The New York Herald Newspaper, August 28, 1842, Page 2

NEW YORK HERALD. «w Work. Sunday, August 28, 942. HIGHLY IMPORTANT FROM CHINA. that did not Reach ata, etatls of the New rn, reac interesting. Iv will be The news ery remembered that the mews by the over- land i h was brought by the Bri- t to the date of April 12th, but of affairs in s mere outline, which reached London lone, intime to be forwarded to Liver- hours before the Britannia sailed. But + details had reached Liverppoot np to the t. Consequently the news we give be- ya fuil files of tae Canton papers will be read prought of the state t interest. # dates received at tates when the Olof Wyk left was to the 25th of November, and from England tothe 4th of Deceim- ber. The following is the list of the English fleet inthe Chinese waters on the Mth of April:— MW. M.S Ouinuas flog of Tacoa from the Unit- Jorn Wallis, W. Parker, i commander i Maithend ; ommander I commanding I. ot W.H FE Ww mnaader Orarsby, 1 N 41, captain H. Smith, C.B.; t CS dal (absent) ; Chame- ! sutenant Huater; Starling, 6, command- ! 1 er H. Keilett. SQu or Canton River.— omas Herbert, KC B AY THE Moun , captain Sir T manding Officer N mrad 13, >nant Ci Wood. ‘The following is the list of American ships in the se waters at the same date: tHE Last REMARKABLE PAtricULARS OF Figur ar Ningeoo —It appears that Sir Hugh Gough hid been for some time i» possession of tntelligeace t y e were concentrating forces in the , in or fer to make a simultaneous at- tacs oa the British forces at Ningpoo, Chinhae and Tinghae, (Chusan,) and every thing to give thema warin reception was therefore prepared. Th morning of the 10th March was chosen by the Chinese, aud it 1s supposed that some 12 to 14,000 inen entered the City of Ningpo by getting over the wails at different points, nor were any efforts made on the part of Sir Hugh to drive them b, until the greater number had collected in a square or open market pi } they were driven back imme liateiy by h troops. The Chinese seem not tu have anticipated that the English should have been so well prepared for them, and very svoa fled im the greatest disorder, leaving the town behind them, but not tillafter a great number had bit the dust; the guns drawn by ponies trained for that parpose,being broughtto bearupon the flying masses. About 259 of their dead were on the next morning found in the streets. Oa the same night Chinhae was likewise attacked, but the guards at the gates having been doubled, under the crder of Colonel Schoedde, they were repulsed with great loss. No attack on Chusan had taken place, although there is no doubt it was intended, for the Chinese had col- lected agreat number of men on the small island of Taysam near Chusan, which the steamer Nemesis to reconnoitre. The boat she sent on shore, pulling up a creek was fired on, when the Ne- rew on shore, killing many of the pyed about thirty janks, no doubt intended tor the conveyance of the troops to Tingnac. It is most gratying that no loss whatever was sufler- hough the number of killed ani wounded among the Chinese must have been im- mease. Immediately afier the flight of the Chinese from Ningpo, the 49th Regiment was sent in pursu and had noton the 12th (the latest date from Nr po) returned. Not fartrom Ningpo the Chine also thrown up a small battery from which th hipping, but it was soon silenced by the fire of H. M. S. Modeste It has been observed as a singular circumstance that four or five dollars were found in the pockets of every one of the Chinese soldiers found dead, and itis supposed they must have been given them to stimu- late their valor in the coming fight, and it is indeed likely that without such a bonus they had refused to go out atall, as they did on a former occasion at the Bogue, where they demanded two dollars per ed on our side man, and where to satisfy them, the old Admire] | was obliged to pawn his furniture and even wardrobe. From the loss the Chinese have sustained in this re- cent fight, we suppose it will be some time ere their officers can again collect a sufficient number of men brave enough to venture on other trials, and the Emperor will be much disappointed in again making the experience that he has not wherewithal to carry his frequent threats of total extermination into ef- fect. We have, after writing the above account, received Sir Henry Pottinger’s Circular, giving most interesting details of these occurrences, which will be found below. Farther Particulars of tho Fight at Ningpo, (From the Canton Press of April 14th.) We had last week the pleasure of publishing Sir Henry Pottinger’s circular, giving an account of the wallant repulse by H. M. forces of a large body of Chinese. By the Mysore, transport, since arrived we have had accounts of new deeds of arms, and several of our friends have kindly allowed us the perusal of their letters, we shall now lay before our readers a brief account of the occurrences of the 15th and subsequent days. It appears that after the un successful attack on Ningpo, the Chinese attempted to annoy the Hritish garrison, by obstructing the supply of provisions, and intelligence having at same time been received that a body of 8 or 4000 men were encamped at the town of Taee-kee, about Ite miles to the westward of Ning»o, Sir Hugh Gough determined to attack them A force consisting of detachinents of the 18th, 26th and 49th Regiments, and a naval brigade, in all about 1100 strong, was taken on beard aad in tow ot the Nemesis and Phle gethon steamers, on the 15th of March, and on ar- riving near Tsee-kee the Chinese were seen posted in a tolerably strong position immediately to the west of the town, the wails of which were scaled at once without meeting with any resistance. When, however, the British troops went ont to attack the encampiments, the Chinese fought well, keeping up for some time a fire from gingalls and m stehlodies The marines and sailors were directed to attuck them on the hill which formed the right of the rpo- sition, while the 49th took the centre, an! the 18h and 26th the leftof their camp Here it seems the mmen shorter distance (and no donbt impatience to engege) whicnthe marines and 49th lvad to traverse, brought on the fight rather prematurely, they getting ato action much sooner than the 18th and 26th, who a long distance to go over steep hills; the 18th were unable to get at the Chinese till they had begun to ran, and they then tumbled afew over. Accord ing to all accounts the Ghinese have shewn more courage on this than any other previous occasion, and their loss as well as numbers are very variously estimated in different letters we have seen; the for- mer at from foor to nine eundred killed, the lat- ter at from Ito 15,000 although most of the letters mention the enemy to have been about 6000 strong. Oa the side of the British the loss of the naval brie ade