The New York herald. [volume], May 12, 1849, Image 2

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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1
NEW YORK HERALD.
ItrthWflt corner of Pnlfon Md lluum Ml.
JAMR9 OOK1JON BBNNKTT,
PROPRIETOR. '
AMUSEMENTS THIS EVMNIM<L~
BOWERY THEATRE, Bnwnry.? H a it lit?B.rri Han.
BRO A HVFAY THEATRE, Broad way?H bt am o ? a?roo a
riiuoonvT.
RATION a I. THEATRE, Chatham Sonari.?Simprow k Co
-iRCNAATkl.
BURTON'S THEATRE. Cham mr* itmt?Mil Fibrt i
Pbcoauu.lo ?I'lioi PiLhiOMimtr?Fomrr Wmai. |
MECHANICS' BALL, Broadway, star Broom*.?Cub i?Tt'B
Mlt>*r BKI ?.
CHINESE MVBEI7M, U.1 Broadway.?Ghiwbbb Oobioritim.
SOCIETY LIBRARY. Broadway-Nam Oimm SabbRAUM.
VAUXHaM. 0AK1IEN?II. KAOABTHr'l Ihiim Sr.
TUtAIKHIRr.
AS8RHB1.Y ROOMS. MS Broadu ay? Voibti. awdbb'r Mi oniisMio
Virwi.
Nc\? lurk. SnturalM), lltnjr 19, IH*M.
Tike AnnlTrnarlt*.
We lire compelled to leuve out several interesting
reports of religious meetings, to make room
for the sad details of the recent eveats at the Astor
Place Opera House. They will be published as
soon ns space will permit?perhaps to-morrow.
California News.
The Crescent City is fully due at this port from
Chagres. It is probable she will bring us the news
of the arrival of the steamer California at Panama,
with several weeks later news from San Fran18CO.
I Tlie Tragedy at Astor Place.
Mr. Macready's farewell engagement has at
ength terminated. He and his baggage left the
New York Hotel early yesterday morning. Suddenly
was closed one of the most extraordinary
tragedies that ever distinguished theatrical annals
on either 6ide of the Atlantic. We hope that it
will be a final, everlasting farewell engagement to
all such exhibitions in this community, in this
country, or in the civilized world. Springing from
a contemptible and paltry qunrrel between two impudent,
conceited play nctois, two riots have taken
place, on separate evenings; and, in order to put
down the latter fmeute, some fifteen quiet and
peaceable citizens of New York have been shot
down in the streets, and twenty or thirty wounded,
who are now stretched on the bed of suffering or
of death.
The awful result is before the world. That result
has exhibited an enormous exhibition of civil
and military power, called forth for a most paltry
and inadequate cause. The original error sprung
from the silly committee who called upon Macready
to brave a discontented audience, after he had
closed his engagement. Uy a series of blunders,
beginning with that committee, the military
and the mob were placed in hostile array to
each other?the result is the death of more than a
dozen of innocent people, and the wounding of
fifty more. What now is to be done 1 What is
the next act in the drama I The military only
obeyed legal orders, jno blame can aitacn to
them. Let the rioters?those scoundrels who provoked
the military?thoBe rascals taken in the act
of violence?be punished to the utmost extremity
of the law; and let all parties reflect seriously on
their conduct, and avoid hereafter all such awful
errors as have led to such terrible results. Let the
peace and good order of the city be maintained at
all hazards.
We have much to say on this awful catastrophe,
but we wait till the public mind can become calmer
than it is at present.
EUROPE.
A R HIT A L
OF THE
Steamship Hibernia at Halifax*
osra wbbs latex,
EEC EI TED BY
SPECIAL OVERLAND EXPRESS,
TO
St. John, Hew Brunswick*
AND THKNCE
TELEGRAPHICALLY TO THE N. Y. HERALD.
Stata of the Markets*
AXXXVAL or srscxfl,
Ace., Ace., Ace.
The news brought by the Hibernia was received
yesterday, and a brief abstract published in our afternoon
edition. Since then, more complete accounts
have reached us. They are to he found in
the annexed despatch.
THE NEWS.
St. John, Friday, May 11?10 o'clock, A. M.
The Hibernia. (.'apt. Stone, with 43 through pausengera,
arrived at Halifax about Are o'clock last evening
bringing I.ondon papers to the evening of the 27th, and
Liverpool to the 28th ult., her day of sailing She will
probably arrive at her wharf, In Boston, about 6 o'clock
OH Saturday morning.
We are under many obligation* to the gontlomanly
officer* of the Hibernia. for their attention to our agent,
who was wholly dependent on them for papera, as from
some oversight none were received for salo at Halifax.
Tba steamer Niagara was seen from on board the Hibernia,
on# day out from Liverpool, and sho probably
arrived in port at an early hour on the 30th ult.
The Boston packet ship Wlnthrop arrived at Liverpool
on tho 23th. in a passage of 18 days The Ashburton
and <Juy Manncring. arrived from New Fork on
the 26th?the former in 17,V d?y*
The amount or specie orougui 07 ins inoernia. is
stated to bo ? S3,000.
Our special correspondent at Liverpool. lia.t sent us a
full report of the state of the markets.
England.
The fate of the navigation law Is sealed. A majority
of CI ha>< been obtained upon the third reading of ths
bill In the House of (. ommons. It is not likely to be
rejected by the Lordi.
Father Mathcw will positively sal', for New York, in
ike Ashburton. on the 23d of May
American Mall Htramera.
Information was received at Liverpool, just previous
to the sailing of tho Hibernla, that the American
eteamers Hermann and Washington have obtained
permission from the Danish government to carry passengers
and goods to and from Bremen, without search
or detention of any kind.
Frances
France conllnuestranquil. Tbo expedition In aid of
the Pope, sailed on the 22d, and arrived at Clvita Veeehia,
and woold immediately go to Rome.
It Is said that M. Napoleon Bonaparte has been recalled,
or rather dismissed from Madrid ; certain it is.
that he was known to be on ills way to Paris M. Na
poleon is reported to have protested against the suicidal
Intentions of France In the affairs of Rome.
The Jowvol </<i Drbnti announees that the Freneb
minister at Turin has been instructed by his government
to encourage the King of Sardinia to reject the
terms of peace attempted to be enforced by Marshal
Badetsky. It adds that orders have boen forwarded to
the Sardinian Admiral. Alhini to remain In the Adriatic
WDtil tho existing difficulties I11 ve been removed.
In the Assembly, on the 231 ult. ibe bill for indemnifying
the proprietors of slaves in the French colonies,
passed to Its second reading The bill allows six mil.
lions of francs in the five per cent Hentoe and six milliens
01 francs in money?one eighth part of the six
millions of Rentes which goes to the colonies of (iuadalupe,
Martinique, and thu Island of Bourb >n. I? t0 go
to the establishment of a hank in each or tbnse Colonics.
