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I ^oppressed Portion* of Mr. WtbiUrt Speech, in tike cose of tioodrtu ti. Day, at Trenton. TO THE PUBLIC. ThU id indeed an ago to be reinerabored. On Sa turday, May 1, many of the leading presses of Now York groaned under the accumulated woight of ?ome twelve to fifteen olosely printed column*, pur iiorting to be Daniel Webster's groat speech on tho ndia Rubber case, at Trenton. Now, whether or not that publication was Mr. Webster's speech, I projiose to inquire, and supply the answer Dy a few comparisons of this spurious with the real speech, as carefully roported by Pro fessor Leland, assisted by two oilier phonographic) reporters. In comparing the spurious with tho real speech of Mr. Webster, I find about two columns wholly suppressed ? the suppressed parts being t aken from different portions of tllo wholo. I also find many things printed as having been parts of Mr. Webster's spoeeh, which he did not utter, and probably never conceived. I also find, throughout tho whole speech, perhaps a hundred specimens of "pbonographioal errors, (similar to tnese appended below); in other words, what ap pearato me to bo wilful perversion of Mr. Webster s language, if not a bold attempt to mako that great ?na profound statesman and lawyer the author of statements and propositions which, upon a careful investigation of tho testimony, ho wisely and eon * scientiouidy refused to assume or utter in tho Court at Trenton, before learned judges. This spurious publication seeks throughout, and doos make Mr. Webster frequently say he thinks Charles Goodyear tho inventor of vuloanized rub ber, whereas, in truth, ho carefully avoidod saying "o from hcg'Ufling to end of his speech, as ho de livered it at Trenton, and so the truo report shows. I heard and watched every word of that great man's 'wpenioug, masterly and able argument upon his client's wicked and bad cause, and before lie com menced, I said to myself, now I shall test the vir tuo of that "God-like" man. I shall see if he will prostitute his great powers for money; and 1 waited and watched every word he s]>oke from beginning to the end, to sec if ho would pronounce Charles Goodyear the true and original author, and thereby do what his clients had paid him an enormous sum for, and agreed to pay much more, us 1 am informed, doubtless in tho expectation that ho would degrade his character to win for his employers a temporary triumph. But Daniol Webster did not thus prostitute him ' self; he did not express his own convictions that Goodyear, his nominal client, was tho original and true inventor of vulcanized rubber. Nowhoro in Ills real speech did he say before the oourt, in that court houso, that he himself believed Charles Good year tho truo and original inventor of Vuleanizod Rubber. Ho did all for his cause that he could do; he wont al round about it, travelled outside of the travolled record, and gathered material not in the case, to servo his clients in their hellish desires to rob mo of my rights, but he did not believe that Charles Goodyoar was the author, uorcan any other intelligent man who reads the testimony, only about three-fourths of which has yet been taken on tho part of tho defendant. A cartful comparison of a few of the roal word-for word expressions of Daniel Webster, hereafter pub lished beside the spurious production, may enlighten the reader; may give him an insight into the motives and objocts for employing Webster at all: and fail ing in their objects while in Trenton, then their truo motives now for publishing such an untrue and false papor as this pretended speech of Webster. Can any man at all acquainted with Webster's power in the use of the English language, fail to discern the spurious character of much of that pub lication 1 No; were Webster dead, bis ashes would rise in "repudiation" of such a hideous deformity of a "Webster's Kpecch." 1 was in hopes that tho combination were satisfied to leave this case for the decision of the court. What do they expect next to do ? What now outrage will thoy next attempt 1 What right have t her to change and make Mr. Webster's ftpeoch, to patch up a great man's great publio speech with admixtures of words, and ideas, aud sontimcnts of their own, and the suppressing of vital parts of liis argument, and then publish, without one word of comment or explanation, such a deformed, dis jointed, distorted and patched up thing, and pass it off for Daniel Webster's real speech ? I have em ployed counsel ? I have paid them a great deal of money for their manly efforts to defend my rights but such latitude in the employment of counsel is every way novel, and worthy such a wicked and foul conspiracy as has for years been waged against me. ? ??t.ra'ct , subjoined, of the suppressed parts of Mr. Webster s speech, has reference to the most material, most vital part? the real poht of law ana fact in the conspirators' claim. Why was it suppressed? why was a garbled report published? -Tan they answer? I will answer for them. It was too shallow to submit to the gaze of laymen and wholly dangerous to be seen by a lawyef who understood the pleadings and testimony; yet it was the best pretonce which the greatest man in the na tion could make for their ridiculous and false claim n, "^"dulently re-issued patent. There are othor portions of the speech which have been carefully suppressed. A few more of the manv suppressed parts are also subjoined. Nobody will suppose for a moment this suppression was acciden * if " ~,MC suppressed portions are numerous and ten a tale. Tho real, bona Jide spcechos will be published as soon as they can bo written out in full ?kw 1 om. May 3, 1852. Horace H. Day. . A he following was wholly suppressed Now, it is contended that rubber and sulphur cannot be vulcanized in a dry or atmospheric heat. Well, suppose it cannot ; what then? that is not the question The question is, whether they can be vulcanized by artificial heat. That is what we claim;? heat. What this patent claims is, the vul canization of rubber aud sulphur by artificial heat, iiowever produced. Whiie the means of producing heat are common to all mankind, in all ages of the world, in all con ditions of society, especially in cold climates, there jnust be artificial heat, and the means of producing sn rrwf uUt> u? mattcr? result is the same. Heat is heat, however produced, or bv what soever agent, or whether produced by steam, there fore or by ?oal, or by faggots-it is the same thing, why did not our learned friend argue that he "f ' i U8? ,eleot7city.? . l8,tht>re in the world an agent of heat like electricity! Friction, too. pruduces artificial heat. I remem ber, thut in a poem published not a great many vcars ago, describing the progress of man from the savage to the civilized state, it is written ? To coot liis victuals is man s first desire. .So two dry sticks he rubs and lights the fire ! Ho^ friction is one mode of producing heat, electri city is anothor. '1 lie method of communicating heat is not patentable. One method is described, and that description entitles the patentee to it; but all analogous methods are known as public property iijnon^ which is steam. He dooe not confine his an plication of heat to heat produced by anv particular c?ent or thing. I agree that if one should now in Aent some new_ method of generating heat, not known at the time of Goodjear's invention, and which had never been known, aud lie should now lake out a patent for that new mode of producing beat, the consequences would bo, that Goodyear could not use that new method of making heat to c ure India rubber, any more than he could use it to warm himself, or to ini|iel a steamboat; but it would be absurd to sav that theinvontion of the new mode < f producing heat would vulcanize rubber, or to taKe a patent steam engine and use it, or use a patent stove. What I mean to say is, that it would be absurd to jay that the inventor of any form or fashion of new beat, or method of producing heat, could on that ac count \ uleanize rubber, or take a patent for a steam 1 engine, and use that patent in a steam engine, or a ! patent *tove, and use that patent