OCR Interpretation


The New York herald. [volume] (New York [N.Y.]) 1840-1920, March 13, 1851, MORNING EDITION, Image 1

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

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030313/1851-03-13/ed-1/seq-1/

What is OCR?


Thumbnail for

THE NEW YORK HERALD.
WHOLE NO. 6716. MORNING EDITION ? THURSDAY, MARCH 13, 1851, PRICE TWO CENTS.
NEWS BY TELEGRAPH.
AFFAIRS IH WASHINGTON CITY
THE NEW HAMPSHIRE ELECTION.
THE MASSACHUSETTS SBNATORSHIP,
&C./&C-, dec
'Ttie Latoat fiora Wt?hlii(i?n.
CON. lirMATION or T B I ' ri'E R KIWJ ANB OTHERS ?
COMMISSIONER TO CHINA? THE OOMM IS8IONK* 01'
rATENTS JLUvESS OF SENATOR THELPS? TUK MCA
RAtil AN Ht'SINXtMl, ETC.
Wj'Himiu.x, Maroh IS, 1831.
The Senate yesterday eou&rmed T. Butler King, as
Collector of the port of Bin Fruolaoo.
The Senate confirmed Mr. Xelson, of l ast Tennesa?e
as Commissioner to China.
The papers for George T. Curtis to auperseile Mr.
Xwbaoka, were made out last Thursday but have been
'withdrawn, upon information that Mr. Curtla will not
aecept the appointment Tha change will be made as
aoon as the President oan light upon the proper peraoa
to fill it, and who will take the oommlssioaershlp of
patents
The Supreme Court adjourned yesterday.
The following confirmations were made by the Senate,
.?yesterday Samuel O. Bradbury, Pean.. Chief Jus
tice of the Supreme Court of the Territory of Ctah,ia
'pl.oe of. Joseph Buflngtoa, declined ; Henry L. Tlldea,
.\Iarahal of Minnesota. George G. Baker, Ohio, CoasU|
*cr Oeaoa. Sardinia.
Fd>ard William Johnatoa, present Seoratary to tha
Mexican Oofciniissionere, aad formerly assistant editor
?>f the /nfe/iigenter, ?ij; shortly aaaume ooatrol of the
JMchaiond H'Ai ig.
The folwsls; aonflrmatuaa were made to day ?
(Samuel 0. Goodrich, Consul at Paris ; Robert 0.
IBchenok; Minister to BrsiU ; Mr Claek, Bears tary to
Legatioa, ditto; John Howard Payne, Coaaal at Taaia;
William Kaaby, Coaamlaeleaec Publio Bulldluga; Thoe
A. K. Nelaoa. Comnusaioner to Ohlaa. There ware
also large numbera of ooaflrmatiena for mlaer offloea.
Xhe table la oleared of all aomlaatloai but ene, the
cuperintendent of the Custom Uouae la New Orleana,
which could aot be taken up for want of a quorum.
General Scott will leave here on Saturday for St.
Xouis, aad other points, to leoate military asylums,
provided for by the aot of last session.
Kx Senator Phelps is la a orltloal altuatioa from
srysipelas aad the Secretary of the Treasury is oon
An.d by tadlsposttlon.
The Seaate will disperse to- morrow.
The Nicaragua question continues Involved la mys
tery. Rumor saya that the Nicaragua Miaister aad
Mr. Bnlwor uaderetaad the subject oompletoly, while
Mr. Webster Is la the dark.
THIKTT*UBOOiVO OOSOREBS.
BY MOISS'S MA0NKTIC UNI
Iimfi
BXICtrriTX SESSION.
WiiMinoTOR. Mink 13, 1861.
THK HILL 10 R THE RBLIKV Or THK OCLOKWA
?tiok Himr.
Colonel Jiini.iOfi Divit oSml i resolution, dlreot
iif the lintUrj of the Senate to oertifr to the Pre
sident of the United States, that the hill for relief of
the Amsrtcaa Colonization BeeVety >u presented for
hi* signature, without the suspension of the seven
teenth role, by the Senate which suipenslsn we* ne
cessary far snob presentation.
Mr. Smith objected to the reeolation, end it ?u laid
over.
Tbs fcnete then west Into sxsoutlve *cesl?n, sad re
Rtelaed till 4 o'clock.
THE riTHT SrrOST.
A leiolution *u thea adopted dlrscttog the par
ehise tiom Mr. Hitebie of 46,(100 oopies of the Patent
Oflce Report.
ADJOVeVMCNT DCCIDKD ITO-l.
A moUoa to adjourn ts morrow at 1 p m. , was
adopted
THE r>Ulft(NT'l IIUDitlltl.
Ooieael Jmnton resolution, concerning the
?nor In getting the Freeiilent a HMN to the Uolo
pltatiH Relief Bill was taken up. ana debated.
On a rate only twenty-nine aenetora| appeared, being
no quorum Several motions wsrslmedc. but as ne
tbiag ro aid be done without S , . --ru.il th? S-aat* ed
Jeurned till to morrow
New Hampshire K lection.
Bosto*, March 12 1861
aoVKKMOR.
Tbs returns from one hundred end twenty towns
Rive, ob the gubsrnetorlel tieket ?
Dlnsmois. democrat..,..., 14 410
Stawyer , whig 11 922
Atwood free soil 8 042
11 004
Against Dinsmore, thus far 4J24
Tbls vots shows e democratic loss (for Dinsmor*) ol
e,?s.
COSORE9S.
Tbs returns from the Congressional ilitrlsts lull
eats the eleotloa of the following sandldets* ?
Dttfrtrf*.
J Amos Turk free *<>ll whig, re elected
2 - Charles II I'taMec, democrat, reelected
4 Jared Perkins, whig, over Morrison democrat Iste
member Whig gain
4? Harry lllbberd. democrat; re sleeted
Tbs Congrsssloaal delegation, therefore. will be
equally divided.
There Is probably ns choice for Governor, sad the
choice will, la thai ones, bs meds by the Legislature
limsmere Is tbs priscat Coveraor Tbs vote last
year, la the wbols Ntete, stood -Dlnsmors, dem.,
90,761, Ohamberlela, whig, 18,472, Berry, frss soli 0 742.
LaatsuTt'Ri.
8?iurfr.? Ia flvs districts heerdfrom, ihrss whig* era
wleoted and in two dletriots thers Is ao shoics - seven
te ha beard from.
ffnw r/ IrfirtMeWirft.-Tb* Oouss so far es heard
j roa, stands 74 whig and fres soil democrats, and 61
regular democrats The seme towat lest ysar. gavs
40 whig and 99 dem?critir members.
Ia Portsmouth four whig* sleeted , Dover, seven
wbigs; K let er. three whig*. Nathua. Nathvllle, an d
Petrkeeter seal entire whig delegetione to the Legis
ature
Ktono 0ETATCH .
Boston, March IS? P. M
A despatch fram the P ninat (dsmusretlc) ofkee, Con
cord. dated Mereh IS -I P M , *ny* It I* rertala. by
ret ures from eearly ths entire Slate. 'hat Dlnamore,
the democratic eendldete. will tell abort nearly I.OOj
of an elect loa The democrats. It I* ascertalaed. with
out mneb doubt will have a smell majority ia the
Legislatars (though greatly reduoed from la?t year ,)
who will elect Dtaamore Goveraor. Atwood. ths re
pudiated candidate of tbe democrat*, received tbs
tree soli vote sod 4 OCO to 6 OOti democrat sad whig
-vetea bis total vols will be about 11W4> Perkins,
-whig for Oongriss. ba? about 1.000 naaji'tty Te-k
-will al-o bate e larj,e majority. Peael** and Mlbbard
dem oe rata ere certainly re ?le t?d It I* certain thet
nearly all the oewlr amenUed constitution has been
rejected (being voted on by section*)
Another AtUsapt to Klcet m Vailed States
Senator In Nauaeknsetlt.
Boston Match 12 1861.
Two mors attempt* were to day mads to sleet a
United States Senator Aanesed Is the reeult ot the
? allot*
R>ren'/?rs. Kifhhra
Charles Samaer '?w 1*8
It O Wlotbrop I* 198
Scattering TT 54
Slaak 4 1
Retire vets 890
Vseessary te a choice .ISO 1"4
Bumaer lacked sevea vntss oa tbe flret aad eight on
?the lest, being e falling off of eM from the prcviou* at
Ismpt te elect
After the 'esult of the last hallo* bad beea aaaouaeed.
.a metlon waeaiadeto pr?tpone the sit Jset for four
week* and en ecituioniou* debate of two herrs' Jura
tlon easn"<'. la which Qsnetal Duabiag and others of
tbe old line democrats were attached by the coalition
!st* Tbe r.otion we* rejec'.d hy a vote ?f 19S to 192
The swhiest *e* then eventually pr <?.|>one 1 'or otts
?week.
