Newspaper Page Text
TUESDAY MORNING. JCLY 20, 1841.
I'ortiro ?Thuptr-r* of Baruaby Budge, nerer
before puSsli*ht-d in thin country, net Foorth Pagt.
TT For a variety of intereatins matter, nee Firxt
DCT Ought it to ht in the pover of a minority, koicerer
small, of a Legislative body to arrest and protract indrf.
nitely the action of that body .'?This i? an important ques?
tion which the People should calmly consider and discuss.
It strike, ua that to affirm such a right practically nullifies
the fttrrdarntMt.1 principle of Republicanism that toe ascer
taioed will of the majority, within clearly defined ConMitu
lional limits, is the fundamental law of the land.
Let us illustrate this point by an example: Suppose Great
Britain were heaping aggression and insult on this Country,
and threatening the entire subversion of our prosperity and
indepeodence. Congress assembles. ;tnd the President frank?
ly places the fuet* before them. Hf* rcrnmmends an imme
diate declaration of war, and u gigantic: etTort to sweep the
Canadas rlenr < f our enemies before tidings ran go abroad,
nnd the British Army and Navy be poured into the St. Law
mire. Congress warmly seconds the proposition; but a mi?
nority is bitterly opposed to it. They Insist ?n their ' Ina?
lienable right ' to tuik OEraitist the measure by the week, and
persevere in so miking until the opportunity is lost; the ene?
my is alarmed?[for injunctions of secrecy in such eases are
never worth a straw]?a hostile Navy lowers uj>or. our Coast.
Hurl Canada is filled with troops and rendered jmpregn *ble.
VYi,o do*" not ?ee that in this r.nso u llagtant abuse of the
right of discussion, aided by an absurd interpretation of it,
ha? proved fatnl to the National interests ?
The circumstance-: are slightly varied, hut the principle r,0t
at all, in the case now presented at Washington. Congress
i,os beer, assembled in Extraordinary Session by the Presi?
dent, to effect certain changes in the Policy of the Govern
mem which an- urr?*ntly required by decisive, legitimate ex
pressions of the Popular Will, by the honor of th" Govern
inent and the Interests of the Country. The several bill:
have been ear-dully matured by the appropriate ("ommitiee
and nre now ready for action. What prevents such action?
The determination of the Political minority that no mea?
sure* of Public Relir/ shall he carried at the Extra Set
.so/*. Now if this party is able. Ly uniting their unbroken
I iree witii the small number of Whigs who, from local orate
s'ract considerations, an* averse to this or that measur
defeat them in detail and thus render the Session a nullity,
they have the right to do so. But when they claim a right
II talk for ever nnd ever in the hope of wearying out the pa?
tience of the majority, fomenting feuds and jealousies among
them, and compelling Congross to break tip amid the gen
era! disgust of the Country, they claim what they have no
i ght to expect the majority to yield them. We do hope the
V\ int-s of the Semite will exhibit a manly firmness and reso?
lution by promptly, unitedly sustaining Mr. Clay in fixing
some just mid reasonable limitation to the range of debate in
ih.-it body, hitherto interminable. The bluster and mennce
with which the hare suggestion was met by .Messrs. Calhoun,
Buchanan & Co. and the ridiculous tbodompptado of the
former about "^putting an end to the Constitution," cannot
influence men of sense, except to convince thorn of the ne?
cessity of the course deprecated. Ju?t such denunciation
was poured out by Messrs, Picken?, Khett & Co. against ti e
new Rules of the House; hut sec how admirably they work.
Ev< ry body has a chance to speak, und one hour is as long
as tho besi can -peak to the purpose, and a good deal longer
than the mas- of Congressional debuters will do so. If the
People of tho United States were to vole on these Rules to?
morrow, wo do not believe one-tenth would vote for their re?
peal. So it will be with the Senate; and wt: trust tho appli
cation will bo speedy und effectual. Tie.- People earnestly
look to Congress for prompt, efficient, decisive uction ; shall
they l,e cheated of it by the poor art of talking against lime
interminably by the Wrights and Aliens who grossly mi>re
presenl and insidiously labor to defeat the wishes of ihctr
constituents ' Not if their true Representatives have the
nervo to do fearlessly their slaty.
HCT As other Whig journals have seen fit to announce the
Diplomatic nominations of President TTLF.K in advance of
thoii confirmation by tho Senate, there cau no longer he a
reason for withholding thorn. It is understood that on Fri?
day i?ist tlio President transmitted to the Senate the follow
ing nominations :
Edward Everett, Minister Plenipotentiary to England.
C. S. ToDD, of Ohio, " " ?< Russia.
Daniel. Jenifer, of Md." " " Austria.
Geo. Washington Barrow, of Tenn. Charge " Portugal.
l)r. A. Bahhr, of Georgia, " " Sardinia.
Jobn S. Pendleton, of Virginia, " " Brazil.
Mi. EVERETT is well known to the country ns long an
able and prominent Whig Member of Congress from Massa?
chusetts, and Governor of that State in 11)37 und '38. He
was rooted out by the 'Sniped Pig' in 1K3'J; Morton re?
ceiving :i majority of one. Gov. Kverett went ubrond for his
health early in 1840, und has not yet returned ; so that this
uppuintment, u' least, cannot l>e stigmatized us n reward for
t.artv services Wo believe none will douhi the eminent
fitness of Go\. E. for the important station he has boon
called to fill
Col. Topp was a gallant soldier in the Last War with
Great Britain, an aid of Gen. Harrison nt the Battle of the
Thames, nnd rose by good conduct to he Inspector Genera!
of the I . Sttttes. Me resigned on the reduction of the Army,
and retired to a farm in Kentucky, which ho left in 1840 to
fight the battle of his old beloved commander, as Lditor oi
tho Cincinnati Republican. Mo uns one of the most inti?
mate und valued friends of the deceased President.
