The voice of freedom. [volume], April 27, 1848, Image 2

About The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848

Image provided by: University of Vermont

                
THE VOICE.
BRANDONi
THURSDAY, APRIL 27, 1815.
Court Calendar.
Reported for the Voice of Freedom.
The County Court for this county commenced its
April Term nt Rutland, on Tuesday tlio 1ltli hist.
Present, Hon. Hii.asd Hall, Chief Judge.
" Gordon Xkwei.l nnd j Assistant
" Isaac T. Wmuiit J Judyes.
fpon calling tlio jury docket, all the causes as
signed for trial were continued or otherwise dispos
ed of, with the exception of three : Tlieso were
nibscqueiitly disposed of as follows:
Ex'r. of A. Austin, ) Action on n r.romisory
rs. note. The deft, 15rirg, of
A. E. Briggs & al. ) fered as a witness, John M.
Ormshco, who was a co-signer of tlio noic in suit
with said Briprgs, and the suit was originally brought
against hiin, but ho had at a previous term plead in
bar a discharge in bankruptcy, and upon that plen
had obtained a judgment in his favor. The plIV.
had taken exceptions to the said judgment, and the
name were allowed, but were not yet determined or
removed to the Supremo Court, in consequence of
the case being undetermined as to Rrig:s, the other
defendant. The question as to the competency of
Ormshce to be a witness under tlieso circumstances
was argued by Chns. L. Williams & Kbcnczer N.
Briggs in favor of, and by Silas H. Hodges against
such competency. The Court admittec the witness,
who testified to the payment of so much usurious
interest upon the note in suit as would, with other
payments which wcro shown, fully pay it, and
upon this testimony tho plaintiff submitted to n
Tcrdict and entered a review.
Hale and Foot & Hodges, for riaintiff.
Briggs & Williams, for Defendant.
were convinced that tho conveyance was fraudulent
their verdict should bo for tho plaintiff. Verdict
for plaintiff to recover $250,03.
Briggs & Williams and Linslcy, for Plaintiffs.
Kellogg and l'icrpoint, for Defendant
Gustavus A. Austin ) Action on note. The
rs. case oeing ot a similar
John SI. Ormsbee & al. ) character with the pre
ceding was disposed of in the same way without a
trial.
Ad'r. of O. Church ) Ejectment to recover cer
ts. Main premises in West Ha
Jamcs Forbes. J ven, which tho intestato
about two months previous to his death, in 1&20,
deeded to his son Olin Church, under whom the de
fendant claimed. The plaintiff relied upon avoid
ing said deed by showing the intestate's incapacity
to do business at the time tho deed was executed,
and introduced testimony tending to show that such
was tho case. To avoid tho operation of the stat
ute of limitations, the plaintiff endeavored to show
that, previous to the execution of the deed, tho said
Oliver lived upon and carried on tho place for his
father, and that ho continued to act in the same
ivay, after the execution of tho deed, until after his
father's death, and contended that there was no
adverso possession until after his dea:h, in which
case the statute of limitations would not have ope
rated, in consequence of tlio other children being
under the disability of infancy, until within fifteen
years before the commencement of tho suit. The
Court intimated that they should charge that the
adverse possession must bo presumed to have com
menced at the giving of the deed, and would there
fore continue to exist after tho intestate's death,
notwithstanding tho infancy of his other children,
and upon this intimation the plaintiff submitted to a
verdict, with leave to carry the case to the Supreme
Court upon exceptions, which were allowed.
Bfigm & Williams nnd Thrall & Pond, for riff.
Pierpoint, for the Dcfordant.
u'els ) Action on ft promisory
Vnote payable to F.lislm Al
ec al J len or bearer, and by him
James McDnniels
rs.
Jacob F.dgerton
transferred to the plaintiff. The defendants intro
duced testimony tending to show that the note was
secured by mortgage of certain premisos in I'awlet,
which premises were subsequently mortgngod to
Isaac McDauicfs ; that this second mortgage was
foreclosed, and the premises taken possession of by
said Isaac McDaniols, and that he subsequently paid
this note to, or purchased it of said Allen, and that
the premises" were of sufficient value to pay both
incumbrances. The plaintiff then endeavored to
prove that tho said negotiation with F.lMia Allen
was a purchase by the said James McDnniels, and
that the said Iaac was acting merely as his agent ;
and further, that the premises were not of sufficient
Talue to pay both the incumbrances. Tho case was
argued to the jury by E. L. Ormsbee and C. Lins
ley for tho plaintiff, and by G. W. llarman and R.