The free rollers felt coa".d*at of eu -ceSI t?? Say ent
? %re?cvr1hly dieeppi.lBted St th-ir 1 I'M T ti e y have
beoofaa fell flea. f?< m ths result ? the t>?;i??a to day
thet iiasef canuoi be elects'! to i n- U elt?4 rtt ?-e<
?? ne'e ai.d tbev me already l*IV> i of r nulog ,? t(.
pbean Phlllt|/S It bs saRaot be ete Tt >| tfeS win Sfc
Kr (ieorge t? Hr'gg*. wh'g They will no? aajoce^
t Rally they *sy, without Ut<RfliS| '.e ?'ec \
HRW YORK LKOI8L A T U R R.
? Y MORSK's LINK, NO. 16 WALf, ITKIR.
Senate.
Alh.it, Maroh 12, li&l
miTiMi
For ? national railroad, part of which to be located
in this State, of a large number of wvwea asking to be
allowed to vote.
NOTICE or A HILL.
Mr Morgan gave notice that he would, at an early
day. ark leave to introduce a bill by which the cum
in. 'na, in summary proceeding* to dispose*!* tenant*,
ehall r>ot be rrturned on the lane day that the pro
off dings are lisued.
Auembiy.
Amur, Maroh 12, 1861.
rCTITIORi PBBSENTCn.
Fire to repeal the Free Sohool law; four to restrain
the rale of intoxicating liquor*; te place a State law
library in Utlca; two from the oitisens of New York,
to compel the New Yerk and Erie Railroad Company
to adhere to their original charter, of the citizens of
New York against par redemption In that city.
hkLATIVE TO THK SALE or L|i)UOHS
Mr. F okltck, from the majority of the committee,
reported a bill relative to the sale of Intoxioatlog
liquors. Tbe bill provides for licensee, but makes the
vender liable for all damages resulting irom the cale
of liquors.
Mr. Chamrerlii!<, from the minority of the aame
committee, reported a bill to prohibit the sale of
liquor, under an adequate penalty.
STATU HISTOBV.
Mr. Vahni m introduoed a bill providing for the pub
lication of the oolonlal history of the State, and also
to place a copy of the same In the exeontlve mansion
at Washington.
Tbe Houee, in Committee of the Whole, took up 'the
consideration of private claim*.
Hnalelpal Blectloni at Camden, N. J.
Camden, Maroh IS, 1861.
The annexed 1* the result of the eleotlon In this pleoe
yesterday Dr. Lorenzo F. Fisher, Native American,
was elected Mayor by 84 majority over the demeoratio
candidate. Joseph Myers, native, was eleoted Clerk of
the Quarter Session; John W. Potti, native, City Mar
ehal; John W. Miokle, democrat, and Abraham Brown
ing whig, ohoeen freeholder*; Joseph J. Meore and
J. Y. Hoagland, native*, Surveyors of Highway*.
The Natives have gained a majority ot the ofloes.
In the north ward the whig ticket, with the exoep
tlen of one Justloe of the Peace, Mr. Caecldy, was
eleoted. In the middle ward the ticket was between
the whlga and native*; and In south ward the native
ticket ia elected entire. Thlc ia a great gain over the
demooratic candidates. In oomparison with the return
of the election last Fall.
Kwp'a and Lewie County Ranks? Railroad
Stock taken, dtc.
Utica, March 13, 1861.
The bills of the Lewi* County Bank, to the amount of
(8 000. were redeemed in this olty to day, by F. Hoi
li*ter agent for the bank.
A statement In the Watertewn Uru,>n, show* that
Henry Keep'* bank I* perfectly good. All the bill* of
the bank* reported bad last week are now taken in
this eity.
Stock to the amount of $178,000, for the Mohawk
Valley Railroad, has been subceribcd In this eity. The
engineers will report the routes and expenses of build
ing by the 30th of April.
Conflagration at Carililc, Pa.
CitLULK, Fa , lUreh 13, 1161.
The moat di*tre**ing and deitruotlr* fir* that ?i*r
took plae* la thi* borough, broke oat this morning
between twelve and one o'olock, in th* stables attache^
to Bcatt'a Hotel The Are spread with (rightful rapid
il* ; the wind blowing quite freah from the northwest.
Tne flamaa toon apread to the adjacent buildiags, and
in the course of a few houra fourteen dwelling*, twenty
atablea, and two warebouaea, were oonenaei, beside*
enteral hone* and eowa, ho Tha lire wai not anbdaed
till lour o'clock. No live* were lo?t. though levernl
perenn* were aerlouily injured. The lo*a ia estimated
at ffiO.COO
Dryartnr* of (b* Kurop*.
Boitoii, Maroh 12. 1S61.
Tb* Ounard iteamahlp Kuropa aalled at noon to
day, and took with her $10,600 in sovereign*, >00 000
In American gold, and 914.000 In gold dust. Shehal
on board ilty six pasrengera for Liverpool, and e*v*a
for II alt ra i Among the former are Mr* WUthank,
Mr and Mr* Urogoard. Mr Scroll and mnant. T
Bntterflsld. C. Beckett. C 0. Kugkeet, C. M Parker,
J a# Batterrhee, Judge Daly. Mr. Maiden. JaaeStra*
beyer, John Vockhelm, Mr and Mr*. Pen*. Mr 0ol
man. and J. Berria, all of New York.
The Fre*h*t In T Irglnla, Ac>
Baltimore, March 13, 1161.
The Ireehet from tb* Roanoke ha* done great dam
age to the Railroad company, by the carrying away a
number of veMel* and embankment*. There 1* no
laterxoptien ia travtl however.
The N ut hern mall I* In. but w* have nothing aouth
et kaiannxh No new* of any importance
Hawaii Intrlllgenrc.
No?? o..? March 11, 18*1
The ?loop of war John Adam* went down to the an
ciiorege to day She will *all in a few day* for th* I
eoa.it of Africa
-
Ttir Canadian Capital.
Toaoirc March 13. 1U1 j
A large public meeting waa h*U here thl* atteraoon.
to aJdrr*? the Qavarnor (>?o?ial again*', th* removal |
of the ?eat of government till It baa been bare four
vt*r?. Th* addrae* declare* ihat a removal before
that time muat Inevitably prove diaaatrou* to the praoe i
aud well beiug of the provlns*.
Bleteorologlcal Obeerrmlona, March I I.
iiv mobm h line? orrtcx 10 wall amorr.
II' ?r*i?. IA. M ~ Beautiful morning. wind north |
therm one ter 33, tar o meter mercury (5K 8 1'
M ?We bave bad a pieaeant dav. an 1 the evening i*
blight and clear; wind north; thermometer 29, b?ro
meur 29 CM), meicury Gu
Ho- iimraa, W A M Klne. tunny morning, with th* I
wind frcm the northwest thermometer 8J 8PM
flae clear evening; wind from the w**t. thermometer
M.
At ei an, 9 A M Beautiful, warm, pleaiant morn
lag h f M ?Clear and pleaeant evening wind north
eaet. thermometer uO.
Biaartas, b A M A clear, beautiful inornin,;, and
quite coid, alnd ncrth, tbi-rmonater 19. I P M ? It
ta* been a very pleaeant. but quit* ooldday; wind
northw-et, thermometer 30.
0*w*< 9 A M Blight, pleaeant. but cold mornlni
wild north, thermometer 19, barometer 30 40. 8 1'
M - Clear, pleaaant moonllrht eveaing; wind aarth; i
tbermomet-r 1# barometer JO
tin ? 9 A. M ?Clear and beautiful morning wind
nortbweet thermometer 30, bar meter 'J* WO IP V
- W e have had a flne. clear day, with a clear and plea
teat evening, alad nortbweet; thermometer 33. baro
meter ur stiaigil.
Aiaa.iv.9A M -Clear ?unny morning, wind north,
berrw ter *J, mercury la barometer <18. thermm* 1
ter 10. t P M ?Cleat and eold evening barometer
ft M, mer-ory 07. thermometer 30
Taoi 9AM <1ear and beautiful morning ku*
colder than y**terday wind north therm meter 20
8 1' M - CWr and beautiful evening with a light
unrthweet wind
Mievavti IP M. -Weather clear aad cold, wind
weit, tbermr meter 13 degree* above tero. barometer
Bo M.
t|tinr. IP M Beautiful, elear evening thermo 1
meter 4 degren above ?ero
by ha;Vs UNI ? orriOB wall n*m
Cevaau.L, I f M ?Clear and oold. and th* travailing
g^od.
Ki?nrrov 8 P. M We have had a beautiful, eprlng
llke dav and thie evening the moon I* *hlnlng beaut i
fully, wiad nrrthweat.
ko?Nt t, 8 P M ? Clear, baeutlfal day. with tha
thermometer *tM^ ^ ^mmm
my Intelllgenre.
