MORNING HBRALD.
THVUBAI, MAY 3, H
To OMUiroNDiNTi.- Tke puppt wkm onto '? ? wndsr lit
d exgnmtxxrt ?/" Belxndm," mm) mi well mmm km xmptitmence
Jim frmeur eaxeid boJIiw in ma* a her upend mf rxhaldrp. mi tk%?
/Wire- teewu te deixgkt m. Btixdee. tke kmndwrxtxng xi evxdanm
T%e kmdneit and geedfeelxjxg ef " f C'.V ?!?*--? j aiene for
tknt /mult) cenetrxxcixanmnd frammmtxtmlfmeut pat.
- An admirer ej the Hermldf kxnti ikmU be mt tended la.
He rem cenioh " Sapktm;" tke kand tied jpenned the deierxp
Wane ef hut ainirr'i bade, pmrtxa, and towtct it <m (Aw nth of
tke Atlemtxe.
A " Fmrewtll te Dick Biker" u filed far xmertxon.
Xy The press ol matter compels us to reserve the
proceedings of the Corporation yesterday evening, for
this afternoon's Eeening Herald.
PrBLlC OpiNjON ON TM* LAT1 StIAMBOAT Accl*
bents. The frequency of steamboat accidents, (of
which some half dozen will befonndin another place)
am) their portentous extent, onght to call theattention
?t the community to this subject, so vitally impor
tant to the limbs, property and life of our citizens of
all ages and sexes. Public meetings should be con
vened in all parts of the country, and a rigorous in
vestigation of the circumstances entered into, so that
those whose ignorance, negleet, or reckl?89neis, have j
been the occasion of this fearful waste of human life
and happiness, should be brought to condign punish
Jaent, and exposed to the execration of their fellow
men. Impunity followed the catastrophe of the
Jiame, and the mock investigation into the circum
stances of that affair, resulted in nothing. A paltry
political matter will agitate the country from one ex
tremity to the other; and we are all ready to fly to
arms to avenge the fancied outrages of others, and in
to! ve the country into the calamities of war for an
abstract principle. In onr own nearest and dearest
concerns, however, a total apathy possesses ?g, and
?teamboat after steamboat may explode, and lives be
destroyed by hundreds, if we content ourselves with
surprise at the extent of the mischief, and pity for the
hapless victims!
?Steam, us advantage and danger.?The an
nexed remarks of the Cincinnati Gazette, on the
?Hbject of the steamships are peculiarly apropos at
the present time :
" At the very moment we are recording one of the
greatest steam disasters, we also record one of the
anest notable events in steam navigation. The steam
ship Sirius has airived from Europe in 18 days, and
the Great Western was in sight in 14 days.?The
former is a quick passage?the latter, we believe, a
shorter time than any trip has heretofore been ac
complished in. ? ? ? ? Thus we
have en either hand the power of steam to accom
plish great reaulta? in successful enterprise and in
terrible destruction. Of what avail will the former
be, if we cannot set some limits to the latter ? But in
JEngland, where these great ships are built, these ac
cidents by steam do not often occur. So, also, their
boats are not so swift as ours. In truth, it seems,
that mare than nine-tenths of the accidents on the
-western waters accrue from sheer want of skill and
-want of discretion. Let the public secure these im
portant attributes, in the management of machinery,
and accidents by steamboats will be reduced to the
ordinary proportion of those in other kinds of busi
est ."
Frem tke Richmond If Keg.
J3r did not see the first call of the New York
Herald for "satisfaction." We eanonly say, in refer
ence to the Becond, that its arrogance precludes any
oxplanauon. We have often been amused at the ego
tism and impudent volubility of ihe Herald, but we
can do without that sheet, and shall therefore feel but
little eencern at a suspension of intercourse.
W'e have stricken the Richmond Whig from our
exchange for misrepresenting our statements, im
pugning our motives, and refusing to do ua the poor
satisfaction of admitting our cortectneso when the
farts had been satisfactorily established. The con
duct of those party hacks, who dare not call their
souls their own, except at the dictation of some po
litical clique would be amusing were it not disgusting;
but, unfortunately for them, they have no idea of in
dependence, and what they cannot understand, thsy
malign and nbuse. W'e are emphatically
N mill CM aMiclus janrejin verba ntagntrs;
our opinions are formed on our own convictions?we
think what we please, and utter what we think, have
only the public good, aid not the selfish and absurd
considerations of party, for a rule of action. Thtse
miserable tools, in their ignorance, and because ear
calculations ran counter to their views, assailed as
with intemperate language ; and when we called for
explanation abused us. The Richmond Whig is be
yond the pale of decent communication; but wo hope
better things from the Lniutilli Journal and the
Maltimore Chronisle ; this to them, however, is the
lost time of asking.
Rotation in Omen.?Yesterday the new Collec
tor of this port made a thorough sweep ta the Cue
torn House, having removed nearly one hundred per
sons from their offices m that department. We are
not aware that any fault is to be found with the prin- I
cipls of this measure in the abstract, as a long tenure
?f place is incompatible with oar institutions. Cir
cumstances, however, slter rases, and there may ex
ist individual instances of hardship; hut we caanot
agree with that reasoning of placeholders which
would assimilate a public officer to a tree whoae roots
are so deeply planted in the soil that they eaanot be
xemoved withoat endangering all around. In ths po
litical, aa in the moral, world change of scenee and
perseas is conducive to vitality.
