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Morning herald. [volume] (New York [N.Y.]) 1837-1840, May 02, 1838, Image 2

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MORNING HERALD.
WKBIBIDiTi MAT ?? !????
Depabtvrb or thb Siaiea.?Exactly at one o'
clock yesterday, this beautiful boat, with its valuable
freight, got under weigh, and moved majestically
from her moorings, opposite the Battery, up the
North River. Capt. Roberts, with that urbanity and
fine feeling which he has so incessantly manifested
during his short sojourn amongst ue, ordered the ves
sel to be propelled slowly, to give the thousands of
anxious ana gratified spectators an opportunity sf
seeing her movements, for nearly a quarter of an hour.
She went up the North River a short distance, turn
ed in nearly her own length, and came down again
opposite the Battery, and remained atill for a few
minutes. Twenty row-boats ranged along side, and
brought off those gentlemen who went on board to
see their friends off. The Sirius then started in good
earnest, amid the cheers of the assembled multitude,
and was out of sight in twenty minntea. God speed
heron her way!
First Epistle from the Sirius.
A gentleman who came up from the steamship
Sirius in the Hercules steamboat, brought ua the fol
lowing epistle from eur friend Mr. Bennett, then fair
ly entered upon Ins voyage. He writes in good spirits,
and as every thing from his pen is acceptable to the
public, we have no hesitation in laying this note be
fore our readers.
On Board the Sibibs, ! o'clock.
Mv Dear P I write, just having received a
salute from Bedlow's Island. The motion of the
vessel is easy, and we have ihe prospect of a quick
passage. The appearance of the Battery, of the city
?its spires, and the whole back ground, is splendid.
1 just feel, starting for London, as I would to go to
Philadelphia or Washington. There is nothing re
markable to say. By every vessel that we meet on
our watery way, 1 will if possible, send a missive.?
1 do net expect to be sick at all?mj appetite is keen
as a razor already. The packet ships are all ahead
of us. As this is the first steam voyage from New
York to England,! shall notice it particularly.
J. G. B.
In the Evening Herald, we will publish an amu
sing narrative of occurrences on board the Sirius up
to the time the Hercules left her. The subsequent
incidents will be furnished in Mr. Bennett's future
letters.
fir The press of matter compels us to reserve the
proceedings of the Board of Alderman, yesterday even
ing, for this afternoon's Evening Herald.
The Social Influence and Opebation of Bank#
anb theie Agents.?There can be no doubt that the
banking interest, the presidents, directors, cashiers,
and their connections and dependants are the real
government of the country, the imperium in impcrio,
of which the authorities at Washington and Albany
are the puppets, the ostensible instruments of a mys
terious and invisible agency, whose influence is anly
manifested by acts. This occult and formidable pow
er, great at all times and seasons, has risen to its pre
sent height and preponderaney in the conntry within
the last eight years, during the wonderful expansion
of f-ade, and the prominency necessarily assumed by
all those institutions to which individuals were com
pelled to have recourse for assistance in carrying their
gigantic projects into execution. To obtain the favor
ot a Cashier, or the interference of a President, was of
vital importance in facilitating discounts ; and the co
operation of several Directors in the same view, ren
dered the object contemplated more eertam. Hence
it was, that people learnt d to court the countenance,
and watch the looks of these financial satraps, on
whose good disposition the fate not only of specula
tions, but the credit of mercantile houses depended.
It is an attribute of human nature to love powerand
influence, and whether men live in a republic or a des
potism, ibey like to exercise authority over others.
No influence is so tangible and omnipotent as that of
wealth, t?d the dispeneors of its facilities are enabled
to establish a more grinding and oppressive social ty
ranny than any monarch m the plenitude of his abso
lutism. The sanctum of cashiers, and the closeta of
presidents of banks could reveal many a scene of
cringing and humiliation?many an abjsct entreaty?
many an impassioned appeal on the part of persons
whose credit depended upon a prompt and liberal dis
count, when man forgets the dignity of lus nature,
and commercial exigency forces him almost to kneel
to his fellow creature, because he is the temporary ad
ministrator of the funds of others to the best advan
tage. Hence it it that your financiers and cashiers,
during ihc period when money was more wanled than
at any former period, have secretly built up, and main
tained an influence, of which the Almighty Dollar is
the talisman, which is proof against the vicissitudes
of times and flecluations, and which is increased by
seasons of difficulty and pressure, as the wonderful
fabric of theeddystone is more firmly connected on
its basis of solid rock, and more closely knit together
by each accumulating and curling wave that dashes
over its summit, or slides against its sides.
The influence of tanks, and their instruments upon
the political destinies of the country >? too obvious to
be enlarged upon and the contest at the present time
is one of a free agency on the part of the guvernmcat,
and an attempt to shake itself free of the trammels
that had so insidiously crept around it, until its ener
gies were controlled and its will overpowered, and
moulded at the discretion of the oligarchs of Wall
street. Our object is lo exemplify its operation in so
cial life, and to shew that no condition or cless of so
me ty is free f'mm its influence, and the domination
which the command of the destinies of trade and ba
nine** cannot fail to acqaire.
