OCR Interpretation


Morning herald. (New York [N.Y.]) 1837-1840, July 11, 1839, Image 2

Image and text provided by Library of Congress, Washington, DC

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83030312/1839-07-11/ed-1/seq-2/

What is OCR?


Thumbnail for

MORNING HERALD.
THVMDAI, JULY 11. I??
Tm Carrier* mf Wrmpuwri.
Paring the last ten days, several of the regular
Carriers of the Herald hare wilfully neglected aerv
lag their subscribers, in order to ?ell their copies at
an advance, endeavoring at the same tine to pit otf
upon our patron* the other trashy penay and two
penny paper*. In order to put an end to this nefa
rious business, and t? ensure the punctual serving
?f our subscribers, we hare determined to change
several of onr present Carriers who neglect their du
ties, for honest and competent men, who will attend
to then. The increase of the Herald is so great
that routes will furuish good Carriers with steady
livings. Carriers answering this description will
please to call at this office, 21 Ann street, between
the hours of 10 and 2 e'clock.
Wasted IminrrfiHtaly,
A good horae and gig, to follow the Royal cortege
of his Majesty the President, during his plain repub
lican Progress through his native state. Any livery
?table keeper who can supply sach an article on rea
sonable terms, can apply immediately ts me, at 21
Ann street. I want it for my own use, in order to be
able to track the footsteps of hi* Excellency. The
horse mast be acquainted with crooked paths and
by-ways, aa we will have a very circuitous route to
take to reach Kinderhook and Saratoga. The gig
must be royal and superb, befitting the high caval
cade it is meant to join? the royal republican arms
on the pannels. Also
Wa>te4,
A good Setter Dog, who has a capital nose and is
well trained. In the royal progresa 1 am afraid that
we may lose the tracks of his Highness occasionally.
In such a dilemma I want a good pointer or setter,
capable of discovering ths royal covert amid the wild
thickets of locefocoism in Westchester, Duchess,
Columbia, and Saratoga counties. Great sport mav
be expected.
Hi* Pw critic Majeuly on Ike High Rood |
ta iiRg Ming.
In the same order that His Republicaa Highness,
Martin Van Buren and his body guard, left New
York, they arrived at Harlem. Here the squad of
shabbies, unmentionables, gentlemen, rogues, loafers,
decent men and vagabonds, delivered hira "with
care, this side up," into the hands of the committee
of republican farmers from West Chester, headed by
the veteran Mr. Hunter, whose barouche was in wait
ing for His Majesty. His Republican Highness, glad
to secape from every recollection of the relics of
New York, jumped into Mr. Hunter's barouche,
bade an universal, and far once in his life, a hearty
adieu to the New York cseort of fantasticals, and set
his face for Hunter's Island and the elegant mansion
it contains. "Well, he's gone at last," said Alder
man Purdy to Mayor Warian. ''Yes, God bless
him," said the Mayor, u for he's a man of great ge
nius?" But the Mayor is much mistaken. Mr. Van
Buren is a man of much tact, and uot a little talent,
but he's too much of a gentleman to be a genius !
The escort that took His Highness from Harlem
Bridge to Hunter's Island, was of 'another guess kind'
from many of the unsubstantials that left New York
with him. They were not men of great education
and refinement of manners, but they were men of
sound common sense, of good standing in sucie
ty, and have a solid stake in the commonwealth.?
Mr. Huuter himself is a gentleman by nature, and
one of her truest noblemen? plain, simple, and unas
suming; yet possessing excellent judgment, and tine
taste for the bellt* lettren, music, poetry, painting,
and abstruse science. His Democratic Majesty felt
at ease amongst them; here he reigned supreme ? a
gentleman by education, habit, associations, and from
choice, he is unhappy but with those who have the
stamp of genuine gentility about them. He was sur
rounded by men of good breeding, but moderate in
tellect?men who had not the art to conceal their
nature, sr the little they might know ? men whom
lie could easily lead in various ways, and who would
?ever resist his desires, or say aught to auaoy hint.
Here he was, for a brief space, happy.
His reception along the entire route was really
pleasing. A great number of ladies waited hours to
see him ; the excellent wives and charming daugh
ters of the substantial Westchester farmers, (the
bone and sinew, aye, and even the mrrrow of socie
ty,) turned out en mane, to see and greet the Presi
dent. At W est Farms a very large number of horse
men, well mounted, and ladies in carriages, wore
assembled to do him honor ; and here the cheering
Was most enthusiastic.
Hence the route to the beautiful residence of Mr.
