OCR Interpretation

The New York herald. [volume] (New York [N.Y.]) 1840-1920, August 05, 1843, Image 2

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030313/1843-08-05/ed-1/seq-2/

What is OCR?

Thumbnail for

jji:\v yokk hekald.
*rw V< rk, *ainnl?)', An(nil ft, 1*43.
m. eennett's~tetters""from mm.
*1 Vo; ??< out aitd nrrivtl ul Liverpool?
.-niltly nri|M rtiiiy ihr non^irrlval nf I hr
Co >imt)U-!i|ih l(< }t< ?i Qu? >l Ion? \m i< I.
1? ltd * lung* of Ministry In Knglftrid?
Mr.c rarty? Box?Mr. Bennett's Future
l.lvzmrooL, l?h July, li?43.
Alter & delighilul vo>a?e of twenty-two daye,
wuh the Atlantic a* emuoih as the North River all
.1? ? - I? ? o I
???<= wttj, wc arrive a in line town yreinu?>,
o'clock, in the good ship Gsrrick, Captain Skiddy.
I never enjoyed a more pleasant, < a*y, or delightful
voyage. The only cai>-full of wind that looked like
a Rale, wa? a fine blow round Holyhead, which
lusted lor a few hours, and sent us rapidly towards
Liverpool. I have scarcely yet recovered my
thouehts ana habits for operations on land; but 1
etihll he under way in a few daj% and be able
to lock about me with some attention.
We wfre very much aatanished on getting into
thf harbor to learn that the steamer trom Boston ol
the 1st hud not arrived. Great apprehensions are
entertained about her, and much speculation
ii afloat respecting her non-arrival. It nothing be
known oi her on the other Bide, some serious accident
must have befallen her. At the Exchange,
which 1 vuited soon atier my arrival, innumerable
enquiries w^re made ahoit the weather, thv fogs,
ihe ice which he (iarrick had afen on her voyage,
am! gr< at anxiety wh? fxpri-iiwd on alt hands.
I have hud no time or opportunity to collect any
fart* from which to make up my opinions on the
present state of government, religion, trade, morale,
p?il< sophy, or hbsurdity of this mighty country?
but 1 shall do it at my leisure. The materials are
ample pooush in every department of human life.
The Irish repeal question creates still much alarm,
but it is beginning to assume the form ol a mere
o, p hitioR question to the present cabinet, and will
probably end in such a Tesult. Ob this vital point,
the majority of the ministers have already been
reduced to seventy three in the House, and
O'Connell considers the fact ae a preliminary
triumph Vast numbers of troops are
concentrating in Ireland?some say 40,000?besides
a large fleet on the coast; but I don't believe there
will be any war or outbreak. It may end in an accumulation
of difficulties sufficient to cause Sir Robert
to resign, and then will be brought in a new
ministry and mora trouble. This country is in a
somewhat troubled state, and I will endeavor to
give as correct a view of its condition as I can?but
? little time will be necessary to accomplish it.
The launching of the great iron steamer at Bristol
to day, under the patronage of Prince Albert, is
the commencement ol a new era in Atlantic steam
nav-gation. 1 suppose she will soon start lor New I
"Vork. Macready, the actor, is going out in the I
autumn. He has lost every thing in attempting to
revive the legitimate drama in London, and now
betakes himself to America a? his last resort. Let
him have a welcome according to his merits.?
Dickens is now very busy wiiting the true history
of his travels in the United States, under the nom dt
guerre of M rtin Chuzzlewit, but it is sad trash at
the best. He is now ridiculing all his ftiends and
foes alike, without any respect ol persons.
1 will have a great budget the next time I write.
I hall be off in a few days for some ol the English
watering places, and oontrast them with Saratoga
aud Roekavvay : also for Ireland?tor Scotland
?for London?for Paris?for every where.
State of Affairs in Great Britain?Mr. Bennett's
Letters.?We received yesterday the first
communis ition, written by Mr. Bennett on his arrival
at Liverpool. Having: arrived on the day previous
to the departure ol the steamship, he could
do Imle more than notify us of the safe terminaiion
of his sea-voyage, and his intended future move,
m^nts. His letter, however, will be read with great ,
interest, corroborating, as it does, the accuracy of
those views respecting ihe Repeal agitation, and the 1
position and prospects of the Peel administration
wnic i w?*re expressed in this paper before hie de- i
pariure for Europe
Mr Bennett has visited Great Britain at a most J
eventful > rieis in her history. There never has been (
before a period in her career at which there lias
been such a combination oi circumstances, influences
snif events, so calculated to awaken the lears
ol all interestrd is the stability of her institutions- j
Every w here ihe elements of disorganization are a1
won. Wrll may owe ol the most violently anti-re- '
publican presses in Grea1 Britain exclaim?
" 01 li arou.id in the country,<>r to remoter causes i
beyond tbi? country, and we behold, as it were, the 1
very element* of the social fabric heaving beneath '
our feet?the awful noise a? of diftant rutn cornea
booming upon our e,irs. and even they who sit in 1
places and in castles are forced io think the surging
waves of political distraction, v. tuch seem not
unlikely to iwep them trnm their seats "
But very differently does the iriend ot huniin
rights regard these " signs of the urnet "
He Bees in nil thie the moving of the spirit
ot liberty on the face of the wuters. The struggling*
of tfie oppressed Irish people?the quiet but no less
tigiiineaot progiessot even's in Scotland? he s(>us
rnooic m<iv? meuis amongst the discontented misses
ib E.igl. nd and Wales?the startling growth of
g >od oound democratic principles io the churches
of Great Britain?all these betoken in the clearest
mnnncr, the existence on the other side of the At.
la.itic, and in nn omnipotence soou to be more fully
exhibted, ot those glorious principles which have
beeu bringing forth the ble.-?ed Iruiis ol peace, and
order, and national prosperity on the soil ol the new
world. With the exam,?l* of republican America
constantly before their eyes, with an awakened
consciousness of the possession of that moral
force which window and intelligence create?with
ii'-wly acquired and just notions of popular rights
t e people, ihem&st-eeof Great Britain, have at last
loirly entered the fii Id of conflict with the few who
have heretofore trodden them under foot, and who
can doubt the issued
As >ve months ago predicted, the Peel adminis
tration muat reugn Will the whig??ihe moderate
wniKs?have ?n easier ?eatl We trow not. They
ar?* junt us ready to aland by their order Their
h' orts are equally hardened agonal setting the people
fr?*e But they will reluctantly make aome coucmmiD
.and proportionately increase ihe s'r< nvih of
the j>e<>ple. What then! The fkopi.k will aasume
Uii-reiK of government themselves. Nothing but
the treachery or the folly ol the leaders ol the people
cm po-tpone that much longer Unbeliever in
th- advaiu ing might of civil aud religious liberty,
w 'Hi a lit! le i re you hoot at our opinion.