Or Tile arrival af the packet ship South America,
in '29 days from Liverpool, brings ns papers to the 3d
alt inclusive, for which we return thanks to Captain
Barstow, to whose politeness we are also indebted for
? copy o hia mantis et, much earlier than we should
Otherwise have received it. The Great Western put
as in possession of IBer dates, but we ire neverthe
less obliged to Capt. Barstow.
Havsb Pachbts.?By a laptut ptsse we are re
presented as stating thai Mr. Boyd, of thr Havre line
of packet ships, had determined upon the model of
the supplemental? vessel of that beautifal line, on
Sunday laat. This must have been a blunder of the
writer of the paragraph, or an error of tho compos^
tor, and overlooked in the proof. Owners of packet
lines are not pagans, and have too much regard for
the usage# of society, sad too muck respect for tb?
Bsbbath, to deaocrata it by necnlnr thoughts.
American Rarbints.?Tho reprints of the British
works in this country are marred and defaced by the
miserable and bangling manner in which tha typogra
phy is executed. The page is apparently fair and good
looking; but the reader will inevitably detect scanda
lous errors of the press, the result of moat culpable
negligence, and all arising from the absence of a cor
rector of the press, which ought to he an indtspeoaa
hie adjunct of every printing office where book work
is performed. We have been quite astoniahed at tha
gross and glanng blunders that we have encountered
in some recent reprints of British publications and
standard works; and we allude thus generally to tha
cneumstance, in the hope thai the hint will be produc
tive of advantage to the reader-, otherwise we absll
feel bound to specify individual instances Tho havsc
made with q iwtauona from tha foreign nr classical
languages is quite excruciating
T*? Gkbat Hailu Biihi Gaii.-Hii* nK
cams on yestsrday and will perhaps occspy three
dtys. We shell report it in full. The question el is*
sue is e eery important ens; mush politics! feeling is
mixed up in it It is celled the greet Lose Feco
triel. Many large landholders ere paying large suras
to support the prosecution. An immense number of
witnesses ere subpoenaed?many very aged quakers.
A full report ef yesterday's proceedings are in today's
papers.
Passino Counterfeit Teeascry Notes, a no Aa
bsst or the UmaiB.?A Treasury Note for $4000
was passed vll at the Farmers and Planters Bank, at
Baltimore. The plate from whieh it is struok is said
to be the genuine one, but the blank sheet to have
been obtained improperly; the amount waa written
I in a blank space left for the purpose, and not printed,
j The utterer was arreeted on Monday, at Washington.
: A considerable portion ef the money was found upon
1 him. After his arrest, he contrived to make his es
! cape, but was pursued and retaken, and is now in con
fiHement. His name is Henderson. Is his valisse
were found forty-seven new gold watches, asd other
jewellery, winch, we strongly suspect, is the same
which was stolen some few weeks ago from the Uni
ted States Hotel, in Philadelphia.
Loaves and Fishes.?We are glad that our eld
friend, and brother in humbug, the Rev. Barnabas
Bates, has been provided for in ths new organisation
of the Custom House, being appointed to an inspec
torship at $21 per week.
A Difference.?In Columbus, Missrssippi, on the
12lh instant, Alabama money was selling at 12 1-2
per cent premtom?and in New Vora, yesterday, at
25 per cent discount.
Wild Cats Escapes!?The President and Cashier
of the " Bank of Kensington,"located at Kensington,
Oakland County, Michigan, have offered $1000 re
ward for the apprehension of Alfred A. Ilivieht and
Sherman D. />ix, two individuals who have recently
absconded with about $40,900 of the paper of the said
bank, which it is alleged was fraudulently abstracted
from the bank, without the usual forms of discount
ing having been gone through with. The ?ncharita
ble belief is even expressed that the President's signa
ture to iht bills of most of the paper with which they
absconded is forged. They are said to have taken a
course running iiae west, and were last heard of in
dustriously palming off their grabbed paper at Chica
go. This Dwight & Dix firm have acted stupidly. If
their wants were so very pressing, they should have
gotten up a bank themselves, and then issued forth
like men, laden with their own promises to pay, just
as good, perhaps, as those they took the trouble to
steal. It would have answered the purpose just as
well, and not been quite so disreputable.?Bufalo
Com. Adv.
Kind Feelings.?Mrs. Theller, with her infant
child, about twelve months old, arrived at Lewiston,
on her way to Toronto, on Sunday afternoon. She
had papers to present lo the Governor, Sir George
Arthur, asking for a reprieve of her husband, until his
case could be made known at Washington. There
was no regular means of conveyance, at the time of
her arrival, bv which it was possible for her to reach
Toronto until after the hoar appointed lor his txecu
tion. In this distressing situation, ths benevolent citi
zeas of Lewistoa took her case in hand, and chartered
a steamboat at an expense of forty dollars, aau she
left for Toronto abvut 4 o'clock on Monday morning.
It is gratifying to learn that ber mission was success
ful, and the citizens ef Lewiston may well congratu
late themselves in having accomplished the reprieveof
Theller. with almost certainty that his life will be
spared, though he may be condemned to banishment
for life.
J2rlt is notexpectsd that Rector, the brothel keep
er at Albany, found guilty of murder, will be executed.
The broil in which the young man Shepherd was
killed, was a casual one, and the homicide was unpre
meditated.
Internal Trade.?The quantity of merchandize
which passed the Upper Rapida of the Mississippi
during the last year, is estimated at three hundred
thousand tons,
23r They have introduced a custom in England of
binding books with Indian rubber. This article may
be applied with advantage to any thing but ladies'
alippvrs and gentlemen's overshoes.