Pierpoint for tho defendant. Tho jury were in
structed by tho Court that if they believed that tho
said Isaac was acting as the agent of the plaintiff
and that the note was paid, or purchased for tho
plaintiff, it would then bo their duty to return a
verdict for him ; but if they found tho payment or
purchase was made by said Isaac on his own ac
count, it would then be their duty to estimate tho
yalue of the mortgage premises, and if they were
sufficient to pay both incumbrances they should
return a verdict for the defendants j and if they
found them of less value, an application was to be
first made upon the second mortgage, which had
been foreclosed, and the balance only be applied up
on this note, in which case they would return their
rerdict for the amount whicli would still remain
due after such application. The jury under theso
instructions returned their verdict for tho defend:) tits.
Ormsbee & Edgcrton and I.iusley for Plaintiff.
Potter, llarman and Pierpoint, for Defendants.
Of the causes assigned for trial on Wodnesday,
the second day, the following were tried, viz :
John F. Knights Audita querth to set aside
vs. a judgment rendered in favor
r.phrahn Berry. ) ot the defendant against the
complainant before M. G. Everts, Justice of the
Peace. At the time first set for trial, tho said Ev
erts was absent, and the cause was continued by E.
I.. Ormsbee, anothor justice. Testimony was in
troduced by the complainant tending to show that
said continuaiico was not made until moro than two
hours after the time set for trial, and that it was
made at another place than tho one appointed in
the writ. On the part of the defendant Mr. Ormsbee
testified that within tho two hours ho went to Mr.
Everts' office, the place appointed for the trial, but
found the door locked, and therefore made the ad
jourciment at the door of the office. The complain
ant contended that unless such adjournment was
made in the office) itself it was not sufficient; but
the Court instructed the jury that, if the office was
locked, an adjournment at the door was sufficient,
and if from the testimony, the jury believed that
such adjournment was made within the two hours,
their verdict should bo for the defendant, but if it
was not made until after the expiration of two
hours their verdict should be for the complaiuant.
Verdict for defendant.
Thrall & Pond, for Complainant.
Edgerton, for Defendant.
(Action for insuf
ficiency of a high
way in'tho west part
II. & D. Aiken
rs.
Win. I'eck.
SThis was a qui tarn ao
tion for a fraudulent con
veyance, in which the testi
mony on the part of the plaintiffs tended to show
that, previous to February 1S15, ono Harvey liriggs
of Benson, was possessed of n large amount of per
sonal property and had contracted debts to a con
siderable amount, and that about tho middle of this
month ho transferred to tho defendant, who was his
father-in-law, a span of horses worth about
and a cutter worth from $30 to SliO, whicli property
the defendant subsequently claimed that ho had
purchased of tho said Bri gs ; that about the time
of this transfer tho rest of Briggs' personal property
was attached and sold upon writs in favor of his
mother and brother, and that tho defendant's cir
cumstances were always somewhat limited and not
such as would admit of his owning or purchasing
property of the price and characterof the horses and
sleigh in question. In order to show the indebted
ness of tho said Briggs to tho plaintiff, testimony
was offered as to what tho said Briggs had said or
admitted in a conversion between him and tho
plaintiffs, nnd tins testimony, though objected to,
was admitted by the Court. The cae was argued
to the jury by C. Linslcy and E. X. Briggs for the
plaintiffs, and by L. C. Kellogg and R. Pierpoint for
the defendant. Tho Court charged tho jury that
the plaintiffs must have shown, 1st, that Briggs was
indebted to them at the time of this transfer, but
that this might be shown by the admission of Briggs
or such other evidence as would bo sufficient to
charge said Briggs with such indebtedness, in n
civil action against him; and, 3dly, that the sale to
nnd purchase by defendant must havo been with the
Intent to keep it from the creditors of Briggs, and
this intent must have been participated in by both
Briggs and tho defendant, nnd that tho defendant
must hnvo subsequently justified it, but that his
claim that he had purchased and paid for if, would
bo a sufficient justification ; that the circumstances
that tho transfer was made upon the cvo of Briggs'
failure, the relationship between the parties, tho
property being such ns the defendant was not ac
custemed to own or deal in, the improbability of his
having tho ready means for making such a pur
chase, &c. &c, wcro all pertinent to show fraud,
but that neither of them was in nnd of itself conclu
sive, but they were all to be taken and considered
ttfupthar by tho Jury, nnd if firm all if Ibcm 1bc-y
Jesse Paul
rs.