T it O* -?i < Cm -leet'iilar afternoon in tha
me' -er of Bertlne A Ryereou proprietor* of the Thirty
flret aad Orand atreet line of s? age? Juetlee Mtnatfor*.
wae *erv*4 with a writ of rerrtenrt, leaned by the Ma
preme Court, l.i the caee of William Vader, one ef the
ditvers aonvlctej the other day by tba|iasgtetrate, for
driving n itage wlthnnt belag lleeaaed The writ It <
made returnable on the Iret Monday In April next
We understand that write of rarliererl ia each of the
other ea ee will be allowed aad *erved, ia a day or
tea oa the roagletrate. aad the whole qnaetlon will
tben b? carried before the Ptipreme Court on review
Uertlae a Ryeraon. we are informed. etlU noatlane to
n<n tfc fr etage*. but do not tab* far*, but a woman
l? Mated In the *tege. with a '>a*ket containing
"change." and the paeeeagere wt*hlng to pay. depoelt
the elipeace la the baaket
Vim in N*a**v ffiiM- IUrihi or OtMPNmit To*
B?i?i* Hia*t? On ii l.iutiMrivt iw th?
r?#en - I net -t-iIiik about half paet ei^ht o'elnek, a
Are broke nut la the baeemeat ot Nu 111 Na*>an street
For *ome time pere< n? living la the vlelnity ruild
not ?*cer(.*la trhrr* the Are wae. there being no data*
vlelbie but * m??? of deaee smoke *j>read over
the adji.eent efeeefe It ??? o e*< ertain- I tha' tha
tre originate! in a lititeh ba?r eeliar. o**upled by n
8>*n tiitirl Rideabark Three periona wer* In tha
cellar at the < m? playing domln * namely. Rldea
bark tin m Ht imc toon and Heart limbeck Theftre
't ilnat'd free* the buretleg <1 a oampbene lamp.
?' irl "julrhly enteloped the ?eH%f ,n <tam ? and the
n i n a -r* ?o oi?fn?ed aad frlgh'ea^d and biladed by
?he 'milk* that they retild aot make their way tn
?be <i< or 1'h'T appeared at the grating, and were
thrhailtig their be*"!" thravgh In agony, two <%?. them
| Se'ag Wl-Virnel Th* greate?t ? fUenient prevail
j, m ; *a? <mr^*elbl* to get In'nthe *<l'aeby th*
t V .r r, eceeuMittb* lite aad den?e emake The
' r . ; k. .u < *1 u i ut"u ?i prtMat, ticking oa la a
at Me of terror and distraction A pick kw hiving
been procured the gritting wan broken open by W m
Story, who did good aervioe at the Uagu? atreet Are,
and by Officer Carmody, cf the second Ward, who ren
oued tbrm troin the tlanea Stimonaoa and Lt-mbeok
were a?n*reiy burned in the handa and laoe The for
mer waa taken to the Second ward station hou?e. and
afterward* to the City Uospltal The latter waa taken
Id the trst inatance to th* apvtbecary '* at the oorner
of Park row and Ann etraet. and afterwards to Dr.
Kbiaht a, In Anne atreet. wto dreaaedhla weuuds, attar
wbloh ha waa taken to fcla reeldrnae In Duaae atreet
As th> men who were taken np were unabla to apeak,
from the effeet of tba smoke, there waa the aoat pan
ful auxitty among the multitude, as It waa bellevad
there were others In the cellar, who were cither burned
or suffocated. Meantime the firemen aaaemblad la
great foree, but the (treat waa ao narrow that only a
law could aot. There waa tnuoh anxiety for the store
atore ot Mr Ilolmes, overhead into wbloh the fire had
burned ita way from the oellar. destroying the stair*
In lt( progress. On the floor above the atore store was
the office of the jlmrrican Hn i'w , and the adjoin
ing building. 120, being Campbell's wholeaala paper
atore. the alarm Increased, and not wlthont reason for
had the Ore gained a little more headway It would
have been probably a great one, and very difficult to
extinguish, owing to the narrowness of tha atreat The
stove atortt waa opened, and the hoaa introduced and
played with inch effect upon the enemy below, whioh
was rapidly ascending . that In a ahort time a vletory
was achieved. It waa not however, without a damage
cf about $1,604 between the Injury from water, lira
and breakage two third* of the basement being ooou
filed a* a storage tor atovea. There waa not a cant or
naurano*. Trie firemen and police deserve great
credit for their exertions. The whole foroa of the
Second ward polloemen wtre In attaadaaoa
Firk ? On Tuesday forenoon, about 11 o'aloek, a Are
broke out in the Tenth avenua. between Thirty-fourth
andThirtj filth street*, in a house belonging to George
Nimmcn The firemen ware promptly on tha spot
after tke alarm was given, and tha fire waa extin
guished with trilling damage.
A(cii?nt on Boakp a Brim. ? An aocident occurred
on Tuerday afternoon, oa board tha brig Caroline and
Kliia, lying at Judd'a wharf. Thomas Lacklay, one ol
the crew, while engaged aloft, fell from the foretopmast,
and Injured himself aeverely Ha was taken to the
City Hospital by oflicar Thomas Smith of tha Seventh
ward.
Court of Oyer and Terminer.
Before Chief Justice E Jmoat it and Aldermea Franklin
u? Miliar.
TRIAL FOR MURDER? THIRD DAV.
Mah> m 13.? Thomas Prlchard was again placed at
the bar charged with the murder ofDomiaiok Lam
brioht on 30th January last. Mr. Horace K Clark
then prooeeded to sum up the ease on bshalf |of the
prisoner, and commenced by saying that, under crtf
nary circumstances, he would not have felt it acces
sary to add one word to the very able and eloquent
address of his loaned aaeooiate, Mr. Clinton who coa
cluded hla argument the previous evening. He would
conflne himself to the faota of the oaaa, and ha called
upon the jury to apply themaelvaato the oo net deration
of the tact* and circuiantanoee, and aay whether, it
tbcy believed the prisoner waa the pereon who threw
the weight whioh gave the fatal blow, they eould pro
nounce. upon their eolemn oath*, that he was guilty
of the crime of murder. Counsel here daftnadwhat
acts constitute premeditated and deliberate murder,
and then reviewed carefully the testimony of the wit
nesses for the prosecution. Be referred to the tact of
Mr. Hunt, the principal witness la the oaaa, having
failed to identify Priohard when ha waa azpoaed to his
view in company with seme other prisoners In the jail.
As to the avidenoe of the man nailed " four fingered 1
Dutch," it was not worthy of belief? a man convicted
of many crimes, yet who deliberately swore that he
could not remember what they all were; If he has
proved himself false la ene particular, he was not
worthy of belief in another. Mr. Clark was pro
ceeding to argue that even If the jury believed the
blow wae struok by the prisoner, it would not amount
to more than manslaughter.
The Judge here said he intended to charge the jury
according to the law laid down by himself la the case
of Austin.
Counsel thea referred to the opinio* of his hoe or
the presiding Judge. (Edmonde) delivered la the
oaaa of the People against Austla, ia which he
says u Whether the act waa murdei or manslaughter
under our statute, depended entirely upon theeila>
teuce of en intention to kill either come partloulaf
pereon. or generally some one of a number of parson^
agalatt whom, la a ma**, the fatal act is perpetrated.
There Is ogjy one homicide known to our law whioh
becomes murder in the abeeaae of en intention to ef
fect death, aad that 1* when the act Is perpetrated
by one then engitged in perpetrating a felony. K?.
cept 1a that one oase. no homicide is murder withowt
an intention to kill, aad with such an intention,
every homicide, with the single exoeptlou already
mentioned, unlet* it be justifiable, li murder,
whether the intention Is formed on the Instant,
or has loag b*<n entertained. ftuch intention may be
i Inferred from the aol 1 tacit, for It may be oae whioh of
itself plainly Indicates a beitrt rejardleis of social duty
and fatally bent on mischief, and men arc to be pre
sumed to intend the natural and inevitable cons*
'lUtnoee of the acts whioh they wilfully perform, but
unlese there be such an intention, the act cannot be
more than manaleugbter. * * * * If
the homicide had been perpetrated without an In
tention to kill, it would be maaslaughter and no more,
except in a siugle ca*e of its perpetration by oae ea
ge#fd ia committing a felony But If perpetrated
with an intetllon to kill, do matter how reeeut the
provocation, or how high the pasalons, it waa
murder A a act ot b->mloll* perpet rated with a
{remediated design to effect death, though In
he very heirht of passion, and springing from 1
even an dieting provocative. can Had no re*tia<
place In our statute exeept under the deflnlttca of
murder or justifiable homicide, and the Intention to
kill bein? established there li no degree or deecriptlon
of manslaughter la this etatute which oan embrace
it - Such said Mr Clark, was the opinion of the pre
siding Judge, as eound in law as It was eiegaat la lan
guage la the prearnt case, he, therefore, contended
there was ao premeditation; the prisoaer did net go
to the Mere armed with a weapon for the purpose of
taking Ufa. but In a dtunk-n state, he took up a wea
pon Irrm the counter, and flung it without the inten
tion of committin,; murder but merely to Inflict a blow.