was 3killed and 14 wounded, including a marine officer, Mr. Hambly ; of the 49th, there were 6 or & wounded, among them Capt. Reynolds slightly, an { Lieut. Montgomerie and oy severely; the fatter was #o severely hurt in the arm that it was obliged tobe taken off inthe field. On that night the British troops sleptin the neighborhood of Tseekee, and on the following morning burat the eamp and peveral mandarin aud goverament houses in the city and suburbs. Intelligenee of another camp existing at sbout 5 miles disianeé, the troo there, but found it utterly deserted. ¢ tollowing morning the troops returned to Vingpo and Chinhae Asia thu eacosesta) expedisiens It seems that the flying Chinese have been rallied by some mandurins and reinforced by new troops, and that they were again gathering near a large city ot the aume of Shouhing to the north of Yuyaou, and that Sir Hugh Gough intended to rout them thence within a few days after the date of our intelligence. Rumors were also. rife of an intended attack on Ningpo, by a very large force, say 30,000 men, on about th th, so that our gallant men will have enough on their hands for some time to come. was said to be Sir Hugh Gongh’s intention imme- diately to moye on Hang-chow-foo, the capital of the province of Chekeang ; to execute which move- meat the posit f Ningpo Will no doubt have to be abandoned. The ostris steamer had been despatched to Amoy to bring up 300 men of the Royal Irish. Most of the lett we have seen agree in representing our loss at Tseekee at three killed and forty wounded, and that of the Chinese uncertain, as above stated Circular. were marched @ troops which at bY Ningpo and Chinhae at daylight on the morning of the 10th of last month mer During hole of February, almost daily intel- ligence d the head ers of her Majesty’s forces, ‘showing u gh authorities contemplated some active operations, bat they were * to time deferred on such frivolous pre- Hlencies the naval f had gone over to at that place prepara- and mili Chu: ni until the date and med, when a cousiderable bode f Chinese, estimate from 10 to 12,000 men, ad- vanced upon the south anc west gates of Ningpo, etrated to the market al got over the walls and p place inthe ec e of the city, where they were et by our troops and instanily driven back with tloss; in fact, it would seem that the moment : troops found themselves so warmly re- ir sole object was to get out of the cily as possible, and in their retreat to the south , the field guns drawn by popies, came up and opened ona dense mass with grape and cannister, at a distance than a hundred yards. ve 20) dead bodi found inside the walls, and when th came away, her Majesty’s 49th regiment had not returned from the pursuit of the discomfited and flying enemy. Se Whilst these operations were progressing on shore, a number of fireboats (ampans) lashed together with chains, were floated down the river, and were edinto the mud by the boats of the Sesostris meantime a gan was brought down tern suburb (across the river,) and as the inhabitants had been previously warned that any such atten would bring c ement upon majesty’s ship Modeste opened her guns, execution in that quarter, on Chinhae was much more feeble. advanced to the north gate, where they vere driven off by the guard, and fullowed by one a terwards reinforced by three others) of n regiment, who killed 30 men and the pursuit. ttack on the city of ained together were set o burn th: ippiag at that anchorage, but all went on shore above the ships of war and chant vessels and did no sort of harm, Shortly before these repulses occurred, the Neme- ent from Chusua to reconnoitre m, where it was understood Chi- ollecting with the purpose of at- y's forces.at Tinghae. ‘The steam- r boats into a creek where they were fired The proceedings entered by John A. Barry to ob- tain possession of his youngest child, being now (on appeal) before the Chancellor and the Court of Er- rors—and many questions having been asked in re- lation to the parties, and the points of difference between them, a brief statement of facts, as pre- sented in evidence and by affidavit, may not be deemed uninteresting. First, then, as to the gentlemen in the ca: Mr. Barry is a native of Shelburne, N. and must now be nearly, if not quite, 48 years of age, though, in appearance, he could readily pass for ten years less than that. He is a tall, commanding looking man, with dark hair, and full black whis- kers—even Grecian features, and 1s what may be rmed handsome. He generally pleads his own use, and exhibits much ability as a speaker, as well as a full knowledge of the various laws govern- ing his case. About ig’ bere (0, he was married at Halifax to Elizabeth Black (daughter of the Rev. Wm. Black, bishop of the Methodist church at Nova Scotia), by whom he had several children. He established himself in the dry goods business at the head of Marchi ton’s wharf and took a leading partin the affairs of the city. His lady died a few years since, leaving a son and four daughters, who are spoken of as an exceedingly fine family. A re- verse of business being experienced at Halifax, Mr. Barry lett there in the fa!l of 1883, and came to New York ostensibly with a view of determining where he should settie, he being undecided whether to do so in the L niled States or in England. After tra- yelling for about six months, he concluded to locate himself in th Ca : Thomas K. Mercein, father of the present Mrs. Barry, was born and brought up in New York. He was lor three or four years comptroller of the city, alsoa member of the Assembly, and has been for the last twenty years president of the Equitable In- surance Company, but which situation he has been induced recently to resign. He resides now in 19th street, but had lived in Laight street for some years. His lady is still living, and he has three daughters besides Mrs. Barry, who have been well and happily married, viz. one to Mr. Hyser, one to Mr. in (merchants of this city), and the other to Mr. Ran- dolph of New Jersey. Now afew words as to the character of the one who has probably felt more deeply and experienced more hearttelt anxiety, than any other individual connected with the;proceedings, we mean the daugh- ter of Mr, Mercein, (the present Mra. Barry) and mother of the child in question. On this point we shall give the testimony of several respectable wit- nesses, ona hearing before Judge Inglis. Dr. James R. Manvey, sworn—Iknow Mrs. Barry, and have known her since she was a child, now twenty years. Have frequently visited her father’s house andshe has yisited my house and been on terms of intimacy with my family. Her character is good,such asawoman’s should be, U have neverseen her out of temper. Her moral character is as geod as that of Bay person who walks the world. She is qualified well to take care of children. She has had a good deal of charge of her father's family, which is one of the best regulated that | ever knew. I have visited the house since the child was there— k aero taken care of, is a favorite, and well be- loved. Francis Hauu (one of the proprietors of the Com- mercial Advertiser) sworn—I have known Mrs. Barry from 15 to 18 years. Her mind is superior. cultivated, and she is amiable and moral. The child anpeats to be well taken care of. Mrs.