Aud it i at such a stirring time aa this that Mr.
}i< nneti vi- the old world Ol his comi*tency to
tin.' au > x^tided and just view ol the progrese of
tii revolution, we are not required to ajieak. He
wnl <i all ev? nts aive u- something better than the
ru gniloqurtt and blundering description or acenery
aii' hashed up guidebook information, with which
rwo or three ne spaper acrihblera are at present
loading her Majeaty'a North American mail* The
, ? i v il will I i e ii- "bad^et* of which he
?, ,, v . , u !. ! K with uoarnall
Mi tr real
I xtraordlniry Ch?r|? ?f ( oniplricy to Defraud
the Atlantic Insurance Company?
Arreat of > Nigger" Hamilton, and Jam*!
B?rn*n, a Notary Public?Wall afreet In
nn Vproar-Committal for Trial?Letter
from Bergen to the Kdllor of the Herald?
Impudent L>< iter of ?.*ljf?er" Hamilton to
Hie Kdllor of (ht Herald?Attempt to Sop
prt-aa tfcr Pnbllratlnn of the- Proceeding
by K. Ibrr) nml Thrrals.
Yesterday considerable excitement existed iu
Wall street,and rouuii the Tombs,in consequence of
I the arre?t oi James Bergen, a Notary Public, and
| Jeremiah (?. Hamilton, better known as the "Nigger
proprietor of the Sun," on a charge of attempt*
ing an enormous fraud on the Atlantic Insurance
Company. The case has been in the hands of the
Police since January last, but it was not "ripe"
until some few days ago. Officers Stokely and Osborn,
Mr. Callendar, a clerk in the Police Department,and
Mr. Justice Matsel.inperson or by agents,
have traced the step3 of the parties through seven
dreary months, to establish the case beyond the
possibility of controversy, and they have moved
with great care, circumspection, and secrecy. In
the course of their enquiries they got hold of a man
of about fifty years ol age, of foreign extraction,
named Sutter or Sutton, who appears to have been
an agent in the attempted fraud, in the prosecution
of which he admits that he several times committed
perjury at the solicitation of Bergen. This man
?a master muriner vi-ho has ? unt? anH <>>ivmIi> at
Buenos Ayres, but has resided tor the last eight
months at Staten Island?communicated information
which led to the arrest of the parties, and ob
Thursday niRht the wartants were issued and placed
in the hands of officers Stokely and Cockefair,who
yes'erday morning arrested JamesBergtn and Jeremiah
G. Hamilton, and Indued them in the Tombs.
Soon alter their am 8t they weir brought tip for
examination before Mr. Justice Matsel, Mr. Wm.
M. Price, appearing for the accused parties, and Mr.
D. L?.rd, jr, the counsel for the Insurance Company,
for ihe prosecution. T he testimony of Sutter
and Mrs Barstow, was taken at great length, but it
will be better understood, and also the nature of the
accusal ion, by the following narrative i?
Ob the eighth day of July, in the year 1833, an
insurance whs effected by Messrs, Pe'.er Harmony
(ind Co , wnh the Atlantic Insurance Company of
Ne v York, on ihe ship Ysidia, at nnd from Calico
to Cadiz, with liberty to touch and trade at Guayaquil,
on six boxes specie, of the value of $17,250?
hve boxes containing 1229 marks silver, ?qual to
$11,508, viilut-dHt #29,150, nnd at and from Guayaquil
i>> < adiz on 973 Casiellanos, gold bullion, valued
at JJ2 373. The atiove property was shipped in the
name ot Captain H Rarstow Such insurance was
effected at one and a quarter per cent, " on account
of whom it might concern, loss, if any, payable to
Peter Harmony and Co." A demand was subsequently
made by Hathahy Barstow, said Captain, for
the amount ot such insurance, the papers having
been presented by Messrs. Harmony and Co , said
Barstow representing himself as the aeent for Jose
Maria Lnnar. M' sure. Harmony and Co. having no
interest in the insurance, assigned it to Hathahy
Barstow on the 25;h November, 1833. The appltca'ion
was refused by the Atlantic Company, on the
ground ot alleged fraud, *vhen Barstow instituted
proceedings against the Company iu the Superior
Court of this city, in the name of Joseph Maria
Lunar, sometimes called H?sea Lunar. Barstow
being the only apparent agent in the direction and
I'row-cudon 01 me proceedings, uie i;ourt directed
that legal proceedings should be 6tayed until authoriiy
could be produced from the plaintiff Lunar, by
Barstow, constitutii g him Ins agent in the business.
Barstow was believed to have proceeded to South
America or the We6te,n Coast, for the pnrpose of
finding Lunar, and has not again returned to this
city. His wife, however, some years after, was
understood by the Company to be engaged as his
administratrix it? prosecuting such law suit.
Mrs Barstow, on her examination before Justice
Mdisell, gave the following statement:?Her husband,
Hatherby Barstow, commanded the ship
Ysidia. He returned to this city on the6ih November,
1833, and reported to her the lots of his ship and
cargo, a portion of which was this large amount of
specie, which he mlormed her had been insured on
hi* own accouut and risk, and that the insurance
company, having refused payment, he had commenced
a suit agaiust tliem, Messrs Johnson and
Ogden being his legal advisers. He also informed
her that the specif was the property of a Mr. Lunar,
but does not recollect having heard him say where
Lun^r lived. In the month of December, lt>34, her
husband informed her that it was necessary he should
proceed to Soutn America to find Lunar and bring
him to this city, or procure documentary evidence
of his ownership of said property?and that he accordingly
sailed for Vera Cruz in the brig Paragon,
and has not again returned.
She heard ol him only on two occasions, the first
from Captain Trask, who told her he had seen him
at Vera <"ruz, and that he (her husband) had taken
charge of a letter tor him, which letter arrived safe
at its destination at Nea Orleans?the second lime
was from a friend, who informed her that a Captain
Snow had seen him in Guatamala, and on making
inquiries through the Consul, 6he found he had left
there. This was the last report she heard of her
husband. About six years after his absence, a Mr.
Thompson cHled upon her, representing himself to
be an insurance broker in Wall street, and informrd
her that he could recover for her the money that
her husband had in litigation with the Atlantic Insurance
Company, and solicited her to take out
letters of Administration and proceed with the suit.
These ohc'tatioBB were rent-wed at several subsequent
periods; and afier advising with her father,
Stephen Kingsland, she called upon his legal advisers,
Messrs Tillou and Cutting, and placed the
matter in their hands, and had the papers delivered
over to them from her husband's lawyers, Messrs.
Johnson and Oaden, in whose possession they wer*>.