The truth is. 11 theie were the mea who composed that
party go'.ng to ths store, they were druak - the} were
on a d.unkea spree - they went out drunk ?spent the
n'gbt drinking, and returned home more drunk,
lie t hen alluded tc the de*n?rete character of - Butcher
Rill" end " Kour flngured Dutch," who had redneed
tb* unfortunate boy th? pile eer at the bar. from
compsratlve lon'-cerce to misery and crime Counsel
then went on to contend that there wae an ebcnce of
malice on tbe part <>f the prisoner If* spoke first to
the deceased ehen he * nlired the store, an I It was the
response in allusion to the fotm?r' muse." ?' yeu got
what you desetved " that made him glre the blow
Ilad Domlnlck asked the perty to drink aad forget
their former <|cetrel there woul I have been no oflence
c tncrl'ed they did i.ot find the prisoner ru*hlag into
ths stars seiiiuiia weapon. laHctirg th? lajary. and
rushing away: If sueh had b?en the fa?t, ther- w?aid
here been id appearance of awllce and premeditation
The blow that kills whether it be meoelaughter er
murder, **nd? the victim perhap* unprepared before
his &l*ker; but tb* law. contemplating thelaflrml
tie ? of poor erring human being*, aad la coapeeel^a
for oar meay weekae-eee. makes a wide dlstiaetlo* ,
between theee nets.
ivisisi; *i *eiew.
On the reaeeembling of tbe court, Vr Olark con- |
tinned hie addreae He said that the act, If committed |
by tbe pri?on> r, wae committed wholly without del. be
ret Ion. tbet hie reasoa wee overpowered bv drunken
nese. which Is the most melancholy Insanity the", In
tbe providenee of Oed. was ever permitted to derkea
lbs mind of maa He contended at greet l?ng'h. that
tbe deed. If comn<itted by the prisoner which he did
not feel himself at liberty te concede wa? done u-d?r
Erovocation, the r-eierk made by the deca?ed if It j
ad been addressed to a sober man. would not have :
caused reerntment, but with a dronkea, tbonghtiees i
b"7 It w*e otherwise Mr. Clark thea com meet?d at
greet leagthiead with much ability. upon tbe alleged
t< rceaimert of the boy ia his mother s room, aad ad- I
milled that the prisoner did seek the protection of his
mother's heme when he learned thet the ofllcers were
In pursuit ofblm. and thea aekrd, "And where should
tbe fatherleee child bare gene, but t? the bumble bone
cf hi* mother"" But It Is sal l that tbe mother followed
therfflcere who bad bsr son in charge, yes, gentleman,
she did she has folic ewd him here, en<l If yotir verd'et
consigns him to the scaffold ehe will follow him
there Poor Impoveriehed as ehe le. she I* the mnher
etlll Twee algbt. te* ? e< Id end uocovered. *a?e by
a thin warn garmett tbe relict of better and orlghter
deyg long since peeeod she followed him ebleerieg and
wretched The nreseontion Infer from this clreum
s'anes unfavorably to the pel toner I ask where le
tbe mother la Christendom that would not thwe have
followed her only a-' u' The learned couesel then la
sl'ted that the drunkenness of tbe prisoner wae proper
t<> be taken Into consideration by tbe jury; although
cot strictly a legal defence. It wee material to the ,|ue*.
tion of malicious intent anil to the point whether the
prisoner ectsd from nroveeatloa or from maligelty
lie urged that the weight *?< thrown by the boy le e
At of drankea phrenry. and la a heat of paaeloe ex
cited by reel or Imeglnery insult Mr. Clark then eaid
the pnblie prosecutor claim* the eoavietlon of the
acrused for murder, oa the ground, ae he allege*
tbet It Is nee***ary to check the ruflenism of
the *ge | eoncede the prevalence of this eplrit to a
meet disgraceful extent, but It le oae for which thl*
bey la bv no mean* responsible. Kiemplee have been
set h a by m*n In high places, by men wearing the
garb end profeeeleg (be < beraeter of gentlemen, he
mast have learned that members of Oongreee ooea
slonally settle their dispute* upon the flooe of tbe
Hen** by perronsl collisions, at tlmee rivalling In
Ibelr eacouaters ti e feroelty end chleulrv of bull
doge Ore Henator draw* a pistol upon aadher: aad
for all such scenes which have rendered our Onngrwis
a di'B-aco te the nation, theee men are etyled h nora
blse Tn our own city, street ettark* have been of
ron<mot> rccurreaee. and le it exfraordlnaty that thl*
bov whbout "he leas* aaoral cr religion* <ul?iire or a
|n"Wsc* rd^'^atlon. and whe he.1 received from hi*
fatli?r no Inherltseee but tnfemperenne conceive^
'lit the law of violence wn? Ibe lew of the land T>?e
e?tl reqairee eorreetion b<i% the system of retormatlen
ewght to be cflmmeneed <'pon lerger game than the prl
? r r>-r at the her Mr <|ta>k eft?eward? eald there *ee
Mij coneolentione m ett who doubt the wte?lom and eg
I edlsrcjr bl rapltal p*int*bm*et, while on the other
heM on>ers eqnaUy -onsctentlons. regard it eg In ae
cerdanre with the nrdlnanc <e of religion and emlnsnt
[ roneerrstlve rf the eeane ant L,oe I order of eo
' ciet) . Ta prrsetff It, ths penUhm at af d*etk meat
he n s-rveil for extreme ea?es of dear unequivocal,
It t'n'lrnal murder Th* eonvlctlen ot t hi* boy would
be ? landmark to th? hlstorj of our criminal juris
prudence The court wbose strooi:~l*aninfS are now
against 'ta prisoner f mean upon tha merit*, not
ega'nat him personally- will, by and by, regret it;
huiuaaity would mourn a murder perpetrated under
tha sanction of law; and when the community learn,
tt in! they do, that tbia boy wa? taken from hi* bona
by grown aen. and filled with rum and ltd reeling
from mm shop to rum shop. until frenzied and
u ii cone clou*, in th* wild delirium of hi* in
toxication. the blow waa stjuck which caused
the death of th* deceased , tbey. too will oondemn
the conviction, and will inquire how it could have
beta that a boy of all teen the youngest of tbe Are wa*
sacrificed tor the protection of tha reat ' Mr. Clatk
then proceeded to argne that tha eat* cam* within
ene of the decree* of manslaughter below th* ttrst
degree, and said that a term of year* In the State pri
son waa a sufficiently severe punishment for th*
wrong tbia bey had done, and sever* enough to aatwer
all th* end" of publlo justice or private revenge Mr
Clark concluded a* follow* But th* (treat question
? gain recurs did this boy Intend to take that young
man's Ufa I think tha truth and justioe of the oas*
require that you should answer this question In th*
negative. If. influenced by the *tr*ng adverse ruling*
of th* court, you shail b* fnduoed to answer it other
wlee, I very muoh fear that in after times th* question
will recnr to you still unanswered Long after his
body shall have mouldered away to dust, and his
nams and his crime shall have been forgotten? long
after th* scenes of the present trial shall have beoome
lost to th* memories of all hut yourselves? long after
his broken hearted mother shall hav* wept her last
sigb, the question will recur to you. " Did this hoy in
tend to take that young man's life," and will still re
main unanswered. It will obtrude upon your hours
of retirement; it will break in upon the slumbers of
night; It will come with the dawn of the morning,
and I fear may disturb the otherwise unbroken har
mony and bapplnee* ol your lives. But I will Indulge
n no sncb anticipations of gloom, oonfldent that you
id oat r*nder a verdict which ahall save him from a
violent and antimelv death, and give him yet an op
portunity in after life to attempt to repair the sad
rains of his youth.