Sar Accident.?A beautiful little girl was playing
on the dock at the foot of Clarkson street yesterday,
felt into the water and was drowned. Her name was
Mary Harrow; she was 12 years of age, and resided
at 7f Hammersley ot. An inquest was held, and a
verdict returned accordingly.
CibccitCodbt.?No accommodations for report
ers. Great Harlaera Trial on. This is scandalous,
and legally speaking, Judge Edwarda ought to be
curried for unhandsome inattention and ungentle
manly eurriahncss, legally speaking, to thia import
ant point. We won't vote for him for Governor!
Speak out, Judge, and open your eyee.
I in pnrtaal Trial.
ScPBlMt Coi'RT OF 7UB STATE OF NlW YoBK,
roa this Ciscwit.?Before Judge Edwards.?Wed
nesday, May 2.
The People of the State of Nsw Yorker*. tel. Tho
mas E. Taylor, el. al*. versus Samuel M Thompson,
Samuel Fluellen. VN av K Wiles and iaaac U. Coles,
assigns of John B. Coles, tnd stockholders and pro
prietors of the Harlem Bridge and na Company.
Thisiaoneof the moat important caoea that haa
come up for trial for some time pnst. It is neither
mors nor less than an endeavor, by e verdict of a
jury, to annul and viuate the charter, by virtue of
which the proprietors of Harlem Br.dge now take
toll, and have done so for some years past, and to
throw the bridge open for the free passage of the pub
lic.
The case came up in the nature and form of a ftto
warranto, and as tho affirmative of the issue lay with
them the case was opened by the defendants.
On the part of the people, the case was con
ducted by 8. Beardsley, Attorney General for the
State of New York, D. Lord, jun., George Wilson,
and Peter A. Jay. On the pan of the defendants, the
case was conducted by Benj. F. Butler. Attorney Ge
neral fnr the United States, Griffin the elder, and
George W. Mtrong
Mr Gnffin slated, that by an act of the legislature
of this state, passed in 1790, Lewis Morris woo au
thorzed to build a bridge across the Pfsrlaem river;
he did not build it, but conveyed his right and title
under the act to John B. Coles. An art was passed
by the legislature in 179ft authorizing John B Coles
to build a bridgescross the Harlem river; tho bridge
to be 24 fret wide, the width between the arches to bs
25 feet, and a drawer oi drawbridge to be made, the
width of it to be 12 teat, so as to allow ?? tbe free pas
sags of vessels with filed standing masts."
An set was also parsed allowing John R. Colas to
construct a atone dam across tbe Harlem river, and
to make a lock 8 feet wide, so as to allow the passage
of vessels drawing 2 feet of water.
The questions, so rntoed and contested under tbe
several tssma joined, were these: ?
1st issue. Was John R. Colas the assignee of Mor
ns?
2d. W'hether John R. Coles did build the bridge at
a certain time, asoording to the provisions of tbe act,
and in a reriais way therein specified.
Sd. Whether he kept the bridge in good repair, ac
cording to tho teqoin ments in the act made and pro
vided.
4th. Whether the defendants are stock holder* and
proprietors in that bridge or not.
6th. Whether a road was constructed for 8 miles
from the bridge to Ksat Chester and clear d properly
for the convenience of travellers, according to an act
passed for that purpose, by which John B Colas was
allowed to charge 60 per cent addi tonal toll for 60
years, on compliance with the provisisne of the
same
6. Did John R Colaa give l bond to the people of
tbe atateof New Tori, to the amount of ton thou
dollars for the d? and proper fulfilment ef the
?enditione af the aatof 1796.
The act of the Legislature of March II, 1790) wee
thea read, authorising Merrta ,to build the bridge and
take toll for 99 yearn.
The deed of aeeigament of right, title, interest, Ac.
Ae. from Morns to Colee *u reed.
The act of March 24th, 1795, wee read, astheriatng
Coles to build the bridge.
An act of 39th March, 1797, was introduced, con
taining admissions bjr the Legislature that Coles built
the bridge according to the provisions of the act.
This was also recited in the plea. This was laid down
aa being good evidence, aa the people ef the state of
New York were plaintiffs, and had recited this la the
act of 1797.
Mr. Griffin then contended tbat the two first issues
were disposed of. He contended that tbe counsel for
the plaintiffs had joined the 4 first issues in one com
mon tratCMo?, they deny those facts altogether ;
aad we hold ourselves excused if we prove any one ef
those four issues true, because they traverse them to
gether not in the nature of a special traverse, but as a
common traverse.
Mr. Gnffia then canto to the 5th issue, whether
John B. Coles caused a road to be made and cleared
prepetly for the convenience of travellers.
It also appeared that by the aet ef 1790, the arches
?f the bridge were to be 30 feet wide; the ast of 1795
narrowed tlie arches from 30 to 25 feet.
An act passed in 1797, allowed him to take 50 per
cent, extra toll if he made a road to East Chester and
kept it in repair, for all who wanted to use it
An aet passed in 1798. released him lrom keeping
that road in repair.
The pleading* therefore aver that he had a right to
exact 50 per cent if he merely constructed that road,
yea ?r nay. The act of the Legislatare directed at a
certain time that the road should be opened through
anndry lands, not then opened, although the own*
era might not have received the money for those lands.