Hon. Dasili. Jrsiffr was for several years a 1< adi-ig
Win:- Member of Congress from tho Western Stiotx- District
of Maryland, hut declined n reelection this year. He i
selected for the Austrian Embassy on account of his intimate
knowledge of ami connection with the Xobncco Planting in?
terest, which is deeply interested in a modification of the
?mormons impost on Tobacco now exacted bj Austria. The
Planters have with great unanimity solicited his appoint?
ment, and tho President baa acceded to their wishes.
Tho public, who know how recklessly and with what in
decent haste most ->l the subsisting Diplomatic appointments
were swept aside when .'ucksor.istn ratne into power, wi!
not fail to remark the different spectacle now presented.
Nearly five months have rhtpsed since the Whig Adminis?
tration came into power, and not *<nc F.mbnssndor or Charge
has vet been re called. Mr. Stevenson has asked to bo super?
seded at London ; Mr. Cambre'eng long since abandoned
Kusiia ami is amusing himself in Switzerland or tho South
of Kurope ; Mr. Muhlenbeig of his own au-ord came honte
from Austria several months ago. Gen. Cans is willing u,
letnainnt Paris and Mi.Wheaton at Berlin, and we heai
no whisper of disturbing them.
CT* Rev. H. O. Skfldon. tho Secretary of the Lyceum
Village, Beten, Ohio, has returned to this City from a trip
to New-F.ngland. ana will remain during this week. He
stops at No. 14 Grv-ene-stre.'t. where he will doubtless h.
.happy to confer with any friends of Education and of Man
with regard to the improved svsiem of Intellectual and Gen?
eral Culture which is now in operatieiM at Benfa.
ifjT The Fourth was celebrated at Mobile on Temperance
principles, Headaches nest day were scarce
.- sti-e o> Nkw-TVjrk and the
AgRICCLTCRE ok IHK stat*.
Amkrm as Isstitcte.?For the purpose of producing a co?
operation of the Southern Counties with the AoKrican Insti
! tote, the M&rrnng by-law- was i?aseed at u. stated mevting of
the Iti-'i'u'.e on the ftth day of July, 1841. It i- desirable
there .-hotild he annually a grand display at some c-ntrai
point, and New-York seems to be the chosen place. West
ehester, Kin^s. Queens, Suffolk and Richmond may all at
the same time, by means of railroad and water rommunica
tions, exhibit with m.?re convenience here than at ativ other
place. F.acVi County, together with the American Institute,
may appoint their own judge? and a ward their own premium*,
and thus a general and interesting cxmcentralion may i"?
Benefits derived by the Counties from tha adoption of such
a plan t
1st. The expense of all the previous arrangements will he
saved to the Counties, such as ?hens, and a variety of pas?
ture', &e. The printed Circular of the Institute, if distri?
buted, will afford ail the pnbliahed notices requisite. These
will l>e at the servie*? of th" Counties. This will enable the
Counties to rive much larger premiums. Gentlemen who
are competent judges- of farming products, cattle, _c. from
various sections of our country will !*? present, and a proper |
selection of judge*, may bo made, and the Societies will not
be subject to the jealousies of partiality likely to exist when
they arc all selected in the Counties whore the cattle are
owned. By this means a greater number of snperioi articles
tvfll be exhibited, nnd to a much greater number of persons,
nnd thereby there will r.e a wider diffusi-.r. of the knowledge
f improvements. Those who visit on arrount of the Agri
cultttral display " ill have an opportunity at the Fair to s.-e
other improvements in manufactures and the arts, without
incurring any additional expense.
The Hoard of Agriculture of the- Institute heretofore eon
sisted of twelve. By the By-Law referred to, i; will be seen
Uitit provision is made for increasing their number, and giv?
ing the Counties their proper influence in this Board.
The Counties tire invited to appoint committees to arrange
for exhibition with the Arnerican fnstitnte. The following
is a copy of the new By-Law: Corresponding members
have nil the privileges of ordin?r} members, ur.d are exempt
!rom paying fees or .lues.
?? And the Standing Committee of the Agricultural Iiepart
metit shall have povrer to fill ali vacancies as they may occur,
from death, re donation. Ol otlwrw ise, during the time for which
they were elected, ntul nl-o to ndd 11> their numliers, as spe?
cial or correspond in? members, such individuals as mnv in
their opinion contribute to the object for which ?nid Com?
mittee was constituted, and especially *urh officers or mem?
bers, not excei ding four in number of each and every county
Agricultural Society formed in conformity with a late act of
the Legislature of this State, entitled an Act to promote
Vgricnlturc, or such societies us may be hereafter formed in
conformity therewith, and which shall propose to cooperate i
vitli the American Institute in their public exhibitions or
otherwise, nnd I lint sai 1 specinl >>r r. ^responding .Member- |
mnv by an net of the Trustees of this Institute. Im? coumi- 1
tuted Member* of the Institute, with all the privileges of
members thereof so long as they continue Members of said
Committee or officers of the aforesaid Agricultural Societies.''
K_7"?ur very independent friend Park Benjamin, Esq.
? ?j the New Wor.M indulged last Saturday in it savage attack
on Han. Francis Granger, for his management of the
General Post Office. Never was an attack more unjust.
Wc know thai Mr. Granger employs nearly every waking
houi in anxi Ii-, arduous efforts to improve the condition of
the Mail Sei vice, ai d with eminent success. It is not possi
ble to prevent all failures of .Mails until .Mr. ?spy shall have
:.'ganized the atmospherical machinery so as to prevent
ili excessive winds, rains, _c. which obstruct roads with
fallen timber, brt-uk up their foundations, overflow ihc hanks
if rs, and sweep awny bridgos. But during the fifteen
?.cars that we, from eitr'.y youth, have been connected with
the press, we have never known the Mails in a better con?
dition or more reliable than now.