=arau Hatt sworn—I have knewn Mrs.Parry for 17 or ISyexrs— Have visited her father’s house, and belong tothe same church withher. Have as- sociated with her in Sunday schools as teacher, also in Missionary and other benevolent institutions. — Mrs. Barry was secretary. Ler temper is pleasant and agreeable. Have seen her in trying circum- stances, calculated to try the temper, but never saw her shew any but good feeling. She hasa peculiar qualification tor teaching; she taught her own sisters. She is a communicant—Herintellect is very good. ‘The child is well taken care of. It appears to be happy, and the family happy in it, as if each one , and in consequence commander Collinson and Lieut. Hall landed the steamer’s ship’s company, when the Chinese fled with the loss of about thirty killed and a number wounded. The steamer’s voats then set fire to a number of janks which had aiso ired on her, and returned to Chinhae. hei vellencies the naval and military com- manders-in-chiet had gone back to Ningpo, and pro- d to follow up the repulses the enemy had ex- »erienced, by active measures. tlords her m. 'y’s plenipotentiary the highest ction to close the circular by stating that in pts of the enemy, her majesty’s combined ot lost a man. t intelligence from the head quarters of tbe Chinese army south of the Hangchow river speak of the troops being in almost a state of insub- ordination, and in want of supplies, &c. ‘The emperor had_ ordered, that the provinces ch are the seat of the war, should bear the ex- penses of it, and as the inhabitants seem resolved to make no further sacrifices, there appears every probability of the army dissolving itself, and be- coming totally disorganized. God save the Queen. Henry Porrixcen, Her Majesty’s Plenipotentiary. Ist day of April, 1842. CimevLan oF CoMMANDER OF ‘THE AMERICAN Squapi iy THe Catna Waters. To the Editor of the Canton Press. Sin—I have torequest that you will publish for the informationof whom it may concern, the ac- npanying copy of a letter from Commodore L. Kearney. Dated at Mace: Your obedient servant, W. Detano, Junr. Vice Consul of the United States of America. Macao, Ist April, 1842, Co: U.S, ConsTELLATION, Macao Roads, 31st, March, 1842. Sim—The Hongkong Gazette of the 24th inst. con- tains a shipping report in which is the name of an American vessel engaged in carrying opium—there- fore, 1 beg you will cause to be made known with equal publicity,and also to the Chinese authorities,by the translation of the same, that the Government ot the United States doesnot sanction ‘the smug- gling of opium” on the coast under the American lag, in violation of the laws of China. Difficulties arising therefrom in respect to the seizure of an’ veenel by the Chinese, the claimants certainly will not, under my instructions, find sup- port, or any interposition on my part after the publi- cation of this notice. Tam, very respectfully, _ Your obedient servant, (Signed,) I. Kearney, Commanding U. S. East India Squadron. To the United States Consul or the Vice Consul at Canton. Another Imperial Edict, TRANSLATION. chee The High Imperial Commissioner Yiilking, ‘awe spreading General,” and Teissun and Wan,—his coadjutors, hereby make clear proclamation. | It appears the gst the * black barbarians,” the re many sof the land, who having been taken captive by the English rebels, are, by change of dress so altered in appearance, that they cannot be recognised. Being forced by those rebels to do them menial service, they are grievously oppressed, and have the pros- pect of being placed, in the day of battle, fore- most to stand the whole brunt of the conflict, on the | other hand the fear that, if they retreat, they will meet death at the hands of their oppressor. Unable tospeak out, and without opportunity either of ad vancement, or retirement from among them, these are indeed to be commisserated. Among the “red barbarians,” too, there are some who have been brought by those rebels from other lands, with no will to follow them and with no share in their plunder. Why should these continue in their employ? : Therefore is this clear Proclamation issued. If, in the day of battle, either “red” or “black” barbarians will—should they be on shore, cast away their arms, and kneeling, offer submission—or, should they be afloat, refuse to fire, they shall in all cases be spared alive. Any who shall seize and de- liver up a great “barbarian Eye” or Chief shall be rewarded with a ‘high dignity. Auy who shall. make prisoners of the common ‘de - mons,” (privates or sailors,) shall be richly reward- ed with money, and it any shall deliver up a foreign vessel, they shall receive for their reward whatever goods the vessel shall contain. A special Edict. 2ist, year of Taoukwang, 12th moon, 19th day. (30th, January, 1842.) Ow vrr.—The American merchants will now de- mand satisfaction for the gross outrage committed by the Chinese authorities on the boat of the Morti- son, and the murder of one of thee nd if ne- cessary, both the Constellation an oston will vindicate the honor of the United States flag by ex- acting from the Chinese a most heavy retribution for ag most treacherous violation of international a On prr.—Col. de Janeigny, French commercial agent, and Mr. Challaye, t Vice Consul, have had aprolonged and secret eonterence with Yihshan and Kekung, the Governor of Canton,not at their official residences, but at the country house of ‘Tinqua, the son of the late hong merchant of the same name. Tue Tanirr.—This bill, as amended, will pass the House, provided there is a quorumleft to pass it. @g@- The Reading Railroad Bridge across the Schuylkill, and the one close toit, have been burnt down, and three fellows have been arrested on sus- picion of setting fire to them. (x% Tne Park Theatre opens to-morrow night. | Brown and Burton are engaged for a month. owned it. Mrs. Ann Esserrssworn.—Am aunt to Mrs. Bar- ty, and have known her all her lifetime. Her cha- racter and temper are good, and she is well calcu- lated to take care of a child. The child is taken good care of, its mother being a most devoted nurse. Rey. Dr. Banos, sworn.