Th# only material point, therefore, Mr. G. con
tended, on that head, was whether Colee made tha
road as roads were made in 1797, bocause upon the
presumption that he had, he, his heirs, and assigns
had taken 50par sent additional toll, and
meant to do
so for 68 years from the year 1795.
On the question whether Coles did sell and convey
divers rights to divers persons, and whether the de
fendants were stockholders or not, they called
Walter W. Townsend. He produced the transfer
book of the Company?identified J. B. Coles's hand
writing; he also read certain transfers and assign
ments of several shares to three of the defendants
from Coles himself. The transfer to the other de
fendant, Flaellsn, was first made to Isaac Clauson by
Coles, and from Dickenson, Remsen, ana Delaplaine,
Clauson's executors, toFluellen. All these transfers
purported te be of shares in the Harlem Bridge Com
pany.
Mr. Lord moved to rale out this testimony, as ir
relevant hecasse the counsel did not follow it up by
showing that this company did own the bridge or did
construut it.
The Judge asked what was the constitution of the
company. This was a good time to introduce that
testimony if it was afterwards connected properly
with the proprietorship of the hridg-e, otherwise it
waoof no use; it was at present imperfect, as it did
not prove the issue.
Mr. Gntfin then went te the next issue, whether
Coles, his heirs and assigns, had been for years in
the peaceableand undisturbed possession of the bridge
and its profits.
Mr. VV. W. Townsend swore that they had ever
since he could remember. Thomson, J. A. Coles,
sad W. F. Coles had received dividends from the tolls
of the bridge for 25 years ; Mr. Fluellen had done so
for 18 years. J. B. Coles, Ac., had used and enjoyed
all the liberties and franchise assigned by Morris.
John B. Coles died January 2, 1827. Up to his death
he participated in the tolls of the bridge. A toll house
has been kept there, and a toll keeper appointed frost
day to day, and from year to year, ever since he
could remember; these toll keepers were appointed
by J. H. Coles and the proprietors, including the four
defendants.
Mr. Griffin then went on to prove that John B.Coles
gave the reqnsi'e security to the treasurer of the state,
us the act of 1795 required, viz. 4000 pounds, to pre
serve the bridge in good repair Isr 60 years, after
which it was to be thrown open to the public. To this
end hs ottered to read from a certified copy of an act
passed March 25th, 1808, in which the legislature aver 1
that Coles gav* the requisite sureties and entered into
the bond.
Mr. Lord objected to reading the averment from the
act; the act of 1808 was passed for the purpose of
incorporating the proprietors as a company; but they
refused to accept the act. The bond itself ought to
ue produced - it was not supposed to be lost; John B.
Coles and his assigns ought to show that they gave
i. Th
the bond, and not make the legislature do so. The act
of 1803 varied the franchise considerably from the act
of 1795. John B. Coles himself claimed to be a cor
poration; the defendants disclaim having anything
to do with the act in their plea, therefore they can't in
voke this act or uny section of it to their assistance;
tbey disclaimed the acceptance of its franchises, or as
conferring corporate rigk t on them.
Mr. Jay contended that Coles was bound to exe
cute that bond; be averred that the bond never was
executed?or if it was, it has not been given up?it is
in existence; or if it be lost, it is competent for the de
fendants te show its loss. If the grantee refute to
aceept a contract, shall the grantor be bound by any
part of it7 We deny that the bond was ever in exist
ence; the defendants repudiate the act of the legiola
ture incorporating them ; yet they want to make use
of the recitals in that charter to show that they have
not broken a former act.
Grifln stated that be had searched in the fltate
Triaaurtr a office, when- such bonds are Kept, far thia
bond, but could nut find it. He would swear it if
necessary.
Mr. Lord said they must show that the bond anee
existed ; searching for nothing a man might find folly;
he would admit that the learned gentlemen had sear
ched all creation, but he would not admit that they
I. HI
ever expected to find the bond. He couldn't play faat
and loose with the case so.
Mr. ButUrsaid that by the particular proviaionaof
the act ot 1T95, John B. Coles was to construct a
bridge within 4 years and to keep it in repair for 60
years. He averred that by the act of 1797, there is a
clear a Imission that the bond was given. The pre
sent issue was tak* n on that averment ; but ky that
admission the people, the present plaintiffs are estop
psa from denying the execution of the bond ; the exe
cution of the bridge was admitted and the bond mast
have been given, for it was a mere incident. Tha exe
cution ?f the bond was a condition, precedent to the
acquisition ofsny ul the franchises conferred bv the
act. Therefore th? y had a receipt in tall. The nling
of this information took place 40 years after the act
of 1795, and the defendants had thence till now cn
joye the uninterrupted franchises of the act, and it
was rather ls?e to call for the bond to be produced.
The old rule had grown into a max tn, and was well
settled in all well regulated courts of law.
rlt* prusursantur."
The law of 1795 requires that a bond should be
given to the people of this state; we produce the ad
missions of the pit nuHs ihtraselvts that we executed
and delivered this bond to them, therefore it is not
nec ssary for us t j begm and prove that we made the
bend. Tltey sav that (he act of 1306 varied the char
acter of tha original franchise possessed by the pro
prietors of the bridge; that would have beau the ef
fect of it; but wi din not accept it It is true wt can
not make use of that act to enlarge or improve our
franchise. Neither do we w eh to use this law as an
estoppel, but merely to ahow that they admit we
made the bond; and we contend that this ex trinsic
collateral admission it competent evidence. Wecon
sioer that we here lay a foundation on which thejary
must presume that this bond was executed.