Mr. 15. litnls fault with Mr. (?. that he turns out sj many
efficient Postmasters and supplies their places indifferently.
We will merely say in answer that .Mr. B. himself has been
the most strenuous vociferator for the removal of em City
Postmaster, whom, despite his many faults, we believe to be
decidedly better than tin- avenue of those turned out thus
far.?' What privat? griefs there tiro, we know not ;' but
when an Editor of n non-political journal descends to such
weapons as to call Mr. Granger ' a first-ralt Abolitionist,'
iie forgets the requirements of truth and transcends the limits
if discussion which he has voluntarily imposed on himself.
[CP We have received from H. Smith Howell, one of the
parlies, an account of the ?row-skinning' in front of How?
ard's, which we noticed on Saturday. It seems, according
to his statement, that he is clerk for Mr. Rice, Merchant
liiilor, No. 5 John st. and thnt in 18:5!) one Robert H.
Thomas, No. 62 KhcIii-hco Place, contracted a debt there fir
some clothing, on riedit for three months, which Was once or
twice renewed at his request. After waiting a year a-ul a
half, Mr. Rice sent in his bill by his clerk Howell, who, after
repeated visit*, threatened to advertise Thomas if he did not
pay. Tin? Inner declared he would flog him when he met
liim alone, and thu- came on the affair to whirl) we alluded.
Mr. II. ventures to <a\ that Thomas will not attempt it again.
Worths Attention.?One Bcrnaniius Cnstelli, of Wash?
ington, lias addressed a letter i" the Secretary of State, de?
claring upon his own knowledge that an Americas -itizen,
Mr. Rese, is now confined in a dungeou at Borne by the i
Pope, without th<! knowledge of the resident American
Minister. He was Bishop of Detroit. Mich. Mini was sum
tnoned to Home in 1C"1S, tried under nn Ecclesiastical prose?
cution and ordered to resign. This he tefused to do, and
was thrown into a dungeon, where he is continually tortured
at.d overwhelmed with surierings to oblige him tn p^sign.
Mr. Casleili stntes that lie knows the.o statements to be
truet if so, they certainly demand the immediate attention
of out Government.
SU" P. II13111 roN Mvers. Esq., of Auburn, i. to dulivpr
.t Poem bef.-re the Literary Socieriesi of Omrva College, at
;heir approaching anniversary.
GGT" Th-' Mechanics of Rochester are preparing for a great
Fair. These gatherings give a noble impulse to the Arts nnd
!.adustrv. and are in every way worthy of encouragement.
Let no one forget the approaching Fair of our own American
CCf" The twentv-eighth atinutl examination -if the Albany
Female Academy was commenced on Monday, the 12th, and
concluded on the 15th inst. Prizes and medals were awarded
i* usual. The Academy is said to l?e highlv prosperous.
CCF Spencer Dunbar at Rochester, on the 8th instant, fell
into the Canal and was drowned ' dead drank.' It was his
body, and not that of the pedler Nichols, that was found a
few days since.
Ilj On the 4th, an old man, with snow-white locks and
tattered garments, walked to the wharf at Ashtabuia.
saying, " This is the day for me to die.'* throw himself into
the lake, and was drowned.
lT_r A n:nn named Peter Ferguson on the 5th inst. com?
mitted suicid? at Cahawba, Ala. by jumping i::to a well.
He was under the inmience of tnavia a potu. Hi* neck
was brfkei. bj the fail.
l?r Have we doc German, Irish, and other Benevolent j
Societies in our City ! It" m, what are thev doing to protect j
die poor Immigrants who daily arrive here from oppression i
and swindling? Wc heir that shameful imposition* ar" con
stantiy practised upon th--tn by persons ? ho undertako to '
direct them where they should settle. engatre to forward tberr. \
at <o much n head, paid in advance, and then do not honestly
I fulfil their '"or.-ra'-ts. We hear, too, that theieare boardir.g
i ^ . ._;_ 1
. hous*? in the lower pan of the City where the poor strangers ;
I are " taken in " aad their trunks opened bv false keys and j
, robbed, among other iniquities. We have some te*timonv
en thin subject, and are in search of mop-. Will the Benevo- j
i k at Societies aid ns in probing the matter to the bottom ? j
j Our IMiee is notoriously good for nothing when there is no
; money to be made ? ngtbsnre. We ask the friends of the j
Dawary and oppressed to corse forward and aid in protec?
Z3* Theology is certainly on the rise. At least so we
sh >uld judge from the consignation which assembled last 1
- ? _ _ I
evening, just after sunset, at the corner of Park Row and
Spruce-str-?t. to listen to a middle-aged and very good-look- ;
j ing Irish lady, woo v?as discoursing most zealously upon the '
parables. She spoke with great fluency, and occasionally
j evinced oratorical powers not unworthy of Wtitfield himself.
When wc beard ie-r she was endeavoring to prove that Sath
anas was not the person alluJed to in the passage, " Agree
with thine adversary qtrickly." She was certainly risht.
ZZF Th-^ four St. Louis murderers made n rush for the .
prison door the day befere they were t.< be hung, and ?>ir
reeded in getting away. They were soon recaptured, how
ever. They had riled otf the liends of tho riveu which con
fined their irons with ?ome rough instrument.