stove, because to thoono or to the other we had the means of apply- j ing heat generated by some newly discovered agent. | Uliosc who owned the patent steamboat or the pa- i Xont stove, would not be entitled to use his newly invented form or fashion, or production of heat. I That is his own, but then because by applying a new form of heat to a patent engine or stove, or a patented process for vulcanizing rubber, go on and destroy all those existing patent rights by produc ing the heat to carry them into operation and to keep theni at work, which form of heat whs not known in hon that patent was granted. Steam is not patentable to euro rubber; on the contrary, the jiTOof is that Goodyear used steam in 1KI<); that ho rut his fabric into a pipe or cask, and also into the boiler of an engine, and vulcanized it. These are mutters which arc to be considered; but the great principle is, the Patent claims the vulca nization ot rubber by tho application of a high de gree ol artificial beat. And now, may it please your honors, leaving for the present tho re-issued patent, 1 shall state, in a i cry few terms, tho object* of this bill, as wo under stand that object to bo. This bill is filed for the purpose of enjoining the defendant from the violation of the patent therein set out; and a reference made in the bill to the ."igreements between the parties is for the purpose of raising against the defendant an estoppel in point .?of law, on a4 least evidence of the highest order and degree, in favor of the validity of these patents. That is his own acknowledgment, under his own hand and seal. The bill prays no account of the work done under (he license. It nowhere alleges that anything due the plaintiff under the covenant in regard to the license remains unpaid. It calls for no account of work under the license. Its single object is to obtain a perpetual injunction against the defendant, under a covenant to restrain him from violating the patents or infringing them by using the inventions patented (that is, the patent of Feb ruary, IK?, and Juno, 18-11, and the re-issuod patent of t no 25th December. IHf!() for the production of articles not within his license. Wo seek to enjoin him by tbe strong arm of the law, and tho judgment If this Court, from using these patonts, or any of thum, for tho production of any artiole of trado or manufacture, except thoao which, by hii agreement with Geodyear, he wm at liberty to me. Thu i? stated to be the object of this bill. Then comes au important question, may itpleaae your honors, as to partiei. We have considered this matter, and 1 have here to acknowledge my very great obligation to an experienced member of the profession, as well as a personal friend of mine of very long standing, fur his assistance and advico ujion this subject. Of course I moan Mr Staples. What we have to say upon this subject is reduced in the shortest way we could to paper, and if your honors will allow me the indul genco of having it read by ono of my associates, I shall esteem it a fa vor and a relief to myBelf. Tho performance of a duet is sometimes more agreeable thau a long continuod solo. [Mr. Dickinson here read tho manuscript roferred to by Mr. Webster. ]* ? This production of Mr. Staples is left out of the pub lished speech. SrkCltlENR OK Ms. WKHSTKR'S SrKECII, AS SPOKEN, AND as iwed if* tiik. sri'Kioua corr ruBLisitto ?* thk Com bination. As spoken. At published. What ap]>earH upon the What un)>ears on the ro<*ird ol the Court of record of Massachusetts 1 Massachusetts'! Why, A judgment for (Soodyoar doubtless nothing ap- against Weaver & Knowl pears but that a jury was ton, Day's agents, for called, their names were $500 and the costs, en entered, and thev bring in tered by Day's consent, u verdict for j>500, and That is a part of the there it is. agreement. Again. Again. Mr. Cutting ? Can he Mr. Cutting ? He can, claim a title under a col- if you olaim under the lusive judgment 1 judgment. Mr. Webstor ? We claim Mr. Webstor ? Weclaim under a patent, &o. under our patent, &c. tVcbster s Exact IVords. False Report, as pub "Now, this tribunal lished by the Combina passed upon this patent, tion. and found it new and use- That tribunal passed ful. A patent was con- upon this invontion of soquently awarded, and Goodyoar's, and found it the discovery Mr. Good- new and useful. A pa year seeks to make use tent was consequently of as far as he can, and awarded, and the disco derive from it some re- vorer, Mr. Goodyear, de ward for his great labors rived from it some ro and suffering* during tho ward for his great labor period in which ho was and sufferings, during tho instituting that long se- periods of his trials and ries of experiments that experiments. were necessary to the per fection of the inven tion." Webster's Exact TVords FaUe Rejtort , as f>ub again. lished by the Combina " I rest satisfied that tion. on this, to mc apparent- I am satisfied that your ly conclusive evidence, honors will bo of tho jour honors will bo of the opinion that Goodyear's opinion tliut tho origi- right to this invention is nolity of this invention is proved. true." Let the reader follow down the column, as falsely reported by the combination, this apparently trifling alteration will appear in its (rue light. Nobody ever doubted the originality of this or any other in vention ; but Goodyear's " right to this invontion" is quite a different thing. H ibster's Exact IVords. False Report, as published "So that the only ques- by the Combination. tion comes tobetnis: is 8o that your honors seo '49 a truo description of it ull comes back to this: the original invention. If is that of 1849 a true de it be, there is an end of scription. If it be, there the inquiry." is an end to tho inquiry. Note ? The simple word " original" was tho groat poiut in this ease. A gain. Again. " I say the conviction I say a combination of is growing very much them leads courts not greater in this country, uselessly to solid patents tlmt it is better not uso- to law, to be tried by a lessly to send patent cases jury. What is there a to a trial at law by a jury, jury can say that is not Now. what is there hero proved in this easel tlmt a jury can try 1 What is there hero that is not specifically proved one way or another!" Again. , -^gatn. Again, in spooking of Now, in the first place, (lie ground of estoppol, aa to his being ostoppod Mr. Webster says : "Now, by his own conduct and in the first place, as to acts, independent of obh his being estopped by hi* gations under seal, Day s conduct and acts, these offers of reward to any advertitcments of reward body who would givo in to anybody who would formation by which m give information by which fringers of these patents infringers upon these pa- could bo brought to jus tents could be brought to tice, arc dated Jan. b, justice, ought to be mat- 1847, and arc on the ro ter of estoppel." cord. Again. . ?/^Sn"1- , "He is estopped by He is estopped by deed, ileed, his own covenants &c., (reads), and yet he under seal admitting the comes in and domes his validity of the patents; covenant. One cannot and now he is deriving enlarge upon this. It u from the license to work conclusive. under that covenant be nefit to the extent of thirty thousand dollars clear profit a year; and he comes in denying his covenant. Why, no man tan enlarge upon this. It is conclusive," &c. Mr. Webster's Words. False report, as published 41 Now, need I go fur- bi/ the Combination. ther than this general Now, I go further in statement taken from the the matter than this gc grcat mass of the evi- neral statement, taking dencc before your Honors, the great mass of evidence to prove that Goodyear before your Honors, and was the author of this examining it, to prove invention 1 Yes, 1 will that Mr. Goodyear is tho L'o further, and say in inventor. In tho first the first place the patent place, the patent which which he obtained is pi oof he obtained is proof ot of that fact. that fact. Now, sir, on the geno- Now, on tho general ral question it is conceded question. It is conceded on the other side that by tho other side that the the Court of Chancery in Court of Chancery, in