The New York Herald Newspaper, November 24, 1842, Page 2

"YORK HERALD. New York, Thursday, November 24, 1942, To Apventisens.—Mr. J. Lirrce is authorised to collect ements for this paper, ani receive payments for atthe same prices charged at the desk of this The Recent Mlcctions—Philesophy of Po- Littos, people of the Uuited States are the sovereignty of the United States, and whatever conclusions they ite at the annual elections, ought to be to the 1 nages, from President down, the his phy teaching by even more pt present year, we have had elections in 26 States, in the result of which the pre- ind their policy, including also, in a less aspirations of candidates hereafter for acy, are all more or less involved. To llect and moral principle—to intelligent n of int ints, manufacturers, and farmers, of all ses, these elections afford a better chart for the » than all violence, absurdity, nonsense, tuperation of the prints of both parties. It is rn flict between the two parties, and the s obtained, that statesmen should draw their onelusions regarding the existing sentiments of » the policy to be pursued, or the events will follow Che recent elections, compared with those of late fur years, rish data on which to form very accurate ) some points—very incoherent on others. at deal of labor, we present the follow- ing table as the mearest approximation we can yet make to the absolute results obtained at the recent elections. It may be incorrect and incomplete in some of its details, but it is accurate enough to form the basis of general reasoning and future calculations en the destiny of men, measures, and parties: — 4 294 31.991 39,586 D-moera id 34,528 16,316 D--moeratie. 11.933 3 0 7 1 7 0 “6.088 9413 Waig majoxity, * Official retarns not yet received. Porvas Vores tw tur Ustox. Aggregate. Whig. Democratic, Whig Dem. ‘maj. maj. - 25 876 108.010 - 110,693 = — 38,821 23 66 493 - 2 - HAO 3 859.962 939,767 69,755 vote, 1810 SAR ABA, 17. 300—1842, 26.157. ese results,obtained at the ballot boxes through- out the whole Union, fora series of years, present Rh ot facts that lead the mind to various con- ¢ ons. Daring the Presidency of General Jack- ‘on, there was a uniformity in the election results, always in favor of the democratic party, that is at once curious and significant. Daring his eight ye parties were engaged in a constant conflict Wenp’s Case.—Yesterday Col. Webb was visited by many of his friends; but he is evidently not in the right frame of mind yet for a pardon. He needs many more prayers yet. But we are puzzled what clergyman to send to him. We thought of sending the prophet Joe Smith, buthe’s introuble, We thoaght t senaing prophet Miller, but he’sin trouble, ex- peeting the end of the world shortly. Under the circumstances, we think that we'll send Bishop Hughes; but then he’s $0 busy demolishing the Rev. David Hale thathe basn’t time. Upon the whole, therefore, we think chat we'll send the Rev. Margaret Bishop to higt, for she has a tongue as smooth and as plausible as Satan himself; and if her powers can’t bring him to the right frame of mind, his case is hopeless. In the meantime, our petition for his pardon is setting on bravely at this office. ‘There were alarge number of signatures to it yesterday, but most of them signed it with a proviso that we should next week get up a similar petition for the prize fighters, which we suppose we shall have to do, for their case is even more venial than Webb’s; they didn’t intend to killeach other, but only went out to de- cide a bet, while Webb and Tom Marshall went out tosee which could plump a bullet through the other. Therefore, after Webb is pardoned, they ought to be pardoned too, Fair play is a jewel. What is sauce for the goose is sauce for the gander. Jn the mean time, we have received a long and very belligerent looking correspondence between Col powder, but which we have not had time to attend to yet; but we are very fearful that something bloody and serious may spring out of it as soon as Webb gets out of prison, Therefore we hardly know what the Governor is todo. Between the Colt business, and the Sheriff, and Webb, and Henriques, and the prize fighters, he will have hishandstull. He had better, theretore, send down three or four blank pardons, to be filled up by the parties themselves, as he cases may require. For our own part, we know not what todo, We are fullof trouble,and full of business. What with par- dons,and duellists,and the devil and David Hale, and prize fighters, and Bishop Hughes, and the Governor, and the Sheriff, and Colt, and the clergymen, and the burning of the city prison, and the burning of the world, we have so much on our hands that we really wish Father Miller would postpone the end of the world, as Felix said to Paul, “to a more con. venient season.” Still we must call on all our friends to come for- ward, and sign Webb’s petition for pardon; for we shall want them all next week to sign a petition for the pardon of the prize fighters now on trial. As for poor Webb himself, we will do any thing in our power to comforthim. We have ordered him wine and segars—but that has no effect. We will even consent to send him our barber, Jem Grant, who will shave him smoother, quicker, and easier any than one living. And we have even put him on the free list,and sent him the “Herald,” in order that he may learn the news of the day. For he can’t, by any possibility, know the news of the day through his own paper; therefore we have ordered the Herald to be sent to him for the remainder of his term of imprisonment, whether that be in Sing or elsewhere. Tue Poor, ano THs Approacuinc WINTER.— What is to be done with the poor on the approach of winter? What measures are to be taken to re- lieve their sufferings? The winter is expected to be unusually severe. The Alms House is full; there is no room for any more there. Every lane and alley throughout the city is full of poor starving emigrants, and others. What is to become of these poor unfortunates during the winter, is a question worthy not only the attention of the philanthropist, principally about the United States Bank, and the State currency throughout the nation. While Gen. Jackson, and the democratic party in Congress, opposed, tooth and nail, the United States Bank, the party in the several States multiplied anks, increased the State paper currency, and created a very large amount of the present State debts. The democratic party, in the years that elapsed im 1830 to 1836, presented the curious position of osing one paper system created by Congress, and creation and inflation of another paper system equally as 1, an¢ leading to as disastrous re is We now see presented to the world in the of repudiation. In 1836, Mr. Van Buren vod the democratic party obtained, asusual, a