I "ii ill i? iR' ii p mi- on- i' ? vt.i iiimn- i\'i??^ fi
t?> him i))' lf?*rg?-ii tliMt Hamilton wh? concerned u>
, tbt cou?i>iriioy to delrtud the iaaurftuve <Jomv*uy.
About 12 or 18 months afterwards, she was called
upon by a colored man named Jeremiah G. Hamilon,
at her father's house, by agreement, when he
informed her that he h*d a pawer of attorney from
Mr Lunar to receive the p tpers, and that Mr. L.
had arrived in this city, and had already taken the
necessary steps to prosecute the unsettled suit in
petnon. He also informed her that unless she gave
up rhe paper voluntarily, he would be compelled to
rake them from her by law? but he irat rtlurtuut to
rnter on tuch a court?, at she teat a female Mrs.
Brirn'ow consulted with h- r father, and he advised
wiih Messrs. Tillouand t uning, who recommended
that the papers should be delivered up, us the
proper owner having arrived, she could not legally
hold rhrm. On such advice she executtd an order,
directing Messrs. Tillou and Cutting to deliver up
all said pa|<rrs to lawyer Anthon, who was the person
authorized by Hamilton to receive them T his
was done, as she has reason to believe, and this is
the only knowledge she hasot the case.
The Insurance Company having bad some intimition
of what was transpiring, had a man named
Richard ution, alias Sutler, arres'ed, and atler
considerable trouble, he made the following confession
or statement of the matten?
Atxiut three ye*rs ago he became acq'ninted
wuh James Bergen, a Notary Public md Insurance
Broker in Wall street, with whom he transacted
t >me underwriting. In O nher, 1812. he hud several
conversations with Mr Bt-r?en, m which he
related to him (Sutton) the circumstances of a case
in which he was engaged, iu endeavoring to recover
from an insurance company a large amount of
money, to cover a loss of specie and bullion lost at
sea. He recollects the name of tfte captain was
Barstow, but does not recollec whether the name
of the ship or ?f the insurance company was told
him at such conversations. On one of those visits
Mr Perg? n invited him to dine at Clark and
Browne's, where they drank several glanses of
brandy and wine, both h fore and alter dinner, and
returned to Bergen's office, where Bergen informed
him that the insurance case which he had told him
about, was nothing more or less than an intended
fraud the At untie Inturanct Com/mny, and it
was neces?>arv, for the purpose of carrying out the
aflair clearly, that some person should make oath
that he was acquainted with a Mr Lunar, the alledged
owner of the property, and that he had seen
Lunar subscribe a certain affidavit. Bergen proponed
that he (Sutton) should be the person for
that business; and he biing at the time pretty
much excited by liquor, consented, having keen promised
that h?- should receive Borne thousands ol
dollars for such service. The affidavit was produced
ready drawn, and they together proceeded to
the office of Mr. William Austin, a Commissioner
of Deeds, at No. I t Wall street, and before whom
he made oath to the truth of the contents of said
Alter leaving Austin's office, he was taken by
lieruen before anoiher Commissioner of Deeds,
whoso office was in the same building with the
Conner uwl Enquirer newspaper office, where he
made oath to a secand affidavit?of the contents of
which he whs perfectly ignorant, except, that as
they were entering the office, Hereen told hini n
cuntaiited a statement tlint he (Sutton) was Mr.
Lunar?the alleged owner of the property. The
Commissioner's name he believe* was Snowden?
He lurther s .ys that he never after saw that affidavit
nor did tie hI any lime hear it read
While things were inihis state,and before awear
irig to their affidavits, he had met Hamilton, the
colored man, al Bergen's office several times, hut
had no conversation with liini. However, shortly
lr? r lie had sworn 10 the atii'lnvita, lie m*-! H?m.
.. ,i?; - i- >
This produced a confidence between all parties,and
several conversation' were had upon the business
and ita prospect of succem. He mtt Hamilton three
times at Hamilton's house, on two of which occasions
Bergen was prf?ent?the third interview Hamilton
and he were alone. It waa at these interviews
that Hamilton and he consulted about how their
fu'ure movements were to be regulated,.and the
rlans tor carrying out the lraud were more tuliy
matured, Hamilton appearing to be the chiet mover.
Hamilton, also, promised him thai he should be well
paid lor such service. From all the information he
could obtain at these interviews, lie was lead to
believe that Captain Barstow was dead
In January last Bergen called on him again, and
told him that to effectually carry out what had already
beeu so prosperously dune, it was necessary
that he should swrar to another affidavit. Tliev
proceeded to Hamilton's house, and after a consultation
between Bergen and Hamilton, they all proceeded
to the office of a commissioner, at the cor.....
?l ??A r^l k ... ... .k~r..
uci ui vruuc auu viiauiurm puct id, auu tunv hmade
oath to the required affidavit, the contents of
which he is perfectly ignorant, as he never heard it
read or explained. The name of the commissioner
he has forgotten. Two affidavits were signed with
the name ol Lunar, v?hen exhibited to Sutton, but
as he recollects, the name was not very distinct,
" being flourished around very considerably." Bergen
hiid informed him that the amount in litigation
was $>50,000, and that the suit was to have come on
in February last, and again in September next. The
conversations between Sutton and Beigen in Snowden's
office,were in the Spanish language
Sutton was cross-examined yesterday in presence
of the accused parties, by their counsel, Mr Price,
when he stated that it was at Brown's, in Water
street, and not at Clark & Browns, that he dined
with Mr- Bergen, that it was on that day he made
o&ih to the first affidavit, and was then sufficiently
sober to understand what he was required to do.
" Bergin" he said, " did not say that he wmted
me to assist him in di fraud in g the Insurance Compa
ny /presume I was sober enough to understand, and
1 did so understand him, that he wanted me to swear to
a falsehood." 'lhut when he. swore to the affidavit in
Jtnuaty last, he was sober, and did not know a single
word of its contents.
The accused, under the advice of their counsel,
refuse to answer any questions. They declared their
mnocence of the entire charge, and were r"ady for
The examination being ended. Justice Matsell demanded
from Hie p rties bail, Nigger Hamilton in
the sum of ?9000, and to justify in $22,000. Mr.
Bergen in $8000, and $10,000 to justify in. After
considerable delay Mr. Benjamin H Day entered
the necessary bonds for Hamilton, and he was permitted
to go at large. We learn that Mr. Bergen's
bail will be ready to-day.
While we were engaged in copying the proceedings
the colored man Hamilton came to the seat and
begqed us to withhold the publication for one day,
and that he would pay any amount we would require.
This of course we politely declined, and he
then added something about suits tor damage, or
lornif-r liberality, which we did not attend to.being
too busily engaged to suffer anything which such a
character could say or offer.