England, or here, has England or here, has what Mr. Choate calls the what Mr. Choatc calls the gigantic power to grant gigantic power to grant on injuetion without any an injunction without a aid from a jury or court jury or any aid from a J court of law. Ho oon Mr. Choate admit? tho tends, however, that tho power, but he insists that practice has become set when the injunction is tied in England, so as to applied for at the hearing, be almost a doctrine, that the practice has become until after the verdict ot settled in England, so as a jury a perpetual mjunc to amount, almost to a tion will not bo granted, doctrine or rule of law, Now, we say there is no that unless the plaintiff such doctrine settled as establishes or has estab- an invariable rule, or lislied his title nt law, even practice, in England the injunction is refused, or here. [Keads ] Now, "we say. there has Perhaps, as has beeu been no such doctrine suggested, &.?. settled as an invariable rule, or even a practicable one, in England, or here. Whether tho Court will or not oblige the potenteo to establish his title at law before issuing an in junction. is a question de termined by the exercise of the discretion, tho sound judicial discretion, of the Court. Here arc the cases. 1 shall not trouble your Honors to take notes of them. Now, the practice in Englandof sending potent eases to a jury when tho validity of a patent is put in issue, seems to have been a mere rule of con venience. Perhaps, os has boen suggested," &c. Here again: Here again : ?? Is there either of the Is thero in this judna mcnibers of this judiea- ture a member w io leels ture who feels a reason- a reasonable contcien able conscientious doubt tious doubt on any vital that a trial of a month question of fac in tins before a jury would re- cause 1 It is proper to move 1 It is proper to state in m that >v ay, bo state it in that way, be- cause 1 say it is i question cause I say it is a qucs- of discretion. tion of discretion." ANOTHER SrrFRESS*t> PORTION. ?< That whenever a patent shall be inoperative or invalid bv reason of a defective or insufficient des cription or specification, if the error arose Iron in- | advertence. accident, or mistake, without any fraudulent intention, the inventor may surrender it, | and be entitled to a re-issue ot a new patent f>r the "a me invention for which the original patent was granted, in accordance with the patentees minute description and sa l ification, 1 will now proved to state very shortly." &c. , The above is just what we contend is the law, and just what the combination pretensions cannot tor a moment stand by under their fraudulent rc-Msne. Why suppress it from its proper connection and qualifying attitude in Webster's speech ? During tho occnrrenee of the following, near the close ol Mr. Webster's speech, the reporters wero ?\ery busy, but 'tis probable that the "noise and confusion ' made it unwise to retain this portion of Mr. Webster's speech, and hence it was suppressed. It is only produced to show that it occurred ? while it is not doubted but the reader will think it quite as interesting as much that has been printed, whioja never did occur on tho trial. Mr. Weustku? "He is ^stopped by mi\i(Ct of record. W fcy , there ia the judgment against him ia Boston; I hare already alludod to that. Tho judg ment hero is just as conclusive, for the judgment hero renderod for him on one issue, was rendered for Goodyear upon another. He pleaded ntmt.it actum, and under tnat plea, he had a right to give evidence of fraud. Is not that soT' Mr. Cutting ? "I simply dissented from the idea that under nan r.it factum you oould have gono into evidouoe as to the validity of the patents, an i in con sideration of rum eat factum, all that you oould have undertaken to have gono into, would bo this: was that tho deed of the jiarty! ? did hu execute it, and by any possibility show that theoxneution was procwed by fraud? That would bo tho limit, in my view." Jupoh (!ni Kit ? "As to estoupel, Mr. Webster. Is it sufficiently set up in tho biflV' "It is something like shooting with both ores open, and hitting tno mark on both sides, either having tho bill going not only upon tho agreoment, but ujwn tho patent ? whether he would not have a right to put you upon issue tis to the validity of tho patent. That is the argument they put against you." Mr. Wkhhter ? Thon what was tho covenant con sidered as having settled 1 Here was a bond. It was given uj>on tho supposition tint Goodyoar had some legally existing, fairly obtained, beneficial patents, not fraudulent patents, nor fraudulently obtained. Well, on this patent, thero was the plea of rum est factum, and I do suppose, according to the praotice liere, if tho patent was fraudulent, Goodyear, who obtainod it by means of fraud, knew it, and therefore the bond might bo set aside upon tho plea pleaded of nun est Jurtum. If the fraud was admissiblo under that form of pleading, as I understand it to bo, that is tho viow 1 take of it, it may or may not be fraud. That is my opinion of the matter; and then, therefore, it is liko any other agreement. Why was the above wholly suppressed 1 Was it to keep from the public the remarks of Judge (trier 1 As soon as tho spooohos of Mr. Cutting and Mr. Choato cm) bo written out, and with propriety, thoy will be published, and given to tho public, who may judge whether the publication of tho combination, purporting to bo Mr. Webster's speech, is any an swer, or whether nearly all tho material points were avoided; while one of the suppressed portions, above ublished, will show how the main point was met y Mr. Webster; and thoroforo his whole argument upon that point was suppressed. The following is another important part suppressed from tho speech, and oarrics its own comment : ? "Now, as theso covenants wero entered into after tho first issue of 1844, and before tho ro-issuo of 1849, I do not mean to say cxaotlr, techniohally speaking, that tho covenants embrace tho after issued patent of 1819; but one word upon theso covenant s us wo go along. Very soon I shall havo the honor to submit to the court my remarks upon the wholo of those covenants, and they will bo very brief." The Health of tlie City. City Inspbgtok's Dhpabtkbnt, > Nkw Yohk. Mfty, 1852. \ To the Hmwrablf Board of Assistant Aldermen of the City of New York: ? Gentlemen : ? Tho City Inspector respectfully begs leave to submit the following, in answer to a resolution of jour honorable board, adopted April 19, 1852 ? the said resolution being as follows: ? "That the City Inspector report to this Board by what law or ordinanco the said appointment of J. S. Monell, at a salary of forty-one dollars sixty-six cents per month, for granting" aud recording burial Tierurits, is made. Also, whether tho said No. 379 Houston street is not his (the City Inspector's) drug store. Also, whether tho said Monell is not his partner or clerk in tho said drug store. And also, what number of permits for burial have been grwitcd during the year 1851." hi reply, the City Inspector would respectfully state that the said No. 37!) Houston street, is not his drug store. Tho said store was formerly owned by him, but has not bcon for somo time, and is not at present. That the said Monell is not his partner or clerk, and that tho said Mouell is not appointed by the City Inspector, the employment of tho said Monell not boing of an official character ; but that the said Monell is employed by tho City Inspector, and compensated for services rendered, by virtue wf tho power and authority vested in this department by ordinances of the Common Council, requiring the City InsjK'ctor to grant permits for tho removal of the remains of deceased persons from the city for burial, and further ordinances specifying tbo duties of the City Inspector "to asocrtain every nui^anco which may exist in the city, and to cause its re moval forthwith j" also, tho powor vested in the City Inspector by an act of the Legislature of the State of New York authorizing tho City inspector "to adopt such prompt measures to prevent tho spreading of any contagious, infectious, or pesti lential diseases, as might be requisite." The