," said he,
44 to dissuade me. My decision is irrevocable ; and
ld go even if I was sure of never catching more than
one whale a day I "
Tue Shooting: Affair at Lahaisa. As some of
our readers have expressed dissatisfaction with our
course in not giving a report of this occurrence, it is
but proper to say that we were assured by the govern
ment editor that a statement would be made in his
paper, on Saturday last, as we understood him, and
and in deference to His Majesty, we preferred waiting
for such official account. The reason why no state
ment was made in the Polynesian last Saturday, was
that the account as drawn up had not been returned
from the King, but it is expected to-d&y or to-morrow,
when it will be immediately published. We are not
blind to the gravity of the case, if current rumors
are correct, but reasonable deference to His Majesty,
who is the principal actor in it, should allow Him
first to make such public statement as justice to His
Personal. We are happy to note the arrival of
our friend, Jacob Schrieber, Esq., of San Francisco,
an old subscriber to the Commercial, who is almost
the only dealer in pulu in that city, and who sells
hundreds of thousands of pounds of the article, fill
ing orders from Vancouver's Island to Chile. By"
his tact and shrewdness, principally in advertising,
he has monopolized the pulu trade of the Pacific.
He comes now to see and learn more about the islands,
and particularly to visit the pulu region and volcanic
elephants existing on Hawaii. We wish him a pleas
ant visit here. '
Quick Work. When the busy season comes,"Hur
ry " is the watchword in Honolulu. A few morn
ings since we observed the carpenters employed up
on the completion of a wooden building, the frame
work of which had suddenly sprung up, like a mush
room, near Everett's old auction store. The next
day as we passed the same place, we found that the
carpenters had gone, the building had been paintei,
the shelves within were stocked with goods, and the
proprietor of the establishment was sitting on his
counter waiting for customers.
Food for the Bees. The swarms of bees intro
duced some eighteen months since, upon our group,
continue to multiply and increase j and in the course
of time we shall have many stray swarms in the
woods, as well as domestic swarms in the gardens.
It is said that buckwheat may be sown with profit
for bees. When there are a number of hives, a buck
wheat field in blossom near by will pay for itself in
the superior amount and quality of the houey pro
duced. We are requested to mention that the state
ment in Mr.-Maclay's letter to a California paper, to
the effect that the Catholic mission on these islands
received an annual stipend of $200,000 from the
French Government, was the result of a misunder
standing on his part not of an intention to mis
represent. He derived his information from a source
which he had, at the time, every reason to believe
Civil Code. We continue on our fourth page the
publication of this lengthly but important Statute,
embracing from section 074 to 1117. The subjects
treated of are
ControTereies alxmt Rights of Way,
Apfals in trittls,
The lsuin nt Executions,
The time of Cominencinjr personal Actions,
Invention of Frauds in Contracts,
Attorneys and Counsellors,
Masters in Chancery,
Contempts in Courts
Practice in Courts of Record, &c, kc.
The roisoNisa Ncisance. The mortality of dogs
still continues. On Monday morning many wen
fouud dead in various parts of the town. The re
ward of $300 appears only to spur the offenders to
renewed efforts. The imnression apoears to be train.
a A q
ing ground that the poisoning is done by a gang of
scoundrels, perhaps coolies, who wish to have a bet-
her field for hprglary operations, perhaps some whole
sale robbery like that, of the custom-house. At all
events, our towns-people had better be on the guard.
The Wreck of. the South Seaman. The Kame
hameha IV., which arrived here on Sunday from
X reuch rtg-ate Shoals, was loaded down with an
chors, cables and other heavy material, to within a
few inches of her deck. It is possible that the Gam.
bin will bring up the remainder of the articles, and
that the Kamehameha IV. will not be obliged to re
turn. For interesting memoranda, furnished by
Capt. Keyte, see marine column.
The Equinoctial. To-morrow, the 22d inst. is
the day of the autumnal equinox. At thirteen min
utes past nine o'clock in the morning the sun will
cross the line. The old theory of the sun being in
variably accompanied in its passage across the line
by a heavy storm, the world over, has long since ex
ploded ; and it is possible that for want of a better
we shall have to call the thunder storm of last week.
the equinoctial storm.