The sitting of the 24th was entirely occupied in considering
the bill introduced by (leneral l.amorielere
foe Use organisation of the army It proposes to abo
Hah drawing by conacrlptlon, and to make every one
liable to military service
M. Frapoid, the envoy extraordinary of the Roman
republic, ha* pre dented a protest to the govscminout
against the expedition toCivlta Veccliia. He declares
that bis government was willing to accept tho mediation
of France, and the fact wa* made known to the
French government on the 12tli. The only answer he
got was, that France could not negotiate with what
did not exist?that Home, no far ax France wai concerned.
wus the Pope; thut France interposed au order
to prevent too violent revolution, in order that the
p ii.?i,.i< of separation might be applied a? largely as
po- ?l,h in the administration of the State. Tho flriuri
-s ami consistency of Louis Napoleon have thus far
belied the predictions of his enemies, ^and even the
hopes 11 I is friends. In a recent conversation, he 1*
stated to have said?' The legitimists have protected
me as a means of destroying the system
which 1" closing around me; the red republic
iio n ted for me to avo itself from the martial
law of ( avuignao. 1 have been used as a wedge
to keep up the rotten walls, and protect thein from
falling on each other. They thought we a vedge of
wood; tin y will tiud 1 am one of iron."
1 u.rs ci utinue to be expressed as to the fidelity of
tin aimy. among which the spirit of socialism is afli
mi d to prevail more extensively than Is genoraily
admitted. As evidence of thisfact.it Is stated that
i he ih regiment of light infantry, and the 52d region
ot of tin line, were ordered to quit.Pari* on tho 22d,
at loin hours' notice, lu consequence of tome appearance
of disaffection.
J nti before the squadron got tindor way from Mariseillcs
for Civita Vecchla. General Oudlnot issued a
proclamation, in which he tells his troops that the government
being resolved to maintain, in all quarters
of ibe i. Kb , their Id and legitimate influence, would
not allow ihe destinies of the Italian people to be at
the merry of a lercign power, or a party which Is bat a
minority. It ha-contlded to its charge, said he, the
Krrnch (lag for as toclouk in the Roman territory, as a
striking symbol of our sympathies.
The government lins appropriated five hundred thon,-nnd
fiance to guard against the spread of the cholera.
During the last six months the cholera has attacked
fourteen departments, and fallen on 4,500 persons.
2,500 of whom have died. In 1832, the cholera
raged in seventy dei artments, and 1H,000 inhabitants
were lost Cholera cas<4i are decreasing in the hospitals
of Taris. 1 he number of new cases reported from the
20th to the 23d instant, amount to 187.
The staple industry of Paris is gradually improving
An English house lias made purchases in a Paris establishment
>f silk ace, to such an extent as to raise the
price <n the articles not less than 40 j er cent
Another English house has made purchases to such
an extent in the ribbon and silk mauu actories, that II
is difficult to satisfy the demand. I- our great establishments
in millinery a. e now actively employed in
completing orders for the next season, received from
the United States; and in other fashionable articles
the same progress 1h percoptiblo. '1 here is not a mac
In the coach making trade who < aunot find fall work
and the same applies to the cabinet making.
The Danish War.
Hostilities between Denmark and Prussia still continue
to be waged, without any preponderance on
either side likely to affect the eventual issue. Th?
German troops entered Jutland in considerable force
on the 20th ult.
The ship Emigrant, from the United States for Bremen,
with a cargo of tobacco, has been made a priae,
and sent Into the port of Copcnhugon.
The town of Ruling, which lies about a mile and a
half from the frontier of Schleswlg, and ten from the
frontier of Kredorlka, vas taken by the Schleswig
troops, under Gen. Rerun, on the 20th Instant?lighting
continually for many hours, la the streets, be
fore the town was evacuated by the Danea. The losi
in killed and wounded, Is not given Hamburg paper
of the 24th, contain no further intelligence from Kold
Ing. except that the city has suffered much from Are
The Germ an troops are in quiet possession. It i.
ascertained that steps have been taken to induce Leo
pold, King of the Belgians, to act the part of mediator
Whether he will or not acoept this office, is not yel
known. The last accounts were, that the Danes were
assembling, in large number*, on tlio height* beyond
Holding.
It was rumored at Berlin on the 17th ult., that the
King of Prussia had determined to accept the imperial
crown, on condition that the acceptance of the const!bution
should be suspended until after it* revision at
the sitting of the Chambers.
, On the 22d, a resolution accepting the constitution
a* it stands, was strongly opposed by Count Brandenburg,
in the name ot the government, alleging that the
alteration made on the second reading at Frankfort
rendered it impossible for Prussia to accept it unconditionally.
The resolution was, however, carried, by s
majority of 179 to 159.
Austria.
The Austrian* have been again defeated in a genera
battle, and Mclden, the best general in the Austriar
service, as he has been called, has not been more sue
eessful a ainst the Magyars than was his predecessor
On the 20th, Welden concentrated ull his forces, with
drawing even the garrison from the Pesth and fron
the camp in the neighborhood of Ofen, for the purposi
of making a general combined attack upon the Ilunga
rian forces; Welden attacking them in the front, and Jel
lachich and Schlisk taking them in liauk and rear. ThL
grand combined attack took place on the20th and 21st
at (iran. and ended in the complete defeat of Welden
The accounts state that the A ustrians were driven bad
with the loss of twenty guns and two thousand pr!
soners. and that they had been compelled to raise thi
seige of Comorn.
It is rumored in Paris that a murderous engagemem
has taken place under the walls ot Comorn, in whirl
Oorgry had defeated the Austrian*, who had cvacuateti
Pestli, and that the Austrians were under the walls o\
Vienna.
It was reported at Vienna, on the 10th ult., that an
insurrection had broken out at Cracow. As an offset
to the foregoing, it is asserted, by the Vienna oerres.
pondent of the Con?titutional Zeitung, writing undci
date of April 20, 9 T. M., that the Hungarians were totally
defeated near (ieron. their loss In prisoners alont
being 2.000 The Austrian government has dcalded t(
credit 200 000,000 florins Hungarian treasury bond*
which are ts be paid when they are subdued.
The Hon Gazrtte states that 40,000 Russians had en
tered Montravia. by the Buchowlns. They bring tie
answer of the abinet of St. Petersburgh to that of 01
mutr., to the question of on what condition Truss!
would place her diplomatic and material resources a
the disposition of the Austrian government.
Sardinia.
Sardinia rejects the terms offered by Austria, am
the two governments are again at issue. The Pied
montese ministers have given fresli directions to th<
War Department, to prepare for the immediate re?ump
tion of hostilities, as for an event likely to occur.
There Is an interruption of the negotiations betweei
a -?-l A?i?+. n nu rarrlml nil ut Milan V.a??aA,
the envoys cent to negotiate a treaty. The condition!
required hitherto by Austria were such that riedmoni
could not listen to. They were these let The joim
occupation of Alessandria, after she ehouid have re
durcd her army ; 2d. The paymont of 226,000,000
equal to ?6.000,000 j 3d. That King Victor Kmmanue
ahould, of bis own authority, modify the statute* in
reaped to the law of election, and put down the liberty
of the preaa? in a word, violate the Conatitution whict
be had aworn to but a few - aya a,o.