Mr. Oriflin?Although it be not necessary to super
add this evidence, na cumulative evidence, yet we can
gs on and show that John B Coles made the bond,
and Nathaniel (^oiee was his surety. Our enemies
had possesses of that bund. If I gave my opponent
a paper and he lost it, I aui not bound to show ha had
it; it ia sufficient to show his admissions thai he had
it. Now, if thertever was a case where the slightest
secondardy evidence was adnnsaabie, this case is that
Cass. The law is settled that yon may introduce the
admission of a party to the existenoe ofa paper, whan
you have introdneed the preliminary proof which
extricates you from the necessity nf producing the
technical proof. And if the careless edmissiono of a
party in the street areadmissabls evidence, why not
the admissions of the people of the State of New
York. Rut no. saya my learned opponent, you can
not gtva what the people said, htcauae the people of
ihastatf of New York in their collective capacity have
no tongues la it to be admitted in aland of law that
that ths people of this stats shall sobm ib and try to
tarn as sat of oar rights, bseaass we can't call ths
dead from their graves, sad make the eharehyards
yawn?the tomb to ops its poadsroas jaws. Ths
headsman ia dead?the subeeribing witness is dead?
all are dead; and because they are dead, we'll expose
you to a fine taaal to the value of Harlem bridge?a
ins of $50,000. My adversary says he'll try this
cause on its merits. I'm glad to meet him on the
threshold, to fight with the stiletto and not the broad
sword. Fortunately the sovereign people of this state
are not like the sovereigns of Turkey, clothed with
immunities; 1 knew of no privileges they have, that
are not possessed by the humblest individual.
Mr. Q. went on to cite authorities: The State ver
hus i eplcott, proprietors, 10 Massachusetts Reports,
155, it was decided that a resolution of the legislature
fixing certain landmarks to a patent light, precluded
the people of the state frem estoppel. He also quoted
Coke on Littleton, 19 B. where it stated that the re
hearsal or preamble of a statute is always to betaken
for truth, because it cannot be supposed thct a statute
made with theaathority of the whole realm, theaom
mons, the lords spiritual and temporal, and the king,
will stale a falsehood. The act of 1808, already men
tioned, was made by an authority equally high; and
wa give more than the preamble?we give the section.
Healso referred to Dwarris oh Statutes, p. 46 and 7
of Law Libel, where it is decided that a statute though
repealed may be introduced as evidence to explain aa
other statute or law to which it had any reference.
The judge said he understood that Mr. Lord had
contended that the act of 1808 must be considered
either as a grant or as an estoppel: it could not be a
grant, because it was not accepted ; it could not be
considered an estoppel because there was no mutu
ality.
Mr. Griffin said that he offered it as cumulative
evidence.
Mr. Lord said that all the gentleman had spoken
relative to stilettos and broadswords, was a mereepi
sode to the argument ; and he was ready to fight him
with those weapons or with guns and pistols; but it
was intended to provoke a fight elsewhere than the
weak place, to make it appear that the weak spot was
in the bond ; we should see when we got to the
bridge, whether the weak spot was in the bond or in
the bridge. The act of 1808 was no evidence that the
band ever existed ; the? may also give evidence of a
search for the bond il they once show that the bond
existed. An unaccepted deed cannot be given as
evidence of a recital in that deed. Ho did not intend
to nick name it, but it was an estoppel?a recital in a
statute cannot be evidence unless it is an estoppel,
and this is not an estoppel, beeausc it is not mutual
That unaccepted charier is not evidence of anything;
it cannot be used for one purpose and not lor ano
ther ; the gentleman avoids the ground that it is an
estoppel, but he must go that, or if not it is a nullity.
The judge said that it wasconseded it was not to be
considered as an estoppel, and also that on proving
the loss of the bond, secondary evidence could be in
troduced ; the question was whether an instrument
not binding as a contract, could be reseived as evi
dence of the admissionsof one of the contracting par
ties. He considered that the fact of its intending to
be delivered and not having been delivered, did not
vary the concession in the act?there was a broad
unqualified admission by the Legislature that the
bond had been made ; the Legislature of the stote
recognised all the rights and franchises conferred by
the act of 1795, us possessed by John B. Coles, and
all precedent acts of his contingent on the enjoyment
of tlioae rights, must be considered as done. 1 he law
sometimes presumes things to a great extent; some
times aets of parliament were presumed to have been
passed, although they eould not be proved. Under
ihs view of the ease as it now stood, he considered it
us admissible evidence.
Mr. Lord excepted.
The last section of the act of March 25th, 1806,
was then read, as follows:?
"That nothing in this act shall be considered tore
lease John B.Colts and Nathaniel Coles, jun.from a
certain bond entered into by them, pursuant to theact
of 1795, or from every forfeiture incurred by the said
Coles, and for which they ars now liable, but all the
rights of this state by reason of the said bond, or to
the said forfeitures, are to remain in as full force as
if this act had not passed."
Mr. Griffin said that he had disposed of all the is
bucs but two. One of these was, had Coles kept the
bridge in repair sinoc it was built 7 He called?
Townsend?Knows the bridge since 1811?been
kept in good repair?ample provision has been made
forit?plank and timber plenty was provided.
Cross examined.?Is a clerk?been agent for pay- i
ment of dividends to proprietors.
Lord.?Name the dividends, sir, that you have paid,
and to whom.
Judge?Is it oneof the questions at issue, whether
this company has paid t hose dividends or not 7 Let s
look to aha record.