Hunter is full of delightful scenery. The waving
fields of wheat, corn, rye, See., on the one hand, the
luxuriant meadows, skirted by the East river on the
other, the groves of noble trees, the rivulets, brooks,
creeks, inlets, bridges,
" Mu?*cs, waters, slaps, and stiles,'
with here and there the neat white cottage of the
independent husbandman, contrasting with the plain
substantial farmer, all combine to produce a scene
that few places, saTe this part of Westchester, can
produce, for beauty and picturesque effect. Passing
by the stone and wooden bridge at Westchester, the
road leads round by the handsome mansion of Tho
mas E.Taylor, Esq., the excellent and sterling far
mer, who curbed and destroyed the atrocious mono
poly of Harlem Bridge. The road hence is full of
beauty and variety till we arrive abreast sf Hunter's
Island. An abrupt turn right, exhibits the house on
the summit of a hill, covered with groves of trees,
lawn, grass plats, and rich fields of grain; the ufi/e
ft duiri combined to admiration. A short descent
brings us ts an arm of the East river which divides
the island from the main land. A neat bridge crosses
this, at the end of which stands the porter's lodge,
similar to those at the entrance to the parks of the
nobility is England, though on a somewhat hum
bler seals. A winding road, up a gentle rise,
leads past the stables (which are not well concealed
fr?m view) to the west point of the mansion of Mr.
Hunter, which as far as its internal arrangements go,
may be termed princely. The two sides of the home
are embowered, or as we Irishmen would say, sur
rounded with tress, and the east front opens oa the
E*st Riter with a glorious view of Long Island
t< Had A sloping lawn of great beauty, interspersed
with flower borders, leads frons the CM*t front steps
to the w ster's edge
fueh is the state and situation of Hunter's Island,
f -aid its princely mansion, which is almost the most
beautiful plaee in the county, and at which II is
Republican Highness, Martin Tan lluren, satiated the
cravings *f his regal stomach, and reposed His Im
perial limbs, by the grace of God, on the night of
Tuesday, the ninth day of July, i, the y<tJir nf n||r
Lord and Mavior Jesus Christ, one thousand eiplit
hundred and thirty-nine, and there, fur the present,
we leave him.
Ariel was with him the best part of yesterday;?
walked, talked and dined with His Royal Republican
Highness, and will furnish the full particulars fur
tomorrow's paper, of his Democratic Majesty's do
ing* up to bed -time last night. His Royal Republl
ran Highness leaves Hunter's Island at ten o'clock
this morning, proceeds to New Rorhelle to meet tin
wh<>rrsh boys, and thence rides to Gen. Ward's ele
gant mansion at fling Hmg, whither our trusty Ariel
accompanies him.
A Trip i# Bmim-A Trip It Bia? lto|-A
Trip $m ? r?m?
I hart jut returned from Boston. Ob Friday l??t
I started for that beautiful city on a voyage of lore
and discovery? love to his Highness, the President,
and discovery to know if far famed Harvard would
confer on him an L. L. D., as it once did on the
great Jackson. During ray absence, all my Ariels
and aids-de-camp were busy watching the footsteps
J of the President, and reporting accordingly.
This trip to Beaton has been a e*ri??u# affair. Like
; his Highness in making a royal progress, it cost me j
i aothing but a few half dollars to porters, boots and |
| chambermaids. Wherever I went the doors Hew |
j open ? charapaigne corks flew up to heave#? or the
, ceiling ? and every thing was as free as the a inds on
j the mountains. While the President is making his
j royal progress through his loyal county of West
Chester, and conferring everlasting honor on the old
nobleate by sleeping in their sheets, eating their
bread, or drinking their wine, or ogling their wives,
we trust that we n?ay be allowed to give our readers
a full account of the trip to Hoston ? of the splendid
travelling on the Sound ? of the busy hum of Provi
? dence ? of the picturesque beauty of Boston. One
' of my objects was to take a look at the AUston Gal- j
, lery, and a beautiful collection it was.
In a day or two we mean to join bis Highness at
j the State Prison at Sing Sing ? not to break stone,
but to break hearts ? the hearts of the pretty girls of j
Sing Sing and Mount Pleasant ? not to " suffer some"
in our own proper persons ? but to make others suf
i fer some for us great men. During the next six
| vfeeks, the President will remain in this State. He
will visit every distinguished spot from New York j
city to Saratoga? not forgetting his old cabbage ,
garden in Kinderhook, which must be put in repair
by next year, if the whigs should have sense enough
to take up General Scott. To attend the devious i
footsteps of his Excellency, we find that, not one
Ariel, but half a dozen are necessary. Hi.* High- j
ness is like a wild duck in a pond. He dives down ;
among the bushes; but the devil cannot tell where
he usay rise on the surface. But to catch him wber
ever he pops up his head, we liave despatched one |
experienced Ariel, three spirits of the air ? four !
spirits of the water, one spirit of fire, from the body 1
guard of Beelzebub, and an experienced spirit of j
mystery from hell itself. Whatever course he may I
take, one of these will catch him ? nor will they be !