ma- rity opular vote, but in 1837, when the vast vad complicated paper bubble, produced by the de- mocratic party itself, together with the aid of the whigs in a certain degree, began to explode, then commenced the great and remarkable changes in the political action of the people, which are seen in singular fluctuations that took place for a period ars from 1837 up to 1842. During these last ars, the whigs have obtained large popular majorities, three years out of five. In the two years when the democrats obtained the majorities, it is th of five y five ye very evident that the results were produced by » masses of the people (mostly whigs) staying .way from the ballot boxes. In the recent election, sen so overwhelming in favor of the democrats, the aggregate popular majority is only , compared with the majorities of the whigs in gna revious years Now the questions arisiag on these facts, are— what are the conclusions they must lead the mind to, in regard to a right interpretation of popular opi- nion on public measures and men ? The first conclusion that we come to, 1s the posi- fact, perfectly demonstrated by the elections for of years, that a large majority of the people nuntry are of that party that may be called chig—that a large portion of this whig party are 1 to paper money,the United States bank, aad state stock system—that they indicate sir hostility to such measures, not by voting with smocrats, but by staying away altogether from t there is a large majority ef the aggre- gute nunber of the people, composed of the demo- asi f this rats and a portion of the whigs, opposed to the r money system, issue of state stocks, and that fiaance in all its features—that the whigs, isa party, led on by proper men, and so managed isto bring out all their strength, have a large ma- rity in the nation, and can elect the next Presi- deat, if a suitavle person is presented—-that the , however, that the divisions, folly, of the whigs among each oter, will Presidency to ‘the democrats—and that the various ¢ligues into which the two parties divided, may create a great deal of confusion are as to candidates and measures, and thus leave a door open to the abolitionists to decide the next Presidency We believe all the conclusions are fully made “ctions for a series of years ndicates most accurately that the policy of the neral aad State Governments—the several politie out by the results of th. It it cal parties—the various leaders and aspirants—are allin a sate of great confusion, change, conflict and transition. One thing is certain, if ali the whigs unite, in harmony and order, throughout the coun- try, they can obtain the Presidency and the Govern. meat in 1844, but with such violent newspaper or- gans asthe “ Courierand Enquirer,” and the “ Ame. ot New York—and their echoes in Balti more, Boston, Louisville and elsewhere—with such violent leaders as Botts, Mangum, Stanley and their assoetates in Congress, we do not believe they ever can produce harmony enough again to bring out the whig vote, or obtain a majority at the ballot-box In euch a case the chances are in favor of a resto- ration of the democratic dynasty, with its common sense instincts, but its corrupt and deceptive lea ders rican,” Tux Coxstirurion iv Ruope Istaxp.—The yo- ting for the Constitution in Rhode Island went off very quietly on Monday last. In 13 towns the vete stood :—For the Constitution 2197; against it’3. The vote about admitting blacks to vote stood thus Jmit blacks, 1072; against admitting them aa but demands the immediate consideration of the Corporation. It is true that for some time past the weather has been unusually mild and favorable; but that leads us to think that when winter at last sets in, it will do so with great severity. Then, we ask again, what is to be done for the poor? There is more distress in the city at the present time than can be well imagined ; and these who have the ma- nagement of these matters willdo well to look to the affair at once, and make immediate preparation tor providing for the poor. Tne Corr Excrrement.— The enquiry meets us at every turn, “Is there to be no legal investigation as to the negligence which caused Colt’s death 7” We trust there will. We trust that after the firm man- ner in which the Governor resisted all the appli- ances that were brought to bear on nim to get Colt clear of the gallows, that he will finish the good work by making a thorough investigation of the whole affair, and punishing those who deserve it. The excitement still continues to spread over the country. We trust that we shall have no more such trash as we saw in one of the morning papers yesterday, that some of the papers are endeavoring to create a bad feeling against Sheriff Hart. This is idle talk. No one is desirous to create any bad feeling against him ; we have the highest respect personally for Mr. Hart ; but that cannot and shall not prevent us from criticising his public acts; and especially the late extraordinary one of allowing a condemned mur- derer toescape from the gallows by his (the She- riff’s) negligence, to use the mildest term. At any rate, eur own private feelings have nothing to do with this matter; the public feeling has been outraged, public justice has been trampled on, and unless a thorough judicial investigation takes place, we shall review the whole matter ourselves, and speak ina language that may be far from pleasant to some of the parties concerned. Let the whole affair be fully investigated and exposed. Twick —We again demand of the ‘ Tribune” to give us the names of the two magistrates who fur- nished them with their story about Mary Rogers! Twice. Max Bonrer’s Concert —Do not forget that this most distinguished artist gives another of his bril- liant concerts at the Tabernacle on Friday evening next. Lake Storms, &c.—It appears by the Rochester Post, that an immense quantity of snow has fallen in the western part of this State. Two feet was the average depth between Buffalo and Lockport, and sleighing excellent. Onthe upper lake the storm was very severe—rarely, if ever, so terrible. All the canals were touched, and the packets on the Erie and Genesee are laid up. Mons Sow.—Two inches in depth in St. Louis on the 11th inst. Navau.—The U. 8. Schr. Fleet, Lieut. Morris, arrived at Charleston on the 16th inst. Dear or Corpova —During the fight at the So- lado, Gordova, one of the most inveterate and dan- gerous enemies of Texas, was killed by a man named Adams, of Guadaloups Importation at New Ortgans.—Some six hun- dred psssengers from foreigu portslanded at New Orleans on the 9th, 10th, and 11th; to which may be added, an equal number of passengers frem dif- ferent places in the United States. Music ror Panries.