Indictments For Libel.?The Grand Jury came into i
Court yesterday with three several bills of indictment against
James'Gordon Bennett, of the New. York Hersld, far libels
published in that paper of'.be 15th June last, purporting to he a
repon of the proceedings in the trial of James Ritchie, on an
indictment for rr reiving stolen eorfee. Two of the indictment.,
are for libels on Juices Lynch ami Noah conjointly, and one en
Judge Noah aione. The Court sent an invitation to Bennett to
attend in Court and enter into bonds for his appearance to an- ;
iwer these several libels
LAWYERS DURY.July SO.
Coort of common Pitas.?Calendar for This Dav?SI, !
02. 125, S3, 24. 27, 2j. 2!?. 46. 12.1. 30. 32, 33, 34. 35, 121, 36, 37.
38, 3'J, 40, 41, 42. 43. 4?, 4.*., 47. 4?, 49.
Reported for the .New-York Tribun?.
Board of Assistants.?This Heard assembled last evening
and disjKised of the following business:
Petition* presented and referred?Of P. Depeyster to sell a
piece of ground on Hudson ?ipiare.
Of sundry persons to open a square in 7tb avenue.
Of the W.fliainsburgh Ferry Association for a lease of the
Grand st. Ferry.
Ol J. J. Tibbtts an.l others for a sewer in Grand st.
Of J. Salters for a transfer of a stall in Washington MarkeL
Communication from the Mayor declining to atlix bis sign?
iure to n report in favor of opening the Ui!i avenue through -t.'J
st. Laid on the table.
Report* Adopted.?In favor of relieving D. R. Hurlbort anil
John B. Lawrence from tax.
In favor of paving 12th, 13th and 14th streets, between the 2.i
and 3d Avenues.
In favor of paving the northerly side-walks of South-street, !
between Rutgers Slip and Montgomery-M.
In favor of paving the 2d Avenue, from 11th to l*th street.
In favor of paying Hick- St Co. 8361, belonging to the estate
of J. Fengrove.
In favor of paying A. J.n-k*on 831, and notifying him ihat the
Corporation intend to annul a contract made with him in rela?
tion to the sale ol Intnl.
J'a tiers from the Board of Aldermen,? In favor of employing
two (laily papers to publish Corporation notices, instead ot* the
number at present employed, ami that those papers receive it
remuneration not exceeding S.'-oo each. Concurred in.
Report of the Scperintendant of the Alms House was ordered
('otnmuiiie.iiioii of the Comptroller on the subject of unpaid .
bills incurred at the last election, was also laid on the table.
Tlie report adverse to proceeding with the additional build j
ings for the Lunatic Assylum on Blackwell's Island for die
more ample accommodation of the present and prospective in?
mates, in pursuance of a contract made with Maek Oukley by |
the former Board, was taken Hp and discussed st length by
Messrs Davis, (who moved en amendment,) Waterman and ;
Murphy against sustaining the contract and in favor of the report,
ami bv Messrs. Sbaler nnd Rawson against the report and in fa- '
vor of sustaining or renewing the contract. It appeared thai an
appropriation was made by the former Board of Sol.000 for
proceeding with the building, and application made to the Le- ]
^islature tor a rieht to raise ?* 140.000 for the progression with
ami completion of the buildings for the Assylum. The Legisla
iure, however, as Mr. Waterman said, "on motion of that true
Democrat, Mr. Hoffman, from that Eden of Democracy, old i
Herkimer. reduced the amount to be raised, frot* $140,000 to
?40,??0." Il was contended by those opposed to the former
contract that the State had erected a magnificent structure for a
Lunatic Assylum at Utica, in which the lunatics of this City
and County should be placed, rather than to expend an enor?
mous sum to extend the accommodations fir them here; the
more especially as this City and County had In contribute their
proportion to the expense in erecting the State institution at
Clicn. The report as amended was adopted.
The Board concurred with the Board of Aldermen in a re?
port for constructing a drain in avenue D. and 3d aud 4th sts.
and from the latter to the East Iliver.
Also, in paving the side walks of Irving Place from 17th to j
20th *i-: and for erecting a pier 2."-0 feet long at the foot of 16th
s'. East River ; anil in a resolution for the Attorney of the Cor
po-ation to cause die obstruction*by furniture, Ac. on the side?
walk? of Chatham square from James to Catherine sis. to be re
moved, which, after b-ing amended so as to include another
street, was. with all the above, concurred in.
The Board also concurred with the other Board in favor of
paying u bill to C. C. A G. Childs for printing coal ashes notices.
For fencing vacant lots in the 13th Ward.
For confining the female prisoners in the prison formerly oc- i
etipied by debtors, and employing assistant keepers if necessary.
A numlser of ordinances?eight mail?for paving and flagging
Streets, JtC. were seve ally adopted.
In favor ef pay inj John Hiiker, lste acting Street Inspector
of the 1st Ward, for his services. Adopted.
In favor of amending the ordinance to as to appoint two addi- :
Bonn! Inspector.- of pressed hay. Adopted it; concurrence.
In favor of the Alma House Agent sending eotHn* to any
place when directed to do so by any member of uie Common
CounciL Non concurred in.
In favor of paying Benjamin Demilt. a City Watchman, $70
for injuries received in the discharge of his duty. Adopted
In favor of paving 21 Avenue from 23d to 26th et. Adopted
In favor of deepening lite water in the basin ut the fj-jt of
Spring <l Adopted.
In favor of having the clock -.a St. Geurg-'s Church repaired
by the regulator of public dorks. Adopted.
In favor of granting Lewi.-, L. B. Grain a stall in Washington
Resolutions?In favor of erecting a Lunatic Asylum for fe- ?
males ou Blackwell's [slat '?: referred.
In favor of lighting White sr. with gas; aduptc-J.
In favor of granting the side-walks around tise Park for the
sale of 'lowers and plants all days except Sundays; referred.