City Inspector deems the powers thusvestod in this department, in the discharge of its duties as the guardian of the health and lives of our citizons against the spread of contagious, infectious, or pes tilential diseases, fully to authorize the City Inspector to take uuch prompt measures as will best guard against or prevent the spread of such diseases, by the adoption of such measures as will facilitate and secure the speedy removal of tho remains of deceased persons, llelioving that this matter would not have required any action on the part of your honorable board, if the amount of labor | mrforwed , nature of the services, at all hours, and the accommodation given to our citizens and the protection uffordod to their health and lives, by the prompt removal of deceased persons, had bcon understood, and the absolute necessity appreciated, and that for the tri fling sum mentioned, a much larger amount is saved to the city. The City Inspector would beg leave to state a few reasons why the said Monell has been thus employed by the City Inspector in the exorcise of the power vested in this department. In the year IKK), an ordinance was passed by the Common Council, requiring tho City Inspector to grant permits for the removal of the body of any deceased person from the city for interment, when a proper certificate from the attending physician had been received. At that time, the population of the city was only 300,0(10, and the mortality for 1839 was 7, 311, and of this number but few were removed from the city for burial, compared with the present population of 517.1)1)0, and mortality exceeding 20,000. Since that time, new cemeteries or burial places have grently increased in the vicinity of the city, and the number of removals has increased every year. The burial ot the dead amid the busy haunts of the living being so repulsive, and the public health requiring that no more interments should be made in grounds being sacrilegiously broken up and built upon, caused by the rapid increase of our city, the Common Council, acting upon the suggestions of this department, prohibited .my interments being made south of Eighty-sixth street, unless in private grounds, from and alter the first day of May, 1851. Permits for removal have consequently been required to be granted and recorded, amounting in number to 20,000, from that time to the date of tho present report . It will thus be seen how rapidly this part of the business of this department has increased, without u corresponding increase of facilities for the dis charge of its duties. The manner in which the employment of tho said Monell became a necessity to this' department may bo thus stated : ? The office hours of the City Inspector arc fixed by ordinance "from 9 o'clock in the morning to 5 o'clock in tho afternoon, daily, except Sundays " During the prevalence of the cholera, the ac'tivo senices of all connected with this department ware constantly required to be exerted in the labors of the department, and the resid^co and place of business of the City Inspector were visited daily by a great number of persons for burial permits. Ap plications were made, and are made at the pre sent time, at all hours of the night, in pre paration to remove bodies by the early morn ing boats or railroad trains. On Sundays, tho services of two persons were required to perform this duty. Of course, the office hours of the City Inspector did not require that these ?>cr mits should bo granted at other hours, or any other place than the office of this Department, but the prevention of the spread of the epidemic did; and the City_ Inspector, in the disehargo of his duty, with a duo regard to the public convenience and good, authorized the granting of permits, at his place of business, at all times. And it may bo proper here to state, that for these services the City Inspector, or the persons in his employ, never asked for, or received any compensation fr*tn tho citv. J laving disposed of the business, and the public good and necessity continuing to demand the granting of permits at the above place, to accommo date the large and populous portion of the city above Grand street and east of the Bowery, more especially as about five thousand interments are annually made at VV illiamsburg and in its neigh borhood, and as, in very many instances, it is 'ut terly impossible, owing to the absence of physicians from home, or tho city, and other causes, to obtain the proper certificate until the fuderal train is ac tually under way to the place vf burial. Almost daily, during the past year, and at the i>re?cnt time, funeral trains stop at tho st?re No. S79 Houston street, for permits, when if they could not boob tamed, the funeral woulu have to be postponed, or remain over, subjecting the afllictcu families and friends to great unpleasant Bess and inconvenience; and it is possible, in ensos of contagious or infec tious diseases, frequently causing death. In the summer season this accommodation is in dispensable, aj your honorable Board will at once perceive. 1 lie prevalence of small pox, typhus and other fevers, having required that this facility should still oxvt, the City Inspector employed Dr. Monell to Vorform this labor, during all hours and on Sundays, as a measure condueivo to thopublio health. If tho business of this department had been con fined to office hours nt the office of the department, the aeyvu'es vf at len^ five <jlerks wouHl Uk required, and thua an additional expense to the city hare been incurred. As it la, additional force in required at thin oflico to discharge its present busi ness in a prompt manner. The increase of the city, in extent and population, giving riao to a larger number of complaint* of nuiaanoesdaugoroua to the public houlth, tho record ing of deaths (inoroasing with our population), tho granting and recording of hurial pom* its, and for remoTal from the city for re-interincnt of persona buried within the limits of tho city, adding largely to tho business, renders .such assistance requisite. The above rafcaona for this assistance are |>erma iient requirement*, but it is most urgontly required at this season of tho year. The number of |toruiits granted and recorded at tho store in Houston sh oot, during the year 1851, was nearly six thousand, aud will be, from tho ro t urns made to this office, nearly or quite (en thou sand during the present year. All of which ia re apectfully submitted. A. W. Wiiitk, City Inspector The Michigan Ritlliond Acclilcttt. [Krora the Nil^? (\\lleh ) Kepiihliciui, May 15 ] Moat unfortunately it becomes our duty to an nounce another accident upon the Central I tail road, which happened at this place, on Tuesday, about twelve o'clock, M., by which two persons were killed instantly, and two others died shortly aftor. A special train, loaded with emigrants, arrived about noon, and were left standing with tail of train about thirty feet above tho switch, both onds being upon each track, and the engine was uncoupled and taken down to the depot grounds for another car. While standing in this position a train of twenty-four cars, loaded with ties, came up at its usual speed, and plunged into them, dashing tho first car it struck into a hundred pieces, and bioak ing aud throwing the second high into tho air, land ing it on its side. One man, named (Suorett Wise, from Prussia, was instantly killed ? bis head boing entirely smashed olT, and one arm and leg. Mary Kiggius, killed. Was on her way to Milwaukio to meet be husband, accompanied by two sous, one I t, tho other 8, both of whom escaped with slight bruises. Martin Elizabeth Jaoabo, from Lut/.on burg, Germany, killed. Was on her way to Mil waukio; wo believe had with her a husband and ono or two small children, but slightly injured. Thomas Hamilton, Irishman, injured badly on leg and head ? not dangerous. His father lulled by a blow upon the bead. His mother, Eliza, badly injured oil leg, breast aud head. Sarah, his sister, cut in back of head, and otherwise badly injured ? considered dau gerous. Jane Hamilton, body bruised badly ? not ox poctod to recover. Thomas Osliorn, Irishman, wounded on head, arm, and side, severely, but