Tbe District Attorney then roee and said? I am
abent to demand a verdict at yo?r hands whioh is to
sander tbe tie* that bind th* son to tbe parent, the
brother to the sister, nnd n yonng man in the flower of
his youth from farther connection with oar oemmon
humanity I would Indeed be rejolosd to be enabled
to ask a different conclusion to tbia painful drama,
but I cannot The dictates of duty, a proper regard
tot thoee social relations whiok have been so ruthlssaly
severed in the person of the unfortunate deceased the
violated m^jeety of the law, tba stern voloe o< justice,
the Innocent blood which has been shsd, demand
imperatively demand? the punishment of the man
slayer You, gentlemen of the jury, and I. arc equally
ministers of the law. The oath which binds you Is
equally obligatory upon me I have no pride of suo
oees to accomplish. In other fl*ld* I hav* striven, and
oaa again strive, lor th* laurel wreaths of victory; but la
a cane where life or liberty is at stake, I desire no other
triumph than the trinmph of juatioe? of justice, tem
Kd with mercy, if you please, but still of justice. If
uld forget tbe duties I owe to society; if I could
obliterate from my mind the oath I bare registered; if I
could overlook the character ot tha testimony in this
case; if I could shut my eyes to the results upon the
commnnity at large, and especially the moral influence
and effect of your verdict upon the assoolate* of th*
B- oner I might h**itat* as to tbe path I am to
I repeat I oannot. Tbe tainted atmosphere
which we have breathed for the last three days re
quires to be purlSed Look around you, and see tor
yourselves who constitute th* bulk ot th* attendauta
and spectators of this trial It is to them, as well as
In behalf of the community, I desire your verdict to
be addressed. The lightning whlok soathss and
blasts tbe sturdy oak, and destroys tbe beings who
hare sought refuge beneath Its branches, seems also
to purify tbe atme*pberr of 1U impurities, tad re
novate*. with now vigor the lUfunl ud oppressed
energies of animal ??tare. 80 also la It with tba moral
world. It rr quires purification, and if tha lightning
of the law itrlkei down this priionar. it will *erv? also
to purify tha moral atmosphere, and to r*?UMitat? 1U
drooping ?nergiee. The learned Diatriot Attornsy then
referred to the statates which define tha aaU that con
stitute the crime of murder, and of manslaughter la
it* various degree*. He stated, that 11 a man leave* a
gun loaded, where a child oan reach it, and that daath
ensues In cou*equenoe, he la guilty of maaalaughter In
the fourth degrees *o In the oaae of the Twenty tint
street oa'astrophs none of there etreumatauoss mret
th? pretent caw. As to malice. Mr. Blunt traced down
tbe clrcumhtanoe * of tha qukrrelfrom the 11th cf .1 an
sa ry to tha auth, ? ben the deceased waa *rut by tha
priaoner - unainilnted and unannealed," Into the pre
aenee ol hi* Maker. Where lathe sudden pa*aton here?
It I* tha malice atoreihought which eonvt'tutes tba
crime of murder, that ia apparent throughout tha
whole transaction Tha learned counsel, who laat ad
die**ed tbe Jury with a leal and an ability whleh doaa
honor to tbe piofeeslno, told them that there waa a
dlsrrepency between the taetlmony of Sir Hunt and
butcher bill, but thi* accomplice. If they oboo*e to
oall blm so, tell* the itory of the transaction, which I*
ocriobi rat ad In every word of tbe testimony of Mr Hunt
That tbe prisoner 1* tha man who oommittted the aat,
I* beyond any earthly perndvrnture. With rripeot to
the evidence, he would say ht waa oblige 1 to aaek It,
with the exception of the testimony of Mr. Hunt.
fr< m tba vary lowrst dreg* of soolety; but It la
well known thatevm thoae who are lo*t to virtue will
not commit a deliberate perjury la tbe faoe of heaven
But he did not a*k lor a conviction on tha unsupported,
testimony of these wretched creature*, they have
ben r< rt.l, orated In the essential character of tba
evidenca by Mr. Hunt, a witne** of nnlmpeachel 1?
Integrity. Having referred to tbe evIJeuoa of the j
witnesses Mr. Blunt said ha had concealed nothing,
be endeavored to bring It all before them, he felt la a '
pr-eitlon equally responsible with tha Jury, and they |
mistake him much who think there is any feeling but
that of compaesion In his breast or man. even in hit
low aat estate He bad endeavored to discharge the '
duties which bad been Imposed apon him by the par- 1
tinllty of hla fellow cltieae and If be fait there w*s a
doubt In the case, he would unhesitatingly tell them 1
so. but so far from doubt he would tell them in tha !
same solemn manner a* if be w?* a a worn juror on tba
panel with them, however ptleful, In the ca?e of a
youth like the prisoner that then* Is none As to the
defrnrx of Intoileatlon far distant l>* the day when
an Individual can pnt within hlm?e|f the pnisoa which
steals away the settees, and ask fur lm|.uo!ty for tbe
srti consequent upon bis own errors II- thii't be ,
t?ujit In th? language of a learned j udg", In another ,
country that there I* no Impunity for crime* com
mitted wbll" under the influences of "that liquid 9rs
wbl h steel* the conscience and dulls the moral '
sens# while It raises the (l<-siierate energies. the pow
era and pa>elona of nun'' Mr Hlnnt concluded an 1
I able addresa by deetrlLgof tbe jury that there should j
be uo compromise of ei 1 ae and that they would ran
der a vaidlct whleh would teach the desperate and
reckless a bar act era of the community. that an Am* <
? lean jury all! ever vindicate ths laws, and strike tar- |
?or Into tha hi arts of tbe reeklesa and the wicked
Tie Judge, In commencing hi* address to the Jury, 1
said that eo matt subjects had been introduced la tba !
so? ree of the oW-rvatlons of the counsel, that be
si ould alio'** to them before na wan' Into the nlrcam
atane'* of tha case He referred more part icala-l ? to
the one alluded to by the counsel of the prisoner that
he (tbe Judge) was opposed to the infliction of capital
punishment, though the n>un*?l Is light la that In- |
stance jet tha Judge had no such eonacientloii*
s rnples as wet* Insuperable in the p?rformsn;s of his
dnty He was equally free to sat that this toavi -tioa
had been awakened in bit mind, from the fact mat
Juries ecnld not be Induced, eteept In vevy eitreme
raees to render a verdict ct suilty. and ha there
fore thought that It was far better that ths punish- <
ment ef death should he abolished by tbe law than by
tbe Jury In the Jury boi Here Is an aecnaa'.lon
against the prison* r and the jury had uothioi; to do
with the r?a?e.|u?U"e? they were sworn to decide this
! case acrrrdiag to the evidence, and they cannot,
without violating their oaths, depart from their duty.
1 It Is thie departure trom duty it l? thia difficulty of
procuring verdicts from jurors that has wrought In his
(the judge a) mind, the necessity of tha abolltloaof ca
pital punlahment by tbe Inw. rather than that it should
he so badly administered as to lose Its terrors and
lose Its tffeet. This he had deemed It necessary to
say from what had fallen from the coanssl for tbe prl- ,
sonev, The Judge then alluded to the horrible de
pravity whtoh tbl* eaae had broaght to the view
of the eourt? pn fllgney, precocity, whoredom
1 drunksanese. thaft. homield?. and Immerality of
every kind and form hare accompanied this yonag
?ran into this rwom end his women and companlona
have given usthe most disgusting history of a moat de
pravsd life; and tbe Jury must nave been shocked, as
I the eourt has been, hy the details their aenaes meet
have readied at the eihlbltloa of degradation la
' which tboee parties silsted. But while their feeliags
1 of boner would he aatumlly aroused at sticb a state of
1 thiags be deemed It his duty to guard against that
feeling himself and to cautlea the jury against It f<tr
they ere aot called upon to rev* age- ? Hevenge Is His,
I sad He will repay " They were eel led oa to deal jus
I ttce and aat to Indulge lu leveage. While he warned
them not to Indulge in any Improper looting. It Is right
that be should call upon them to be stem and rigid la
eaferolng tbe law. All the circuoiataaees of the caee
call upon them to administer the law flrmly While,
en one hnnd. they were aot to Indulge In any feeling
agalnet the unhappy man they were bound to set aa
et ample to deter others from violating tba law and
shedding human blood There ke one other tople
whleh baa been urged hy the prisoner's noun*el and
?bat ia, that hy their verdiet they might glee a aerloas
blew to tbe punishment of death ; bat what had
the Jar* to do with that' They were slttlag
there ae Jurara and not as legislature, aad while per
sou* who are otherwise strongly opposed la the In
fliction of tbe punishment of death ?et In judgment na
capital cases he hoped It will he always feaad that
they are ststo aad cense tenth ae la the performaaoe
of their *ei* ma duties. Tbe killing In thi* caee has
been well established There ate then two questions
tor the consideration of tbe Jury sat Is by whom was
that killing * If hy tba prisoner w'th whatlntent was
It draa * The oouaael for the defense have raised tbe
deaht that the prises* r was net the man (The Judge
hete referred to the evidence of Mr Hunt and Pour
flag* red Dutch ] If it waa aot 'be prisoner who
Infllr ted tbe hlow that motning. where was be?