Island Postage. The new system of postage
seems to have worked very well thus far, and the
stamps are getting to be quite popular. There has
been comparatively but little falling off in the num
ber of either native or foreign letters passing through
the mails. A few persons still neglect to stamp their
epistles, and as a consequence, tbe letters go to swell
ine contents or the dead letter bag.
Unanijiitt of Juries. Since the article in anoth
er column respecting the unanimity of juries was in
type, it has been suggested that the best way of se
curing the desirable end would be to make them con
sist exclusively cf ladies, 44 As it is proverbial that
women never do disagree." there would not be tfc.
slighlest diSculty Iu securing a nnanimoua jeid:c:V
Old Fac -
the arrivals f the Yankee t I
. " . - ' "5
u-. .i .c::.trt Mt.:. ; r
-Uiar faces, thit Lid been xc"
lT His Excellency the Governor of
panied by a numerous suite, took pwai-
rta for Maui, intending also to visit H.
the absence of the Governor, Robt q V" 1
will discharge the duties of the office
The Mot-inezr, or' the Junior. ;
of "the Boston Courier, writing from
tributes the commutation of the senj!
mer, by the President of the United &
to the importunate entreaties ofthe Im1'
Depasture. H. L M. Corvette Const.
De Majoureaux Commanding, gajj
yesterday afternoon, and Honolulu i
man of war in the harbor. etij
Ice. A more delicious or refreshing 1 ' 1
not be invented than ice in such iiprJ
as wht we now have. All who can tsJH
Our thanks are due to Mea, t I
Merrill, C. W.' Brooks, J. W. SallWaa id
dan, for late newspaper favors. V
Left Oct A letter from our &iu p )
respondent is crowded out till SaturJaj
We are specially indebted to Csm i
e Yankee, for favors in the news line. ,
Seven Days Later from the
The bark Yankee, Captain Lovett, trriTej J
port on Monday afternoon, the 19th inst, lg j.'
from San Francisco, which port she left on fit" 1
ing of the 3d. On Tuesday morning, tbt 204. '
rived the Aspasia, with the eastern nufl,
nineteen days passage, having left Sn PruA, '
the 1st inst. .
The Ocean Express was expected to laJ
the 8th, being detained by the difficulty of ptjjj
a crew. M
By the arrival of hese vessels we hit W
leans telegraphic dates to Aug., 12, New Tut J
of Aug. 10. and European dates of the SOta JthJ
, , . At " 1
seven uays later man previous aavioes.
It is reported that Com. Vanderbiltistt.
steamers -A'orfAcrn Light and .Yorlh SuJ
Pacific Mail Company, for S' 500, 000, and r4
tinue his 'opposition line the 1st of October. I
The Panama Railroad Companj'i new naa;
Guatemala, arrived at Panama on the It Hi jjo
having made the run from New York in 63 iW
1 hour, constantly under steam ; hnmsW
was 59 days 21 hours.
Nine guns of rifled ordnance, on trials J
Monroe, have been fqund far superior to tttzt
bore, after a very severe test. j
Senator Douglas has written a letterJtJs
Peyton, of Stanton, Va., in which he takes thtrW
that there should be no difference in the ie
protection extended by tbisfioTernmenttoiusiri
naturalized citizens. Mr. Douglas expresses
position to the re-opening of the slave trJe,lu
the abrogation thereof was one of tbe
whereby the Constitution of the United Strsi
originally adopted. I
The United States Marshal says that a cub if
Africans has been landed on tbe coast of U
near Tyrna, and that after landing theo.?
vessel was set on fire and abandoned. I
Naval. The steamers Mohawk, Wnkl
Crusader will join the home Squadron. TVs
era Mystic and Sampler were about sailing fc
Coast of Africa.