The President, Directors, and Cashier of a hank act
upon men's minds with the same force and efficacy,
whether they >-xpand or contract their discounts; in
the former case by gra'itude for favors conferred, in
the latter ny apprehension .f application* refused. In
both situations their power is increaiMd ; and the man
who knows that his credit and commercial existence
ism the hands of another, looks up totke arbiter with
a deference that beceomes a deep md g habit in
proportion to tho importance of the make at issue
They can make or mar rmn'a prosperity; and an gold
it the primum mobile of life and ita int-rests, these
lords of Wall street are invested with a dominion to
which the authority of a King or Sultan is as dust m
the balance. The red nt inaight into the operations of
the Hsnka, shew what men will do to extricate them
selves from the pre-sure of pe< uniary difficulties, and
the despotism which cashiers aud presidents have it
in their power tn exercise, whether for good or evil.
SiavanTs at St Lovis.? Two gentlemen f*om
St. Louis, who called at our office on Monday to sub
scribe for the I braid, told us we soon Id ^>e doing se
emly m thai cry s service if we mentioned thegreot
inconvenience families are I horng under there forihe
want of fe-nala -ervsni- Thedrswhack is repreM-n
ted as a most serums one i? -he d?.m? sue romfi.rl* of
thecitixeot here, atid fei?,aleeimgr iuts would do will
by transporting iheuiwslve* ihe?e Although (ft L ma
may he ir?mnvenienc< d by this r. fi-ency. yet tin ?ir?
so met s nee t? lis w? It f??r tin general pro*p?rou? con
dition of tha* vu u iv, whore all puris* arc ton fortu
nate m the gwot* of this world, to stoop to servitude^
or to bsnt.rtf. ins rucee* ty of entering il.? gate* of a
jstranvef tor hir<
T?n City Puh am? thb Pnoew.?The ?mgnl*r
indiecretmn and want of dtscipliM of tka whig city
presses antecedent to, and during the reeent charter
election, are awakening the cenaarea of the country
journala of their own party, who are now beginning
to peroeive the effects of that conduct, which it haa
been the object of the Herald, ever aince ita origin, to
deprecate and expose. The brutality and intemper
ance of the Courier Enquirer; the want of princi
ple and the abaence of all ataadineaa of the Star; the
tergiveraation and weathercock action of the Journal
of Commerce; the arrogance, selfishness and infatua
tion of the .American; and the marvellous self-eon
ceit and astonishing imprudence of the Commercial
Advertiser?were sufficient to swamp any cause how
ever good, and to disgust any conscientious adhe
rents however zealous. With the personal charac
ters of the conductors of these papers we have no
thing to do, except in so far as they make the col
umns under their control subservient to the expres
sion of individual prejudices and hostilities, and the
furiherance of private speculations, whan we have al
ways been found at our post to denounce and neu
tralize such projects; we now only look at the efleet
of their proceedings on the present welfare, and fu
ture destinies of the great whig party which is likely
to be misinterpreted and rendered ridiculous by such
blinded, absurd, and short sighted partisans.
To pursue a line of argument, and to indulge in
personal abuse of men and things agreeable to the
heated passions and silly predilections of their own
immediate circle of connections and subscribers, can
not surely be the proper mission of a political jour
nalist, unless reasoning is no longer available, and
ribaldry and falsehood are to be tried previously to an
appeal to violence and the dialectics of club law.?
This has been the course pursued by the Courier in
all questions ef a political and personal nature, until
its influence for good has been annihilated by its sui
cidal proceedings. The people look with distrust up
on statements coming from such sources ; they im
agine that there is a latent motive of deception be
neath every averment; and are suspicious that the
coloring given to narratives is composed of hatefnl
and envious passions, and blended with all the doc
trines of political depravity and personal profligacy
by which the Courier has been so indelibly stamped.
The imprudence of the Whig presses would be suf
ficient to rum any cause, however excellent; and the
recklessness of its conductors, their unscrupulous dis
regard of every rule of common honesty has been
the cause of the long prostration of their party. It
is now triumphant solely by the agency of circum
stances and in spite of the Whig journalists, who
might have labored forever to reinstate their cause m
its former palmy condition, bat for the judicial mad
ness ef their opponents, who saw the writing on the
wall, but shut their eyes to its words of terrible im
port
The arrogant superciliousness of the whig press,
and the haughty dicta'ion they assume through the
coun'ry, is another cause of the inefficacy of their ar
guments. People do not like to be dragooned into an
opinion; and the memorable treatise of "Sydney" in
the Commercial advertiser would have given the eoup
de grate to the whig phalanx, but for the pressure of
mercantile embarrassment, and the consequent trou
ble and agitation that pervaded the community. In
ordinary times, such a document would have had the
magic effect of "To your tents, O Israel!" and the
imprudent declaration would have thinned the ranka
by thousands. The selfish arguments of the Ameri
can, and its financial dishonesty, must remove the
film from the eyes ef the most bigotttd of the whig
adherents, when the touchstone of reason is applied
as the test of motive, and the standard ef character.
We shall not hesitate to expose the sophistry of the
blind guides who have done such injury to the whig
cause, and retarded our triumph by ineonvenient jar
rings, and personal squabbles and interests. We have
labored moat earnestly and anxiously to remove mis
conceptions and explain the actual position of things;
we have been straghtforward, honest, frank, and sin
cere in our reasonings; and facts have been staled ae
they occureed ; on our political integrity is based the
influence we have acquired, an influence that shall be
always used to support right principles in polities
and finance from whatever set of men they may ema
nate, or under whatever political sect they may be
promulgated.
Singclab Aitaie iw Wabbin stbebt.?A very I
strange circumstance occurred in Warnn street, near
the corner of Broadway, a few days ago, which ex
cited much remark in the neighborhood, and which,
we shou'd have thought, would have attracted the
attention of the public or the coroner ; but, we under
stand, it haa been passed sub tiltnlio, and but for ita
reaching our ears, would never have been alluded to.