Tho Town of Pittsford npplt
of Pittsford. Tlio principle insufficiency com
plained of, was, its not being sufficiently opened and
rendered fit for travelling, after tho snow storms in
the winter of IS 10 ; and upon this question the tes
timony was conflicting. The case was submitted
to the jury with the usual charge from the Court
in rclerenco to the liability of towns. Vordict for
plaintiff, damages -",00.
Everts, Thrall & Pond, for riaintiff.
J. G. Newell and Pierpoiiit,for Defendant.
Tho following cases assigned for Thursday, the
13th hist, were tried ; the first one being reached on
the afternoon of said Thursday:
Fitch lloldcn Action for money had
rs. and received. Tho only
Win. R. Clement applt. ) evidence of the receipt of
tho money by the defendant was tho admissions of
the defendant upon a single occasion, as testified to
by one witness. Tho effect of this testimony was
endeavored to bo obviatod bv contrary declarations
of the plaintiff, and by the statement of the witness
that he might have been mistaken as to what the
defendant said. The court instructed the jury that
the evidence derived from the admission of a party
was certainly competent, and proper testimony for
thein to decide upon ; and that where they thought
the witness understood and had correctly stated the
admissions as they were made, and that tho party
had undcrstandingly stated a matter as tho witness
testified, it was evidence of a high order; but that
there were so many liabilities in both tho party and
witness to mistake tho other, nnd put a different
construction upon a declaration, from what it was
intended it should have, the jury should be satisfied
in their minds that the witness was correct and ac
curate in his recollection, and that there was no
misunderstanding between him and tho party as to
the subject matter, in referenco to which the ad
missions wcro made Verdict for plaiutiff for tho
amount of his claim.
Fullam and Pierpoint, for Plaintiff.
Everts and Ormsbco, fa- Defendant.
Ira Parsons rs. J. & li. R. Kingslcy, was com
menced and continued upon tlio trial.
Rufus Richardson, 1 Action of covenant npon
rs. the covenantsof seizin and
Ira Seward. ) warranty contained in a
dedofan undivided half of a lot of land in Men
don, which the defendant had given to the plaintiff.
It appeared that the plaintiff previously owned the
other half nnd that one. Strong claimed to own
the half which defendant had deeded, and had
brought an action of account against tho plaintiff, to
recover for one half of the rents and profits which
the plaintiff had received. The defendant was cited
to appear in said suit and maintain the plaintiffs
titlo, but the said Strong recovered. This recovery
the Court charged, amounted to an eviction, bihI that
the plaintiff was entitled to recover the value of the
half of said premises, which defendant, had deeded
to him, together with the costs ho was subjectod to
in said suit with Strong. Verdict accordingly.
Ormsbee it Edgerton and l'icrpoint, for Plaintiff,
Thrall & Pond, for defendant.
) Action for money had nnd rocoiv-
Seelev Vail
v". t cd, to recover money allured to have
Enoch Smith. ) been paid as extra or usurious inte
rest. In the course of tho trial it appeared that this
interest was included in a noto upon which there
had been a judgment. Tho court ruled that this
judgment was a bar to the present action, inasmuch
as the same would havo been a defenco and tho re
covery of it should have been there resisted.
Dexter for Plff.
Foot &- Hodge for I-ft-
Sarah Burr ) This was an action upon
vs. a broach of promiso of mar-
Aaron N. Lovcland. J riage. Tho testimony of
the several witnesses examined was substantially as
follows :
Warren Burr, a brother of tlio plff., testified that,
for two years prior to Oct. 16-13, tho plff. was in the
service of tho deft.'s father, and that during tho
last six months, the witness was also In li is employ;
that during this time tho plff. and deft, were very
intimate with each other, and that the doft. frequent
ly took her to ride, nnd on one occasion they went
together to Brandon to see tho enrnvnn. Tho wit
ness further testified that about tho time they left, in
Oct. ISIS, tho doft. told him he was engaged to his
sister, nnd that they were to bo married within a
year. He also testified that tho deft, was married in
Feb. IS 17, to a Miss , and that this had a se
rious effect upon his sister's health and spirits.