LDrd?The record says they had undisturbed en
joyment of franchise by the receipt of the dividends.
Let them show the receipts.
Witness?Part of the dividends I fiaid with myowh
hand?and part I know from the book?dividends
were paid half-yearly to 12 or 15 stockholders?there
may have beca occasional intermissions. There was
a constitution of the Harlem Bridge Company, made
by John B. Coles?it was in writing. There were 400
shares.
Lord?If these four de>ndiuts are to be punished
to the extent of ?50,000 how much is the whole
bridge worth.
Objected to.
Kllen Mud go examined?Known Harlem Bridge
since 1798?resided there?her father was toll gatherer
- succeeded Willis the 1st toll-gatherer?ray father
was toll-gatherer 5 or 6 years?nis name was Weeks
?my husband succeeded my father?and remained
toll-gat herrr till 1826- John B. Coles appointed my
husband and my father?bridge was kept all that time
in good repair?knows this from observation stall
timet.
Peter Hanneberg examined?Waa toll-gatherer at
Harlem bridge?succeeded Mrs. Mudge?remained 6
months ?put thereby ihe defenhants?went over it
every day to see boards were not displaced large
enough to admit a horses foot.
Peter Randall examined?Was toll-gatherer?ap
pointed by defendants?remained there till June 1828
?had plenty of plnnka, Ac. to keep it in repair?fur
nished by Coles, Thomson and t heir associates-am
46 years old?known the bridge from a boy?it al
ways carried me over safe.
Lord?Do you know of vessels being stopped by
the drawer there 1
Objcated to. , . j
Griffin?Ask if the drawer was 12 feet wide?they
might have had Noah's ark down ihere?not our
fault if Noah's ark could'nt gat through.
Witness?Don't know the width of the drswsr, or
the arch underneath?never measured it.
Lord?Has not stone been thrown into the channel
under the draw, r 7
Objected to. . ...
Mr. Butler said if this had been done, itconid not
vitiate the charter?those who did so might be indict
ed for a nuisance. If the counsel will show thst etonc
was thrown into the channel to such an extent as to
appear nbovc the water at low water mark, he can do
s?> The defendants sere not bouad to keep a certain
depth of water there. ? ....
Mr. Lord said it was competent to inquire whether
theopeiung was 25 feet under water, e<> as to allow a
free passage for navigation. The opening was for
Vesstls to pass through, and not for carriages todrive
though. . , ... ...
Mr. Griffin read theact which authomed Joha B.
Coles, hie heirs and asa'gns, to build a dam of atone
all across tha Harelm river, so as to atop snd throw
back the water for milla. Ac and to make a hick 8ft.
wide, and so as to allow vessels to pass through
drawing 2 fort of water. The lagialatare did not mean
that 74 gnn ship# should pass through there ; the gen
tlemen might say that the drawer ought to have been
so constructed as to allow every vessel with hxea
standing masts to pasa through that ha# been con
strurled mnco the construction of the world,
depth of water is not an issuable point here?or whe
ther there is "s free passage for vessels with fix
?tasiling masts."
Court adjourned.
CJ UNION 3
mile bea??
"cal JoWm't ea. h Bmlon VrlsuVwr
S year.?bttag I be ?mly born aniecrO, wu
I be pane ... ._.i eihea?Mile heats?
A Sweap^be.J^ 3yesi.oWsn^ Wd T?,r.
Boiftwte, ? PWfeAi |1 ^ _ iir.ert wll/evisinly ?Urt.
ir? fit# will of lh0 It w ? a!,HX L. ftorTt,
ik a v i il II 4iUAMf.ll
? I. ir/i ?
mySlt - - - - ?j
.. ?v.?.hn |a i en Oand.y Isai, . brows flatBM I
15 "ft \ re war! wilt he paid to ?T
ng him to IN goarib weal
MtlC T MARKET.
WtiMiday. May ?..? p.M.
There u mack.peculation la WaM areei wtu
probable nWaloa of Mr. Gowperthwaite, I rota Philadelphia
who U now ia > this ally. It ia surmised by mm af oar fiaaneiers
that hi* niaaiaau caaaeeted with the supposed iataatioaaf
Mr. Riddlo la resume immediately with oar baahi, provided
haeaa be satisfied that the United Bute* Bank is safe from any
further boatile proceedings an the part of the government.?
That be li ready to resume it nadaubledly the cue, and that
hit own plan U not to resume aatil a more favorable time, to
ensure the benefits of a resumption oa the whole community,
is also allowed ; but as the New York bankt have virtually re
turned, and public opinion seems to be in favor of nn immedi
ate resumption, it it thought be may so far depart from hit own
line of conduct at to resume a few months earlier, in connec.
tioa with the New York barks. If this doet not take place, a
serious state of confusion will undoubtedly be the result among
the expanded baakt; but the impression teems to be, that on
the whole, Mr. Biddle will think it advisable to run some risk
and resume. Under this impression, southern exchange hu
improved today. Baltimore was very heavy at 4 per cent.
The board of directors of the Planters' Bank at Nubville, ia
order to reduce the present high rates of exchange, have deter,
mined to issue post nates to the amount of half a million, paya
ble in Philadelphia In 12 months from date. These will be is
' sued te depositors or sold for the bank paper at par. This will
I no deubl relieve exchange in a measure in that quarter. In till
| directions there is a moving cause at work, wbieh is gradually
bringing our financial affairs ence more into a healthy state.