cheated out of their game by all the crooked ways i
and zigzag paths his Highness may take.
la the meantime, while Mr. Van Buren is hid some- ,
where in Westchester county, we shall give a de- !
scription of oar pleasant trip to Providence and Bos
ton, aud back by the way of Stonington
The Wall Stkef.t Newspaper Svstem or Fi
nance. ? 1 That the corrupt, speculating, jobbing news
papers of Wall street are unable to maintain them
selves by a wholesome system of advertising, and
transacting their general business, we have long
since asserted ; and the recent trialj of Mr. Clirehugh
and Mr. Attwill arc incontrovertable evidences of
this fact. The " Courier" sued Mr. Attwill, of the
music warehouse Broadway, for over $180; it was
alleged that this sum was for advertisements. Mr.
Attwill proved that he never sent any ad vertisemcnts
to the "Courier," because they were seldom seen by
any one amid the crowd of old unpaid advertise
mcuts in that blood stained sheet. He also proved
that an item of was charged for one advertise
ment placed on the lust page of the paper for sixty
three days without his order. He farther showed
that many of the advertisements said to have been '
sent by him, and inserted in the "Courier," were '
printed copy, marked on the margin "Com." thus
showing that they were sent from the "Commercial"
to the " Courier.''
1A.d this is the way that one corrupt Wall street 1
paper endeavors to bolster up another, and the honest
I industrious tradesman is made to suffer. They ul ,
I ways select a good victim; Mr. Attwill was known I
.i? an upright, correct, punctual tradesman; his adver- j
| tiseincnts were inserted without his know ledge, and j
| he had to pay far this shameful scheme #130, in- j
! eluding law expenses; for which sum he did not de- '
rive ISO cents worth of benefit. The case of Mr. i
Clirehugh, the fashionable hairdresser, coraer of
Broadway and Fulton street, was equally oppressive
and shameful. He never saw the " Gazette," a paper j
which prosecuted him for .advertising charges;
scarcely knew of its existence, and never on any
occasion ordered an advertisement to be sent to th?
" Gazette, ' an J yet the conductors of that paper in
sert his advertisement without order, and prosecate
him to recover the money. Such conduct is most
shameful. One plea put iu by the " Courier," we
wish they would stick to. They said that some one
brought the advertisements to them purporting to be
Mr. Altwill's agent; that upon the good faith of this
statemeat, that the bearer was the agent of Mr. Att
will they gave Mr. A. credit, and upon this plea the
Judge said they were entitled to recover. Now,
what is sauce for the goose is surely sauce far the
! gander. Inw time since, one ?>f their editors, j
named Burdett, known to be connected with their
paper, went to the livery stable of Mr. Benjamin j
Roe, in John street, and hired a horse and wagon for
the "Courier and Knquirer." Knowing him to be
an agent of that paper, Mr. Roe gave the establish
i ment credit for the horse aud wagon. The latter ,
? was broken to pieces, and when Mr. Roe presented
the bill for $12 for expenses, the cashier of the
"Courier" refused to pay ? cent, or recognise the
acts of their agents. Now we ask is this either just
or honorable! and will honest merchants patronise
people who act in this outrageous manuerl
Tm* British Qite*.? ' The period for the arri
val of this noble vessel is rapidly approaching. Ex
pectation is on tiptoe? she has, if she sailed on her
1 day, already Wen out 10| days, and there arc many
who are confident that she can perform the passage
in tbat time. If, however, she completes 14 days
on the noon of Sunday next, she will make a remark
able run. She is intended to accommodate IMNI pas
sengers, and at onr latest dates, her berths were al
' ready taken up, as well as her compliment of freight
It is the opinion of some who saw her just previous
to the sailing of the Liverpool that she will be de
i tained a few days past ber time, she having to go
| from Greenock to London to finish her cabins, to
take in store*, dtc. fee., previous to the first. This
! is, however, matter of opinion only. Sunday noon
will probably put us in possession of her adviaes.
Tub Nr. wBcnoH R*oatta came off yesterday
J in fine style. The concourse of people assembled,
including npwards of a thousand lovely women, to
' witness it, was immense. We wish we had time
to give a full desonption today, but Ariel did not re
turn till after II o'clock last night, and we have only
lime, therefore, to say the Corsair, of Newbnrgb,
heat the Wave, Washington, and every other six
oared boat. The Duane came in ahead of the other
nine fouronred boats; and of those pulled hy senlls,
the Arab was victorious. The whole affair was con
ducted on n grand scale. The winners smiled and
treated their friends sumptnonsly; the losers wore
long fares, and the ladies praised the victors and eon.
dolrd the vanquished. The famous boat Wave has
at last been beaten? the boat that invariably came in
?bead at every race anterior to this.
frh There have been destroyed in Mobile by fire
. since the 1st of January last, property to the value
j of #
Tub American Consul at Havana.? That this
nil ku committed outrages enough upon iaerieu
citizen* to warraat hi* dismissal, there eannot be
the least diubt. But whether he will he dismissed
for his offences, is very doubtful. Mr. Van Sure*
says, that be looks upon Mr. Trist as art old and very
intimate friend; and he cannot, therefore, think of
discharging an intimate friend from an otBoe worth
?90,000 a year. Moreover, Mr. Trist has written
long and elaborate essays in praise efthe Sub-Treasa
ry system, which alone "eovareth a multitude ef sins."