1b the houae in question resided a young lady of some
peraonal attractiona; and or the morning af Sunday
week ahe was found dead in her bed, with marks of
violence about her throat; the aircumataRcea attend
ant upon this catastrophe are said to indicate the im
possibility of her death being attributable to her own
act. On Sunday or Monday se nnight, the body was
removed from the house: but where it was carrnd, or
for what purpose, has not been ascertained.
Thb Packet Ship Hibrbkia.?The beautiful pac
ket amp Ifibernim, Captain Samuel Cobb, sails for
Liverpo l tomorrow, with one of the fullest cargoes
of cotton that ever left this port. The nainr of Cobb
is a very distinguished one in theannala ol New York
and Liverp ol navigation, and Captain N. Cobb, late
of the Columbut, hae the largest service of plate (pre
sented as a tribute of respect and regard ft -m his pa. -
aengers) that ever naval officer was complimented
with. Hia nephew haa a worthy example to follow,
and has already shewn hia willingness and compe
tence to do so.
L'*ion Cottaax Racks Mav Mebtiw?.?'These
races commented yesterday, and were ai tended by a
numereua assemblage. The particulars of the meet
ing areas tolluws, which we take from the extra of
the Spirit */ the Timer, issued yesterday afternoon.
Tuaioav, Mav 1, Produce Siakea for 3
year olds. ro'?s. % ha., hi hot 87tha For'y lour tub*
seriners .ii $1090 each? l2S0 l?if?it. Mile heats.
No. 4 Mr Jobs C BuvewC iVdisn. iriiioC by Bauer
Jark. ... . II
N-i I. Mr I i vlrg?ir>s'- J*h, osifs 4 * Laird Abram, S t
Ita a Mr Rnln L Sir?rw' Cone roli.t'Dmrr by
C< twivrr, - . Valmt-ne 4 2
No. !? t r?i Wysa'a Jmk> Ltmlen, trained by Por
t's. dro<(r, 2 4
N?> d Mr B< ita' PeCtrwrr, tram, d by Harriawu,
MeOfim, ... 4L.|.
Tlsia. I 4?H-I M.
Let til) I wr.s m favor o the two Mouth am era
Ps' cnc? and John Linton; even on Furdhxm againai
any other nairnd Imrse. Knrdhxni woo without a
struggle in 1 4f Jn-1 60 The day w-a h e, hut the
tra' k was not m ,ity good c rfler. owing to the re
cent rains.
Ko' the programme of this day's sport, see the ad
fertisMMRi
Nad Accideht.- On Moedvy afternoon curing an
alarm of firs, a little hoy, named Riehard H. Lake, II
y? ars of age, iving wnh hia widowed mother at 31
Piirstrer*, ran ?et to follow anng'tn : be wis knock
ni dm # end ' ?? over h* a r*f T. . . <br eireel?
h? np, tan n*? .1 s . nc! s? hv went behind
the e >uo'?* and dropped desil nstantly An inquest
wa held <.n hie body yesterday rnd a verdict r? turn
ed accordingly.
0?|(iM ikelnkes?Omr Aotr?ss*??*'
Mr*. Wm. SefUn?Miss Turpin-tk* InU Mr?
WsUUck-Mrs. Harrison?Mrt. HnutmttlU.
Mmiu. Editobs.?As the public geneinUy, ban
? strong desire, a kind of prying curiosity, to know
something of the history both personal and d?"**
tie of the gentry of the stage, and being an ?'derly j
gentleman of leisure, somewhat conversant wtin the
same, if you will allow me occasionally a corner ot
your charming little paper, I may perhaps impart to
it, (the public I mean) information interesting ana
gratifying, without however establishing my own
repntation as a man of letters or an accomplished
writer, for 1 have been informed by authors, male
and female, honest people and well to be believed,
that my talents were never destined to shine very
brightly in any department of literature. Moreover,
1 shall confine myself exclusively to the laau s ol ihe
stage, woman being my favorite theme, as she is tne
loveliest, most fascinating and interesting being ot
creation. . ?
The first that I shall introduce to your notice, is
one, who but a few years ago, was a fifih rate actress
at the Bowery Thea re, but now leads the general
female business of the National. Her figure is nne
and her gait spirited, but her face is most particularly
plain. Her eeuntenance should certainly hav* *"
longed to a huckster woman, but genius and talents
have surmounted even the obstacle of a homely lace,
and this lady, in almost every department of the dra
ma, is row a distinguished favorite with the public.
As a chambermaid, she is always capital, ranking
nextto Mrs. Vernon and Mrs. Kent; in opera, PleV
sing and effective ; in genteel comedy, much admi
red ; but to me, her fine ladies have a spice too much
of the hoyden and termagant; in the gentle, poeti
cal, youthful heroines of tragedy, she is least esteem
ed, but in the heavier parts she has few superiors.
Her Hermion in Damon and Pythias, Elvira, Ame
lia and Queen Elizabeth are admirable, while her
Lady Macbeth bears comparison with the best on our
boards. This lady, formerly Miss Anna Waring,
was first noticed by the New York public, dur*n8 l[|e
year 1630, at the Bowery Theatre, w here she had the
advantage of play ing with Mrs. Dutt, Messrs.
per, Booth and II imbiin, from whom "he profited
largely. After playing at most of our city Theatres,
she was united in marriage to Mr. William action,
March 19, 1837, and on the 24th of the ensuing Octo
ber, made her first appearance nt the National, as
Kmelia in O/hello, and Tiberina in TTfce Critic, and
with the exception of Miss Emnia Wheatloy is now
the most valued actress there.