The following are copies of the affidavits, which
Sattnn made, to which reference is had in the preceding
No. 1.?Affidavit made by S%uton, that he was person
ally acquainted with Jose Maria Lunar.
Jose Maria Lunar vs. 1
The Atlantic Insurance>City or NiwYom.
Company of New York. )
Richard Sutton, of the city of New York, Master Mariner,
being July sworn doth depose and say, thet he is
well acquainted with Jose Maria Lunar, the person who
signed aud swareto the nnnexed deposition. That he hax
known said Lunar for about twenty two years, having
first met and become acquainted with him at the port ot
Cadiz, in Spain; that he has since met him in Rio de Janeiro,
as fate as the year 183); and he further saith that
the said Jose Maria Lunar, signed the aaid affidavit; and
swore to the same in this deponents presence, and i* the
plaintiff in the above entitled cause.
And further he saith i.ot.
Sworn this 16th day oi November, 1843,
Before me.
Commissioner of Deeds.
No. 2.?Affidavit made on the same day irith No
I, that he (Sutton) was himself, the said plaintiff,
J se Maria Lunar.
I Jose Maria Lunar, vs. i
The Atlantic Insurance > City or New YorkCompany
o( New York.)
Jose Maria Lunar, being duly sworn, doth depose and
Siy, that he is the plaintiff in the above entitled cause?
that the policy of insurance on whioh the cause is
brought, was made for deponent's benefit, and to cover
deponent's interest in the specie and bullion therein inaured?that
at the time of the lading said specie and bullion
on board the ship or vessel in said policy mentioned,
and at the time of the loss, he was the sole and only owner
thereof?and that the abore entitled suit was brought
aad prosecuted hitherto for his benefit and under his authority;
nnd further he saith not.
(Signed) JOSE M. LUNAR.
Sworn this 16thday of November, 184'i, betora me,
Commissioner of Deeds.
No. 3 ?Sutton again si rears that he is Jose Maria
Lunar, the Plaintiff.
Jose Maria Lunar )
vi. > City or New Yore.
The Atlantic Ins. Co. )
Taco Maria T nnor Kainir itnlv wnrn saith that hfl ifl thfl
plaintiff in the above entitled cause, and that the insurance
which forms the subject matter thereof was made
for his benefit. That he is a native of old Spain, having
baen born in Madrid. That at the time the said insurance
was effected, he was a general trader along the west coast
ofSouJh America; that he was an unmarried man, having
no fixed place of residence, taking up his abode temporarily
wherever his business led him. That at the time the
said insurance was effected, his residence lor the time
being was at Lima and at Callao, which is the seaport of
Lima. And further he saith not.
(Signed) JOSE M. LUNAR,
fworn the 19th day of January, 1843, before me,
J. LABLAGH, Com'r of Deeds.
We have received the following letter from Mr.
Bergen, one of the parties implicated, which we publish
at his request
Auoust4, 1943.
E>itob irTHi Herald :?
8ia I was surprised this morning by an arrest
produced by the infamous management of the
officers of the Atlantic Insurance Company, who have
been my personal enemies for years, and who would
crush any man who dared to oppose their interests as
feailfssly as I have done. The arrest is made upon the
affidavit of one, whs, by his own admission, has twice
committed perjury. I shall give the neceaaary bail, and
hy attacking the Company, in due season, convince ray
Iriends ?nd th- public that I have never yet committed an
act lor which 1 should hide my head with shame. For
this reason the public should suspend its opinion until
both sides are heard.
Respectfully, your obedient servant and friend,
We also received at a late hour last night the tolInwinir
imnnHent letter from " NlBirer" Hamilton.
which speaks for itaelf??
Faimv, August 4.
Bin A complaint having; bt?>* marie this day at the
Police Odlce, charging me with conspiracy to defraud the
Atlantic Insurance Company, in relation toaclaim which
bat been pending against said Company for ten year*, in
the superior Court of this city, and laid accuiation will
be proved t? be iufamoualy lalse and wickedly malicious
and conapt, I hereby notify yeu that 1 shall hold you
legally responsible lor the publication of aoy ex part*
statement relative thereto in your paper
R. spectlully, J. G. HAMILTON
Saratooa.?The " Sage ol Lindenwold" is very
bii?y at Saratoga. He smile*, and shows his last
set of teeth more gracefully and sweetly than ever.
A whole host of political intriguantes, male and
female, are in his suite. Martinis raising fresh recruits
amongst the ladies every day. Tyler, Clay,
Calhoun, Cass, and old Dick Johnson, had better
bestir themselves. They must come to the Spring!
at once, or they're all " gone coons." The beauty of
the North, South, East and West, continues towing
its way daily aud hourly to the great centre of attraction.
Hearts are loBt and won by hundreds in the
fragrant hours oi the morning, when the springs
bubble cool and brisk?in the noonday when the
couches and sofas uf dimly lighted rooms, invite to
languid reiMise?most of all, in the calm eventide,
when only the stars look down on the shady walk,
the balcony, and the dear, inviting, and most accommodating
window recesses. Mothers are sadly driven,
looking after their daughters and their own
rumlitrtnvantt?anxious fathers and husbands are
as fidgeity as parched peas on a gridiron?and more
than one doting parent has had reason losing, to a
wtrry m> lancholv air
" Oar Polly Is a sad tlut, nor minds what we have taught
her ;
I wonder any man alive, would aver rear a daughter !
For when ?he'? drent with care and cost, all fine and
A? we wo'aid'itat a cucumber, the fling* heraelf way ."
Dear, pleasant, bubbling, both"ring Snratoga!
World in miniature? prettily set, too! Sparkling
as thy waters? not without gas, either; and occa
lionally calming the philosophic olfactories with an
dor as agreeable aw acme of thy badly bottled importationa,
a twelve-month old !
Lkiteks for the Pacific ?The ahip Creole aaila
trorn Boston tor Valparaiso on the 10th install).