Throe conditlona, especially the laat, rendered it impossible
to make any advance on the pending negotiation
; hut suddenly Austria ha-! altered hor tone, and
has directed her plenipotentiary to adjourn negotiation
lor a fortnight, end then convene a Congress at
Verona, to which I-rai-ce and Kngland will be invited
to send agents, it is suspected that the cause of thla
desire is that Austria wishes to ain time and send
30.000 of her Italian army to assist her forces in Hungary.
Tho riedmonticse ministry have nlready directed
that| the provisions and armament* of Alessandria
should be continued with the utmost activity, and that
a camp of 40.000 men should he formed, under the protection
of the cannon of the fortress of the line, cxtending
between It and Genoa They have now given
fresh directions to the war department to prepare for
the immediate resumption of hostilities, as lor an event
likelyto crush the Sardinian fleet in theVenetian waters
Herman jr.
The Internal condition of Oarmany Is distracted In
th# extreme All parties are at issue, and the proba
biltty of a speedy adjustment appears to be as far removed
ns ever
The llmiRnrlnn War.
Austria continues to be foiled in Hungary. Tho accounts
from the seat of war are so conflicting, that little
reliance can he plac ed upon them.
Nn|?lca mid Kltlly,
'1 lie fortunes of wir hc-twe n f spies and Sicily still
ct utltiut mtv r e for' be Sicilians Iu addition to Ca
Unia, Soto baa surrendered to the Neapolitans Palermo,
it ia Haiti, baa proposed to capitulate.
The Lendon Sun. of the 27th ult, aaya, that " news
from Naples ia, that the government of Palermo haa
offered to surrender on such terms a? Admiral Baudia
cuu procure for tbcin. We don't believe a word of tlii*
intelligence. It cornea from Naplos, and ia moot aujpleiotia,
and it apeak* of Admiral Daudin aa though
he were at Palermo; the fact being that Admiral Baudin
ia at Jaeua, Italy."
'1 be reaction la triumphant at Florence, and the latest
new* from Leghorn annouuoes the embarkation of
the republienn chief, and the approach of theTu-tcitn
reactionary troops to that city.
The authority ot the Grand Duke appears to have
In-cn established everywhere in Tuscany, except at
Leghorn. 1 hero the populaoe were exceedingly turbulent
; 1 a\c abut the patea, barricaded the atreels, and
expressed ft full determination to defend the town to
th? lu.st extremity.
Avezzann 1 ft? arrived at Home, for whie i city the
legion tho < aribaldi ia in full inarch, to protect it
agi.inet the French entering Home The provisional
government will retire to Anoona.
Rome,
The Pope will remain at Cacta until the temper of his
revolted I'ub.ecta ia ascertained.
The Market Intelligence.
LivKiiront,, April 28, 1849.
Considering the actual position of continental affairs,
the public securities have boon firm since the departure
of the Inst steamer, but mercantile operation* hare boon
dull, lai^uid, and unsatisfactory in Manchester; and
throughout the manufacturing diatrlotn, generally, a
fee-ling of depression largely prevails. The aontinuance
of tlio v> between Prussia and Denmark, and the
threatening aspect of political nffaira in Germany, having
the effect of cutting off orders from those quarters.
Alter some alight fluctuations during the week, the
funds were more than useally steady yesterday, Consols
closing at 92 alii; hank Stock realized 192)$ a 194;
Exchequer Bills, 44s. a 47s premium.
Advice* from France arc dispiriting, and the trade
of the continent gonerally is nearly at a stand. Still
the French funds continue flrm, at 56f. 00 for Three
per Cents, and 88f. 30 for Five per Cents.
The market for bro&dstuffs lias been Inanimate
during the week, with limited operations, with a decline
on last week's prices, of 2d. a 3d. on wheat; 6d a
9d. on flour; and Is. to 2s. Od on Indian corn. Best
Western Canal flour is worth 23s. a 23s. 3d. perbbl.;
Philadelphia and Baltimore, 23*. a 23*. Od.; New Orleans
and Ohio, 23s. Od. a 24s.; Canadian, 23s. a 24s.;
and United States aud Canadian sour, 23s.; Indian
corn, 29s. Od. a 31s.; white, 31s. a 32s.; corn meal, 14s.
| a 13s. per bbl. Yesterday the market was somewhat
more animated, every arrival being in improved, and
transactions closing with Armor feeling. |
The sales of cotton for the weok amount to 24,740
bales, with no actual variations from last week's quo'
tatious. Of the tales, 2,600 bales wore on speculation,
and 3,680 for export. American descriptions sold?
11,230 bales were uplande, at 3)$ a 5d.; 11,940 Orleans
at 3>$ a 6X d.; 7,630 Alabama and Mobile at 3>$ a 4)$<1. ;
and 740 Sea Island at 7 a 13>?d. per lb. The demand,
notwithstanding the depressing influence of tho blockade
of the German port* upon the trade of Mancheeter,
wa* .moderately sustained, but the abundance of the
supply continues seriously to affect the market. Tho
fall of X in the Liverpool market, per the America, has
no effect on the Havre market.
rnoviuoM.?Beef?Transactions for the week hare
' been limited, the trade purchasing only to supply immediate
wants.
Pork?In Eastern, a retail buslneas has been passing
at full prices; but Western is dull and partially de'
clining.
' Bacon?Steady during the week; but recent large
imports preclude the possibility of an advance; 28s. a
30m. ban been accepted lor hams of inferior quality, iu
J dry ealt; shoulders meet a fair demand, and prices are
.steady, with decreasing stock; but sales are limited.
Lard?160 tons avid this week, and fair prices re
reived; sales reported, 800 casks, 10.s 6d. a 19s. For
1 Carolina turpentine, no sales of rough; 31s. a 22s. is
' asked for spirits. Fine rosin?300 barrels common
sold for 3s.; good to flno quality, 7s. a 10s. Seeds?The
1 season is considered closed. Tobacco?No change in
prices, and little doing.
There is no new feature in the market; full prices
are obtained.
Freights at Liverpool during the week ending on the
28th ult., had been tolerably steady, but in the last few
days some decline has been submitted to for New York,
in consequence of the arrival of several ships, to wliioh
extra despatch appears to be of more importanee than
rates. Passengers are less abundant, but good rates
1 have been obtained hitherto. For New York dead
weight 12s. Cd. a 13s. per ton; fine goods lbs. to 17s. Od ;
hardware 12s. Od. For Boston dead weight 20s.; fine
I goids 20s.; hardware 20s.
i havre marrets, afrii. 23.
Sales and prices up to the 23th had continued regular,
and the. prospects were very satisfactory. In the
Hamburg market there is reported to be an improve,
incut in cotton.
Psssriigers Per Illbcrnla.
For Boston.?Mrs. lluntly and two children, Mrs.
Samson, Mr. Stanbury and servant. Dr. D. C. Alexander.
Mrs. Snow, IV. Van de Tichr, Alexis Ouprey,
, Mr. Berryman, James Johnston, J. K. liillmsn, James
Bower. Samuel Jcanes. R. Shnley, Mr. Dumbolton; Mr.
t Laymeger anil servunt. Oliver 1). Leboutillor, J. F.vans,
VV. Orr, Mr. (ioddard, John Datton, Mr Forster, Mr
Thomaa Waddell, Mr. Williams, Mr. Otis, Mr. Moross,
Mr Rosenheim. Mr. Maxserins, Mr. < astenitea, Mr
George Jonea, Mr. Low, Mr. Dolen and friend, Mr. Oo?
tinare. Mr. E. Oliver, Capt. McKenzie, children and
servant.