This Natior.nl Theatre has many fine actresses in
its company, and among others i? one with a very
pretty, pleasing, Jewish looking face, raven hair, ana
a full, dark, bright and sparkling eye. After P'?y,n8
in Philadelphia, she made her debut m New York,
September 5th, 1837 as Amina in La Sovtnambula,
with tolerable success, although she lacked physical
power to do full justice to the difficult music of the
part. She nfterwnrds appeared as Rosina in the
Barber of Sirille, Diana Vrrnon and Jessica with
increased applause. Her voice, though sweet and
melodious, is limited in compass, and of no extraordi
nary power?but as an actress she is far suporiorto
the generality of vocalists; her Constance in 1 he
Lore Chase ,s a beautiful and finished performance.
Shebecame the second wife of Mr. Hemy Wallack,
previous to leaving England, but on the American
stage has been known only as Miss Turpin, though
we perceive the hills of this week, announcs the as
sumption of her hvmenial title. Kn passant, what
a lovely creature the first Mrs. Wallack enee was.
Those who remember only the latter part ot her
theatrical career, can scarce have an idea of the ex
quisite personal beauty, and fascinaimg gracefulness
of her entlier years. She was Miss Fanny Jones till
the viar 1S17, when she married, and shortly a'ler
accompanied her husband to 'his country. uPt
recollection ot her w as at ht r debut at the Chatham
Theatre, May 25th. 1824, when she enacted Rosa he
Somers to the delight of a numerons audience. She
had however played at Philadelphia, previously, and
possibly in this city. Asa dancer at this time, sh?
was unnvnlltd, and according to a criticism in the
Mirror, " floated upon the stage, like a being irom
another sphere." Her figure wes of the most perfect
symmetry, her voice soft and musical, and her read
ings ever peculiarly chaste and correct. She had not
enough of physical power to uppear in the higher J
walks of tragedy, nor a sufficient flow of animal apt- j
rtts for a dashing coinedy lady, but her gentle, girl- j
i ish, artless manner as a rural maiden, and her grace,
delicacy and peifeet case as a well br?d lady, gave
| her a superiority over till competition. In the fall ol
1828she was attached to the Park Theatre, where
she remained till the spring of 1934, having become
I totally changed in manners and appearance, ?he
then undertook a southern tour, and af,pr ? "boirt
! illnvss, died at New Orleans, April 10th 1836. Ofh*r
i private affairs it is sufficient to say that her married
' life wan most unhappy- She waff divorced from her
husband in the fall of 1833, being then, and continu
ing under the protection of one P y, a supernu
merary at the Park Theatre. .
A pleasant actress at the National, is the pretty,
petite Mrs. Harrison, the Titania of our stage. Sine |
ha* a sweet face, with a graceful and lady-like da- (
portmenl, and in light comedy is always acceptable.
She made her first appearance at th? Park Theatre? ,
1 mean her first appearance in America. June 25th,
1833, on the occasion of Mr. Clarke s benefit, as L>es^
demona, which character she looked divinely nnd
peiformed veiy respectably?h?r husband at the same
time playing Othello, to Mr. Clarki s logo,
i There is sno'het lady from Baltimore, who first sp
1 penn d at the City Theatre in July last, now at the
National, who, if shehad hut life and animation, would
make a charming actress. This is the lovely Mrs.
Hautonvule, whose face and figure are unsurpassed
on our stage; but she is, at present, cold, spiritles^
timid and reserved. Is there no way lor her 'o ac
quire confidence and command over her features ana
voice 7
Panic Tiieatse?Miss VV ells?This lnter^ntin^c
child assumed the character of " Dew Drop' !? at
n is hi, in place of " /? petite AufrutUi," who was an
nounced as being md. posed, and consequently usa
ble to play the part.
Great disappointment appeared manifest among
the audu nee at the announcement ot this change of
characters in ihe performance, but it soon aubeided,
and gave way to a proportionate feeling of satisfar
lien and del' ht? when it was discovered that Mies
wells conld not only go through h? part, but per
form it highly creditable to herself and satisfactorily
to the spectators I The audience appeared as much
astonished at her evidently great improvement in the
art of dancing, an they were delighted and cl artned
by the graceful movements of the little sylph.
We should rail this a highly successful debut oh
har part, and sincerely hope that Mr. Simpson will
duly cherish and foster the yet latent talents m this
interesting httlc ere..tore, and bring her forward in
the regular ballet. We assume not too much by sta
ting that the audience, last night, appeared hilly to
appreciate her talents and approve her efforts.
S no fluting ik BsOi-klvh.?The city of Brooklyn
has hem thrown into some excitement by the detec
tion and am at of five females, hitherto occupy,ng a
respe< table position in society, for shoplifting. The
greatest efforts hnvs been made to suppress the par
ticula a, hut we unrk's aud that the owner of one of |
the stores who had suHi red by the depredations of
these long fingered dames is inexorable, and is deter
mined to bring the affair in all >ia details before tbe
public, and to further the ends of justice
PiLi.OAtr.ics ? Who can h? saved when doctors dis
agree ? Doctor Brand n th has cited one Mr. William
Wnghi to the har of public opinion, for having drug
ged the public with hisnastiness insitad of the genu
ine tra-.bol >he original pilla. This is a sad baainesa,
tu he poisoned by deputy instead of first hand.