Ia what way the Consulate department at Havana is
mixed up with slavery, and the slave trade, and how
the slavers get their papers from that quarter, is net
?o much of a mystery as some persons imagine ? j
Mr. Van Buren thinks it is not worth while to say (
much about it. Lord Palmerston openly charges
our Consulate at Havana with furnishing slave papers
through the Vice Consul; and be has remonstrated
with this Government on that rery subject, and
called for the instant removal of Trist from the of
fice of American Consul at Havana. Trist laughs at
all this, and says that his tenure of office is certain
and safe, so long as Mr. Van Buren holds the reins j
of government. Capt. Wendell charges Trist openly
with having taken sailors and boarded them at his
house; and then charged enormously, as Peyton Gay !
did at Martinique. Again, Capt. Wendell says that
he has waited on ti?e Secretary of State and the Pre
sident for redress. Mr. Forsyth told him to prose
cute the bonds given by Mr. Trist. Capt. Weadell !
applied in vain to two or three officials to procure a '
copy of the bonds. Tom referred him to Dick, and
Dick turned him over to Harry, and Harry sent him
to somebody else; and at last he was told that the de
partment would not give him any copies of the bonds
for the purposes of prosecution, or for the simple
sake of furthering the ends of justice. When Capt. j
Wendell was introduced to tko President, and had |
told his story, his Highness coolly ebserved, "Ah,
Capt. Wendell? prison? umph? your health has suf
fered considerably! 1 hope yeu feel better!" "I do a
little," said the Captain. " Ah !" replied his High
ness, " you had a father, Capt. Wendell? I hope he's
well." "He's not living, Mr. Van Buren." "Oh ! I
dead ! yes ! 1 remember ! He was a very sensible i
man; and your mother was a woman of good sense. ?
I hope your wife and family are quite well, #apt.
Wendell." "Pretty well, thank you, Mr. Van
Buren; but touching this case of mine in relation to
Mr. Consul Trist; I have suffered cruelly by him.
Can I get no redress V' " No ! yes ! that is, I don't
exactly see but that something may be done; but Mr.
Trist is a man of good sense, and a very kind heart ;
1 have known him a long time, a very long time. ?
He must have been mistaken; he never weuld act so
from vindictiveness. I'll see what can be done !"
And thus the affair is procrastinated. Mr. Tri*t
iasults our merchants and captains, and exults in the
success of his schemes. Mr. Van Buren insults our
merchants, and exalts whilst bis schemes are blown
to the devil! Viva Van Buren ! Viva Humbug.
General Scott ? General Harrison ? Mr. Clav
? ii* New-York. ? The " Boston Atlas" copies an
article frem a Cincinnati paper, stating that, save and
except a few politiciaas in this city, the great body
of the Whig party in this state, is not for Mr.
Clay. This is even so? but when the same person
says that the Whig party are for General Harrison,
he says what is equally an error. The opposition
parly it for Oeneral Scott, and all the politicians
will find it before next fall.
Warm Baths.?- Now that the warm weather has
come upon u* beyond a doubt, a wars bath is one of
the most refreshing things that can be taken ? unless
it is to lake a purse. We advise Chamberlain Hoyt,
and all the fashionable locofocos to step at once into
Stoppani's, at the Arcade Baths, Chambers street,
and wash away the impurities caught during the
i royal revelries of the last ten days. They will smell
I sweeter tomorrow.
OCJ- Madame Caradori takes her farewell benefit
at the Park this evening. We would, if we could,
say something in her favor? but really we know
not what to say. Her own sweet voice can best
tell of her rare qualities. It ought to be a bumper.
A Royal Toast ?At the fgte given by Alderman
Hall, at Harlem, after the ladies had retired to tuck
up their curls, his Royal Highness Prince Smith
Van Bnren, cried out, "now, gentlemen, I'll give
you a toast ? fill to the brim."
The locofocos present filled all their glasses. The
Prince ruse. " Gentlemen," said he, "I give you <
? the Indomitable* anil Buttender* forever.' " The
company drank, shouted, hollowed, and emptied
every butt-end a second time.
" Wl.ut noise is that 1" asked a grocer in Harlem.
" It is the chorus of the devils in Der F reischul
was the reply. And so it was. Satan popped up
his b?:ad at the turn of the tide at Hellgate, and
chuckled at the sport.