—Have known Mrs. Bar- ry 15 or 16 years, at her house and in meetings. She isa woman of strong and well improved mind. Her moral qualifications and temper are good, and the family 1s a good ene fora child to be in, Rev. Cuaries A.JDavis, sworn—Am pastor of the Vestry-street Methodist Church. Mrs. Barry is a communicant. I have also seen her frequently in the house. She is amiable, piousand intelligent. Dr. Reese, sworn —Am a Phy pcinn, and attend the family of Mr. Mercein. Ihave known Mrs Barry for some years, and have thought highly of her in all reapecia. ‘The child iscomfertable’ ‘The mother and the family devote themselves to it. So much forthe parties. Now forthe introduction and the marriage, which we shall give in Mrs. Bar- ry’s own words, as presented in her affidavit, in an- swer to the first writ which had been issued, we be- lieve in 1839. ‘*f, Eliza Ann Barry, named in the annexed Ha- beas Corpus, and the wife of John A. Barry, being duly sworn, do depose and say, that my grandfather, the late Andrew Mercein, and Robert Barry, the father of John A. Barry, were early friends ; Robert Barry, with other loyalists, left the city, as I always understood, after the peace of 1783, and settled in Nova Scotia. Of late years several members of Ro- bert Barry’s family have visited New York, and were received more as relatives than strangers by AndrewMercein and hisfamily. Under these auspices six years since, John A. Barry came to New York, accompanied by.a younger brother and sister; he was a widower of allowed talents—professed to have relinquished business at Halifax, (where he had liv- ed twenty years,) after the death of his wife, about which time he had met severe losses, which had reduced him from afiluence to merely competence, which was well known to us all. "That he had re- solved to leave Nova Scotia and would settle either in England or the United States, and was on a tour He finally concluded to settle in to determine. New York—talked of putting his four daughters (who were at his father’sim iy ten Scotia,) at a celebrated boarding school here, and left tor England in the spring of 1834, to airinge some plan s son, who had been several years in Scotland hing his education. He returned in the fall— ecame engaged tome. 1 wasled to conclude from his manner before me and my family, and the high character given him by his brether and sister, 0 seemed so to look up to him, that he was all that could be desired. The engagement was sanctioned by my father, and his consent for our marriage giv- en, to take place in the spring of °35,provided at such time the arrangements } t Barry leclared he had yet to make respecting the final closing of his busi- ness, &c., would involve no longer than a year’s residence in Nova Scotia, after which he was to set- tle for good in New York. Mr. Barry returned to Nova Scotia—corresponded during the winter-— came in the spring, and we were married in April, Thus Eliza Ann Mercein became united to John A. Barry, and, consequently, the step-mother of his five children, who appear to have been much attached to her, and were (with the exception of the son) at the time of the marriage, at Liverpool, N.S., whither Mr. Barry carried his young bride, end they resided there together for a year, when he sold his property and returned with Bis whole family to New York, having with him about $1200 or $1400 incash. Besides this, the maternal grandfather of his first wife’s children had died, leaving them pro- perty valued at $13,000. Mrs. Barry returned to the scenes of her childhood, but not as a joyous wife, for with all her husband’s high qualifications she appears, (judging from her own statement) to have realised the idea of Byron in his unhappy ones: “They tarn away—iel —siek— ee ore roene affections have ran to waste, To produce plants whose {rit is torrow, misery and desprir.” __ Weare sorry to say this, as Barry, generally speak- ing, is a high-spirited, fine fellow, but there oe be some cause, and a strong one, too, to have weaned from him the apparently once warm affections of such a woman as Eliza Aan Mercein. Although strong effort is made in the affidayits to add charges against him of a different description, the great cause of trouble seems to have Boer’ that he was determined to be ‘master in his own house,” but, then such a master as was cal- culated to drive from it every thing like heart-felt friendship and affection. We present one or two more extracts from the wife's affidavit:— “The first serious altercation that occurred at Li- verpool, was in consequence of my remonstratin, with him on his harshness to his daughters Celia tod Sarah: of course I did not do it in their presence. Tcalled this serious, because he continued very an- gry; would not sit down to the table all the nexi day; and it cost me much entreaty and submission ere 1 could appease his wrath. I found him a man of high passions, irrascible temper,and of a domineering spi- The following extract also shows a determined husband and an obedient wife: “My physi prescribed either cream of tartar or brimstone for me, when indisposed in January or February, When Mr. Barry returned to my room he brought a cup of sulphur and mol: ready mixed. Isaid J preferred taking tartar—that I could not take that—never conld while a child, when the other children took it. Hesaid it was all nonsense; that the doctor said either would do; and now it was bought I must take it Ttold him I could not— my stomach would immediately reject_it. He de- clared I should; and I was roused, and Said I would not. Hesaid he would be master in his own house, and left me threatening. This wasin the afternoon; nn before bed time, Celia, his daughter, came and said her father wanted to know if I had the medi- on $ ie if Thad a, Laren not x in t at his so speaking of me to our ‘sim answered, ‘ Tell your pa you told me,’ and she ana tobed. I stuid till about 2 o’clock, when fearing he would get cold lying on the sofa, (for it was bit- ter weather,) 1 went down stairs, after making se- veral inefleciual attempts to take it; for 1 had be- come, as the phrase is, set against it. In vain Len- treated and explained, and at last asked him if he would be satisfied if I took it, and he saw that I could not retain it; to which he said, * No, J show swallow it and keep it there.” We retumed with scorn my fears that he would take cold, as my ob- stinacy alone he said, prevented him from we in his own comfortable room ; so I left him, te! ng him I would go in a spare room, which | did. ani begging him to go up stairs, [ passed two bitter hours. 