II. 8 Circuit Cocst?Tui edsy, May I. ?Iu the
ease of the si boxes of specie, tak?r? from s wreck at
sea, sod brought to ibis city, and af'rr wards I belled
hy the Mki n who picked ap ih? e|?#i h, the Court
decided thai nn ralviii should he allowed, and that
the lilvil.tnir ah. old b? ?rd?red to psv the rusts, on
the gretitu'that netthrr at th< him *?f picking up ihe
sperm, not of delivering il over to the owners, in >his
illy, dd the limine inttnd 10 lav claun m salvage
'I hf jury nr? discharged until Tgredav n? .
Highly lMp*rUat Trial. ]
Ciacvrr Cobit?Tuesday, May 1.?Before Judge
Edwards. W. Bayley as. Spencer A. Corning.
This was an action to recover 11396 52, the amount
of a bill of goods sold to the defendants. The de
fence was that the goods were delivered after the part
nership was dissolved, and after a notice of such dis- |
solution had been published. ,
W. T. Board man, examined?Was clerk of the
plaintiffs in April, 1836; witness then seld the goods
in the bill, and delivered them; the amount was
?1395.52. The business was generally understood
in this city to be the business of the delendants joint
ly, and to be carried on under the name of D. open
cer Sl Co. The bill wns made out in this form and
delivered lo Spencer. They did business at Syracuse
in Onondaga, in this State; this was the first bill el
goods sold by plaintiffs to defendants, as lar as lite |
witness's knowledge extended; the defendant Cor- |
ning was not present when the goods were delivered ; >
does not know Corning ; I hud heard of Spencer a>
circumstances, and that Corning was a partner. Mr. j
Bayley knew Spencer before, when Bayley lived at
Albany, as did Spencer; Spencer had been in Bay- j
ley's store. i
Cross-examined.?Witness sold the goods, bnt he
did not reeeive the individual note el Spencer ; Spen
cer sent his note lo ihe store for this bill ol goods;
trunks he may have seen the note ; left a letter at Sy
racuse for Spencer to pay his claim?might have men
tioned the note in the letter. On 15th Sept., 1836, he
sold the bill of goods to Spencer & Co.; on 16th of
November, 1836, he sold a bill of goods to Spencer
alone. |
Direct resumed.?Before became to New York did
not know that Spencer had a partner.
Edward Corning, examined.?Knows R. J. Corn
ing, the defendant; is a distant relative of witness ;
last fall wii nets went wiihR. J. Corning :o the plain
tiff, and defendant then said he was a partner of
Spencer's. October last, he said he had been a part
ner with Spencer, but that the same was dissolved
before this bill of goods was purchased. Corning
wished witness lo go to Bayley in relation to the as
signment mnde nfter the dissolution. Never dealt
with D. Spsncer & Co.; in 1835, Corning bought a
small bill of goods of witness. Don't remember that
Corning ever gave notice to him (witness) that the
firm was dissolved. Thinks Corning was in the city
in the spring or summer of 1836. Don't recollect
hearing of the dissolution of the partnership until last
f?11- ? i
The case of Smith versus Rogers was then quoted
from 17 Johnson's Reports, P- 340, as b, aung on this
D. A.Comstock, examined.?Is a merchant. Sold
goods to D. Spencer & Co. in October, 1835; sold
them to R. J. Corning?he bought them in the name |
of the firm. On the 20th of April, 1836, sold goods to
D. Spencer.
The notice ?f dissolution was produced, cut from
the Onondaga Standard, and dated 18th of May,
1836.
The note was called for to be cancelled, and on
being produced, the defendants introduced it as evi
dence.
Charles C. Merchant, exemined.? On Feb. 1, 1837,
witness presented the note in question for signature;
Mr. Bayley objected, and said it should havolhe sig
nature of the partnership.
Plaintiffs rested.
Defence opened.
James McDougal, examined.?He proved the pa
per in question to be the paper published in the county
wheie the delendants transacted their business On
the 18th of February, 1836, Corning ceased to be an
active partner, and removed to Sabina. He bought a
farm down on Bergen river.
The lease of the store and the assignment to Spen
cer and another, not Corning, was introduced.
Cross-examined.?Can't say whether the family
removed to Sabina, till April or not.
L A Miller, examined?Is the printer of the "On
ondaga Chief''; published a notice of the dissolution
of partnership for some weeks. Searched for the
paper last December, but could not find it. Kept a
file of the paper till August, 1836. Never starched
the filet of pnpers to find the notice. The notice
tommenccd in Nov., 1835, and was published for 6 or
8 weeks. Could not find that notice; has never
searched for papers from February to April or June,
1836. Thinks this notice was published the latter
part of Ft bruary or March, 1836.
Aaron Waod examined ? Resides at Syracuae ;
knows defendants ; thinks that the partnership dis.
solved the lalUr part of February ; first knew of it
then ; heard it from Spencer and Corning; thinks it
may have been in March; made enquiries for the
papers, but could not find them ; the sign wasalter
td; thinks the new sign was put up about the 1st of
March ; wai frequently at their store ; should ihink
it was generally known that they had dissolved.
Samuel B. White examined.?Is a merchant of
this city. Has sold goads to Corning nnd charged
to D. Spencer A. Co. on the 16ik of April, 1836, sold
D. Spencer & Co a bill of goods ; drew drafts for
the amount ; drew on D. Spencer Ac Co. which
were discounted, one in Syracuse and one at Salina.