Shipping Intelligence,
Livs.srooi., April?Arr llottingner, Burster; Isaac Wright,
I Mai shall: Sea. llnr-to*; Kosciuk, Kldriilge; London, ili'bard;
. Columbus, McCerran: Gertrude, Sherman: |I>e Witt Clinton,
' Funek: A.sliburton. Bunting; Victoria. Wellington: Enterr
prise, Funk; and Guy Mannering, Edwards, all from New
York.
Sid April 21, Rosetta. Chambers; Millioete, Hunter; and
Ashland, Rice, New York; 22d, James Feunell, do; 23d, New
World, kniglit; and Adeline, Pike, do; 23th, A'.olus; Shannon,
i Ludluin; and Osceola, Thomas, do; 2Hth, Josephine, Croker,
and Cornelia, French, do; 27th, Meteor, do; 21st, Boaito, for
Boston; 22d, Adonis, Plymouth Rock, do; 2lith, Swiss Boy,
t and Sons, do.
Gnavasiimi, April?Arr Wellington. Chadwick, NYork.
I)? ai., April?Arr Switierland, Fletcher, New York.
> Ilavrh. April 2t?Arr Havre, Alnnworth, New York; eld
21st, Baltimore, Conn, New York; 24th, Woodside, Biggins.
> do: 23th. John Hancock, Snow do.
Cork. April 23? Arr Monument, New York.
' llm sts, April 19?Sid Yorkshire, and Argyle, New York;
20th. William It Joseph, do,
t or, kiiaukn, April 13?Arr Franeia, Boston.
Ei.sinori . April 19?Arr Wallace, New York,
e
Tht Steamer's Malls.
* If the Ilihernia arrives at Boston at 6 o'clock this
1 morning, a portion of her mails will reach this city
this evening.
1 Ilrooklyn City News.
Covrt or Arri-ALS?Friday, May 11.?This being motion
day, the following were made and argued
p No.94.? Thnmas It Alintui n, a/ffllant.i ? Th' Farmrrt'
loan and Trutt Company, rrtpondrnti.?The counsel for
respondent* moved to dismiss the appeal. The counsel
for appellant opposed the motion, and tho motion wan
1 denied without coat*, and the cauac allowed to stand
i No. 73,"4 upon the calender.
No. 71.?Jacob Carumtrr, appellant. ij Mary S. Carpenter,
respondent.? The counsel for respondent moved
t to dismiss the appeal ia this cause, which appeal was
t from an order of the Supreme Court of the 4th <>f January.
1849, restoring two orders of Justice Morse, giving
the defendant the right to defend herself in ii suit for
i divorce, and giving a counsel fee and alimony to her
[ rounsel. The counsel for the appellant was heard in
answer. No decision was given.
No ll) on the calender whs then taken up. and is as
r follows :?William Small rs. the Herkimer Manufacturing
t and Hydraulic Company.?This was a writ of error from
the Supreme Court. The question was, whether a
stockholder, whose stock had been forfeited, remained
liable for the calls made previous to the forfeiture ?
The counsi 1 for the plaintiff contended that he was not
liable, and the defendants maintained the contrary.
No. 119. or 9X on the calendar was then taken up,
which is an appeal on a replevin suit between Lyman
Bright, plaintiff in error, r?. H'll'iam Wright, defendant
m error. This cause was not concluded when the court
adjourned
Court of Common Plras.
Brfnra Judge Itigrahum
Miv 11.?Richard Madden ri Jamei McDonald.?This
was an action for money had and received The plaintiff.
witli his wife and two children lately emigrated
from Ireland to this country ; and sometime after his
arrival here, the defendant received $00 from some of
his friends to be applied to his use. The defendant,
under various pretences, kept the money, alleging that
It was due to him for boarding the plaintiff aud his
family, and others for whom he became surety. The
eourt" charged the Jnry, that there were only two
questions in the rase The first was. did defeadant
receive the money for plaintiff to be applied to his use;
and the other question was, had the defendant any
claim for the board of plaintiff and his family, for
which lie claimed to deduct $40 There is no ovldenrn
that plaintiff remained at defendant's house for
more than a week, and for that space of tltne only he
would be liable ; as to the other parties for which a
elsim is made, he would not be liable, unless the board
was given at his request. You have heard the witnesses
on both sides testify, and It is for you to aay
whether the defendant has established his claim or
not. 7 he fact that lie received the money for plaintiff
was fully proved Verdict for plaintiff, $04
SntCtAI. TttHM.
Before Judge Daly
Rahinun rt Rayce.?Motion to strike aut certain
parte of defendant's answer, granted.
fJr f'ormt ci Sparrow.- Ordered that juJgmant obtained
against deb ndant be vacated
Umrct am vs. Ward. -Ordoc for receiver granted.
w w i wi?win* )w wnw?i. ?I nmiriinii imiwihiw i i
TELEGRAPHIC INTELLIGENCE.
Arrival ot Nr. Hrcrfadjr at I ton tan.
Boaron, Friday, May 11,1813
Mr Macroady arrived hor? In tlio New Haven care
I In Icfl the cars at the depot and walked to the Trewout
House. He haa not been seen at his hotel since he arrived,
hut U probably out of the way to avoid public
***
Canadian Affairs
Montiibai., May 11?5 P M
The authorities of the city, furring an attack on
Drummoud's Ilou?e, last night, railed out the troops,
who patrolled the city, and preferred the order of the
ea me.
The House of Assembly aro discussing the bill to
abolii-h religion* elementary instruction! in King'*
College, Toronto.
The Blew York Appointments.
Washington, May 11, 1840
The cabinet did not inrct to-day, and thi rs i* very
little probability that the Now York appointment* will
be taken up to-morrow At present, the chancel arc
llllil niry Will not lie i1iuuc ihjiutu u Al nccfc m ifiiv
soonest. It would bo unsafe to bet any odds upon llrady
or Young.
Olcetlng of the Bvnrtl of OeniM, tto.
Washington, May 11?8 I'. M
There iru no cabinet mooting held to-day, and hence
no appointment*.
The Board of Census, organlied under an act of March
3d, 1649, met to-day at the State Department?Joseph
Kennedy, Esq., officiating a? Secretary They invite
information relating to the beat mode of obtaining
agricultural statistics, Ac.
Secretary Preston has not yet arrived
Ofltclnl Notification of the Blockade of the
Sicilian Port*.
\Yasiiinoton, May 11?9 P. M.
Martuscelli, Charge it Jiff air 3 of the Two Sicilies, has
given offiolal notification to our government of the
blockade of the port and gulf of Palermo and their dependencies.
The blockade was commenced on the lit
of April.
From the Far West?The Condition of Kmigrants
on the Plains ? The Indians at
War, dec.
St. Louis, May 11,1849.
Four men have arrived from Fort Laramie, on the
Platte They left on the 24th of March.