Mary E. Burr, the wife of Cartel Burr, a brother
of tho plff., testified that, in November, IMG, she
overheard a conversation between tho deft, and the
father and mother of the plff., in which he admitted
that he had engaged himself to the plff., nnd that
tho reason of his forsaking her was, that lie was
told he would be obliged to support them, (her fath
er and mother) ; that ho ought to havo seen Sarah,
(the plff.) and told her about it, and that ho meant
to havo done so. This conversation tho 'witness
stated she heard while) standing by the door, in an
entry leading into the room whoro the deft, nnd her
father and mother in law were. Sho also testified
to the deft 's having brought the plff. to their house
while she was living at tho deft.'s father's, and to
tho effect which thedeft.' subsequent mairiagehad
on the plff.'s health.
Dr. Aimington testified in relation to the plff.'s
health depression of spirits, &c. at several times
when ho had been called upon to visit her during the
past two years.
Miss Harriet Sargeant testified that tho plaintiff
was residing at her father's when it first bognn to be
reported that the deft, was paying attention to his
present wife, and that this news seemod to operate
very unfavorably upon the plff.
Miss ltogue testified to having seen the
plff. nnd deft, riding and going together to the plff.'s
fathervs, and on one occasion returning together ni
late ns 1 1 o'clock at night.
Edwin Lester testified to having seen them riding
together, and on one or two occasions going to Car
los Burr's.
The abovo constituted the knowing on tho part of
the plff.
On tho part of tho deft:
Catharine Dclong testified that, abont a fortnight
before the plff. left Mr. Lovcland'?, in answer to a
question she put to her, the plff. replied that she
should never have Nelson, (tho deft., whoso middle
namo is Nelson) ; that they wore not engaged, and
he had never said anything to her about it. Witness
asked her if they did not go to Brandon to tho cara
van together, to which tho plff. roplied that that
was only because her brothor would not carry her.
Mrs. John M. Goodenow testified that the plff.
lived with her tho winter after sha left Mr. Love
land's, nnd during that time told her that there was
no engagement between hersolf and the deft., aud
that tho reason of lior going to tho caravan with
him, was, that her brother would not carry her.
Witness also testified that during tho two months
the plff. resided with her the deft, novor visited her.
and was in the house but once, which was for the
purpose of seeing her husband upon business.
John M. Goodenow testified to the same effect in
reference to the daft, not visiting the plff. while at
his house.
Mrs. Emclino Wood testified to certain admissions
of the plff. that she did not expect to bo married,
&c. &c.
Cyril M. Green testified that he wns a cousin of
tho plff., nnd that in May or June, 18-1G, sho told
him sho did not expect to marry tho deft., for the
agreement between them was, that either might be
off if they choso.
Nahum J. Green testified that upon one occasion,
since the plfi". left Mr. Lovoland'i, sho asked the
witness to take her there; said sho wanted to go
some time when the deft, was riot there, so that they
would not think sho was after him ; and further
said that she wanted nothing of him, and supposed
that he did not of her; did not know of any par
ticular intimacy between them, but upon his cross
examination stated that during his (the witness')
sickness, tho plff. and deft, together sot up with him
as watchers during one night.
Samuel B. Lovcland, his wife and a sister of the
defendant, oach tostified that, during the plfi'.'s resi
dence in their father's family there was no particu
lar intimacy between her nnd the deft., and no more
than existed between her and the other members of
the family ; that at the time of tho caravan being
at Brandon, the plff. desired her brother to take her
there, aud that upon his refusal sho cried, and then
requested the deft, to carry her; and that whenever
ho had taken her cither to the stores or to her fath
er's it was nt her request, and usually after the re
fusal of her brother to do so.
Tho case was argued by John G. Newell nnd S.
Foot for tho Plff., and by E. Edgerton and R. Pier
point for the Doft.