In port of Panama United States tioop4
Vandalia awaiting orders. I
The United States steamship lVam,vrJ
Panama on the 16th instant, 31 d.ijgfroinSa.'i
Cisco. United States flag ship .1erriiue, ir
on the morning of the 15th instant. j
Flag Officer Long goe home in the.Vouj Ji
and is relieved by Flag Officer Montrown.j
hoists his flag on the Merrimac, until tbe
the Lancaster: ' I
In port of Aspinwall United States lir
Roanoke, Commander McCluney ; . Uaitei a
ungate Sabtne ; United States sloop-of-t tr J
ri : Ititp
General Earapran "
A Paris letter in he JS'ord sayi
to leave in Italy about 40,000 French trtoft
certain time, , in order to provide for all tk
ualities which may arise in the laborious tii '
re-organization of that country, la thepirn
followed for the accomplishment of this ef
there is a complete understanding betireesfc
peror .Napoleon and KTbg -Victor Emstai i
drawing up and signing of the preliminirierff
between the plenipotentiaries of France tad &
are, it is said, to take place at Zurich, ft'
liminaries are afterwards to to commookst
Powers which sitrned the treaties of 1S15. i
communication, Enrope will be called on to ec
the basis of peace, to give her opinio Mi
means of re-organixing the Peninsula, aud !
adhesion cause the establishrrent of thelaT ,
federation to enter into the pi.b.ic law ofEew
The Government of Denmark has ceded tbe
of St. Thomas to the United States. j
The Beige states that the first Autriu ert
armee will for the present be maintained is 11
a war footing. I
The Invalide Russe says that Austria mA!
may make whatever treaties tbey please, W
fixing the lot of Italy they are b)iind tu astt-,
currence of the rest of Europe, . 1
It appears that one of the results of tbe v&
the two Emrwmra at. VJllftfranc. was a
. . fv.v.v . iV-'J
providing for the removal ofthe remains m- .
II. from Vienna to Paris. ( ,1
v A deputation headed by Prince Xipoie
proceed to Vienna to take the remains
Reichstadt (Napoleon II.) which aredepiw"'
Augustine Monastery, at Vienna, andeoajfl
to France, where they will be placed I
his father, Napoleon I.
Half. ' J
Advices from Turin represent the exe !tes '
was at first created by the announcement 0.
of the peace has considerably subside-i1"
comparative tranquility has been rsstoreJii
the Italian provinces. , . (
An article in Le ,Yord newspaper w
French troops are to remain in tbe Dw"
serve order. 'i
A letter from Milan states that tbe .erf'
are commencing a dangerous nr',,'.BJLi
that an insurrection in the Venetian kin?
ticipated. . ,
The various Governors appointed by
Emanuel in Modena have been rl',h,'.r?'t;4 1
governments turned over to the Mun;cftj
The result of the vote upon the subject
nexation of Tuscany to Piedmont, ss rcwei
141 places, including Leghorn and
809 votes in the afiirmative and onlj 15 '
It is reported that Count Wslewsku
Foreign ilinister, has submitted to tbe ,
ers a plan r.r the Italian Confederation,
poses to dividb Italy into seven States, w K
nominal Presidency to the Pope, M(U?.
King of Sardinia and the Kinff of P".,
the actual beads of tbe Confederation.
cise their functions as executive President
ly. According to this plan, tbe Jr"!
tua, Gaeta and Placenza are to be Jjt
Federal troops. In the Italian Fe(,e!j!
Duchy of Parma is to have one
the Pope two, Tuscany two, Sardm
Naples three. .
The proposition makes provision tor l
the Grand Duke of Tuscany and Model
tion of their granting a general n,nfL fel
offenses, and instituting salutary refer" ;
ministration of their government. $
The Venetian Kingdom-is to form p" rfj
federation, but to remain under "iLtiA
The Austro French Conference, if u'1
at Zurich about the 1st of August. jt
The French fleet has sailed from '
tions in the Adriatic, and the French -meflced
leaving Italy. .
Xf TVa rTimkiwita t... Kaan named Al 10 v.'
Plenipotentiary to tbe Zurich Confertoo ,
tria refuses to meet any representative or
an f)amrniiiit . ..
xne urand uuke or Tuscany fr
H fvrzrcf bis son, but thetop
r neat of Tr"--y ot'ct to t-.1
and are in f.i.r'T t--.-'
it f ree It r r
trury. O Lctrr t T i i