Qty* During the last week our circulation lias i
more than doubled. This shows the great prosperi
ty of the "Herald," and the approval of the way in
which we have served up his Democratic Majesty.
During the present week, our table will be equally
rich. On Saturday last, our office was surroueded j
by a mob all day ? not a mob to destroy ? but a mob
to buy, read, laugh and enjoy the descriptions given
of his Majesty's curious movements. Next Satur
day it will be equally so. Prepare for greater fun
than ever.
QtJ* President Van Buren goes for the "Indepen
dent Treasury," and Governor Seward for perfect
"social equality." What's the difference 1 Are
they not both equally sincere and equally humbugs 1
fTf- Nolte, the great speculator, having been re
leased from prison by a writ of habeas corpus, was
last seen on his way to Louisville. Is it not time for
the New York speculators to cot and runt
fry. SfLtv's portrait of Queen .Victoria closes on
Saturday next. ApropoM, a silly correspondent of
the silly "Star," says that the Dutchess of Kent is a
handsome woman, and Victoria a squat ugly creature.
This fellow could never have seen either. The
Dutchess of Kent is one of the grimest looking wo<
men we ever saw, and we have seen her several
times. Victoria is a fair, smiling, pretty looking
young Bowery girl? and no mistake. Her figure is J
tery pretty and petite.
(ft- We have a very serious complaint against the
; Wave stramer on the 4th inst. A correspondent
complains that the Captain left two hundred beauti
1 fnl women on the dock at Fort Hamilton till past
| midnight. If ha left young men with the young wo
men, they could easily have made themselves agree
able to each other. If it was beautiful starlight, they
i could go a prayiag? vre should have liked no better '
employment.
Capt. Thomas Dunham, Jr. of New York, had
hi* shoulder dislocated, and Mrs. Ljrdia Macy, wife
of Jnsiah Maey, Ksq.< of Nantucket, was severely
injured, by upsetting of the Tauaton stage, ia Nctv
Bedford, on Monday last.
(?? A splendid description of the National Guards
at Fort Hamilton will be given tomorrow. Look out
for fun.
Accounts of dreadlul accidents, and horrible |
mangling, on the 4th inst , continue to reach us from
| nil parts of the country. I
The Cbm mf Mr. *???! Mr*. Barry.
[Concluded from yesterday's paper.]
If Hi? Honor's order really secure to Mn. Barry
the possession of my child 44 until some agreement
?r compromise be made between us," there is little
doubt but she will deem it hura for *ve r-uuioea 1
obtain a charge of custody by a judicial decision,
which 1 shall most certainly attempt, if 1 be spared,
and in which 1 hope and truat to succeed. Though
I have ever stood ready to meet her, I can havu no
hope of her yielding to any agreement or compro
mise, that involves her removal from New York.
It is not i? the power of humanity to do more than
I have done, of a conciliatory nature, towards her;
yet, I have been invariably met with a draw* sword
?the scabbard thrown to the winds: and, the only
return 1 have received from her and her family, has
been slander, abuse and proscription, dealt out most
unsparingly during my absence from the city. ?*r? j
it not that almost any individual would be led to
suppose, from the allusion of His Honor to 4 agree
ment or compromise," that no such thing had noen
hitherto attempted, at least by me, I should not, in
this communication, have alluded to it. In proot,
however, of this, I should transcribe the copy ol a
letter I caused to be delivered to her on the 1st day
of June last, more than a fortnight after the issuing
of the writ of habeas^ orpus To this communica
tion I received no r^ily, although 1 called at the
house for one ; yet, 1 trust the public will he satis
fied, from its perusal that I have done my duty in
the premises.
44 Eliza? , , .
I have called at the office of Mr. Anthon this
day, and found to my great disappointment, as much
as to his surprise, that nothing had been yet received
by him from your counsel on our unhappy business.
I, however, assure you that neither the present ab
sence of important testimony, which will be forth
coming when required ? nor delay ? nor auy other
occurrence, or mode of procedure on the part of you
or yours, can possibly break down my determinate
resolution to test my rights in you and my child, to
the utmost extent, if the decision of a legal tribunal
must, at your option, be the only mode ol arriving
at that result. Yet, notwithstanding matters have
already gone so far, I do feel that this neeu not be
and, fully determined to leave no room, ? to have no
cause for self reproach in after days, I now avail
myself of the lapse of time between this and Monday
morning, during which nothing lurther of a legal na
ture can be done, again, in the kindliest, and most
afl'ectionate manner, to propose, for your acceptance,
the most liberal terms of reconciliation, viz : 1 hat
all legal and other hostilities immediately cease
that deepest oblivion, so far as we are able, cover
the recollection of every thing past, of an unhappy ;
nature between us; no mention of which, from one
to the other, shall under any circumstances, ever
take place? and that we henceforth endeavor to die
charge faithfully our several duties and obligations
to each other, and to ihose dependent on us.