The court chnrgod tho jury that the important
question for them to decido, was, whether thero had
been a promise of marriage by tho deft., or an en
gagement between tho parties proved ; for if there
had, thero was no question about the breach, nnd
the plff.'s consequent right to recover. That it was
not to bo expected that a contract of this nature
could bo proved by nny who wcro witnesses to it,
but was usually to be established by the admissions
of the party, and his acts and conduct in corrobora
tion. That tho admissions of a party that ho was
engaged to, and had promised to marry another,
seemed in their nature to bo entitled to more consid
eration and weight, than thoso of tho opposito party,
that no such engagement existed ; but that the jury
were to tako all tho admissions proved, into consid
eration, and judge of them by all tho circumstances
that attended them, and give to them such weight
as they thought they wore entitlod. If they believ
ed any of them wcro mado jokingly, they wero of
course entitled to less weight than thoso which had
beon made seriously. That the conduct of tlio par
tics was to be considered as adding weight to the
testimony derived from the admissions. If it wns
such as usually attonds marriago engagements it
wont to corroborate the admissions of tho deft, upon
which tho plff. rclios. If, on the contrary, there
was a want on tho part of tho deft, of such attentions
as would have been expected of him if he had been
engaged, it would tend strongly to corroborate those
admissions of tho plff. which the deft, relied upon.
If tho marriage contract wns proved, and tho plff.
entitled to recover, there was no rule of law regu
lating the. damage?, but their amount was a matter
hit entirely to ths dfecvotifm onrf sonnrl jndgiiimt.
of the jury, they wero nt liberty, and should take
into the account, the montal and physical suffering
which they believed the plff. had endured in conse
qnonce of the deft.'s faithlessness, any loss of time
or sickness consequent thereon ; also any loss of an
advantageous settlement for life which she had sus
tained. The trial was commenced on Saturday the 15th
inst., at 8 A. M., nnd wns submittod to tlio jury nt
about 5, P. M. In about thirty minutes they re
turned their verdict for tho plff. to recover three
hundred and seventy-Jive dullars damages, and costs.
J. G. Newell and Foot & Hodges for Plff.
Ormsbce & Edgerton and Pierpoint for Deft.
The case last mentioned nnd the one next follow
ing, were assigned for trial on Friday, tliti 11th hist,
The following nnd tho next succeeding case, which
wns assigned for Saturday, were tried on Monday
tho 17th inst., nnd concluded tho list of tho civil
cases tried by jury nt the present term.
Eleanor Brewster ) This was an notion of eject-
vs. ment, in which tho plff. sought
wenemian Barnes, j ro recover tne possession ot cer
tain premises in Pittsford, which her husband, now
deceased, had formerly owned, nnd in December,
lS13j deeded to deft., upon which occasion tho deft,
gave the said Brewster nnd the plff. n life lease nnd
mortgage of said premises conditioned for her sup
port during life. It appeared that soon after the ex
ecution of said writings, the plff. and her husband
went to tho defendant's house, and thero resided
with him until tho death of Mr. Brewster, nnd that
the plfi'. continued to reside thero for about a year
afterwards, when she became dissatisfied and went
to reside elsewhere, and subsequently called upon
the deft, to pay fur hor board nnd furnish her cloth
ing, &c. The deft, declined to do this, but offered
to support her aud furnish her with all necessary
clothing at his oirn house and contended that he
was under no obligation to support her at any other
place. Thoro was no express provision in either the
lease or mortgage as to whero the plff. or her hus
band wore to be supported, and no evidence was of
fered, nor was it pretended that thero was any ill
treatment of the plfi'. or want of a sufficient and
suitable support for her at tho deft.'s house. The
court decided that tho writings only required the
deft, to support the plff. at his own house, and there
upon directed a verdict for tho deft. Verdict accord
ingly. Foot & Hodges for Plff.
Bri. gs & Williams nnd Pierpoiut fr Deft
) This wa3 'an action of us
smnpsit for the breach of a
Luciu9 W. Wright
vs.
Marshall W. G rover. ) promise to purchase the plff.'s
farm. There was no question ns to the contract,
the tender cf a deed by the plff. in pursuance theie
of, and the non-performance by the deft., but only
ns to tho damages. Verdict for plff. Damages
8S5.03.
Foot & Hodges for Plff.
Thrall & Tond for Deft.