Wbsre are hla witnesses to prove that he waa any
where alar ' Tbe evidence of Hunt aud ' Four fingered
Duteb" is tba mala s vldsace gotag to estahlleb that
ths bkiw was glvsn hy ths prisoner; I hen the killing
helnp established, of eonrae the prleoner Is reep'ueihle
for tne h< miel<ie. aad what was ths quality of tbe aat
?as tot tfcejary t? ooasldtr. (.TM J idf? bdta re#?rt?4
to the denlelon in the case of Austin. ?? cited by Mr
i Clark ) tndnrtbis taw. the question i*, ra there no
, iatentioa to kill ' The couoeri make a very great
; mistake when they say that to establish the crime ot
murder there n>o~t be dellberation?a premeditation;
bat it ii no mattei wbsther the prisoner intended to
kill b-fore hand, or on th? instant that be raised the
w.ight; it la enough If on the very Instant be formed the
design to kill Looking at the testimony they And pre
vlous threat*, and hi* disposition to quarrel, and they
would in<i uire whether-, hi* mind waa not in that atate to
welcome death? to welcome the laat penalty ot the
law (The Judge here reviewed other portioaa at the
testimony ] It Is not neoessary that the prisoner
did not intend to kill when he entered the atore, it la
enough, If he formed the intention on the spot . The
question ia what was the intention^ If a sen take a
up a pistol and uaea It to strike, they might wall iafer
that he did net Intend to kill; but It It Is loaded, and
he Area It off at a parson, they must later that he In
tended to taka Iff* So with this weight: If it was
thrown at the nan's legs, they might Inter he did not
Intend to take life; bat when It was aimed at the
bead, what were thay to Infer, but that be Intended it
to be tatal ? There ia no eontrition e?pres?ed, no
compunction, no sorrow, no regret, no expression to
show that what previously occurred was not intended.
It the jury were satisfied that thera waa inten
tion to kill when tba blow was given, it is aur
dar; and it is Impossible to oonvertit Into anything
else. Intoxication, Instead of baing an extenua
tion of crime. Is an aggravation, from the very rea
son that a nan places himself In the position
which renders him liable to ceanmit an ontrage.
there is a view in which It may extenuate. It may be
that a man Is so drunk as not to be oapabls of farming
any Intention ta commit a murder. Is that so In this
case' Tba prisoner waa sober enough to go from on*
store to another, and, In one instance, to eheat them
out of the pay. far drink; If he was sober enough to
do all these tclngs, the jury may well aak themselves
the question, if he was not sober enough to do that
with which he Is charged? If they were satlsBad that
the prisoner was too drunk to form an intention to
commit tha crime, then they may acquit him [Hers
the court defined the lawj. Murder lsbomiolde with
an Intention to kill. Manslaughter Is homicide with
out an intention to kill It is upon the jury the re
sporstblltty of the verdiot rest*. Taking thslaw as It was
laid down by the oourt. they were to deoida upon the
facts. Be had felt It his duty on this occasion, rcluo
tantas be was at all times to intliet pain, to stato these
views beoause he felt that he owed a duty to the psaoe
and order of society, and that an t i ample was neces
sary for the publie protection.
The jury retired at a little after six o'clock, and . at
the hour ot going to press, had not agroed.
Til* t'HAKOEN AGAINST THI DRl'RYS? THE TORPKBO
CASK.
On the retirement of the jury In the foregoing rase,
tba District Attorney said that, ia tbs matter of
Samuel Drury, jun., indloted with Samuel Drury the
elder, for an attempt to kill, commonly known as the
torpedo case, be was set is A* <1 that It would be a waste
of publio time to place blm on trial. The elder Drury
had boen tried twloe for th<- offence. On the first o?
eaalon tba jury did not agree; and on the second
trial, he was acquitted. The evidence against the
son is far lacs than that against the father, and one ot
the witnessee has iett the oouatry; the ether is " gone
to that bourne whence no traveller returns '' The
District Attorney therefore entered a nolle proitqui In
the case.
The District Attorney also entsred a noUr pran/vi
In the case against Samuel Drury the elder, oharged
with the possession ot forged notes He had come to
the oonclusion that, it any offence had been com
mitted, It was in the eountj of K ings and. as there is
an Indictment pending against blm thers for the
same chargo. the time of this court ought not to be
taken up with it.
United States District Caart.
DECISIONS
By th? Hob. Judge Betts.
Much 11.- Decisions in writing were rendered in the
following omm:
hfkrrt J. I'imrUtroter ri Jacti H Wnttrrtll ? Ths
likeliest sued for damages to hit steam tag Margaret
KemMe. occasioned by collision with the deponent s
?loop Novelty, la the Ka?t river
Th? (loop wu at unhor off Jtotioi ferry on the
Brooklyn side and m the tug wu passing up inslds
ol her she wm in the act of being got unde r way, and
either the anobor had been ju*t started or aba sheered
upon bar oabla and ran into tha tug. doing the
damages complained of
lleid-That both veeeals ware In fault: that it wm
lb* Jut; o( the Moop to have bad at bar brim a cm
prtect man to prevent tha sheer, tf the anchor had
not been movml. and if that wu tripped to have kept
bar by h?r sail* mid rudder ort lb* tug ) ?ld aUo
that the tog was In fault In attempting to go inrtde
the aloop, by tha aet of April 12, 1848. ah* was bound
to keep In tb* middle of th* river, and tbla Court *n
torree tha observance ol the tltate law !u navigating
State waters
Ordered Aneiual apportionment of tbe lose between
the UboUaat and reapoudent, and eaoh party to btar
hi* own e?*ts
$<nitvrl T. TxtiaU tntl ttktritl. Tkt Steatn/ma ! Hrrf ?
Th* schooner owned by the libellants and tha iiraa
bc.st fltro cstne In collision in tbv night tlms in tn*
Bound. There was grant contradiction In the pleadinjs
and proofs as to tb* I acts attending lha ocoiiireuoe.
Held t>j the Court tbat tha fault ley with tha steamer.
It was bar duty, under the circumstaaoes, te hare
taken reasonable ???auras lo keep clear of the sckson
?r, and If the schooner rammlttrd a fatss movement in
INHlMM |j the MHMM still th.1 steamer *>? to
blame la pressing so cluse upon her, and must baar the
NMSMMI, even if the wrung m"v> ment of the
srhoanar at lha inatant before striking lad to the ool
llslon Ordered a decree lor damages and costs
Dmi id Af Lit e i>.tA t Scluw -r J.Wndrrson. ?
The Moop Plantar, owned by tha liba'.laut. and tha
schooner came In eclliaion in the day tin* on the
North river, oppoaite V oaken. Th* vessels rf ere beat
ing up lfce river, and mat on oppoaite tacks the
schooner having tha starboard or prirtliged tack
Held tbat tba rules ot maritime law apply to and
gotern the navigation ot vessels on the North river,
and cannot be controlled or varle t by local usagss or
customs. Held, tbat tha sloop ww to tha windward of
tbe schooner, and nauffluient dlntsnoe above her to
have passed aafaly. and was not therefore bound to
give way, and tbat tha schooner was bound to bold
bar own course. or It rha altered It, to give way, where
as by luffing, end running up Into th? wind, she had
caused tba colilrlon. Order- d that a decree be entered
ngatnat the aihenuer for daman** end costs
linigt Marshall vt. (.Vie>/fj II AI?? ?AeW ? Tbs lloop
?Jttlu- oaned by tb* libelant. ?a? moored at tha and
of Pl?r No. 10. Ka?t river Tha staara tug Oolialk,
wilh tha tug liuncan 0 Pall had in tow tha hu.l of tb*
?tesmahip A'ctic pausing with h-r Irom Kutg*r? ?tr**t
to the Novelty Work* The pilot oa board the Arctic
bad ronjiuand nl both tags and wban approaching tba
aloop ha ballad her to move out ot their way. and aent
bar an order U> tbat effect, apprehending that th*re
was net breadth tl chtnutl sufficient to allow tb*m to
pa*e The ?Uop n<>t being moved eh* was struck and
Injured by th* Oolinh In p a/sir g llaid. that tka ito
llib not enempt from re?pi.i eib'ilty lor the la.ury
by being under the crdare ot the pile t ol theArc'Ic.
llaid also that the pilot bad no authority to order the
flii p away fr?tn har mooting' and tbat the Oollah
under bis charge muat b<-ar It* eaaaequence uf bn
running her wtengfully through the pve-age and in
junng atotfc. r veeeel I'eoree tor damages end coats
Jnhi fan f'U ? ? ih> Slum H'iai ><ag? n ? Tbesiaatn
boat ('laopai ra owc?d by tha linallant, aul tka Nia
gara. earn* in o< liieton la th* Kast river. n*ar Coriaaa'
llcck oa tke New York aide ol the rlv*r TkeNia
gera was going up eloee In ehore ?td the Cl?)| atra
* a* coming doan and aadeavoiiog to hold her eourae
inrld* of the Niagaia Th? ro.lielon >ae prevtoaa te
tb* State act of April 13 !?<*, raquirmg eteam v?sa*ls
to kaap in the middle of tb* Kaat Rivar ll*ld. that
by tha maritime law and b J tb* Revised Statu>a of
tbe State whiah this Court enforces in reepeet to wa
ters within the State steam boats meeting on opposite
coure** eo as to be In dancr of cotllaloa. are eanh
bound to keep aaay to tbe ruhl, and pass eaoh ath*r
oa tbe starboard "Id* Hald. that tber* la na valid
uaige c r euatom of ravlgatleg tbe Kaat river, which
varle* the rule of law ordered a decree for damagne
and <?< ?ta ia lavur ot th? llbellaat.