Mr. Miller, recalled?The paper had a circulation
of 800 ; it went through Onondaga and the western
conn ties.
Mr. Hillis in summing up for the defence, referred
to 16 P.aat'a Reports, p. 169, and observed that the
notice on the 18th of May was Spencer's individual
notice; and that the witnesses swear positively to
the nonce in the" Onondaga Chief."
Mr. Kimball also for the defence toak the same
ground aud referred to 2 Johnson's Reports, p 300,
w here a decison waa made that a notice in one Ga
zetta wa? sufficient, and also to thefith Cowan, 711 ;
and 8 W. ndell, 423.
The following references were also made in tha
course of the trial, as illustrating and bearing upon
the important point at issue as to the sufficiency of the
notice; Piader vs. Wdkes, I Marsh, 248; 5Taunton.
612; Wrighton vs. Pallan, 1 Stark. 375; Woodford
vs. Darwin 3 Vermont Reports 82 ; Lansing vs.
Game, 2 Johnson's Reports, 300 ; Graves vs. Merry,
6 Cowan, 701 ; Bristol vs. Spraguc, 8 W, ndell, 423;
Ketcliam vs. Ciark, 6 Johnson's Reports, p. 147 ;
Martin vs. Walton 1 M'Cord, 16.
The defence also comprised the following state
men's?The pnrtntrshp hot ween Daniel Spinet r&
R. 8. Corning, commenced on the 1st day of April,
1835, and was to conunue for the term of 5 yrars,
unless sooner dissolved by mutual consent. In Feb.
1836, Spencer propos. d to purchase all Cornay'a inte
rest fa the establishment, reserving to himself all the
debts dae the firm and assuming to pay all the debts
due from it. To these propositions Turning acceded,
and on the 18>h ol February ihe dis dution was ef
fected, and Corning retired wholly from the concern.
On the 1st of March,Corning removed from Syra
cuse ir Salina, aad took no farther interest m the
buain m. At thedisi ilubon, Coining took from Mr.
1 Spenr t a bond oftnurmntty agonal nil liabilities on
account wfthedebisof tho cono*rn, and all coaia.
Tne disso labor was advertised only in Patterson's
Onondags t'hu f; tho old a'gn was takau down, and
tho uew one put up ; tho old l?ook* were laid aside
and new ones obtained, and tho debtors of Ihe old
firm were called upon lo pa? lo Mr. Spencer. Ho
paid all ihe olrl bills in New Yo k and elsewhere, and
it ws.< un'vcrsaily understood that Corning had reti
red from ihe estabhahm nf.
On or about the 1st of May, 1836, Spencer went to
New York to purchase goods for the na* concern,
he was staying atthe Fiankltn House, in Broadway,
where he m# i Mr. Board man, with whom he wns ac
quainted in Albany. Hi invited Span cor out to 'ake
som' Oy: ters hi Maiden Lain-; they went according
|y; when'hero, Board man naked hun if he hud come
down tw purchase goods 7 Ho replied he had; H. ask
fd him if stir on? wns in partnership with him; lie
answer*d Ihsl Corning had been, hut hud left tho
caneti n. B than invited holt t?? rail and sua tho
of Mr Bailoy, with wh.un ho was n olerk; he called
ne*' it 'u ning, the 19th of April, and made a hill of
? 1286,84; u was t ladeout by P rrrdman lo D Spell
c? r At Co.; he did not notice mis 'ill af'er he hsu re
turn'V, ma -much as the bill was sent to tha Franklin
House j si as lie was leaving 'he city ; ? |" ,MjJr ' "
not see Bayley at any time f t!" hi.sir.ess * at. all dona
Wilt. H iardrenn; in Kepi, inker following he made
another Ml with Bailey of ?1011.46; in Deceo.h.r
Ha.l.y wrote to dp* nrer, making out tnt*e several
hill* to 11 'on?< r A Co., and r. quested not* s at <?
an-' !i>?r month* Im 'bee. amounts; in F.brustv,
1837, N.,i ,?rot w* at la New V?nk and gave Bail, y hp.
notes ; (he first n-tc lnf ? '"*? 13, a> 90 days,
payable a the Om.nrtaga Countv Bank ; ti e -..on.
was at 1 mniiibs, payaMein < h* u ?"" t.f ?Il36r?|
these I we nol's were sen' for egll. rtioti and prole-led
for noa-payment; m June, Mr Corn rig resetted a
letter from Mr H P. Davi*, tellin, lun forth* firai
train, of th? existence "f aneh ?. demand, *"d ??.?* hi
t.r this |ur' we r<nn\v< ??'*d.
The judge charged that he had nathiag to do but to
lay down the law aa already aettled and decided by
aeveral high vibuaale. It waa thus : in all eaaeo
where a dissolution of partnership took place, it was
absolutely imperative upon the partners to notify in a
distinct and specific manner, all these with whom
the joint firm had had previous dealings ; but with re
spect to all those with w hom the firm had no previ
ons business or cash transactions, it was merely ne.
cessary that they should be notified "in the u>ual
and ordinary way" In London the usual and ordi
nary way, was simply by advertising the dissolution
in the " London Gazette." This law had been laid
down by Lord Kenyon. Now the simple question in
this country was, what was a proper substitute for
that London Gazette, or whai was sufficient to be
considered as the usual and ordinary way. Under
the evidence, it was a question of fact for the jury to
determine en whether one paper in the country
where defendants did business, was all that was
meant by the usual and ordinary way. If ?o the
defendants had given sufficient notke; but if they
had sought out an obscure country paper that wae
not much seen,the notice was of no avail, and they
were liable.