—By reference to an adver- tisement, it will be seen that Messrs. Schneider & Rehbun are prepared to attend and furnish private parties with masic during the winter by from three to twenty artists at a time. Their facilities are Sreat, and their taste and judgment excellent. They reside at 27 Delancy street, and 124 Norfolk street. Try them. IMPORTANT FROM AxceNtine.—We learn that the Riverista squadron, consisting of a barque anda brig, has been destroyed by a division of the Buenos Ayrean squadron, commanded by Admiral Brown, after a severe action. We also learn that a great stir had been observable inthe Marine and War Departments at Buenos Ayres, and every thing com. bines to induce the belief that an early opening of ‘he campaign was anticipated by the Argentine go. verament Henriques and Col. Webb, which smells of BY EXPRESS. Trial of Sullivan, McCleester, and Kensett— Ned * prague Indicted for Manslaughter. Whire Piarns, Wednesday, 10 o’clock A. M. The Court of Oyer and Terminer convened this morning at 10 o'clock, Judges Ruggles, Tompkins, Lockwood and Vark, upon the bench. Attorney General Barker, and Wm. Nelson, Dis- trict Attorney, on the part of the people. At the opening of the Court, the Lisrrict Artor- Ney stated, that as another indictment had been found by the Court of Oyer and Terminer, against the persons charged with being present at the prize fight at Hastings, on the 13th September, he should move that a nolle prosiqui be entered on the indict- ments found against the same persons at the Court of Sessions, held at Bedford, in the latter part of the same month. Charles Riley, Joseph Somerdyke, Joseph Mur- phy and Hugh Calwell, were then arraigned on the new indictment, and entered a plea of guilty. Riley stated that he had not employed counse!, for the reason that he had nothing to do with the business. Somerdyke also stated that he had no counsel; and the Court requested Salem Dutcher, Esq., to take care of the rights of these two defendants. The names of witnesses were then called, and the Disrricr Arrorney stated that by an arrange- ment with counsel of prisoners, he had concluded to proceed to try James Sullivan, John McCleester, and George Kensett. ‘ Wm. M Price, Esq., appeared for Sullivan, Da- vid Graham, Esq., for McCleester, and Gen, Ward for Kensett. Me. lyon, of White Plains, appear- ed also as assistant counsel for the three prisoners Sullivan, Kensett and McCleester, have just en- tered the court room, which is crowded to excess, and taken their seats on the prisoners’ bench, and entered a plea of not guilty to the new indictment found against them, The Courr ordered that a jury should be empan- nelled, and the Clerk proceeded to call as fol- David Oakley, challenged. Brundage Tompkins, Attorney General Barker here rose, and stated that defendants were not entitled to but one per emptory challenge in the panel, but they could chal- lenge for cause or favor. Messrs. Price and Granau contended that each of the prisoners was entitled to the same number of peremptory challenges as if tried separate, and there- fore the whole number allowed would be sixty on the first count ot the indictment charging man- slanghter. ’ j The Covert decided, that as the prisoners had elected to be tried together, they could not be en- titled to but twenty peremptory challenges; but if tried separately each one would be entitled to the saine number. The counsel for defence took exceptions to the dicision of the Court, which was noted by Judge Ruggles. The Clerk then proceeded to call :-— Edward N. Bibby, of Yonkers, challenged as be- ingon the Grand Jury at Bedford that found the first bill—set aside Alexander Ennis, of New Rochelle, called av sworn, Isaac Tripp, of North Castle, called and a wituess to answer whether he had formed or ex pressed an opinion re!.!ive to the guilt o: of accused. Answer—I have things ought to b count of the fight i 10n from that. The Courrthought that the juror had not ed any positive opinion as to the guilt “ of the defendants. F He was ordered to stand aside | challenge. John Miller, of North Castle, called and Isaac Lefurgy, of Greenburgh, called, « expressed an opinion—set aside. John Bolen, of Westchester, called and sworn. Benjamin Lent, of Greenburgh, called and sworn for cause; has expressed an opinion—set aside. Henry Slynard, of Somers, called and sworn for cause; said he had not formed or expressed an opi- nion—peremptorily em cma and set aside. John Hitchcock, of We.tchester, sworn for cause, and had expressed an opivion from what he heard, that it was an illegal thing, and ought to be stopped. f Quite an argument ensued, in which it was con- tended by defence that the expression of an opinion by a Juror that the prize fight was unfawful, was sufficient to produce a challenge for cause, and by prosecution that such opinion must apply positively to the parties on trial. i The Court decided that the objection to the juror was hardly sufficient to sustain a challenge for eae but finally concluded that he should be set aside. Thomas Beekman, of Eastchester, called and sworn. Benedict Carpenter, of Scarsdale, a Quaker, ealled and challenged for cause. Another argu- ment here ensued relative to the right of challenge and when concluded, the juror was affirmed, ani stated that he had formed an opinicn as to the guilt or innocence of one of the defendants—set innécence id that I thought that all such itastopto. Ihave read an ac- the papers, and I gave my oyin- ice aside. Myron B. Silkman, carpenter, of Bedford, was called and sworn. Alexander Brown, of Cortlandt, was challenged foreause, and stated that he had read the coroner’s inquest, and believed it was true; he had therefore formed an opinion, and was set aside. Hiram Seacord, of New Rochelle, was chal- lenged for cause, and set aside. he Grand Jury here came into Court, presented several bills, and were discharged. One of the bills is against Ned or Edward Sprague for manslaughter, in being an active participant at the death of McCoy. The officers of your city will therefore be on the look out for him. Klias Smith, of North Salem, called—had ex- pressed an opinion—set aside. James P. Turk, of North Salem, called, and challenged for cause. I have expressed an opinion that such things ought to be puta stop to. Peremp- torily challenged—set aside. Noah Smith, of Bedford, challenged for cause. He said that from the fact that prisoners were b fore him, he might have formed an opinion. Cha!- lenged peremptorily—set aside. Holly Newman, of Mount Pleasant, was called. and sworn as a juror, he having stated that he had not expressed an opinion. Coles Carpenter, Quaker, of Greenburgh, had expressed an opinion—set aside. nb Purdy, of White Plains, had also—set aside. John W. Hoag, ot Yorktown, was peremptorily challenged—set aside. Wm. Lawrence, of Marmaroneck, peremptorily challenged—set aside. David W. Knapp, of Yorktown, peremptorily challenged. Joseph O. Keeler, of North Castle, peremptorily challenged. 