1 had loved him devotedly—I had made aa idol of him ; and though day by day | saw him rob- bed of some charm with which my fancy had in- vested him, *twould have been my ‘happiness such, if fairly conducted. As hil. he wes wiking that she should keep the girl, he take the boy. He says: “In coming to the ee T have, 1 feel, and indeed know that I can, | T please, stand on my legal rights, and while Violate none of yours, be only acting on my own, in requiring both of the children. In tenderness to ee hewever, as well as compassion for the child, voluntarily surrender all claim to my dear, my sweet babe, though I have my doubts if I be doing in this what is strictly my duty toward it. If you cam, you are at liberty to enter into the feelings which, for the sake of my future peace, induces me to e such a sacrifice as Tus.” He requested she would return him all his letters, her wedding ring, a writing. desk he had given her, and his min ture. She was willing to give up all’but the min ture, which she said she wanted to keep for her little Mary ; but, by the advice of her friends, that, too, ye" Temorad Piast _As to the father, r. Mercein,) he complai bitterly of the course which has ie umeed in ed lation to his family, and the great expense (already still to have closed my eyes and continued | about $1,300) caused to him in the various suits to dream on ‘Che awakening was too bit- | which have been entered—also of their being sud- ter. I at last, resolute in despair, and urging to | denly dragged, by Mr. hag for the purpose of an- noyance, to Saratoga and y, to answer before the Chancellor the Supreme Court, the numer- ous writs of Habeas corpus, &c., which have been got out. He has given to his daughter and her child a home as was asked of him, but she is her own mmistress,fand at liberty to go wheresoever she myself that he could not well retract, as he was the head and master, again went to him, silently stood before him, took the medicine, swallowed and re-swallowed it, till the determined retention of it succeeded, and I sunk faint on the sofa. I had been for some weeks considered by an able phy- sician and Mr. in great danger of | m leases, without hindrance or molestation from life. Ihad swallowed a large peach stone, aia im. 5 caused internal obstruction, and unless nature aided | | An agreement, drawn up by Mr. Barry’s own me, human aid was unavailu Some days! could | hand, was signed, sealed, and executed on the 7th be up, and again was in dreadful anguish and con- | June, 1888, by which it was stipulated that Mrs, was to Tetaim possession of the two children till the 1st of May following, at which time Mr. Bar- ry was to have the boy, should he demand him, and Mrs. Barry the girl, should she decide to live sepa- rate—and that Mr. B. would renounce all claim to his infant daugnter. This was Te, by himself, Mrs. , and Mr. Mercein: the boy, under fined tomy bed: this was the reason of the physi- cian’s attendance, and of the medicine being pre- scribed.” Atbed time he brought her more sulphur, and told her she should take it twice a day as long as he thought necessary. ‘I told him J should take no more, andturned over on my pillow. He left the room. I thought about it luded I ight, | the provisions of that agreement, most unwillingly. and remained alone.” Mos ewer yewattle eae and with deep grief on the ie of the mother, dele When she went down to breakfast next morning, | vered to him when req |, She sy; ing that she she found that Mr. Barry had already taken his, and gone to the woods to cut firing. He returned with aload, but did not come in to see her; his dinner was kept warm against his return a second time. He refused to go where his wife was, but eat it in the kitchen. | She says—‘*I went to him, attempted to say Pas. | about his day’s work, &c. ; he re- pulsed me roughly. I glanced at the servant, and asked him in a low tone to come up stairs ; that we could not talk before Dolly. He said there was no use in talk; he would never go up stairs till I be- haved myself, I said I meant to, and he followed me. then wept very much ; told him how much 1 suffered from his anger ; how wretchedly sick, in my situation, the thick mixture made me ; that he knew T had but one chance for lile—a few weeks would soon decide, and begged him to get some sulphur and mix if with milk, so that it would not cause such distressing nausea, and I would take it so long ashe said so. His Sager at this request was awful; he reproached me with equivocation, said that [had deceived hiv, that the very children and seryant said I was wrong ; and was going out, when I yielded, made him the required promise, and from that time did as he bade me. Mr. Barry after- wards told me that, if I had not yielded he would never have lived with me—that he was determined to leave me, and that I might have remained or gone home, just as it suited my pleasure. From that time until again safe in my father’s house, I never disobeyed his orders.” * . Many similar scenes, as to command and submiz- sion, are shewn after the arrival of the family in New York ; a serious one about a fortnight after her first child was born, which was on the 29th Oct. 1836—also one on the occasion of their girl (Dolly, who had come with them) going to leave,on ac- count of the work being too hard. Mr. Barry a cused his wife of ill-treatingiher. ‘My answer was: ‘Thad notreproved her. 1 was satisfied as far as she went. What she did pleased me.’ In the course of it he told me to hold my tongue, called me insolent, and asked me how I dared to answer him. I was at least free-born, and this stilled my trembling, [calmly told him Thad aright to defend myself; that insolence was from an inferior to a superior, but that ] was an equal. This was the word too much. He appeared absolutely demo- niacal. When‘ he could speak he did, and exclaim- ing ‘there could no more be two equals in a house, than two Gods Almighty in the universe, and I should find it so’—left me.” z This was when they kept house in Morten street. For some days afterwards she could only see him at the breakfast table, when he would talk pleasantly to his daughters, but sight his wife, and make his daughters act between them in passing and receiv. ing his cup. She says, * after a week I thought I would purchase peace on any terms. Mr, ry came in, and wen! toa room onthe same floor wit mine. I waited till I heard him lay down and then Iwentto him. I wept, I ig = him, Ttook all the blame, and allin vain. His only answers were, would be allowed quiet possession of the youngest child, the one now sought to be, recovered by Mr. ant! He, at a subsequent period, however, suc- ceeded alse in getting the Vacs centering, with a friend, {the house of Mr. Mercein, on a Sunday morning, while ‘the family was at church, going to his wife’s room. tearing it, notwithstanding a des- perate struggle on her part, from her arms, and going off with it. On being pursued afterwards, he vas compelled to take the child through the scuttle of the house in which he was, get over the roofs of some adjoining buildings, and escape through ano- ther house, after which he took the babe into the interior of New Jersey, but it was eventually recov- ered by the mother, who still retains its possession. When’ the case was carried before the Su- preme Court, Judge Brown. declared that the wife had notfpresented a sige of evidence im- peaching the character of Mr. Barry, or