I The jury found for the plaintiff for the full
i amount of principal and interest.
Special Sessions Court?Tuesday, May 1.?
! Dear Dick Riker's term draws to a close. Only one
i day, that is, next Friday, and then Dickey goes into
! private life. Yesterday he sentenced but two per
sons; one man named Jones, brought up for assault
ing a young lady. Ho fined him 6 cents, after telling
him that assaulting a young lady was a serieus of
fence, n;id was practised to a great extent in this com
munity, and that he must "suffer some" for it. He
then sentenced a poor woman 3 months to the Peni
tential y. for stealing a piece of calico from a store
door, that being a heinous offence.
The splendid Oxen, believed to be lhe largest in
the world, purchased by Messrs. Walker & Co. for the
sum of$3500, and now exhibiting at No. 50 Bowery,
will be visited by the Mayor and Aldermen on Thurs
day, the 3d, at 12 o'clock.
M 0 .\ K Y NAltKK T.
Tuesday, Nay 1--6 P. 31.
This has been a slack day in Wall street?it is the Jay on
which capitalists receive their income, and ihe day on which
the interest of .ill the real estate in the city changes hands in
the shape of reel. This creates for the day a great demand
for money; and from this cans* there hat been more than usual
pressure ii. the street; hut this is temporary, as ihisaaiount
paid in, as well as the sum of the dividends paid, and about to
be paid, by the banks, which will be Irotn one million to one
and a half million;, will, sooa be seeking an nutlet, and this of
itself will tend to make money easier. One consequence of
the demand for money has been a depression ol stocks, for
which there were rather more sellers than buyers, and the
transactions altogether were light. Delaware and Hudson
declined 11 per cent, but rallied ; and the closing sale was at 1
per cent otf ol yesterday's price. Harlem sunk gradually to
2} percent below the close of yesterday. Stoningten also
fell 1 i per cn,.t; aad most of the other sales showed a want of
firmness. No Treasury notes offered.
Some counterfeits of large denominations of tbase notes
have made their appearance in the Baltimore market. Our
rasially idle geaiuses have been unusually tardy in their ope
rations that they have not before appeared. This is an indi
cation of amoral improvement.
The resumption by the Boston hanks on fives and under,
has bad a tendency greatly to relieve the market at that city.
It is the season ?f the year when mosey is in demand, in that
section more particularly, and the banks discount freely for
short paper.
The great custom house frauds are proceeding slowly but
surely to tb> ir lull development. A seizure to a large amouat
was made at Boston on Saturday, on information received
from ihe Collector ol this port
Stale of Trade.
We notice nothisr ia the way of trade this daywoithyof
tnealiou. Onr hall ol the ctiy having been engaged in the great
> operations o tiling tkelr places of abnne for the o ming year,
. at w ell as places ol business Ttie Mi,vine, asd hurry ng loo
I and tin of loaded ear s has been wuhuui parallel s.nce this
day on* year since, the other halt of th* city has la-en on
ihe Kaurry to attend the departure of the great Steamship
Minus, ana h ur other Kur?| tan parkeis, who h carry out n
arge am. ustof freight and are all nearly full of passengers;
ol cuurse there has not been much mercantile business thought
of. Titer* has, hswever, at Ihe suction maris, bre >. uie
transaction* that indicate a healthy slate ot trade. (5< od mer
chandize bring in demand, briiies rtmuzerstir g prit e* Ihe
sales f iven are principally by T. S. Nimms and Hoffmsu k.
Co. The brown Havau* supsr was slightly damaged.
Trunsaci lusts This buy,
Sales of Stock*.
?4 0 * Baak 115) Id Am. Ins.Cos 100
2t? Mechanic's yj 10 Mutual ?? M
2a Commercial #7 ISO North H Iris. 70
<0 Brooklyn 87 55 Hariaem 59 a 574
475Del k Mod 73 a 73) 23 Boston fc Pro v. 99
SM
Son Long Island 57) a 57)
d urtion Salt*.
ft-gar?40 hn, B H. 6)t6i Wiue?40 qrcks .d. Mad 4?)a54
Mrvasses-40 ICS p. K SO) .Ohfpps 434*44
2? Muls P. R. 30 i ?? ?? 4*1
Raisins? 90 boxes, 2??a2l2 70 qr ch- Mai w illes^U
2lo h' " !12|alIS 10 " Muscat, 3
loo r ?* 60 40 " Clare i, 15
IhObisL. 170 5 ?> Bat *ar, 12)
73 kegs. 65a72 20 ?? int. Port. 34)
A'uh nds?So b.ssoft shell, 84 30 hits chain,. SaS)
5 trail-h." 2) 10 ?? p'ls ?' 4
Oil?30 bus, SaS) Cheese? 25 ca-ks 2U4
Olives?Incases, ino Tohacc ? 40bi?eaven. l|sAf
Botlle?5 hampers. 3) Nuts?18 bale* Mad. nuts 3)
Rags?4 bales, it Mm? 4 Wbl?, 35
Red Chalk?Sras-s. I) '?emij.dns-V * galloas. 64
?o Morris Canal 54 143 Mioningtoa
100 Am. LkT 90) 8 Ullca 1
St
MAiiniiui).