5 Samuel L. Holmes was set aside for cause. Joseph Schureman, of New Rochelle, had ex reseed an opinion, and was peremptorily chal- jenged. unson Perry, of Somers, was sworn. Jacob Carpenter, of New Castle, was peremp- torily challenged,and set aside. Winthorp O. Hoag, farmer, of New Castle, was sworn, Allen Brundage, farmer, of North Castle, was sworn. John Bashtord, of Yonkers, tavern-keeper, was challenged by the Attorney General for cause, and had expressed an opinion—set aside. John Young, farmer, of New Castle, challenged peremptorily, and set aside. George Norton, merchant, of Somers, was sworn. Leonard Smith, of Yorktown, was challenged peremptorily—set aside. John Pugsley, of Yorktown, was served ditto. Joseph Halsted, of Harrison, farmer, was sworn. Luzern Jilhff, ot Bedford, was peremptorily chal- lenged and set aside. Jared Hoyt, of Lewisboro’,was set aside for cxuse. James Stebbins, of Rye, was peremptorily chal- lenged and set aside. Benjamin Brians inn keeper, of White Plains, was called and challenged by prosecutien for cause, but had not expressed an opinion, and was there- fore sworn. This completed the panel, which is composed of the following gentlemen :— i Alexander Eonis, of New Rochelle, tavern eeper. John Miller, of North Castle, farmer. John Bolen, of West Chester, farmer, Thomas Beekman, of East Chester, farmer. Myron B Silkman, of Bedford, carpenter. Holly Newman, of Mouat Pleasant, farmer. Munson Perry, of Somers, farmer. _ Winthrop O. ‘Hoag, of New Castle, farmer. Allen Brundage, of North Castle, farmer. George Norton, of Somers, merchant. Joseph Halsted, of Harrison, farmer. Benjamin Briggs, of White Plains, inn keeper, The jury consists of eight farmers, two inn keepers, one carpenter, and one merchant. Disirict Attorney Neson, then proceeded to o} the cause on the part of the prosecution. He alluded to the particulars of the prize fight that resulted in the death of McCoy, and pointed out the violation of Jaw on the part of those who aided in this fight, and asked what was the offence in the eye of the law? The Grand Jury had presented the prisoners as guilty of manslaughter, not of murder; and it was, therefore, for that crime hg '¢ that they were to be tried. He then read trom 6th Carrington, and Payne, English Common Law Reports, in whicha man named Edward Murphy, was tried for be! sresent at a pre fight between Edward Thompson and Michael Murphy, ‘at Friern Bamet, in at which Mu: was killed. It was there laid down by Justice Ltttledale, that incase death occurred at such fight, all ng present were guilty of man- slaughter ‘whether they took an active part or not It was there proved that prisoner did not act as second, nor say aught to encourage the fight, yet the jury brought in a verdiet of guilty of man- slaughter. Mr. Nelson then alluded to the points of the statute of the State searing upon the case, and concluded at one ool Saas the Court took a ecess till two o’clock, P. M. . 3 2 o’cLock, P. M. We have just received the Herald of this morn ing, and by it I perceive that Ned Sprague has had the impudent assurance to tell yon that he had ‘no set-co with Sullivan while in the cell with him.— The information I first received from a friend of prague while in New York, and since my arrival here it has been conhaped hy the keeper of the pri- son, Sullivan himself, and MeCleester, who was in the same room with them It is true in every par- ticular, but was not published to operate in any way against Sprague. He is a cowardly ruffian, and as such for his cowardly assault on me while my back was towards him, | will punish him to the extent of the law. He has told_you a wilful lie, which only adds to his previous misdeed. I had uo disposition to injure him, although I have always considered him a pertect blowing bully, with none of the re- deeming points found even among “ fighting men.” At the opening of the court Judge Ruaaies stated that the petit jurors not empannelled in this cause were discharged for the day, and he also requested that as there were fourteen other persons indicted for a similar offence to that committed by the pri- soners on tral, he hoped that they would not be pre- sent in court during the examination of witnesses in this cnuse. Order being restored, and that of the most perfect kind, the District Attorney called— Jasrar J. Gotpen, who deposed as follows:—I reside at Dobty’s Ferry; | am one of the magistrates of this county, and was in September last; [ was at an assemblage of persons in the town of Greenburgh in this county en the 13th of September last ; I was then in the capacity of school teacher of the Has- tings school district, and at the time was on m wiy to the school ; I learned at Hastings about 9 o’cloc! ia the morning that a prize fight was to take place ; this is the first notice I had ; [ then, instead of going to my school, considered it my duty as a magistrate, to go and try to preventit ; I ie went to the wharf to make enquiries ; I enquired of some people that was in the store near the water, and one of our citizens, where the prize fighters were ? | was an- swered by one, ‘You are too late, it is all over, they gone; I replied, [ would go and see if they were gone; the place was about a mile below; 1 proceeded toward the place where the fight was to come off, in company with William Dykeman; on our way we met some. eight to twelve men, who appeared to be returning towards the village of Hastings; one of.the com) el was named Michael Sawler ; {asked him if the fight had taken place, or if there was a fight to take place ; he replied that it had not taken place, but that it would at 12 o’clock ; in con- sequence of such information I passed on a short distance, left the aqueduct and went to rally the people to assist me to stop the fight ; during which I went about two miles from the place where the ficit was to be, to the saw mill near the road in the ining town of Yonkers; I requested all the ci- hat IT saw to come and assist me to stop the fight; [returned to the place as soon as I could ; he place isasmall plot of table land that lies be- een the beach of the Hudson and the Croton ac- juct, containing about two acres, and belonging to Samuel Fleet, in the town of Greenbush, and a mile below the village of Hastings; this is the place where the battle was fought; when I arrived there, about eleven o’clock, I think, there was from six to eight hundred persons on the ground. I saw a ring formed, ‘made of rope and posts—the centre ring was about 24 feet iare—and around it wasa large circular ring sur- inding the whole about 30 feet from the ropes of nner ang conversed with some of our citi- », whom I had requested to