showing his unfitness for the care and custody of the child. The law wisely gives such to the father unless it can be shown that he would be an improper person with which to entrust it. Mr. Barry will probably re- move the child to a foreign country, but that is no reason why he should not possess it. ‘ On looking into the affidavits,” said Judge B., ‘‘ we find that Mrs. Barry entertains suspicions against her hus- band, and complains of unkind treatment. Her sus- picions are wholly unsupported by proof; and if we read her complaints, in connection with the rebut- ting evidence from other sources, we cannot but see that she was as much in. fault as her husband, in the angry controversies which sometimes sprung between them.” The covenant of the 7th June, 1 Judge B. declared to be illegal—‘ It is simply a covenant between husband and wife, who are notcompetent to contract with each other” A de- cision was given in his favor, and the question is now carried upto the higher Court sim ly on the merits of that agreement. By its terms Mrs. Barry felt herself bound to deliver to her husband her boy (her first-born), even while her heart was breaking —and the question is, shall he also be compelled faith- fully to preserve the solemn covenant he had en- tered into. Barry acknowledges that he covets possession of the child in order, by the means also to secure the company of the mother, wisely thinking she will be drawn towards herchildren, even if she will not follow him. Our own opimon”is that they ad better kiss and make up—that the gentleman should cultivate the kind virtues rather than the austere and “indomitable” ones—let her, through his conduct, again be enabled to feel that she “loves him devotedly,” and while they recline on one pil- low to rest, again ‘close their eyes in peace and dream on in happiness.” Legislature of New York. Fripay, August 27,.—The resolution from the Se- nate, which in effect postpones the sale of the New York and Erie Railroad by the Comptroller, until the first Tuesday of May next, was taken up and passed, yeas 90, noes 22, t. House then went into committee of the ‘leave me. Isay leave the room; you are my equal, | The ¢ ¢ ee of | ? i | whole on the Senate bill, to divide the State into Hh bie Seiced his Suites ani bes if” Poe nee Congressional districts, as amended by the commit- tee of eight. The first and second subdivisions erecting Suffolk and Queens, and Kings and Rich- , mond into separate districts, were passed over with- out objection. The following divisions of this city, as proposed by the committee, were then taken up. The Ist, 2d, $d, 5th and Sth wards to cynstitute the 3d district ; the 4th, 6th, 7th and 13th, the 4th ; the 1th, 15th, 10th and Ith, and the 3d election district in the 17th, the fifth; the 9th, 16th, 12th and 17th, (except the 8d election district) the 6th distriet. Mr. Townsend was in favor of the Senate bill.— Messrs. McMurray, Wier, Grout, and others, consi- dered this division as calculated togive as entire sa- tisfaction as any other. Grout in order to. test the sense of the House in relation to any division of N. York whatever, i ot that it should consist of one district and be entitledto four members. O’Sul- livan considered this amendment as involving the question of a compliance wat the mandate of Con- ress in regard to single districts. f Hoftman, Davezac, and others, followed on the same side, When the question was taken on Grout’s proposition, it was rejected, 26 to 48. Other amend- ments were proposed and Jost, and the division of the city, as by the committee, were agre to bya vote oo to oa The eget districts were then passed over without objection :— ‘Westchester and Rockland—Putnam and Duteh- e and Sullivan—Ulster and Delaware— Columbia and Greene—Rensselaer—Albany, ‘Washington and Essex coming next. After which the House adjourned. The Senate met and adjourned immediately after. go out of the room, he would go out of the house, I returned to my own room, and prayer was my re- fuge from madness. Another week passed on. Once only did he answer me.” But we find we are making « very long story of what we at first intended should be avery short one. Suffice it to say thatthe wife complains of harsh lan- guage and conduct being exercised towards her on repeated oecasions. once or twice when Mr. "8 son, Hoosa (a pea ros man of twenty two: w! had retarned from Europe, and was living with them in Morton street. and one or two others of Mr. B’s relations were. present. There are also general charges as to intemperance,but only one instance of such has been adduced: about ten o’clock one eve- ning when he returned to his home, threw himself ona sofa, and had evidently taken too much wine, he did not appear to know Mrs. B. when talking to her, calling her by another name, not Eliza nor “Lize,” as was his usual custom, and so spoke and acted as evidently to have caused a touch of jea- lousy to his wife, she finally humoring him in the idea that he was talking to some other woman, and assisted himto his room. On the whole, however, the charges in this respect do not to have much weight, and: seem rather as fillings up, than otherwise, in the general scene. Her first i ia as to intemperance was in the early part of 1837. In respect to business matters, it appears that Mr. Barry, with the assistance of Mr Mercein (who ad- vanced, from time to time, in cash and en- dorsed to a still larger extent) bought out the stock and stand Fob peg dha i ad Saeliwnet are ery-ware dealers in the upper part roadway, an Louisville menced business in that line. This was in the ea fall of 1896. ‘The undertaking, however, proved to (Correspondence of the Herald.) Lovisvmute, Aug. 19, 1812. Suicide— Theatricals—Fight— The River—Lard Oil, be an unprofitable one, and, in September 1837, he was compelled to make an assignment to Mr. Scharef and Mr. Mercein for the benefit of all his creditors, and the stock and stand were resold to the parties from whom they had been bought. In the latter part of 1837, Mary M. Barry, the child who has been the subject of so much rae was born. During the winter of 1838, Mrs. Barry proposed to her husband that she and her children should go to her father’s, in Laight street, and that he should take his first wife’s children back to the house of their grand-father, at Liverpool, N.S. He was willing to accede to such an arrangement, except so far as related to Mercein, their boy, whohe declared should ‘o with him wherever he went, and she might take er“ brat” to her futher’s. He was determined not to stay in New York, and believed he should, go to Canada. She had no idea, however, of siving up either of her children, if she could help it, and lai open the whole of her troubles, as she states, to her parents. Her father applied to C. W. Sandford, Esq., a counsellor of this city, to ascertain if, suffi- cient