They state that there was no grass on the Plains, and
the animals belonging to emigrant parties were perishing
for the want of provender. The parties of emigrants
were getting along slowly.
Last winter was the most severe ever known in the
mountains.
Several battles had taken plaoe between the Crow
and Sioux tribe's of Indians. One party of Crows, ten
in number, having ventured too far into the Sioux
country, were entirely out off.
All well at the Fort.
hater from Havana,
CiiARLesToif, May 11,1849.
Tlce steamer Isabel, from Havana, brings the following
intelligence:?
Several French citizens, who have resided on the
island over five years, were required to swear alleigance
to the Captain-Uoneral and French Consul-Genoral.
Difficulty had ensued. The latter demanded passports,
and sailed on tne Tin lor new vorK, nouna.toi-ranee, 10
appeal to bis government.
The American Consul is charged with his duty during
his absence.
Havana Marrets, May 8.?Sugar is quiet?white at
10 J* to 12>? , yelluw, seven eighth* brown*, 6>? to 6)?;
Muscovados, 6)i. The weather is showery here, filling
the growing crop. Molasses at 2 rials, is firm. Rice?
860 oAsks sold at to 9>?. Up to 5th instant, oneeighth
of a cargo brought 10. Freights are dull.
Arrival ofths Steamer Isstbel at Charleston,
from Havana,
Charleston, May 11,1849.
The steamer Isabel, from Havana, arrived this morning
at six o'clock, with one hundred and forty-seven
passengers.
We hnd a good rain yesterday. The weather is cool
to-day?thermometer 60
The sales of cotton during the week have been 8,000
bales. Fair and fully fair, at 7?f a 7 >?. The sales of
rice have been 2.000 tierces, at 2>f to 3?prices sustained.
The brig Gcorginna, and schooner Mary, arrived yesterday
from New York.
Harlne Intelligence from Key West,
Charleston, May 11, 1849.
The steamer Isabel put us in possession of the following
marine news from Key West: ?
April 23.?The ship Moselle, from Boston, for New
Orleans, went ashore last night on the east end of tho
Sand Key. She was got off again. When she grounded
she bad three and a half feet of water in her hold.
This morning the wind it blowing fresh.
24th?Cleared the schooner Renown.
25th?Arrived brig Wacossa, New York.
The Moselle bilged yesterday.
27th?The hull, materials, and cargo of the Moselle
were sold to-day.
29th? Sailed bark Woocooehe, for New York.
Mat 7 ?Brig Sarah Brown, from New York, for Apalachfcola,
got ashore off Key West; got off without
much injury. The wreckers received $1,000.
The Moselle sold for a total, $2,500, of which the salvers
get half.
bailed, brig Florence, for New York. Expense of salvers,
$6,000.
Death by Cholera of Jnilgr Brongh?Progress
of the Disease at Cincinnati, itfe.
Cincinnati, May 10?10 P.M.
Jndga Brough, Presiding Judge of tho Hamilton
County Court of Common Pleas, and late editor of tho
Enquirer, was seised by the cholera this morning, and
expired this afternoon at 5 o'clock. The river has risen
five feet since yesterday. The Board of Health report,
28 new cases of oholera within the last twenty-four
hours, and 6 deaths. The number of eases for the week
ending Wednesday, were 114, and deaths, 32.
Another Crewaase?Destruction of the Sugar
and Corn Crop at Texa*-?Plre, &e?
Baltimore, May 11?11 P. M.
By the Southern mail, arrived this evening, we have
dates from New Orleans to th e 4th Inst., by which we
learn that another crevasse had taken plaeo at the Jefferson
parish plantation, late on the evening of the 3d
inst.; and that the water was running in with great
rapidity, #nd if not stopped soon would reach the city
in 48 hours. The city authorities bad taken steps to
prevent the danger, and had sent aid for that purpose.
Mr. Suarc's sugar house, and that of Charles J. Tike,
parish Ascension, (so says despatch,) have been consumed
by fire.
A late Texas paper mentions that the frost had been
very severe, and that it was feared that much vegetation
and corn had been killed. The corn crops and
sugar cane about Matagorda were much inured.
Increase of (lie Cholera at Clnclnnntl.
CinciewsTi, May 11?7 P.M.
The Board of Health met to-day, and report thirtythree
new esses of chalcra since yesterday noon, and
eight deaths. The disease is rapidly Increasing
dhe Cholera.
St. Loois, May 11,1919
The cholora is on the increase in this olty.
Death of a Distinguished CltUen,
WxsiimoTorf, fclSy il, 1849
DsnW-1 C arroll, of Duddin?toa. aged 85 >cars, Udesd.
He was nephew of ( harlos Carroll, ot C arrollton, of Hovolutionary
memory.
The Case ofUlnsinan ?. Captain Wilkes.
Washington, Msy 11?7 P.M.
In ths circuit court, to-day, the esse of IJinsman vs.
Captain VV'ilkes, for malicious punishment, wsr taken
up, and after some consultation, a verdict of $500 damages
was rendered for the plaintiff
Death of Capt. Tt rry, of the Brig Perfrnza.
New Oni.rsNs, May 4, 1849.
C apt Tsrry, of tho brig Pedraxa, lately arrived from
Chsgr??, died in this city, to-day, of cholera
Supposed Murder.
Hocusstes, May It ?9 P. M.
A man was found dead in tho woods, noar Rochester
city, to day, who Is supposed to have been murdered
The He porters of Philadelphia.
rnii-snsLPHis, May 11, 1849.
The reporters of Philadelphia are supping at Harmer's.
They send their respects to the reporters of
New York, and sincerely condole with them upon tho
proeoect of their liaving a heavy night's work.
J OS WOOD, President
Meeting off Hie nxesupenke unit Ohio Canal ^
t ouipany, (1ry
UtLTiMOHr, May 11, 1410 dun
The Chesapeake and Ohio Canal t'-ompany held a "ttl
meeting to-day, in this cBy It l? said that bu.-iaess of ,,Tn
importance Ilea before tliem. | the
The announcement, t?y telegraph, of the riots in j'^'"
your city, la*t evening, have caused great excitement | cj,j|
here, wai
; of i
(iultk I'MMge. j;M
l'ittsbunoil, May 11?0 P.M. mci
The packet Messenger, Captain Woodward, utade j K
the passage from Cincinnati to this city, in the short :
run of 44 hours and 11 minutes This is .said to be the ' trih
best timo on record. | a
??? j A in
Markets. ! Tbi
Cincinnati, May 11?0 P.M. ! J?u
The market for flour oontiuuea firm, with moderuta i Job
business at $3 76; barley is not plenty, and is wanted at | tar
76c. Whiskey is <|uoted at ]4?{o. to 1474o., and dull.? j Uk
Business matters geuerally are depressed. Freights I ten
dull and heavy. ?
Baltisiosb, May 11?P. M. *
Tho steamer's news were received too late to have any J7,
effect upon the market. Sales of flour wero made at J,.,"
$ 1 60 hr Howard Htreet, an t $4 71 for City Mills. } .
Wheat ruled dull, willi u downward tendency in prices. ?,ul
Cornwall selling pretty freely ut 66 centa for yellow.