come there to assist me to stop the fight,and they declined to interfere ; found I could get no assistance at this time, and [ then concluded to do my duty as far as it was in my power ; [ then went down towards the people about the ring and spoke to a man they said was Sulli- van ; I asked him if that was his name—he turned from me,and said either ‘I can’t talk to you” or “I have not time”; I pursued hima few steps and told him h» must speak to me, as I was a magistrate—he then said he asked my pardon, and said he did not know that I was a magistrate ; I think Iasked him then if he was concerned in the fight that was to take place. He replied that he had nothing to do with it; I then told him that {should go to the ring and try and stop it, and asked him if my person would be safe ; I think he replied that he did not think that I would be injured ; shortly after this the men made their appearance in the ring—the fighters and anumber of others ; I attempted to make m way tothe inner ring. This conversation with Su livan took p'ace on the outside of the outer ring ; as 1 nttempted to pass to the inner ring 1 was refused admission by the persons about it, who said that no person KPXA pass in. I informed them I was a ma- gistrate and required them to let me pass—they then gave way and I passed in, I went up to the fight- ing ring—at one corner were Sullivan, MeCleester and Lilly, as also a number of others; McCleester was standing inside the ring with Lilly and one or two others; Sullivan was on the outside of the fighting ring at this time; there were a large number of people seated on the grass about the inner ring; a number ap- peared to be in the capacity of constables, and had sticks in their hands; the active persons that I mea were Lilly, McCleester and Ford ; on the opposite corner, I understood the fighting man to be Thomas McCoy ; there were about the same number in that corner ; James Sanford and Henry Shanfroid, I al- so understood, to be the names of the two seconds, wno stood in McCoy’s corner; I did not know them by name or sight ; a number of these men with sticks were in and about the ring; I should suppose there were as many as eight or ten; the persons between the two rings were seated and lying down; I ad- dressed myself while at the corner of the ring to Sul- livan, McCleester and Lilly, and while there, one or two persons came across from the other corner while Twas Lert F T told them that I was a magistrate and commanded them, in the name of the people of the State of New York, tod: sist from their intended purpose, and to disperse ; at this time the people be- tween the two rings, near by where I was standing, set up a great shout, as I suppose, to Vg Mi me from being heard. I would correct one thing that I have said or forgotten ; at the time I_ commenced speak- ing to them as regards their desisting, Sullivan said that “ this wasa magistrate,” some one inside of the ring, who came from the other corner, said that I had better leave the ring ; this was notin reply to what Sullivan said; some one said they should go on and take the responsibility ; the person that said this had an umbrella in his hand ; I commanded them at the peril of the law to desist and disperse ; Ispoke this in a loud tone and the persons on the grass immediately set up a shout; the person who said they would take the responsibility, spoke loud—at this time a citizen of our town, named Simeon Sanford, came into the ring, and said { had better leave the ring, as I was in danger. There were cries of ‘* Hus- tle him out, kick him out,” asI heard, which came from the persons on the outer side of the outer ring; I did not think it was safe or expedient for me to stay any longer in the ring, as1 had done all that was in mv power to do; I then left the ring with Mr. Simeon Sanford, and resumed my former position on the top of the aqueduct; this was about three hundred feet from the centre ring; the aqueduct is elevated forty feet above the ground at the ring; I then thought I would leave the ground, but on re- flection I came to the conclusion that it was my daty to remain there and witness what I could for the purpose of becoming a public prosecutor,in order to bring the mento justice. I then saw the fight commence; Wh dente were stripped above the hips, and naked above the waist; they were in this condition when they entered the ring; the others were stripped to their shirts; these were Santord, Shantroid, Sullivan, McCleester, Ford, end one or two others whose names [ don’t recollect; McClees- ter was dressed in a Guernsey shirt; Sullivan had his pantaloons and shirt on; I then saw the fight commence, and it continued for two or three hours; there were either three or four men in each corner, and some two or three on the outside assisting anc helping; they fought what is called rounds with their fists, and after clinching, they pulled each other about, and beat each other on the sides until one fell; then all operations ceased, and the two se- conds would each take their man to the corner, and nurse him,wipe him off, and seat him on their knees; they also gave them drink out of bottles. Iunder- stood that they fought 120 rounds; Idid not count them; there was half a minute time between the rounds; at the word ‘‘ time” the combatants would rise and walk to the centre of the ring and then commence fighting again; on the last round I saw Lilly jump up in the ring in an eau way, and I heard some one cry out that “Lilly h won.” ‘ McCoy couldn’t come to time”—* Mc. Coy was licked”—I saw Lilly go to the corner where McCoy waslying, and take him by the hand and shake it, and immediately leave the ring; I could not hear any thing distinctly during the fight; I saw McCleester assist in taking Lilly from the ground when the round was up; Sullivan was on the outside of the square ring, and appeared to, bo assisting in sronging and wiping Lilly; also saw him throw water in his face: saw Sullivan throw water ete Prous ' ahogt all on baste up cies eath of the man; I saw 0) en some per. sons and laid dowa on the bai Raf the river within about 200 feet from the ring; he was carried by hand, or in their arms; 1 then supposed hic to be dead, and heard several say that he was dead; there was such a throng of men about hing that I could n meray eS 1 saw oth. ers wiping Lilly as well as Sullivan; there were over two thousand Unpen on the ground ; some cvme by land, some by carriages, and a great many by steamboats ; there were tour or five steamboats there; the Saratoga, Boston and Indiana,were there; had no name on her, and another; they e quarry docks, about half or three quar- ters of a mile below the fighting ground; they re mained there until the fight was over ; they went towards New York on return, and came from that direction ; the body of Mc Coy was removed from the ground to a small boat at the shore, taken on # small plank that had been used to sell refreshments from; I then concluded to arrest the body, and with some citizens went down to the wharf where the Saratoga was, to accomplish it 3. but there so much confusion I gave it up. The body was then taken on board of the steamboat and they left to go jown the river. There might have been some three or four persons there whom I knew. .. The cross-examination here commenced, and as it is 4 o’elock J close. N.B. | may send in time for Thursday’s Evening Edition. City Intelligence. Paize Ficur Annxst.