not dangerously. Catharine Cilman, jvounded on bead and breast? not dangerous. Valentino C'aten bury, shoulder dislocated and bruised insido ? not dangerous; his daughter Maria, right arm badly bioken. Peter Denver, badly wounded on head, lift leg injured ? not dangerous; bis little boy, of five years, injured on head. Nicholas Stus, a man of soventy-li\ o years, foil on his head, a. id is ii'jured in his legs ? not dangerous. Nicho las Magyer, several outs and bruises on his bead, mid rigiit leg bruisud ? not dangerous. Frederick Krcger, right arm badly bruised, tnid wounded in tho legand shoulder, not dangerous; daughter Augusta. Inuised, iu the breast and both legs ami loot ? not seriously. Nicholas Decker, i n jnri d internally, on the back, one wound on head and otherwise scratched ? not dangerous. Wife, right leg broken below tho knee ? amputation pro bnbly necessary ; sister injured in feet, badly; iu fant slightly. Anna Maria Pluck, leg broken badly, tboulder mucli biuised. Two sous with her unin jured. Barbara Cromer, u young lady, leg badly broken, and badly bruised internally, probably fatally. William Keys, Irishman, slightly bruised; daughter, nine years old, scalded from her middle to her feet, arm scalded and out of joint, [diod Wednesday, about 12 o'clock.) Wife scalded on one arm. and the other out of joint ? not dangerous, l.itllcgirl, Agnes, bruised in buck ? not seriously. Infant badly scalded on back of head ? not danger ous. John Fluek, injured on his sido and other wise ? not serious. His brother, August, slightly injured on hip and head Susan Elizabet h Bracb, injured on both legs ? not seriously. Her son in jured oil leg and head ? not dangerous. Catlui rine, her daughter, scalded on left arm ? not vory serious. Her son Michael, badly cut on head and face, over left eye and on the cheek ? not dan gerous. Peter Hurt, bruised on buck, legs, and side ? not serious. Wife, Anna Maria, badly injured on her right sido aud right leg? not fa tally. Infant slightly injured. Philip Minich, shoulder blade broken, otherwise bruised, not dan gerous. His wife, thigh broken at the hi|i and her bead badly bruised ? considered dangerous: infant slightly injured; his brother, Peter, badly injured on bead and cut on neck, not dangerous, llenry Smith, slightly injured; wile uninjured; son badly burned on knee and thigh. Daughter, Louisa, badly injured on log, not dangerous; daughter Ter rissB, injured in about the same way. Nicholas Smith, one arm out of joint; his wife slightly in jured in shoulder; son bad bruise on head, not dan gerous. Thomas Slianlc, badly wounded on sido aud Icct. Not dangerous. Peter McGinaty, Irishman, njurcd on hip, not seriously; his wife on legs, feot, and hands, and otherwise liruiscd badly; littlo son badly cut on kead, not dangerous. Peter Jaeabe (wile killed, as above slated), uninjured; two sons. one probably fatal, the othor seriously injured. Na'rs Nicholas, bruised very bad on head and breast, considered dangerous. Hinglo man. Has ac quaintances in Wisconsin. John Craiuer, bruised, not dangerous; wrf'e bruised slightly, ami wouudod in the head bad, not dangerous; a son injured on the head and under the arin, not dangerous; child, arm badly cut. and otherwise bruised; daughter, agtjd 17, injured on iaeo and side, not considered dangerous. Another daughter, aged 21, bruised badly on the body and cut on the head ? not danger ous. Another child (boy) cut 011 the forehead and eye injured. The above list comprises all of the killed and wounded, which, with the aid ofau inter preter, we procured with much care. All, save a few mentioned, were (Jcrtnnns, mostly destined for Wisconsin. Some half dozen who were wounded went on in the train ? one woman supposed to be dangerous. Our physicians and surgeons were on the spot immediately after the accident, and showed themselves equal to the emergency, and all of the wounded wore attended to with great alacrity. Two agents of the company, Mr. Darius Clark ond Mr. Tielson, arrived in the four o'clock train, aad used every exertion to provide for the wounded. It. P. Marker threw open the Xiies Ex change to the wounded, which fortunately was va cant, but contained all its beds and bedding, into which the wounded were removed. They arc now iw most comfortable quaiters, and every possible care is taken of them, by the best physicians, sur geons and nurses. The ladies of our village are sonic of them in constant attendance day and night, us well as a srffieient numlier of gentlemen. The jury are investigating the matter, and will report ?OOD. Nnvnl Ii^elllgeiire. The t'nlti d States sloop-W-war Kale was panned on the Mli of February. off the coast of Africa, on a cruise to the Higlits and South coast. Thk I'sifokms. ? The Secretary of the Navy has (riven publicity to the following : ? " Officers of the Navy may wear the old uniform as ' service dress" until the ;iOth of June. 1 The old unifi mi must first lie altered, so far tit practicable, to correspond with the ? ltcgulations' for tlie dress of the Navy approved March Hlh, lsj'J " A Dheapiti. Accident ? Three Chu.imien Ri.own rr iiy Gi nvowiiek. ? A dreadful accident lately occurred in I'pper Selkirk township. Montgomery county, by which three children were killed, and another was severely wounded. It appears, says the Wtrrritlown Watrhmmi. that Mr. Sengrlst liad been to one of the neighboring powder mills with a load of empty kegs, where be purchased about four pounds of powder which lie took home with him. During the nb'ence of himself and wife, the children. l?y some means, got possession of the powder, and while playing with it near the stove.lt ignited, killing a boy. aged about nine year-, aim ? t in stantly. and injuring two others aged about four and si* years, so badly that they died shortly after; a small child lying in the cradle was also burnt so - v. rely that it w v not i xpected to recover. A neighbor ivimed Sorvcr. who was engaged in chopping wood close by, hearing the , x plo-ien and seeing the smoke, ran to lie 'pot when lie perceived two of the boys with th ir clothes entirely burned off with the exception of their suspenders and a fniall particle of clothing around their waists? one of them was running towards tbu ham and the other lying in a mud hole. I pen entering the house, he found llie other hoy lying dead upon the floor, and a little ebHi'j lvi' g in the cradle crying ? the clothes of which were c n fire The little thfrig was burned very severely, but ?t last account* was stillliving. though its sufferings w intense, and but. little prospect fos Its recovery. The two lieys survived their brother but a short time, an the three were buried ill the Hfldgo Valiey burying g >riunj on Sunday lest. This Is one of the most horrible :? tie- sing ac;ldcnts that has ever fallen to our lot I j record by one fell swoop, a whole family of latere.'1 dren is destroyed, and a fond father and n ,r,. ne ther left to mourn the untimely end of their little ones. The Cambridge Forcer iiki.i? f* ^ Twai. ? A man calling himself l>r. I>ny, ali't < NoNon Felt, field, left a cheek with the east 1|,.r ?f the Cam bridge Market Hank, on Wednesday j-, >r f l.Ooo. on the jihoc and Leather Dealers' Hank ,y?b|e to II cv>mn (i Co.. mid signed ''Joseph Wllltn ^ ' lie re<|lle?t fd to have it collected, and said would call the next day fyr the money. The i'a. fiicr promised to attend to it It was iulvcipiently ascert ^{T1^t| tint the check was a forgery Notwithstanding . Day" called at the resid' nee of the cashier, on Thursday evening and de manded the money. lie w M informed that if hewoi^d call the next day. during tjie ba?k hours, he ghould re. crive the money Acc <rdingly. yesterday morning he called at the bank ?' the cashier introduced hiiu t? one or two police-o' /leers. who conveyed tha doctor to this city, snpposi^p ^ him to be the same individual who recently forged c ^ecks on several of our banks, but tlud tng they were v mistaken, retunied with their priso-ic i Cambridge. be was taken before Justice KlWirl" for examlus^ion. and. by order of the Court, was con uiiMvl in default of ball in tlie sum of $1000. f<>r h ? p? axance Tor trial at the criminal term of the Court of e'emmou Head, la Middles^*,? C Ibth in >t. United State* Clrealt Court* Before lion. Judge ItetU M?v 17. ? Cult's Patent Pistol* ? Samuel Call >? |V?n/r 4- Jsavili.? A croK* bill wa* filed by tbeda&nlanU in tbii once, asking T'>r discovery aad relief The discovery wan directed to inquire when tho patent!