JnSn II mn4 efAava, n?. T^it. //<saivf. ?
H'tU rie C IKwiphnt -rn<t oihi i, ra. Jnhn H aat <!??/
ittAoa ? Thee* are eroa* aetlena growing out of th*
collision of the erhooiiere Amelia sod Hanover, etf
Hogg Island, on tb* i-oaat of Virginia. tw*aty mil?a
tr< m t'apa llenry in th* alght tim*. and la a d*nea
fog Tber* was a total loss ot t he a mella and b*r car
go. sad tbe llhailaata au* tor th* valu*oftk* v**eel and
tr eight as owaara thereof and aa baileee tor tbe owa
ers ot tbe oarg?> ?be wee * ming ni rth oa a voyage
to New Totk. with a lull eergo of grala he , Ivlng V>w
la the water, the wind N . W.. of N. W. by W cloae
hauled upon the wind, eteering N N K and ruaniog
about ait knota tb* hour Th* llaaover was goiog to
Ilampten Saada aad Kuhm' nl, lying high oat til
water. In ballast sal with passengers aad
was ate- ring S S W . the wlad abeam, or
free She had a globe lamp euapeaded Is the
miss*a ahrouds. ten or twelve feet from tbe deog
or placed Bear tke companion way. aft. The Amelia
carried a? liaht Ttr Amah* ??? th<- light b*fora aba]
Dill* ??t th* Haiorrr aid put h*r bala? ban] tp but
tba ttiwIiruK tof*tb*r ala?*?t Inataatlf Tb* flan
i?? did net dfwrt tba Anvil* until bar howaprlt paaa
?d oaar bar aid* Ufa* atronk ttia Aa*lla. at*ia no.
? bout ial>1*hlpa Tha Amuli *ai ruania* about oil
knata tba boar and tha Hano?*r mt?h ami a half or
aljbt ktoti Karh ?mw| bad on* look out Matlonoil
forward Tba fog ram* on *add*nly after sight fall.
an4 It wa* prorad t tat fo?a la that r?aloa with ? Ilk*
wind vara iianaUy only of ?ha?t dnratlna Thin ha*aa
! to brrak any h*tora th* two ?*???!? war* a*par*i?d
attar tba mliutoa Tba aia*a of th* Ata*lla ??' at t h*
h?l?t. tad la tba oolllalaa h? *ai knork?d o?*rboard
and dro*a?d, A lan*aatuh<r ol r*aa?l? hat *all*d
fri a lliaa'oi Rnadf tktitt lb* ?aai* tl?* wltb th*
1 Ami II* fount north and It known to th* t?a?t*r*
?f both ? ****!?. that tbla a ?ra*t thoron*hf?ra for
roaatara tanning aorth aad aontb II aid that f*ia
Amelia wan wot >a ta ait for not rarrrinc a light ?u?
pended on hoard hnt tbat ah* dH not na* propar pro
bation ta aat haing aappkied with a light *o plaod
fotward that tba h>ob oat could rmblhit or wa?? It. oa I
d< aoijlrg a ??e*< I approaching llald. tbat balb Vad
.. wrr* gnUty of a'()l|*ri a Ml waat of p-op*r pro
rantl< n la a?t wlna fog horaa. brlla. of otb*r mean*
af notlM** M aaaada < th*r ??a*?l*af thalr ptal'lota
llali tbat hnih ???? I* hat f*M*d ??lng prapar Wi
laara In ti<+ hart** all land* on daafe 4urmf
tha lat*a?a faiknaa* aiding la kaatiln* *a'ik
aad |o?k oat H?ld lh?t ib" w?\g*t t.1 ??td*a-*
I* 'h?? ??* n>a*t?i M i aa U?a<?*r wa* at
#?d..ea, e? th* iwfc #?t l>?4 frivwji u U:
collision, to hav* avoided the Amelia, it notpravoatei
aeoiag her by the thick darknata Held that tk* mar
tar and craw el the A mtlla wer* j unified la abaade i
{aghwafter the oolllaloa Ordered that a referea.
b* had in the llret aotlon (in rem), to aao*rtatath?
.?????, . ?U,uu,d bv both part lea. bu'
'hat tha value afthe cargo U not to be iacludad I* tka
eatimata, unlets the ownera thereof hare made them
aa??aa nroperlv partie* to tha aotlon. aa at to be oea
eluded by lt? decision. and that thera b? an aiaal aa
portloDmect of tha lose between the llbollaato ail
rlalmante Ileld that bo foundation In lav or teot la
'"t^i#b?d ,or Hw oroia aotlon (.n ?v??n?m) >n<< that
the libel therain be dlsmlatod with ooate.
At J"'"' '* Tfnnmt RUfy ?The brlgaatlne Lady
5 ,*n<1 * u?hu*- towod by tha iteam tag
ThVf, ^ Abbott, came in collision in thia harbor.
in thVif. foooatlj eom# itom la| M(J Ulk#n4
adleMd .a ' w*,Un? ,or * berth By tha libsl It ia
Ifimtxd .wMJ lbout betwaan Governor*
?h. Yorkahoro The answer aa aerie
u"K tow""1 t h^f' .a " V?JLk ,1Je' "lth her bow.
W ,,d t^, ,hh t?0r*' The wind wa? otroag M
middle of the K a.trtTerltth\k.0
towing cable about flfteooVathom. out " WhT^aama
? w &
|TSb.'S3.riu.bstv^uns!iu?,,s;.,3
doing damage Tha detance 1. tlat It wi owTagU
i- ' It ?'? ???ogement of the tow, in not obey
lag tha direction* of the tug. and following her trank
I oe bound to do. Held that the tog. la the'ataJ. oUli
wind and tldo. ond bar feeble power, attempted to
crosa tha bow* of tha brig too aaar her; It waa the
duty of the tag to hove kept the middle of the itnu
and gone outeldtfoi the brig, or, if shs cama ladde, to
hare gone so far from her aa aot to parmlt the drift of
wind and tide to carry the tow agalaot her Hald, oa
tha proofb, that the tow had boon properly otoerodaad
managed and thafc^ waa oat of her power, la the po
sition the waa plaaad by the tug, to avoid tha oolU
alon Ordered a decree for the liboUaat for daum
and coiti. and a rofiriioi to compute dinicvi
Jiot.m T.mphfis . .. thr SUamS ont Dutch,,, and VlHtr.
or Sunnmtnto ?The s'aamor plied aa a freight and aao
fenger boat cn the Hudson river, between Now York
and Poekifcili The libellaat it a merchant at the Mt
ter place, and placed on tha boat a parrel of merohaa
ai.,"i 5? transported from New York to PookaklU.
Bhe left Now York at i P.M., and oa tba pa*aaga en
countered a severe atonn of wind and aftorJriviM
a^alnrtlt amlle or mora, into Tappaa bay, oa tha w?at
aide of the rirer, ttUmpM to orooo ovir to the eut
?*a shore to mako a harbor. Tho rlvar woo varv
rough, the bollera leaked ao at to tubdao aad aearir
extinguish tho Are, aad tha boat labored laoffootaaMr
in the trough ot tha aoa, tUl bar maohlaory got oat of
?? ..*? . WM obliged toanohor. The itorm caa
tlnuod during that night, and tke tuccaodlag day aa4
night, tho boat romaiaiag at anchor natll aha tank oa
the oooond night, aad tho good, of tha liboUaat wara
lost thereby. Evidence wat tlvan by tba llhMlaat
trading to .bow that tba boat wao inaiaolanUn.E!
ued aad equipped, and ibat opening, left la bar ilh
for tha dlaoharga of aahea and for watar ainoo.
occasioned hat fllUag and linking Tho wind!
thengh of unamal ae verity and duratioa, waa
not ao violent at to pravaat steamboat* navi
gating up ?ad down tho rlvor daring tho time, al
though it earn freight boats generally m vie kir
bor without venturing Into tha baya. Htld, that
tha boat waa a oomaoa carrier aad ouhieot to tho
common law reapoaalblllty of a oommon oarrior. tho
goods aot having been received uadar a bill ofladiac.
or contraot limiting that liability. Hald alao, that aa
oommon oarrler ahe it released from liability oaly by
inevitable acoideat, termed In law '? tha aot of 8oC"
and that tha legal acceptation of -an act of God," la
thii relation, la aa oooaireaea ot auddea and avtt
powering vlolonoe. which coull not bo imirded
avoided by humaa preoautloa or faroo.