I The scarelty of money we mentioned still pervades Wall
street, and the transactions at the board have been quite limit
ed in ail stocks, with the exception of Delaware It Hudson, of
which there was a fair quantity sold at great uniformity of
prices? kavixg opened asd closed at a decline of 1 percent on
the close of yesterday. Some other stocks exhibit a slight ad
vance? particularly N. River Ins, which rose I percent;
Harlem k Btonington improved } per cent. The Atlantic
Bank of Brooklyn has declared a dividend of I per cent
No sales of Treasury notes were made. Since the virtual
resumption nf our banks, the inquiry for these notes has fallen
off materially, aud there will be no demand at the rates at
which they are now held. It is shorter work for the importer
to give bis own check at the Custom House, than to purchase
Treasury notes, unless something can be made by (he opera_
lion.
By the Sonlh America, ari ived thisday, ?173,#00 in specie
has been received. This nearly completes the million which is
said to have been contracted for. How thisspeculation is to ter
minate, remains to be seen; as one of their intended customers
(Mr. Biddle) can do without it
Itate of Trade.
A fair business has been dene generally, notwithstanding the
unfavorable state of the weather, for out door transactions.?
The Influx of goods and passengers f om all quarters continue
without intermission ; and all that is wanted to produce a groat
activity in trade Is some regulation of inland exchange, and
this will proba' !y be soon accomplished. The sale of Ken
tucky hhds., given Uelow by Gerard, was at 2, 3, and 4 mo?.
The bales over |1?0 90 uays? the average of this sale was very
good.
Coffee?We continue to quote this article as heretofore?a
mo .crate business is doing for consumption. Mobile, 22d. s ock
fair; demand moderate?sales prime Havana, 14) a 16}; Rio,
14 els.
Si-cxa?There is no decided change in quotati?ns. though
prieesexKibit great firmness The arrives have been 266 hbds.
At New Orleans, 33d, toere had been a liule more doing,
thougli holders continue to ask the same. The demand is still
limiteo?on plantation there were no tr n'actions. Cleared
for the week, 772hltd*., of which 263 bbns were for New York.
Mobile, 23d, sugar was dull til 6) a 7}. At Baltimore, 232 hbds,
119KI>lt I*. R were sold at auction lor $4 65 a S 96, 264 hbds P.
K. $6.36 a6.35. Boston, May 1st, sales 400 boxes Havana, 8} a
9, 206 do. old crop, 7} a 8}.
Transactions Tliin Day.
Coffee?6# bgsMaracnil>o,8}af? Sugar?56 hhds P. R.
66 " St. Domingo, ?} 156 bxs B. H. 7|a6
100 " Brazil, 9}al0 76 " b. w. Hall
Salet of Sloett.
73 Phenix 100} 160 N River Ir.s 71
16 Merchants Exch 118 46 U States 93
50 Farm T 105 66 Contributiontbip 166
100 Am Lit T 99} AO Cast River 85
il Ohio LIT 93 66 Mohawk 61} a 62
56 Kentucky 82 195 Harlaem 58 a 57} a 58
10 State Bank 164 15 Bost It Prov 99
35 Lafayette, Cinn P6 80 Stonington 36
896 Del k Had 72} a 73 a 72} 156 Lor g Island 57} a 57
Jnttion Sales.
Paper?16 reams, 75 Sugar?21 hhds 6}a6i
Rags-90 bags Sicily. 3}a5} Coffee?36n bgs R>o,d'gd,b}a6t
Sejant?16m. 11} Wit e?16 qr cks irn pert, 3d
10ns. lady, t>| Lemons?16 baxes, 95
Tobaren?14 hbds Ky s'd.PaA} Nuts?30 bgs Madeira, 2a2}
3
12 bbs Ky sound, 7}a3) Filberts?26 Kgs
4 " ? 6?4} Corks?3 bales.
25 bales old Cuba, 15} Run?4 hbds St. Croix, 85
16 ?? Havana, 12 Fish?10 baletsrale, 1}
1 box Ky, 10} Almonds?6 bales, 8}
MARRIED.
On the 30th ult. Captain N. Freeman, of Brewster, Stale of
Massachusetts, to Miss Mary Oiay Irvine, laie of Edinburgh,
At NirliPm, N. Y .on Tarxiay rffrlnj, lit mutant, by Uia
Rev. Richard L. Mrhoontnaker, Theodore J. F. Jarkvou to
Mary Adeline, daughter ot the late Capt J. 8 Clark, all of tha
Mime piace.
At Brooklyn, on Tuesday evening, the 1st inataHt, hy the
Rev. Mr. Bpencer, Mr. K. W. (Jre<n, of Kant Hadriam, Cona.
to Mary O., daughter at Avery Morgan, Esq. of Colchester!
Conn.
At Morristewn. N. J., on the S4th ult. by the Rev. O. L. Kirt
lana.Rev. Geo. W. Wood, (a missionary of A. B. C. F M., de
stined to Singapore) to Miss Martha Maria, daughter o( Silas
Johnson, of Morrltlewn.
At Utica.oa the lftth ult. bv the R?v. Mr. ManHeville, James
Dean, Esq. to Mrs. Mary F. Upson, daogtilsr of Capt. William
Clarke, all of b'tica.
At Philadelphia, on the 80th nit. H W Gaml.es, nl Montgo
mery county, to Frances, daughter of ike late John W. Ma
comb, of Mew York.
DIED.
On the 1st instant. John P- Haff, senior, in the 69ih year of
his age.