Tho court finished the trial of tho last jury cause
upon the civil docket, on Monday noon the 17ih,and
upon tho afternoon of that day they commenced the
crimiual cases, which were disposed of as follows:
State ) Tho information against the re
vs. ' spondont was for malicious mischief
Martin Loach. ) in cording and binding the hind legs
of twenty-five sheep belonging to Richard M. Pow
ers, in Nov., 1S1G. After nil the evidence was in,
the respondent withdraw his plea of not guilty, and
plead guilty, aud then moved in arrest of judgment ;
and contended that tho 17 sec. of tho 95 chap, of the
Rev. Stat., upon which the information against him
was founded, did not extend to or include the offence
of maiming sheep ; that the expression " or othc-r
animals" was too general a term to bo entitled to
any npplication. The motion in arrest wns over
ruled, and the exceptions taken thorcto by the re
spondent wero allowed, nnd the cause passed to the
Supreme Court.
Wm. C. Kittredge, State's Attorney, for the pros
ecution. Foot & Hodges for tho Dofondant.
S'.ato ) Indictment forthe insufficiency
vs. I of a highway. The only ques-
Town of I'av.'ot. ) tion raisod, was, in reference to
tho condition nnd state of repair of the road indicted.
Verdict, guilty.
Kittredge, State's Attorney, for the prosecution.
Potter aud Linslcy for the defendant.
COMMUNICATIONS.
Several nre on hand, antl a portion of them
will appear next week. Number one, " Rem
iniscences of a Green Mountain Boy," would
have appeared this week, had it not been so
carefully hiid away that it was forgotten until
too lato for insertion in this number.
Hon. Andrew Stewart will pleaso ac
cept our thanks for u revised copy of his
speech of January 11th, 1848 the first edi
tion of which wns copied into tho Voice in
February. Wo shall not copy the revised, ns
we cari sec no grent chance to improve on
the first Our thanks aro also due to Mr.
Stewart for a copy of a speech delivered by
Mr. Hampton of Pennsylvania, March 9,
1818, on Rivers nnd Harbors the policy of
Free Trade, &c. This speech shows in a
forcible manner, tho importance of protecting
the lives of navigators on our Lakes and
Rivers, as well its Manufactures and the
Arts.
Hon. Johh M. Botts will accept thanks
for a pamphlet copy of his recent Address to
the "Whigs of the United Slates. "We must
defer copying long speeches and addresses for
the present, but shall extract from tho valua
ble copies we have on hand as we shall judge
will best conduco to the welfare of the coun
try, nnd ns room can be spared in our sniull
sheet. We think Mr. Botts deserves much
praise for the manly and independent stand
he has taken in exposing the i'raud practised
upon the people of Virginia by those who
professed to speak in- their behalf when they
proclaimed to the world that Zachart Tay
lor was their choice ns a candidate for the
next President, also for his exposure of their
game in announcing U this convention, that
Kentucky and North Carolina had just put
in nomination Gen. Taylor, when this wns
not the fact. Wo think, too, that Mr. Botts
takes the only true ground in regard to the
principle on which whig? can consistently sup
port u man for the high ofDee of President of
the United States.
As we judge of political principle;), so far
as whiga or democrats shall support General
Taylor for President, after his repeated dec
larations that he will not promulgate Lis po
litical principles, so far they will virtually
say, " we arc no longer of the opinion that
any of the questions which have divided the
two parties, are worth voting for," and we
think, tho moment either of these parties
shall shoulder a " no party candidate," that
moment such party will cease to exist. Al
though Mr. Botts stands against four of his
colleagues, if he will coutinue to stand on his
present platform he will compel the others to
come to him or to renounce their political
principles.
Indictment for an nssanlt upon
William Kimball, upon Daniel
Lincoln, and for a breach of the
Stnto
v.
Charles Lincol
peace by threatening, quarrelling, and other tumul
tuous enrriago. Tho defence set up, was, the insan
ity of tho respondent. The jury wero unablo to
agree, and nfter being out about three hours were
discharged. There having beon a trial of the re
spondent at the Inst term upon this same indictment,
with a similar result; the State's Attorney, in con
sideration of these circumstances, entered a nolle
prosequi.
Stato
vs.
Alvah Preston
Indictment for perjury. The
perjury was charged to have ocen
committed upon the trial of an is-
suo before Zidon Edson, a justice of tho peace.