Pork continued In in Suleaof lard in kegs at 7>? cent*.
1 he demand lor cotton was brisk at a quarter advance.
Baltimohr. May 11?10 P. M. ?rt.
New Orleans papers of the 4th. quoto sales of 2.500 j,?c
ba'es of ootton at previous prices, 'l'lio Hour market pri
was firm, with fair business. Corn continues brisk. rca
Exchange on London was steady. ev<
Btirr.tla, May 11, 1840. bu
Receipts within the past 24 hours:?Hour, 17.000 ?<"
bids : wheat, 30.000 bushels; corn, 18,000 do. There >?><
continues a good demand for flour, and the market ia lac
steady Sales of the day reach 4,000 bbla. at $4. l"'or
whcui there is u brisk inquiry, with sules of 16,000 tin
Umbel*, including prime Ohio at 01c. and common mc
( hicngo at 70 a 80c. Com is without ohange to notice, |
and the .-ales are 16,1.00 bushels at 46c, j.
Ai.bant, May 11,1840. Ha
Receipts by canal within the past 24 hours:?Flour, ??
lO.KOti bble.; wheat, 2,200 bushels; corn, 8,000 do. The thi
news b) the llibernia was received here to-day, by tele- to
graph but too late to have any eflect on tlie market. tei
in flour, aliout 2,000 bbla. changed hands at $4 50 a '
*4 75. for common brands Western, Be.; $5 60 t I mi
$5 62!i fer ^straight Genesee. In corn, the sales ar? yi't
13 000 bushels yellow rouud, at 00 a OOlq'c. an
pi.
Theatrical and Musical.
| Bowery Theatre.?There wr! a very excellent th
houie here last evening, and the play of the " Merohant ??'
of Venice," with the admirable caet of character.* preRented,
wu performed with the greatest eclat. Mr. ha
Ilamblin played the part of Shylock in a style which tei
is best expressed by the quaint encomium which was "Jj
passed, we believe, on Garrick's performance of the as
part. It was to this effect:? th
This is the Jew
That Shakspesre drew. ,
It is a part affording vast scope for the actor's talents, u.
and Mr. Ilamblin evinced a most thorough concep- lc
tionof the part. We regret that our limits do not al- we
low us to go more intodotail respecting this great performance
of his, but we trust that he will, ero long, s.
give our citixens another opportunity of seeing him in o,
it. Mrs. Shaw played l'ortia most splendidly; it is a (i
character that well becomes her, and her admirable Hi
elocution was displayed to much advantage in it. Mr.
Ryder, as Bassauio, Gilbert, as Antonio, and Bass, as
Launcelot Gobbo, each one did their part with that
judgment and excellence which always characterises 1
their acting. Mr. Ryder fills his part most admirably, ar
and no tragedian can bo better seoonded in any of cl
Shakspeare's plays than Mr. Ryder knows how to do.? te
Mr. Ryan, the Irish comedian, goes on nightly, win- mi
niug much favor from the audiences. We regret that se
his engagement is about terminating, as to-night will th
be his last one at the Bowery. He will play in the farce of
of the "Happy Man." The tragedy of " Hamlet" will pe
be performed first. Hamlet, Mr. Hamblin; the Ghost, ed
Mr. Ryder. Mr. Bass, Mr. Gilbert, Miss Taylor, fce., da
will appear in the tragedy. Mr. tytmblin's endeavors cb
to produce the legitimate drama in the most perfect ar
ciyle, are being crowned with every success. of
Broadway Theatre.?La?t evening,Shakspeare'stra- su
gedy of " King Lear" vas performed at this theatre,
Mr. Forrest sustaining the charaotcr of the King. Wc
have scarcely ever, since its opening, seen the house pi
so thinly a. tended. At the commencement of the first Pi
act, there were not more than thirty persons in the
boxes, and the opinion seemed generally to prevail p]
that there would be a dismissal; and many were of re
opinion that the theatre should not havo been opened
last evening. However, the play went on. aud the Ff
house improved a little in numbers. We have, last }{
week, criticised this play, and have only to add, that
the piece throughout was well received. Mr. Forrest.at
the conclusion of every impassioned Htrain, having ?"
bi en cheered by all those present?some crying aloud, Pf
"Three eheers lor Forrest!" Dyott's Kdgar was au ex- : '
cellent personation: we question much whether a bet- '
ter general actor can be found in the entire Union. Pi
MUs Wullnck's Uordclin was ably sustained; as were J.
also the characters of Regan and Goucril, by Mrs.
Watt* and Mr*. Dyott The grand pat dt irux, by .
Madame Celeste and Wietholf, waa executed with *j
great artistic science, and was encored. This evening
Mr. Forrest appears as Metamora?his favorite olia- "
racter. We hope to see a better houso than that of
last eveuing.
National THr.atbe.?The farce of ' Simpson it Co."
preceded the speotaclo [of the "Enchanter" here last ?
evening, and the audience were much amused at the pi
manifold troubles and difficulties into which poor or
Simpson (Mr. Chapman) Is plunged by the vagaries
and peccadilloes of his Co. (Tllton.) Mrs. Woodward di
and Mrs. lsherwood, as tbo jealous and the conflding wi
wives, acted their parts excellently. Wc think they get *
up these little comedies at the National in as good style M
as it is possible for them to be produced. The " En- m
chanter" continues to attract much attention at this .
house; it is got up in splendid style; such a style as has 1?
seldom before been seen in New York, and we are sure ?3
the patrons of the house canuot be otherwise than sntieficd
with the enterprise and liberality displayed by {?"
the manager in this matter. We recommend all who
have not seen It. to go at once and do so, and observe .
for themselves how splendidly things nre done at our ^
{rent New York theatres. This spectacle nud " Simpson
, Co." will be performed again this evening.
BuBTON'sTiiKATHr..?The continuous attractiyn of the tb
excessively popular comedy of "Dombey & Son," has ^
compelled its performance once a week. It was played, ti<
last night, by the talented members of the troupe of the tb
Chambers street theatre, with great ensemble, and was
received with much applause. Captain Cottle, (Bur- gj
ton,) is really inimitable, and his creation of the warmhearted
tar will be remembered in New York, as well bl.
as tliat,of"Mose,"by ( lianfrau. Messrs. Lynne, Jordan, JT
Brougham, the eminent author, Haymond, and M 'dames
Uroughum, Hill, Knight, and Vernon, (the last not the ..
least) delineated their rolit with feeling anil pathos, j!]
Those wbohavo read the novel of Dickens, and perused
with attention the work of this prolific writer, are
satisfied that the present comedy ot Brougham lathe {:
best conducted dialogued ' Dombey k Son" which has, Ji.
or could ever be produced. Each scene is striking, *'
interesting and well conceived: each character possesses
its own individuality, and is becoming to Its interpreter.
Wc think that "Dombey" will be, for the future.
ranked amoug the "legitimate American comedies."
"Hcrr Nanny" concludud the performance.
This evening will be performed "The First Pccadlllo,"
and "Forty Winks"?that farce in which Burton is so ~
funny, so humorous, nnd so witty. We hope the au- (>(l
dience will be numerous enough to-night to reoom- ?a
sense the manager for nil the trouble he has taken to bl
io agreeable to those who patronize his place.