I am not inclined ttAonceal, that iu so doing 1 am
aware it will be needful fur us on both sides to make
a aacrifiee ? a great, a tremendous sacrifice ol pcrso
nal feeling* For thia I am prepared. Hut admitting
these sacrifices involved in a reconciliation to e
most severe, still, are they not far less than the sut
ferings which must be our mutual lot in a legal con
troversy, and in favor of whomsoever it ? An?
then, our children! yes ? our precious children..
Will not you permit their interests, if nothing else
to weigh with you I There is no amount ol personal
feeling, to the sacrifice of which 1 would not submit,
short of total abandonment of character and reputa
tion, or a tacit submission to attempts at their tra
duction, for the interests ef our dear children. lou
now, 1 presume, know my father's unqualified opin
ion of your persisting in absenting yourstll from our
family, without the possibility of mistaking him; al
though I have never spoken to him on the subject one
word. To another than Imogen, however, from
whose lips I had it, he remarked that 44 in his opin
ion, your were planting thorns for your dying pil
low. From this I would fain preserve you ; and 1
seriously ask you, ought any consideration lor the
remarks of the community, either here or at Nova
Scotia on the subject of our reconciliation" to deter
us from the performance of duty t If once again hap
py in ourselves ? in each other ? nod in tnose so dear
to us? as we may even yet assuredly be? of how little
consequence to "us wonld these remarks be! And
how very small a bearing could they, bj any possibi
lity, have on our welfare! 1 bring not these consi
derations to your notice iu the form ol entreaty.
1'bis 1 cannot consent to do; but I kindly and allec
ttonately submit them tor the decision of your enlmly
deliberate judgment in the exercise of which 1 trust
the quietude ol the morrow (Sunday) will profitably
aid you.
Mr. Anthon doeenot ku?w of this communication;
neither has it been suggested by hnn or any other
person. The spontaneity of ray Wart's deep feelings
and a sense of duty, have alone prompted it.
I shall call on Monday morning at ball past eight
o'clock, that a rculy may be hat.ded me in case you
?o incline; and if eo, 1 request that it may be from
under your own hand, and not written by another.
Meantime, with tender solicitude and affectionate
anxiety, I remain still Voir Husba.ip
Saturday afternoon, 1st June, 1H3M.
What is the unhappy and unhonorable situation in
which Mrs. Barry stands, while thus resisting all at
tempts at conciliation, and in which the unfortunate
decision of Hie Honor in awarding to her the custt>dy
of my child, is but too well calculated to encourage
her to continue, may be estimated in some tolerable
decree from the following language of Chancellor
Walworth, in giving his decision in the case of Ro
gers r Rodgers, which 1 have copied from Paine s
Chancery Reports, vol. 4, p 517, i<J4. He ?aj ? as
follows, via:? "It ia impossible for a femrac convene
to make any valid agreement with her husband to
live separate from hnn, in violation of the raaimige
contract, an J of the duties which she owes to socie
ty, except under the sanction of the Court, and in a
case where the conduct of her husband has been such
as to entitle her to a decree for a separation. 1 he
law of the land do?s not authorize nor sanction a
voluntary agreement for separation, between husband
and wife. The indissolubility of the marriage con
tract renders it iinpossihle lor the parties to release
each other from the reciprocal duties which the rela
tion of husband and wife implies. Sir Wm. Scott,
in delivering the judgment in the case of Mortimer
v. Mortimer, (2 Hagg Cons. Rep. 3IS,) says, the
! Court considers a private separation, an illegal con
tract. It implies a renunciation of stipulated dnties,
a dereliction of thos? mutual offices which the par
ties are not at liberty to desert; an assumption of a
false character in both parties, contrary to the rea
status personsr, and to the obligations which both of
them have contracted in the sight of God and man to
live together until death; and on which obligations
the solemnities, both of civil society and of religion,
have stamped a binding authority, from which the
parties cannot release themselves by any private act
of their own. or for cause* which the law has not
pronounced to be sufficient, and sufficiently proved."
Here, then, is a solemn opinion of the highest au
thority in thi* State, of the situation of parties under
u voluntary agreement for separation; and with how
much stronger force then does it come home to the
c?hv of Mr. Marry, where the inclination to be se
parate, is only on her own side, not on that ol her
husband'!