Tho original writ, with the minutes of tho said jus
tice thcroon, wns offered, with a statement that it
wan the only records of the proceedings. The court
considering this ns wholly insufficient, the State's
Attorney, by leave of tho court, ontorod a nolle pros
equi. There being no further causes for trial by the
jury they wcro discharged on the afternoon of Tues
day, the 18th inst. Tho rcmaindcrof said afternoon
was occupied in calling tho court docket; and on
Wednesday the court proceeded with the trial of
tho court cases, which were finished, and tho court
adjourned sine die on tho 20th.
Congressional Discussion of Slave
ry, &c. In tho reports of Congressional pro
ceedings we notice, that both branchos are get
ting pretty well warmed up on the discussion
of slavery, and questions growing out of it
some of the more hcaty slaveholders taking
tho ground that Northern men have no tight
to discuss tho question of slavery in the Sen
ato or House. We think the taking of such
ground will but create a greater desire in a
portion of tho Representatives to give the
merits of tho peculiar institution a thorough
sifting ; for, if tho freemen of tho United
States aro bound to aid in supporting slavery
in the District of Columbia, and by special
enactments of Congress, some of their Repre
sentatives will undertake ti- know tho whys
and thf wlirrefor.
RUNAWAY SLAVES.
As appears from accounts through different
papers, about seventy slaves escaped from
Washington City on Saturday night the l.Mh
inst. went on board a vessel bound for some
port in a Free State, but tho news of their
departure soon being discovered, a steamboat
with a pursuing party immediately gave chase
and overtook the fugitives in Chesapeake Bay.
Both fugitives and officers of tho vessel were
taken back to Washington, and at our latest
accounts the Captain and two othor nion were
undergoing an examination on charges of aid
ing the escape of said slaves.
As appears from a report sont by telegraph
to different papers on Thursday evening last,
a mqfcof 3,000 persons assembled in front of
the Patent Office, and appointed a Commit
tee to request of Dr. Bailey, the Publisher of
the Era, a removal of his establishment from
that city. The Committee performed their
duty, but tho publisher refused to comply
with their request. On this announcement
the mob resolved to do tho work themselves
and pay tho damage. But thu Proprietor
having published a Card, disavowing any
agency in tho escape of the slaves, and pledg
ing himself not to engage in such business,
the mob subsequently dispersed without car
rying into effect their designs.
We have long been of tho opinion that the
business of running off slaves was of no bene
fit to the enslaved, as a class, and can not,
therefore, call people martyrs who follow that
vocation; but wo think this recent develop
ment will be so thoroughly investigated that
the freemen of the United States may know
how far they arc bound to uphold slavery.
Land Reformers. Wo give placo this
week ta the Address on tho first pago not
being able, however, to see the force of all
the reasoning presented. So far as the
Homestead exemption is concerned, we be
lieve it right and practicable, and have no
doubt that many of tho States will soon pro
servo from attachment, a comfortable shelter
for u family together with a small parcel of
land provided tho head of the family shall
have come into honest possession of said pro
perly. We approvo of this because wo bc
lievo both creditor and debtor will bo bene
fitted from such arrangement.
" ' i-i'-J LSSg
tVrespoudcnee of the Voice of Freedom.
St. Louis, April 5, 18-18.
Mr. Editor : The election for Mayor eamo
off in this city on the 3d inst., and resullod in
the election of Mr. Krum, the loco foco can
didate, who, if you recollect, wns the doughty
Mayor of Alton at the lime when the Lovb
joy troubles occurred, and made himself
contemptible in the eyes of ull good men, by
the cool manner in which he permitted a law
less, blood-thirsty mob, to violate the laws of
God and man, without so much as lifting hij
finger to protect the lives or property of the
people, over whom he was chief magistrate.
But he is ono of the " faithful" and that It
quite sufficient. Tlio whigs nre greatly chn
grinned at the result of the election ; and
when it is too late, sec the folly of nominating
ft Native instead Of a Whig only.
There are so many foreigners in this city,
that, to espouse the Native American doc
trines, is to court defeat, and yet tho whigj
were confident of success ; but have failed.