On Tuesday, the lat mutant, John MaMollen, in the Mik year
of his age.
On the 1st Instant, Lydia, wife of the late Joseph Hon land,
a/ed 84 years.
On Tuesday, the 1st iastaat, Mrs. Nancy,ronton of Jonathan
Faltoute.
Oa the 90th ult Jaae, wife of Joseph Morritoa, in the 58th
year of her age.
On the 1st instant, Henry, ton of David B. and KlisaJarvia,
aged 3 years anil II month*.
At Brooklyn, on the 1st instant, Mrs. Mebtable C., wife of
Mark Oess, formerly of Ike state ol Vermont, in tke 43a year
of his age.
MACKENZIE'8 GAZETTE.
XT TIIK firm number will be published on Saturday morn
ing tbe l.lh ol May. '1 be price per ysar is $8?the sue of tbo
paper that of tbe Emigrant, orot the Albion.
The office is removed from 44 John street, to the First Floor
of No. 144 Nassau s. reel, (I >te the office of the N. Y. Evangel.
1st,) opposite the Park, and between the offices of the New
Era and the Man and T tnsmaay llall. m\ 3-3t*
~~ [Fr< ia the Mew York Man, April 50 [
ETTHE following communication hnsbesnin type since
Matnrday. Our correspondent wtd he pleased to learn that
Dr. Braadteth arrive,I in towa last evening, as will be seen by
an advert isement in another column,signed by himself.
TefAs JCdtSe s/ffis Sow.
Dear Sir,?Oi late ? have el .served in sense of the Pluladel
psla papers several adverti.eniei.ti signed by one WILLIAM
WRlOiiT, who was letmeily agant tbete for the sale of
BRANOKETH'8 TILLB. These . (fusion- are seurriisus at
tscks both upon the private rharac er and integrity of Dr.
Brandreth. and are In fact hardy worth notice in Uns city,
whereto* irreprnacbaule character of tbe Doctor is so well
known, tut as Dr B. is now absent at tbe South, where be
hat been pioaecutiag MS bosiness since January, ami as
Wrigh's s Iserti-smen ? (which 1 understand are to be repuh
listied be.e) mnv probably tend to misiend strangers, I wish,
through Ihe mr.'num f your psper, to apprise the pub ic that
hi* ENTIRE STATEMENTS are not only MAf.lCIOI S
l.V FALmK, bt. are founded In the BABE8T IN?*ATI
Tl DE. __
It was by accl tent 1 learned of the arrangement between Dr.
Rra..dretb ami Mr Wright, and I know that tbe liberal dla.
count w hich tbe Doctor adowed him, alone established It ai la
buclneea, and alan enabled him o po chase a boost to live hi ?
I also a now the fac- that Dr. B. cxlenied hi? farther lodal.
g? nee l/y loans ol money (?ome g.SO< 0 or ffdOimi Ironi his own
pocket, to assist hi in m this laUer purr base Tha public may
thereti.reludgeid the ba>e ingratitude by his own statement
He ???s thai Dr. Brandreth offered htm ffJAon for b|. agrwry,
o-ovided he would ctvSbonds mil to sell any oilier me icine,
2mi tkra refused in give bin. any thing Bn. * id he (Wrlghlj
not also re I use to give tke required lortr How Uien could
he ea ee a to tecei vr |2S"0 for g i v ing u o the ag ency ol the gen
uine article and *e ling a counterte.t In ita .tend'
la cone avion I would ash Mr Wright wheth.rhe did hot
enmroenc- s-llug a c?.uni?ri'en medicine, helore Ihe genuina
Braadreib's Pil ? were reluse.. him f
With respect t# Mr Wright's mean Insinuation again-t the
private character ef Dr. B ? although they are it character
with the rest of bn statement*, I consider thtm entirely too
eontemptibie for adet iled notice. Ii is sufficient to any that
s nee bisresider.ee in tins country (a little more than three
years) Dr nrandr. ill hss surnamed an unbh ruiabeo reputn
lien tor inlegri'V no only in a.I his dealings, hut *n private
life. Ga bis arrival here, Irnm England, he brought Inner*
from some of the most respertahie families la London and
suburbs and I am liapp> to know that he stand* t< n It gh isi
this city to he reach'd hy the heartless attacks ot saeii a pertoa
as WngbL
With tuts explanation I will lesvc Wright to exalt in his bwsi
iaiaaty, antl exlnhil as much ol lit- ha-eness to to the public as
he pi- a-es, trusting thai Br. Biaudrr-th will toot, he in town to
plead hianwa rase, II he tbiakt Wright's scurrilous attacks are
wnliy o, notice
I hope, Mr. Editor, as yon have on more than one occasion
voluntarily endorse* the unsullied reputa'wi of Dr. Bran
dreth, you will, in Ills absence. Insert this Injustice io him, and
oblige A NATIVE BURN NEW YORKER.
m\3-3t
WANTED A young woman to tahe rh?rre of a Fancy
Dress Waning, billlncry sod Fancy Dry On d* Siore
in a country vll|?ge One who aorler-tsuoe the shore he-ine*s
will i,ear ?f a g?od si naitoo. by applying bet ween Hehonrm
of7 and # o'clock. A. M at No ITti'nurc* St.
WA jfr rd-Ai34 Vesey street,a white er*?m a* omiE
She must be one who noderstsnds h' r bpstwoca m sn ru
hranehea, end of grw>4 rerom manual kin. Elhnwise, a ?
to aestei la Ihe kitchen. my- -1