Di'MrsTra's i ovevat. Ta?s?1Uvu:.?Mr. Dempstor's jn
visits, although " few and far between." are ever ae- jj,
eeptable to a New York audience; and never In our
previous experience of hi* peculiar style did he appear
to more advantage then at the Tabernacle last Bi
night, where he was most enthusiastically received by
an audience as numerous as it was discriminating.
The gem of the concert was brilllnntly reflected by
his masterly execution, vocally and instrumcntally, of
the " May t^ueen;" but we deprecate the policy of his 58
introducing Into his selection tho " Humorous," a i
style, as evinced In " Duncan Orny," Incompatible 86
with the pathos which Is his peculiar forte, and which, ID
upon this occasion, was beautifully exemplified in his
national song of the "Death of Warren." the Blind
Boy"and the " Emerald Isle," which were most adml- <11
ratdy executed, nnd Justly received the approving Br
testimonials of the audiunce. Ill
CHKiaTv's Minstbm.s will to-day give their usual Sa- rf>
turday afternoon concert, as well as their regular M
evening one and on each occasion they will present a
lull programme of their very beat longs, burlesques,
4tc. '1 he V oyage Musicale" is one that our citixens ,
and visiters to the city are much pleased with, as every "u
evening it is hailed with unqualified approbation.? ""
Their other performance* arc also much admired. I
voiotlanokt'a Mi.bocosmk virus are attracting I
mn.t .O..JI? r ? aD(| (J^servedl v . too. I
mimvm hihtihivh II Will ?UC pilUllU, . . 9CC
for a inoru elegant end sclentifie exhibition ha* H?yPT u|(
bocu prevented to our citizen*. We recommend them
highly to all who c'eeire loeee to what an extent solence
hus hi en ninile lubservicut to elegant aud refined
amusement*.
( ssietiri.i.'* MllfSTRrts will commence n serle* of their"
elegant concert* at the Apollo Nnloon. on Monday f-*(
evening next. They will be heartily welcomed. | ?
Aroi.i.o Room*.?The concert of the.IHatln fHmlly,
given Inst evening, was attended by a highly respectable
audience, who evinced their satisfaction of the
awect tone* and brilliant execution of these di*tin- j
gulehed performer* on the silver sax horns by repeated
cheer* We are Informed that gcvit preparation* are thii
being made to give a series of spMndid concert* next
week. lars
Tin Nrw Om.vaw* Smrxsnms bring their season in ria<
Now York to a closo to (lay, as with their afternoon and
e?cuing concert* they finish for a time at least We day
recommend our citizens to attend them, as they are
unquestionably most diverting and elegant entertain- ,n"
nient*. They are about starting on a tour, and will fcc
return again among us alter a short time. They will
play four night* next week at Montague Hall, lirook- doll
lyn ; the remainder of the week at Newark, N. J.
Annlvenarlea for 18tt,
8msb?T, M ?v 13. *
American and Foreign Nabbath Union?at Dr. Patta'a BM
Church, Fifth aveuuo. iter in on by Dr. Spragua.
_ mm
Supreme Cetut.
Trcaent, Justice* Jonea, Kdaondf and F.dward* a lm
M?? 11?7he cause calendar wae taken ap thla meca- doc*
log, and No II oailod, and U under argument "*
CM jr IntclllxMM*. ^
hi: WeiTiit* amu TMiC'iri ?Tile weather, y "literwai
very pleaeant. tho why baring been olear
ing the greater part of the day; but there wat
e enjoyment in the oily A ilrv.nl of the probable
M<|M?no?a of the coming night mviuM to pi-rrade
ry bo#om, and a re-notion of the liloody neraN of
previuu* night wm anticipated; but, uji to a late
if, thueo nutieipjti nnt were not rralia. d. During
dny, the Park wa* the rrwort of nur-vi with
dren; nnd the gent-raJ theme of the larger juvenile*
the riot: they apoke of it, though th. y knew not
It* terror*, and. though ho young took Hide*, and
tinned the propriety and impropriety of the moreit
irk. ?A fire broke out, about nine o'clock laet
lit, in tne unru story 01 nanersnauseirs sugar
irery. No. 108 Dunne street, which win put out with
ling dannige.
MEfcinit Isstitute.?The election for officers of the
erlono Institute for the ensuing year, took pUcoun
nrsday night, and resulted a* follows:?President,
nes Talliniidge; v ico- I'ri nidints, John Campbell,
in 1). Ward. Livingston Livingston: Recording Sucrey.
Henry Meigs; Corresponding Secretary, (leorgs
ton, Treasurer. Kdward T. Backhouse; Superinding
Agent, Adonlrain ( handler
oar Works Dkstbovbd ?* Ki??. ?'The extensive
p works belonging to Mr. 1*. 11. H ay, Nos. '111 and 'JJU
i-rry Rtreet. were destroyed by lire this morning,
c fire was discovered at about una o'clock, iu a small
lding uttached to the main e.f Ablishment, used as
office aud store rooui. from which place tire, or auyttg
of a combustible rimeactor wen'excluded. How
iriginali-d is not known but many who know the
ition of the wing of the building alluded to,
of the opinion that it itt the work of
lie evil disposed person. The loss, wliloh Is
ncipaily In stock and material, will probably
lcIi from >20 000 to $30 000 This amount, how r,
is nearly, if not quite, covered by lnsurauocj
t the Interruption this will cause in business will faff
newbat beavily upon the youug, enterprising and
lustrlous proprietor The rear of the buildings
ilng on Pclham streot, which were oocupiod by a
mbor of poor familios, were but slightly Injured,
iugh sufficient damage was done to require tbo rc ral
of all the furniture aud chattels.
mjkenal or J . M. Matthews.?The funeral of the late
M. Matthews took place yesterday, at the Her. Mr.
tfleld's Chnrch, corner of llroome and Pitt streets,
d was attended by a large concourse of people, under
s direction of Mr. Mqpon. The remains were taken
the foot of Canal street, thence to tlreonwood Ceme y.
by way of the now ferry.
r>iF. Battery.?This beautiful promenade is In a most
serable condition, and looks as though it had not
reived the slighsest attention for years. The walks
9 uneven and filthy, while the grass plats in many
toes are perfectly barren, which tends very much te
spoil it of its former beauty. Its situation, looking
t as It does upon one of the most beautiful bays in
e country, where the air is always pure from the
can, and which is the resort of thousands during the
ltry evenings of summer, should be tnoro properly
tended to. All the othi r publio grounds of the oity
,*e recently been put in proper order, while the Batry
has been almost wholly negb oted. This should
t be, and it is hoped, before the warm weather oomes *
i, the proper officer will see that it is attended to, and,
formerly, be the most delightful public promenade in
e city.
Movements of Individuals.
['apt. Floyd, steamer "Washington;" Capt. Knapp,
8. Marine Corps; Dr. Bethune,'Toronto; Major Sibjr,
U. S. A., and Mr. Lambert, U. 8. Navy, have arrid
at the " Astor House."
The Russian Minister, (Bodisco.) (ten. Churchill, U.