In favor of abandoning the present City Prison and building
a new r-ri-on on solid ground; rererred.
In favor of confirming all appointment; heretofore made in
Joint Ballot or otherwise; indefinitely postponed.
Adjourned, at 11 o'clock.
CoCRT OF SESSIONS, July 19.?Before the Recorder, Judges
Lynch and Noah, atiti Aldermen Balis and Woodhull.
Case of Madame Resteil.?At the opening of the Conn
the Recorder delivered a. long and learned Opinion, in
which both the other Judges concurred, of whieh the folleering
are the raain points : Tue question presented is whether the -:e
position of Mrs. Pnrdy taken on the 22>i of March. 1941; upon
which a warrant was is<aed against the accused is admissible
in evidence on the trial of this cause. It is clear from the
statutes that a mere ex pane deposition taken without atFortiing
the accused ar. opportunity of cross examining tne witness, can?
not be read upon tl e trial. In the present case, how ever, it is in
proof that the deposition was read over to the deceased in presence
of the tecused, and that she. being apprised of her rights,
was also orjered the opportunity of cross examining the witness.
The Recor ier her- went into an examinttior. of tht Common
Law. and cited various authorities to show that in ease of the
death or insanitv of the witness, and umler eertain ether rir- ;
eamatanees. such depositions are admissible in evidence on trial
bv the principles of common law. The objection that the Ma?
gistrate before whom the deposition was taken omitted to annex
to the deposidea certain questions put fey the sreased. as well
as the answers to then: gives t>r s.-itn?ss. is fully answered by
:he statement of the Justice that tr.e -i-testions p%i; i..d been re?
sponded to in the bed? of the deposition. The Coart was I
therefore dearly of opimoo that tiu- deposition was admissible, i
Gilbert F Hays, sworn ;?r defence, deposed the; he arrested
the accused a: her house in Greenwich-street, in March, on the |
warrant of Jajtire Mc.-ritt on this charge, and took her to the
Police Office, where her huaband. Hr. Lohmen, accompanied I
r.er. The latter asked witness where he couirt procure counsel.
Witness told him, ami he went for counseL The accused was
ieft in the Police Office with witness, au.i in about ?ve minutes
-.hey ar->ee*de<s :o the scan of Mrs. Purdv. Justice Merrill
asked* her. before going, if she had any objection to gu to the
house of Mrs. Puray; she answered she Lad tsooe. Did not
hear J-tst-.-e Merrittsay that the obect in taking the accused to
Mrs. Purdv's house was for the purpose of having her identi?
fied. Justice Merritt tcIJ her she was entitled to counsel, and
witness told the Justice that Mr. Lohman had gone for counsel.
After reaching the nouse of Mrs. Purdy, Jus?ce Merritt toi.i
accused to pay attention to the reading of the affidavit, rirst ask?
ing Mrs. Pur-iv ?? if this was the woman.'' Mrs. Pu rdy answered
"Yes." The Justice then uutioneJ Mr*. Pursy, telling iier
she was on her dying bed, and 10 be careful if sse liad ma-le any
mistake. The affidavit was then read to Mrs. Purdy and sworn
to by her. in presence of accused.
Crrass-examiaed.?When witness arrested accused, she read
the warr-iii:. and said her name was not Madame ResielL Wit?
ness told her ?h~ was tlie one he wanted. Nothing was then
said about counsel; at the house of Mr*. Purdy tne accused
said r.otain^ about counsel; she said something to Mrs. Purdy.
but witness cannot say wnat it was. The charge was stated to
accused by Justtce Merritt at the Police Office.
Henry "W. Merritt. Esq. recalled?deposed that when ac
tused was urnught to the Police, he stated to her in substance
what the affidavit contained. Witness told r.er that Mrs. Purdy
was sick and ronfined to her bed, and it was necessary to ?b up
there. At the house, witness told accused he was about to read
the deposition of Mr*. Purdy, and suggested to her to pay at?
tention to it. It w-a* read, au.i sworn to by Mrs. Purdy in pre?
sence of accused. After the affidavit was read and sworn to,
-.* -?? . iffi tav-t was taken of Mrs. Purdy. identifying ac
cased. J tend accused she might ask Mrs. Purdy nuestions.
Cross examined?We were at Mr*. Purdy's house from ha.:
to three qaarters of an hour. When witness returned, Mr.
Morriil was at t e Police Office?told him as soon as Counsel
were ready I v nu!c: proceesi to examine the accused under the
statute Mr. Morriil ii:.t net express a wish tJ go back and cross
examine Mrs. Purity.
Direct resumed?Witness wished the Counsel. Mr. M?rrill.
to t'.x a day for the examination of the accused, and the 54th
March wasrixed. On that day Me?*rs. Jordan and Morriil at?
tended, and in the presence *?t the accused, witness asked tiiem
if thev wished a week to go and cross examine Mrs. Purdy;
they said notning, declining to answer. Witness then told them
he would proceed to the examination of the accused, and did
so. Judge Lowndl was present at the conversation.
The District Attorney tiien proceeded to read tite depositions
of Mrs. Parly, some parts of which, vir: conversations with a
third party, (colored Rebecca.1 were ruled out. The substance
of the affidavits having been fully published before, it is need?
less to repeat them here. They testify to the fact of the applies
lion for and tiic receipt o: drugs from the accused, the watit oi
effect and the subsequent mampular operations to produce the
?Sect, and the actual production of that effect, contrary to law,
with the resulting deleterious effects to the health of Mrs.
Purdy. the witness.