Lettfor the Naval Squadron in the Paiifio, will
n m it. rxf-editioMilv by (hi* route ihan by any
'Ui'-r. Hiign nrr iiiiiil n,. ui Hnrndeii Jt Co's until
all pa?i lour ou the afternoon ol th? &tU
Th* AntiPiwkyit* Pamr.?The arrangements
tor the publication of a newspaper in opposition to
old mother church and Dr. Seabury, her jeauitical
eon, are rapidly progressing. A good deal of difficulty
wus experienced in selecting an editor. Some
proposed to organize an editorial committee, one
half of the number to be chosen from the clergy,
and the other half from the laity. But this was objected
to by a sagacious old churchman, who pithily
remarked, that the laity and the priests bad never
worked together in harness, and never could. It
was then pro[>osed to choose a single lay champion,
? D/init Af., i r\i HituMiaalnn ensued relative to the
respective merits and qualifications of Col. Webb and
David Hale, the majority deciding in favor of the
Colonel. We regret that no one was present at the
conference to urge the claims oi a gentleman,
whose acquaintance with the scriptures, and the
whole range of theological controversy, and more
than that, whose sincerity and honesty place him
immeasurably above blustering Webb and hypocritical
Hale. We allude to Mr. George Whitney,
familiarly called " Uncla Geprge," the faithful and
efficient clerk of our prese-room, and director-genersl
of our city circulation " Uncle George" could
not play the part of a bully so well as Webb, albiet
he wouldn't have danced so gracefully out of the
reach of Duff Green's pistol; neither can he wriggle,
and twist, and equivocate so dextroualy as the
worthy who turns the Tabernacle of the Lord into
a concert-room or a political bear garden, " for a
consideration," but there ia in him, we will venture
to say, more honest, faithful, sincere, and devoted
attachment to what he regards aa the truth, than
there is in ninety-nine Webbs and Hales, and the
half of an Epi;copal Convocation or Presbyterian
Synod, thrown in by way of a make-weight. We
make these remarks for the benefit of Messrs. Antlion,
Smith and Co., for whom we have rather a
liking, simply because they came out like men, and
kicked up a bit of a breeze?and we are Iriendly to
all sorts of breezes in the religious, as well as the
* ' ' 1 1 mi ? * L
l>oimcai worm, ineyoicar mc auiiuB|iiino
if these gentlemen want a good and efficient editor,
they know where to go. In rejecting Webb and
Hale, they showed that they were not to be caught
with chaff, so we have the greater confidence in
presenting our candidate.
This anti-Pusyite paper, in truth, will, it conducted
in the right spirit, and with sufficient energy and
talent, produce very important results. We are ju?t
now on the eve of a great religious revolution. On
the one hand w? have all the " stricter sects"?the
"evangelicals"?concentrating their forces, breaking
down their partition walls, and preparing for a
grand united onslaught on Rome. Then the Catholic
church on the other hand is more industriously
at work than ever?extending her borders?building
up the breaches?strengthening the power of
tne priesthood?and preparing to wield on any emergency
the vast power of her great concentrated organization.
And then there are the mustered hosts
of infidels, sceptics, fanatics, Fourierites, and incendiaries
of all descriptions, with the devil at their
head, all well-nigh frantic with (heir anticipations
of the coming destruction of all the blossoming
hopes of the true friends of tiuth and liberty,whose
philosophic quiet, however, remains undisturbed by
the din and tumult of those bustling times, and
whose future is full of the blessed fruits of the increased
intelligence, freedom and happiness of the
races which are to come.
At such an epoch every movement is important.
We like especially to see the press brought to bear
on all the points at issue between the disciples
of rival creeds. Free discussion elicits and establish*
es the truth. It shamss some who shrink from the
light of day into a declaration of the faith. So let
U6, by all means, have an antagonist for the " True
Churchman." We shall cheerfully stan ee
fair play. Gentlemen, when do you take the
Medical Litkratum.?The Messrs. Langley,with
a spirit andenterprize which must command appropri
ate success, are bringing out several valuable msdical
works, in ihe beet style, and--important item?at
prices "to suit the times." Amongst them is Pereiva's
great treatise on "Food and Diet," and "Kennedy
on Obstetric Auxultation," the latter embellisted
with splendidly executed lithographs. Pereiva's
work ought to be in every family library, and Kennedy's
treatise is invaluable alike to the lawyer and
the physician, from its important bearings on the
science of medical jurisprudence.
uodob'8 jfortrait or olay may De seen ai mo
Broadway. An engraving is to be made from it,
and, if properly executed, w,ll place the best likeness
extant ol "Harry of the West" within the
reach of all his admirers.
Templeton.?The terms demanded from the Park
management by this great vocalist, have not been
correctly stated. We were yesterday shown a letter
from him to a distinguished and well-known
singer here, in which he states his terms, as published
by us some weeks since, namely, an engagement
for forty consecutive weeks, at one hundred
pounds per week, and eight clear half benefits.?
This is by no means extravagant, considering the
large income wh at present realize
in England. It is very likely that Simpson will
come to terms with him, and that he will be accompanied
by Garcia or Albertazzi.
Niblo's Garden?French Troupe.?We regret
to say this splendid company have left this city for
the North. The beautiful notes of Md'lle. Calv6
have died away, and hereafter we must content
ourselves with more earthly sounds Their engagement
terminated with a benefit to the most interesting
vocalist of the season, Md'lle. Calvt, which
took place at Niblo's on Wednesday night last, and
it was most brilliant. The house was crowded to
overflowing, and the andience were in ecstasies of
delight with hersinging, which was better than ever
we have heard from her. Mad. Lecourt was also
excellent. Bl61 was the very picture of the VIII.
Henry, and acted the character with credit.
After the performance Mad'lle Cal*6 was called
out, and was received with a shower ol bouquet?.
Mad. Lecourt was also called for, which was uuexpected,
and she had to come forward in her dethabiUl,
as she was preparing to leave the garden. Altogether,
Anna Bolena was the beat opera produced
this season. The French company will long be remembered
in New York.
DisBHow'fl Riding School ?A paragragh appeared
in the Herald yesterday, which possibly may ere.
ate the impression that Disbrow's Riding School
has been closed?but such is not the case, for it is
continued as usual. We merely intended to say
that Mr. Davis has left that establishment, and is
about to erect a riding school on his own account.
Reply to Dickens's Notes, hy aw American
Lauy ? A countrywoman of ours, indignant at the
injustice manifested towards our nation by Dickens,
and oth'-r English wriU-s, has taken up the cudgels
(iuch as a lady may properly use) in defence of her
abuced country. This appears in a shilling book,
which the llarjiers have published under the title of
"Change for the American Notes." The book is
pleasant and racy, without exaggeration or bitter
MPMi, and will very favorably compare with Mr.
Dickens's splenetic production. They say Miss
Sedgwick is in England; in which case there is
some foundation for the guess which some have
made that she is the author. For sale at the Herald
Literary Depot.
Nkw Music.?We would call the attention of our
readTo to the advertisement of music as published
l>y Atwill, in to-day's paper.
Frankui* Salt Water Baths, Castm < Jarre* ?
'n reference to the general and indispensible nece*nity
of bathing, we have but few remarks to make
n addition to thoae wehave hitherto conscientious
ly advanced, and these are simply that the Franklin
posmw.0 all the a-ivantaffep necessary for the
health .tod I'omtor' >t ibe c.>m minify < arivr
committee to muae tne necessary arrangements lor carrying
into effect the wishes of tkia meeting.