ground did not exist in thatrestment his daugh- ter had received, to procure a legal separation, and the answer was favorable. When Mr, Barry found that his wife was determined to leave him, she says he changed his ground, implored her, by the most earnest supplication that she would not abandon him to certain destruction, prevailed on her to try him again, which she consented to do, provided, he did not ask her to go from New York. “ But our pecu- niary embarrassments,” she says ‘became so prees- &e. On Tuesday evening, shortly after dark, Mr. Francis Arthur, formerly of Baitimore, terminated his existence by blowing out his brains with a pis- tol. He had been book-keeper for Nefl, Wan- ton and Co., for a number of years, also in the same house for their successors, Bird and he pa for M’Grew and Stewart, who eded them, up to the time of the latter closing business, which has been about six weeks since (n the evening of the fatal catastrophe, he sat Sonversing with an old acquaintaince at the front door, a few moments be- fore the perpetration of the awful deed. He left his companion and jed towards the ceunting room, as the lattersupposed to get a drink of water, when the loud report of a pistol told the consum- mation of the fatal deed; | his companion imme- diately rushed to the counting room, and found Mr. Arthur stretched at length on the floor, one hand by his side with the pistol lying on his arm, the other across his body. ‘The ball had entered near the right eye, tearing off the whole right side of the head, and scattering the brain in that portion of the head, in every direction ; a large mass fell some distance behind’; instantaneous death must have followed. Mr. Arthur was past the meridian _ life. He was an excellent accountant, and faithful in the discharge of his duty ; but unfortunately was ne ap 7A Harty. § is ded dat seed Le to | habituated to ge of artificial i Nova Scotia, an my two children, to m rating upon his neryous system, prod Inther's, house, with hie free Consent in April, 1838, | unkappyrcatastrophe. fe had previously made se- veral {utile attempts to take his hfe ; at one time he was prevented by the entrance of hisemployer, who seeing the pastor ing on the table, asked him what he was doing with it; he replied, that he “ had been trying to get it off.” Mr. S. then took up the istol, and after fixing the priming, int pear 1t— Mtr Arthur was ani with him for loing so. Other stories of a like character are told of his en- deavors to put an end to his existence. Care had been taken to conceal the arms of the house from him. Alas! their caution was of no avail. Dinneford and Logan have dissolved—the former retains the management of the National theatre at Cincinnati, the latter intends to rusticate near Co- and with slight prospect and with scarcely an ex- pressed expectation of any future re-union.” After an absence of three weeks he returned un- expectedly, unannounced, entered his wife's bedroom. He was treated politely by her family.— During the night he informed her of his intention to settle again at Liverpool, N.S., wished her to go with him, and to ask her father to assist him in starting business there. She at first tried to parry the request. dreading the loss of her boy, but in vain, she mustcome to a direct answer—She says, “Then thinking onall my dreariness and su 5 at Morton street, though alleviated by the kindness of my family, and realising the dreadful home to which a disappointed man would take me, I ex- claimed, I would rather part at once.” He went out about 10 o’clock, telling her to think of his proposition. At 4 or5o’clock he came back, and said he had sent his trunks to a ing house —he said he was going to leave her forever, and should take the boy with him to Liverpool. He paced the room, but she hung on his armentreating im not to go away, but he shook her off on her re- fusal toleave for Liverpool, and went out. She wrote to him on Monday, but did not get an answer till Thursday. He spoke, in turn, of sufferings and wrongs; tol that he had returned in accordance with the plan*laid dewn in Morton street previens to hisdeparture—that he had admonished her ten- derly against driving from herself a husband, from her babe a father—that since leaving her on Saturday he had been near sinking altogether and becoming entirely prostrated, but the feeling had passed away; and, as she had chosen it they now part for ever.— ing that adivorce should be obtained, would facilitate her attempts at — , @ quiet of our streets was disturbed yesterday afternoon by two billigerant young gentlemen, one ot whom snapped a pistol at the other, after they had been parted from their “‘set to” at fisticutis; no se- rious injury was done to either party, save a pair of black eyes which one of them received in the fight, asa remembrance of theirlate contest. The river has for a few days back beenrising slow- ly. Our wharf presents 4 gloomy business aspect. Flour is selling at Cincinn: for $8 to $3,50. At St. Lou b as low as $2.75. Lard oil is fast superceding sperm, and the candles of the same material are coming in general use, in referance, both to low and sperm, ‘There are two manufactories for making rd oil, and the star candles, Chis sre eae ie iocinnati, and one in Lexington, 4 3 there is also a project on foot for the establishment of one or more manufactories of a like purport in thiseity. Got, ye cripples! hard times worse ® coming. Yours, &e, Hawn-nye. He was willi if possible, an Intelligence. Arrenvrep Escar or Moxnox Epwanps.—Cir- cumstances have transpired within the last few days that led to @ belief that James L. Winfree and Sam- uel A Suydam were concerned in aiding and abet- ting in the recent preparations of Edwardste escape from the City Prison. They were accordingly ar- tested by officer Peter B. Walker, and after a full investigation of the circumstances yesterday, Suy- dam was adinitted to bail im the sum of $2,500 which was entered by William Harrington, and Winfree in the sum of $1000, which was entered by J. L. Mason, Esq., his counsel. The instruments of which we gave an inventory some time since, were conveyed into the prison by Napoleon Wool- dridge andjWinfree, as is alleged, by the instigation of Suydam. There is something strange in this bailing of Winfree that we cannot exactly under- stand, but shall take occasion to enquire into it most particularly. Tur Frevcn Commissioners were invited to view the various public piers and slips ef our harbor yes- terday, in company with the Mayor and Common Council, on board the steamboat Jacob Bell. A number of the officers of the steamship Gomer were present, as well asa few invited guests. We looked about,expecting tosee Ex-Alderman Shaler, the only gentleman in any way even “distantly connected” with the Common Council, whe speaks the French language fluently, but he was not present. "Tis quite time that those whe have charge of the city property should bestir themselves on the subject of securing to this port the advantage of the contem- plated line of French steamers, as Boston has even offered one of their best public piers, rent’ free, be- sides holding out many other inducements to prompt the Commissioners to give that city a preference. If that port is selected, it will be the fault of our Common Couneil alone. So, gentlemen, wake up. A Senator Lineicep.