*>n iiir Ylih April, by ti?e Rev. Alexander Fraeer, William
A(Ji>e of Pill?burgl., to Miav l.itilmle Irvine, ol tin* my
On Tliurxiay evening, Ihe 2Slti ult. at ibe Method i?t Kpiern
pal Church, in Orern etreet. I>y tlie Rev. Cli.irle? W. Carpen
ter, Mr. Samuel H. Mover of Brooklyn, to Mi?? Kliia Httiael of
una city. *
On Turtday morning, the Id inaiant, by the Right Rev.
Bivhop OiMlerdonk. Capl. 'I lion ma Sword), ol the C. H. Ar
my, to Charlotte AugutU, daughter of Mr David Cotlieal, of
tbi- city.
On <he 3fhh ult by the Rev. Tbov Ly el I, Jacob L. Codett, to
Mum Ann Matilda,daughter ol the lale Richard Vre? land, all
j of tltin ? ity.
BIRD.
On Tueaday morning. the 1?t Inaiant, Mr. Robert Wagan. of
eontuinpih.n. In ibe 97'h year of hiaage.
i The f .end* of ihe laniily. alao the Guilder. Benevolent
1 ?nciety." m d guilder* In general, are ra-yee I'ollt Invited to
aitei d ih.- f ncral thia atternoon. at liaif pa*l 4 o'c ork, iron
bit late r- a<i ence No. 97 Wreen etreeL
On the SOth ait. William A. Scufield. In the th year of hit
aft.
Oa the 30th alt Julia,daughter of T Woodruff*, aged 4year*
and S month*.
At Brldgt-noii, Conn, on Friday, the 27ih ultimo, Mr Aaa W.
Barker, of IIantiunion, IL"#f Itlaod) la the 29th year of kta
?0B.
A Rden, Capt Theophilus Baker, aged 90 v earn, a native of
Ttinwiulh, Mim. He v ?? eniong the fir*t w o y itlir red around
the maixlard ol hia aoantry. on the plain* nt B< mon, 1775, and
na??renl ihe Mpicked men" who, under Oene al Thomaa, In
one nil hi, erected fortlficat one on Dorchemer Heigh a. ohtcb
compelled lb* Britiah to evacuate Bontou.
" L
i at ?i tin*ofj?e typographical amsocia
T|i?N of New York, hei.lon he Mth April,the | . low up re?
olunon. weir tiuan inootly adapted, and ordenn to be poh
li-hen : ?
Ri ?-lved. That thi? A?voci?t m la det. rm ne. up port and
ai<force its nrewnt Scale of Pricea.
I He III veil, I hat th Chairman of the Hnt < i e i ttlre be u?
ilrarled io advertise nolicn In ? ne or m. re p i a* he may
deem pr per, nt a meeting of II e Cnmmlitee.r i n ?t ng mem
l?er? to ?ttei d with the namem fall delinquent j > pnraiory to
betng reported to the A?-oclntl -n and publl-hi
Rrardved. That when tbla meeting adjourn i id joma un
til Smut Jay e* enmg neat, Mn- Bill
J?MN L. BR' WM. Prn .nt
JOHN If wil.ntlN, V President
A H KRAUTH. Beerautry. v i lr
Itr A Card. The Commitiee ppointe t dl?<t?.1ppi
9 be Kni lne Company N ? I, n| New ii |. ??,... j . i mp cam
ple d (heir dutie- In ran?lng a Fire Ami are n. i?. marie for
n-enl aid Company, Ibe Hnr.orabV the Ma | Common
Counril, Officer* of the reaoec ive Fire In u ? ompai iea,
Rngn e?i> and M. mhera nfilir New York ar II .. lyn Flru
D> pa'tnieina, and the Fnhlic to general, are >? uliy lael
tedto view ihe van t (previnn* ln?h<pnir t) , \ Garden
fr m W-da.aday, 2d inm. I9A M m til I n<> ? P M.
u >* it*
' > tlN ('Ol KRK .-Wr-ilnr * ir, f.T>0?
ii Hi lie beat*. '
I .ta. ? . v hhtaiaa
I. Wm R Jnrnton entera to. c StiFnlk.hv Ai ? -w, oat af
<Miteh,4y?ai Id
1 t Jeh C SieV'nv eiitrre ch. b. Dovnrb i II r>, mil nf
O liah dam, 9 year* old.
.1 R F Stockton ea era impr rted b. h. Lai ? to by B>arrh,
out of Peri, 5 y ? ate old
Immadiaie y af -r?-Pnme? Mi e In t<
toTataa
I J S' Ith enter* a. f. Jack Andren, by A> , v ,dam Far
"le h are, a ye^rvold
t fa, ene* enter* a. f. be Andrew, net t( f i 'v Fieri, 4
e<v renin.
S W Me oon eniera b. b. Rlarmf Btnr l \ II. f dim by
V ' li|?-e, 5 year* old.
4 !? ol AM <M' eatem b. m. Bheplivrd' ti I. < re, out o f
An aeia, 6 year* old. _
Al> X I HO ITU,
mv? If DAVID It ttf ANCff.
I o .1 ? Hi and other* ire ruai ? i ? 1 ? la?t irnelinf
J A i Oh t STAFFORD -n my ueeouni, or ra%ltvi him for
ii. v r o.i?-obito it-m fy him aim ? the Ml Mm 1 m, or do
l.vertrt' hh?i #. y roff"ee to be roueied hv no I l? | dlvehar
ped to in I*. m my emp or J I ti(*W ? LL,
kiae'ard, Cofle* and K. ? P rlory,
?oyf It 19 f loeliigBiL

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