[Here follow along list of name*of lawyer* from eve.
ry county in the State.]
A letter was prepared by the committee from
New York, and iorwarded to the venerated Chancellor.
It was written with great spirit and feeling,
and after a somewhat lengthened eulogium on
the character, talents and public usefulness of the
distinguished man to whom it was addressed, concluded
by tendering him an invitation to a public
dinner. The reply of the Chancellor we cannot refrain
from giving. Every line sounds like solemn
music, and imposes itself irresistibly ?n the hearts
of all who can appreciate the dignity ol a lofty
mind, and the purity of a soul at peace with God
and man. Who can read it without being affected 1
Who can read it without being warned, instructed
and improved! There is a patriarchal dignity, simplicity
and affectionate earnestness pervading this
letter, which bring at once before us the image of
the venerable writer?crowned with well earned
honors, and not unconscious of the homage of his
fellows, but with that justifiable pride, tempered
and sanctified by that spirit of humility which
adorned the "meek and lowly" founder of the
Christian faith. Long may he yet be spared to instruct
ub by his example, and inspire and warn by
hia solemn words of wisdom and advice !
Ntw Yo?, August 1,1843.
To David B. Ogden, Esquire, and the other gentlemen of IAs
committee, representing the members of the bar of the
state of New York ;
Gkntlembn?i have received your address and invitation,
in behall of the bar of the State to a public dinner,
with affectionate gratitude. Your kindness and regard
have gone far beyond my deserts, and no testimonial of
respect, not even the highest elevation and station, could
have been more grateful to my feelings.
1 can hardly realixe that 1 have attained to the very advanced
age you mention, far my geueral health, activity
and cneerfulness have, by tne goodness of Divine Providence,
been uniformly preserved from early youth, and
remain unimpaired to this day. You have, gentlemen,
met me in the midst of my own descendants, down to the
third generation.
Et nati naUrum, et qui nascentum ab illis.
I am liviag literally among my posterity, as well in
professional as in domestic life. My contemporaries have
nearly all departed, and although during my official
career 1 was familiar with the bar and with the Courts in
every part of this great state, I now perceive that 1 have
no personal acquaintance with most of the gentlemen
who have done me the honor to unite in this invitation.
When 1 first entered into public life as a member of Assembly,
in 1790, there were but sixteen counties in this
St.ite,?nd now the invitation comes from members of the
bar who arc distributed throughout fifty-eight of them.
1 am conscious of the high character and dignity of the
bar of this State. 1 rejoice in their prosperity, and sy mpathize
with them iu every thing that concern! their
interests ana Honor ; ana it is with uuleigned embarrassment
and regiet that 1 feel mgseli constrained to decline
the acceptance of the distinguished mark ol respect w hich
they hare proposed.
The personal details yoti have so kindly given in your
address entitle me to plead an apology, and I beg leave te
mention that, in June last, I had the honor to rtcaive a
similar invitation from the Philadelphia bar. I stated in
my answer tto their respectful and affectionate address,
that I was then on the verge of eighty, and that it appeared
to me lor some time past to be proper and expedient,
considering the gentle aimonitioim suggested by that
period ol life, to withdraw, as much as possible, from
public duties and festivities of every kind ; and that so
long as my life and health were permitted to continue, to
confine myself to domestic retirement, and to the studies
and pursuits to which 1 had been accustamed, and which
were suitable to that tranquil position.
The ground ol that apology net only exists, but you
will perceive that the very fact ol its having bean then
assigned, has given to it additional and conclusive foioe.
I am on willing to take my leave of my brethren ot the
bar, without respectfully suggesting that the protection,
cultivation and influence of the jurisprudence of our
country is confided to tn? profession of the law. The security
of our civil and political privileges greatly depends
upon an enlightened, incpartial.honost, prompt and
independent administration of justice ; and this inestimable
blessing depends essentially on the character ol iha
bar, and they ought, and I trust they generally do feel,
all the retponsibilities which such an elevated trust im.
Permit me finally to add that, in my apprehension, the
beat way to be uselul and happy in this life is to cultivate
the domestic affections ; to love home, and at the same
time to exercise a benevolent disposition toward others ;
to be temperate and just, to pursue lawlul buamess,
whatever it may be, with diligence, firmness and Integrity
of purpose, and in the perfect belief that honeaty is
equally binding in the discharge of public as of private
trusts ; for when public morals are destroyed public
liberty cannot survive.
If we are aspiring, we ought not to lose our diffidence,
and if ardent for reforms, we ought not to lose our discretion.
We ought to listen to the maxims of experience,
and respect the advice and institutions of our anceators :
and above all, we ought te have a constant and grateful
sense of the superintending goodness ot that Almighty
Being whose wisdom shines equally in his works and in
hii word, and whose presence m every where austaining
and govering the universe.
I have the honor to be, gentlemen, with perfect respect
your obedient servant, JAMES KENT.
Excursion to the Upper Lakes.?By reference
to our advertising columns of to-day, it will be
found that the splendid low-pressure steamboat Indiana,
Capt. J. T. Theatt, will leave Buffalo on Saturday,
the 12th inst., on a pleasure excursion to
Mackinaw, Sault St. Marie, foot of Lake Superior,
Green Bay, and Indian Settlements, touching at all
the prominent points on the Lower Lakes. The
steamboat Indiana is one ot the best boats plying
between Buffalo and Chicago, and her gentlemanly
commander is held in high esteem. To those who
have never visited the upper country, this opportunity
should not be neglected, as the present is the
season of the year most desirable for this excursion.
The whole time occupied by this excursion will be
fifteen days, affording sufficient time for a satifactory
view of all the important points on the route.
A Bit of Advice.?Have you got a fit of the
"blues"?or are you tired of the dust and turmoil of
the city?or would that lady on your arm like a
quiet stroll on the banks of the Hudson, or on the
wood-embowered lane 1 Cross over the Hudson,
then, by any of the excellent ferries at the foot of
Barcloy street, or Canal street, or Christopher st.,
aud get at once to the "Elysian fields''?happily
na'ned. You will find them more paradisaical than
ever, for every evening the most celetUial music
floats on the summer air. Free instrumental concerts
are given every night on the lawn, and are
attracting crowds of the lovely and fashionable
maids, matrons and widows, who have mercifully
remained to bless our city. The balmy evening air
?the leafy woods?music?bright eyes?need we
add another word to our "bit of advice
Nibm>*s?The Ilavelt give, a very strong perform
artce to night?Jorko, or the Brazilian Apr, tight
rope by the whole family, and the ever welcome
comie Pantomine of Mazulme, the Night Owl ?
This is an entertainment worthy the notice of "old
and young.'* Young Marsette is very surprising hs
the Brazilian Ape?Gabriel plays in three entertainments.