—The Hon. Samuel M‘Ro- berts. a United States Senator, from the State of Il- linois, now igthis city, at the Howard House, ap- peared at the lower police office yesterday, and ehtered a complaint against Signor Orazio de Allel- lis Santangelo, for publishing a pamphlet of sixteen pages, headed ‘* A Circular to the World,” and ad- dressed ‘*To Samuel M‘Roberts,” in which he al- ledges that he is wickedly and maliciously libelled. The foundation of the difficulty appears to have com- menced in a loan of $553 obtained by Santangelo from M‘Roberts, upon certificates issued under the treaty with Mexico, and which are signed by T. S. Smith. The value of certificates pledged appear to have been about $2000. ‘Tue Comnar between Sullivan and Bell, for $6CO0 comes off on Monday. The betting is 100to 90 on Sullivan, who is considered the favorite. The Champion’s belt, manufactured of fine silver, which cost the sum of $80, and which is to be presented to the victor in this mill, can be seen at Tux ArgNa, 29 Park Row. é BrewngiL Guarps.—This new corps of citizen volunteers parade. for the first time on Tuesday morning on the east side of St. John’s Square. They intend to turn out 150 muskets at least; and for soldierlike appearance, it is said their equal has not been seen since the days of war's alarms. They visit Harlem on a target excursion in thea noon, and the sharpest shooters in this city will be among those who contend for the various elegant prizes. Triep sur Counpn’r Comz.—A black fellow, named Wm. Evans, was found seneiy Sowed be- hind the street door of A. C. Hull, 17 Broadway, on Friday night, where it is sapposed he had placed himself to steal as soon as an opportunity would offer. He was committed, Brovent Bacx.—Bill Porter, alias Jack Randolph, who escaped from the city prison some time since, MRT Amie rm rought back to his o| ings on it officer Peter B. Waker Who was theta that let this rogue loose? Who knows? Suppex Dgatu.—A young man, named Adam Huyler, a ship carpenter by trade, who has resided at Walnut street, was found dead on Friday evening. The Coroner held an inquest on the body, and the jury returned a verdict of death coa- jestion of the brain. Rum anp Rowprism.—Five men who profes to be gentlemen, but who lost that character on Friday night, entered the Porter House of Mr. Grafft, Broad street, and after calling for and eatables refused to pay, raised the devil, kicked uparow, and broke things. ‘heir names are John Henry Mor- ratt, Charles Foley, John Foley, McDavid, and Edward Cross, and they deserve to published as a caution to others, who may be prompted to do likewise ea a spree. Always pay for your liquor, and never kick up a row jna porter house. Stotg A Door Key to Srea. Somerume Ersk — William Waters, to make a raise and not to com- fa aaary gn the eye of Judge Lynch, stole the feet key of. reh’d eget ap of If ee st., ut was, unfortunately for the gentleman, cat the act and sent to mon to answer the charge. Got Asterr anp Got Rossrp.—One William Wilson, of Paterson, N. J., undertook to take a snooze on the pavement in one of our by-streets on Friday night, and Walter Moore and William Hill took the liberty to take the gentleman’s pocket book with all the contents, in Jersey notes and Philadel- phia shinplasters. ey were both caught yester- dayand sent to quod to answer all charges against them, A Pustic Inroxaer.— It will be remembered that a few days since one of the accidental constables of the Sixth ‘Ward, named Martin Waters, knocked down and beat a defencelees woman in such a man- ner that her life was then despaired of. A man named Jacob Baliwin, who saw the transaction, and who keeps a porter in the ward, was call- ed upon asa witn we his testimony before the police. Since then, by way ot revenge, this wales, with another man wentto his premises and called fortwo glasses of liquor, which they drank and paid for, and yesterday Baldwin was errs before the Mayor foreelling liquor without a license, and fined $50. This was revenge truly. ‘ Ten Days Later yrom Brazit—Somewnat In- PorTANT.—We have in our possession, the Jornal do Commercio, published at Rio de Janerio, to the 10th ult., being ten days later than received by us a few days since. The insurgents at Tamandua had been defeated by three hundred Imperial troops. Orders had been issued by the Government to put every rebel to the sword and burn their property. After the rebels in Menas (araes destroyed the bridge at Parahybuna,they entrenched themselves in a valley near by,where the Imper alists attacked,and completely routed them. They fled precipitately, leaving behind them, arms, money and provisions. All the.northern provinces were quiet at the last accounts, It appears by this intelligence, that the Empire of Brazil is far from being in a settled state, although to the latest date the Imperialists had obtained all the advantages. Late rrom Montevipro.—Dreaprer Serwrec. By ouradvices from Montevideo to the 17th of June, we learn that a French ship from Bayonne had been lost at Castilhos on the 16th, and two hundre lives were lost. To ur soup ovr at Last.—The Secretary of State of Pennsylvania advertises in the United States Gaz- ette, for proposals for the purchase of the common- wealth of all the railroads and canals belonging to theState. Each individual or company is required, specifically, to state the particular line of canal or railroad which they desire to purchase, and the amount of their respective bids therefor. Proposals will be received till the last day of November. They are to be directed to the Secretary of the common- wealth, and endorsed proposals for the purchase of the public works.” State stock will be taken in payment, at the par value. Mat. vor Excuanp.—The steamer Columbia, Judkins, from Boston, arrived at Halifax, on the 18th inst., in 41 hours, and cleared the same day for Liverpool. The Britannia, for Halifax and Liver- will leave Boston next Thursday for the eum port. Her letterbags will close in this city on nesday. News.—Adams & Co., Harnden & Co., and Po- meroy & Co. will please accept oar thanks for late papers. An express of the latter, recently run from Albany to Rochester, a distance ef 296 miles, in 11 hours and 26 minutes, fry The great book trade sale commences to- morrow. Siaaueegene: Veny Wenw.—Mr. Tappan, of Ohio, says that he voted for the treaty.