Luciuda Van Buskirk sworn?Is a married woman; ws- ac
qnatnted with Mrs. Purdy when alive, saw Ma-lame Restell
once at her re-aience in Greenwich st., went with Mrs. Purdy
there in July. Itj-IH. after her miscarriage. Mrs. Purdy wanted
Madame Hestell to give fier li.e watch and chain and rings, dec.
which *be had left there, without her husband's knowing it.
Madame Re-ieil said she coubi not give thern up until she gave
her the rest of the money, saying 1 we have done it very low,
much lower than we are in the habit of doing it, and i have
given of the $6 to the doctor.' She said ' if you had gone
your full time, it would have cost you a good deal more.' Mrs.
Purdy said, ' then I shall be obliged to tell my husband.' Ma?
dame Resieil replied, ? Oh. you cannot du that, for it will be a
State l'risoti offence for you as well as for me.' She did not give
Mr*. Purdy the w atch nnd oilier articles at that lime, but asked
ner the number of her boarding bouse, which Mrs. Purdy gave.
Madame R. *.'iJ she would send up lor the money.
Cross examine.!?Never .saw Madame Re?tell but that time
and now ; wem to oblige Mrs. Purdy and to gratify an idle cu
riojity in seeing Madame Bestell, of whom she bad beard much.
Never went there afterwards. Saw one lady then" whom wit?
ness thought was -t married woman, who came in ami sal down,
and soon after two other women came in and sat down. Two.
men also came in. but went away before witness did. Madame
llestell sai l they bad often given her 40. ">0. and sometimes as
much as 6100, and she bad done the thing for 990. Madame
Resteil said she would come up to her boarding bouse and get
itie money?she handed each of the ladies a circular to read,
which 1 have mislaid. Witness did not bear half the conversa?
tion between Mrs. Purdy an.! Maiiume Retell. A gentleman
purchased some medicine of accused and gave her S > for iL
After a rece.s of un hour and a half, lite Court again assem?
bled at ? 1-5 o'clock.
L)r David D. Marvin testified that lie was ? physician, icoi
dent No. hu Greene St., that be attended Mrs. Purdy from the
91st to 39th July, 1939. He found her laboring under severe
pains, and it was one or two days after be first .1?.' her that her
child was born, and he was inclined to believe from her previous
good health and the suddenness of her delivery that it was pre
Cross examined by Counsel for Accused?He waa first ac?
quainted with Mrs. P. in the spring of 183b. Afler herdclivery
she recovered, but was more exposed to inclement weather
than is consistent with health, until her sickness prevented her
being out of doors. Mrs. P. was a woman of ordinary intellect,
of tickle disposition, not illiterate for iier station, but easily in
duenced. She was in the habit of visiting her neighbors con
siderably. Witness lias seen deceased and one Mow-bray to
gelber, both in the presence and absence of her husband. She
assigned, on tiie -'1st. severe exertion iu washing, as the cause
of her premature delivery, and repeated this ones or twice af
terward within the two days succeeding. He remembers her
once making affidavit with reference to a certain pawn ticket,
and he went with her to a pawn broker's either in Chatham
sipiare or in Division st. with ihe affidavit and go: a watch, brass
chain and some rin^s, which she had pawned. [The counsel
were here called upon by the Court to produce liie affidavit,
but were unable, f he counsel for accused wished lo convict
Mrs. P. by it of hiving sworn falsely.] The watch was itiven
to witness for site keeping, because she wa* afraid of losing it:
it was destroyed by accidentally coming in contact with quick?
silver. The rest of the jewelry entrusted to witness was re?
turned to Mrs. Purdy. Witness lia* no knowledge of Mr
Purdy'* having been out of the State for the last three years.
Witness uoes not know that Mrs. Purdy ever went to Madame
Restell'a with the watch. Neither witness nor his lady ever
accompanied Mrs. P. to Madame Retell s. Ts.e deceased was
able to be about until the winter of l<?4<>. Her complaint then
was pulmonary consumption.
Here the prosecution rested.
The defence wn commenced, and Mr. Morriil offered as
evidence the examination of Madame Restell held March 24th,
1841.but it rule,* out by the Court.
Barrow A. Cohen was sworn. Witness attends the pawn,
broker's store of Mr. Levy, No. .', Division st., and did in 1?39.
Does not recollect Mrs. Purdy or Dr. Marvin. He has an affi?
davit made by the former. [He here gave it. with a paper at
lacked, to counsel for the accused, Mr .Morriil read the pa?
per*. They were a list of articles pledged, a* the paper says
Feb. 12, 1839, and an affidavit, signed bv Emehne Purdv,
swearing that the pawn ticket for those articles had been lost.
The goods pledged were a watch, pencil case, a?J two rings,
worth ill] | Witness does nut know the handwriting, and does
not recollect posidvely the articles be gave up at the time of re
ceiving the affidavit.
W. W. Purdv testiSe I that he never called at Mad. Restell's
tor the go-?l*. He now lives at Harlem, where he keeps a ho?
tel, and has been married since his last examination. Witness
never wrote or caused to be written a letter to Mad. Restell,
n'ir lias he ever called ou her to pay money, nor has he eveT
.an: lo n:;y ..a- that be would compromise this matter for anv
sum ot money. Witness baa bo-n to newspaper offices to state
timt be bad been discharged by the Railroad Companybecanae
ne hail l.a 1 Mad. R?.t- I arrested ; John S. VVi'ham told him
so. He had been on the car on winch he was employed for
some djys. and .-ailed upon Mr. Wigham, wan udJ bun the
President of the Company ha 1 said ihat, as the Resutll afTair
had, made so much noise, and as wi;nea* had 'run low' for a
month or two, i. e. his receipt*, were lens tha? before.) they
could not have hiui any longer. Immediately after this be sta?
ted the fact at a number of the new spaper offices. The Presi
dent of the Company then requeued him to stop the publication
of it, which he did. Tue reason of his noi having collected as
much as otae.-s was i.i- wife's iilness. which made it necesaarv
that anoiber man should run his car for liim. The Pre*idetit
never intimated that lie had appropriated any part of the mono
to hit own use.