Parents could not amuse their children
more than by taking them to the Oarden this evening?the
bill is of a light, agreeable, diversified character,
well calculated to please the young folks. At
no establishment in the country can parents take
their children with greater salety from inconvenient
crowding than at Niblo's?to the ladiea and "little
folks" seats are always conceded. The excellent
Band still delights the audience by their correct
manner of playing the waltzes, gallopades, flee., in
ilie Saloon. John Sefton and the English Vaudivillea
we perceive, commence next week.
Chatham Theatre.?This house must be coining
mnnry for the management, judging from the number
of self-gratified countenances present on each
'I'ko nl amtUutr HI) the piece to
{eiher with the talent at command, must insure
profitable satisfaction to all en/t^gerl To-night Mr
Kirby takes a benefit, and if unusual novelty and
x'ei -in # mi) < oinniiind attention, hi* appeal will
uot be made m rain,
Chancellor Kent and the Bah or the State
of New Yo*e.?A very interesting correspondence
between the venerable Kent and the bar of thin
State, has just been published. It is thus intro- 1
duceds ?
At a meeting of the members of the bar of the State of
New York, attending the July term of the Supreme
Court, at the city ef Utica, on the 10th ot July, 1843, the
Hon. OeorgeP. Barker, Attorney General, in tbe chair,
and Jaaea Clapp, Eiq., of Chenango county, Secretary,
the following resolution* were passed :?
Whereas, Chancellor Kent will, on theSlitday of tbe
present mouth, complete the eightieth yearofbii age,
an<l the members of ihe bar of the State are desirous of
once more meeting tho venerable and honored patriarch
ot the profession,|a?d ot teatitying their respect, gratitude,
and affection lor his prolouud learning, emint nt services,
and private virtue*. Therefore,
neaoiveu, i uai on lue nit instant, chancellor wm "? |
invited by the bar of thia State, to a public dinner, at such
time and at such place at he inay be pleased to designate.
Resolved, That the following members of the bar be a |
i HibiurLrniA auk i?ah uprra, LlHrnio, r HKipiirt; Q"iri
K irby, Aiecibo; Two Maiyji, Mult, aid New Delight. Giubi
N York; Ceylon, Colburn, Piym >uth, Ms; Pi mfret, Sparling,
Baltimork, Aie 3?Arr Rnannke, 8 nHi, Rio Janeiro;E A
Sieuens, B.iggs, IvYork. Cld Kdwiua, W-?t. Mars?i'le?: Susan,
LaucVrnwn, Montevideo md ? mkr; Phmiix, F y. Kings'nn,
Ja F>me ["'] Webb. Ba'b.idocs. Sid *srah Catharine,
Fruicr,' aprHiviivn; Curlew, Crowell, La Gtiajraj George
Gardner, Hill. Jimei Hirer.
Alkiakdhia, Aug 2? Sid Helen It Klixibeth, Smith, Demenrt.
Richmond. Aug 3?S'd Richmond, NYork.
Charleston, Aug I?Arr Cordelia, Camden, Me. < Id
Emily, Perkim, Boston; Atalaata, Wliitnev.W
eighteen talented performers give a most tplendid entertainment
at the American Museum, and repeat the same
in the evening. That establishment always flourish**?
it is always producing something new and good. At pre.
sent, the Museum is thronged night and day with visitor*.
That new saloon will oneu as a Perpetual Fair, on Monday
next. Many beautiful specimens and invention* ars
already there, among which is one mo?t curious from
Boston. It is called the " Seamles* Knitting Loom," and
ia propelled by a dog. It will attract great attention.
0^ MORE NEW BOOKS.?This day published, and
for sale wholesale and retail, by BURGESS k STRING*
ER, 222 Broadway, corner of Ann street?
Change for the American Notes, in Letters from Losdon
to New York, by an American Lady. Published in
Harper's very best slyle. Price only one shilling. Drop
in early this morning and buy acopy.
Alto, published this dev. The Battle of Lake Erie, or
Answers to Messrs. Surges, Duer and Mackenzie, by
James Fennimorc Cooper. Book fori% neat edition.
Price 25 cent*.
Agent* and Dealer* supplied at a liberal discount. Both
the above are for sale wholesiln and retail, by
332 Broadway, Ameiican Museum Bail flag*.
(fty- S\ND*'9 SAR8 4PAHILLA?Thi* m*dialn?
stand* unriv Had, 'based as it i* on it* own intrinsic merit*,
for the removal and permanent cure of thoae disease*
to which it is peculiarly adapted. B?ing entirely vegetable,
and composed of the choicest selection of ingre.
diant*,which ?-t in conformity vrirh the Uwa that govern
the animal economy,'he syttpm ia enabled to throw off"
disease, tako on a healthy action, and the powers of Da
tiire resume their natural functions. Thousands oan and
have testified to its efficacy in removing varien* constitutional
('isnrr'e'-s,originating in an unheal'hy and deprave!
state of the blood and other fluid* Kor chronic constitutional
disease*, such as rheumatism, king's evil, acrofTula,
affecting the glands, ulcers, white swellings.enlargement
and pains of the bones, salt rheum, ringworm, barbers'
itch nnd nther cutaneous diaeaaes. Sands'* Sarsanarilla
bus been fonnil in numerous instances to be an etftcient
remedy, operating mildly and pleasant'y on the general
system,purifying and cleansing the hleod, giving ton*
and energy to the nervous symem, and imparting stamina
to the debilitated frame
For conclusive evidence of iti superior value and efficacy,
aee certificate* published ia this and other city
Prepared and sold, wholesale and retail, and for exportation,by
A. B. Sands & Co., Druggist*. (Granite Buildings,)
273 Broadway, coraer o( Chamber* street, New
York. Sold alio by A. B. k D. Hands, 79 Fulton it. and
77 East Broadway,corner of Market street Price f>l per
bottle?*ix bottle* for $6. Original document* may be
seen at our store.
pills, for the radical euro of gonorrhc and gleet, oan only
be had genuine at the office of the New York College of
Medicine and Phamacy, 97 Nassau street $1 per bo*.
Q&- SUMMER RESORTS?J. G. Bewubtt, Esq.?