—Officer Relyea proceeded last night, in company with Kellinger and Haulon, officers of the 4th Ward, to'the house,of Bob'Sutton in Cherry street and there arrested John Winchester, on a bench warrant, issued by the Court of Oyer and Terminer of Westches- ter, he having been indicted for manslaughter,in the first degree, for the part he took in the prize fight at Hastings, in which Tom McCoy was beat to death by Chris Lilly. We understand that Winchester has went by the name of William Jones since the affair, in or ler to escape ar- rest,and he tried herd to persuade Relyea that he had -waked up the wrong customer. Winchester was lodged in the City Prison by the offi- cers, and will be taken to Westchester this morning by officer Relyea. Arremprep Bunatary.—In going his rounds yesterday morning about 4 o’clock, watchman John T. Edmonds discovered two fellows in the area of the house of Morton Ivers, No. 10 Hamilton street, busily engaged in attempt- ing to pry open the basement door with an iron bar, and he accordingly interrupted their labors, and brought them to the watchhouse. At the discharge of the watch they were brought be- fore Justice Merritt, and gave theirnames as James Rich- ardson and William Darrow, and were fully committed on the charge. Neither of these hopeful burglars have yetattained their 18th year, and yet they showed all the cunning of old birds. Dova.e Escarr.—By hook or by crook the notorious Bill Ryer, who was sent to the Island at the last term of the Court of Sessions tor flogging two or three marshals, managed to escaped from the Penitentiary, and on the same evening was found at his old rendezvous, the Five Points, by officer Malachi Fallon, who attempted to arrest him. Bill immediately showed’ fight, and brandished a large knive at Fallon, who is all game, and at once closed in with the desperado. After a severe tussle, Malachi got the best of it, and put his prisoner in the hands of four watchman, who had been drawn tothe spot, and drew off to recover his wind and repair damages. On the way to the Sixth District watchhouse, Ryer again showed fight, and succeeded in beating off the four watchmen, made his escape, and is again at large. We would recommend these watchmen to the notice of the police and watch commitrees of the Common Council, for the undaunted bravery and coolness they evinced in the grand battle with this uncommon desperado. Marine Court. Before Judge Randle. Nov. 23.—Lucius Raddington and Alfred Riggs vs. An drew e.—The plaintiffs are dentists. The defendant was to give plaintiffs $150 to instruct his son in all the va- rious branches of Dentistry—$50 were to be paid cash down, and $100 to be paid afterwards in two equal Rey: ments. This suit is brought to recover the last $50. The defendant says that his son was not instructed by the plaintiff in Slithe branches, according to m beech) Wa. 8. Bacue, the pupil, deposed that tha plaintifis re. fused to instruct him ; that the plaintiffs refused to let him either extract or plug teeth. He was with them about eight months, and received but little instruction from them ; and when he left, they refused to give him any di- ploma. [always told the plaintiffs that I was dissatisfied with the instructions I received. When the last $50 were paid, I told them it would be the last fifty they would ever get until I learnt to plug and extract teeth. I never ex- tracted nor plugged but one tooth while I was with them. Dr. Jon Buxver..—I am a dentist ; tice. My own practice with my pupils is, to take them into my office and show them all the operations of Dentis- try. Idon’t allow them to operate on my patients without their consent. In some particular cases they do perform some operations, as upon their own particular friends, or ts who cannot afford to pay any thing— such persous as will consent to let pupils operate upon them. Pupils can get all necessary information trom look- ing on, with occasional privileges. ; Suean Jesnor Srooser.—I am a dentist ; Idon’t allow my pupils to operate upon my patients ; they ars allowed to operate upon such as will be occasionally thrown in their way, a8 their own friends, poor persons, &e.; this is the general custom with dentists, so far as I know ; the student must look out for his subjects to oper- ate upon the best way he can, it is not the teacher’s busi- ness to provide them with patiente ; even the use of instru- ments can be got from books, although it would be proper for the teacher to add his explani tions; a dentist would naturally give his pupil every necessary explanation of particular cases. The case was submitted to the jury on the charge of the court. The Court charged the jury that it was its own opinion that no pupil could ever learn the art and mystery of dentistry, or any other art, by merely looking on. The jury remained absent five minutes and returned with a verdict for defendants. Mr. J. H. Powers, for plaintiff; T W. Clerk, for defen. dant. ve large prac: General Sessions. Before Recorder Tallmadge and Judge Lynch. Nov. 23.—Trial of Wm. E. Ross.—The consummate swindler, William E. Ross, of the fictitious firm of Alex. ander Murray & Co, $1 New street, against whom there ‘fare seven indictments, was put upon his trial for a con- structive grand larceny, in having on the 2th of July last, procured from Theophil Valentier,No. 17 Platt street, Slouiocsiy, $39 worth of ribbons. As usual, Ross bought the goods for cash, to be paid on their pelivery ut the street store, and then one of his accomplices humbugged the porter to leave them with the assurance that the mo- mey should be sent round, which of course was never complied with. A clerk in this beautiful concern of Ross’, named John Murphy swore that ne was never able to learn what business was done in the New street store. There goods there except what were procured by Ross ame manner that he got the ribbons, and he never knew any thing to be sold out of it, exe ix baskets of oil that were sold toa grocer in Orange street. Sawa man there called Murray once or twice, but did not know what he had to do with the concern. did leave him some money about ten days after he obtained the rib- ons, to pay for them, if called for; such not being the case he appropriated part of bY money to himself, and we the rest back to Ross on the next day. The jury found the prisoner guilty, and he was remanded for sen- tence, and the witnesses in the remaining cases against him were discharged. Stealing Colt’s Firearms.