But one thing more remains to be noticed, and l
have done for the present His Honor was incorrect
in thinking 14 that my counsel would concede that
the examination of witnesses would not establish the
facts to be diflerent," if. by "ihe facts," he mean
thoae attested by Mrs. H and her father, in their
affidw vits returned tothewrit. On the contrary, my
counsel then knew, and still know, and I pled e my
self to the truth and accuracy of their knowledge,
derived, of course, from their confidence in my vera
city, that by an examination of witnesses, and an
exhibition of the documentary testimony in my pos
session the whole refuge ol calumny, malignity, and
falsehood, relied oil to destroy me. would have been
swept away as by the action of a whirlwind. I must
npoloitiste to you sir, for the length of this communi
cation; but, I trust lhat the extremely painful situ a
tion into which I have been forced before this com
munity. without the onportunity of being heard,
which has rendered it imperative on me thus pub
licly to defend myself to some small extent will ope
rate my excuse. I make no apology, however, lor
the liberty I have taken with the document 1 have
reviewed in this letter; though I have endeavored,
deeply wounded as have been my feelings, to re
strain myself from the indulgence of any dis- |
respectful language, as well as the exhibition of
any improper temper. I may he obliged to submit .
to the consequences of what I and others msv con
sider an unholy decisinn but, assuredly, it cannot
follow, lhat I am bound "ilently to acqniesce in what
I mny not only deem, but feel, to be its unrighteous- ;
ness.
With much respeel, I am, sir.
Your ob't servant,
Jniin A Bsnnv. i
Friday evening. July 5th.
fcf* The Hiiffslo militia have been paid #MS4 40,
for military service in the let* frontier trnubU.
Vmmrt mf Oyer mmd TtraiMr.
Jolt 10.? Trimi of Ezra White, for tkt Murder
of young Fitzpatriek? The Court room was thronged
again this morning with eager groups of witnesses
spectators and idle loafers. Their Honors the Judg
es, were within half an hour of punctuality, and then
about two hours were wasted in calling over the Jury,
et cetera. Of the original panel, only sixteen an
swered to their names, and out of the thirty fire
summoned on the new venire, about twenty made
their appearance. By 3 o'clock P. M. the following
gentlemen were sworn ? Wm. P Coles, Foreman,
Stephen Brush, Charles Halleck, Robert Water
house, Levington Farwsll, Alexander Chalmers, Oli
ver Young, D. G. Cartwright, Aaron Butterfield,
Henry Burr, Benj. Harken, and Samuel A. Vanderlip.
The indictment was then read by the Clerk of the
Court, and the prisoner, with a firm voice, pleaded
not guilty.
The Court then took a recess until 4 P. M.
'I lie Court and Jury having reassembled, the Dis
trict Attorney opened the case on the part of the
People. 1 he learned gentleman explained the law
as it was applicable to the case of the prisoner, and
briefly stated the principal facts of the murder of
Patrick Fitzpatriek, as he suid, he found them in
the papers submitted to him by the Coroner. Tha
District Attorney tken called?
Lawrence GalVney. ? Witness keeps a grocery in
Pitt street, and is about 28 years old. On the 13th of
February lived in Boome street near Willet. The
diagram now shown me is a correct representation of
that hou.?e. There was a door in the house leading
back to Broome and Willet streets. At the time of
the affray had lived there about two weeks. On
the night of the 13th there were a good many peo
ple at my house who had assembled at a house
warming; they were countrymen of witness, who
is Irish ; they were dancing and enjoying them
selves in a quiet, peaceable way. There was a door
leading from the store into the back room. They
had some refreshments and driuk previous to the
affray, which took place between two and three
o'clock in the morning. Every thing had been
peaceable up to that time. The prisoner and hie
friends came in about three o'clock in the morning.
There were four in the part}', and the prisoner was
the second man that came in. The first man walked
into lh?: back room, and White was the second. ?
Something was said to one of the prisoner's party
by Michael Maclany or Dennis Dillen relative to
the absentee. The prisoner replied that lie would
ge out when he "damned pleased." Witness was
standing behind the counter at that time, and
thought lie would go round for fear of something,
when White made a push at Maclany, and the other
did the same at him. Witness ran between
them, took hold of prisoner, and pushed him ont
at the door which opens on W illet street. Soma
one outside closed the door immediately, and wit
ness thinks it was the watchman. In a few minutes
afterward the door was opened by some one from the
inside, and Peter Fitzpatriek was standing jast with
in it, sideways to the doorway. So soon as the door
was 04i?ned, Fitzpatriek stepped out, and witness
thinks he stumbled a little Was on the Willet
I street side, and witness thought that prisoner stood
out on tho sidewalk. Witness was in the store, but
outside of the counter. There was a light on tMfc
' counter, which enabled witness to see across tho
street. No controversy had taken place with Fitz
patriek, nor had any blows been struck before wit
ness saw White make the past at him. Fitzpatriek
had just got off the sto.ip when witness saw him
stumble. Three or four other persons then rushed
out of witness' house when they saw Fitzpatriek
I fall. The fall followed the blow inflicted on Fitz
? patrick by the prisoner now present in court. Wit
ness did not hear anything said at that time. The
I other persons who went out of witness' Ik. use were
previously standing convenient to the door. The
j next thing the witness saw was Denham, and another
outside, and one of them came iu with blood upon
him Witness cannot say when they went out, but
1 so soon as he saw them oat he went to fasten the
door It was the outside of the door which opened
towards the street. There were other doors which
opened inwardly. White was standing outsida
when witness closed the door, bat he kept ont of
sight. White made a clutch at the witness and
seized him by the shirt collar, and then saw that
White had a knife in his hand, with which he
struck at the witness, but did not inflict any wound
j upon.
i Mr. Graham here cor.t< nded that the district at
torney was leading the witness, anu he thej. told
ta tell his story in hi* awn way.