Sir:?Among th" numerous and delightful place* of Summer
resort, which I hav* occasionally seen or heard e*.
tolled, there is one quiet, deligh'fal and healthy spot,
which I have never yet *een publicly noticed, either in
" prose or rhyme." I allude to " High iland House," kept
by Mr. Schcnck, lituated about a quarter ?f a mile from
tho Telegraph Station, on the hill* of Neversink. Here
you will find a good, comfortable, clean house, with very
commodiou* accommodation* for families or single person*.
kept by a plain, respectable family, who take plea*
sure in making their gueat* comfortable and happy- orderly
and respectable company?and though last, not least,
a right good table. Therefore, to all who desire to enjoy a
healthy and charming retreat?to ramble through field*
and uoods?climb hill*, or explore the crater of a volcano,and
return laden with lava, fcc.? to inhale the bracing
breeze* of the broad Atlantic?or to enjoy fram the cupola
aver Mr. Schenck'* home, one of the most extensive and
beautiful prospects that can well be imagined?I say, go
to the "Highland House"?all these pleasures can be en
joyed there. The steambeat Orua leaves Fulton Market
Wharf every morning, and the Shrewsbury, from the loot
of Robinson atreet,daily, Yourt reapectfully.
BaoonLviv, August 4tn.
Uentian and Saaalraii, ai prapared by the New
York College of Medicine and Pharmacy, is a sovereign
remedy for scrofula, ring worm, blotches, molea, ulcera,
pimplea on the face or body, rheumatism, irlendular
affection*. diseasns ol the bones, waiting of the flesh, and
all cemplainta arising from an injudicious use of mercury.
Sold In single bottle* 7ft cent* each; in cases containing
h alf a doien (3 90; in do containing one doxen $4; cure.
I iiIky packed and aent to alk part* of thd Union.
W. 8. RICHARDSON, Agent.
Office and Consulting Room* of the College, 07 Nana l
Ah ! what shall k do, cried thearoniced u ife,
For my home ia one acene ol vexation and atrife;
k am losinr my huaband'* affection.
No pledge ot my lere for him bleaae* our bed,
Oh I wiih from my heart I hud never been wed,
Since no babe wilk e'er bkeaa the connection.
Thus mourned a young wife o'er her hope*'deadly blitrht
While her hush&nd reproached her Irom merning Hill
That no child gave a xest to their union;
A hundred specifics? ?o calke.it? she had tried,
But Mill advene lato her loud wiihea denied,
And blaated love'a gentle communion.
At length, when despairing and wishing to die,
ome word*, giving hope, bv a chance met her eye,
In the midst of her sorrowful ordeal j
I will try it, ?he cried, as the line* *he perused,
To Na*?au street she went, bought, and hopefully used,
l.ucinn, thy glorious CordiaL
Now rosy cheeked urchins are ranged round her board,
Her husband's BlT.-ction?long kost? is restored,
No sorrows her bosom encumber;
Let all, thus distressed, then to Nassau street go,
Whether woman or man, soon relief they shall know ?
Don't forget, ninety-two ia the numhci.
{jq^? It can !> OOtaineu 111 i niiu<ivi|>ni? ?
Sixth *treet.
ft* the celebrated tonic mixture rOR
the cure of all the form* of dynprp?i?, lo?* of appetite,
la??itude, debility produced by indiscretion or protracted
<ickn<'?*. and all neivon* complainta. 8eld in latge
Sottln 9'ieach; amall do SI i in caaei containing half a
loxen >ft; carefully packed and *ent to all pari* ol the
Union. W 8. RICHARDSON, Agent.?
OiHre mid Conmilting Room* of (he College of Medicine
ind Pharmacy, 07 Na?mn itreet.
Miing can be made that will remove hair from any part of
h<'human body. Tet it can be don?, and the mom delete
will not receive the lenat injury, hut ai'Miillv he left
mootherthnn bufere, and theoniy thing that can do it fa
lie Chineae Hair EraJicator, from JI Conrtland street.
It I* warranted poaitively to dothi?,or it can he teen
i-ed tieforo nnrrhnfling. Already are imitation* abroa I
It ,i ,|y Hriiclc yon want i* the "Chinee*,'' and tl Court
n 1 *t. inthe only place to get it|geiiutne.?nd of Mr* Hay*
<sv Kulton *treet,|lrooklyn
Examination or Gardnkk ?J. McLean Gardner,
iheyoung man who attempted to assassinate the
Hon. Chxrles A. Wickliffe, Postmaster General, ou
lueeday last, was brought brfore Judge Brice yesterday
afternoon on u writ of luibeit corput, and
tried by a special jury to ascertain whether he whs
luboiiug under alienation ol mind at the tune of the
assault, and whether he wis still so.
The following are the narnea ol the gentlemen
who composed the Jury:
B. H. Rich?rd?oo, John N- Brown, Henry Wilkin*,
John H(lrit, Charles Owinn. J?m-? Harris, Jr , Alnxan.
dor Kisher, Wm Schroader, Wm. F Murdock. William
Colver, Marcus Denison, Alexander Smith.
George R. Richardson, Esq Prosecuting Attorney,
conducted the examination for the Sine; and
David Hoffman, Wm. H. Noma and Joseph B.
W lliams, Esqrs. appeared for the prisoner.
The first witness called to the aland was Mr. V.
Turner, a Clerk in the Lind Office, who deposed
that he left Washington on Saturday last in the
same boat with the prisoner for Old Point Comfort.
On the passage the conduct of Gardner was so remarkable,
that the witness was impressed with the
belief lhat he was not perfectly sane. Alter the I
witness had landed the next morning at Old Point I
mormon, ne mis?eii uardaer, and concluded that
he had Rone on to Norfolk.
On Monday Gardner came back to Old Point from
Norfolk in the return bunt, and assigned as a season
for not having stopped at Old Point, he had originally
intended, that no board was placed from the
boat to the wharf at the back part of the boat, where
he wag standing. He afterwards informed Mr.
Turner that he had been carried to Not folk on suspicion
of having stolen a trurik from on board the
The whole of the witness's testimony went to
prove that Gardner was insane from the moment he
went on board the steamboat at Washington up to
the time of the commission of the deed.
Mr. Wicklifle being too unwell to ap;ear in
Court, the Court and jury proceeded to his room at
the City Hotel, and heard iiis testimony, which also
went to establish the insanity ot the prisoner. The
Court ihen adjourned the further examinaiion of
witnesses until 10 o'clock this morning ?Baltimore
American, Aug 3
Destructive Firk at Wilminoton, Delaware ?A
destructive fire broke out yesterday morning about 3
o'clock, in a stable and slaughter houae of one or the
principal butchers of Wilmington, totally consuming
several buildings on the ground, with cattle, hay, grain,
Sin. When the boat left Wilmiugton, at 6 o'clock, the
flames were not yet subdaed.
Kales of Stocks at Philadelphia yesterday.
'JO shares Wilmington Railroad 11J ; 60 do. Mechanics'
Bank 18} -, $658 fiA-100 Old Annual fl's 1846 9J ; $1000
County fl'a 1804 104ft.
After Board.?lft sharon Camden and Am boy 85] j
$980 State 6's 1859 484 ; $107*2 do. 1870 48} ; $45 State 8's
1848 51. ^^

xml | txt