—John Carrolan and John Reemer were tried for grand lerceny, in having stolen be- tween July and Oct’r. last, from No. 4 Liberty st, a quan- tity of Samuel Colt’s patent firearms, of the value or $520 which were left there on storage, by Mr. John Ebler, of No. 171 Broadway, whose property they were. Reemer keeps a stand near Fulton Market, and had exposed for sale a pair of the stolen pistols, which he said had been left with him for that purpose by Carrolan, who wasa porter in the store, No. 4 Liberty street. Carrolan was then arrested and confessed the robbery, and two of the stolen guns were found at Simpson’s pawn shop in the Bowery, where hesaid he had sold them. The july ac- acquitted Reemer, there being no evidence that he knew the pistols were stolen, and found Carrolan Guilty, who was sentenced to the State Prison by the Court for two years and eleven montns. Trial of Pickpockets.—Daniel Van Horn, one of the most notorious pickpockets that ever came before our Police, and John Long, were tried tor grand Epon in abstracting a wallet trom the pocket of Samuel Ryck- 18 Cherry street, containing a few broken nd promissory notes for $526, while he wns looking at the Fountain in the Park on the evening of the 13th of October last, the day previous to the grand Croton celebration. Mr. Rvcxaan swore that both of the prisoners came up to him and commenced conversation, and that he believed Van Horn drew the dummy. He seized them both and held on till Prince John Davis, of the Police, came to his assistance, when the dummy was found where the prison- ers had stood. No evidence for defence was offered, bat Long made speech to the Court and Jury, strongly insisting on his i acquitted Long, and found Van Horn guilty, upon chi A the Court sentenced him to the State prison for four years and eleven month: Robbing Himself.—Peter Bogert was tried for petit lar- ceny, for removing on the 22d of April last, a Firs Bes his own goods and chattels valued at $21.66, which had been levied on by amarshal named George Simpson, at the suit of his landlord, Thomas Riley, for arrears of rent. It appeared that Bogert was not at home when the Lv 4 was made, and Riley agreed that the goods should be on the premises, on the promise of Mrs. ert that they should not be.removed,and he would get his rent the next gs uring the night Bogert’s furniture was removed, with the entetel ‘what was levied on, a wanes @uyt young man named Robinson, which was placed in ano. ther room until next day. | The same witness was proson' at the eves and said ee officer was far Led hom Spin a not to know what 4 on the next day he never looked beg room where the Coe ae al submitted to the jary, under charge of the Court, an | he was instantly acquitted. The Grand ‘Di t term, eighty-one bills of indictment were by the grand jury, and it} te that came before them. yursday morning, at 11 o’clock. Court of Common Pleas, | %3.—Uri Burt vs. Frederick Raders and Henry Nev; Serie wea an notion of essumpeit for ele—he ‘claimed a balance of $110. Cnantes A. Bort sworn—Am a son of the plaintiff, and am hisclerk ; have been so for the last two years ; my farher sold ale to the defendent; my father isa brewer in Greenwich street; | know of the sale of ale to tha defend- ant to the amount of $245; I know that the defendant paid $186 on the ale, leaving a balance of $110 The defence set_up was that this bill had been all paid, and more too, The Jury returned a verdict for plaintiff of $112 $8c. FE. ©. Gray for plaintiff, H.W. Robinson for defendant Court C. ndar. his Day. “Common Puras.—Pant 1—-Nos. 39, 95, 37, 47, 49, 51 53, 55, 135, 59. Pant 2.—Nos, 30, 40, 42, 46, 45, 60, 64, 55, 62, 64. Textas Navy —The schooner of war, San Anto- nio, Capt, Seegur, supposed lost, was at Alacraus on the 8d ult, BY THE SOUTHERN MAIL. Philadelphia, 2} (Correspondence of the Herald.} Puravecema, Noy. 23, 1842, Dear Benserr— An immense concourse of persons assembled at the Exchange, at 10 o'clock, to witness the sale of Pennsylvania State stock, but by some strange and reprehensible course of conduct on the part of the “powers that be,” the sale did not take place. It was postponed uatil March next. Governor Porter, Secretary Parsons, and other interested and distin- guished citizens of the once mighty Commonwealth, were present; I did not, however, notice Nicholas Biddle, Esq. The terms of the sales were of such acharacter that it was ridiculous to offer a single share of any of the various stocks advertised. Par value was demanded for Pennsylvania Bank, which is now selling in our market for $50 per share. ‘A most melancholy accident oceurred about 12 o’clock this morning, which resulted in the death of an estimable young man named Henry Woodside, son of our distinguished painter, Woodside. He was employed in painting the eaves of a house in Spruce below 8th street, when he suddenly fell to the ground and was almost instantly killed. Messrs. Veasy and Wilmer, the new proprietors of the Evening Express, were arrested and held to bail, last evening, before Recorder Vaux, on the very serous charge of forgery, in the sum of $1000 each. The arrest was caused by Lewis Johnson. type founder, to whom a forged promissory note ha been palmed off The Express is the organ of the Corporals’ Guard. The Grand Jury have found a true bill against Mary Hoffmaster, Henry Braithwaite, and Eliza Bridges, the individuals who conspired together to cheat defraud Wm. Vonvleit out of 470 soveeign. Tt was mainly owing to the generous philaathropy of Mr. G. Scherer that the latter was reseued from the base ‘perfidy of the above named persons. ~ Harry Kline, an infamous ‘character,”has been sent to “* Laylock,” in default of $2000 ‘bail, on a charge, of subornation of perjury in the case of a ‘An aged lady, residing with Hugh(Cassidy, 3d and Catherine streets, was accidentally burnt to death yesterday morning. } : Mr. James Hoy, Jr.,D.S., has given Mr. ‘John Abel notice that his services are no longer wanted in the custom house. The latter has, of course, been removed. Very well; but Mr. Hoy should also be removed He is or was a violent Clay man. and exercised » system of “ privileged finance, in Trenton, New Jersey in connection with his father, James Hoy, sen., (who also retains a place inthe Custom House,) some time since, which the poorer classes most lamentably remem- ber, and for which they never should have been chosen by John Tyler as subordinate officers of the General Government. Mr. C. J. Rogers, one of the most daring and correct riders at the Olympic, was most seriously injured last evening bya fall which he received in going through with that elegant act, the “ Dyin; Bngand.” He, however, I am pleased to say, wi appear again to-night in the same piece. ‘he above place, as usual, was crowded to excess. Gov. Porter and several other distinguished citizens were present. , Gossin, the unrivalled clown, perpetrated a very good joke to the following effect :—In laying a wa- er, he asked his master if he wes fond of ale? The fatter replied that he was, whereupon Cossin said, “Well, laying all_party feeling aside, how do you like Porrer?’ The audience immediately receiv- ed the joke, and gave three hearty rounds of ap- plause. Gov. Porter was then present, and bowed very politely. . The Walnut Street Theatre was well attended. The performance was excellent, and received with general satisfaction. Mrs. Brougham, Miss Cush man, and Mad. Lecompte were excellent. & The following are the sales at the Board of Bro- kersto-day :— $1000 Wilmington 5's, 1853, 57 ; 455 State 6's, 1845, 0. 66; 1000do 5's, 1850, 434 ; 300 do 6's, 1848, 56 ; 350 do 5’s, 1865, 494 5 6 shares New Orleans Gas, 74 ; 3 do Western Bank, P.S—The brig Monroe has just arrived from Montevideo, left 13th, reports an engagement hav- ing been fought between the Montevideo and Bue- nos Ayrean squadrons, which resulted in the entire serene of ake dans brig Splendid, Fi t at Buenos Ayres, brig endid, Freeman, for New York, in 10d SHIP NEWS Purcapeipnta, Nov 23—Arr Venus, Wilson, NYork; Alba- sya tiaves, do: Onei stelow, Albany, Below, America, Es janroe, Moutevsdeo. Cid Monongahela, Turley, Charleston; Superb, Dazey, do. Bicuoxp, Nov 2i—Arr Lynchburg, Mathias, NYork. Std lo. ard, a N Nov 21—Below, Edit 7 cker, fr i boy PR tor Balimoreye i fy dle Weg bore Aten away from her auchorge at Arec bo ina severe blow, with Joss f chain cable,anchor, &e. Arr 20th, Cleopatra's Barge, ‘ewis, Boston, ‘Cnanuestox, Nov 19—Sld Catharine, Berry, NYork; Ma pre ‘verpon'; Lucas, Boston; Marathon, Havre; Hdward, N ‘ork’ , Havana. Savannan, Noy 18—Arr Gen Perkhill, Hoyt, NYork; Philu- m. pbatien do. Cld Tower, West Indies; Clinton, Lyon, New EE REST, Cuatuam THeatRe.—Shakspeare’s thrilling tra- gedy of ‘‘ Macbeth,” is announced for this evening, with an excellent cast—Mr. J. R. Scott as Macbeth, Mr. Lennox as Macduff, and Mrs. Blake as Lady Macbeth. Herr Cline will again astonish the audi- ence by hissurprising feats on the tight rope. The successful drama of “ Darnley, or the King and the Freebooters,” is also to be performed. $c A first-rate chance, the well known public- house, the Bowery Cottage, to let-—see advertise- ment. Tuer Lion or France.—Nothing in New York has ever before been known to produce so much excitement, as the miraculous feats of Mons. Guillot at the Amphi- theatre. His performances sre so wonderful, that the astonished audience after beholding them, will hardly be- lieve the evidence of theirown senses. Mons. Guillot’s engagement atthe Bowery Amphitheatre, has been ex- tended in consequence of the great multitude unable to obtain admission at bis first and second performances, to three days longer. The horsemanship and other elegant amusements for this evening, form additional attractions. OG- Faicutexen armost to Darn !—A Fact.—The tremendous roars of lavghter at the American Museum frightened poor Winchell till he was haifcrazy. Never mind, it serves him right, for he has no mercy for his audi- tors, if we may judge by the way he cracks his side break- ing jokes. Barnum is making splendid arrangements for the celebration to-mcrrow of Evacustion Day. In the mean time, the public should bear in mind that the enter. tainments this week, by fourteen performers, are the best ever produced there. Those who have never seen the real, bona fide, actual Eejee Mermaid, will miss a rare treat if they do not go this week, for her ladyship leaves the city en Monday next. The Mysterious Gipsey Girl returns to the Museum next week, well charged with facts and prophecies, which will expose the fallacy of Father Miller’s doctrines, and knock him into the middle of the next century. Soecepeaagihagnanhentnse: &G@ The New York Museum was very full last night, and with the powerful attractions presented, it is not at allsurprising. The Hughes Family, Clemence, the dan. seuse, Miss Blanchard, Diamond, Jenkins, Rosalie, and Boyce, There is a beautiful Albino Deer, perfectly white, with pink eyes ; it is the first that has ever been seen in New York, and is avery great curiosity. It re- mains only a few days, and every body should avail them- selves of the present opportunity, as it may in all proba: bility never occur again. COMFORT TO THE AFFLICTED- DOCTOR RUSH’S PILLS.—The unprecedented success which has followed every experiment to test this safe, agreeable and ae saree ee led in the records of an: ligcovery of the kind. Balsamic and invegorating in their effects upon the blood, the surprising benefits th . confer, are universally acknowledged by the professional and in- fluential memvers of society, as well as b: poorer classer, ances, from the: moderation Konkeens von ible, independent of all billious liver 'y ms and later strides of con- jutinnal or acquired debility, &c. complaints, th sumption, const They stand pre-eminent in gout, sciatica, lnm! and rheuma- tism, assuring the sufferers from gout matism, that these Pilis possess the property of preventing the disease flying to the head, stomach or brain, and with rapidity, and complete safety, relieving etfectually the sufferer. Innu- merable proofs demonstrate this preparation to be one of the grea’est discoveries in medicine, as one of the richest blessings to mankind. Sold, wholesale and retail, by H_G. DAGGERS, 30 Ann street; and by Wadleigh, 450 Broadway ; Kelly, 267 Broadway ; Axford, 168 Bowery ; Green, 69} Fulton st., Brooklyn ; Smith, $20 Broed street, Newark ; Redding & on ; Zeiber & Burgess, Philadelphia ; Guthrie, 4 Co., Bost Stanwix Hall, Albany ; T. H. Pease, Newhaven ; J. W- hohe 3 Reed, corner of Gay and Saratoga streets, ore, Price 25 cents a box, neat): it upjin a wral engrav- ed by Durand & Co., on steel, Wiale fac si of Doctor Rush's signature on each box. * OG- THE FRENCH ANTIPHLOGISTIC MIXTURE cures all cases of gonorrhea, gleet, seminal weakness, ind debility of the generative system. a collage of eed in all cases. Sold by authority of the Col of Msdieine and Thermtoy of the cit: Ni York. PA targe bottles, price $1 ; in II do, cont cases, $3, " \W. 8. RICHARDSON, Agent, Principal office of the College, 97 Nassau street. THE FRENCH ANTI-PHLOGISTIC MIXTURE ‘or the cure of all discharges from the urethra—sold in bottles, at $1, and at 60 Cente each. won jie 8. ) " " 97 Nassau street.