Witness did not see Fitzpatriek again until he was
brought into the honse and placed in the back room.
1 He wa* then lying on the broad of his back on the
j floor of the back room. It was about an hour and a
j half after the slab was indicted. He was then strip
ped, and witness saw that he had a stab in the right
groin He was alive then, and said something about
his wife, hut what it was, witness did not either un
derstand or recollect. There was only one wound
; on him, and he died the same day. Witness had not
| known White before this time, but he recognised
him directly when he saw him again.
Cross examined by David Graham, sen. A diagram
was here produced by the learned counsel, and some
little delay occurred in consequence of the witness
saying that he could not read writing. There was
an entry to my house from Broome street, but that
did not exactly belong to my store. There was a
partition and a counter there for another store. The
n~~~ nises have been altered since. The door which
s into the store, leads into the bark room where
the dance took place. It was a pretty Jarge room,
but 1 cannot tell the size, because I did not measure
, it. The door in Broome street was shut all the night,
? and the door in Willetl street kept wp en. I told
I liquor in the store the night of the a llray ; my stock
wan about 2>> gallons of spirits that nijjht. 1 know
l it was the night of the 13th of February, because of
the liquor bill, which 1 bought on the day previ
ously to the affray in question, and paid for the fol
lowing day. I might have said there were forty
i persons in the house warming, and all in the littio
| room with a fiddler, and they took the liquor
there with the ladies, except some who came ont in
tbe store and drank, before that they had been
peaceable enough from the time of the dance, com
mending at eight o'eloek, until 2 or 3 in tho morning.
Three or four uninvited guests came abont ten
o rlork, the others were afl my own country peo
ple. 1 a?ki d the strangers to drink, but did not ask
their names. 1 cannot tell how much liquor was
drank ; but it was principally mixed, such as brandy
punch, gin slings. & c. I diank pretty well with all
the guests, but cannot say how mucn There bad
not been any noise before the affray in which Fitz
patriek received his wound. There it as no squabble
whatever in the store or in the dancing room. I will
not swear that some of White's party were among
the few that came uninvited W hite was not one
of them, but I remember him, because of tho grab
I he made at me when I put him out of the bouse
| and I saw him when he came in. He was the se
cond man of his party. I did not take any particu
lar notice of the men who came with White. I can
1 not tell positively which of my invited gueato spoke
1 ^ ',V?e w 'lfn " he came there to make a
j muss." White was the first one that clenched with
Mctiaffney. 1 have been examined three times on
j tbe ?ubject, and always said White was the seoond
' man. and "he asked what mm* that was." I always
J ?aid ind meant that White replied to the oniertngr
out "that he would go out when he n n pleas
ed. ' I always said that White wore, on that occa
sion, a light coat and trow sers, with a cap ou his
head.
At this point of the cross examination, the witnesa
got rather riled, and accused the learned counsel for
the prisoner of wanting to make him swear wrong
Mr. Graham disclaimed this, and the Cross-exami
nation was resumed.
When White was put out the door was shut, and
afterward* Fitzpatriek went out, received hia wound
ami fell. I sow a knilo or a dirk, hnt cannot swear
which? it certainly was either one or the other. A
Quarter of an hoar elapsed from the time Fitzpatriek
fell to the time I saw his body, or kuew that he was
stabbed. Mjr old woman was the first that told me
the story. I sa " none of the others during the
qnarter of an hour I spoke of. None of the men
wen- to say drunk ? they might hate been a little the
worse for liqnor.
Here Mr. Graham produced the affidavit which
the witness read and signed before the Police Ma
gistrate, and asked tbe witnes* again how long it was
after Fitaoatrick left the store beforc.fh* others rush
ed out. To this the witness said a very few minutes,
being nearly tha same answer he had given before.
A long argument then issued between tbe District
Attorney and the Connscl forthe prisoner respecting
the reading of the affidavit. Ultimately it was
read.
Direct examination resumed by the District Attor
ney. 'I he four first strange men that visited the
dancing roomthot evening, left about fifteen minutes
before White's party entered j it may have been
longer, but I could not speak for certain, The men
that came in with White left before the fray began
Hy Mr. Graham ? I did not see Fitzpatriek fall.

xml | txt