A., Capt*. Alexander and Duncan. U. 8. Kugrs., Capt.
oldsbury, U. 8. N., Major Saunders, British Army
!)lh Regt..) and T. Cordis, of Boston, are at the Irving
?use.
Superior Court.
Before Judge Oakley.
May 11?John L.Berg i t. David S. Uraprr ft at.?This was
i action to recover $1&0. It appeared that defendants
lartered the brig 8upcrb, ef which plaintiff was maer,
to transport a cargo of fruit from the port of Palerd,
to this city, Philadelphia, or Baltimore; they suhiiuently
wrote to the plaintiff, stating that if he made
. ...... In An ,1... Ik.. ~i?_ kin.
0 w uo;., ??; >IU? JIIU UlUl |I?UI17
$160. which was the sum claimed. It did not apar
whether he made the voyage in the time preaorib.
or not; but it appeared the fruit was considerably
tnaged, and the defendant!) refused to par the amount
timed. The Court deoided that the oharter party
id letter were not sufficient to bind them, ttvidenoe
a custom was then attempted to be givon. but in this
e plaintiff also failed, and the Court granted a nonit.
Harry Stanton rl. Robert Scbrll ?This was an notion
r a constructive assault and battery unit false imprinment.
The defendant obtained ujudgment against
aintiff. upon which he issued an execution, and
aced it in the hands of the Sheriff, who made a return
milla bona. The defendant then, tiled a creditor's
11, obtained an order for a receiver, and compelled
aintiff to make an assignment of his property to the
reiver. Defendant afterwards procured a warrant,
idcr the 8tilwell act, and caused plaintiff to be arsted.
and kept for some time in custody. It seems
icrc was some informality in the affidavit upon whioh
ic warrant was granted. The plaintiff contended
int the whole of defendant's proceedings were ille>1
and void, aud, moreover, that defendant having,
r his bill in equity, obtalucd a receiver, and an asgnmcnt
of his (plaintiff*s) property, was all that he
ight'to require, and that the subsequent proceedings
sder the Stilwell act were unnecessary and oppresve.
The jury rendered a verdict for plaintiff for
<0
O'Briene vt. Sylveeter.?This was an action for $100.
leged to be loaned by plaintiffs to defendants. The
ifence was, that the money was paid, and that ? ainIfs
made a mistake in the entering in their books. It
is a mere question of fact for the jury, who found a
rdiet for tnc plaintiff for $100.
Court of General Sessions.
lefore the Recorder and Aid. Hatfield and Dritton.
Mxv 11.? Grand Larceny.?William Waitman was
aced on trial, charged with grand larceny, in having,
1 the 7th of April last, stolen clothing and other arueh
of value, worth in all about $60. the property of
xao Benstein. The larceny was proven, but the jury
d not believe the property to be worth so much as
is set forth in the indictment. They, therefore, found
verdict of" Guilty of petit larceny only.*' The Court
ntenced the prisoner to the Penitentiary for sis
onths.
Sentence.?William Jackson. heretofore tried and
und guilty of obtaining property, worth about $60,
r false pretences, was brought out for sontenoe.
lie judgment of tlie Court was that Jackson should
>y a tine of $50. and be imprisoned in the City Prison
r ten days.
Charge of Jlssault and liattery with intent to Kill.?
>hn Mullins, an Irishman advanced in years, was
ied on a charge of asiault and battery with intent to
11 his wife, Mary Mullins. on the Hit of February
t. It was alleged that he attempted to cut his wife's
rout while she was in bed, at her residence, No. 61
ulberry street.
John Lynch, the principal witness for the prosocu>n,
testified that he lived in the turns house with
0 prisoner and his wife at the time of the alleged
e offence; at about 11 o'clock on the evening of ^
st of Feb.. he was alarmed by the cries of a little
rl, the daughter of thoacoused, witness went to Mulls'
room, and discovered Mrs. Mullins lying in the
ood which flowed from a wound inflicted on her neck
ith some sharp instrument; a police officer was sent
r. and Mullins was taken into custody.
Patch a McnvHV, a policeman, being sworn, stated
ut Mullins had told him that he cut his wife's
rtat, because she would not get his supper.
It appeared that the attack was the result of a family
larrcl, and the jury, viewing it in that light, ren red
a verdict of guilty of assault and battery only
lie Court sentenced Mullins to the Penitentiary for
io year.
No other cases of importance wero tried.
Superior Court?Gcnrrnl Term.
Present, Justices Duer. Mason aud Campbell.
May 11.?B-aidtly 4" Cbalmeri re. Burr all 4" Kimball
The court ordered tho bill in this cause t?> be dismisi1
against both defendants, with eobts. The argument
lendar was then taken up. and several causes called.
it up to 12 o'clock no CAUtfe was ready for urgumoiit
Before Judge Oakley?at Nisi Prlua
tieorgt C. Uich tt. at. it. Siron/f .{ Smith.?The jury
this cause, reported on Thursday, rendered reri:t
for the plaintiffs. for )IW 71
Court of Oyer and Terminer.
fore Justice Hurlbut, Aldermen Muffin* and Wood
Mat 11.?The court whs opened and a.^journed.
Court Calendar?This Day.
fiacriT C6rar.?Noa. oO, 31, do. 44i>, 4k, 49. 52, 57,
. f.?, 61. 63. ??, 65, 65. 67.
Common first, lat part? Nu* 71, 7.7, 75, 77, 31, 84,
,89, 91, 03, IT 'id part?118, 120, 122, 124, 1M, 128,
0, 122, 124, 130, 128, 140
Troi blf or New leveewies, M i -ftttoi toaome
"appointment at a meeting at the ( ity Hall. N, w
unswick. on 1 linrsday evening, the benches of tb?
til were torn up und missile, thrown around the
?m The greateat confusion and itlarm prevailed foe
me time. None seriously Injure I
Aaacnrr or thi 8rorrtabv or Tiir Nsvr.?The
eretary of the Nary was to have returned yesterday,
t he haa been detained by the illness of his mother,
d it Is doublfbl whether lie will be uble to be at his
at before tho 10th lost.?National If An;, May 11
Arrival op tjie Falcon at Havana.?The
Hrm-hip Fnlcon arrived ut Havana on the 25th
on her way to Chagrca.
THE WEEKLY HERALD,
?e Terrible Riot at tbe Opera Rous*,
Ac, Ac. Ate.
he IVttkla JttrUJ Will be published At 9 o'clock
i morning. IU Contents w111 embrac e the particuof
tho recent aori.*# kSd dreadful riot at the Aator
:e Opera Houae; the news, received yeatcr.
by express and telegrat#; an instalment of the
Ivcrsaric*; the latest news ft-pm Canada, he , Ac.,
Single coplea, al*pence; anr.*r?4 subscription three
are.
-- w
The Double Hheet.
he neat double shoot will be published on Tuesday
lag ani
loin?IT It rain* to-day, la there not a
*g probability of a clear day to morrow 1 If It should he
isfit, pleasant day, what would you do with (hataaeleat,
,yed, drianidaled eld hall Hey of KNOX. IS1 I'slteu
it, a liat for Int doUar<, that you oaa he proul *1