Hold, that a atcrm of wlad at aoa or oa aavtgaMo
watera. ao severe aa to reader It dlfllaalt or baiardoi
far a ateamboat to navigate, and ia wblob tha oarwo
1 or the voioel 1a Injured or deatroyeg, la aot an aool.
dent ot that eharaoter wblob dUcbargao tho oarrior
from hla responalbllity, aad amounta to no mora thaa
a peril ol the a?a, or daager ol aavigatioa Held.
U 'team boat carrying freight, witboat a ooatoaot
limiting her liability, ia not exoaaed lor loiaoa ooea
plon^d by penlc ot tho or dtogeri of DiflcitlM,
wl?ii thoy do not a'ao oaount to tho aot of 0*4."
in its legal lento. Held also, that, upon tho nroofi la
^ c^?' tller,1WM want ot that preoaatioa, akin,
and diligence In the fitment or the boat aad bar
management during the atorm. which take away hag
protection, If her deatructlon had beea owing to tha
aot of God Ordered, a decree fer tha valne of tho
goods loot, with six per oeat iatereit, from tho time
tho boat sunk, and ooota to b? taxed.
Theatrical and Mualaal.
Br- IT Th, ATM -This .vening Mr K Kddy. tha
young and popular Amrrtonn tragedian, will appear
n the character ol "Cardinal Ki.-helleu " The other
? w''' be filled by all the talented member*
ot the etook company Miss Wrm tee will sustain the
cbaractar ol Julla deMortemar; aud Mitt 8 Draiajaa
>ranooi? ! a addition to this very attractive pleoo,
Bhakspi-are i beautiful "Oomrdy of Krrors' will alM
be presented with an txoallrnt cast No donbt a larro
w'Ii.vl#,t th# B"*ery, this evening to aee
Mr Kddy la the groa teharaoter of Kiohelieu.
To'n',U -The great Irish comediaa and
? ocatl lit. Mr. Collmt, app**?re this **renin g. ia the
aVd'a^lI irf*0Wi<r0 11!"' K'nt ' " Mor*?" Rattler,
and will sing 'Drink l>eep my Boyj,'1 ' What N|wht
eo Long KOd his inimiUble song of Widow Ma
?hr*# ? I'* wUl next appear in the Happy Maa " ao
Paddy Murphy, and will slag the B?ld ftofgier Bar ?
ond tho Birth of Bt. Patrick.' CoUlas haa bow^L
entire field to hlmeelf as he is now without a rival la
delineations of Irian charmrtrro He Is every Bight ro
oeived with enthoaiaotic rhreriag The performaaooa
ccacludo with the b> autllul comedy of "All That Otlt
t?*re Is not Uold " Th!? piece should b>- seea by everr
r*t y lBstructivo, and hat a fine moral tea
deary
-SiLVV amusements which are givoa
at thtM fasbionable reeort, are such an will romaaa4
large aaaemblagee every evening The flret feature la
the programme iaaFreach vaudavlllo entitled "La
Plole de Ca^lioetro " with M ile relic* who U a iplea
2.nAm?"a^d MPrar aal-e Baron Butania 4e
Uurvllle Bhe ? ill be aeaieted by M . Braialaai aad M
H'can in the principal cba. acten Thtiwll! be loilewe?
by the beautiful ballet ot "illeello, ? which will la
triHluce tboaa charming Terp.ichoreaa actresaas. tho
ltoueeet hamllv They ar<- every alghi rewarded ter
cheering by tha most outhatiaotio
B n??'? THurnr \ most afraotive entovtala
mett Is Ofieral for this evening Hurt on In hit iaiml
fable character of Mi<awb?r, Itlake aa Uobriel Laotar
?*,, j0hnrt0B M L'rUh u*op. with Mrt But
tell. Mrs. Bkerrett and Mrs. Hughei. The entertain
menu will oommeno with the comedy of "A Short
B-gaandaMerry One" Mrt llolmau will sing oao
< f brr plaintive ballads and the orchestra will siev
several oiertures The whole will con-lade with Uo
fan i us cranio ot l^avld Copper ' el, : wl : S a pa werful
oast Need we eay that the perf^rman-o w.il giro oat
lafactioa. All kaow It will.
. a'.7'" *t.*' lh' ?*w national meio drama,
entitled Harry Huraham ? whioh It drawing largo
auoienrea every evening will com as 100 the perform
anees Thia piece has been spoken ol ia the highaot
trims of praise, as to the excelleat meaner la whleU
it ha a been plaeed on tha sta^e Thia will be fe*
lowed by the farra of ? Allow Me tn Apologise '? Dartac
the evening Miss Malvlaa will dance a new aatioaij
me.lly and all will terminate with the farse ot a " Uav
I la I am ??,U tho fiae actr*a Mit. Uathaway >a fieo
character*. '
llaot '*mam s Lvch m Notblagraaexaeed tbeeatha
, siarm wltb which the performances at this bsaatlfad
| aad popular place ol smueement go eff nightly Tho ?
company la oae of the>eryb*st. boing espeoially lao
| In tie l. male depenmeat consisting of Mro Veraoa
i Mro Blaka. Mrs Brougham Miss Mary Taylor. Mfcm
hate Horn Miae .lalia ilcald. Mills Duoy Barvo, aot
fc mention the rrowds of lesser laminarloa Tha otsra
?! Jh* *mba*adrees ? was gloriously raalered last
night together with the aew aad greatly suneaoMol
V."!." , f ' To >l*ht ^ ???olloat cam*
di>tta rl I adlee Braaro.' with the aew burleeaae
growing more racy every nlgbt end that astoatahlM
bit sf acting, ? My Friend Jack," auffloieat te fill th
I bouse to it* ufmo't capacity
( Mnsyv s Minsrast.<. ? The aoinsemonte given alght
1] I . at thit old and popular eeUbllshment ore ae otaal.
of a very attractive character staging daaring aad
Inetrnmental performance*, with boautiful burtoaoaa
Opera Irenes.
Pillow's Mi?sis?i s ? The same delightful aagva
i m? loii lee, laftrumental performances and daaedag.
with Oo| os oa the violin byDonalker. aad Tyralaaa
eoi g? by L'hrtstao A great bill to aight, cnilotiag
of every feafur* of a*gm dellaeatioas
"is Yoes Ciii ? s.? The surprising foaU Of Juno h
Co s ts'n's<1 r>esr. ot the A m ph II beat re an of a
m<st pi>asiog and effectlv* naturo. and ofered tho
u'most sallifactiea fo tb* large aad respectable aadi
*n..? ?h? arc oijttitl? attraotaa to uta
1 Tbla ???nloj ? bill of fr??t attiaotlra powar l? pra
m ntad, Inrliidlaf two avparb mU of harMaaaahlp by
Mad'Ua Tnurolalra, aad a (fat rarlaty of n^oNtrlM
aad tvainaatlr *crrcl*M ia wbieh tha aatkra oaapaay
? ill appear
H.hn ' hM' oi-v CnnHj hrni Irtat. ?i4
tba moral I* ilraaa arc lb* ordar of tfca
da? ?t tbla ?la*aat plara of laally ?nt?rt*la??at
Vi.i?l?in.' " in "till ?? attraotlva aa >?w Laat
Mb? th? aalooa ?u ttllad ta tta utaiaat oapaaltf, aa4
tbla anparb. Moral pl??a vaa tyaautllall* p?rforaia4
Mva rhapmaa aa Ma<t?lalna ia oarUlafy won4**fM
Ch? la a i?n aotraaa aad la tbla Bart abiaaa
fftouonal* Mr Clatka aa n*rtraad l( aatoalahlaaV
natural Ha la a rarafnl aa wall aa a atrlklag a-to*.
aa<1 ?? Bra (lad la a#? la about ta ba boaor.d with a
r< Dietary b?B.?t, Tha aft.raooa parformanaaa
ata ?ip?n??t
Pt*oa?Mt ?? latLoa Tbia baaatlfal patn'iaa ia
attracting of faahlnaabla audlaaoa* at tba
Hlaarva Rnona
P**?b*ma fti tut Fnnmi'i r?i(v mm -Crnrti
a??anibla at Waablo|t?a !l?'.l t? tbla tra?r
taatrtirtlra patatlBR
Ma l.iwr tha ?*ra11???t %'tar, ?U1 ha?a a baaait
'? Saturday araalbg aaat. Ha d??rrraa la bara a
batuprr
hiaa 1>arapnort la pla}in? ht "ba TbMant atraa*
?fc--alra rbilaialft^ a
tun T|.?a?*? la a* M?Nl?
fcaoaiaa Aa? BlaiiOp l? *4 W1? M ????
*??4, f|.

xml | txt