* m <d? the iuven ti- >11. whether be bad over sustained It by a suit or other wire. and whether he performed the artH required by u<r iu order to entitle bim to extension of patent The relief prayed was. that the patent be declared void , that It Im> oh nu lled that the patentee be ei^joiued from prosecuting bin rights against the defendants. To this CRM* bill Mr Colt d< wurrod, on tho groun I that the defendants had no rixbt to disco* cry in law, and that the court could not give the relief prayed for The court sustained tho do luuriur of Mr Colt United Mtatea OUtrlrt Court. Before Hon Judge Jutison. Mat 18. ? The I fnited Stales ri. ?ne rase marked If. C. 6. containing ncettleu, fVtu Ciawhy <J" Son. Vlaiiaantt. ? Tho suit i.s brought to condemn tbn goods, which were im |x rted by the steamer Arctic, in February. 1861. as for t< ill d to the United State*, by reason. ?s in alleged on the part of the government. of being undervalued in the iu Toice. The invoioi slates tbeir value to be ?2Gt ; theap p raisers advanced them about 40 per cent, or to 'lhe owners claim thai the invoice ntaloi lite actual price paid, and the true value in Kngland. After the evidence adduced by Mr McCulloch.on the part of Mr Orawley, t be District Attorney contented to a verdict for the claim ant*. U. S, ComnilMHlnnerV Court. llcfiiri' .Ii>hn >V. Ncle n K-q May 18. ? Kmhuvor In Make <i Kevri/t, and Confining thr Commanding Officer <\f the ,'lrneri. an ltrin Vrtmoni . ? Henry Bloan. a sennian, was brought before the OoDainisdoner upon the above charges. and it appeared in evidence ad duced by Mr. lUdgcwuy, on behalf of tho United Stated, that the vessel wum ciossing tiic bar at lhe month of the Altamaha lllver, Georgia, ViKth lift mouth; (hat Sloan Ufed abusive language towards Mr. Miller, whowa* first tiui te and cinniiiundiiig ollicer. ((.'apt, Church being below) in consequence of not being allowed coffee early in the morning: that be thrust lib clenched fl.-t in Mio mate's faec anil then struck him in the mouth; tho mate caught a bucket, but Sloan kuockod It from bin bund and ."truck bim in the eye, blackening it In the dillh'ulty the mate was twice knocked down, and be was beta or c mtiiied. tbu crew being on deck and witnessing nil that took place. Tho Commissioner decided that the offuueos were clearly proven aud held the accused for trial. Supreme Court. 01CNBKAI. TKltM . THE Ml hi. ION THII8T SUIT The Hon Judges Kdwarils (presiding Justice). Mitchell. and Roosevelt, on the liencb. May 1H. ? David Leavitl. Itecrivev oj thr North .American Banking Comjxiny. o?. liichard M. Hlachford. ? In lliix long litigated nod important cane, a motion wa.i made on the part or the dctendaot* to strike out tho testimony of ouo of the witnesses for the plainliirs. who died before bin evidence was completed. Tbu testimony iu controversy ii- proponed to be used in the argument next term. There is a motion of the plaintiff's t o follow this of the defend ant',- to strike out the depositions of one of the defendant's wilnc'secs '1 lie paper." in the case are imumnscly volu tnlnous, extending over fourteen thousand folios, and the ljwyers engaged on cach Hide are among tho most i iu Hint at the bar of our city. For tho plaintiff. Menard. Kdwnrd Su nil ford, Jolin Van Huron and Mr. Bradley. For the defendants. ex-Judge Keut, lion Booj. F. II u ? lor, Wm C. Noyes: and another. iSl'KCJ Al. TKRM . Decision by Hon. Judge Mitchell. May 1H ? hi the matter of thr ajijiHcalion for thr sub of lli e Ural Kstaie of Francis Jtoschen and others. ? The affidavit of Mr Scely sufficiently .hows that Iho money lias been alwiiv in bsnk. ready to be paid. but that there have been diiUcultieR m to how It shall be di potted of. 1 1 is not. therefore, liable for interest The balance ehould be pa id immediately to t he Tt i :st Company, to the credit of thin enut e. and provision be inttdo *0 tin tow-euro the fund for the children orcreditors No part should be paid to tiie widow, for dower, until . he accounts for the adminis tration of I lie personal estate, it was improper for Mr. I i e. Hie husband of the epccial guardian, to be the pur chaser; there aro other matters that wnu to require ;il teution, Superior Court. Before lion Judge Hand ford. Mav 17 ? Richard ./? Uniting and H'm. If Merchant, fj em tors r.s. John Itacim. It'estlake md others ? This was an action on a note, for 6iW. The note was made by Ba con ti Son payable to Westlake h Coger. and (riven to iiim to raise money for Bacon 8t .Son After keeping the note for kodio days without getting it discounted Went lake & I 'oner gave it to A A. Merchant, since deceased, as a collateral security for $1 IM'K), whi?'h he lent Westlake ^ Coger on their check payable in a fortnight, on the Manhattan llanli. When tho check was presented to ill" hank teller. who?o duty it was to pay it he wan nut present, and another teller, supposing that the che< k was good, endited its amount to Merchant. l)ut when tint other teller returned to the bank, he found that Westlake & Co. had no funds in it; and lie directed the check to be protested, and charged to Merchant's account. It whs now contended, for the defence, that the bank having, in the first instance, credited the amount of the check to Merchant, had by doing so. vir tually paid it. It was also shown in evidence, by West hike. one of the defendants, that Mereliant had eliarged usurious Interest on tlx' loan, at the rate of one per cunt pi r week which was now set up in defence. The Court cl. urged that Westlake & Coger's check wa" not paid; and that. ns regarded the defendants, WeiUbike .V Uogut. there was no b gal evidence to show usurious interest being charged ? then fere on those two points the defence failed. | a" far as Westlake S. Coger were concerned; but as re garded Bacon it Son. if the jury believed tiiat the usuri ous interest had been charged, they should find in their favor. Mat 18. ? The jury rendered a sealed verdict against John Ilacon & Co.. for $1,300. and against Westlake. for <.107 51. Before the Hon. Judge San il ford. Mav 17 ? Edward Jenkins rs If "m C. (wadilard ? This was an action brought by tin' plaint iff for the recovery of one per cent commission for tervlces as broker in the sale of a house and lot Valued at $8,500. to the d"feuduut. by a third parly. There being a mortgage on the pre uibcs at the time of the negotiation for $4,000. defend ant's counsel contended that plaintiff could only recover commissions Oil the balance: and also that plaint ill", hav ing acted as broker for both seller and purchaser, was not entitled to double brokerage The jury rendered a Verdict for the plaintiff, for the full amount. with interest. $89 46. Before the Hon. Judge Sandford Mav IS ? jolm Sahmiti rs. Wells Phillips ? This was an action for false imprisonment. There wa< no defence, and lite jury returned a verdict for the plaintiff of $1 500. Court of General Sctslons. I'efore Judge lleebe ami Aldermen Smith and Hard Mil 17 ? t harge if -Assault, n ilh intent to Kill. ? John Sacs who keeps a gioccry store, at the corner of avenuo C and Tenth street, was charged witli shooting James l,< oimrd. a stage driver, with a revolver, on the flt.li of April last. Il appeared, in evid nee. t lint the complainant had g"n?' into the store about 12 o'clock in the day together with two or thrcu others; that he was somewhat intoxi cated at the time, and began "sky-Lurking " and abusing the di fendant. a? lie bad done on several previous occa sions. Suss seized him. and with bis clerk's assistance jiu- lied him out ; bo returned again, and tiie defendant took down a pistol and tired twice very wide of him. a third shot, however, iia.l hit hiiu in the upper part of the thigh where it. still remained, the surgeon being unable to extricate it. The jury, after some delils ration, re- 1 turned a verdict of guiliy of assault and battery only, I and the defendant, who is at large upon bail, was directed to appear on Friday morning to receive sentence. . / Short Hoy. ? Robert Isaac* was indict eo fora riot on t'hri.