Dr. Marvin recalled.?Stated that he beiieved the Coiumi*
sioner wrote the affidavit presented, which is the one that Mrs.
Purdy carried to the pawn brokers in company with witness
The testimony was here concluded, and on application of the
counsel for the- accused, tae Court w.t* adjourned to 11 o'clock
this morning, when the summing up wiu commence.
Coroner's Office.?Accidental Drowning.?The Coroner
yesterday held an inquest at the office of John Elwell, No. 57
South *t.. on the body of Matthew Chew, colored map, a native
of Pittsburg, Fa., aged 38. The deceased was rook on board
the schooner Mercy, Capr_ 0 Kelly, plying between this port
and Pennsylvania j and on Thursday night last about 9 o'clock,
while lying at Old Slip, he started to go on shore, bade good
night,^aBd in stepping trom the -w-hooner to another vessel along,
side, fell between them Into the dork, an i was drowned. He
wa* intoxicated at the time. His body was found yesterday
morning. Verdict, that he was accidentally drowned on the
night of' the 15th insu
The Coroner also heb. an inquest at the comer of the 6th
avenue and 25d street, on the body of Catherine Heary, aged
15, a native of Ireland, wife of Mathew Heary. She wtft a
woman of intemperate habits, fell down stairs on Thursdav in
a state of intoxication, retired to bed at 11 o'clock at night,
and from that time continued in an apoplectic stupor, until she
died. Drs. Van ierpool and Galen hunter attended and exam
ined the deceased before death, an: ;nder their advice the jury
found a verdict of death ?eoplcxy
By Ibis Morning's Sonthrrn Sail.
APPOINTMENTS BY THE PRESIDENT,
Ea and Wttk the adzict nnd etmtent of the Senate.
Pllki. Sriti?' f". Judge of tht' United Suites fee the Eh,
trict of Massachusetts.
RoBKKT M. RtPDM.. at Pi:r?bore. Pennsylvania.
John C. Montoom inr. nt Philadelphia.
XT We aide attention to the advertisement of Miner *
Patent Pumps, which are manufactured by Henry Warren
of Trev. and for sale by Oshorn & Little. 33 Fulton-street.
Thev are v.,?r!y ?nr>orior to the ordinary pump for wells and
cisterns, and are rapidly coming into general use. \\ e a*k
those who intend erecting Pumps to examine these, and they
will be morally ceitain to give them die preference.
XT The Boston " Hanr.x-k Light Infantry" " expect to
visit this Ciry on Wednesday, the 21st i??. Thev will be
reeeived at the landing by die 27th Regiment National
Guard and escoi ted to their quarters.
XT A runaway negro, being pursued, leaped into the
Juniata River at Bhiomfield. Pa. on the St!i inst. and was
drowned. On the 10th. the naked IkhIv of another negro
was found in the river near the same place with a deep
wound over his left eye. _
XT On the night of the l Ith. n ?tore in Farmington.
Wavne Co. was robtad of about $100 worth of goods, and
on the night of the 11th, a h>rso was stolen in Ortario. Tho
scoundrels ate supposed to be t?o e\-cceupants of tho State
Prison, mined Ganry and Woodruff.
?CT Samuel Whaley was killed by lightning at West Hart
wick. Ot-sego Co. on the Nth inst.
XT The health of New-Orleans is said to be unusually
good for thii? season of the year.
From the Cuast or Africa, we have accounts ts iO*.h
April, bv the ship Saltida, arrived this 'morning, vie R',,
Janviro. whence she is out thirty-three Jays.
Left there, the United States frigate Potomac, under sail?
ing orders. The D. S. ship Dccatur and brig Enterprise had
just arrived from Montevideo. A B. S. sloop of war went
into Rio on the 14.ii June. The news of President Harri?
son's death reached Rio on the 8th Juno.
The Saluda reports fresh outrages by British earners on
the const "f Africa. The Dutch schooner ArgO was tired
into with hnlls by a British gun-brig, and pierced with shot,
the men only escaping by running below. The brig passed
on without "hs.arding" The British officers insist that the
commerce of tho const shall belong to their tuition, and no
other. Captain Lord, of the Saluda. speaks of the harbor of
Loando as an admirable one, open to the sen-breere, per
fectly healthy, with sufficient water for our s.piadron. of
which he savs it should he tin' head quarters on the coast.
Captain Lord was there six weeks, with fifteen olhei large
vessels, and never knew of a death in that time. Provisions
and fruit plenty and cheap. [N. V. American, Monday.
THE NEW WORLD.
XT A NEW AND ENLARGED QUARTO VOLUME of tho
enmpret easive newspaper commencid en the Sd mat., aiming tlea
ta commence a subscription, (sen tlea en from North, Souili siU
West, w iio waul a good paper, are invited to fall at lli? olli .-, 30 Ane
street and examine the N*W Wont.u aad jud ge lor themselves,
The First Volume of CHARLES O'MALLEY, or, the IRISH
DRAGOON, is riven to every person ?h<? pays one year in advance.
This is one of the uio>t humorous stones of the day, and is published
a the New Woklo in advance of an) other paper. jjrSO 9l
ITT Nittum?-r Clotliiu-r? Pricea Kesluoed !?This Clo
liintr, of a variety of styles, may be huit very ebeap at No. S3 Onis
i?ui-st, at a reduced price,and no humbug. Persons wishing* Sum
mer Clothing ?ill please call and examine the stoek for themselves;
Good Brown and (Iras* Linen Round Jackets for only one dollar.