I aui something of a Native American, but
I ttra a whig, aud am opposed strongly to the
whigs lending themselves to any hobby or ism
which may arise. I um most heartily di?ust-
ed with these coalitions, especially with tho
Native American Parly. I remember well
tho result of such a coalition in tho City of
New-York in 1844, by which we lost a rep
resentative to Congress, and many votes for
Mr. Clay. They like our votes to elect thoi.
candidates, and promise Juir in return, but
alas! wc havo always had to tuke it out in
promises, while they have voted against us.
i never was in favor of such compromises. I
say, if on the broad and solid platform of
big Principles of right against wrong of
love of country, rather than of loaves and
fishes; of integrity and uprightnes in publics.
officers, in opposition to low cunning, dishon
est truckling for party purposes ; of ardent-
desire for peace and harmony at homo, and
unsullied honor abroad, in opposition to na
undignified, graspbg and bullying character j
if, I say, with these principles on our bannon,,
nnd the bird of Jove for our emblem, wo can
not conquer, then let us e'en bo defeated.
Better and more honorable is defeat under
this flag, than victory under that banner upou
which is inscribed " To the victor belong
the spoils" whose lit emblem would bo that
vile bird which fattens upon, and exults over
th8 carcasses ol those slain in battle ; a sight
most unseemly, but not to bo compared to
many a accne enacted by ths Goths and Vaa-
duls while dividing and meting out ths
" spoils" in this and a neighboring republic
T f ... ....
i tear we snail never succeed in electing
whig officers to govern us, until we unito up
on the grent principles which tho whigs havo
so long espoused, and cut oil all extraneous-
matters, and sectional interests. A good le
son might be learned from our adversaries.
They talk and bluster a good deal umon
themselves; but, when the tinio for voting
comes, you' always find them "faithful" til).
To be sure they are whipped in, for at all
events they must be found in the ranks.
I was surprised this morning to find largo
quantities of flour, grain, and provisions un
der water upon the Levee, ta'a river having
risen some six feet since last night, and stiU
rising very rapidly. It having been rainy for
two days, the Levee it vary tnncU encumbor
ed with stuff, and it is with groat difficulty,
that ptoperty can be dragged away to a placo
of safety. I.OCI-J.
EnroRT of Coukt Dkcisions. Tho
Report published this week necessarily ox-
cludes some other matters, but wo know of
nothing that could prove of more value to our
male readers, provided they will examine tho
decisions and heed the instruction contained
in them. The " Breach of Promiso" case de
cision may saTe some undecided lover fivo
hundred or a thousand dollars, and this by
learning him not promise unless he surely in
tends to fulfil. Other cases furnish instruc
tion, which, if heeded, may provo of great
value to somo ono just ready to risk his all
in the meshes of the law. Such information
costs us much more than ordinary news items ;
and the reason of our obtaining it, is, that our
subscribers may appreciate it as w do, and
in turn yield such support as will blanc the
extra expense.
Lake axd Coast Disastf.rs. Roports
coino of heavy gales and many wrecks of ves
sels on the great Lakes, and on somo parts of
the sea coast during last week. Fifteen ves
sels wero ashore near Sandusky ; the steamer
Oregon was nearly wrecked ; the steamer
Niagara wa3 totally wrecked near tho mouth
of Gcncsseo Kivor, Lake Ontario, on the 19th
inst. Passongc.il, 75 in number, also tho of
ficers and crew all saved. of tho sNarr.
ft evlirr.Mrrl st $MiCH"0.
TELFGitArniN-o. Tho Wcstport Patriot
thinks thero will soon be a lino of tolegrapit
wires run from Orwell across tho Lake-
thence north on the west side of tho Lake, to
Champlain, where it will rc-cross tho Lake
and intersect the Troy and Canada Junction
line. Our exchanges in Montpplier nnd
Woodstock say they will soon have Tolo-
gr.nphic facilities from Boston way to coat
ncct at Burlington with the other line.
The New England farmer who, a few year
since, said he believed if his son Jonathan
was riding a streak of lightning would want
to whip up, if now living, would be very apt
to think his son's proponsity ralhor contagious.
Major Jack Dow.vi.va's Fifth De.
rATCH. -This valuable document from th
ironical Major has appeared in tho IntollU
gencer, and wo think it constitutes the great
est take off of Gen. Pillow that wo havo
seen. " Tho John-Donkey" is keen at such
business, but wo doubt his being ablo to go
btyond the voteran Major. Wo hopo wvt) ?
firvd r.vnn Cnr t.bi pioce of refinod Mirfl,
1