-tmas nijht lust in entering tiie house of Mrs [ Cauldwell. 60 Lispenard street, in the van of a gang of rowdies, who there demolished the furniture, window", kc. and carried oft the dvcanters and ether small arti cles. Mrs. Cauldwell state! that between .8 and U o'clock, ns the and her s< rvant girl were on the -t-oop putting out the gas an J about to close the house. (it xdng a holiday) a crow d of r iwdlcs. to the number of forty or forty -live rushed in. umonij whom wasth', ptisoner; ti e only one site could rt cognise. some having ts.ntts in their ha.wls. and other pieces of broken J urnit -iru. apparently the result s < f some previous Attacks. Site begged them not to e.otne in, as she wa* shutting up: but they pushed the girl 'town off j the chair and passe I in. tilling the two rooms. ."he gave thtm all segars and drinks to get rid of them in peace, but tin v si iil they had oome to give her a regular dialling up and e.benelit " aivi tin n began -washing the gla?ses: and sonvf went Oil tjdiie and threw In bricks and ' stones, breaking the windows and sashes; <he ultimately j dispersed them by discharging a pistol from the second , ttvor wind >w, There wm property Mil furniture le- i -tioyed to the extent of fifty dollars. She did not see 1 Isaacs (the. -prisoner) dolig anything trom the beginning i to the em',- hut he ?as leading them OO with "tlv? Cap tain," !i ^ii her sr rvant heard hi.t expression* Kilm lliekard tbo servant deposed to seeing him in the hall, and Ik iringhimsay. -? Co in. boys. and ribbon ber. " Some witne1 ,;(.s were called for tiie deinco to shew that the prim (1,.r WBi, not going round with th' gang, and that his pres snce was merely accidental; and after the caw was clo ,, ,|. Mrs Forrwti r. who keeps a similar establishment to the pr sccutrix. corner of Broadway and Canal street, b Aving entered the court, was. at tiie defendant s re ' pi est. called: but she did not help him much She de posed he was quietly seated in her house a short time be. fore, when the gaug came in. and tliat she win obliged to treat tlum all. and so got rid of them quietly; the re mainder of ber testimony however, set the quertiouat rest. if ? Pid the prisoner remain after the others had gum'' A ? Oh. ii" he went with them; they would uot go without him (Laughter). The Court charged the jury very distinctly on the law of the sulyi ct Kvery one who formed a part of the crowd was equally guilty of a riot; and was i ven liihle for the consequence if death ensiled. '1 h? law m so | stringent that it allowi'd none tobeneiMral. and ev ry citizen who was not on the side of law arid order was held j to be one of the rioters, unless ho could sb">v he had se- j Tared himself from them It was not necessary to prove any distinct act. The jury after a frw minutes confe- , reuce returned a verdict of guilty; whereupon the priso ner's bail, Mr. Lazarus Solonem*. enrae fbrw vrd and de- | clined to be any longer Itound for hi- appeavanco and le was iiceordiogiy remanded to prison for sentence. I 'trait' d (imllit ami Srntrm ? Hal man I riedenbOg and Christian Bnrk hard t, two young Uermau boys, pleaded guiliy of petit larceny. 'I hey had bei n indii ted for bur glary; but Mr llall stated lie wa.isatistiedth.it ehirge could not be sustained. '1 he plea *n.i - therefore accepted and they were sentenced tt) six months Imprisonment In the Penitentiary. Mav lv ? ?Jin Unbooked far fii/rriuf'ion-? . / /? ,'u / fi a - Her ? The trial (it John l'rlseoll. indicted for a forcible entry and detainer, wa-t appointed for thi" morning, and the complainant and his witnesses were in attendance accordingly; win ii jut as the t'ourt was ab 'tit to be opened. Mr. \andervoort the Clerk, announced that he tad rtctivcd a writ i f err Hanoi, rt moving the Indictment Into the Supreme Court, winch writ had been granted by his llonot Judge Mitchell, on the applicatl o of >lr John Authon. At this announcement the complainant and his witnesses lookut very blank; but tbeir faces brightened, and th<ir spirits seem t relieved. When the AsHiHtent District attorney Mr A P. Hall who had been scrutinizing the law ail I the papers, arose, and stated to the MU?iMUU?d (jr*mv4 ? ordt*, twcauae th? atatute contemplated to r*mor? BB I indictment from the Qeneml iMoiu. twf >re tnul to the Oyer nod Terminer, ?oil from th?no??it ui(bt tw teat to the Supreme Court The Court rone lining that lh? In termcdiate stop of removal to the Over ami Termiaag which hail Iwen omitted. was essential. and tile writ wm entitled In no legal consideration. the District Attorney was directed to proem d. on giving proper notice I'npm ration having l^-n made for this ca*?. to the exclusion tt all others for the day no further busiuess waa trmiUMt*% an J the Court adjourned Theatrical and Nulral . ?.???Wr*T Thkatrk. ? Tl1"' excellent draiua called tto 'Myotic lleil "which has been no generally admired dnr in(t the past few evening*, will commence the ontertate* meats with M.-s?rs. Kddy, Stevens. and (J nodal I In the principal c harariers MissO. Dawes and Mi* MitcheC will dance lh? l't? Htyrionuf 1 ho orchantra will pltf Julien's Nightingale Wait*, with flute obi i*ato, ami the entertainments will conclude with the beaut ifuldramatto romance of the "Oomican Brothers Broadway Theatre. ? ' The receipts of this evening are for the benefit of an old favorite in. I excellent ar.trmoL JM i ah Kate Horn, who waa for a long time connnotml wita the old I'srk cumpsny. Tho pieces schv-ted for the ocea hIi 'ii are the beautiful drama of "Vietorlne" and the pops lur comedy of -All that (Hitters is not (told." In tit* tli at piece Mi** Julia llennett and Mr Walot. trom the Lyceum Theatre, will appear, ami in the last Mr and Mm Conway and Madame Ponisi will a attain the priuoipal characters. Nihi.d'd (Um>ia ? The fascinating actress and sweet vocalist. Mad Anna Tlnllon, will appdfr thia evening la her greatly admired representation of Marie, in the oooako opera of the Daughter of tiie Beglment." which hac been received, every night it has been performed, with continuoua marks of approbation Mr. Iludaon asTonio, Mr Leach an 8ulpicc, and Mn. McKeuna m the Mar chioncss To morrow evening, the beautiful lUtiutum Caroline KoiiN-ot. will appear in "La Sylphide '? Biiiton's Tiikaihk. ? The excellent comedy of "David Copperfleld." draws. every night it in presented, (aim and delighted audiences To nee Burton alone. In hie inimitable repreaentation of Micnwl>er, ia worth Um price of admission. and Johnson in his comical persona lion of ||i ap. irt little inferior ? he is a great acquisition to the Chamhei ? street theatre Mrs Hkerrutt sustains the part of lir.i M icawber in admirable ftylo Mid Miss ffm ton plays the port of Martha with great artistic ability. 'I he entertainments clone with the faroe of "Uood fee Nothing.'' National Thkatrk. ? Mr. Ilooth will appear thin ev? niiig. in hi* great character of Count Bertram, in tbe play of licrtram. or the Castle of St. Aldohrand. supported in the other charactera h.v the leading members of the Mock company. Mr 11 Yates will Introduce a (Mint* Medley Dance; after which the new aud laughable bur lesque, entitled the '? Coarae Ilaired Brother*," will be produced, Thia la u good bill, and no doubt will draw a full house. Lyceum Tiikatre. ? Corby n and Auckland are ati 1 working hard to please their patrons. The (lr.it of the entertainment" for thin evening consists of tho faree enll - tied " J'ast and Slow," after which Mlsa Tayleure and Mr. Fletoher will dance a /'?? Villagnri i. Tho next fea ture will lie the exhibition of Professor Wilton, sustaining the characters of Jenny Llnd and llarnum; and the nmuscnicnta will conclude with the laughable farce at ' A tlhofit in wpite of Himself.'' A?tor Pi ?i s Opkra Hoi st.. ? 