N5 Chatham-street,_ jyl4t7tis*
XT Oil! ces to Let*?In the Basement of the New Men ham'
Exchange, corner of Wall and Hanover-streets, suitable for Brokers,
?r other purposes, such as a coffee or refreshment room. There are
two i ili-.-. counceud, winch will be let together for the bulam-e of ihe
.ear at a rent perfectly satisfactory lo the tenant. Apply tu Mr.
I'eurson, office of the Exchange Company, corner of Manovar-street
uid Exchange Place, or to tho publisher of the New World, 30 Ann
sweat. _ jyl3;t(
XT A flmdiaate from a New-F.nglaail College, and late asmt
ust in one of the first Classical Seminaries in this city, wishes tooccu*
py a part uf his tune in hearing recitations in schools, or lu giving
private lessous, in the Classics or higher Eughsb studiiS. Those
???ishiiig his services may address a ssaled note to " Lexicon," at the
I'nbnnc office. _ JylO.H
M O N E V" _MA R K E T.
Molen at the Stock Kxchantrc, Jtily is.
50 do U.S. Bank. 17j> 25 do do. 11?1
150 do .lo.-:UU l7j;I.V) do Harlem..l?'ls 2i i
50 do do.cash 17jj 100 do do.?3d? 25
150 do do.?304? 17ij 50 do do. ... ?30,1. 25
100 do do. rush ITS J 17."i do do.... SM
SO du do.1.20 d? I7i 10 do Paterson R R.'.Vii?d 51
*5 do 'do.?30,1? 17i| 5u do Mohawk _bCf'.ls rV'
85 '1? do....s3d 17} SO slo do.boOd? ?*?
u.*, do N A Trust.. 71 50 do do. Lflod SSj
*S do do. 7il|00 do NJRRoad...b0Od fit
75 do do. 7i
25 do do.s3d "i
50 do do. 17}
25 do Tradesmen's Bunk... Uli
50 do do.stiOds el
10 do Canton Co. 34}
50 do do. 35
Cotntnrrcinl um! ."Honey ITIattera.
Monday, p. M.
Storks to-day exit luted a little improvement, but the sales were
sot exten.ive. L'mted State. B.ak-old at 17), no change : Harlem
unproved J, Pr.ter?. n }, S. A. Trust ).
In Sim* .Storks there was not much done i
IJMO Illinois Fives. M
1.D00 do do. . .-I
3.(?no do do. . j-jf
3.000 Illinois Sterling Bonds.1. . 57
3,000 do do.;.?l?dsi 57
1,000 Kentucky Sixes. _ . gj
These .ales show an improvement of J |>er c*uL en iba Delltl
Fires and 1 per cent, ou the ?ttrling ; Kentucky Sixa. declined 1 per
ceai. on the la>t sales.
Fosnc.w Exciu-.uC.-Th? rat- for B.IU on London is BaSJ : Bills
on Paris. 5 271 a 5.30?the transactions are very limited.
The receipt, of the week ruling 10th July on ths Norwich aod
VVnreester Rulroad were $1 9g-a" ','J.
At Loudon New-York Five per Cents, 1?^. are quoted at >il ; Ohio
.Sixes, 16*30, ;7} a ^ : Tennessee, l-'W. 79; C S. Bank shares, 4.
The Hudson Insurance Company has declircd a dividend of Tbrss
The Seamans' Saving Bank, u dtvideol of Three per cent.
The Baak of Mobile, Ttire? per c-nt.
The Northwestern Insurance C -tnpany of Oswsgo, Five per cent.
The Commercial Bank of Troy, Four per rent.
VVUiiasa W. Tc-id, Esq., has been elected Vice President of tjs
Jack.oa Marine Insurance office in the place of Tyler Dihlee, de.
At an auction s?'e at Ctm les?on 1 Ith, South Carolina Bank shares
brought 3d ; State B?nk 90j and Planters' A Mecbsntcs' 2C?.
The following i? the offi.-lal statement of the situation of the New
Oi leau? Banks ou UM 3d of July
Capital. .... .841.0C2.3I6
Kalanee due Foreign Banks.. 65 771
Balance due it o.k. iu other Slates. j fo^tfc?
Balance due Loed Bans< .. 1 0fflCM7
Profits assdivided.t . 7 ?0c;'lC'<
ither liabililiea.?."**""4 !>2-'osj3
? , _ assrts.
Ks?| Kstate and otksr inve.tuieet? . I ",13.047
Diseonnts and I?ans..'....'.1'. '..','..'.'.'. 4e.t"i#3!29?
Balance due from Foreign Banks. 1,411 64!>
Domestic Rills and Bank N..ie. of o her States....... (35989
BaJ.ncc due from Banks in other Stales. 568Ji
Balance due from Local Bauks _ IflHfitl
Other Assets.j. ??H;\\?
New.York v^ttle .Tlarket.
Mondau. July 19, Wfl.
At market 7M head of Beef Cattle, including 200 leftover last week.
50 were from this Slate, and the balance from the South ; 55 Mikh
Cows, and 1,500 Sheap ar.d LaoiU.
The Beef Market was more active st last week's prices. AU st mar;
kel wo-e taken at $5 50 lo S~, averaging V> 25 the ewt.
Milch Cows were taken st S-3. **) ?ad *10 *tch
Sheap and I ambs were more plenty, aad .ales less active. 1,300
were taken Sheep at $1 50 te |4, LsmU at %1 50 to %t each.
H.v.-Tbe supplies have l>eeo ligkt, aod Old Hay has sold for si to,
?4 canU the cwt., and New at 50 to tit c*t,t'