1 This evening and every one till further notice, will lie presented the original drama of the ? I'ormcan Urutliers. or La Veudelta." The twin brothers, Louis dei Krauclii and Kublen del Kranchl, will Ik- sustained by Mr Brooke; the other characters by Mcsmv Jordan. Lynnc, Arnold, Wemyss, Mrs. Vlekery, Mrs Hale. MihS Stephens. Vlisn Partington, and Miis Power The M'enery Is said to be new and Iwautiful, and expressly painted to add effect lo the piece Harnum'k Musi i m ? Manager (ireenwissl has provided a very entertaining programme for the patrons of thin c tabllshment to day Tliesuccif- I'ul oriental spectael^ entlili d "Cherry ond l air Star " will he represented in the afternoon: and tin popular comedy, styled "Used Hp.' will bo played in the evening in eouuection with the laughable farce of " I'tuicd Alive " All of which are Well cu^t. CiiniSTv's Ori.HA Hon i ? Chil ty's hand of Kthiopien Peifoiineis advertise a tine M'liction of songs, dunces, In st runicntai pieces, burlesques, uud witticisms, for thin evening. W oon's Mi?((itrk.i.i ? This evening is set apart foi the henefit of S A Wells, a very efficient performer, and a great favorite. The programme Is unusually attractive. Overland Kmlgratlon to California. Tin- following letter is from n California emigrant viu the l'lttins, to the Ht-I^ouis InleUi^cwer . Camt on tiik "Black Snakk" > Near (St. Joseph, April 2W, 1 H52 J FjiIKNH ntTDD? ? For tho information of nuuiorou friends, I shall to-day oommonoe a corres|s>ndono? with you, and keco it up regulurly as wu nro^reM on our journey. Messrs Blodget & Co. will run ? regular express mail, nfTording emigrants opportu nities of writing to their friends novor onjoyod b? foro. They will have slut ions at all the forts and trading posts, and as their wagons go forward th? emigrants will he noticed of their approach by an ad vanced courier, allowing several hours to each train for the puipose of writing and mailing their lettori. Our party have bconenottmped hero two weoks, await ing t tie growth of grasii; vegetation is still very back ward; t hero is nothing on tho prairies by which ani mals can subsist. 'J bousaml* have guno forward very iuiiirudently, nnd will undoubtedly suffer voiy much; forat least thirty days there will bo a scarcity of grass. Our party start to-day, carrying an extra wagon, with feed sufficient for the animate at least one munth. I find the same errors com mitted by this emigration as that of previous year*, overloading their teams with useless article^ heavy wagons and light teams, and thousands will fail to roach their destination. 1 saw, to-day, another wheel- barrow man, ready for his long and tedious journey ? a Yankee this timo. Most of th? St. Louis companies are leaving this week. Ma ]on#'s traiir will not leave for a week, Minturn & C?. in about ten days, Wiekersliam, ibtnria, Curio, Hcdnaon, Henderson, Duncan, Frank, ffassey. Smith, and some twentyothers, whom I do not know, leave to- day. The weather is very fine for travelling. Tho health of nearly every one I hear of, or know, i* good. There has been a few cases of small jmjx and measles, which have yielded to judicious medi cal treatment. A close observer of inattors and things in this place computes the entire overland emigration at sixty thousand souls, lieforo I closa this letter 1 muit correct one or two misrepre Si ntations made in tho St. Louis papers, in roforonce to this placc, The prioes of almost every articlo have been exaggerated I find tho merchants arc accommodating, with excellent stocks, and nrc seU ii g at a slight advance ovcrHt. I^ouis prices. Corn, oats, bay, etc., chanper than Ht. Louis; board from ?:? to Jo p< r week. The only crticlos tlint arc e* tnivngantly high are wagons and light earriagos ? everyone shomd bring tneir own The stock here is completely out. Mules from jftr)) to $|<H) ; horsea at at out .St. Louis prices, according to quality. IDicksmiths and wagon-makers are overrun with vv.rk, and chpjge accordingly. Accident it \ Rou.imi ? The Pott.witte Mint ix Journal, of I ho I ">t h in.?t .,imyg: ? . V n accjilont "? riirrci] st the rolling mill of Harris. I<urni>h at < ,'o , of thl borowgY i n Tbuteduy tOo?iiiog last. I y which iu <tj .mllon- will l>e suspended for a we<-k or t<*n days. Th? fly-win ?-l . 'vcighiug about twelve tons, attached to their X:< t-u? engine burst II*- pieces I'yin/ off with trctnendoua v. lorit y every direction. and considerably damaging tin- building. Fortunately h<j, one persen. the tlreuian, v .i" hiiii. iiml he v? are glad to learn, not diLiigeroudy. Tn how the force <tl tHfc projected fragment*, one piece, w< igtil-j/ perhaps. three ttw, passed out through the ii of. rj, one end of the building, breaking the heavy fr.im* 1 1 inhere ar.d clearing ? 'cry obstruction in its path. ii< ther "ejrni' nt weighing 'i WO to 'i HIM! lb*, wan thrown tl * iiigb the roof in an opposite direction, to the dititanc* el tome 100 yard." or raor i where It birivd Itself In th? H* Mind. Another struck the heavy iron <haft of the mala ".It ( I, tw.lv, Inches iu diameter. and broke out a piee* ?nme two fe#t III bngtb, aim Oct a* elwiras if II had been pnrpow I v r jt. The fi- 'iuan Injured was struck by <oma ot the ful'hig timbers, and luckily Tor him. not by any ptrtlon of the brokvu wheel Thu proprietors. In the kh enee ? ! nny other cause to account for the accident, kttrlbut 'it to extra speed ? the wheel was we'.l made, the if n lev it 1'flng uf the liest i|U?iily. and apparently the engiti not runntvg beyond it* miul speed. A P.oT Shct r.r hi? Mother.? A. ihopking tra C* ly took place at Pittsburg on Friday lust, which if lliil" noticed In the Jotini ii/:? It appears that a lad, ah' ut fourteen years of ng< . by tlie nam* of Walter Klcb ?rd.- n (?< n of Mr John H. ltichard?on. who Is second clerk in the arsenal). lia J always been very refractory, and given hi- parents much trouble. W ith hi* step mother Mr- Rlchnrdnon this was particularly the caw?, as it is stated that he had at times laid violent hand* upon h' r. and she was unable to exercise any control over him Finally. tlie father wishing to prevent this, toid the mother that he bnd charged a gun with only pow der, und advised her. when the boy wins refractory, to u.'e It. f..r the sake of intimidating blm lie placed tha gun. loaded in the manner spoken of above. In a plar? pointed out to the mother; but a short tiuiu after, in hailing to .? hoot a dog he placed a very heavy charge oC large sTint in If. and did nut advise her of the fact. On ! Thursday afternoon th<- mother and the boy hadadiA ! cully which ended in his throwing at her a sharp piec? | of stone coal, that "truck her on the cheek, cutting a deep gash, flic put him out of the house, and on Friday morning he returned, when she seized the gun. rested Hon a fence as hi was approachhig tlie house and fired? th? chiirge Inking effect in the bowels of th ? boy. and causing his ikaih in atiout twenty minutes. Mrs Rlebardaoa w:n arrested and committed to Jail. The Journal say* tliat the unfortunate wotimn has heretofore borue an ua klcnusiied reputation. Ten Persons Poisoned ? Five of titem Dead. ? We are again called upon to record a most hide ously Inhuman sacrifice of life, in black hearted and criminal wantonness. A wholu family. consisting of ten persons. residing one mile bcl >w Patriot Indians, were pol?med a f w days since and five of the nun U.i have died. 1 ho suspicion of the crime rests upon s person connected witii the family, wh >se own wife, ami two ' I' his mm children, with a sister In law and brother- in lew. died from the effects of the do<?. The family were taken ?lck after eating dinner. pliv?i clans wi re ?ent for. and poison at once detected I''"* mortem examinations were had ; and the stomscb of one of the victims was sent to this city to be ana lyzed Mid we uiider^tnnd that arsenic *n< the prison a<ln:ini?tered The suspectiil sou in lnw is n.'W nnd'T an est, and will undergo examination at Patriot Tin* file survivors of this hellish J1'1 1*'"* '?"J'r with hoiH<s of recovery. We withhold the n .me of the arcust d party by reiiuesl. the nnmi'i of the dece\?eii were not rimemWd by Mr Webb, of h. stcuier Hamtxirg our inforuumt who is a .v . len. of 1 alrtot p. s. We liaveju ? leanied that the n*me .f t.ic j? ns >a?